10-21-1975 Supporting DocumentsMFNum-'s hm 1196
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, October 21, 1976. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Oswalt, Byrd, Schroedel, and Blackburn. Other officials present were:
City Manager Hopkins, City Attorney Baird, City Clerk Carroll, City Finance Director
DeDier, Director of Community Services Smythe, and Chief of Police Tyndal. Others
present were: Mrs. Bobbi Dean and The Messrs. Czech, Hill, Mobley, Hillary, Sargent,
Beals, and Crowson.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular Meeting held September 23, 1975 and of the Special
Meeting held September 29, 1975 were approved as written.
Mayor Smoak announced the first order of business to be a Public Hearing to consider
the request of Frank Hillary for a Variance to Section 26-23 (E) (2) (R-3 ZONE -
SETBACKS) of the Zoning Ordinance in order to construct a carport on his property
described as: E 16.25' of Lot 27; W 35' of Lot 28 in Block 51 of Crestview Sub-
division. Mr. Hillary appeared before Council in support of his request, and had
previously submitted a letter of approval from his abutting property owner. Mr.
Hillary explained that in order to construct a carport at the end of an existing
paved driveway, it would be an encroachment of three feet on the side yard setback.
Upon inquiry by Mayor Smoak, there was no one present who voiced objection to
the request, whereupon motion was made by Councilman Byrd, seconded by Councilman
Schroedel and carried that the reauest be or5nted.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
the request of Willie Hill for a Variance to Article Vill, Section 26-45 (GENERAL
PROVISIONS -SIDE YARD ON CORNER LOT) of the Zoning Ordinance in order to construct
an addition to his residence located on Lot 15 in Block 6 of Woodlawn Replat Sub-
division. Mr. Hill appeared before Council in support of his request, and advised that
in order to construct an addition to the west side of his residence, being the only
logical side for an addition, it would be an encroachment on the required side yard
setback of three feet. Upon inquiry by Mayor Smoak, there was no one present who
voiced objection to the request, whereupon motion was made by Councilman Schroedel,
seconded by Councilman Oswalt and carried that the request be granted.
Mr. C. A. Mobley appeared before Council and requested permission to utilize the
remaining portion of the former A.M.E. church building at 477 Highway it 50, which
he had acquired, in order to restore/rebuild it for use as an office building, and
on which he had been refused a building permit to do so. Upon inquiry to City Manager
Hopkins as to background information of the matter, he advised that prior to
acquisition of the building by Mr. Mobley, and following a fire of the building, it
had been determined by the Fire Chief and the Building Official to be damaged in
excess of 50% and thereby not repairable; That subsequently it had been condemned
and was to be torn down. He further advised that use of the building as a church at
the time of the fire was non -conforming. City Attorney Baird advised the non -conforming
use would have been lost following the fire if the damage was in excess of 50%.
It was the contention of Mr. Mobley that the building had not been damaged to that
extent. Mr. Mobley was advised that this was not a matter for Council consideration,
that it would be necessary for him to follow a set procedure of making application
for an appeal to the Building Code Board of Appeals.
Mayor Smoak introduced and extended welcome to F. W. DeDier, the newly employed city
finance officer.
City Manager Hopkins advised Council of the recent death of M. J. Barnes, a member
of the city's Plumbing Board, and the need for a replacement to be named. City
Manager Hopkins was requested to submit a list of locally licensed plumbers for
Council's consideration.
M I N UTkSS N9 11.97
City Finance Director DeDior reported to Council that the annual audit of the city's
books was in progress, and hopefully, would be completed within a sixty day period,
Ile further reported that the city's cash flow had been good, and that the cash
carry over had been invested in 30 day certificates of deposit.
Mayor Smoak reported as follows: That an invitation had been extended to all
members of the city administration to appear in the Christmas Parade to be held on
December 4th, and that any who would be willing, should notify City Manager Hopkins
in order that transportation may be made available; and, That he felt the recent
Lake County League of Cities meeting held in Mount Dora to which Congressman Richard
Kelly had been invited to speak, was a very informative and interesting one. He
reported that Congressman Kelly commented that their members, especially those
in the House of Representatives, spent their first two years in Congress voting
on enough legislature to keep them popular enough with their constituents back
home to insure their re-election for a second term, and that he had chided all present
with regards complaints which are "aired" and discussed regularly, but never forwarded
directly to the legislators who have been elected to represent their interests.
Mr. Dave Crowson of Dawkins & Associates, Inc. appeared before Council to advise
that the assessments for the sanitary sewer construction in Minnehaha Estates
had been completed, and he submitted copies of the assessment map. He further
advised that inasmuch as this assessment map reflected differences on nine parcels
as opposed to the initial assessment map as prepared by their predecessors, there
might be a change in the status of the city's bond requirements and possibly should
be investigated prior to the bond validation suit scheduled in November. City
Attorney Baird was requested to investigate this matter, and City Manager Hopkins -
advised he would be in contact with Attorney Vason regarding the matter also.
With regards the recommendations of Dr. H. Russell Fogler that contributions to
the city employees pension fund be made on a quarterly basis rather than annually,
motion was made by Councilman 6Yrd seconded by Councilman Oswalt and unanimously
otticer's annual report in order to review it
Following a request by City Manager Hopkins of Department Heads to survey their
various departments for possible property on hand which has become unnecessary or
unfit for the city's use and could be declared as surplus and offered for sale, Mr.
Hopkins submitted a list of items and recommended that they be declared as surplus
and bids be solicited for their purchase. Inquiry was made of City Attorney Baird if
there be anything to prohibit the city from placing the items on display with a
minimum cost of each, and he replied in the negative. City Manager Hopkins and
Community Services Director Smythe were requested to evaluate the items and place
a minimum bid cost on each.
Following the Public Hearing held by Council on October 20th to review the proposed
city charter as prepared by the Charter Revision Committee, and at which hearing
additional changes were proposed, Council again reviewed the proposed charter in its
entirety with City Attorney Baird inserting all changes as directed by Council.
Motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously
on at their meeting to be-Fe7- on
new city c ar er mig e p ace on the
Chief Tyndal reminded all present of the "HELP STOP CRIME" programs sponsored by the
�1 •
MINUTES m 1198
local department to be held in Jenkins Auditorium on November 4th.
The meeting was adjourned by Mayor Smoak at 9:15 P. M.
Claude E. Smoak, Jr., mayur
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TO: City Council
FROM: City Manager
SUBJECT: Minnehaha Estates Sewer Assessments
DATE: October 17, 1976
Dawkins & Associates has completed the review of the sanitary sewer
assessments in Minnehaha Estates.
The review reveals a difference on nine parcels amount to a net decrease
of 42.18 lineal feet and a reduction of $168.72 assessment.
A comparison of the nine parcels is as follows:
Parcel
Assessment
Revision
Frontage
amount
Frontage mount
Lot 1, 2, Blk A
135.45'
541.80
$ 136.45'
545.80
1/3 Int in Lot 6,
Block A
87.00'
346.70
87.00'
348.00
2/3 Int.in Lot 6,
Block A
33.00'
133.30
33.00'
132.00
Lot 12, Beg SE Cor
110.69'
442.76
110.39'
441.56
Lot 13, Run NW'ly
along lot line 124.4'
to NE cor of Lot, SW'ly
along Lot line 45', SE'ly
to POD, Blok B
Lot 14, Blk B, S'ly 30'
of Lot 12, Blk C
143.16'
572.64
113.16'
452.64
Lot 13, Blk C
71.46'
285.84
66.46'
265.84
Lot 10, Block 2
101.70'
406.80
102.21'
408.84
/3-2•-23/
Lot 8, Blk 4
75.00'
300.00
1-2-3-23'
528.92
Lot 1, Blk 5
135.30'
541.20
126.91'
507.65
The assessment map prepared by Dawkins & As ' tes can be reviewed
at City
Hall.
cc: Cit
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It I Wnn1 Qnlu 19eid ■ clunnnnl, Rolla 371i1 ■ Phnaw (004) 304.3141
October 22, 1976
H. Russell Fogler, Ph.D
1032 N. W. 94th Street
Gainesville, Florida 32601
Dear Dr. Fogler:
Just a note to let ,you know that the Council reviewed your letter
dated September 3rd.
At their meeting last evening, the Council accepted your recommenda-
tions. They decided to make the quarterly contributions in December,
March, June and September.
They decided further to meet with the trustee to review the program
each year shortly after our receipt of the trustee's annual report -
We certainly appreciate your assistance.
Sincerely,
Robert M. Hopkins
City Manager
RMH/md
cc: Mr. Robert Carle
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
TO: City Council
FROM: City Manager
;SUBJECT: Contributions to Pension Fund
DATE: October 17, 1975
In a letter dated September 3, 1975 Dr. Russell Fogler reported on his
meeting with Mr. Robert Carle and others representing the Orlando
investment department of Sun Dank.
In that letter Dr. Fogler recommended that the Council establish two
policies; (1) periodic, scheduled contributions to the fund, thereby
assisting purchases at various stages in market cycles and (2) an annual
meeting with the trustee to review the program.
It is recommended that Council take action on Dr. Fogler's recommendtions.
It is my suggestion that quarterly payments be made to the trust in
December, March, June and September and that the annual meeting be
held in November.
A copy of Dr. Fogler's letter of September 3rd is attached for your
review.
11-4 Attachment �Mo
cc: City Clerk w/attachment 10/21/75
Controller w/attachment ✓
City Attorney w/attachment
Copies distributed 9-9-75 to Council and Controller
RECEIVEDSEP 9 1979 Soptember 3, 1975
It. Russell Focllor, Ph.D.
1032 N.W. 94 Street
Gainesville, Florida
Mr. Robert Hopkins
City Manager
City of Clermont
1 West Gate Plaza
Clermont, Florida 32711
Dear Bob:
Mr. Robert Carle, Mr. Paul Sheehy, and Mr. Terry Rodgers
(representing the Orlando investment department of Sun Bank)
and I met last week on August 28 from about 10:00 A.M. until
1:00 P.M. The purpose of this letter is to inform you and
the City Council about this meeting.
Let me begin with some general background. As you will
recall from my report of last year, in early 1973 the Sun Bank
Holding Company formed an investment adviser subsidiary called
Investcap. This subsidiary, with whom I never met, has been
disbanded, and their operations have been brought back into
the Sun Bank of Orlando. The present in-house investment group
is comprised of four members --Dill Norton (age 34), Terry Rodgers
(27), Dennis Monroe (24), and John Sheets (26). All of these
persons are relatively new. Now, I must admit that I am
generally wary of both newness and youth. However, based upon
a detailed three hour discussion, I am impressed that the new
staff has better than average capabilities. Terry Rodgers
has his investment philosphy well thought out, and I believe
that he fully understands the purpose of the guidelines.
Robert Carle should continue to be a good trustee, and I believe
that he will be able to work with Rodgers.
Turning specifically to the guidelines, we were in general
agreement except for the wording of one subsection. Under the
heading "Common Stocks", in subsection (d), they felt that
..40% high quality - low price/earnings ratio industrials"
meant "cyclicals". Their concern is understandable, and my
intention was not to suggest all cyclical stocks but rather a
mix of cyclical and stable stocks. Accordingly, the word
"industrials" could be (and probably should be) changed by the
Council to "stable and cyclical stocks".
Pn90 Two Mr. Robert Hopkins September 3, 1975
Other topics of general clarification were as follows:
(a) The 5% turnover limit is meant as a "target",
and it is realized that they might exceed it
slightly over a full market cycle;
(b) They may shorten the fixed income portfolio by
buying under ten year maturities; as 'noted in
the guidelines, more "even" spacing is needed
and they can use this .leeway to allow shorter
maturity purchases now; however, the average
r
maturity of the over three year fixed income
securities should be kept over maturity of ten
years on a par value weighted basis;
(c) The turnover measure is computed on common stocks
only, not short-term fixed instruments;
(d) AA rather than A bonds should be the lower quality
limit, as well as issues with an initial market
size over $50 million;
(e) Restructuring of the portfolio to the guidelines
should be primarily from new cash flows, or from
security sales made for reasons other than restruc-
turing --this may take several years,but there is
no hurry;
(f) Both the Norton Simon Preferred and the NCNB Bonds
should be sold when prevailing market conditions
appear appropriate --this reflects the guidelines
statement against preferred stocks and inadequate
call protection; and
(g) Although minor "technical" violations of the guide-
line might occur for short periods, such as a month,
the ratios are to be adhered to, thus insuring
a "forced discipline" of investing with prudent
diversification.
I am sending carbon copies of this letter to both Robert
Carle and Terry Rodgers who will maintain historical files
of our policies, thereby assuring consistent philosphy over time --
the prime objective of our guidelines.
I think that this meeting has set the tone of our
relationship with your trustee. I believe it was a very
favorable meeting. I would again encourage the Council to
Page '11hraq Mr. Robert Hopkins September 3, 1975
establish two policies: (1) periodic, scheduled contributions
to the fund, thereby assisting purchases at various stages in
market cycles; (2) an annual meeting with your trustee to
review the program (this meeting should ba with the Finance
Committee, not be a general meeting, since the purpose is to
communicate the Council wishes and to understand the trustees
concerns).
Finally, as par our agreement, mileage reimbursement for
the round trip from Gainesville to Leesburg will be appreciated.
i
Please lot me know if I can clarify any of the above or l
assist in general.
Sincerely,
i
HrRu�:SML L R, Ph.D.
HRF:ev
cc: Mr. Robert Carle
-- Mr. Terry Rodgers - ----
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'I'0 fill., 'L'otll''I(', BOARD Or AI)Jh;�,(1[:PI
or Till'. CITY Or CI.L•'I'.ONT, FLORIDA
Gentleman:
having pasted the nrcnssary appeal Pee in the amount of $25.00
with the City Clerk., I hereby malu.! a`vpliciltion to your Board for
relief from a decision randored by the Building Official of the City
of Clement, whereby I WAS r'ePused pe"Inission to
Repair ( ). Ada to ( }, Altar ( ), Construct (x), ttove and Place ( ),
a building on lot/s _�. /�.s Fr, o►� �.T ot7-+. w. S
Block y'1__..�4 subdivision
In the City of C'leru:ont, rlorida,
'File reason given by the Buildiny official for the decision in
refusing to Issue a bui'Id-lhcg pc'nnit is
Siaklm yARd
h(y appeal to yoacr hoard is based on my contention that this decision
creates a ii rdshSp on uu: Por the following reason, or' r1easavvs
p*3aNS A7TAckT4
All necessary floor plans, plot plans,avid other pertinent inforsaatlon
av,e attaclhc!l hereto.
Variancs Application must ire filed with the City Clerk no later than
5:00 P„ ii„ on I,,rida,+, tclo ('l.) weeks prior to the Council meeting at which
the Variance will be considered.
Dated
Very truly yours,
(1/75}
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Y 77 Cn rro l l Si . Id,
C/erhio,o Ffv CrestY,�w �u
Ph. 34r{ 5ic3.j C7ermo,t� F/v
Vtku�opc Rervv�T
E.IicA1, NO'I'ICIF
Pursuant to State Law notice Is hcroby given that the
City Council sitting ns a Board of Adjustment will hold
a Public Hearing in the Council Chambers located on the
corner of West Avenue and DoSoto Streets on Tuesday,
October 21, 1975 at 7:30 P.M. for the following purpose:
To consider request by Frank 11illary for a Variance to
Section 26-23 (E) (2) (R-3 ZONE - SETBACKS) of the Zoning
Ordinance in order to construct a carport on his property
described as:
11 16,25' of Lot 27; W 35' of Lot 28
Block 51; Crestview Subdivision
and,
To consider request by Willie Hill for a Variance to
Article VIII, Section 26-45 (GENERAL PROVISIONS -SIDE YARD
ON CORNER LOT) of the Zoning Ordinance in order to construct
an addition to his residence located at:
Lot 15, Block 6
Woodlawn Replat Subdivision
All interested parties will be given an opportunity to
express their views on the above mentioned matters.
October 16, 1975 R. M. Hopkins. City Manager
City of Clermont, Florida
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'ro Tlii: ".OMIT; WARD OF AUJUFI'rli:Wl
OF THE Gl'r'f ('iF CLL'Itii(IiCf, FLORIDA
Gentleman:
Having posted the necessary t+npo.M ice in the amount of $25.00
with the City Clerk, I hereby u!akc application to yore, Board for
relief from a decision mvler•ed by tale Building Official oP the City
of Clermont. whereby I wns-efused permission to
Jtopaly ( ). Add to Alter ( ), Construct. ( ), NOW and Place ( ),
a building //on lot/s �.5 ...__..._-------
Block (p_._ 'subdivision.__�1�%2�2.�/ire�Ul/I%_•--l�q��t.�`_[_.:
In Use City of Clorniont, Florida,.
Fhe reason given by the Luild•ing Official fur the decision in
refusing toIssuea building rinnnit is
i-ty appeal to your board is based on my contention that this decision -
creates a hardship on we for the following reason, ur r•oas IS
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All necessary floor plans, plot plans, and other pertinent information
are attached hereto.
Variance Application must be filed with the City Clerk no later than
5:00 P. K, on Friday, two (2) sjeehs prior to Use Council meeting et Which
the Variance will be considered.
Dated
Very truly yours,
(i/75)
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REG. LAND SUIWrYOR. Nrl, 1390,
J:OB NO.- 6-1-C-76
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