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