08-24-1982 Supporting Documents® CITY OF CLRRAIONT
MINUTES
REGULAR MEETING
August 24, 1982
A Regular Meeting of the City Council of the City of Clermont was held August 24,
1982 in the City Council Chambers. The meeting was called to order at 7:30 p.m.
by Mayor Hoskinson, with the following Councilmen in attendance: Michael Conley,
Hal Turville, Dennis Thomas, and Bob Pool. Other City Officials present were:
City Manager Forbes, Finance Director Saunders, City Attorney Baird, and Deputy
City Clerk Brandt.
The Invocation was offered by Councilman Thomas, followed by repeating the Pledge
of Allegiance by all present.
MINUTES
A motion was made by Councilman Conley, seconded by Councilman Thomas and
unanimously carried that the minutes of the August 10, 1982 Regular Meeting
be approved as presented.
CITY MANAGER'S REPORT
UPPER PALATLAKAHA BASIN COMPREHENSIVE WATER STUDY SECOND ANNUAL REPORT
City Manager Forbes gave copies of the Upper Palatlakaha Basin Water Study
Annual Report to the Council Members and explained that the remaining meet-
ings of this group are crucial because they are preparing a draft of a water
management plan for our area. He urged the Councilmen and any interested
citizens to attend these meetings. The Upper Palatlakaha Basin supplies the
water to Clermont's chain -of -lakes.
VFW'S REQUEST TO USE BISHOP FIELD
City Manager Forbes stated that he has received a request from the VFW in
Clermont to use Bishop Field on October 31, 1982 for a "Meet the Candidate"
Rally. After a brief discussion, it was the consensus of the Council to
allow the VFW to use Bishop Field on October 31, 1982 for this meeting.
CITY ATTORNEY'S REPORT
HIGHWAY 50 EASEMENTS FOR LANDSPREADING PROJECT
City Attorney Baird explained that the City is in the process of obtaining
easements for their sewer transmission lines along Highway 50 to the new
landspreading site. .Mr.. Harde'r has stipulated that he will grant the City
an easement across his property on the south side of Highway 50 if the City
agrees to repave the parking lot in front of his business. Part of the lot
will be excavated for construction of the sewer line. Mr. Baird explained
that this was not an unusual request; and would be cost effective in lieu
of beginning condemnation proceedings to obtain the easement. After some
82-124 discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN
POOL, AND UNANIMOUSLY CARRIED TO ALLOW CITY ATTORNEY BAIRD TO NEGOTIATE THE
EASEMENT IN ACCORDANCE TO MR. HARDER'S REQUEST.
NON;INTENTIQNAL VIOLATIONS OF THE SUNSHINE LAW - STATE ATTORNEY'S LETTER
Mayor Hoskinson stated that he had received a letter from State Attorney
Gordon Oldham of the Fifth Judicial Circuit of Florida which was sent to
all municipalities within the Circuit. Mayor Hoskinson then read the
letter. The intent and purpose. of 'this letter was to remind all people
in public office of the requirements of Chapter 286.11, Florida Statutes
(Government in the Sunshine Law) and that the law will be enforced.
COUNCILMAN POOL'S REPORT
Councilman Pool commented that the Jaycee Beach looks great and thanked
City Manager Forbes and the City crews for the weed removal.
PUBLIC HEARING -FLUORIDATION OF CLERMONT'S WATER SUPPLY
At this time, Mayor Hoskinson called for a Public Hearing on Clermont's
acceptance of a Florida Fluoridation Project Grant from the Department of
® CITY OT Cf ERMONT
MINUTES
RC•GULAR MEETING
August 24, 1982
Page -2-
Health and Rehabilitative Services to fluoridate our water supply.
PRO -FLUORIDE
The first speaker was Mrs. Linda Greis, Project Coordinator for the Florida
Fluoridation Project Grant. She explained the grant stipulations as follows;
1. FIRS will pay 100% of the costs of installing the
fluoridation system in each of Clermont's three wells.
2. They will pay all chemical costs for two years, and
3. At the end of the initial two years, the City must
continue to fluoridate the water supply; or return
the fluoridation equipment.
The cost of operating the system after the initial two years will be approx-
imately 20-40Q per person per year.
Mrs. Greis continued by citing several studies which substantiate that
fluoridated water is beneficial to everyone, but in particular young
children who grow up with the fluoridated system. She also read a list of
Florida cities who have taken part in the grant.
Mayor Hoskinson asked Mrs. Greis how much it would cost to place the necessary
equipment in Clermont's three water wells. She said that it would cost between
$30,000 and $40,000 and the grant would pay the total installation costs.
Dr. Atkinson, Director of the Lake County Health Department spoke, giving
statistics collected by her department which compared the teeth of K-4th
grade children in Leesburg and Clermont. Leesburg has fluoridated its
water supply for a number of years. The percent of children with serious
cavities in Clermont was 4.4% as compared to 1.8% and 1.6% in two elementary
schools in Leesburg. Dr. Atkinson also stated that fluoride is beneficial
to the elderly because studies show that it prevents osteoporosis (brittle
bones). A fluoridated water supply offers an inexpensive easily accessable
source of fluoride.
Dr. Eldon Bunn, a pediatric dentist from Leesburg also cited several studies
supporting the addition of fluoride to a water system and listed numerous
National Professional Organizations which endorse a fluoridated system. He
stated that if a young child grows up with a fluoridated water system, up to
60% of his cavities could be prevented. However, no matter what age you are,
you can derive benefits from fluoridated water.
After an extended question and answer period, Mayor Hoskinson asked for those
people with opposing views to speak.
