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06-17-1975 Supporting DocumentsMINUTES N9 1156 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, June 17, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak„ Jr. with the following members present: Councilmen Oswalt, Blackburn, Schroedel, and Byrd. Other officials present were: City Ilanager Hopkins, City Attorney Baird, City Clerk Carroll, City Controller Fleming, Director of Community Services Smythe, and Building Official Nagel. Others present were: Mesdames Oswalt, Sheldon, Ms. Nancy Crissinger, and Messrs. Willett, Czech, Crowson, VandorMeer, Brown, Dougheery, and Ritchie. The Invocation was given by Mr. Smythe, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held on June 10, 1975 were amended as follows: With regards the inquiry made b,y Tom K. Dougherty as to Council actions on Variance request, for Smoak offered,and Council was in ac�r�eeme�nt that he reply to Mr. Dougherty_ The Minutes w ere ten appro� as amended City Manager Hopkins reported as follows: That he would respectfully request that a meeting be scheduled as soon as possible to start budget considerations, and, That in meeting this date with a representative of EPA from Atlanta regarding the status of the city's pending 92-500 Grant Application, though the application, through the Florida Department of Pollution Control had been certified to EPA for funding, he was now advised there were a number of items which had not been satisfied to EPA's satisfaction, and submitted a listing of thirteen items. He further advised that each of these items had been addressed by either himself or the engineer representing the city, but apparently had not been acceptable, and he inquired of Council if it be their desire to proceed further with the application. Mr. Hopkins reminded Council that a final funding in the amount of $35,000 from the original sanitary sewer construction grant for the treatment facility and the collection system was still being withheld. A condition of the original application and grant offer was that the existing facility prove to meet designed criteria, such as the stipulation that if any degradation occur to the marsh then the city would have to take whatever steps were necessary to correct the matter, and until such time as a solution is found for the existing problem, however it might be defined, the final funding would be withheld. Mayor Smoak inquired of Mr. Hopkins if he knew what was necessary for the city to do in order to get the remaining funding released, and Mr. Hopkins replied that, quite frankly, he did not, that it appeared three different agencies had to be satisfied (The Environmental Protection Agency, The State Department of Pollution Control, and The Lake County Department of Polution Control) and he didn't know what it would take to satisfy them. It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager Hopkins proceed with E.P.A., particularly in view of the initial grant, find out exactly what will satisfy the requirements to release the $35,000 being withheld, and solicit whatever help the city needs from the agencies involved. It was also consensus of Council that no further action be taken regarding the second grant application until receipt of documented requirements from the E.P.A. City Attorney Baird reported as follows: That he was ready to proceed with foreclosure measures against properties on which the sanitary sewer assessment payments had not been made; That he had just received the necessary information on the lot mowing delinquent accounts and would start proceedings for collection of those, and, That he had been notified of a civil action suit for possible wrongful death action in the Wallace Smith death having been filed against the city. Councilman Schroedel reminded Council of the meeting at 5:00 P. M. on Wednesday, June 18th to tour the new addition of Cooper Memorial Library. MINUTE'S N4 1157 REGULAR MEETING Ms. Crissinger and Mr. Willett of the Lake County planning Department were present to discuss the proposed Lake County Comprehensive Land Use Plan as prepared by their department and the King Helie Planning Group, and to encourage appointment of a committee from Clermont to work with them in order that the city's view- points on the matter might be considered. Inasmuch as there were only two members of the Planning and Zoning Board Commission present, it was decided that discussion of this matter be postponed until the regular meeting of the P & Z Commission to be held on July 1, 1975, and, inasmuch as the proposed plan shall also be of mutual interest to the citizens of Minneola, that officials of Minneola be invited to attend the meeting and participate in the discussion. Mr. Dave Crowson of Dawkins & Associates, Inc. appeared before Council to briefly bring them uptodate on the Seminole well construction, and to answer any questions which they might have regarding projects in the city with which his firm is concerned. Mr. Crowson advised there was no further progress to report on the Seminole well since his last report due to repeated cave-ins in a weak strata at the 475 foot level, but following conferences between the engineers and the contractor it had been decided to install a 12" casing at that point in order to absolve the problem and then proceed with sinking of the well. He further reported that though this project is behind schedule at this point, the contractor is aware of the deadline date of November 8th and feels optimistic about the project being completed by that time. Mayor Smoak inquired as to the status of the sanitary sewer construction project for Minnehaha Estates. Mr. Crowson advised that the plans and specifications had been completed for quite some time, but in order to refrain from using a bid contract figure for bond validation purposes, which, if challenged, could mean costly time