Loading...
09-16-1975 Supporting DocumentsMINUTES N9 11.85 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, September 16, 1975. The meeting was called to order by Mayor Claude E. Smoak, Jr., with the following members present: Councilman Oswalt, Byrd, Schroedel, and Blackburn. Other officals present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Conununity Services Smythe, and Chief of Police Tyndal. Others present were: Mr. and Mrs. W. B. Perry and Messrs. Davis, Jones, and Sargent. A representative of the Sentinel/Star was also present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meeting held September 9, 1975 were approved as written. Mr. Charles W. Jones appeared before Council with regards his request on August 12, 1975 for permission to construct a dock and boathouse on city property located adjacent to his residence on the east shore of Lake Winona. City Attorney Bdird reported that the property was not a portion of Lake Shore Drive right-o-way, and it would be permissible for the city to grant a lease agreement for use of the property, and which would contain provisions for the lessee to assume all liability and provide adequate insurance coverage. There was considerable discussion with regards to whom lake front easements would be granted, and it was final consensus that they be granted to adjacent property owners. Mr. Baird advised Council they might want to establish some sort of precedent, and actually put it into the lease agreement, whereby the city would be giving this opportunity to property owners across the street, and Council was in agreement, excepting Councilman Blackburn. Councilman Blackburn opined that the same considerations should be given to all taxpayers with regards city properties, and inasmuch as Council had not granted the several requested easement renewals along Lake Shore Drive, he could not support any action on this request. Motion was made by Councilman Schroedel,Qseconded by man Blackburn voted, Naye, on passage of the motion. Councilman Blackburn reported he had received inquiry from members of the American Legion as to the reasons for prohibiting parking on the south side of DeSoto Street where the Legion building is located inasmuch as this was a hindrance to those of their membership,, who were handicapped in getting to and from the building. City Manager Hopkins advised that such action was necessary to order to utilize the driveways of the recently constructed residences on the north side of the street, that that a limited parking area could be made available in front of the building and he would investigate the matter. Councilman Byrd submitted information from his files with regards determination of insolvency for appointment of a Public Defender, and, composted soil conditioner made from trash and garbage, which were referred to Municipal Court and City Manager Hopkins. Mayor Smoak reported on a communication he had received from Jim Watkins, County Clerk, wherein he advised that the County Commission is considering a use fee for county dumps beginning October 1, 1976. City Manager Hopkins reported he was ready to proceed with the project of providing cremorials in Oakhill Cemetery as had been authorized January 28, 1975, but due to escalating costs since that time, he recommended that the purchase price of each cremorial be increased from $125.00 to $150.00. Motion was made by Councilman Srhroedel. seconded by Councilman Byrd and carrie at t is recommen an on e MINUTES M 1186 With regards the request of Don M, McCaffrey for the opening and construction of Milholland Street, motion was made by Councilman By_rd,_seconded by Councilman Blackburn and carriad,�Lha'l no nee�C�emxlsto _iresently for the kr�eet} anclit was T-1..;I—r «�,.n rni�nKiln "fdn l•. �f nn wa5 macce -Iiv Cnunci Iman With regards the request from the Town of Minneola for the city to provide di and jail services, motion was made by Councilman Blackburn2 seconded by^Counc Inasmuch as all of Council had not had opportunity study the proposed zoning changes as recommended by the Planning and Zoning Commission, this matter was postponed until the meeting of September 23rd. Councilman Oswalt requested that Acting Chairman of the Committee Nick Jones, be invited to attend in order to advise Council of the reasons held to recommend the various changes. Mayor Smoak requested that in future correspondence to Council of recommendations for change by the Commission, that each recommendation be concluded with the reason held for making same, inasmuch as he felt the thinking of the members