CON -FLUORIDE
Mr. Richard Harris stated that he was opposed to the City's acceptance of such
a grant. Clermont has always been known for its great water and he felt that
nothing more should be added to our water supply. He questioned the additional
costs after the first two years of operating the system; and noted that the
City's long range plan did not reflect the additional costs. Also, he stated
that the addition of fluoride to our water system violates personal freedom of
choice, and is just another big government handout. To tax others on these grant
programs to give to other cities is not moral. This is the type of problem
President Reagan is trying to stop.
Mr. James Tyre stated that by accepting this grant, Clermont residents would lose
control over their own lives and would be dictated to by the State. He also
stated that even though many professional organizations endorse fluoridated water
systems; they could change their minds at a later date. He stated that he was
not speaking for or against fluoride but was concerned about accepting State money.
0 CITY OF CLrR31ONT
MINUTES
REGULAR MEETING
August 24, 1982
Page -3-
PRO-FLUORIDE
Mayor Hoskinson read a letter from the West Orange Farm Workers' Association
endorsing fluoride In our water supply. This would give low income families
the benefit of better dental health through fluoridation.
Mr. Buck Evans presented an historical documentation of the benefits of fluoride
tabulated in areas where fluoride has occurred naturally through four generations.
Ile stated that the addition of fluoride to our water system would be a low prem-
ium insurance policy for the future.
Mrs. Chester Frederick told how fluoride has benefited her grandchildren.
82-125 After much discussion, A
Louncllman Ihonlas opposed acceptance of this grant because he felt it was time to
get out of giveaway programs which are just another example of Big Government.
MID FLORIDA TELECASTERS 1,845' TOWER APPLICATION - ECFRPC REQUEST FOR COMMENTS
It was discussed that the East Central Florida Regional Planning Council had requested
the City's Comments on Mid Florida Telecasters, Inc. application to erect a 1,845'
tower south of Clermont for their UHF Channel 32. Previously, the City had expressed
opposition to this tower to the Federal Communications Commission. After some dis-
82-126
BID AWARD - TRAFFIC SIGN MATERIALS
City Manager Forbes reported that the City Council had authorized the City to par-
ticipate in a warning and regulatory sign grant offered by the State Department of
Veteran and Community Affairs; and the City was awarded a grant for $10,000 to ful-
82-127 fill State Statutes and insure sign uniformity. After some discussion, A MOTION
WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED
TO ACCEPT THE LOW BIDS FOR SIGN MATERIALS AS FOLLOWS:
SIGN FACES: JADCO SIGNING INC. $5,625.80
SIGN BLANKS: U.S. STANDARD $1,907.05
SIGN POSTS: U.S. STANDARD $2,358.15
RIVETS: McCAIN SALES 81.48
TOTAL $9,972.48
BID AWARD - REPAIRS, RENOVATION AND PAINTING OF JENKINS AUDITORIUM
It was recommended that the low bidder for the repairs, renovation and painting of
Jenkins Auditorium, Bishop Paint and Decorating with a bid of $3,985 and an hourly
rate of $11 for additional work be accepted. The bidding was as follows:
Bishop Paint and Decorating $3,985 $11 hourly rate
Brinkerhoff Sandblasting & Coatings $5,550 $18 hourly rate
T.H. Contracting $9,845 $22 hourly rate
82-128 After some discussion, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN
CA THOMAS AND UNANIMOUSLY RRIED TO ACCEPT THE LOW BID FROM BISHOP PAINT AND DECORATIN
82-129
0 CITY or CLUMONT 0
MINUTES
REGULAR MEETING
August 24, 1902
Page -4-
DID A41ARD - REPAIRS 11ND PAINTING OF J1IYCEE REACH PAVILION
City Manager Forbes explained that the bids for Jaycee Beach Pavilion required
the contractor to sandblast the structure, repair all parts that have deterior-
ated and repaint the pavilion. It was recommended to accept the low bid from
Bishop Paint and Decorating for $2,871 with the cost of replacing purlins and
headers at $150 per 20' section and a fee of $11 per hour for any additional
work. The bidding was as follows:
COMPANY BASIC BID ITEM B ITEM C PER HOUR
Bishop Paint &
Decorating - Clermont $2,871 $150 $150 $11
Sunshine Painting
Orlando $5,300 $345 $360 $35
T.H. Contractors
$5,812
$ 92
$ 92
$22
Orlando
Ridge Sandblasting
Lake Alfred
$6,150
$120
$200
$15
Brinkerhoff Sand-
blasting - Orlando
$6,450
$300
$300
$18
Sieg & Ambachtsheer
Deland
$9,826
$300
$400
$15
After some discussion, A MOTION WAS MADE BY COUNCILMAN POOL SECUNUtu by
COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED TOTACCEPT .THE TLOW oBIDT�FiROnNnIHOP
nFRS
BID AWARD - CITY HALL RENOVATIONS
City Manager Forbes reported that the bids for City Hall Renovations had been
received. The low bidder for the renovations was Blue Diamond Construction
with a total bid of $13,249, however excluding the optional frontwindow re-
moval, the total cost of renovations could be reduced to $12,476. After some
discussion, it was decided that the specifications should be rewritten because
many of the contractors had included options that were not in the specifications
82-130 and the specifications were too ambiguous in some areas. A MOTION WAS MADE BY
COUNCILMAN CONLEY,_ SECONDED BY COUNCILMAN THOMASrAND TUNANIMOUSLY CARRIED TO RE-
„ TTrni nnin uaur TUF PRndFf.T
PROPERTY PURCHASE FOR LANDSPREADING PROJECT
City Manager Forbes stated that in July of 1980 the City executed an agree-
ment to purchase tracts 57, 58, 59 and the useable parts of tract 60, and tracts
6, 7, and 8 of Groveland Farms. The original contract expired on February 1,
1981 and was amended to extend the closing date to July 31, 1981; and again in
June of 1981 it was amended, requiring the City to close on tract 60 and purchase
the remainder of the property by December 1, 1982. Since the exectuion of this
agreement, Inland Groves has agreed to sell the City tracts 54 and 55 and has
requested that the City close on one-half of the property Monday, September 13,
1982. In return for closing on one-half of the property in September, the City
will not be required to purchase the remainder of the land until April 4, 1983.