delays, they were biding time at the present in order to stay in phase with the Attorneys and their preparation for bond validation. It was their recommendation, and they were hopeful, that an updated estimated cost of the project by the engineers would be acceptable to FHA for bond validation purposes. Mayor Smoak inquired of an approximate construction timetable for the sanitary sewer system in Minnehaha Estates and Mr. Crowson advised about nine months. Following Council action on May 20, 1975 wherein they proposed rezoning of the R1A property annexed to the city in 1972 reserving a strip 300 feet -in width along Highway 27 to be zoned C-2 and the remainder to be zoned M1, it was determined after viewing a map drawn to scale that the Ml area would be very limited. In view of this and also the need for a plat showing location of existing businesses in this area, the matter was tabled and City Manager Hopkins requested to obtain such a plat. With regards desired investments of the city employees pension fund monies, motion was made by Councilman Byrd seconded by Councilman Blackburn and unanimous __-..�M,++ a ti„ n,. Ruccall Fnaler. oension plan With regards the proposal for requiring adjacent property owners to maintain parkway trees, as discussed in the meeting of May 20th, motion was made by Counc Schroedel and carried that Section 11-22 of the Code of Ordinances not be amender to include tree maintenance. Mayor Smoak voted Naye, on passage of the motion. Inasmuch as the existing section of the zoning ordinance regarding what types of structures should or should not be allowed in yard areas, setback areas, etc. was not clearly defined, the matter was considered by the p & Z Commission and certain changes were recommended by them. Council was in agreement with the proposed changes whereupon motion was made by Councilman Oswalt seconded by +ha+ +ha nrnnnsed changes as recomm blf the r & L Luun111—lull 11 w...... ....- _- prepare ----. the necessary amendino ordinance. Mayor Smoak reported tat almost all of the applicants requesting variances to the zoning ordinance had advised that they were uninformed as to the various ordinance requirements, whereupon he requested that City Manager.Hopkins work up a recommendation to Council to include in every building permit a'copy of the particular zone and all the applicable zoning r MINUTES N91.1$ REGULAR MEETING regulations and building regulations commensurate with that zone at the time the permit is picked up. With regards possible changes to the existing Occupational License ordinance in order to update it and conform with recently passed state legislation, it was consensus that City Manager Hopkins and City Attorney Baird obtain information recommendationufor���changesents rtoothetordinanceas efordCouncilastors, consideration. With regards City Manager Hopkins report of recent inquiries made by a convenience store manager and a man contemplating opening a billiard hall to sell alcoholic beverages on Sundays, and his interpretation of the existing ordinance regulating the hours of sale of alcoholic beverages that virtually any type of food dispensing operation licensed by the Hotel and Restaurant Commission would be allowed to sell alcoholic beverages on Sunday, he inquired of Council if this be their intent and/or desire. Considerable discussion followed regarding the matter and it was finally consensus of Council that the restriction in the existing ordinance allowing only those holding alcoholic beverage licenses that provide meals to sell on Sunday was discriminatory to other legitimate license holders that did not serve meals, and thereupon motion was made by Councilman Blackburn and seconded by Councilman _ . o a .. ad tie o ,a�+er1 to nreoare the necessary ame natty natty g for providing meals in order to sell on zounudya. �, �•• -- -•• assa a of the motion, the result was: Ayes: Blackburn, Schroedel, Oswa t and Smoak Total Ayes: Four. Naves• Byrd. The motion carried. Counct man Byr desired it be a matter of record that he was not to agreement with consensus of Council, and was not in favor of any establishment being allowed to sell alcoholic beverages on Sunday. With regards recommendation of City Manager Hopkins that a new contract with Odom Tank Company of Marianna, Florida be executed for the maintenance of the city s tooter tanks, motion was made by Councilman Oswalt seconded by Councilman Blackburn +ha contract for a one year perioa dL d c w L UI a, With regards request by Bonard Pitts, institutional representative in Boy Scout Troop3 for use of the Jenkins Auditorium every Saturday beginning June 21st from 1:00 P. M. to 4:00 P. M. to sponsor a film program for the area youths during the summer, motion was made by Councilman Blackburn seconded by Councilman Oswalt _ a +h —i fee for use The meeting was adjourned by Mayor Smoak at 10;20 P. M. CLAUDE E. SMOAK, J Mayor Dolores W. Carroll, City rye k !'ltiy 10. 197B Leonard H. Baird. Jr. City Attorney + P. 0. Box PAS Clermont. Florida 52711 Re: Hater Tank Maintenance Dear 11r.' BaIrd:" In 18G3 )the City contracto4 01th Odom Tank Comaany for maintenance .and periodic painting o? our.ttp elevated grater tanks. iho contract was for a Lelvai year period at a cost of $1905.50 per year. Trio contract expires in'August of this year. Attached is a standard maintenance contract used by Odom. Basically. it calls for automptic roncmal,from year to year. It further provides for on initial price of $1905.50 per year with further price adjust- ;�, „ ennts.based on tho Consmor,Pr4ce Index. ` Please'rmviesr the 'contract. 'Cdn the City enter into an "autorztic reneraal7 contract under our charter? Your assistance, %iiII be appreciated. sincerely. Rebart M. Hopkins City 143na0er Atta0zent cc: utility Superintendent bc: R.''M Hopkins ;j, 11ovin AlVtlD 1I.