07-20-1976 Supporting DocumentsREGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, July 20, 1976. The meeting was called to order at 7:30 P. M.
by Mayor Claude E. Smoak, Jr., with the fallowing members present: Councilman
Schroedel, Blackburn, Byrd and Beals. Other officials present were: City Manager
Tiffany, City Attorney Baird, and City Clerk Carroll. Others present wero: Mesdames
Baird, Sheldon, Oswalt, Messrs. Perry, Czech, Sargent, Wade and Evans. Mr. Joe
Sanchez, representative of the Sentinel/Star, was also present.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held July 13, 1976, were approved as written.
PUBLIC HEARING
City Council, sitting as a Board of Adjustment, considered the
request of Mr. and Mrs. William Lawson for a Variance to Section
26-21 (E)(2)(3) (R-1 URBAN RESIDENTIAL DISTRICT -SETBACKS IN SIDE AND
READ YARDS) of the Zoning Ordinance, and Article II, Section 5-15
(FENCE RESTRICTIONS) of the Building Code, in order to install
ornamental iron gates on their property located at 1803 Rosewood
Drive which would penetrate into the required sideyard setbacks and
extend two more feet in height than that allowed for fences construc-
ted in front of building lines. Their request in writing advised
their residence was of Spanish architectural design, and they felt
the ornamental gates would further enhance their property. Motion
was made by Councilman Byrd, seconded by Mayor Smoak and carried
that the request be granted. Councilmen Beals and Schroedel voted
in the negative on passage of the motion, with Councilman Beals
advising that variances to existing ordinances were provided in
order to grant relief in cases where an unnecessary hardship would
be created if the ordinance was enforced, and he did not feel that
was the case in this instance.
VISITORS WITH BUSINESS
Mr. Bob Wade, President of the Chamber of Commerce, appeared before
Council to solicit continued financial assistance from the city as
in past years, in the preparation of the 76-77 fiscal year budget.
CITY MANAGER'S REPORT
City Manager Tiffany reported a communication had been received
from John W. Booth, Chief Judge of the Fifth..Judicial Circuit wherein
he advised that there was not suffic.i.ent manpower, judicial or'btherwise
for the establishment of branch courts at this time, but that the
matter would be reevaluated at a later time when all city courts
have been eliminated. He further advised there were provisions
for terminating the muncipal courts ahead of the deadline date, if
so desired. Mr. Tiffany advised he would investigate�:the matter
further with regards the feasibility of terminating the local court
by October 1, 1976.
FINANCE DIRECTOR
Following recommendation by City Manager Tiffany, motion was made
by Councilman Schroedel, seconded by Councilman Beals and unanimously
carried that Thomas A. Sanchez be employed as City Finance Director.
MINUTES NY 1.312
CITY ATTORNEY'S REPORT
City Attorney Baird submitted an AGREEMENT between the City, Mrs.
Lillian Gaddy, and The Florida Power Corporation wherein an case-
ment would be granted to the city for use of the existing alleyway
in Lot 8 of City Block 81 as a public thoroughfare, for Council's
consideration. Motion was made by Councilman Blackburn, seconded
by Councilman Deals an carried, t at t eAGREEMENT be accepted
and executed by the Mayor and Lit—y Clergy --
COMMENTS BY COUNCIL MEMBERS
Councilman Schroedel requested that the City Attorney prepare the
necessary Ordinance to increase the salary of the Mayor to $200.00
per month, and Council members to $125.00 per month.
COMMUNICATIONS
City Clerk Carroll read a conununi cation from Jorgen Mejnholt of
Helsingor, Denmark, wherein he forwarded greetings for the nations
200th anniversary celebration and best wishes for the future.
Mr. Mejnholt, a visitor to Clermont with the "People -to -People"
sponsored program, was made an honorary citizen of the city on
August 8, 1967.
SECKLER PROPERTY OPTION
City Attorney Baird submitted a proposed option at a consideration
of $500.00 for 90 days, toward purchase of the Seckler grove - --
property, for Council's consideration. Motion was made by Councilman
Blackburn seconded by Councilman Oeals and carried unanimously,
that the option be accepted and executed by the Mayor.
LOT COVERAGE DEFINITION
It was the recommendation of the P & Z Commission that Lot Coverage
in the Code of Ordinances be defined as: "That part or percentage of
the lot occupied by structures. Structures
may be exempted from computation of lot coverage
to that extent that they allow rain water to
permeate."
Motion was made by Councilman Blackburn seconded by Councilman Beals
and carried that the recommendation be accepted and the City Attorney
prepare the necessaryamending Ordinance. Mayor Smoak and Councilman
Byrd voted in the negative on passage of the motion, with Mayor Smoak
advising he felt it to be too restrictive.
1972 BOND COVENANT
City Manager Tiffany reported a communication had been received
from representatives of the city's bondholders regarding the city's
failure to meet the requirements of the bond covenants to submit
an annual comprehensive engineering report, and recommended he be
authorized to reply that an Engineer would be retained to fulfill
the obligations as required. Motion was made by Councilman Beals,
seconded b Councilman Blackburn and carried that the recommendation
be accepted and City Manager Tiffany proceed in obtai m ng quotations
MINUTES
N91313
and ro)osals from various Enineering Firms. It was the sugges-
on o fayor moa a ie FI�anager 'fnvestigato the possibility
of submitting such required report on a bi-annual basis rather than
annually.
There being no further business to be brought before Council at this time, the
meeting was adjourned by Mayor Smoak at 8:50 P. M.
Claude E. Smoak, J�,o
Dolores W. Carroll, City C erk
LEGAL NOTICR
pursuant to State Law notice is hereby given
that tho City Council sitting as a Board of
Adjuntmont will hold a public Hearing in the
Council Chambers located on the corner of
West Avenue and DeSoto Streets on Tuesday,
July 20, 1976 at 7:50 P.M. for the following
purpose:
To consider request by Mr. G Mrs. William Lawson
for a Variance to Section 26-21 (E) (2) (3)
(R-1 URBAN RESIDENTIAL DISTRICT -SETBACKS IN SIDE
AND REAR YARDS) of the Zoning Ordinance, and
Article II, Section 5-15 (PENCE RESTRICTIONS)
of the Building Code, in order to install orna-
montal iron gates on their property located at
1803 Rosewood Drive,
All interested parties will be given an opportunity
to express their views on the above mentioned
matter.
Dolores W. Carroll
City Clerk
City of Clermont, Florida
July 15, 1976
f
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William Lawson._
1803 Rosewood Drive
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26-21
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Section 26-21 . . . Penetration into side yard setback nine feet
Section 5-16 . . . Two foot excessive height frortof building line
House is of Spanish architectural design and wish to further enhance the
property by the installation of six foot ornamental iron gates.
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JUDICIAL DL'I'ARTML"NT
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July 16, 1976
MEMORANDUM_
RECEIVEDJCt 1, �1976
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TO: City Managers of the Municipalities Retaining City Courts
FROM: n W, Booth, Chief Judge
A meeting was held this morning with the County Judges,
State Attorney, Public Defender, Clerk and Sheriff concerning the
abolition of Lake County's remaining city courts.
These courts will be automatically abolished under Article
of the Florida Constitution as of January 1, 1977 but such munici-
palities may make an early transfer of their caseload to the county
court by the adoption of an Ordinance of Abolition. If approved by
the Chief Judge a certified copy of such Ordinance would be forwarded
to the Chief Justice of the Supreme Court who is authorized to issue
an Order of Recognition which would officially terminate the city
court and transfer its caseload to the county court.
It was the unanimous consensus of those attending the
meeting that we do not at this time have sufficient manpower, judicial
or otherwise, to establish branch courts. After all city courts have
been terminated a re-evaluation will be made as to branch courts in
the county.
We will be glad to meet with any city officials who would
like to discuss an early termination of their city courts. You should
contact me at my Tavares office, telephone #343-5152, Ext. 62.
JWB:ma
cc: County Judges of Lake County
Honorable G. G. Oldham, Jr., State Attorney
Honorable Robert E. Pierce, Public Defender
Honorable James Watkins, Clerk of Court
Honorable Guy Bliss, Sheriff of Lake County
Honorable E. C. Aulls, Jr. Circuit Judge
TO: City Council
FI1014: City Manager
SUBJECT: Finance Director Appointment
DATE: July 20, 1976
About• twenty applications were received and reviewed for our Finance Director
vacancy. I talked with five applicants, and Wednesday met for several hours
with the top candidate.
The City Charter provides that "the City Manager shall appoint a Finance
Director, subject to approval by a majority vote of the Council. The Finance
Director shall assist the Manager in the general accounting and ,financial
affairs of the City". Subject to your approval, I intend to appoint
Mr. Thomas A. Sanchez of St. Petersburg as Finance Director.
Mr. Sanchez holds a Bachelor of Science in Finance (1970) from Florida State
University, and has completed requirements for an Accounting major at the
University of South Florida.
From 1970 to 1975 he served as an active -duty Coast Guard Officer. He was
in charge of the Base Exchange activities at the Coast Guard Academy and
previously at the Exchange in St. Petersburg. His responsibilities gave
him considerable financial management and account experience that I believe
would be useful in our City's financial operation.
After separating from the Coast Guard, he worked for a C.P.A. firm in St.
Petersburg assisting in various corporate audits.
Mr. Sanchez has all of the attributes necessary for success in our position:
integrity, technical competence, ability and willingness to learn, ability
to get along well with others, etc. Both John Fleming and John Greenlee
have met Mr. Sanchez (at lunch Wednesday) and endorse my recommendation
of Mr. Sanchez for the position of Finance Director.
I recommend that the City Council approve my appointment of Thomas A. Sanchez
as Finance Director.
A
Gordon Tiffany
AMMEMENT
TIITII AGHIlrMENT, by +ud between Lhe CITY OP CLI?RMONT, if mcmlelp+ll corporntlon;
VLORIDA POWER CORPORATION; nod MILS. L11,1JAM GADDY, elated Ch1H.jP1r11day of
1,976.
WIIIiREAS; MRS. LULIAN GADDY in the fee simple t1t.lc owner of certain Lands
within Lhc City of Clermont, Lake County, Plorlda, duocri,bed au:
I'xisting alleywny in Lot S, Block HI, Clty of Clermont,
running North from DCSoL'O Street Lo exisLin6 aLlcy owned
by City of Clermont, according to the OffLc:ial Nap of.
the City of Clevmant, recorded to 1,111L• Rook R, pages .17-
27, inclusive, Public Records of Lake County, Plorlda.
WHERI'AS: FLORIDA POWER CORPORATION is the owner and holder of a certain lease
agreement for tine of the said property, and
WHEREAS; the CITY OP CLERMONT is dualruus of obtaining an eoscmcnc as nn
nllcy for a public thoroughfare across said property.
NOW THEREFORE, the parties agree its follows:
1. LILLIAN CADDY, ns fee simple title owner hereby conveys to the CITY Or
CLERMONT an casement ]or public thoroughfare for the period not to exceed the
period of Lime that FLORIDA POWER CORPORATION holds a leasehold interest.
2. FLORIDA POWIil2 CORPORATION, as Lessor, hereby conveys to the CITY OF
CI.RRMONT all enscment for public thoruu},litnre for Life period not to exceed Lhe
period of time that FLORIDA POWER CORPORATION holds its leasehold interest.
CITY OF CLE101ONT
ATTEST:
/
DOLORES W. CARROLL
CITY CLERK
WITNESSES:
BY:
C. Ems. ShOAK, JR., MAYOR
FLORIDA POWER CORPORATION
BY:
HOVIS AND DAIRD. ATTORNEYS AT LAW, I WESTGATE PLAZA DRIVE, CLERMONT, FLORIDA ]ZTII
Ask
WITNESSES:
FF ,IAN NADpY
STATE OF FLORIDA )
SS.
COUNTY OF LAKE )
The foregoing Agreement wan acicnowiedged before me by C. R. SMOAK, JR., MAYOR,
of the CITY OF CLERMONT, a muni.clpal corporation, on behalf of the corporation, thin
j�Lly clay of_LG�( ,, 1976.
Not: -try Public
My Commission Expiren:
NOTANY PUIII Jr. STATr Of FIORIDA AT (ARM
MY COMMISMON PNPIREI MAR. IA I97/
STATE OF FLORIDA ) UNDED TIIRU WNW!, INSen—rc
SS.
COUNTY OF LAKE )
The foregoing Agreement was acknowledged before me by
of FLORIDA POWER CORPORATION, on behalf of the corporation, this
day of , 1976.
Notary Public ... .
My Commission Expires:
STATE OF FLORIDA )
SS.
COUNTY OF LAKE )
The foregoing Agreement was acknowledged before me by LILLIAN CADDY, this
day of , 1976.
Notary Public
My Commission Expires:
—2—
HOVIS AND DAIR D. ATTORNEYS AT LAW.1 WESTGATE PLAZA DRIVE. CLERM.NT. FLORIDA 32711
A
TO: City Council
FROM: City Manager
SUBJECT: option to Purchase Seckler Property
DATE: July 9, 1976
Attached is an Option to Purchase the Seckler Grove property.
Key provisions are:
(1) City payment to Seckler of $500 creditable to purchase
price for a 90 day option; and
(2) Purchase price of $75,000 with $18,500 down and balance
payable over 5 years at 8% interest.
The option is executed by Mr. Seckler and dated July 1.
Contingent on the City Attorney's approval, I recommend
acceptance of this option to purchase.
Attachment
cc: City Clerk (7/13/76 Agenda)
AJ04-
City Manager
TO: City Council
FROM: City Manager
SUBJECT: Definition of Lot Coverage
DATE: July 12, 1976
At its July 6 meeting the Planning and Zoning Commission considered a
committee report on the subjects of "Maximum Lot Coverage" and "Definition
of Structure".
It was determined that Maximum Lot Coverage provisions in our Code
should not be changed, and that the definition of Structure likewise should
remain as it is.
A problem has presented itself, however, relating to the computation
of lot coverage. Our position is that all structures (as broadly defined
in our ordinance) are included; other cities (and our past practice some
years ago) consider only buildings in this computation.
After a full discussion of these and related matters, the Planning
and Zoning Commiss on receommended that the following definition be considered
by the City Council.
Lot Coverage: That part or percentage of the lot occupied by
structures. Structures may be exempted from computation of
lot coverage to that extent that they allow rain water to
permeate.
Reasons stated by the Commission for this recommendation were:
(1) To clarify and formally adopt the policy of including all
structures as defined by the Code in computation of lot
coverage; and
(2) To allow owners to more fully use their private property
(particularly for recreational uses, patios, driveways,
and other ground level structures) while recognizing and
protecting the public interest in allowing percolation of
rain water.
I recommend that the first sentence of the above definition of Lot
Coverage be adopted, and if as a matter of policy the City Council agrees, that
the entire definition be adopted.
Gordon Tiffany
cc: City Clerk (7/20/76 Agenda)
TO: City Council
FROM: City Manager
SUBJECT: 1972 Bond Covenant
DATE: July 15, 1976
The attached sheet gives the text of paragraph "T" of our 1972 Bond
Ordinance. This paragraph requires the City to "annually retain an independent
engineering firm... for the purpose of providing.... competent engineering counsel".
The engineers must prepare an annual report with respect to (1) management of
properties, (2) sufficiency of rates, (3) proper maintenance, (4) recommenda-
tions for capital improvements, and (5) failure to comply with bond covenants.
The Ordinance that will be passed to issue bonds to the Federal Government
to finance water and sewer improvements now underway must adopt all bond
covenants previously adopted, reaffirming our City's obligations under the
1972 Bond Ordinance.
Audits for the past two years have contained the following exception:
"Paragraph T provides that the system shall be inspected annually by consulting
engineers. The system was not inspected by consulting engineers during the
period covered by the statements, but was inspected by an appropriate state
agency".
Last month a representative of Southeastern Municipal Bonds of Orlando
(the firm that represents our Bondholders) wrote to "urge" us to "remedy the
various deficiencies indicated by your auditor", including the lack of an
annual Engineering Report. Subsequently, I investigated our Bond Covenants
to determine whether the annual State agency inspection satisfied our Bond
Covenants.
The State agency inspection referred to in our Audit is the Florida
Department of Environmental Regulation's annual Operation and Maintenance
report. This report is required by the U. S. Environmental Protection Agency
and is essentially a summary of our monthly lab samples giving the plant's
efficiency. Other comments on the Plant operation are included, but they
are not detailed enough to qualify as an annual engineering report. This
"0 and M" Report does not include the sewage collection system.
I must conclude that this "0 and M" inspection is not the comprehensive
Annual Engineering Report required by our Bond Convenants, and that we must
retain a Consulting Engineer to prepare the required report.
In the attached letter, Dawkins and Associates proposes to prepare the
required report for us for a fee of $3,500 for the first year and $2,200 for
subsequent years. I also spoke to a representative of Greely and Hansen,
engineers in Tampa, a highly regarded utilities engineering firm, and received
a verbal quotation in the same range as the Dawkins' proposal.
(The letter from Dawkins and Associates suggests that the Engineering Report
be a part of a continuing contract for engineering services. We should
investigate this alternative, but Council concurrence is not necessary at
this time.)
Page 2
City Council
1972 Bond Covenant
I recommend that the City Council authorize me to write to Southeastern
Municipal Bonds, the agent for our Bondholders, stating that the City will
retain an Engineer as required by our Bond covenants.
G6rdon Tiffany
cc: City Clerk (7-20-76 Agenda)
1'. CONSULTING ENGINEER. Tha issuer, will annually rrtain an
independent consulting engineer or engineering firm having a favorable
reputation for skill and experience for the design, construction and
operation of systems of comparable size and character is the system,
for the purpose of providing the issuer competent engineering counsel
affecting the economical and efficient operation of the, system and in
connection with the making of capital improvements and renewals and
replacements to the system. The issuer may, however, employ acditionai
engineers at any time with relation to specific engineering anc op-
eration problems arising in connection with the system.
The issuer shall annually cause to be prepared by the con-
sulting engineers a report or survey of the system, with respect to the
management of the properties thereof, the sufficiency of the rates, and
charges for services, the proper maintenance of the properties of the
system and the necessity for capital improvements and recommendations
therefor. Such a report or survey shall also show any failure of the
issuer to perform or comply with the covenants herein contained.
If any such report or survey of the consultinn engineers
shall set forth that the provisions hereof or any reasonable re-
commendations of such consulting engineers have not been complird with,
the issuer shall immediately take such reasonable steps as are
necessary to comply with such requirements and recommendations.
In making such report or survey the consulting engineers shall accept
certified statements of the independent certified public accountants.
Copies of each report or survey shall he placed on file wit.h ttie Clerk
and shall be open to the inspection of any holder of obligations or
other interested parties.
®&A DAWKINS&ASSOCIATES, INC.
CLJ .4ULTING CIVIL AND ENVIRONMENTAL ENGINEERS
June 17, 1976
Mr. Gordon D. Tiffany
City Manager
City of Clermont
d1 West Gate Plaza
Clermont, Florida 32711
Proposed Agreement --
Consulting Services
2 1 1976
Dear Mr. Tiffany:
At your request, our firm has reviewed the scope of consulting services
necessary to meet the City's bond ordinance requirement for annual evalu-
ation of financial condition and operation and maintenance programs of
the sewer utility.
We propose to prepare such a yearly report -- in sufficient detail to
meet requirements of the ordinance -- and present said report to the City
in sufficient time for its consideration in preparing the utility's budget
for the subsequent fiscal year.
Our fee for preparation of the initial report would be three thousand
five hundred dollars ($3,500.00) due and payable upon presentation of ten
(10) copies of the report in final form to the City. A copy of the report
in preliminary form would be submitted for review earlier to ensure City
management and utility staff members an opportunity for input prior to
final printing.
Subsequent yearly reports would be prepared for a fee of twenty-two hun-
dred dollars ($2,200.00). The reason for the higher initial fee would
be to cover our expenses in updating the utility's data base and establish-
ing a satisfactory format for the report.
Conclusions and recommendations would be based on: (1) consultations with
City personnel and regulatory/funding agencies; and (2) at least one on -
site inspection of all physical facilities of the utility.
In addition to satisfying demands of the bond ordinance, the annual report
would be tailored as a useful management tool in the provision and budget-
ing of operation, maintenance, renewal and replacement, and capital improve-
ment funds.
We presently prepare annual reports (in much greater detail than that
required by the City of Clermont) for the Cities of Lakeland and Orlando.
• 520 NORTH SEMORAN BLVD. • P.O. DRAWER 14024 • ORLANDO, FLORIDA 32807 • 305/275.3011
i
Mr. Gordon D. Tiffany -2- June 17, 1976
City Manager
City of Clermont, Florida
We would suggest that preparation of the annual report be incorporated as
one provision in a new contract for continuing engineering services.
Such a contract would ideally provide for compensation of our firm (for
all projects with well defined scope of basic services) on the basis of a
lump sum fee rather than a percentage of construction costs.
This method (with fees negotiated in advance on the basis of the actual com-
plexity of work to be performed) would protect the City from escalation of
fees during periods of inflationary construction costs.
Upon authorization by the City, we would be pleased to prepare and submit
for Council review a contract complying with provisions recommended herein
above.
Should you have any questions relative to these matters, please advise.
Sincerely,
DAWKINS & ASSOCIATES, INC.
TC 4�1.'_t_.�
R. C. Rector, P.E.
Project Manager
RCR/cwt
J(" rrd Mr:J1,41-IOL'r
[iVV:; 14
LWOO 1,1t;I-ti I ,, 00 14
The City C011ric i I o I,' Clo r,mon t
Florida U 0 A
vin tho US Ambrinnoy Dorimar-k.
Greetings to the first 200 years anniversary of
The United States of America and the best wishes
for the future, go ahead in the fight for freedom,
we in Denmark wish You good luck and thanck's You
for the years past.
Yours sincirely,
Jorgen Mejnholt
Honorary Citizen of Clermont Fla.
since August 8' 1967
ER .1-IJEMMLV,
�J/,0)1(lll/
7t I Waal C"I. Phirn r Clermont, 1"lunda :12711 r Phon"; (004) 994.9141
July 27, 1976
JOrgen Mejnholt
ElektroingeniOr
Snerlevej 14
3000 HolsingOr
Denmark
Dear Mr. Mejnholt:
It was with a great deal of pleasure that the people of Clermont
received your communication on our Nation's 200th birthday. The
People of Clermont hold fond memories of the week that the members
of the "People to People" delegation from Denmark spent in our
city.
Please express to all of those whom you know who visited with us
that the doors to Clermont are always open with a friendly invi-
tation to the people of Denmark.
Sincerely yours,
sincerely
Claude E. Smoak, UJr
Mayor
CES/md
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY