04-25-2000 Regular Meeting CITY OF CLERMONT
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REGULAR COUNCIL MEETING
APRIL 25, 2000
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, April 25,
2000 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville
with the following Council Members present: Council Member Mullins, Council Member
Lamb, Council Member Biddle and Council Member MacLauchlin. Other City officials present
were City Manager Saunders, City A/torney Guthrie, Finance Director Van Zile, Planning
Director Brown, and Deputy City Clerk Maddox.
INVOCATION
The Invocation was offered by Council Member Mullins followed by the repeating of the
Pledge of Allegiance to the Flag by all present.
MINUTES
A motion was made by Council Member MacLauchlin, seconded bY Council
Member Mullins, and carried unanimousl_¥ to approve the minutes qf the regular
Council Meeting held April 11, 2000.
CITY MANAGER SAUNDERS' REPORT
City Manager Saunders stated that he met with Fred Fox, the consultant for the City's CDBD
Grant that we'applying for to get for the downtown improvements. Mr. Saunders stated one of
the items required by the grant that will give us several points, is the schematic design for the
streetscape project as well as a cost estimate, which the Council selected Haman & Associates
to provide. Mr. Saunders a~ked the Council to review Haman & Associates' Streetscape
Project Proposed Scope of Services and Fees and stated that Haman & Associates has
indicated that they can get that work accomplished in time for our May 30, 2000 deadline for
the grant application. Mr. Saunders stated that the fee quoted for the scope of services listed is
$16,500.00 which falls within the acceptable range for the schematic and the cost estimate and
CITY OF CLERMONT
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he needs Council's approval in order for work to be done in time for the grant application
deadline.
Council Member Biddle stated this block grant is for $600,000.00 and would go a long way in
improving downtown. Mr. Biddle stated the Downtown Clermont Partnership has taken a lead
on this in the past two years, including raising money and getting the streetscape plan
developed. Mr. Biddle stated he met with City Manager Saunders and Fred Fox and it looks as
if Clermont may have a good chance for this grant if we can get the work out on time.
A motion was made bY Council Member Biddle, seconded by Council
Member Mullins, and carried unanimously to approve Hartman &
Associates Streetscape Project Proposed Scope Of Services and Fees in the
amount of $16,500. 00.
CDC)-
City Manager Saunders reminded the Council of the Workshop scheduled for 6:00 p.m. on
Monday, May 1, 2000, at the Police Department.
CITY ATTORNEY GUTHRIE
No report.
FINANCE DIRECTOR VAN ZILE
No report.
COUNCIL MEMBER BIDDLE
No report.
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COUNCIL MEMBER MULLINS
No report.
COUNCIL MEMBER MACLAUCHLIN
No report.
COUNCIL MEMBER LAMB
Council Member Lamb stated she received many calls from Kings Ridge residents complaining
about the amount of sand.
City Manager Saunders stated that he had also received several calls and he has talked with the
developer and they are trying to get their irrigation on that site to try and keep the sand down,
and they are also moving ahead with their grassing quickly.
MAYOR TURVILLE'S REPORT
Mayor Turville stated that there is approximately 2000 acres burning near Groveland and with
the wind blowing the way it is we will have smoke. Mayor Turville stated he received a
telephone call from a resident of Kings Ridge regarding a garbage truck that is leaking
hydraulic fluid on the street and asked City Manager Saunders to follow up on that problem.
Mayor Turville stated that the Council Members received a letter from a business owner on.
Desoto Street requesting a handicap parking space.
Mr. Biddle stated after reviewing the area he feels that what is needed is a passenger loading
and unloading spot rather than a handicap parking space. City Manager Saunders stated he
would review the situation.
CONSENT AGENDA
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Mayor Turville stated the Consent Agenda includes four items and explained that an item can
be pulled from the Consent Agenda for discussion if there are any comments or questions.
Item No. 1-Surplus Equipment/Vehicles-City equipment and vehicles to be declared surplus for
auction
Item No. 2-Bid Award-Mowing storm water retention areas
A motion was made by Council Member Biddle, seconded bp Council
Member MacLauchlin, and carried unanimously to approve Items 1 and 2
listed on the Consent Agenda.
VISITORS WITH BUSINESS
Mayor Turville stated that the following issues require a Quasi-Judicial Hearing be held and
that anyone wishing to speak in favor of or in opposition to the request should be sworn in.
Resolution No. ll21-Magic Moments Learning Center, Inc.
Mayor Turville read Resolution No. 1121 by title only.
Planning Director Brown stated that the applicants are Magic Moments Learning Center
located at 865 West DeSoto Street at the comer of DeSoto and West Avenue. Mr.
Brown stated applicants are requesting the temporary use of the lower floor of the
Masonic Lodge, which is located adjacent to the east of Magic Moments, as an overflow
area for their summer schooler program for a three year period from May 19, 2000
through May 18, 2003. Mr. Brown said the space will primarily be used during the
summer but would be available for use during the holidays, rain days and teacher
workdays. Mr. Brown stated that a similar request to use the American Legion building
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was previously granted for a 3-year period, however this building is no longer available.
Mr. Brown stated that the schooler program is at capacity, the additional space is not
creating additional students there is no need for additional parking, the request is
consistent with the land use designations zoning and therefore Staff recommends
approval.
Mayor Turville opened the public hearing and City Clerk Van Zile swore in the
following:
Sam Allison, 885 West Desoto Street
Mr. Allison stated he would answer any questions on behalf of Magic Moments Learning
Center, Inc.
There were no questions or discussion and Mayor Turville closed the public hearing.
A motion was made bY Council Member Biddle, seconded bY Council
Member Mullins, and carried unanimously to adopt Resolution No. 1121
allowing temporal_ use o_f the lower_floor o_f the Masonic Lodge as an
overflow area_for a summer schooler program.
Resolution No. l122-The Church At South Lake
o7q
Mayor Turville read Resolution No. 1122 by Title only.
Planning Director Brown stated that applicant is requesting to amend an existing
Conditional Use Permit to allow the operation of a preschool-daycare center in
conjunction with a previously approved church use, located in the Clermont Commons
business park on the west side of Mohawk Road, north of Citrus Tower Boulevard. Mr.
Brown stated that the subject property is currently used as a church and the property to
the north, south and west is professional office and to the east is residential. Mr. Brown
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stated the requested use is consistent with similar uses in the area as the Montessori
Elementary School currently operates in an adjacent building and the church has an
agreement with the Montessori School to share the playground area. Mr. Brown stated
that the request is requested to be effective through February 28, 2002 and Staff
recommends approval.
Mayor Turville opened the public hearing and City Clerk Van Zile swore in the
following:
Brian Hammond, 14517 Wishing Well Way
Pastor Hammond offered to answer any questions pertaining to applicant's request.
A motion was made bp Council Member Mullins, seconded bp Council
Member Biddle, and carried unanimously to adopt Resolution No. 1122
amending a CUP to allow the operation ora preschool-da¥care center in
con/unction with a church.
Resolution No. l123-Wesley R. Kihlmire-Westminster Care Community
Mayor Turville stated that Staff has requested this be tabled until additional information
is obtained from applicant.
City Manager Saunders stated that the Planning and Zoning Commission did recommend
approval, however Staff does not feel the site plan submitted was as complete as the City
Council likes to see when considering a request and staff would like additional
information regarding the handling of parking.
A motion was made by Council Member Mullins, seconded by Council o 0 -
Member Biddle, and carried unanimously to tabled Resolution No. 1123 to ,.. O~l
the May 9, 2000 council meeting (time certain).
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Resolution No. l124-Immo Clermont, Inc.
Mayor Turville read Resolution No. 1124 by title only.
Planning Director Brown stated that the applicant, Brossier Company, is requesting to
amend the legal description of an existing Conditional Use Permit for a movie theater
including two out parcels slated for restaurant uses, located north of State Road 50 and
west of Oakley Seaver Drive. Mr. Brown stated that the residential developer to the west
does not have any opportunity to have signage on Oakley Seaver Drive much less
Highway 50 and therefore the applicant is making this request so that property owner
will have enough property to meet code and have some signage on Oakley Seaver Drive.
Mr. Brown reviewed additional conditions the City would require of the applicant and
stated that Staff recommends approval with those conditions and revisions.
Mayor Turville opened the public hearing and City Clerk Van Zile swore in the
following:
Bob Reese, 952 Moss Lane, Winter Park
Mr. Reese stated he would be available to answer any questions the Council may have
and stated that the applicants have no problem with the revisions and conditions required
by the City. Mr. Reese stated this is a very small area of property that will allow the
residential developer an area to place a small sign to direct people to the residential area.
Mayor Turville asked the size of the piece of property applicant sold to the adjacent
property owner for their sign and Mr. Reese stated it was 10 feet wide and 38 feet wide
at the comer and meets the setback requirements for the signage and stated that they are
not the owners of that property any longer which is why they need to amend their legal
description.
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Council Member Lamb stated her concern at developers selling offpieces of property so
that other people can have signs.
Mr. Reese stated that Don Casto, who the applicants bought the property from, told him
that the small piece should not have been sold to the applicants to begin with and should
have been sold to the residential property owner so that he would have enough space for
a sign.
City Manager Saunders stated that it creates a very odd shaped parcel for the residential
developer to the west and they have found a "loop hole" to permit this sign as an on-site
sign. Mr. Saunders stated he and Mr. Brown have discussed this and there is nothing in
our code that prevents them from configuring their property in that manner. Mr.
Saunders stated the City is working on language to bring back to the Council for an
amendment that will prevent this situation in the future.
Mayor Turville stated he is encouraged that City Manager Saunders is reviewing the
language in the ordinance to insure that we can't circumvent the sign ordinance simply
by buying narrow strips of land around town.
City Attorney Guthrie agreed that the council had no grounds to not approve this request
but stated he was encouraged that language was being reviewed to amend the ordinance
so that the City can avoid a situation where someone could avoid our off-site sign
regulations.
A motion was made by Council Member Lamb, seconded bY Council
Member Mullins, and carried unanimously to adopt Resolution No. 1124
amending a legal description.
UNFINISHED BUSINESS
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Resolution No. ll20-Strategic Technologies, Inc.
Mayor Turville read Resolution No. 1120 by title only.
Mayor Turville reminded the Council that this Resolution was tabled at the last Council
Meeting at the request of Council Member Lamb in order to determine if language to
provide for public access channels could be included in the Agreement.
Council Member Lamb stated that the language has been included in the Agreement and
she had sent a copy to Jim Perry of the Daily Commercial and requested that Mr. Perry
get with her if he had any problems with the language.
A motion was made by Council Member Lamb, seconded by Council
Member MacLauchlin, and carried unanimously to adopt Resolution No.
1120 transferring the cable television franchise from STI to FSN Cable,
Inc.
Resolution No. l125-Jeffrey P. Rhoden
Mayor Turville read Resolution No. 1125 by title only.
City Manager Saunders stated that Staff is requesting this resolution be tabled to the May
9, 2000 City Council meeting (time certain), to give applicants time to provide additional
information regarding their site plan to support their request for a Conditional Use
Permit.
Planning Director Brown stated that the applicants were also going to requests variances
and they wanted those to be heard concurrently with the hearing for the CUP and all of
the information will be provided at the May 9, 2000 meeting.
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A motion was made by Council Member Biddle, seconded by Council
Member Mullins, and carried unanimously to table Resolution No. 1125
until the Map 9, 2000 Ci~_ Council meeting.
John E. and Gale Riley
Planning Director Brown stated that the applicants have requested that there variance
request be tabled until the May 23, 2000 City Council meeting to allow them to produce
additional information to the Council.
A motion was made by Council Member Biddle, seconded bY Council
Member MacLauchlin, and carried unanimously to table the variance
request of John and Gale Riley until the May 23, 2000 Ci~ Council
meeting.
Ordinance No. 395-M-Final Reading
Mayor Turville read Ordinance No. 395-M by title only.
Planning Director Brown stated this ordinance will amend the comprehensive plan recognizing
the prior annexation of the Kings Ridge DR_[. Mr. Brown stated that this amendment was
previously adopted by Council and submitted to DCA who approved of the content of the
amendment but wanted us to change the format of the adopting ordinance. Mr. Brown said the
Ordinance will now meet D CA's requirements and would request Council's approval.
Mayor Turville asked for public comment.
A motion was made by Council Member Lamb, seconded by Council
Member Mullins, and carried unanimous!¥ bY roll call vote, to approve
Ordinance No. 395-M amending the Comprehensive Plan recognizing the
prior annexation of the Kings Ridge DRI.