�Itltlt> nncvu nr. n, nr Lnw i wrnrnni ,: rl n(n unwt• II I.1'J II Al11YT. VIA/11111.1 (IY TII May 2..0, 1975 Mr. Robert 1.1. 11opkins City Manager, City of Clermont 1 Wentgnte Plaza Drive Clermont, Florida 32711 RE: WATER TANK MAINTENANCE Dear Mr. Hopkins: I am in receipt of your letter of May 19, 1975, regarding the proposed contract with Odom Tank Company concerning maintenance of the water tanks. Article V, Section 32 (a) (7) of the Charter requires written competitive bids for contracts in excess of $2,500.00. The proposed contract price is $1,905.50 for a one-year period and therefore does not require written competitive bids..."Automa- tic" renewal of the contract is acceptable so long as the contract price does not exceed $2,500.00 for a one-year period. As soon as the contract price is adjusted to a figure exceeding $2,500.00, the con- tract should be terminated and the usual procedure of competitive bids should be used. The contract provides for notice to the City of any adjustments in the price on or before January 15 of each year, with the adjustment effective the following year. This would allow plenty of time to terminate the contract and obtain bids. ver (ly yours, .. LEONARD H. BAIRD, JR. LHB/hmb 12 ,n�.Jcl ODOM TANK COMPANY, Inc. ranninrNA, rLonioA . Annual Maintonance Contract ? Cs GMltv Odom Tank Company, Inc„ of Marianna, Florida, hereinafter described as the Con.kc" tractor, in consideration of the oum of *w.. 1,905., 5.0....., n �.--- •�....O..... :( m" to b'e paid it annually at Marianna, Florida, by, ,{ ; °c Cit of Clermont x................., hin the City of Clermont, State of.Floricla..., a corporation hereinafter de- scribed t rs l t he ssuance ofthiscontract, receipt which Is hereby acknowledged, and $1a905n.50.iDollars � ) a)'P Y g , _ on the first da of.. Ianuar of each calendar year hereafter, or upon receipt of t y y........... Y P P ( •��y�' invoice following completion of each year's service, whichever is prior, during the life > t•' of this contract, and such other sums as may be due according to the terms of this con- tract, and subject to the conditions and to the extent hereinafter set forth, agrees to :( r' perform for the Owner the maintenance of the .50..M..Gal... and--100 M••GaL.- water tank and tower or standpipe, p pe, and its connection with said tank. located at _C '•' _-_.. 4'1 Clermont.......... ---------------- ----- ------- This contract shall be deemed as effective r� ? for one year only, but automatically renewed from year to year without further notice (�'. unless written notice of the definite termination of this contract Is sent to the con- tractor at Marianna, Florida, by registered mail ten (10) days prior to the annual an- C+ i� niversary date of this contract. ��7r• � `—JS Odom Tank Company, Inc., shall be responsible only (1) for repairs made neces- �m sary through ordinary wear and (2) for defects in material or workmanship furnished .. r by Odom Tank Company, Inc., in connection with said tank, tower or standpipe. WITNESSETH, The execution hereof by the parties hereto this ........ day of ................. 19--- ---. City of ----- --- ---- --'------------------ - State of ..................... .... - ---------- ATTEST: ---------------- -------------------------- ......... --- By ------......................... ---- City Clerk Mayor — ------- ----- ------------ -------- --------------------------- FIRST PARTY I '` ------------------------------ ------------- ------------------- OM TANK CO AN �. ------------------------------------- ------------------------_ B ��<�. Board of Trustees or Water Committee SECOND PARTY �� I. Annual mtihmtonnace ri tt,s')ij;e cangnlle([ upon the basin of averalfu prlcen for mOtorhdu, lit) r and expenhe In tho Ihdtod Slalen an of January In, j.:J./D.,"In ncc•orahutcu with the L•onriunerri Price Indox pmblkla-d by the Unit I Stales lfepo,tinent of letbor. Anunnl maintenance rites title and 1,ayablo under thin rmitraot tiro hnhjerl lu ad)w Anent from tuna to time In uccorchmru with ill(!folluwhu• 4,uupla: Utlnit the Cnunumern, Price Index as dclet•ndurd by ills Wilted Staten Department of Labor its of January le, Y�. /.a...., till the base, maintenance rates due laid payahle under Ibis call.tract are to be re-exnminod annually all January 1st wnnlf the Index figure on Ilia ,receding •lure :loth and tiro to be lowered or Incrensud 10 put, cent In proportion to each 10 per cent vorintlon In the Index of commodity prices from the base all defined herein. Decronuen ar Increases its ills tmnlntenancu ralen ahtill be made only in rnuliiplos of lu per cent of the base price provided for In the contract. Notice of decreisl-s or Inerensee In nnnutil mahueunnce roles as required tinder than provision of the contract shall be forwarded to the Owner not later that January 15th of each year, and ahnll be effective to adjust the contract price an of the next ittcceedinll ❑ntivcrsary lade of the rontrnrt. SERVICE — INTERIOR 2. To annually clean the Interior of the water limit or slandlilpe and remove all debris. 3. To annually Inspect carefully the interior of the water lank m• standpipe to dolermilm fill needed repairs. .t. To annually make all necessary repairs, redrlving of loose rivets, enulking of welding of tiny and till ]oaks. 0. To annually remove tiny nccumuluteet rust till([ corrosion on the Interior of the water look or atnndplpo, and wherever the Interior surface of tine all is exposed to the action of till- wate to restore the inu•rior toning to a serv- iceable and protective condition. 0. To do nil necessary filling of pits and rebuilding of corroded rivet heads by electric or acetylene welding, or tiny other recognized method as may be needed. SERVICE — EXTERIOR 7. To annually Inspect carefully the entire exterior of the water tank, tower or Anndpipe to determine all needed repairs. g. To annually make all necessary exterior repairs, and wherever such repairs are made or wherever stains or discoloration appear to apply n protective covering of good quality paint. 0. To carefully apply a complete new covering of good quality paint every fifth year or oftener It needed, to pre- serve the structure. 10. To make any emergency repairs accessary during the Interval between annual clean -outs and inspections with- out additional cost to the owner. EMERGENCY SERVICE (a) Emergency repairs are defined atl those repairs made necessary by leak or damage to the tonic or any of Its parts through ordinary wear and defects in material or workmanship furnished by the Contractor In connection with the tnnk. Emergency service covers the following types of situations, except as hereinafter limited: (1) Leaks in tank or expansion joint. (2) Structural failures due to negligent performance of maintenance work. EXCLUSIONS 11. The Contractor shall not be responsible for Damages claimed to have resulted from Interruption of water service or from use of special equipment to maintain water service, while services required of the Contractor under this contract shall be In process of performance; and Property damage or personal liability claims resulting from the use of said structure, except those caused by agents of the Contractor while engaged In repair or maintenance work on said structure; or For any repairs made necessary through damage to said tank or tower or standpipe caused by acts of God or resulting from accident, fire, windstorm, lightning, hail, cyclone, tornado, extended coverage, willful tort or collision or any cause whatsoever. By the interruption of water supply due to freeze -ups or damage to the tank by freezing, or By accidents or acts of third parties or employees of the owner of the tank, Expense of replacement of riser pipe, expansion joint, frost case, wood root or any wood portion of the struc- ture when said items have deteriorated to a condition where they cannot be longer maintained in operating condition; or For repairs to any lighting system that may be required on the structure covered by this contract. Any repairs to the structure made necessary through or by the use of electrolytic or cathodic methods for control of corrosion, unless responsibility for use of such methods of control Is specifically accepted in writing by the Contractor. For servicing riser that is Inside a frost jacket. For servicing an expansion joint where there is no removable collar at top of frost jacket, or where there Is no catwalk from leg of tower to and around riser just under saucer of lank. For repair or replacement of any steam heat pipes, or any other heating device or equipment installed in or on the tank or tower structure. For any repairs or painting to tank or tower, or property damage caused by owner not Installing cleanout, overflow or downspouting to the ground. For any repairs or maintenance of water level Indicators or other devices to show quantity or quality of water. f GENERA/. CONDITIONS 12. The Contractor agrees to furnish at Its own expense all material, labor find equip menl necessary In the repair and mnintennneo of the nines work, except that e Owner fit its expense agrees to lure) sh electric current and water required to perform thth is contract. 13, This contract ahnll be deemed at effective for one year only, but automatically renewed from year to year without further notice, unless written notice of the definite termination of this contract Is sent to the Contractor tut Marianna, Florida, by registered mail ten (10) days prior to the annual anniversary (Into of this contract. 14. The Contractor nilrees to provide nt its own expense worinnen's compensation, public linbility and property damage Insurance In the performance of the service called for herein, but at no other time, and fin required by the laws of the state In which this contract Is In force 15. When painting Is to be performed on the exterior of the structure, the Owner shall by approprinle signs and street restrictions and barricades eliminate traffic In the vicinity of the structure being pointed as required by the - Contractor during the period of performance of said work. 10. Access to took or standpipe to permit the performance of maintenance wurlt required of the Contractor by this contract shall be provided at all times by the Owner upon not less than twelve hours or more than twenty-four hours notice to the Owner at the time when the work Is to be performed; but should it be impossible, in the opinion of the Owner, to allow the tonic to be drained ut the time the annual clean out. Inspection or emergency repairs ore scheduled to be made, and delay or return trip Is necessary n charge of forty-five and no/tan Dollars ($43.00) shall be made by the Contractor to the Owner which shall be paid In addition to the annual maintenance fee. 17. In event the Contractor Is prevented from performing the annual maintenance work as required under this contract becousc of war conditions, strikes or riots, the Contractor may, at its option, perform the required worst In a subsequent year and sold delay in performance of the work shall not operate to relieve the Owner from payment of the annual maintenance fee so long as the Contractor maintains standby service for the performance of emergency repairs on the structures covered by this agreement. 10. The Contractor will, wherever freeze -ups occur, furnish service for thawing tanks and repairing damage to tanks as a result of freeze -ups, or due to other causes not assumed under the maintenance contract, but such work will be furnished to the Owner at the Owner's request and at the extra cost for moving a crew from the capital of the state In which the tonic In located and return, at Forty-five cents (45c) per road mile plus the necessary materiels and sup- : plies at cost and labor at the rate per man-hour for each hour worked after arriving on the Job, then being charged — - - --- others by the Contractor for similar work. 10. This contract, together with the application attached hereto, embraces the entire contract between the parties. hereto, and no oral agreements, representations or warranties heretofore or hereafter made shall be binding upon either party to the contract unless In writing and signed by both parties and attached to this contract. 