of the P & Z Commission would be very beneficial to Council members in formulating a Council position. With regards the recommendation of City Manager Hopkins that privately owned Freeman Lane be blocked at its intersection with Desoto Street to prohibit thru traffic due to its dangerously deteriorating condition, it was consensus of Council that the matter first be referred to City Attorney Baird for investigation as to the city's recourse in requiring the abutting property owners to improve and maintain the street. With regards the requirements as contained in the Local Government Comprehensive Planning Act of 1975, Mayor Smoak urged that each Council member attend a meeting to be held in Mt. Dora on September 25th sponsored by the Lake County League of Cities to discuss the matter. The meeting was adjourned by Mayor Smoak at 9:10 P. M. Claude E. Smoak, Jr. Mayor i„� Dolores W. Carroll, City Clerk TO: City Council FROM: CIty Manager SUBJECT: Cemetery Cremorials DATE: September 12, 1975 At the. January 28, 1975 meeting we submitted a proposal for cemetery cremorials. Attached is a copy of the proposal and the meeting minutes. In making arrangements to start this project, we updated the cost information to find increased casts requiring additional Council consideration. Jan. 1975 Sept.l975 12 unit hank complete with border, inscribed scrolls and cannisters $ 1061.00 $ 1344.00 Concrete base and labor 100.00 100.00 Total $ T16T oo $ ^f47P—.Do Cost per Module 97.00 121.00 12 Module bank installation 1161.00 1444.00 20' x 20' area (15 banks) 17415.00 21660.00 Revenue - 180 Modules 180 0 $125 22500.00 22500.00 Installation costs 17415.00 21660.00 Difference to Cemetery Fund $ 5085.00 $ 840.00 Due to increased costs, the difference to the cemetery fund had decreased from $5085.00 to $849.00. By increasing the revenue/module from $125.00 to $150.00, the amount to the fund would be increased from $840.00 to $5,340.00. It is recommended that we proceed immediately with the purchase of the 12 unit Module bank and increase the purchase price from $125.00 to $150.00. Attachment cc: City Clerk w/attachment Agenda 9/16/75 Controller w/attachment Director, Community Services kot CITY OP 01J."11 ON'T MRYor CLATIDN I;. X40AR Jr. COUNCILPlBN RE: Requont for audience bofor R.E'.. O MALT flouncil. D.P. TIL, GEDURN C.13. JOE,(; C.A. BYRD GLADYS E.. JONU i OCIIROEDEM CIIARLT-C3 W. JONli;:i Gentlemen: !le request an au.dionce befo.r the city council to anf;perminnion to build a small dock and boathouse on city property. Said city property is loonted on the c;xot nhore of lake Winona on Lakc Shore Drive, behind the recently inotal.lod city nownfo relay pump(?).. This area fronts our home and nropnrty at 625 Lalto Shore Drive.. Whon we purchanod thin home :tnd propurty in the forties there was. a dock located. rtt thin point. It has over -the yairs rotted and boon torn down,, however several of the old pi'Ungs are still evident talus some old concrete which was part of the walkway to the annir, _ Permission to build the dock and. boathouso will enhance the area and will Provide a safe place for C.B.Jones to pass some of hen idle time, fish some etc.. Due to poor health as moat- of you aro aware He is unable to enjoy much else now.. Should we be granted permission to build said dock and boathouse we in return will keep up the area around the relay station;doelc area, and the rest of the property fronting omr home on .lake Winona - Also as fox as premisia liability is concerned, this can and will be covered under our Homeowners policy relieving the Cith of such liability as mi.Eht arise. Your consideration of thi:, request will and in greatly appreciated. RESPECTIVELY �RF :4FIVF-[) J U L M 1975 TOWN 01: MINNEOLA Minneola, 1110 lda September 16, 1975 Mayor and Council Members City of Clermont Clermont, I7lorida 32711 Re: Town of Minneola dispatch service. Dear Mayor and Council Members: Pursuant to the work session meeting held on Thursday, September 12, 1975, portaining to the above -referencd sugject, we, the undersigned e Mayor and Council Members. of the Town of Minneola do hereby for- mally request that the City of Clermont consider negotiating and executing a contract for the purpose of providing dispatch service to the Town of Minneola. More specifically, the services requested are as follows: a. Twenty-four hour dispatch service for all Town or -- - Minneola police and fire calls. b. Recording and logging service for all incoming and outgoing police and fire calls. C. Jail facilities for housing of prisoners incarcerated by the Town of Minneola. During the course of our discussion of the evening of September 12, 1975, it was tentatively suggested that the City of Clermont might be willing to provide the services specified above for a cost to the Town of Minneola of approximately $10,000.00 to $12,000.00 per year, or approximately $1,000.00 a month, plus an additional $8.00 per day for any Minneola prisoners which might be housed in the Clermont jail facility. After further consideration and cost an- alysis, the Town Council of the Town of Minneola would suggest a - contract figure of $6,000.00 per year for complete dispatch service, plus the above -specified figure of $8.00 per day for the housing of prisoners. In addition to the actual cost figures to be set forth in the pro- posed agreement, we would also request that the agreement contain some provision for a method by which the contract price might be determined for any subsequent years, as well as a definite procedure Mayor/Council Mombors City of Clermont, 1:11', Ito: Minncola dispatch service Sept. 16, 1975 Pie 2. for termination of the agreement by either municipality and some procedure for the handling of complaints or problems which might arise as regards the implementation or operation of the mutual dispatch service. Our Council has determined that we are definitely interested in pursuing a negotiated agreement to encompass the services speci- fied hereinabove and would welcome an opportunity to discuss the situation further or discuss the actual terms of the agreement further should your Council feel so inclined. Yours very truly, TOWN OF MINNGOLA Council en er council em er 0 C,Pllncil Membef Council Member C until Member llovrm %NU 11mm) ATT9YI019- •T M01 I WK4Tnnl Y: I-1w IDYINH 111,n11PIt1NT. 611,1/111DA 11LITH n,nuu Y. t Xov,ll 1YUx�xU 11 x.11lll. .X September 16, 1975 MCMArNEW33M Mr. Robert M. Hopkins City Manngor, City of Clermont 1 Westgate Plnan Drive Clermont, Florida 32711. RE: CLRRMONT-1dINNEOLA POLICE DEPARTMENTS Dear Mr. Hopkins: As requested by the City Council at the work meeting held on September 11, 1975, I have researched the law regarding cooperative efforts between Clermont and Missoula Police Departments. Additionally, I have met with Mr. Bill Stone, City Attorney for Minneola and discussed the matter with him. With regard to the City of Minneola using the City of Clermont's dispatching ser- vices, I can find no legal problems. This could be accomplished quite easily with a contractual agreement between Clermont and Minneola. Consolidation of the police departments poses a more difficult problem. I have enclosed a copy of the State of Florida Attorney General's Opinion regarding con- solidation of police departments. My research leads me to the same conclusion as that reached by the Attorney General's office. It appears that the procedure to be followed is: a. Referendum approval by voters of both municipalities. b. Dissolve the Minneola Police Department. C. Contractual arrangements between Clermont and Minneola regarding police power functions. r There is also a procedure which calls for a board composed of police chiefs from both cities governing both police departments. In this procedure, the integrity of both departments is maintained and each department has authority in both cities. A referendum and contract are required in this procedure also. 'I Very truly yours, A LEONARD H. BAIRD, JR. City Attorney Enclosure rn, RECEIVED �1 I �� 1)1;1'At1TM1:N'r 0V LiioAt, A1110AIRS Qrrlci: oP •fill, ATTOIINBY UMNI'MAI, AU0 26 W4 ICI c>i�rUM� riim CAPITOL IA" CU"11, 141`111NIIARY, nonenr L,:au;VIN TAI.I.AIIAtihIM, 1+r.outuA nunua Atiol-Y 01-MINI R� August 1, 1974 O V ,yo F 07A-220 Honorable David K. Deitrich Q� City Attorney �j The Island Bank Building i� Post Office Box 1632 Holmes Beach, Florida 33509 Re: MUNICIPALITIES --consolidation of municipal police forces. 5163.0.1, F.S.; Art. VIII, §A, Fla. Const. Dear Mr. Deitrich: I have your letter in which you pose substantially the follow- ing question: ASSUMING THAT ONLY THE RESPECTIVE LAWS OF EACH MUNICIPALITY WILL BE ENFORCED THEREIN, MAY TWO ADJOINING MUNICIPALITIES CREATE A CONSOLIDATED POLICE DEPARTMENT TO BE SUB- JECT TO THE SUPERVISION AND CONTROL OF AN ADMINISTRATIVE ENTITY, UNDER EITHER ARTICLE VIII, SECTION 4, FLORIDA CONSTITUTION (1968), OR THE INTERLOCAL AGREEMENT ACT OF 1969, SECTION 163.01, FLORIDA STATUTES? The interlocal Agreement Act, §163.01, F.S., authorizes munici- palities to exercise jointly through an interlocal agreement ,.any power, privilege, or authority which such agencies share in common and which each might exercise separately." It pro- vides also that the interlocal agreement "may provide for a separate legal or administrative entity to administer or exe- cute the agreement which may be a commission, board, or coun- cil constituted pursuant to the agreement." But it also con- tains this caveat: ;I fi 11onorabl.o David K. Doit•ri.ch 074-220 page Two "This section in intended to authorize the entry into contracto for the per- formance of service function:; of public agencies, but shall not he deemed to authorize the delegation of the consti- tutional or statutory dutio.; of state, county, or city officers." S163.01(15), F.S. It is a well -settled rule that, absent �;pecific statutory author- ity, "city ordinances must not constitute an improper, delegation of legislative, executive, or administrative power." Blitch v. City of Ocala, 195 So. 406 (Fla. 1948). And even the Legislature cannot authorize the delegation of essential governmental powers to one not commissioned as an officer. See Florida Dry Cleaning and Laundry Bd. v. Economy Cash & Carry Cleaners, 197 So. 550, 556 (Fla. 1940), holding that the Board could not lawfully delegate to its Chief Supervisor the power to adopt rules and regulations for the conduct of the hearings of the Board. Accord: Blitch v. Buchanan, 131 So. 151 (Fla. 1930); and Dade County v. State, 116 72, 76 (Fla. 1928). In the Dade County case the court e:aid that "[t]he Constitution does not contemplate that essential governmen- tal power or authority may be exercised by a corporate agency whose members are not duly commissioned officers; . . . . The exercise of the law enforcement and arrest powers are clearly essential governmental powers of the city. See Curry v. Hammond, 16 So.2d 523, 524 (Fla. 1944), in which it was said that "[i]t can hardly be questioned that a patrolman on a city police force is clothed with sovereign power of the city while discharging his duty. In that event his status is that of an officer. . Accord: State v. Martens, 193 So. 835 (Fla. 1940), stating that "no right is more sacred or more jealously guarded than the one that liberty shall not be infringed except by due process of law." And it seems clear that such an interlocal agreement could not validly create an administrative commission, board or council, composed of persons who were not duly -commissioned officers of the cities, to administer on behalf of the two municipalities -- and independently of each --their law enforcement powers and du- ties. Cf. Section 23.124 (3) (b) , F.S., of the Florida Mutual Aid Act, requiring a sheriff to be designated as the regional "law enforcement coordinator" to carry out coordinated law en- forcement plans and mutual aid when coordinated state and local law enforcement activity is necessary to protect the public peace and safety and preserve the lives and property of the people of this state in certain emergencies and disasters designated in that law. 11onorable navid K. Deitr.ich 074-220 Page '1'hron And even assuming that the consolidated police force would be supervised and directed by an administrative board composed of the police chiefs of each city, I have been unable to conceive of any way in which such a coordinated police force could he administered without contravening the provision of the statute, 5163.01(15), supra, respecting the delegation of the constitu- tional or statutory duties of city officers. I have consider- able doubt, therefore, that such a consolidated police fore should be attempted under the InL•er.loca.l Agreement Act, §1'3.01, supra. However, under §4, Art. VIII, Fla. Const., an function or power of a county, municipality or special district "may be transferred to or contracted to be erformed by another county, municipality or special cT str cL, aster approval by vote of the electors of the transferor and approval by vote of the electors of the: trans- feree, . ." (e.s.) You state in your letter that you plan to obtain the approval of the electorate of both cities before en- gaging in a consolidated law enforcement operation; and it would seem that, under this constitutional authority, with electorate approval, each city could contract with the other for the perform- ance of law enforcement duties by its police officers in tie other .city, under the general supervision of a board composed of the chiefs of police of each city. Under such a plan, the integrity of the police forces of each city would be maintained; and as the policemen of one city would be enforcing the laws of the other city under contractual authority express authorized by the con- stitution, no charge of unlawful delegation of authority could be made. Such a plan would also enable the police force of one city to con- tinue to participate in that city's police pension plan and would preserve the right of the city to participate in the distribution of the tax fund established in §§185.07, 185.08 and 185.09, F.S. Your question is answered accordingly. S U M M A R Y : I It is doubtful that two cities could enter into an interlocal agreement under §163.01, F.S., providing for a consolidated police department under the supervision and control E Honorable David K. Doitrich Pace Four of an administrative entity .independent of dither city. However, under §4, Art, VIII, Fla. Const., the cities could, with the approval of the electorate of each city, contract for the performance of: law onforce- ment duties by the police force of one city in the other city, under the joint supervi- sion and control of tho police chiefs; of each city. Sin�ceer lly ItYI141 L. SI 3 IN ATTORNEY GENERAL Prepared By: Rebecca Bowles Hawkins Assistant Attorney General RLS/RBH/sf 074-220 Mu +t I Wool Qoln morn ■ clurmnnl, flnndn 8:711 n Phonn; (004) 39-1,3141 September 17, 1975 Louise Skipper City Clerk Town of Minneola Minneola, Florida 32755 Dear Mrs. Skipper: At their meeting last evening the City Council considered further the request of the Town of Minneola regarding dispatcher and jail service. The City Council agreed to developing an agreement which would include the following provisions. City of Clermont 1. Provide 24 hour per day, 7 days a week dispatching service for Police and Fire Departments 2. Maintain separate radio log for Minneola with copy furnished to Minneola monthly. 3. Complete Minneola complaints on Minneola complaint report forms. -� 4. Registration checks on traffic violators will not be made. 5. Minneola prisoners will be processed and housed in the Clermont jail. This does not include prisoners held for immigration authorities and other agencies without specific approval of the Clermont Chief of Police. I City of Minneola__ 1. Pay to the City of Clermont $833.33 per month, payable by the tenth of the following month, for dispatching service. 2. Pay to the City of Clermont $8.00 per day, or any part thereof, per prisoner held in the Clermont jail, payable by the tenth of the following month. j. 3. Install the 394-3060 telephone line in the Clermont Police Department. 4. Provide Minneola complaint forms in sufficient quantities. 5. Change crystal in Minneola mobile unit to accommodate Clermont radio frequency. FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY is Pago 2 Soptomber 17, 1975 G. Install manual fire siren activator in Clermont Police Department. Upon receiving a fire call, the dispatcher will sound the alarm and notify the Minneola fire Chief and the Minneola duty police officer. General Provisions This agreement related to dispatching and jail services only. in no way will the field services of the two departments be affected. Each department will continue to patrol and respond to calls within its respective jurisdiction, unless assistance is specifically requested. Communications between the dispatcher and either jurisdiction is privileged. Neither jurisdiction will engage in any dissemination of information regarding the other jurisdiction's activities. ly, Ro6er M. Hop it OZ City Manager RMH/md cc: Clermont City Council Clermont Chief of Police City Attorney 12 M7S 416 WEST MAIN SU..f 1AKE w /'�//�/��/ TAVARES, FLORIDA 32778 U ,I Phone: 904/343.5152, Ext. 56 or 57 department of planning "'' ;eptembcr. 11, 1975 Mr. Robert Hopkins, City Manager. 702 West Montrose Street Clermont, flor.ida 32711 Dear Mr. Hopkins: The Local Government Comprehensive Planning Act of 1975 requires that each county establish a Technical Advisory Conuitt-ee. According to :section 16 of the Act, the function of the Technical Advisory Committee is to coordinate technical elements of Lhe Ccmprehens.i.vo Plan, and to advise the local planning agency and the local governing bodies w.ithi.n the county on the technical elements of the Plan. In order to conform with the Act, each unit of government should appoint one person to this Committee. Since there is a certain amount of confusion concerning the Act, and a need to determine how the cities are going to meet this Act, the Lake. County Planning Department is suggesting that this Committee be estab- lished as soon as possible. At the present time, we are trying to establish approximate costs to several municipalities to update and expand their existing plans to meet the 1975 Act. In order that the planning activities within Lake County at this stage are coordinated, the Board of County Commissioners has approved the Planning Department contacting the cities and trying to establish a Technical Advisory Committee. In order to meet the Act, an Intergovernmental Coordination Element must be prepared, showing how the various cities, special districts, and county have cooperated among themselves and other counties in the preparation of the Plan. The Act also requires that the Committee be appointed on the basis of their "professional or technical background"; however, exactly what this phrase means has not been determined by the attorney general's office. Therefore, my suggestion is to appoint who- ever will be the person responsible for planning activities in your community, whether it be a city commissioner, planning commissioner, or employee, and not be overly concerned about background. If we can be of assistance, or if you need more information, please contact us as soon as possible. We would hope that we would get the name of your representative this month so a meeting can be set up in October. Sincerely, l• n 1c, Michaell. Willett Director of Planning board of county come —MCWT.. RTIF--- -- — -- — - — Dhniai Oru Dh,dal Two Dldrlct rare. James R. Cnrson, Jr. C. A. "lax" Deems I J. M. Hosklnson Dl,trin Four DI Wd Fl. Thomas J. Windram I Glann C. Burhans PREPARIID BY •rill! FAS'r CENTRAL FLORIDA RYGIONAI, PLANNING COUNCIL 1,ocn1 Government Comprehensive Planning Act of 1975 Chapter 75-257 - Ilouse Hill 782 - Principal Elements Sec. Requires all municipals and counties to prepare and adopt a municipalities comprehensive plan by 1, 1979. Sec. 4 (4 if the municipality doesn't comply, the county's plan will govern. Sec, 4 (A) Each local government must designate a land planning agency by .luly 1 1976, the same succession would take place as stated above in the case of non compliance. Sec. 5 Provides for jointly exercising the powers and responsibilities of the law between combinations of local governments. Sec. 7 Establishes the required elements of the comprehensive plan the elements are: 1. Puture land use plan 2. Traffic circulation 3• General sewer water solid waste 4. Conservation element S. Recreation and open space element G. Housing Element 7. A coastal zone element g, Intergovernmental Coordination Element (over) In addition, units of local government over 50,000 nutst also have: a. A mass transit element b. An aviation element All tho elemonts must be based on data appropriate to the clem.nt. The comprehonsive plan must define the unlying economic assumptions and proposed funding sources for capital improvement programs required in the plan. Soc. N Requires public participation in the preparation of the plan, dissemination of information and public hearings. Sec. D Establishes the intergovernmental review process and specifies the time limits for review comments. Sec. 12 Confers legal status on the plan - requires all development, nuhlic and Zlivotc to be in conformance and all regulations for the implementation of the plan to be in conformance. Sec. 13 Allows existing comprehensive plans to continue with the same status as previously until all the requirements of this act are met. Sec. 14 Requires implementation of the plan through adoption of regulations, ordinances, etc. CITY MANAGER' RF.POR'f 9 September, 1975 FINAL INSPECTION - TREATMENT PLANT At 9 A. M., September 10, 1975, Mr. Cornell Seymour of EPA in Atlanta will conduct the final inspection on the treatment plant. Representatives of the City, the consulting engineers and the Florida Department of Environmental Regulation will be present. LIGHT TIMER - TENNIS COURT We have investigated the possibility of installing a timer at the tennis courts to automatically shut off the lights at 11 P.M. We have received two estimates: Madden Electric $ 375.00 *Pike - Groveland 369.00 *Installed timer in Groveland We plan to have Madden do the work. The work will be done toward the end of the month. CONTROLLER Members of the Council have a memo regarding the employment of F. Wallace DeDier as Controller. Council approval of the recommendation is requested. CITY HALL SIGN When City Hall moved to its present location, the existing roof sign on the building was repainted to identify City Hall. Since that time we have evaluated the sign and now feel that the large sign is not in keeping with the image we are trying to project as well as