NEW BUSINESS
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Don M. Casto Organization
Planning Director Brown stated that he suggested that the applicant table this request
until the May 23, 2000 Council meeting, to give an opportunity to draft some
architectural design standards.
A motion was made bY Council Member Biddle, seconded bY Council
Member MacLauchlin, and carried unanimously to table the request ora
conditional use permit bY the Don M. Casto Organization until the May 23,
2000 (time certain) Ci_ty Council meeting.
First Friday Event-Downtown Clermont Partnership
Mayor Turville stated that the Council was given an Amended Agenda to include this
issue and he was concerned whether it was properly advertised.
City Manager stated that the agenda was amended to include this issue when it was
realized that there was not an additional meeting of the Council before the next First
Friday event. Mr. Saunders stated that the agenda was amended so that if the Council
did want to take action it could. Mr. Saunders stated that City Attorney Guthrie stated
that the Council might take action tonight if they desire or it can be tabled until the next
meeting if they wish.
Mayor Turville stated that he is concerned because the intent of the notification
requirement is to offer people an opportunity to know that the issue is being discussed
and he did not believe he could vote on the issue tonight because it has not been
advertised. Mayor Turville stated that rather than discussing what we are going to do in
the future as it relates to downtown, we should just address the next First Friday event.
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Council Member Mullins stated he agreed that the Council could address the long-term
issues at a future meeting but address the May First Friday event now.
A motion was made by Council Member Mullins, seconded bY Council
Member Biddle, and carried unanimously to table the issue o_fa long-term
guideline for the Downtown Clermont Partnership's First Friday Event
and will decide at this Council Meeting, a specific plan_for the May 5,
2000 First Friday event.
Mayor Turville stated that the issues to be decided tonight are the proposed road closure
from 5:00 p.m. to 9:00 p.m. on West Avenue from Desoto Street to Montrose Street, the
approval of live and/or recorded music and entertainment in the Central Business District
on municipal property and open-air sales.
Council Member Mullins stated he and his family had been attending First Friday events
for several years and it has been a great community gathering. Mr. Mullins stated they
can park and walk to the different places, they spent money downtown and have never
seen any problems. Council Member Mullins stated he felt that the block from Desoto
Street to Montrose Street should be closed. Mr. Mullins stated the downtown merchants
are putting on a 3 hour event and they should be able to approve the open-air sales, with
the City Manager's approval also, and that an event from 6:00 p.m. to 9:00 p.m. one
Friday a month, with outside vendors, a parade and music and entertainment should not
be a problem and is good for the community and the downtown. Mr. Mullins stated that
he lives near the 9th Grade Center and has noise from their games and PA system and for
10 Saturdays out of the year he puts up with it because this is his community part of
living in a town means sometimes you will have some noise. Council Member Mullins
stated feels the downtown merchants are working together and trying to put on a quality
event for the community that will benefit the community as well as the downtown
district. Mr. Mullins stated the event should continue as it has in the past. Council
Member Mullins stated that the First Friday event is a great place to meet your neighbors
in the community and relax and have a good time.
od>"'
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Mr. Mullins suggested that no cars be towed during the next event until decisions can be
made in the future regarding that issue.
Council Member Lamb stated she also enjoys the event however she is concerned that
there be rules in place to keep it a nice, safe, fun event and when possible would like to
keep everyone's feelings in mind. Ms. Lamb stated she received a letter from Ms.
Blanchard and feels the Council should explain to Ms. Blanchard what activities she can
expect to take place near her house. Ms. Lamb stated that the fire truck leading the car
parade at the last First Friday was parked in front of Ms. Blanchard's home for some
time with its lights flashing.
Council Member Mullins stated Ms. Blanchard could expect that one Friday a month
there will be cars parked on the street in front of her house for the car show.
Council Member MacLauchlin stated she agreed with Council Member Mullins that the
function was a wonderful one for the City and for the downtown and should be
encouraged. Ms. MacLauchlin stated that she agreed that the May 5, 2000 event should
be done as they historically have been done by the Partnership for the past few years.
Council Member Biddle stated that the Partnership was asking permission to have music
and entertainment on municipal property and that was the only issue. Mr. Biddle asked
if there was any conflict with him voting on this issue since it does not specifically
address whether he can have music on his private property but only deals with the
municipal property.
City Attorney Guthrie stated that the City Council should recognize that tonight the
Parmership is only asking approval for the closing of a street and what may be done on
municipal property and not addressing a special exception or land use approval, therefore
Council Biddle can vote on this as he will not benefit to any greater degree than any
other downtown business.
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Mr. Mullins stated he liked the idea of someone from the Police or Fire Departments
leading the parade.
City Manager Saunders stated that the City plans to have a police officer assigned to the
First Friday event all the time and that the fire personnel would be advised not to sit in
front of Ms. Blanchard's home with lights flashing for any length of time.
Mayor Turville asked if he was hearing the forming of a motion regarding this next First
Friday event saying that we close West Avenue from Desoto Street to Montrose Street,
agree to allow the Downtown Clermont Partnership to decide where there will be music
within the Central Business District on municipal property, we will not tow any cars and
we will see that either a fire truck or police car escorts the parade.
City Manager Saunders stated that Chief Story is planning on having the bike unit patrol
on the First Friday occasions.
Mayor Turville asked that the motion include that we will fill the closed street with cars
from the northern end towards the southern end of the street to avoid difficulties near the
residential area.
Council Member Lamb stated it sounded as if the Council was moving in a direction that
would not be so difficult for Ms. Blanchard.
Mayor Turville invited any citizens to comment on the approval of the May 5, 2000 First
Friday event.
Joe Janusiak stated that the fire tracks should have their lights on during the parade to
prevent accidents.
Rose Biddle stated that the fire truck at the last First Friday event was parked in front of
Ms. Blanchard's home for approximately 30 minutes however the lights were only on for
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about 5 minutes to let the cars know the parade was about to begin. Ms. Biddle stated
the Partnership members were going to talk with Fire Chief Bishop and see what it
would take to fix up the old fire truck so it could lead the parade. Ms. Biddle invited Ms.
Blanchard and her children to join the First Friday event and said there was free popcorn
and food for the children and many family activities that do not cost a lot of money.
Debbie Carlucchi stated that her business depends on the First Friday events and there
have been times when she would not have been able to make her mortgage payments if it
had not been from the business she got on the First Fridays and the week after the event.
Charlene Forth stated that she still has a big problem. Ms. Forth stated that the whole
street does not have to be closed off and that Ms. Blanchard should not have to put up
with cars in front of her home. Ms. Forth stated that the music and cars are loud and it is
a bunch of"crap" to say that this First Friday cannot function without those spaces being
closed in front of Ms. Blanchard's house.
Council Member Mullins stated that whenever he has attended a First Friday event the
parking spaces on West Avenue in front of Ms. Blanchard's home have been full, either
with motor homes, the classic cars or individuals' cars and the spaces will be used no
matter what. Mr. Mullins stated he felt that by allowing the antique cars it enhances the
show and makes it nice for everybody and an old motor home parked there does not help
anyone.
Ms. Forth stated the other vehicles do not upset anything but the classic cars are noisy.
Ms. Forth stated she and her husband have been supporting Ms. Blanchard through many
problems for the past few years and Ms. Blanchard does not need this problem. Ms.
Forth stated that her point is that the area in front of the Blanchard home is residential
and that the cars should be moved somewhere else. Ms. Forth stated that she has found
beer cans on the street and that music at the Mulberry Inn should not be allowed.
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Ms. Blanchard stated she supports the downtown but does not want cars or music near
her home as it disturbs her children and they cannot hear their television. Ms. Blanchard
stated several months ago she saw someone going to the bathroom behind a bush in her
yard and that she finds beer cans near her home. Ms. Blanchard stated her children have
problems and one has a learning disability and this noise is not good for them and that
they had the fight to object to having activities taking place in front of their home.
Council Member Biddle stated that each business is responsible for providing their own
entertainment for the event and he and Rose had contacted the drivers of the classic cars,
and fed them for free at the First Friday events. Mr. Biddle stated that if the classic cars
were at the Trailhead or some other area, it would not bring the people to the businesses
at their end of the street and that the whole purpose of the First Friday event was to bring
the citizens of Clermont downtown to support the downtown businesses. Mr. Biddle
stated they do not want to park the classic car show in an area that takes up the public's
parking or parking belonging to other merchants and their customers. Mr. Biddle read
excerpts from a letter from Mr. Forth wherein Mr. Forth declared he harbored no ill
feelings for the antique car owners as a whole and feels that they are just innocent pawns
in the Biddle's personal territorial battle to encroach on the R-3 district. Mr. Biddle
stated that although the Partnership Members just re-elected Rose Biddle as their
President, he wanted to inform the Parmership members that Mr. and Mrs. Forth think
they are pawns. Mr. Biddle stated that the fact is the classic car show brings people
down to the 13 businesses that are located on that end of town and they need something
down there to insure they will not go out of business. Mr. Biddle stated also that the
music always stops between 9:00 p.m. and 9:30 p.m. and that he has never sold beer in
cans at the Mulberry Inn since it opened.
Mary Jackson from the Chamber of Commerce stated that she is the logistical planner for
many of Clermont's events, including Light Up Clermont. Ms. Jackson stated that the
car show is well attended by children and families and for safety reasons West Avenue
should be closed from Desoto to Montrose or someone will get hurt. Ms. Jackson stated
that there is no such thing as a "permanent solution" regarding a special event and
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although the Council can have a "long-term" plan, there will always be changes. Ms.
Jackson stated that the Downtown Partnership could assist in obtaining all of the licenses
and insurance information from vendors and make certain they are working within the
City's guidelines.
Council Member Lamb asked if there was any problem with putting up cones in the 2
parking spaces in front of Ms. Blanchard's house so no one can park there and there was
no objection by anyone to that idea.
Mayor Turville stated he will reiterate the parking part of the motion as he understands it
and stated that the entire street will be closed, the car show cars will be parked from the
north to the south, there will be cones put in the 2 parking spaces in front of Ms.
Blanchard's home.
Council Member Mullins asked if the City could loan a couple of cones to the
Downtown Partnership to place in the 2 parking spaces and City Manager Saunders
stated they would be provided.
A motion was made bY Council Member Mullins, seconded by Council Member
Biddle and carried unanimously to allow the Downtown Clermont Partnership to
continue their First Friday event on May 5, 2000 ir: the same manner they have
historically handled the event_for the past_four years, and that West Avenue_from
DeSoto Street to Montrose Street will be closed for the event,_from 5:00p. m. to
9:00p. m. with the classic car show cars parking_from the north to the south and
two orange cones being placed in the two parking spaces in_front o_f the
Blanchard home on West Avenue and allow live and recorded music and
entertainment on municipal property during the event and allow a parade with a
either a Fire Truck or Police Car escort.
Mayor Turville stated we now have a temporary arrangement to cover the May 5, 2000
First Friday event.
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CITIZENS' COMMENTS
Mayor Turville invited anyone who had a comment to come forward and there were no
comments.
There being no further business or discussion, the meeting adjourned at 10:00 p.m.
Attest
Harold S. Turville, Ir. Mayor
~~
CITY OF CLERMONT
Office of the Police Chief
To: Joe VanZile, Finance Director
From: Chief Randall Story
Date: April 13, 2000
Subj: Surplus property
The following item needs to be moved to surplus property:
One computer CPU manufactured by Atronics International.
As always,
Chief Randall Story
P.O. BOX 7 20567 CLERMONT, F~ORiDA 347 i 2-0567 PHONE: 352/394-5588
~ _ ~ „
TO: Wayne Saunders, City Manager
Joe Van Zile, Finance Director
FROM: Preston Davis, Public Service Director
SUBJECT: Surplus Equipment Request for Auction
DATE: April 5, 1999
Truck Number 5209
1986 Ford Ranger Pickup
ID # 1 FTBR10T6GUC35892
Tag # 61142
Truck Number 5218
1986 Toyota Pickup
ID # JT4RN50RXG0189156
Tag # 78911
Truck Number 4224
1977 Ford 800 Garwood Rearloader Garbage Truck
ID # N80FVAG7205
Tag # 42603
40 Horse Power Hydromatic Submersible
Sewage Lift Station Pump
Mode14L4000M4-4
Serial Number Unknown
40 Horsepower Hydromatic submersible
Sewage Lift Station Pump
Model 4L4000M4-4
Serial Number 21547