20. This contract shall, at the option of the Contractor, be declared void and terminated If tiny repairs or alters- tlons are made upon the tank covered by this contract, without its knowledge and ❑proval, or If pnyments called for herein are not made when due. 21. This maintenance contract Is issued upon the attached application of the Owner, wherein said Owner agrees to snake the necessary repairs upon Its tank and tower or standpipe to qualify the same for this maintenance contract, and this contract shall be of no force and effect and no liability for performance under this contract sholl attach to the Contractor until said repairs have been made, or a contract signed for said repairs, all to the satisfaction of the Contractor. 22. The Contractor does not now or hereafter assume responsibility for the soundness of the foundations tinder the structure nor for any damage whatsoever caused from unsound foundations, or foundations not properly leveled and maintained. 23. The Contractor does not now or hereafter assume responsibility for the soundness of that portion of the steel legs and plates which encase, support or contain fill materials (concrete•, concrete slurry, cinders or foreign objects) on base of lower legs which support the structure, or for any damage whatsoever caused from unsound conditions created by owner not having fill materials (concrete, concrete slurry, cinders or foreign objects) removed and steel surfaces main - tainted. 24. Payment In full shall have been tendered to contractor prior to issuance of this contract for all qualification work required to place structure In first class condition, and receipt of same shall have been forwarded to owner. 25. The Contractor does not now or hereafter assume responsibility for repairs or maintenance to tower legs or other portion of the tank structure where the steel or portion of the structure Is scaled or constructed in such a way as to make It Impossible or impractical to maintain that portion of the structure by the application of paint or similar preventive coatings. For omorgoncy service —get all Information concerning work nooded, than write or phone our General Offices at Marianna, Florida TO: City Council FROM: City Manager SUBJECT: Alcoholic Beverages BATE: June 11, 1975 Section 3-4 of the Code of Ordinances regulates the hours of sale of alcoholic beverages. Section 3-4 reads as follows: No alcoholic or intoxicating beverages may be sold, consumed, or served, or permitted to be sold, consumed or served in any establishment holding a license under the state beverage department of Florida between the hours of 2:00 a. m. and 7:00 a.m. Monday Morning unless such establishment is a licensed restaurant serving meals, then said establishment may serve, sell or permit the consumption between the hours of 12:00 noon Sunday and 2:00 a.m. Monday provided meals are available for purchase and consumption on the premises. According to the ordinance, Sunday sales are keyed to "licensed restaurant serving meals". Since early 1974 when Section 3-4 was last amended, we have had difficulty with interpreting "licensed restaurant serving meals".- - We need a clarification of "licensed restaurant" and "meals". Section 509.241 of the Florida Statutes defines a Public Food Service Establishment or Restaurant. It is under this definition that the Hotel and Restaurant Commission issues licenses. A copy of the definition is attached. We have had two recent inquiries regarding Sunday sales. One was from a convenience store manager, the other was from a man contemplating opening a billiard hall. It is my opinion that virtually any type of food dispensing operation licensed by the Hotel and Restaurant Commission can sell alcoholic beverages on Sunday under our ordinance. If this is not the desire of the Council, then the ordinance should be amended or in some way clarified. Attachment cc: City Clerk w/attachment - Agenda 6/17/75 City Attorney w/attachment FI,ORIDA 111 TE1, & I (MVIIA LIRA PIT COMMISSION STATUTES ')09. 2141. (2) Public Food :Service Entablirihmnntal Definition; (a) Every building, vehicle, or other structure of similar purpose, or any rooms or divisions in a building, vehicle, or other structure of similar purpose, or any Place whatsoever, that is maintained and operated as a Place where food is prepared, served or sold for consumption on or in the vicinity of the premises is defined as, and shall be licensed as a public food service establishment. This shall specifically include establishments preparing food to be called for or taken out by customers, to be delivered to factories, construction camps, airlines and other similar locations for consumption at any place. Any refer- ence to a restaurant ir, the laws of Florida shall be construed to mean a pub:Lic food service establishment as herein defined unless a different intent is clearly evident. TO: City Council FRO14: City Manager sum :C'C: Yard Requiroments DATE: June 4, 1975 At their meeting on June 3, 1975 the Planning and Zoning Commission reviewed proposed changes to the zoning ordinance regarding yard requirements. The Commission recommends the following ch(urges: Definitions YARD: Present -'An open space at grade between a huildinq and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the grouna upward. In measuring a yard, the minimum horizontal distance between the lot line and the principal building shall be used. Proposed- A required open space at grade between a building line and the adjoining lot line, unoccupied and unobstructed by any portion of a structure from the ground upward. Flag poles, clothes lines, bird houses, and other yard accessories and ornaments may be permitted in any yard if they do not constitute substantial impediment to vision or to free flow of light and air across the yard. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective lot lines. This shall not apply to fences, walls and retaining walls. FRONT YARD J Present - An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot except where used as a paved parking area. Proposed - A required open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the front building line and the front of the lot projected to the side lines of the lot except where used as a paved parking area. City Council Page 2 June 4, 1975 SIDE YARD: Present - An open, unoccupied space on the same with a principal building,locatod between the side of the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard Proposed - A required open, unoccupied space on the same lot with a principal building located between the side building line and the side of the lot extending from the front building line to the rear building line except where used as a paved parking area when abutting a street or alley. REAR YARD: Present - An open space on the same lot with a principal building, unoccupied except by a permitted accessory building, or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building projected to the side lines of the lot. Proposed - A required open space on the same lot with a principal building, unoccupied except by a permitted accessory use building, or use, extending the full width of the lot and located between the rear line of the lot and the rear building line projected to the side lines of the lot. SECTION 26-66 . SWIMMING POOL REGULATIONS Present - No swimming pool shall be so located, designed, operated, or maintained as to interfere with the rights of the adjoining property. Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect light away from the adjoining premises Swimming pools shall be located back of the front building line. The minimum side and rear yard setbacks shall be equal to the minimum side yard requirements for the zone. Residential swimming pools shall be enclosed by a fence or wall at least four (4) feet in Height. Residential shall mean single family and duplex dwellings. PROPOSED - Add Patios No swimming pool or patio shall be so located, designed, operated, or maintained as to interfere with the rights of the adjoining property. Lights used to illuminate any swimming pool or patio shall be so arranged and shadowed as to reflect light away from the adjoining premises. The minimum side and rear yard setbacks shall be equal to the minimum side yard requirements for �fl,L city Comic I Page Throe June 4, 197G zonr.. Swimming pools and patios shall be located back of the front building line. Residential swimming pools shall be enclosed by a fence or wall at least four (h) feet in height. Residential shall mean single family and duplex dwellings ns ki t4. H FI ki ns cc: City Clerk. These recommendations will be an agenda item on June 17th. Building Official .hme G, 1975 RECEIVEDAIN 9 1975 Mr. Robert Hopkins City Manager O1 Went Cato Plaza Clermont, Fi, 72711 Dsar Bob: The purpose of this letter is to respond to your inquiry about whether I would " ..recommend any changes no a result of changing market conditionn?" In brief my ❑nnwer is "N0," and I stress thin for a very important rencon. "Guidelines" (Statement of Investment Authorizntion)•are for long-term policy -- they should not be changed Uccause of changing market conditions. The greatest mistakes in portfolio management occur as a result of continually "switching" from one policy to another. The guidelines have been written with flexible ranges within which your trustee can use his discretion based on market conditions. As indicated within my November 15, 1974, letter under section (b), however, the City Council may want to make specific authorizations for the trustee within the guideline ranges. For example, since short-term interest rates have dropped, you might suggest that the amount in short- term securities and savings accounts be held near the low end of the 0 - 20% range set in the guidelines. However, rather than making such --- an authorization yourselfs, I suggest having your trustee appear before you. Simply request that he present the present portfolio, the bank's portfolio policy given the present market conditions, and his reaction to any specific authorizations which you are considering. The bank is in a neighboring town, and I feel sure that he would be glad to stop by. This procedure generally fosters mutual understanding and confidence. Regarding the specific recommendations such as section (d) of my letter about selling the NCNB Bonds and the Norton Simon Preferred Stock, I still feel that these are sound suggestions and should be implemented when, and if, long term interest rates decline further. I suggest that you provide your trustee with a copy of both my letter and the recommended guidelines before he appears before you. Finally, I think it would be appropriate for me to review your present portfolio as it compares to the guidelines, if any new additions have been made during the last year. This might be done before a meeting with your trustee. Also, I will review the Fireman's and Policemen's Funds at the same time. Mr. Robert• Ilopklnn June 6, 1975 Page Z Again, I want of stress that the above decisions should be made within the flexibility of the guldell.nen, and that tltc guldelinen should be considered na long -Corm policy, not to be modified by market conditions. Please either write or call me if you have any questions or need any assistance. Also, I will be happy to come clown at your request, possibly for a meeting on the