inconsistent with our sign regulations. Therefore, we desire to remove the sign and install a more conservative identification. Konsler Steel has agreed to remove the sign for an amount not to exceed $125.00. Council concurrence is requested. ll R. M. o ins a I Wu41 01i1u Run • Clonnon6 Florldn 32711 ■ Phoiw (004) 004,3141 TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: CARROLL STREET CLOSING DA'1'f:. SBPTEMBER 2, 1975 At the meeting on April 4, 1975 the City Council agreed to close a portion of Carroll Street between West Lake Drive and the west boundary lino of Government Lot B. (Soo attached excerpt of Minutes) The closing was subject to providing a survey showing exact location of existing sanitary sower facilities. We have received a survey by Ban Blackburn, Land Surveyor. According to the survey, there are no existing sower faci- lities within the portion of the street to be closed. In view of this, it is recommended that the City Attorney be instructed to prepare the necessary ordinance to perma- nently close and abandon the street. It is further recommended that the city retain a thirty (30) foot wide easoment, fifteen (15) fact either side of the center line. R. M. HOPKINS /attachment cc: City Clerk w/attachment Agenda 9/9/75 City Attorney w/attachment TO: CITY COUNCII. FROM: City Manager SUBJBCT: Mr. Trent Busch 0ATU; September A, 1975 Mr. Trent Busch of 1112 Grand Highway applied for, and received, a building permit (00225 dated March 22, 1974) to remodel his present residence to accomodato a two car garage and a one bedroom apartment. Periodic inspections during the first year of the permit indicated little ovi- denee of progress. On April A, 1975 Mr. Busch was advised that Permit It 0225 had expired as per Section 1O6.3 of the Southern Standard Building Code. Ile was also advised that the Code provides for a ninety (90) day extension if requested in writing. On April loth we received the request and an extension was granted. On August loth, 120 days later, the project showed little additional progress. Mr. Busch was at home at the time of the inspection on August loth. Mr. Busch advised that more time was necessary for completion and that arrange- ments had been made with sub -contractors to complete the project by the end of August. In a letter dated August 21, 1975 to the City Attorney, the Building Official sought assistance to expedite completion. The end of August has come and gone and the project is only about thirty (30) per cent complete. To add to the problem, the neighbors are getting impatient and are continually complaining about the unfinished, un- sightly condition of the property. R. M. Hopkins cc: City Clerk Agenda Item 9/9/75 Building Official TO: City Council FROM: City Manager SUBJECT: Controller DATE: September 9, 1975 Following John Fleming's resignation as Controller, we advertised for a replacement in the Florida Municipal Record, the South Lake Press, the Leesburg Commercial, the Orlando Sentinel, and the Tampa Tribune. We received 23 applications. All of the applications were reviewed by a Committee of John Fleming, John Greenlee and John Blanchard. The purpose of the committee was to review the applications and recommend the top three candidates to the City Manager for interview. Three candidates were recommended. Attached are the resumes of the three. All three were contacted and the dispostion and final recommendation is as follows: Larry Artz - Contacted by telephone. Was not interested. Was considering two similar positions in South Florida with $16,000 per year salaries David Greif - Interviewed Mr. Greif. Was an impressive young man with a recent degree and exposure to governmental accounting as a staff auditor with an accounting fi@m in Tampa. Mr.- --------- Greif required an annual salary of $12,000. F. Wallace DeDier - Interviewed. Mr. DeDier does not have a degree, but has three years of college majoring in Accounting. He has extensive practical training, 6 years of which was as City Administrator and Finance Officer of Tavares. Mr. DeDier was interviewed by John Fleming. He was considered "well qualified" for the position by Mr. Fleming. The salary offered is acceptable and he is available for immediate employment. Section 14 of the Charter provides that the Controller shall be appointed by the City Manager with such appointment subject to approval by a majority vote of the Council. It is recommended that F. Wallace DeDier be employed as Controller. A personal appearance before the Council by Mr. DeDier can be arranged if considered necessary. 4nT s_ _