The City has obtained a Conditional Use Permit from the County for this property,
however, final approval from the Department of Environmental Regulation will not
be obtained until they review all plans and specifications. City Manager Forbes
stated that ':he and the .City Engineer would meet.with DER Officials and try to
obtain their final approval before the September closing date. He did not recom-
mend purchase of the property without DER approval. This project is being financed
by the Farmers Home Administration and the initial property purchase will come
from the City's Capital Improvement Fund. Councilman Conley stated that he wanted
Parcel #1 included in the property purchased on September 13, 1982.
FONA 4 To ON WHICH VOTE OCCURRED:
MEMORANDUM OFVOTING CONFLICT _ Au gist 24 19 az
PART
Noma; —
Pool Robert _� Telophane:904-394_-2528
— — --_
(LAST) (FIRST) IMIDOLL) IA/C) INUM00.R)
Addrass:____ 1464 East Avenue ---•---------_ Clermont _._ 327]L�_�_�r1ke _ —
(STRLL'T) ICITYI _ _ _121P COOL) (COUNTY)
PART B
Agency Is o unit of (check ono) : ( ) State of Florida; ( X) County, City or other Political Subdivision
City of Clermont
Name of Agency: .__.__.�
Councilman
Position held In Agency: — ------ "—'
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Raqulred by Florlde Statutes § 112,3143 (19701
If you have voted in your official capacity upon any measure in which you had a personal, private, or professional Interest which inuras to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your Interest
below.
1. Description of the matter upon which you voted In your official capacity: —.--I abstained from Voti n9 on_the__,,.^_
City's purchase of a landspreading site from Inland Groves because I own one.share
in this corporation.
2. Description of the personal, private, or professional interest you have in the above
matter
will rnotc have sdnV opri Vate privategainor
the special private gain of any principal by wham you are retained:
from this matter. However, I did not believe I should vote because I do own one share
in the Inland Groves Corporation. I believe that Public Officials must be even above
the perception of a conflict of interest.
3. Person or principal to whom the special gain described above will inure:
a. (X 1 Yourself b. 1 I Principal by whom you are retained: (NAME)
PART D
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes, This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
PART E
September 7, 1962
SIGNATURE OF PERSON DI L 1 DATE SIGNED
NOTICE: UNDER PROVISIONS OF. FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $SAGO.
CE FORM 4•. EFF. 1/1/77
CITY OF CLERMONT
MINUTES
REGULAR MEETING
August 24, 1982
Pago -5-
82-131 After some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, §ECONDED
BY COUNCILMAN THOMAS.,_AND CIWEDTIN�NIMQUSLY, 41iT1C07fffll- PObL A-O
STAINING. TIUIT fll1 CITY CLUSf. SLP'TEMBLR L- 1982 ON NE -HALF Of TIIE PRO'I'-
IRTY WFIICFI WILL INCLUDE PARC L N1 AVD CLffc ON TIIE REMAINING LAND FOR
THE LANUSPREADING'FROJECT YY PI2IL h, 1983 ALL CON7INGtNT UPON PRIOR UL'I2
APPROVAL.
HOMER TORRENCE REQUEST TO RENT INNER TUBES AT JAYCEE BEACH
Homer Torrence appeared before the Council requesting permission to obtain
a license and rent inner tubes at Jaycee Beach. City Attorney Baird stated
that this type of request had been denied in the past because of the liability
involved in licensing someone to sell from City property. Councilman Conley
also stated that all similar type requests had been denied in the past. After
82-132 much discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCIL -
The Meeting adjourned at 9:25.
Hoskinson, Mayor
Attest:
Julie Brandt, Deputy City Clerk
To: City Council
From: City Managor
Subject: Wuckl.y Memo
Date: August 20, 1982
111,UORIDATION. At next• Tuesday's Council meeting we will conduct
a Pulala:c !Tearing on adding fluoride to the City's water supply.
Linda Greis, the project• coordinator from the State, will be
present at this meeting to answer any questions on the funding
for this project.
From an administrative: point of view, adding fluoride to the
City's water supply will increase our water operator's work load
by about one hour per day. This increased work load is due to
the daily checks and water samples that are required on the
fluoridation equipment.
The Council should weigh the extra maintenance and operating
costs vs. the public benefits of a fluoridation program.
STREET SWEEPER. The elevator chain on the City's street sweeper
broke this week. Since the estimated repair costs exceed $1400
we will no longer be sweeping the streets until a final decision
is made regarding this service. We are investigating the poss-
ibility of rebuilding the sweeper or even contracting for this
service.
STORM DRAINAGE. Last Wednesday night's hard rain overtaxed
the City's storm drainage system, causing major erosion prob-
lems on Eighth Street near the Pit Trail, on Desoto Street and
Montrose Street between 'Tenth and Twelfth, and on East Avenue
just South of Pine Street. The Pit Trail was particularly hard
hit and an entire station was washed into Center Lake. We will
be enlarging a storm drain at Center Lake and repairing storm
water damage for the next week.
WATER SYSTEM. This week the City received approval to operate
our new Fourth Street water well and the well was placed on
line Wednesday afternoon. The new well does have a slight
amount of sand and turbidity in the water when the well first
starts, but the problem will eventually be eliminated as the
well is used.
We have been receiving an increased number of complaints of
water discoloration for the past few months, and the majority
of this problem is due to the fact that we are on a single water
system. The wells now pump in rotation, which is changing the
routes that the water has normally traveled, creating a scouring
action on some water lines. We flushed all mains Thursday to
clean the lines , and in time the greater part of the problem
should be eliminated.
WEEKLY MEMO
August 20, 198:,
Page two
HIGHWAY 50 CONSTRUCTION. This week I mut with State D.O.T.
orficials rogarEing work on the 'Twelfth Street intersection clue
to the widening of Highway 50. The State has amended the plans
for this work and they now want us to relocate the 12" water
line that we recently installed at this location. Since the
City installed the existing lines with the approval of the State
I have told D.O.T. officials that we would be glad to move the
line as long as they pay for all. of the costs. I wil.l. report
back to the Council on this matter.
ART FESTIVAL. The president of the Art League, Ruby Abel., has
rnformcd me that the Art League will be sponsoring the Art- Fest-
ival with Sue Mccanick. The festival is not scheduled until
February of 1983.
UPPER PALATLAKAHA STUDY. The remaining meetings of the Upper
Palatlakaha Study w 1r be crucial since they are preparing a
draft of a water management plan for this area. All Councilmen
are encouraged to attend these meetings.
PUBLIC HEARING ON ASPHALT PLANT. The Lake County Planning and
zoning Agenda or August 25th includes the consideration of a
C.U.P. for an asphalt plant to be located one mile west of
Clermont on the north side of Highway 50. This is a temporary
plant for the overlay of Highway 561.
REPRESENTATIVE McCOLLUM. Representative McCollum's office has
reserved the council chambers for the first Friday of each month
beginning in September for the purpose of meeting with inter-
ested citizens of our area. These meetings will take place from
3:30 until 5:00 P.M.
GRASS CARP. Last year the City obtained a permit from the State
to purchase grass carp hybrids for Center Lake. Grass Carp are
known for their ability to eat aquatic weeds. Although we de-
cided not to purchase these fish, I have renewed our permit
(Lic. 7-5-2) which will remain valid unless revoked by the
Florida Game and Fresh Water Fish Commission.
ECONOMIC COMMENTS.. Enclosed is the Economic Comments Newsletter
from the Sun Bank. The newsletter states that the economy im-
proved somewhat in April and May before stalling in June. How-
ever, the effects of the July tax cut and Social Security pay-
ment increases remain to be seen. A very positive factor for
the economic recovery is lower interest rates.
CODE ENFORCEMENT BOARD. Enclosed are the minutes of the last
Code Enforcement Board meeting at which the case of the City of
Clermont vs. Jimmy Lee Jackson was heard.
Respectfully,
George D.`i For' !s
City Manage,
OFFICG OF' 771H S7i1T ' 117TORNITY
%i/lk Junc�/al G'irrurl of/'%ride
vlll'lill:n,,�
+A,
GORDON G. OLnimm, in.
Slate1111orng1 August 19, 1982
MAYORS AND CITY COMMISSIONERS OF
ALL MUNICIPALITIES WITHIN THE
FIFTH JUDICIAL CIRCUIT
RECEIVED AN 2 0 198z
/.aka Couah/ Courthouse
%bst Office %lox 1000
1auarrr, %/orida X1770
ral(phane 1.704) 34.7.01170
Gentlemen:
This office has recently received several complaints of violation
of the Sunshine Law. In most of these cases the violations were not
intentional, but are, nonetheless, serious. No intent is required to
make a violation.
I am, therefore, recommending that at the next appropriate meeting of
your council or commission this letter be read to those present.
I must stress that the Legislature in enacting the Sunshine Law
intended to open to the public all meetings of any body over which the
Legislature's authority extends at any time when official acts are to be
taken. This includes meetings in which there is discussion of any
matter which may be the basis for an official decision now or later.
Merely making recommendations may be official acts. The statute is not
limited to bodies which are elected. Indeed, the Courts have held that
the City Manager or Administrator may in some circumstances himself
constitute an "Agency" and in the company of any other person may be a
"Board". In other words, any meeting to discuss public business is
covered by the Sunshine Law and the public have a right to be present.
My office is most anxious to avoid the necessity of enforcing the
natural consequences of any violation of the law.
In summary, I would remind you that, Chapter 286.11, Florida Statutes,
requires:
1. Prior notice of any meeting.
2. All meetings shall be open to the public at all times.
3. Minutes of a meeting to be recorded and open to public
inspection.
4. Any person who is a member of a board or commission or
authority attending a meeting not held in accordance with
the provisions of the Sunshine Law may be guilty of a
misdemeanor.
MAYOR AND CITY COMMISSIONERS OF
ALL MUNICIPALITIES WITHIN THE FIFTH JUDICIAL CIRCUIT
Page Two
If you have any questions, I would recommend you consult your City
Attorney, and/or Chapter 286.11, Florida Statutes, which Is Florida's
Government in the Sunshine Law.
Sincerely,
GORDON G. OLDHAM, JR.
State Attorney
GGO/ky
Memo to: City Council
From: City Manager
Subject: Review and Comment on Mid Florida Telecasters Tower
Date: August 20, 1922
The City has received a letter (enclosed) from the East Central Florida
Regional Planning Council requesting that we comment on the application
of Mid Florida Telecasters, Inc. for a UHF Channel 32.
The Tower for the television station would be located south of Clermont
and have a height of 1,845 feet.
The City has previously opposed the erection of this tower due to its
extreme height. Council direction on this matter is requested for Tues-
day's Meeting.
Respectfully,
CITY OF CLERMONT
GEORGE D. FORBES
City Manager
GOF/jmb
Enc.
7 RECEIVED AUG 1 9 1982
AL=OS.t 1CAWN&r-1V1 A=10rZAAW
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rry w...... sr f . S /R. VOB • Imri.... ..b Fi../� 7!l>/E1 • T./.�e.... /JOBI Bt/B• 777J
-- _ -982
Mr. George D. Forbes
City Manager
City of Clermont
F.O. Box 219
Clermont, FL 32711
Subject: Application of Mid Florida Telecasters, Inc. UIIF Channel 32
Lakeland, Florida
ECFRPC It LA-83-7
Dear Mr. Forbes:
In accordance with the requirements set forth in the Office of Management and
Budget Circular A-95, revised and dated January 1, 1976, this office, as the
responsible areawide clearinghouse, is in receipt of the above subject project
for our review and comment.
As part of our established review procedure, we solicit comments from appropriate
local agencies. Enclosed is information on the subject project and a form for
your convenience in making any comments which you may wish to have incorporated
into our review and recommendations. 'We would appreciate the forwarding of your
comments no later than _Iu��
If you have any questions or would like additional information, please do not
hesitate to contact the Council office.
Sincerely,
q
Cynthia Terry
Environmental Planner
Project Review
CT/es
Encls.
" ..4 �pri riw�� a•w yit^�
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 7.... III/l.�y IY/
July 27, 1982 AJQ ` V
4K1�o=rr
central FloAde Rogionel
Plennlnq Counoll
East Central Florida Regional RECEIVED ��� 3 0 huh
Planning Council
loll Wymore Rondo Suite 105
Winter Park, Florida 32789
Gentlemen:
We are seeking your assistance in connection with an application pending
before this Commission for a new television station to serve Lakeland, Florida
on Channel 32 (EPCT-800521KG).
The applicant, Mid Florida Telecasters, Inc. (MFT), has proposed construction
of a television tower with a height of 1,845 feet above ground near Clermont,
Florida. We have received numerous objections to MFT's proposal. The
objections raise a question as to whether construction of the tower as
proposed would adversely affect the quality of the human environment. Among
other things, the objections contain the following allegations:
a. The tower would be an eyesore and destroy the natural beauty of
the area and is located across a lake from an officially
designated scenic drive.
b. The tower would be located in the Green Swamp, an environmentally
protected area.
C. The tower would be located in a flood plain and flood prone area.
d. The placement of anchors will require water diversion and/or
wetland fill.
e. The extensive array of guy wires supporting the tower would kill
many birds, such as the endangered wood storks and sand hill
cranes that nest and feed in the wetlands.
f. The tower is located in a recreational area frequented by
hunters, boaters and fishermen.
In accordance with the Commission's obligations under the National
Environmental Policy Act of 1969, 42 U.S.C. §§4321-4361, as implemented by
Sections 1.1301-1.1319 of our Rules (47 C.F.R. §§1.1301-1.1319),
we preparing a draft environmental impact statement.
-2-
As an agency with special environmental expertlar., would you provide 'in your
views in thin matter, to assist us in determing whether construction of MFT's
proposed tower would have a significant• advcrompact on withintile qnron uality
ofoyouthe
humnn environment? Any information you can provide
expertise will be greatly appreciated. It would be most helpful if you could
provide your views within 60 days of the dnte of this letter. It would also
be helpful if you would provide the names and qualifications of the persons
primarily responsible for the information cantnined in your response.
Enclosed for your information are (1) a list of agencies with special
environmental expertise whose views we are soliciting; (2) the narrative
portion df one of the objections (Sunderman Groves, January 28, 1981); (3) n
report of subsurface investigation for the proposed tower, prepared for the
applicant; (4) applicant'a reply to the objections; and (5) relevant portions
of. the engineering section of MFT a application, including n description of
the tower and tower site, maps showing the location of the tower, a vertical
sketch of the tower and applicant's statement concerning environmental
considerations with respect to the construction of its proposed tower. I
trust you will find this material helpful -
,a appreciate any assistance you can provide us in this matter. If you have
any questions, please feel free to telephone me or Mr. Sewell of my office at
202-632-6485.
Sincere ,
Larry DEnds, Chief
Broadcast Facilities Division
Broadcast Bureau
Enclosures
cc: Lakeland Telecasters
Lauren A. Colby, Esq.
Plaza Broadcasting, Inc.
Kenkel and Barnard
Figgie Communications, Inc.
Kotteen and Naftalin
Mid Florida Telecasters
McKenna, Wilkinson and Kittner
Public Interest Corporation
Benedict and Cottone
Channel 32, Inc.
Arent, Fax, Kintner and Kahn
Manning Telecasting, Inc.
Fly, Shuebruk, Gaguine, Boras
Schulkind and Braun
Memo to: City Council
From: City Manager
Subject: Bids for Traffic Sign Materials
Date: August 19, 1982
The City Council authorized us to participate in a warning and regulatory
sign grant offered by the State Department of Veteran and Community Affairs,
The City was awarded a grant of $10,000 to fulfill State Statutes and insure
that all City signs comply with the "Manual of Uniform Traffic Control Devices."
Enclosed is one copy of the sign material bids.
I would recommend we accept the low bids for sign faces, blanks, posts, and
rivets as recommended by our Public Works Director. (See attached sheets).
Respectfully,
CITY OF CLERMONT
GEORGE D. FORBES
City Manager
GDF/jmb
Attachments
MEMO TO: City Manager
FR011: Director of Public Works
SUBJECT: Sign Bid Award Recommendations
DATE: August 17,1982
Following are my recommendation for award of bids
received for sign faces, blanks, posts and rivets:
Sign Faces: 55,67.5.00
Jadco Signing Inc.
Sign Blanks:
U.S. Standard 1,907.05
Sign Posts
U.S. Standard 2,358.15*
Rivets: 81 48
McCain Sales
TOTAL 9 972.48
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Memo to: City Council
From: City Manager
Subject: Bids for Repairs to Jenkins Auditorium
Date: August 20, 1982
We have received the following three bids for repairs and renovations to
Jenkins Auditorium:
COMPANY BASIC BID PRICE PER HR. FOR ADDITIONAL WORK
Bishop Paint & Decorating
Clermont $3,985 $11
Brinkerhoff Sandblasting
& Coatings - Orlando $5,550 $18
T.H. Contracting
Orlando $9,845 $22
We would recommend that the City accept the low bid from Bishop Paint and
Decorating for $3,985 and $11.00 per hour for any additional work.
Attached are the specifications which will insure that Jenkins remains in
good condition for our Citizens.
Respectfully,
CITY OF CLERMONT
GEORGE D. FORBES
City Manager
'• I
GDF/jmb
Attachment
Memo to: City Council
From: City Manager
Subject: Bid Award for Repairs and Painting of Jaycee Beach Pavilion
Date: August 19, 1982
We have discussed with the City Council the repairs and painting needed
on the Jaycee Beach Pavilion. Due to the humidity in Florida, much of
the surface of this structure has rusted. The attached bids require
the contractor to sand blast this structure, repair all parts that have
deteriorated (such as purlins) and repaint the pavilion.
The bids for this work have been received, and are as follows:
COMPANY BASIC BID ITEM B ITEM C PER HOUR
Bishop Paint &
Decorating - Clermont $2,871 $150 $160 $11
Sunshine Painting
Orlando $5,300 $345 $360 $35
T.H. Contractors
Orlando $5,812 $ 92 $ 92 $22
Ridge Sandblasting
Lake Alfred $6,150 $120 $200 $15
Brinkerhoff Sand-
blasting - Orlando $6,450 $300 $300 $18
Sieg & Ambachtsheer
Deland $9,826 $300 $400 $15
We would recommend acceptance of the low bid from Bishop Paint and
Decorating for $2,871 with the cost of replacing purlins and headers
at $150 per 20' section and a fee of $11 per hour for any additional
work.
Respectfully,
CITY OF CLERMONT
GEORGE D. FORBES
City Manager
GDF/jmb
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MEMORANDUM
To: City Council
From: City Manager
Subject: Renovations of City hall
Date: August 20, 1982
The City has received bids for the renovation of City Hall as
shown on the attached bid tabulation sheet.
The low bid for this project is from Blue Diamond Construction
Company from Orlando with a total bid of $3.3,249.00. However,
by excluding the optional front window removal and awarding the
mechanical and electrical bid to Kennedy Company, the total cost
of renovation can be reduced to $12,476.00.
While we are disappointed that the bids were not closer to the
$10,000.00 that we had projected, I would recommend that we pro-
ceed with this work. The low bidder is approximately $2000.00
below the next lowest bidder, and we probably will not be able
to obtain a better price for this work.
The City would also be required to purchase drapes and carpet-
ing for the project which would be purchased through our exist-
ing Finance Department budget if this expenditure is authorized by
Council.
We would recommend that the City Council accept the low bid of
$8882.00 from Blue Diamond Construction Company for construction
work and the low bid for Option B (central heating and cooling)
of $3,594.00 from Kennedy Company.
Respectfully,
George D. Forbes
City Manager
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Memo to: City Council
From: City Manager
Subject: Purchase of Property for Landspreading Improvements
Date: August 20, 1982
In July of 1980 the City executed an agreement to purchase tracts 57, 58, 59,
and the useable part of tract 60; and tracts 6, 7 and 8 of Groveland Farms as
shown on the attached sheet. The original contract expired on February 1,
1981 and was amended by extending the closing date to July 31, 1981,
In June of 1981 the City again amended the original Contract for Sale
(attached) which required the City to close on tract 60 and purchase the
remainder of the property by December 1, 1982.
Since the execution of this agreement, Inland Groves has also agreed to sell
the City tracts 54 and 55; and has requested that we close on one-half of
this property Monday, September 13, 1982. In return for closing on one-half
of the property in September, the City will not be required to purchase the
remainder of the land until April 4, 1983. The entire amount of property to
be purchased is shown on the attached sheet. The City has also obtained a
Conditional Use Permit from the County which allows this property to be used
as a landspreading site. However, we have not yet obtained final approval
from the DER on this property because they will give no approval until all
plans and specifications are reviewed. The City has done extensive testing
on this property and no problems in receiving DER final approval are anti-
cipated. Plans should be ready for their review before the closing date.
The City will be purchasing only the portion of this land above the high
water marks. Mr. Shewey is in the process of preparing a final plat which
will determine the exact amount of acreage the City must purchase. The pur-
chase price is $7,000 per acre; with approximately 72 acres to be purchased.
Ten acres have already been purchased, so an estimated 62 acres remain.
I would recommend that the City Council authorize the purchase of one-half
of this property from the City's Capital Improvements Fund and set a contract
closing date of September 13, 1982. Before this date, the City Engineer and
I will meet with DER Officials to obtain their final approval. The remaining
property can then be purchased on April 4, 1983. The majority of this prop-
erty will be paid for through FmHA financing.
Respectfully,
CITY OF CLERMONT
GEORGE D. FORBES
City Manager
GDF/jmb
Encl.
Ili. �' .. .. �._.....�.,......ri►'.a .Y.._.._. ., ...., ... .... .......yam..»•..�..w ®.....�.h• i.hl ��M ).
AMENDMENT TO CON'1'RAC'f FOIL SALS 01-14
Thin Agruumunt, by and butwuun INLAND CROVEII COM ., C,M, POOL b SONS, INC.,
and Ito, CITY OP CLERMONT, 1•aku County, Florida, huruby anlelula certain provinime, of that
curt,lul CmIlrael bulwuull the parLleu daLud July 291 t'1BO, uxtundod by Bxtunuloe
Agravmvut dated ,.,_^,.._..•..._._!.__.... all fl)ILUWUI
1. Paragraph J. of uald CullLr1111L is huruby umunded us follow"$
"I," 'Prue'. 60 Nhal l be vunv"Y d u) Buyer upon puymuot of SEVENTY '1'IIOUSAND
AND NO/100 DOLLARS ($70,000.00) to :fellers upon uxecuLloa of Lhia AlaondmunL, Buyers
ellall bo VIII.LLlud L0 the 1'1U1-U2 mill urup. 'file remainder of Purcol 1 and Parcul 2
ehall bu vloaed prior to December 1, 19B'!, on the condition that Parcel 2 shall not
bu vItaled prior Lo'November 1, 19111. If the I.runsuctloo is closed prior to November
1, 1910, 11uyur may lease Marcel 2 at the annual rental of FIVE HUNDRED AND NO/LOO
1101.I,AItS ($5:)0.00) per ecru, which Sum uhall be credited Lo Buyer at closing of PareeL 2.
2. Paragraph 7 is huruby duletod.
i. I'aragrnph H IS hereby uumaded Le read as follows:
"g." Sullcrn shall be untitled to the l'JBO-BI still 1981-82 fruit crop togother
._.. - With Lhr 11)'011 Lo enter upon the pr,lperry to culLiVutu sell harvest uucll crop. In -the
cveul Ih15 Ir:)nrucllun t:ball out by rloaud befury .Luswry 1, 19112, Sellers uhall be
Hit ILlyd It, Lhc 1982-7 1 1 o I 1 crep. S,:Ileru agree to abide by usual and Cuutematy
Ihusb.uslry d othul grovuu la Llu• on•:1 owuud by SeLLuru, lc., 2 uprayu, 2 furtlllacru,
and dk• ,Ied rlu)p.
o.u,l Ihla tiny of .luac, 19Hl.
CITY OF CLE1010tfr, a munLcipal core.
BUYER
INLAND CKOVF.& CORP,
C. M. POOL 6 SONS, INC.
A'I"I'I•ST: j}
BY:
SELLERS
L1.UNAII1) It 1JAl11U. ill. AT I UIINLY AI IAW. VA UaAWL11 IObd. I:LERMONL FLOIIIUA 32111
U
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CONTRACT FOR SALE AND PURCHASE
This Agreement, by and between INLAND GROVES CORP., as to
Parcel 1 and C. M. POOL & SONS, INC. , as to Parcel 2, hereinafter referred
to as Sellers; and the CITY OF CLERMONT, a municipal corporation, Lake
County, Florida, hereinafter referred to as Buyer.
The parties hereto, in consideration of the mutual covenants and
promises contained herein, agree that the Sellers shall sell and the Buyer shall
buy the parcels described herein upon the following terms and conditions:
1. The legal description of the property Is:
Parcel 1: Tracts 58 and 59, and the usable land of
Tract 60, Groveland Farms, Section 21,
Township 22 South, Range 25 East, Lake
County, Florida.
Parcel 2: The usable land of Tracts 6 and 7, Grove -
land Farms, Section 28, Township 22 South,
Range 25 East, Lake County, Florida.
Together with easement for ingress, egress and sanitary
sewer lines over Tract 57.
2. The total sales price is SEVEN THOUSAND AND N0/100 ($7, 000. 00) — ---
DOLLARS cash per acre of land as determined by a survey of the property to
be furnished by Seller prior to closing.
3. Parcel 1 shall be conveyed to closing by good and sufficient Warranty
Deed free and clear of all encumbrances, upon payment of the sum specified in
Paragraph 2. Parcel 2 shall be leased to Buyer at the annual rental of FIVE
HUNDRED AND NO/100 ($500. 00) DOLLARS per acres of land. The lease
shall expire on November 1, 1981, at which time Buyer shall have the option
to purchase Parcel 2, upon payment of the sum specified in Paragraph 2, less
a credit to Buyer for the amount of the lease payments to Seller.
9. Sellers shall deliver to Buyer a Title Insurance Commitment evi-
dencing marketable title free and clear of all encumbrances ten (10) days prior'
to closing.
5. This Agreement is subject to and conditioned upon approval by
governmental agencies for Buyer to use said property as site for upland spray
irrigation of secondarily treated effluent at the rate of 4" per acre per week'
G. Sellers grant to Buyer an exclusive option to purchase on Tract 57,
Groveland Farms, Section 21, Township 22 South, Range 25 East, and Tract 8,
Groveland Farms, Section 28, Township 22 South, Range 25 East, for a period I
of five (5) years for the total sales price of SEVEN THOUSAND AND N01100
($7,000.00) DOLLARS cash per acre of usable land. The option shall be
exercised by Buyer by written notice to Sellers at least ninety (90) days prior
to termination of the option.
7. This transaction shall be closed upon receipt by Buyer of preltmi-
i
nary approval by the governmental agencies, but not later than February 1, 1981.
8. Sellers shall be entitled to the 1980-81 citrus fruit crop produced
upon the citrus trees located on all property described in Paragraph 1, together
with the right to enter upon said property to harvest such crop.
DATED this 29th day of July, A. D. 1980.
ATTEST: CITY OF CLERMONT
By:
Buyer
ATTEST. INLAND GROVES CORP.
Bv«+ G
-. - Seller
ATTE C.-M. POOL & SONS, INC.
By: �iQ�i oar o
- Seller
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® ClrY 0r CWHONr
CODE ENFORCEMENT BOARD
MINUTES
Tuoaday, August 17, 1.982
Thin meeting of the Code EnforcemenL Board of tile City of
Clermont was called to order at 7:;0 p.m. on Tuonday, August1.7,
1982 in the City Council Chamboro by Chairman Kathleen Parnell.
The Pledge of A11eg:l.anco to Lilt-, Plag was recited by all. present.
ROLL CALL. Present: Glenn Curtis, Emma ILtgginn, Marcus
McGowan, BTlaMcGuirr., Sue Mocani.cl: and KaL•hleon Parsoll.
Absent: None. Representing the City were Attorney Lconard Baird,
Code EnforcemcnL Director Harvey Nagel. and Marilyn G. George.
MINUTES_ of. the meeting of .tune .1.5, 1982 were approved as
presented.
HEARING NO. 82-007. CITY OI' CI.J;RMONT vs. JIMM11.1 hhE JACKSON
Chairman Parsell cxpla.�ned that Mr. Jackson was called before the
Board for violation of Ordinances 11-22, 11A-16, and 26-25 of the
Zoning Ordinance, all of which are concerned with maintenance of
property within tho City. Mrs. Pnrsel.l read parts of these ord-
inances aloud.
Mr. Nagel refcrrcd to the long 1.isL of letters and other
action concerning this case in the past, and stated that the Cafe
on this site is allowed to exist in this 11-3 location because it
existed prior to the enactment of: the Zoning Ordinance. In add-
ition to this business, Mr. Jackson works :in citrus picking and
collecting of cans and bottles for salvage. There are also many
vehicles without valid tags parked on the property owned by Mr.
Jackson. All of these operations spill. over onto the lot next
door, which Mr. Jackson leases from Mrs. Amy Odum. She has been
notified that she faces possible action by the Code Enforcement
Board as owner of the property where these violations occur.
Mr. Jackson, speaking on his own behalf., stated that he saves
cans and bottles from his business and also collects them through-
out the neighborhood for recycling. fie places them in 55 gallon
drums and plastic bags at the back of his properly. This recycling
business brings income during the slack periods in the ciLrus busi-
ness.
Mrs. Parsoll stated that a license was necessary for each
business conducted within the City, and that Mr. Jackson should
apply for a license and allow the City to determine whether zoning
requirements are being met.
Mr. Jackson expressed the desire to comply with the law, but
cited financial problems.
After extensive discussion, mainly concerning the legality and
possibility of storing vehicles and junk in an R-3 Zone, the City
Attorney made the following remarks.
There has been sufficient evidence offered to subtantiate the
charges. Time for compliance should be allowed before a fine would
be due. Mrs. Odum should be made a party to the proceedings, be-
cause she, too, is in violation. The can recycling business is in-
cidental to the Cafe business. Proper garbage cans or use of a
dumpster should eliminate the problem. Storage cannot be allowed if
it becomes a nuisance, therefore the cans and the vehicles stored
on the property must be removed from this location.
A motion was made by Mr. McGowan and seconded by Mr. McGuire.
as follows:
That Mr. Jackson be given 30 days to remove the cans and trucks
from his property. If he fails to comply within that time, a fine of
$100.00 will be due. Mrs. Odum is to be notified that she is respon-
sible for her own property and may be called before the Board if her
property is not cleaned up in 30 days.
Mrs. Parsell suggested that the Period of time be extended to
95 days to coincide with the next meetingof the Code' Enforcement
Board: Both Mr. McGowan and Mr. McGuire agreed to the amendment.
Voting on the motion as amended was as follows: Curtis, Ilig-
Gins, McGowan, McGuire and Parsell; aye. Mecanick; nay.
PROGRESS REPORT. Mr. Nagel reported that all previously heard
cases had been settled satisfactorily with the exception of Case No.
_i A I! A1ayl-P.1
Ladies and Gentleman of the City Council:
My name is Homer Torrance. I am respectfully re-
questing permission to obtain a Merchant's license to rent
innertubos on the Lake Minneola Beach. I was ❑dvised by
the license department of this requirement.
At the present time, swimmers are using tubes and
floats in a restricted area and I would only be renting
to those who do not own their own tubes.
I am .requesting permission to purchase a required
license to sell on the beach property.
Respectfully,
Homer Torrance
® CITY OF CWHONT
CODE ENFORCEM13NT BOARD
MINUTES
Tuesday, August 17, 1902
Page two
82-002 The City of Clermont vs. Arthur Edwards. This case will be
continued indefinitely, and the situation monitored by the Director
of Code Enforcement• to be sure there in no further violation.
The meeting was adjourned at 8:30 p.m.
hA'L'Hh1:EN PARSELI„Chairman
ATTEST:
HARVEY NAGEL
Director of Code Enforcement
ladies and Gentleman of the City Council:
My name is Homer Torrance. I am respectfully re-
questing permission to obtain a Merchant's license to rent
innertubcs on the Lake Minneola Reach. I was advised by
the license department of this requirement.
At the present time, swimmers are using tubes and
floats in a restricted area and I would only be renting
to those who do not own their own tubes.
I am .requesting permission to purchase a required
license to sell on the beach property.
Respectfully,
liomer Torrance