name clay an your trustec'n report. Sincerely, 11. Russell Pogler, Ph.D. HRP/sl 1.032 N.W. 94Lh Street Gainesville, Florida 32601 November 15, 19799 Mr. Robert M. Hopkins City Manager City of Clermont 1 West Gate Plaza Clermont, Florida 32711 Dear Bob: I am happy that you and the City Council have accepted me as a consultant. As an initial task, I have drawn up the tentative set of guidelines which you requested. During your consideration of the guidelines, the following specific points should be kept in mind: (a) The purpose of guidelines is to set appropriate ranges for different t g- ypes of investments for ton term olic . These guidelines should be changed very infrequently, although the City Council might make specific authorizations for a given year (example: keep 20% in short-term securities until the prime rate drops below 10% and either the Consumer or Wholesale Price Indexes drop for two consecutive months); (b) The percentage ranges proposed in the guidelines have been developed because of the low liquidity needs of Clermont's General Employee Fund; if were to rise drasticallyin pension payments (contributions, dividends, and ointerest), n to theh inflows erntag range for common stock should be lowered, howeperCethise will not occur within the next several years; (c) It is recommended that Preferred Stocks be avoided; preferred stocks pay a divident yield generally slightly higher than the yield on medium -quality bonds; however, during difficult times, if this dividend is dropped, little is available in terms of legal recourse; for example, Avco chose to pass its preferred dividend during the recent liquidity crisis; if income and safety are desired, bonds should be purchased instead; if a REGEPEO NOV 2 1 1974 Mr. Robert; M. Hopkins November. 15, 1974 Page Two more risky posture is desired, common stock is appropriate; a preferred stock has the worst features of both --no appreciation potential and risk of no fixed incomo--with only a slight offset in yield; (d) Changes in portfolio composition to achieve the new guidelines should be achieved via now contributions not sales of present holdings; two exceptions to this are the NCNB Bonds which have inadequate call protection and the Norton Simon Preferred Stock; these two issues should be sold when market conditions improve, but not now; (e) These guidelines are for the General Employees' Fund, not for the Firemen and Policemen Funds; presently the small size of these latter funds suggest that invest- ments in Treasury Bills and savings accounts is rea- sonable; as they become slightly larger, we can explore the possibility of first moving to several no -load -mutual funds, and then to a set of guidelines similar to the General Fund; (f) The above guidelines were established assuming that cash contributions will be made at regular planned intervals; this requirement allows the trustee to accumulate funds for periods of market decline; further, it insures periodic review of pension contributions by the City Council. I have taken the trouble to list the above considerations because they are an integral part of the guidelines. I hope that you will attach these comments to your file on the Guidelines so that future Council members may be aware of these thoughts. Again, I am glad to be working for Clermont, and I look forward to hearing from you after the Council has read the enclosed draft. Sinc 7ly, H. Russell Fogler, Ph.D. Statement of Investment Authorization The following rules provide investment guidelines for the legal trustee of the City of Clermont's General Employee Retirement Fund. The rules contain certain limits which the trustee must not violate. Within these limits, the trustee is allowed discretionary authority, unless otherwise authorized by the City of Clermont. Savings Accounts and Short-term Securities. The total funds invested in Saving Accounts and Short-term (two year maturity or lass) Securities should be between 0% and 20% of the total market value of the portfolio. Not more than 10% of the total portfolio should be in savings accounts. These savings accounts should be in the financial institution offering the highest yield on passbook savings and insurance by the federal government. The actual percentage should vary in a way to allow security purchases during periods of market decline. Short-term securities could include either Treasury Bills and/or purchase of a no-load short-term money mutual fund managed by any of the ten largest national investment firms. Because of the size of the Clermont fund, inadequate diversification would occur if individual purchases of bank certificates of deposit or commercial paper were undertaken, and thus these should not be directly invested in. Fixed Income Securities. Fixed Income Securities (Bonds) should be between 25% and 35% of the total market value of the portfolio and; (a) rated "A" or higher by both Moody's and Standard and Poor Is; (b) have adequate protection against being called if interest rates drop; (c) maturities will be evenly staggered over a range up to twenty-five year maturity; (d) new purchases should be in the longest maturity (twenty- five years) after an initial evenly staggered portfolio has been developed; (e) be well diversified between industrial, utility, and financial issues. i 1 CJonunon f1L•ookn I Common aL•ocks uhould be bo twoon 50% and 70% of the total market value of t:ho portfolio; Lhey uhould be bought for above average appreciation and long-term inflation protocL•ion. Also, the following portfolio policy should be fol..I.awcd: (a) at least M of the common stocks should be in well - established companion with a dividend history of at least the last eight consecutive years and sales of at least $300 million; (b) not more than .102 of the companies should be of a risk I class such as are often called "emerging growth stocks" or "small growth companies" and such investment should j be made only in companies with sales over $100 million. ; (c) all stocks in both of the above categories should be listed on the New York Stock I3schango; (d) Lhe 902 in well-establ..ished companies should maintain an j approximate composition of 50% high quality growth and 40% high quality -low price/earnings ratio industrials. The word "low" is relative to the average market price - earnings ratio and should be interpreted as ratios below I or within two points of the price/earnings ratio of the I. Standard and Poor's Average; naturally, this limit can be violated as a result of individual stock price movements, but not as a result of purchases; (e) between 15 and 25 stocks should be in the portfolio, with not more than 10% of the common stock portfolio invested in any one stock; (f) at least 15 different industries should be represented, with no single industry comprising more than 10% of the common stock portfolio; (g) buy -and -sell turnover should not exceed 20% ever, and should be below 5% on the average. Preferred Stock Preferred stocks should not be purchased. Memo to r, Moot ing wG/17/76 2�lIi��P�M fPA Atlanl:a The following iCmns most ho satisfied prior to grant approval 1, Site - Must irlentif,y site and detornilne soil capabilities 2, Public Ilearinq - Must hold hearing regarding projoct with at least 30 clays notice in paper. Copy of legal ad to EPA. 3. NPDES - Send applicable correspondence to EPA 4. Environmental Assessment - Develop statement of Environmental Assessment consistent with requirements of the National Environmental Policy Act of 1969 5. A 95 - Send applicable correspondence. to EPA G, Resources - Send statement of legal, financial and managerial resources to EPA 7. Industrial User Charge - Submit state standard form B. Payments - Develop schedule of payments (Draws) from EPA 9. Project Costs - Additional information is necessary regarding Preliminary expense $4000 and other architectural engineering fees $28,000. 10. Industry Cost Recovery - Statement regarding cost recovery or statement that no industry qualifies (See No. 7 above) 11. Disposal process - Statement regarding alternatives 1) High rate 2) Low Rate 3) Deep Well 12. Access Statement - Provide access statement in engineering or sub contractor agreements that EPA and the state will have access to the project records, etc. 13. Sludge - Statement regarding sludge handling Note: 1. Step 2 - City provides "front money". I -PA will reimburse at 75% 2. Consider joint spray -field with Groveland 3. Keep EPA advised of Council Action TO: City Council FROM: City Manager SUBJECT: Film Program DATE: June 12, 1975 Attached is a letter from Bonard F. Pitts requesting use of Jenkins Auditorium each Saturday beginning June 21, 1975 from 1 P.M. to h P.M. The auditorium is free at that time and no conflict exists. Auditorium policy provides free use of the building for youth activities when no admission is charged. Since an admission fee (donation) will be charged, a waiver of the rental will require Council action. (r� R.4M.i'ns Attachment cc: City Clerk w/attachment Agenda 6/17/75 City Attorney w/attachment I' 1 � � 7 CLERMONT HIGH SCHOOL 301 East Avonuo Minnnnt, rlorldo 32711 Tolephono 904/304.2109 Juno 11, 1975 "HIGHLANDERS" Mr. Bob Smythe, Fire Chief City Hall - Westgate Plaza Clermont, Florida 32711 Door Mr. Smythe Since the summer program has boon limited in ochool-sponsored activities, I have looked for other worthwhile activities that would be beneficial to the community. I serve as Institutional Representative in Boy Scout Troop 3. Naturally, all scouts are interested in Sumner Activities. We have available a number of entertainment and enrichment films and request use of Jenkins Auditorium or Highlander Hut every Saturday from 1s00 to 4:00 P. M., beginning June 21, depending on availability, our first choice being Jenkins Auditorium. Ono drawback we have is that we have no 16 MM sound projector available on a continuin;; basis. I am requesting you acquire a projector through Civil Defense. We have permission to use school projectors to begin the program. I will be responsible for their care and use. Since Scouts will be responsible to set up, clear and clean the area after movies admission will be free to Scouts, with a 250 (twenty five cent donation requested to everyone else to cover costs of returning films, projector bulbs, and/or repair equipment. pith the beginning of another school term, this program might be continued by the Distributive Education Club of Clermont High School, which I sponsor, (D E C A). We will appreciate any help you, the city, and the community may offer to make this program a success. Sincerely, Bonard F. Pitts INSTITUTIONAL REPRESENTATIVE, TROOP 3, BOY SCOUTS OF AMERICA TEACHER/COORDINATOR, THE ORLANDO SENTINEL DISTRIBUTIVE EDUCATION, C. H. S. CC: TdE SOUTH LAKE PRESS IdR. LOFGREN, PRINCIPAL, C.H.S. )ilrl of Jlorl)folll 0 1 Wau1 Cntu Plnm ■ Clarmnnl, Hnndu J2711 ■ Phonn. (004) 3$1.71,11 June 18, 1975 Mr. Bonard F. Pitts Institutional Representative Troop 3, Boy Scouts of America 813 Center Lane Clermont, Florida 32711 Re: Fi1m!Grogram Dear Mr. Pitts: At their meeting last evening, the City Council considered your request for use of Jenkins Auditorium every Saturday from 1 P.M. to 4 P. M., beginning June 21 for your film program. This is to advise that your request was granted. The rental fee for the auditorium was waived for your program. We will need to review the program toward the end of the summer in order to determine if the auditorium can be made available each Saturday during the fall, winter and spring months when the auditorium is in greater demand. Best wishes for a successful program. rely4Hoifns ert 1, City Manager RMH/n1d cc: Bob Smythe Ella Mae Sheldon Dave Lofgren Sentinel South Lake Press FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY