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01-10-1978 Supporting DocumentsMINUTES N4 1465 REGULAR MC•ETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 10, 1978. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Money, Byrd, Schroedei, and Cole. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clork Carroll, Finance Director Sanchez, and Chief of Police Tyndal. Others esdames Margaret Peacock, Pat McCaffrey, Lois Kimball present were: Master Ken Peacock; M; Messrs. Czech, Mr. &Mrs. Rick Rorabaugh,Dupee; and, Mr. & Mrs. Wr Y Seitz, Sargent, Matthews, B. Mallory, Mr.&uMrsMMrs. .Robert Gene Walker. The invocation was offered by the Rev. William C. Seitz, Jr., followed by repeating of the Pledge of Allegiance in unison by those present. An apropos introduction of newly elected Council Member Lester Cole, was extended by Mayor Smoak. The Minutes of the Regular Meeting held December 20, 1977, were approved as written. MARSHLAND STUDY Mayor Smoak reported on a communication received from the Environmental Protection Agency wherein they advised the application for funding assistance in the local marsh- land study had been rejected because of "Insufficient Funds", though their primary comment on the proposal had been both positive and affirmative; That he had been in recent contact with the official that conducted the review, who advised they had made some suggestions which they felt would strengthen and improve the project, and were holding the matter in their active file for possible re -activation should funding become available. Mayor Smoak further advised that he had requested City Manager Tiffany to compile a background report of the project from its foundation stages todate, which he would forward under cover letter to Senators Stone and Chiles, and Congressman Kelly, urging their support in gaining the necessary funding from EPA for the project, and still further, would encourage that all other local officials contact the federally elected officials regarding the matter. PAYMENT OF BILLS Motion was made b Councilman Hone seconded b Councilman Byrd and carried that t o i s e poi copy is attac ed ereto. BANK PROPERTY OPTION Mayor Smoak reported on a communication from Exchange National Bank officials wherein they rejected the proposed option on the former bank building property as sought by the City, and he therebymoved that the be forwarded a reciation from Council for their consideration of the matter and that the matter of propose pure ase of t e building by the City be removed from further discussion The motion was seconded by Councilman Honey and carried Councilman Schroedel voted in the negative_ on passage of the motiong opining he felt the matter should " left open for furt er possiu,e�� LAKE IMPROVEMENT COMMITTEE REQUEST City Manager Tiffany advised of a request by the Lake Improvement Committee for authorication to expend approximately $500.00 to obtain additional information and references regarding disposal of waste waters by land spreading, ponds, marshes, etc, which would supplement their existing data, and he recommended approval of such a request. Motion was made b Councilman Hone seconded b Councilman Byrd and carried that the City Managers recommendations be accepted. MINUTES NQ 1466 CITY ATTORNEY EMPLOYMENT AGREEMENT Council considered a proposed employment agreement from Leonard II. Baird, Jr., for his services as City Attorney from January 1, 1978 thru December 31, 1978, such proposed agreement being essentially the same as for Former years with the exception of an increase in the hourly rate for additional services performed beyond those covered under the retaining fee portion, from $25.00 per hour to $35.00 per hour. Motion was made by Mayor Smoak, seconded by Councilman Schroedel and carried that LIIC1VeldCIt.. i��.. . �•••-- - -rus aExisting wor performing was exteUty rey the duties of the city's legal officer. JENKINS AUDITORIUM SCHEDULE REQUEST Due to a schedule conflict for use of the Jenkins Auditorium on February 16th and April 13th, Council was requested to make a final determination. Inquiry was made from the Chair to all interested persons present that could provide input to Council as to the