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04-26-1977 Supporting DocumentsMINUTES S NQ .I.400 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 26, 1977. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Schroedel and Blackburn. Other officials present were: City Manager Tiffany, City Clerk Carroll, Finance Director Sanchez, Director of Community Services Smythe. Others present were: Ms. Maureen Hurd, Mr. & Mrs. Bob Bloebaum, Mr. & Mrs. Bob Eyerly, and the Messrs. Sanchez, Sargent, and Ritchie. The invocation was offered by Councilman Byrd followed by repeating of the Pledge of Alleginance in unison by those present. The Minutes of the Regular Meeting held April 19, 1977 were approved as written. VFW PARK. PROPOSAL Mr. Elbert Ritchie, Adjutant of the local VFW Organization, appeared before Council to advise that the local Post would be unable to sub- lease the county owned vacant property adjacent to their building as previously requested, due to the cost of the required insurance, but desired permission to develop the property into a "Veterans Memorial Park" as had been suggested by City Manager Tiffany. Motion was made b Mayor Smoak, seconded by Councilman Blackburn and unam mously carried that permission be granted as requested sub3ect to prior approval by the City Manager on all proposed improvements to the property. It was the suggestion of Mayor Smoak, and Council was in - --- agreement, that City Manager Tiffany formulate a set of Rules and Regulations in writing for a guideline to the VFW and public for use of the property, and in conjunction with the VFW, stipulate a minimum time frame for notification, should the City desire use of the property for city purposes. PROPOSED MUNICIPAL PRISONER HOUSING AGREEMENT City Manager Tiffany reported on receipt of a proposal from Lake County Sheriff Malcolm McCall, to which he had been invited to comment, wherein there would be fees imposed on Lake County Municipali- ties, and certain liabilities to be assumed by them, for the housing of municipal prisoners in the Lake County Jail; That his response had been in disagreement, as such would exemplify a double taxation to municipal tax payers inasmuch as they are presently supporting the county jail through their ad valorem taxes; and, That he was desirous of Council's feeling in the matter. Mayor Smoak advised that the Tax Equalization Committee had considered the proposal, and would be taking an unanimous stand in opposition to it, in their meeting to be held with the County Commission. Motion was made by Councilman Bvrd seconded by Councilman Blackburn and unanimously carried that City Manager Tiffany and City Attorney Baird prepare the necessary document for presentation to the County Commission, to unanimously reject the proposal as submitted by Sheriff McCall for the housing of municipal prisoners, and to incorporate the comments as contained in the City Manager's response letter of April 15th, in such document. It was the suggestion of Mayor Smoak that copies of the completed document be forwarded to the Lake County League of Cities and each member municipality in the county, along with a cover letter soliciting their support in opposition to passage of such a proposal. STREET IMPROVEMENT PROGRAM City Manager Tiffany advised that the heater -planing segment of the street improvement program had been completed, and with an approximate lapse of one month before the Slurry -Seal contractors would begin that segment, it would be determined which of the streets that had MINUTES N91.101 been heater-planod would require the addition of slurry -seal to complete the job, but it appeared presently there would be less than originally anticipated; and, That the repaving portion by Macasphalt• Corporation had been completed in the area west of East Avenue and north of Highway P50, and would be moving to the portion south of Highway #50. Mayor Smoak opined that it was a very good capping job in progress, and he conmended Messrs. Tiffany and Smythe for their close contact with the contractors during the program. In pursuit of a quality finish job, Mayor Smoak inquired if Council would be in agreement to authorize an overall 1" capping for certain areas now proposed for patching with slurry -seal, whereupon motion was made by Councilman Byrd-Byrd-L seconded b Councilman Schroedel an unan mousl carte that an amen ment to t e oavirmcontract be ma a to provide Fa ca ng of the parking area on nneo a Avenue between trose an Desoto Streets; and all of East Avenue, south from Highway WTO—t—o—MT—nnehalia Avenue, at an approximate cost o 4 0 . PROPOSED ADDITIONAL SOFTBALL FACILITIES Mayor Smoak advised that the Lake County School Board has taken affirmative action in approving the use of the Elementary School property for construction of softball facilties for use by municipal sanctioned activities at any time other than when scheduled for organized school activities; That he had contacted all the local organizations that would be utilizing the facilities to solicit their - support in the funding, and had received firm commitments todate from some; That the County Commission had agreed to furnish a survey crew to lay -out the field, shoot the elevations, furnish all the dirt fill and clay necessary for leveling, furnish the equipment necessary for leveling,and were presently checking the possibility of acquiring 55" telephone poles for lighting; That he had submitted approximate cost figures and schematics, as formulated by Messrs. Tiffany and Smythe, for Council's perusal and consideration; That he had determined from City Manager Tiffany that budget contingency monies were available; and, That he would thereby move that authorization for funding of the lighting and develo ment of the softball facilities and the develo ment of li htin for the tennis courts be authorized in an amount not to exceed 7500 00 The motion was seconded by Councilman Byrd and unanimously carried City Manager Tiffany was requested to contact the county survey crew in pursuit of immediate construction. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the bills be paid. A copy is attached hereto. MARSHLAND STUDY Mayor Smoak reminded Council of the 10:00 A.M. meeting time on Monday, May 2, 1977 with members of the Cnunt,y Commission, Lake County Pollution Control Board, Lake Waterways Authority, and Drs. Zoletk and Bayley, to visit on -site the initial testing of the marshland study. CITY TENNIS COURTS RESERVATION POLICY City Manager Tiffany reported that, following his observation of the two Clermont Tennis Club sponsored tournaments, for which the Council had granted permission for reservation of the courts, he had determined that there is a demand for such organized tennis activities, and the participation on Saturday morning and Sunday afternoon had been about equal; That during the hours of reservation, the courts at the Elementary School were available for play by those not participating in i} the hurnaments; and, That he would therefore recommend that the courts " be ter-erved for the Clermont Tennis Club for one -half -day each month, MINu•r.Es M1402 wjth the clay and reservation time being the same each month. Motion ylas made Councilman Blackburn seconded by Councilman Schroei(eF_ aR—Ea—rrie tat t o C ti y i�a-na�Cer s recommenUaHon a accepte .� ORDINANCES Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, AMENDING THE OFFICIAL ZONING MAP, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES: RE -ZONING THE REAL PROPERTY DESCRIBED HEREIN FROM R-1-A ZONING CLASSIFCATION TO R-1 ZONING CLASSIFICATION, and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Mayor Smoak requested that City Manager Tiffany, prior to the second reading and consideration for adoption of this Ordinance, to provide Council with a detailed zoning map of the entire area, outlining the portion petitioned for re -zoning and zoning classification of the abutting areas from Lake Shore Drive easterly to Highway # 27. Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF BOWMAN STREET, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF DREW STREET, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 8:23 P. M. e ' ' — Dolores W. Carroll, City erk Claude E. Smoak, Jr., mayor ACCOUNTS PAYABLE APRIL 1977 GENERAL FUND Advance Electric (Light Fixtures -Barn) 99.80 Batteries By Fisher (Battery) 24.40 Cal flagatrom (Copier Rentnl) 179.38 Clcmuntu' (Pont Control) 10.00 Colonial Chry-Ply., Inc. (Seal Kit) 3.60 Willie E. Creech (Plumbing -Beach) 20.00 Eckord Drugs (Film & Prints) 7.50 Engel's (Uniforms) 172.19 Fla. Telephone Corp. (Utilities) 341.58 Fla. Power Corp. (Utilities) 4612.58 Goodyear Service Store (Tires & Tubes) 123.41 Novis & Baird (Legal Services) 127.50 Hughes Supply (Fuses) 97.64 Inland Equip. Co. (Auto Repair Parts) 98.69 Konsler Steel Co. (Sheet Exp. Metal) 27.00 L. W. Distributors (Battery Additive) 39.00 Macasphalt Corp. (Hot Mix) 37.13 Office Equip. Exchange, Inc. (Contract Renewal) 30.00 Motorola Inc. (Radio Maint.) 105.50 Safety-Kleen Corp. (Oil Filters) 66.60 Orlando Paving (Asphalt) 54.43 W. M. Teal (Petroleum Products) 663.76 Williams Brothers (Auto Repairs) 46.05 8137.82 UTILITIES DEPARTMENT Allied Chlorine & Chem. Products (Chlorine) 243.00 B & H Sales, Inc. (Pipe & Meters -Marshland Study) 1254.04 Fla. Telephone Corp. (Utilities) 80.96 . Fla. Power Corp. (Utilities) 4245.62 Goodyear Service Stores (Tires & Tubes) 21.25 Hughes Supply (Inventory & Marshland Study Supplies) 1739.97 Orlando Laboratories Inc. (Chemical Determination) 73.00 Springstead & Assoc., Inc. (Marshland Study) 90.00 United Plastic Products Co. (Fiberglass Sheets -Marshland Study) 178.20-c 7926.04 TO: City Council FROM: City Manager SUBJECT: Tennis Courts Reservation Policy DATE: April 26, 1977 At the March 22 meeting you requested that I submit my recommendations on reserving the Kehlor Park tennis courts for activities sponsored by the Clermont Tennis Club. The Tennis Club has sponsored two tournaments for which the Courts were reserved: Saturday morning, March 26, and Sunday afternoon, April 17. The tournaments indicated (1) that there is a demand for such organized tennis activities, (2) that Sunday afternoon and Saturday morning participation was about equal, and (3) during the tournaments the four courts at the Elementary school were available for play by those people not participating in the tournaments. I think that the City should encourage the Tennis Club in its recreational program by allowing the courts to be reserved for their organized activities one half -day each month. To help non-member tennis players to know what times the courts will be reserved, a regular time should be set up, such as the first Saturday morning of each month from 9 A.M. to 2 P. M. Additional special event reservations could be approved on a case by case basis either by me or by the City Council a month in advance to allow time for publicity. Cathie Bloebaum, Tennis Club President, will attend tonight to discuss the matter. Gordon Tiffan Y cc: City Clerk (4/26/77) TO: City Council FROM: City Manager SUBJECT: VFW Park Proposal DATE: April 19, 1977 A requirement of the lease from the County that we have on the lot next to the VFW property on DeSoto Street is that a minimum $100,000 insurance policy be carried. The VFW would have to pay about $250 per month to assume this insurance, and they feel that the expense is too great for them. In place of a lease of this property to the VFW, I suggested to Elbert Ritchie, VFW Commander, that the City grant the VFW permission to develop the lot as a public "Veterans Memorial Park", with plans to be approved by the City. Mr. Ritchie plans to attend Tuesday's meeting. I recommend granting permission as outlined above. ZdonTiffany G cc: City Clerk (4/26/77 Agenda) 1 I 0('I rrnrrl A 1 Vwoul Gnlo PIuT• • CI•rmnnl, Flundu 3P11 • Phnnn. (VOA) 3M•3141 April 15, 1977 The Honorable Malcolm McCall Lake County Sheriff 16 Texas Avenue Tavares, Florida 32778 Dear Sheriff McCall: Thank you for giving us the chance to comment on the draft jail services agreement. Our major concern is that the agreement anticipates that the Cities would pay a fee to the County to house prisoners. Our residents have already paid to support the jail through their ad valorem taxes. An additional charge would be an example of double taxation, and would be unfair to municipal residents who would be paying more than residents in the unincor- porated areas for the same service. Another concern is that the proposal requires the Cities to hold the County harmlessfor claims arising out of boarding prisoners at the jail. Since the municipality would have no control over what happens once a prisoner is in your custody, we could not assume responsibility for events in the jail that are beyond our control. Emergency medical expenses should be a part of regular jail expenses and not charged to municipalities. The term of the agreement should coincide with our common fiscal year and be automatically renewed unless changed by mutual agreement at least 90 days before the end of the fiscal year. It is not clear whether our Officers would be required to escort prisoners, once in your custody, to and from court. I assume that the reference to the responsibility for transporting prisoners does not refer to transporting to and from court. With the unfortunate elimination of the Municipal Court system, we now have an opportunity for the County to serve all of its residents equally by FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY Page 2 i The Honorable Malcolm Mcall April 15, 1977 assuming full responsibility for housing i)risoners whether they are arrested in municipalities or in unincorporated areas. [ hope that we can take advantage of this opportunity. Best personal regards. Si nc re//ly o don Tiffa City Manager / GT/md cc: Chief Tyndal bc: Mayor Claude E. Smoak, Jr. Calvin Glidewell, Leesburg Jerry Blake, Minneola MUNICIPAL PRISONER HOUSING AGRELMENT THIS AGREEMENT entered into this day of 1977, between the Lake County Board of County Commissioners, hereinafter referred to as Lake Comity, Malcolm McCall, as Sheriff of Lake County, Florida, hereinafter roforred to as Sheriff, and the City (Town) of Florida, hereinafter referred to as City. RECITALS WHEREAS, Florida 'law has abolished the municipal Courts in the State of Florida and required the County Court Judges to try all municipal offenders, and WHEREAS, the City does not operate or maintain a municipal jail and has no facilities for housing municipal offenders, and WHEREAS, the City desires to use the County Jail for housing persons arrested, charged, or convicted of: violating a municipal ordinance or the Florida Uniform Traffic Control Law, NOW THEREFORE, in consideration of mutual covenants and promises, the parties agree as follows: 1. Lake County and the Sheriff hereby agree to allow the City to house municipal prisoners in the County Jail at Tavares, Florida. For purposes of this Agreement, a "municipal prisoner" is defined as any adult person who has been arrested, charged, or convicted of violating a municipal ordinance or the Florida Uniform Traffic Control Law. A person arrested for a violation of the Florida Uniform Traffic Control Law shall be deemed a municipal prisoner only if he was arrested within the municipal limits. 2. The Sheriff, or his agents, servants, or employees, agree to board and maintain municipal prisoners in the County Jail at Tavares, Florida, 24 hours a day, seven days a week, upon request of the City or its Police Officers. 3. The City agrees to pay the County or Sheriff the sum of per day for each municipal prisoner housed d' in the County Jail. A "day" shall conui.ut• of one consecutive 24 hour period, or any fraction thereof. 4. The Sheriff agrees to fred municipal prisoners during regularly scheduled mealtimes. The Sheriff shall also provide occurity cells and guards for all municipal prisoners in the County Jail. The Sheriff shall not be responsible for transporting municipal prisoners to or from the Jail unless lie voluntarily accepts such responsibility. 5. The Sheriff, or his agent, servants, or employees, agree to provide emergency medical or dental aid for all municipal prisoners confined in the County Jail, provided however, the City shall reiraburse the County or Sheriff for the reasonable costs of medical or dental treatment received by municipal prisoners. 6. The City agrees to hold harmless the Board of County Commissioners of Lake County from any claims or demands, of any kind whatsoever, either direct or indirect, which the City may have, or which may arise out of, boarding and maintaining municipal prisoners in the County Jail•. IN WITNESS WHEREOF, the parties have executed this Agreement at Tavares, Florida, on the date first above written. 7. The City agrees to hold harmless the Sheriff's Department of Lake County, Florida, Sheriff Malcolm McCall and the Deputy Sheriffs and other employees of the Sheriff's Department of Lake County, Florida from any claims of false arrest or false imprison- ment or other claims for injury or damages growing out of the arrest or charge by municipal police officers or officials. 8. This Agreement shall automatically terminate on the last day of each year unless renewed and extended in writing by the parties hereto 30 days prior to the last day of each year.