two different performances scheduled for February 16th that would be help- ful to them in determining which group could be served by an alternate location. Following comments from representatives of the Clermont Recreation Club and the Accent on Culture Organization, it was the determination of Council that the require- ments necessary for the performance as sponsored by the Recreation Club could be met in an alternate location, and motion was thereupon made by Mayor Smoak, seconded by Councilman Schroedel and unanimous) carried t at the auditorium reservation for e ruary 16t be in favor of the Accent on culture- performance, and that ty rn Representatives of the Highland Squares were present to advise of a standing reser- vation for use of the auditorium by them which had been necessary to relinquish in the past in order to accomodate the "Accent on Culture" programs, and would be necessary again on April 13th, and inquired of Council's position in allowing this policy to continue. They further advised of their willingness to again relinquish their reservation for April 13th, but encouraged that a more definite policy be developed that would prohibit groups such as their organization having standing reservations from having to relinquish their dates for special performances. Mayor Smoak thanked the group for their considerate comments, and assured them that Council would strive for a methodology for auditorium reservations that would remove future reservation conflicts, and motion was thereupon made by Councilman Byrd, seconded by The motion was seconded by Councilman Honey and unanimously carried. M[Nums N9 1467 COMMISSION BOARD APPOINTMENTS Plannin and Z_o_ni�ng Commission: The four incumbents on the P&Z Commission whose torms expire this date, more specifically, the Messrs. Henry Czech, Jack Sargent, Jim Megxnley, and Robert Thompson, were nominated for reappointment by Council- man Ilonoy. Mr. Ben Blackburn was nominated for appointment, such appointment to be iII addition to the above four named, by Flayor Smoak. There being no further nominations, motion was male by Councilman By sec��ciilNmanoH Honey and I inicnn nnnrnsentatives: Motion was made by Councilman BY seconded by Councils and carried that resentative to the 1 and carried that Fe Greater Clermont ORDINANCES A re -draft of the proposed Ordinance regarding "Yards" was previously presented for Council's consideration and study. City Manager Tiffany reviewed the amendments in their entirety. Following a step by step consideration, motion was made by Mayor Smoak, seconded by Councilman Byrd and carried that the following Section of the SECTION 5. "Section 26-46 of Article VIII of Appendix "A" of the Code of Ordinances is hereby amended to read as follows: 26-46 Alleys Where an alley exists at the rear of a lot, one-half of the width of said alley may be computed as part of the rear yard." Councilman Honey thereupon introduced the proposed Ordinance as amended, and it was read for a first reading by City Clerk Carroll, by title only. Inasmuch as no replied had been received from property owners in City Block 45 regarding Council's inquiry to having their property re -zoned from the existing C-1 designation to R-3 designation, as had been requested for the property owned by John R. Jones in that area, it was the suggestion of Mayor Smoak, and Council was in agree- ment, that action on Mr. Jones request be tabled pending a written commitment as is possible from the Comprehensive Planning Committee on their projected land use of that area. MINUTES NO 9-468 Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCE'S OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE PROHIBITION OF NUDITY OR INDECENT ORFOR THE HIBITION OFPEMPLOYMENT EOFURES PERSONSPONS TOS000M111T SUCHIACTS: REPEALPLACES:OINGDING ALL ORDINANCESO IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. LEAGUE OF CITIES QUARTERLY MEETING City Manager Tiffany advised of the next quarterly meeting of the Lake County League of Cities to be held in the Eustis Community Building on Wednesday, January 18th, and asked that reservations be made through City Hall no later than Friday, January 13th. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 9:50 P.M. c o cr- CLAUDE E. SMOAK, JR. - KAYUK DOLORES W. CARROLL - CITY CLERK f t`B�l+it r;krti� �r i' ACCOUNTS PAYABLE 1-10-78 GI?NERAh FUND 31.30 Armstrong Smith Paints ( Bnttor ( Y) 44.95 Batteries By Fisher (Auto Maint) 38.56 Bob Wade Ford Central industrial Sales (Paint) 48.60 222.50 Central 'tenting Lab. (Broome Strout) (Brake 8homa) 8.78 Colonial Chry-Ply (Concrete) 65.00 Clermont Builders Supply Clermont Auto Parts, Inc. (Auto Maint & Ropair Pnrtn) 104.00 42,50 Callaghan & Co. (Legal publication) 10.30 - 6 Eckerd Drugs (Film prints) 10.00 Fla. Fire Chiefs' Assoc. (Dues) 10.50- Freeman's Repair Gem Chemical Co. (Steel) (Janitorial Supplies) 161.95 ' 12.96 Hughes Supply (Plumbing Supplies) 92,00 Harmon Glass (Repair Sent) (Dog Food -Lot Mowing; Reimbursable $375) ( B 320.50 I' 20.SU Hunts Garden Center (Plants) Hulatt's Nursery Hilltop Stationery (Office Supplies) 342.98 64,75 Herb Equipment Co. (Petroleum Products) 167.50 Haile -Dean Seed Co. (Crass Sood) (Maint Contract & Office Supplies) 87.60 IBM Inland Equip Co. (seals, Shaft & Bearings) 0.04 140.0 Jerry's Lock & Key (Lock) (Starter) 30.00 John's Radiator & Auto Elect. Jim Willie hardware & Supply (hardware Supplies)20.00 13.20 Knowles Post Control (Pest Control) (utilities) 186.09 Lake Apopka Natural Gas (Flat Bar) 5.50 Konsler Steel Co. Art King (Computer Programing) 200.00 643.50 Lake Co. Public Works (Landfill Charges) 105.50 Motorola Inc. (Radio Maint) (Auto Maint Parts) 13.34 ' Morgans Auto Parts Market Basket (Empoyees Christmas Party) 88.40 30.95 National Band & Tag Co. -- (Dog Tags) (Maint Contract) ..... 217.35 - NCR Sears, Roebuck & Co. (Traps P & Uniforms) 950.53 678 67.9 Supreme Envelope Co. (Office Supplies) (Publications) 53.04 South Lake Press Skil-Tests (Office Supplies) 21.00 112.33 The International City Mgr Assoc. (Dues) (Petroleum Products) 1199.55 W. M. Teal The Cone Shop (Childress Christmas Party) .00 1115.00 Valbro Business Forms, Inc. (Office Supplies) 6215.73 UTILITIES DEPARTMENT 481.47 Brooks Products of Fla. Inventor Supplies) ( y pp Supplies) 1124.77 B & R Sales (Inventory (Auto Maint Parts) 11.906674 ' Clermont Auto Parts (Chemicals) . Hill Mainuf. Co. Hilltop Stationery (Office Supplies) & Supplies & Marshland Study) 26.36 177.77 Jim Willis Hardware (Hardware (Repair C.I. Lid) 420.00 Konsler Steel Co. (Marshland Study ) 10.00 Ramada Inn Ra Moreland Chemical Co. (Chemicals) 578.55 44.33 Orlando Paving Co. (Asphalt) (Lab Services) 73.00 Orlando Lab. Water & Sewer Weeks (Subscription) 24.00 332.00 Sears, Roebuck & Co. (Uniforms) 17.91 Western Auto (Gloves) 3388.80 TO: City Council FROM: City Manager SUBJECT: Jenkins Auditorium Schedule Request DATE; January 10, 1978 Sidney Young, on behalf of the "Accent on Culture" organization, has requested a City Council determination that his organization may use the Jenkins Auditorium on two dates for which there is a schedule conflict. Our agreement with the Chamber of Commerce under which the Chamber schedules the auditorium provides that "the City Council will consider requests for use of the building when permission is denied by the Chamber Director... . The decision of the City Council shall be final." When the auditorium schedule was being made up last year there was an apparent misunderstanding between Mr. Young and Chamber Director Phil Searles. The two dates particularly in question are February 16, when the Recreation Club has booked the Auditorium, and April 13, when the Highland Squares have a reser- vation. I do not know of a conflict on May 18. Representatives of the Highland Squares and Recreation Club have been notified that this request will be discussed tonight. Mr. Searles will not be able to attend because of a prior commitment, but Mr. Young will be present. ordeTTi ffany cc: City Clerk (1/10/78 Agenda) TO: City Council FROM: City Manager SUBJECT: Appointments DATE: January 5, 1978 Appointments listed below should be made at the January 10 meeting. Plannin and Zoning Commission. Four seats are to be filled, currently he y ienry Czech Jack Sargent, Jim Meginley (appointed 2/77 to fill unexpired term of Joe Knowles), and Robert Thompson (appointed 7/77 to fill unexpired term of Ken Norquist). Appointments are for 2 years. Zonin Board of Adjustment. The City Council serves as this Board, and s ould be reappointed if it is your desire to continue this policy. Housing board of Appeals and Adjustments. The City Council also serves as this Board, and should be and 16 it is your desire to continue to do so. City Council Liaison. Mayor Smoak serves as liaison to Lake County Pollution Control Board; Councilman Schroedel is liaison to Library Board; the Chamber of Commerce liaison assignment is vacant. Appointments to all three assignments should be made. Legal Officer. The City Attorney's agreement expired at the last of December. ord Tiffan Y cc: City Clerk (1/10/77 Agenda) TO: City Council FROM: City Manager SUBJECT: Lakes Improvement Committee Request DATE: January 6, 1978 Attached is a report from Bill Dailey recommending actions connected with wastewater and storm drainage. The item needing specific Council approval is authorizing expenditures up to $500 to collect additional published material. I recommend approval of this request. 164-- ord Tiffany cc: City Clerk (1/10/78 Agenda) William H. Dailey hmro lake Nellie Road Talnp (Ion) 9liolle s Roue 1, now 102 Clormonl, Florida 32711 January 6, 1976 Proposed Activities for January in Connection With Wastewater Effluent and Storm nrainaae Disposal It is planned that W. H. Dailey, with the help of others will prepare Position Statements on,- 1. The unique situation, in the Palatlakaha chain of lakes, in regard to control of nutrients entering the chain of lakes. Es- sentially, the major nutrient loading appears to be controlled by rainfall and by conditions in the Green Swamp, with only minor effect due to pollutants from Clermont and its environs. 2. The urgency of initiating and monitoring experimental land spreading on groveland and grassland similar to that in Lake County and western Orange County. To Implement the Above Program We would lice authorization from Council to the Library, to spend about $500, during January and February, for Bonnie Homan to locate and copy references on disposal of waste waters by land spreading, or in ponds, or in marshes, to supplement our present data. (The Library Board will consider this in its 9 Jan 178 meeting) We would like to make arrangements for Bonnie Homan, and one or two others, to visit the University of Florida at Gainesville to obtain, from various divisions, such as the Wetlands Group, the identification of references and the sources for obtaining copies. Further identification of references is now being made by the Lake County Pollution Control Department; by W. H. Dailey; and by the East Central Florida Regional Planning Commission. TO: City Manager FROM: Mayor DATE: January G, 1977 Please write a short background of the Marshland Disposal Study con- tinaing pertinent information to be forwarded to Congressman Kelly and Senators Stone and Chiles. I'm particularly interested in attaching a copy of the proposal to EPA for EPA participation to the continuance of the Marshland Study. Dr. Zoltek has informed me that he has received formal rejection of a request for grant participation. He also states that the letter contains favorable comments concerning the application, but EPA claims that grant funds are currently unavailable. On another matter, please place on the January 10 agenda the request of Dill Dailey for funds for Donnie Homan to release written material concerning the wetlands proposal. c. -0Jtd'& Claude E. Smoak, Jr. cc: City Council TO: City Council FROM: City Manager SUBJECT: Option on Citizens Dank Property DATE: January 6, 1978 Attached is a letter from Ed Stephens of the Exchange Bank rejecting our draft option on the former Citizen's Dank property. Early this week I gave a copy of the option to Mr. Stephens for his comments prior to our Tuesday meeting. As far as I know, the original offer including the 69 ft x 300 ft. adjacent parcel for 5116,900 is still open. Also attached are the draft option which was rejected by the bank and Mr. Stephen's December 20 letter containing his original offer. Gordoh Tiffany cc: City Clerk (1/10/78 Agenda) RECRIVEDJAN 8 «) Exchange Bank January 5, 1978 Clermont City Council Clermont, Florida 32711 Attention: Cordon Tiffnny, City Manager Banr Cordon, Enclosed please find the option agreement which was oubmitted to our bank in connection with the proposed purchase by the city from the bank of the old bank building located on Montrone Street in downtown Clermont, Your proposal was discussed with our Board of Directors and it was their unanimous feeling that this proposal. is not accept- able. I appreciate your interest in the subject property and look forward to working with you in the future. Sincerely, V� Mr. J. E. Stephens, Jr. President JES/saj Enclosure The ExOwnge Nalioml Bank of Lake Counly 6W t_ 11,61 xly fo Y., B.. J9 CI,,m t. {lend, 31711 1'JOII 3-2111 M�mdn E.Neiye Oxnm.paNlnt ' oP•rtatr Acitultr•rn:Frr TIILS AGREEMENT by and betwurnl the Cpi"I, OF• (II,F:ItPjot41I', a municipal corporatiun orgnuizud and exiating under the lawn of the State nf' Florida, hereinafter referred to as "City", and THE EXCHANGE NATIONAL BANK UF LAKE COUNTY, hereinafter referred to as "Bank" entered into thin day of _, 1970. WHEREAS. the Bank is Lhu owner of the following -described real property, hereinafter referred to an Parcel "A" (See Appendix "A"). In consideration of the premines, Bank grants unto the City an exclusive opLian to purchase the nbova-duncribed property upon the following conditions: I. Considerntion. The price of thu Option to Purchane in ONE THOUSAND AND N0/100 DOLLARS ($1,000.00), which amount Shall be credited towarda the purchase price if the Option 1s exercised. If the Option is not exercised, the Option monies remain the property of the Bank. II. Option Period. The term of this option shall be 60 days, commencing on the day of , 1978. III. Purchase Price. Tile full purchase price is ONE HUNDRED THOUSAND AND N0/100 DOLLARS ($100,000.00), payable in ten (10) equal annual installments plus interest at the rate of five per cent (52) per annum. Prepayment may be made without penalty. 1V. Exercise of Option. I'he City may exercise this option by giving written notice to the other party before the termination of this Option. V. Proof of Title. The Bank shall deliver to City a title insurance binder in the amount of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) insuring the title to the property to be free and clear of all defects and encumbrances except the lien for ad valorem taxes for the year 1978. In the alternative, at City's option, an abstract of title certified to date may be submitted evidencing the title to the property to be free and clear of all defects and encumbrances. The City shall have fifteen (15) days in which to examine the title insurance binder, or abstract of title, whereupon thin transaction will be closed within fifteen (15) days. HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711 VI, Can^ nyn ica )f l'I t�ir. Cunvuynnco of t1.1:10 01111 L bit by warranty Dead free and clunr of alL encumbraneau and Item ❑xropL as horein pruvLdod, VLI. I:x�?n wr•��, Bank uh.rl 1 pay thu nxpannoa clmnuctad with convoying the property, Including, but net 111"Ited to tba cant of thin innurauca, or abotrncta, Htntu SLpoglu on Warranty Dood, 11nrL4x ou Warranty Dood, and any expenaon related to clearing the LiLla. Ad valorem taxep ,)hall be pro-rnted no of the date of closing. V11I. 'll aectlua�yi tluV i!emipoa. City phull be entitled to cuter Lite property upon exercise of Lite Option for purpoaca of lnspa Lion, purvey, and determining the condition of the constructiun, which uhall not cnnptitute it waiver of any warrnotlen of construction. IX. Insurance. Bank shall continue to keep in force adequate insurance for fire, casualty and liability during the option period. Bank agrees to hold the City harrnleus for any damageu or causes of action unless the City is found to be negligent and liable therefor. X. Binding Effect. This Option shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns, - _. CITY OF CLERMONT Attest: By: Claude E. Smoak, Jr., Mayor Dolores W. Carroll, City Clerk THE EXCHANGE NATIONAL BANK OF LAKE COUNTY By: STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this day of 1978, by CLAUDE E. SMOAK, JR. and DOLORES W. CARROLL, Mayor and City Clerk of Lite CITY OF CLERMONT respectively. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this day of 1978, by of THE EXCHANGE NATIONAL BANK OF LAKE COUNTY. Notary Public My Commission Expires: HOVIS AND BAIRD, A` •RNEYS AT LAW,1 DRAWER 848, CLERMONT, FLORIDA 32711 APPENDIX "A" Lots 1, 3, 5, 7, 9, and 10, the North 10 feat of Lot 2, the South 40 feet of the Eant 119 feet of Lot 2, the East 119 fact of Loto 4 and 6, the Weat 19 feet of I.ot 8, the North 10 fact of the East 31 feet of Lot 0, Block 77, nccording to the plat of the City of Clermont, an recorded in Plat Book 89 pngan 17 to 23, incluaiva, Public Records of Lako County, Florida, December 20, 1977 Clermont City Council Clermont, Florida Attention: Cordon Tiffnny, City Manager Dear Gordon, Please find below an outline regarding our commitment to ser.l. to the City of Clermont the old bank building located on Montrose Street in downtown Clermont. The sales price of the existing building and land in its present condition together with the property that adjoins the bank building to the West is offered to you for sale at the price of $116,900. We would give you the option for 60 days to purchase the aforementioned properties for the consideration of $1,000.00. The option money will be deducted from the sales price of $116,900 if the city purchases the subject properties. If the city does not purchase the subject property, the option money would be forfeited by the city. Included in the option, we agree that any time during the 60 day period of time that the city informs-thebankthat -it ie ---- going to exercise its option, then the city has an additional 120 days upon which to close the subject trnnsaction. During the time that the city has an option and during the 120 day period to close, the city has the right of ingress and egress to the subject property. When the city exercises its option to purchase, our bank will finance the subject sale for the city based on a ten (10) year amortization at the sales price with an interest rate of 5%. There will be no prepayment penalty in the mortgage. At the time the option is exercised and the purchase is consummated, there will be a pro -rate of taxes on the subject properties. At this time I am not in a position to offer the old bank 'building and property for sale independent of the adjoining real estate. The bank's Board of Directors will have to approve any offer received that is different from that which is quoted above. If you have any questions regarding this commitment, please contact me. Sincerely yours, a Mr. J. E. Stephens, Jr. President JES/saj The Exchange National Hank of Lake Counly 690E+II afiph—) SO I'.O. Ou. 99 Ct,,..,l. Florid. 32711 190619'N-911, 6 llw E.rJ N, LlenewwwN Accent on CulLure Nla o,lb/�ltd 674 WC57 IIIGIIWAY SD . CLCNMON7, 11LOIIIOA ],III . 161.79A41M Janunry 9, 1978 Clermont City Council City Ball Clermont, Florida 32711 Gentlemen: I wish to make application for the use of Jenkins Auditorium for the presentation of our "In Town Tonight" Show on the following three dates: 1. Thursday, February 16, 1978 2. Thursday, April 13, 3.978 3. Thursday, May 18, 1978 Each show will commence at 7:30 P.M. and will finish at approximately 9:30 P.M. --- It should be pointed out that the above dates werereserved.. for Accent on Culture, Inc. by the Director of the Chamber of Commerce, between the months June and September, 1977, at a fee of $20.00 per booking. The attached list of programs has been advertised by poster and press since October of last year and 40 copies were given to the Recreation Club during the month of November on the occasion of a banquet they held in the Tennis Club. Tours t y, Sidney L. Young , Chairman Accent on Culture Supported By- The Mayor of Clermont, CLAUDE E- SMOAKs JR., JUSttaate Re resC. en ative' JUDGE-RO CY ALDWJ S., COLONEL R. W. WATERS, RICHARD H. I.ANGIM, P ID STEPH1 35, President Exchange National Bank, GEORGE SCHROEDEL and BEN BLACILBURH, Councilmen, W. HEINRICH, Chiropractor, The REV. J. FORTE, The REV. W. SF�TZ, The REV. H. KILDAHL The REV. D. ZOLLER._The REV. RUSSELL CARR, The REV. H. L. BARBE}�, CHARLES BEALS, SIDNEY SPARKS, The CLERMONT CHAMBER OF COHI RCE, WrIFL RADIO,•LAKE ABSTRACT & GUARANTY COMPANY.