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09-14-1982 Regular Meeting - CITY OF CLERMONT ~ MINUTES REGULAR MEETING September 14, 1982 A Regular Meeting of the City Council of the City of Clermont was held September 14, 1982 in the City Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Hoskinson, with the fol- lowing Councilmen in attendance: Hal Turville, Michael Conley, and Bob Pool. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. The Invocation was offered by City Manager Forbes, followed by re- peating of the Pledge of Allegiance by all present. MINUTES A motion was made by Councilman Turville, seconded by Council- man Pool and unanimously carried to approve the minutes of the September 9, 1982 Special Meeting with the following correction under Minutes: Change "a motion was made by Councilman Conley to read "a motion was made by Councilman Turville"... CITY MANAGER'S REPORT UPPER PALATLAKAHA BASIN COMPREHENSIVE STUDY City Manager Forbes stated that there would be a Technical Meeting of the Upper Palatlakaha Basin Comprehensive Water Study on September 15, 1982 at 10:00 a.m. "INTERVENOR SUIT" - FLORIDA POWER'S MS-l RATE SCHEDULE 82-139 City Manager Forbes reported that he and Finance Director Saunders had attended meetings on Florida Power's new rate sche- dule which deletes the MS-l (Municipal Service) Rate and trans- fers the fees to the General Service Rate. Under the new rates, an average increase would be 18%. He further explained that the City of Clermont and many other cities have sent Resolutions in opposition to this rate increase, however, the only way for the cities to have an impact on these proceedings is to file an "Intervenor Suit" with the PSC. Legal costs to file this suit would be about $400 for the City and Mr. Forbes requested a $400 appropriation to join the suit with the other cities. Mayor Hoskinson stated that originally the suit was to be initiated through the Florida League of Cities but now the City of Clear- water was spearheading the suit. After much discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED TO APPROPRIATE $400 FOR LEGAL FEES FOR THE CITY OF CLERMONT TO JOIN AN "INTERVENOR SUIT" WITH OTHER CITIES IN FLORIDA AGAINST FLORIDA POWER'S NEW RATE SCHEDULE. JENKINS AUDITORIUM - PAINTING AND AIR CONDITIONING DUCTS City Manager Forbes explained that the painting of Jenkins Auditorium is now complete. While checking on the painting, he discovered that the air conditioning ducts in the building were made of cardboard which has deteriorated in many places. and is a source of energy loss. He stated that he was investi- gating the cost of replacing the inefficient ducts and would get back with the Council later. ELKS' CLUB FALL FESTIVAL 82-140 City Manager Forbes stated that he had been contacted by Gerald Shepard of the Clermont Elks Club requesting that the City close a portion of Montrose Street between the City Parking Lot and Seventh Street for their Fall Festival. After some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED TO ALLOW THE ELKS' CLUB TO HOLD THEIR FALL FESTIVAL SATURDAY, OCTOBER 23, 1982 AND CLOSE MONT- ROSE STREET BETWEEN THE CITY PARKING LOT AND SEVENTH STREET, IF e CITY OF CLERMONT e MINUTES REGULAR MEETING September 14, 1982 Page -2- THERE ARE NO OBJECTIONS FROM THE LOCAL MERCHANTS ON MONTROSE. ST. JUDE'S BIKE-A-THON 82-141 A request from Beta Theta Sorority was presented requesting the use of the streets in Margaree Gardens for a B~ke-A-Thon on October 2, 1982. After some discussion, -AMOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMANT'URVILLE'-ANDUNAN-- IMOUSLY CARRIED TO ALLOW BETA THETA. SORORITY -TO US-E ''rHE S-TREET IN MARGAREE GARDENS FOR THEIR ST. JUDE' S IHK.t: A 'l'tlUl\I 0l':J OCTO BER 2, 1982. FINANCE DIRECTOR'S REPORT BIDS FOR NEW TELEPHONE SYSTEM FOR CITY HALL Finance Director Saunders explained that the City Hall Telephone System n~eded to be upgraded because of the numerous problems being experienced with the present mechanical-type system. He also indicated that repair costs for this type of system are increasing yearly. Mr. Saunders explained that he had received proposals for a new electronic system from the following three companies: Florida Telephone Communications Equip. Co. Executone $6,155.00 $5,208.00 $6,821.00 82-142 The equipment proposed by Florida Telephone and Communications Equipment Company was identical. Finance Director Saunders stated that Florida Telephone offers a lease-purchase agreement which would allow the City to install the system and pay the first year's lease and line charges with money already budgeted for next year's proposed budget. Councilman Conley stated that he thought it would be cost-wise for the city to purchase the equipment from Communications Equipment Co., saving in excess of $2,000 by avoiding the lease-purchase agreement with Florida Telephone. After much discussion, A MOTION WAS MADE BY COUNCIL- MAN CONLEY, SECONDED BY COUNCILMAN TURVILLE AND UNANIMOUSLY CARRIED TO PURCHASE THE EQUIPMENT OUTRIGHT FROM THE LOW BIDDER COMMUNICATIONS EQUIPMENT COMPANY FOR $5,208.00 AND TO AMEND THE 1982-1983 FISCAL YEAR BUDGET AS FOLLOWS: UNDER THE FINANCE AND ADMINISTRATION PORTION OF THE BUDGET, REDUCE TELEPHONE EXPENSE BY $2,000.00; INCREASE CAPITAL OUTLAY $5,523. SOUTH LAKE WATER CLUB MEETING Councilman Pool reminded the other Council Members that the the South Lake Water Club Meeting was being held on Tuesday, September 28, 1982 at 7:30 in the Exchange Bank. STREET REPAIRS AT BLOXAM AND MINNEHAHA Councilman Conley reported that he had received a complaint regarding a pothole at the corner of Bloxam and Minnehaha. City Manager Forbes stated that he would check into this matter. COOPER MEMORIAL LIBRARY - COUNTY WIDE LIBRARY SYSTEM AGREEMENT Mayor Hoskinson discussed the proposed agreement with the County to provide a countywide library system. He stated he had not in- tended to vote on this matter tonight, but noted that the County Public Works and Development Director, Mike Willett was in the audience. He requested Mr. Willett to make any comments he wished on the library system. Mayor Hoskinson also asked city Attorney Baird if he had reviewed the agreement and what comments he would e CITY OF CLERMONT e MINUTES REGULAR MEETING September 14, 1982 Page -3- like to make. The City Attorney sta,ted that the only immediate problem he could see with the agreement was the Xactthat for this to be an interlocal agreement, both the County a,nd a,ll of the cities involved must sign the agreement. He sta,ted that he would withhold any further comments unttl he could determine exactly what the City wished to obtain from the agreement. Councilman Turville discussed the fact that the County was only budgeting $20,000 for one year, whereas the cities were tied into two years on this agreement. Mr. willett stated that the City was only tied into the agreement for one year, and upon ninety day notice before the end of the fiscal year could with~ draw from the system. Henry Czech, an interested citizen, asked the City Council how the Cooper Memorial Library would fit into this agreement because Cooper Memorial Library is not a City Library. Mayor Hoskinson thought this was a good question, and said he believed unless the City took title to the assets of the library, how could the City commit them. He believed that since we do not own the library assets, we cannot commit them as re- quired in the agreement. Councilman Turville asked Mr. willett how the bills would be administered, and would all the money for the system need to go to Tavares. He stated that there must be one central source which would receive the monies, but not neces- sarily the County government in Tavares. The agreement calls for a centrally administered source; which could be the City of Cler- mont, or any other City agreed upon by the cities participating in the agreement. 82-143 Mayor Hoskinson stated that he had every intention of having a proper public hearing before voting on this, and he was unsure if it would be appropriate to vote on the agreement at this time. Councilman Conley stated that he felt the Library Board had recom- mended this, that they have to work with the library everyday, and he felt we should have confidence in the Library Board to go along with their recommendation to enter into the interlocal agreement. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL THAT THE CITY EXECUTE THE PROPOSED INTERLOCAL AGREEMENT WITH THE COUNTY FOR A COUNTYWIDE PUBLIC LIBRARY SERVICE. Mayor Hoskinson stated that he believed he should support the public interest. The fact that the City was placing approximately $8.00 per capita versus the County's 20~ per capita to support the library would not be a good two way street. He stated that it seemed there should be a more compatible allocation of funds before such an agree- ment was entered into with the County. In order to insure the proper allocation of funds, Mayor Hoskinson offered the following amendment to the motion: Paragraph B, the 9th line down would be amended to read "a pro-rata share of funds will be received"... Paragraph C, the 2nd line down would be amended to read..."and financial support at least equal to the 1983-84 Fiscal Year amount and not below a pro-rata share at least equal to the amount of local funds contri- buted"... Mayor Hoskinson stated that these amendments were neces- sary to insure that the cities would get an equal percentage return on a pro-rata basis of funds involved. He also stated that the County should at least fund the County Library System on a pro- rated basis in an amount equal to what the cities have budgeted. THE PROPOSED AMENDMENT DIED FOR LACK OF A SECOND. Councilman Turville stated that he did not like the agreement's method of selecting members to the Lake County Library Board. He stated that if each County Commissioner District would be represented then districts without any library would have the same number of votes as the City of Clermont. Dayle Matthews, a member of the Clermont Library Board, stated that all we are requesting the City to do is be compensated for what we are already doing. She stated that the only thing the Library'w6uld~ :n - CITY OF CLERMONT - MINUTES REGULAR MEETING September 14, 1982 Page -4- required to do is drop the $10 fee for non residents. She did not believe that there would be a big influx of people using our library because the fee was dropped. Councilman Turville stated that he disagreed with Mrs. Matthews and did not see after the first year, how monies received by the City would be worth it.. He also stated that the library had already been funded through donations; and now that we have a nice library, we are asked to provide library service for the entire County. Councilman Pool responded to Mr. Turville's remarks by pointing out that the City's library is already open to any student within the County and any other County resident who wants to pay the $10 fee. The City is now only obtaining about $1,700 for providing this service to non residents and under the countywide system would be getting approximately $8,000 per year. The City had nothing to lose by entering into this agreement with the County. Councilman Turville responded that if the community loses interest in the library, we have lost a lot. Mr. willett stated that the $20,000 the County has budgeted for the system is better than the last six years, even though the Councilmen's comments may be well founded. He stated that the County Commission has not spent any money on a County Library System up to this time. Councilman Turville stated that we can always get into the County System later, rather than get out, and this must be the status of other cities who have decided not to sign the agreement. He also stated that even if he was for the County Library System, he would not sign the agreement for himself or the City because it was not a de- tailed document of exactly what would be required of the City. Councilman Conley stated that he believed that the Councilmen were sitting here debating for the library, and the Library Board has already made their decision. All the Library Board is doing, is asking the City to let them operate on a countywide basis. He stated that the Library Board Members are more familiar with the problems and operate the library on a day to day basis, and as stated before, we should go along with the recommendations of the Library Board. He stated that the City doesn't run the library, the Library Board does. Mayor Hoskinson responded that he agreed with the concept, but he could not go along with the proposed docu- ment. He felt that Cooper Memorial Library as a nonprofit corpor- ation should sisn the agreement with the County, not the City. He stated that he would have no objections with the Library Board sign- ing this agreement. Mayor Hoskinson then asked Mr. Willett if the City would be sending its checks to the County or Cooper Memorial Library if the City signs the proposed agreement. Mr. Willett stated that the City could send them to either the Cooper Memorial Library or the County, it would be up to the City. City Attorney Baird pointed out that Paragraph E of the agreement states that the local library board retains its autonomy. The only control the City has over the library is making a contribution. The library board is a separate entity. 82-143 Councilman Conley called the question and the voting was as follows: COUNCILMAN POOL, AYE; COUNCILMAN CONLEY, AYE; COUNCILMAN TURVILLE, NAY; AND MAYOR HOSKINSON, NAY. THE MOTION WAS DEFEATED. Councilman Turville stated that he would like to explain his vote, in that he voted in opposition to this agreement because the document was so loose~written, it was really a blind agreement. He further stated that he would not sign the document for himself, and certainly would not sign it for the City. If the County was really interested in a Countywide Library System, it would fund one. The $20,000 the County has budgeted for the system is just a token effort to get someone off their back and is funded so slightly that it could not possibly work. The City of Leesburg stated that they would not enter into such an agreement unless the County was willing to fund the agreement with at least $100,000. He stated that he agrees with this point of view. Mayor Hoskinson stated that he also agreed with Councilman Turville's comments. - CITY OF CLERMONT - MINUTES REGULAR MEETING September 14, 1982 Page -5- FILLING VACANCY CREATED BY COUNCILMAN THOMAS' RESIGNATION 82-144 Mayor Hoskinson stated that a decision should be made on the matter of filling the Council seat of Dennis Thomas who resigned effective September 14, 1982. Mayor Hoskinson, in calling for a Council decision, asked if the term "shall" in Section 11 (C) (1) of the City Charter meant that you will fill the vacancy. City Attorney Baird stated that "shall" did mean that the vacancy should be filled, but in the past the City has both filled the position and left it vacant; depending upon the length of time before the election. Councilmen Conley and Pool stated that if the seat was filled so close to the election, it would be the same as giving a stamp of approval to the person chosen to fill the vacant seat, particularly if that person chose to run in the General Election. Mayor Hoskinson stated that be believed we should proceed and fill the vacancy. After some discussion, A MOTION WAS MADE BY COUNCIL- MAN CONLEY, SECONDED BY COUNCILMAN TURVILLE AND CARRIED BY A THREE TO ONE VOTE NOT TO FILL THE VACANCY CREATED IN SEAT NO. 4 BY THE RESIGNATION OF COUNCILMAN DENNIS THOMAS. Mayor Hoskinson voted nay. APPOINTMENT OF MAYOR PRO TEM 82-145 Since Dennis Thomas was Mayor Pro Tern, Mayor Hoskinson called for a Council decision to appoint a Mayor Pro Tern. After some discus- sion, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN TURVILLE, AND UNANIMOUSLY CARRIED TO APPOINT COUNCILMAN CONLEY MAYOR PRO TEM. LIBRARY BOARD-LIAISON 82-146 Dennis Thomas was also Library Board Liaison, and Mayor Hoskinson called for a Council decision to appoint a Library Board Liaison. A MOTION WAS MADE BY COUNCILMAN POOL AND SECONDED BY COUNCILMAN CONLEY TO APPOINT COUNCILMAN TURVILLE LIBRARY LIAISON. Councilman Turville declined to accept the appointment and Councilman Pool withdrew the motion. A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED TO APPOINT COUNCILMAN POOL AS LIBRARY BOARD LIAISON AND A VOTING BOARD MEMBER. OLD BUSINESS RESOLUTION NO. 411 - MILLAGE RATE FOR FISCAL YEAR 1982-1983 82-147 Resolution No. 411 establishes the City of Clermont's Ad Valorem Millage- Rate for the 1983-1983 Fiscal Year's Budget at 2.793 mills or an adjusted millage rate that will raise an amount equal to $207,287.17 and was read by Mayor Hoskinson in its entirety. Mayor Hoskinson explained that the City's millage rate was less than the rolled back rate and asked for public comments. After some discus- sion, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RES. 411 -AD - - VALOREM MILLAGE RATE FOR FISCAL YEAR 1982-1983. VOTING WAS AS FOLLOWS: COUNCILMAN POOL, AYE; COUNCILMAN CONLEY, AYE; COUNCILMAN TURVILLE, AYE; AND MAYOR HOSKINSON, AYE. RESOLUTION NO. 409 - FINAL BUDGET FOR EXPENSES FOR THE GENERAL FUND AND REVENUE SHARING FUND FOR FISCAL YEAR 1982 - 1983, CITY OF CLERMONT 82-148 Mayor Hoskinson stated that Resolution No. 409 provided for a final budget of expenses for the general and revenue sharing funds as discussed in previous meetings and workshops. The only change to be reflected in this budget was the change under Administration to reflect the purchase of the new telephone system from Communi- cations Equipment Company. Public comments were requested and after some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, e CITY OF CLERMONT e MINUTES REGULAR MEETING September 14, 1982 Page -6- SECONDED BY COUNCILMAN TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 409 WITH THE FOLLOWING AMENDMENT: INCREASE THE ADMINISTRATION PORTION OF THE BUDGET IN SECTION I BY $3,523 FOR THE TELEPHONE SYSTEM. VOTING WAS AS FOLLOWS: COUNCILMAN POOL, AYE; COUNCILMAN CONLEY, AYE; COUNCILMAN TURVILLE, AYE; AND MAYOR HOSKINSON, AYE. THE RESO- LUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 410 - FINAL UTILITIES FUND BUDGET FOR FISCAL YEAR 1982-83 82-149 Mayor Hoskinson stated that Resolution No. 410 establishes the final utilities Fund Budget for the City for Fiscal Year 1982-83. The Mayor called for any public comments regarding this budget, and after some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 410 WHICH ESTABLISHES THE FINAL UTIL- ITY FUND BUDGET FOR FISCAL YEAR 1982-83. THE VOTING WAS AS FOLLOWS: COUNCILMAN TURVILLE, AYE; COUNCILMAN CONLEY, AYE; COUNCILMAN POOL, AYE; AND MAYOR HOSKINSON, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 408 - FINAL SANITATION SERVICE BUDGET FOR FISCAL YEAR 1982 - 1983 82-150 Mayor Hoskinson stated that this Resolution establishes the final budget for the City of Clermont's sanitation services. Public comments were requested. After some discussion, A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 408 ESTABLISHING THE FINAL SANITATION SERVICE BUDGET FOR FISCAL YEAR 1982 - 1983. VOTING WAS AS FOLLOWS: COUNCILMAN POOL, AYE; COUNCILMAN CONLEY, AYE; COUNCILMAN TURVILLE, AYE; AND MAYOR HOSKINSON, AYE. LAKE - SUMTER COMMUNITY COLLEGE AGREEMENT FOR USE OF OLD LIBRARY BUILDING 82-151 Ci ty Manager Forbes stated that the present agreement for U::E -'o~f the old library building in Clermont by Lake-Sumter Community College expires on October 1, 1982. During the July 27, 1982 Regular Council- Meeting, the Council agreed to extend this lease with the following conditions: The College would be responsible for repairs to the heating and cooling systems and would pay $20 per month grounds main- tenance and upkeep fee. Mr. Forbes met with Dr. Allan of the College and was informed that the College would be willing to pay for minor repairs to the heating and cooling systems but could not afford to pay the monthly maintenance fee of $20 because enrollment was down to 29 from last year's figure of 64. City Manager Forbes suggested that the City might want to extend the lease until next August, and at that time contact other agencies such as the County and offer them the building as a South Lake County Annex. Councilman Conley stated that we should honor the agreement only through this semester and then ask the College to assume the new agreement or find another building for their use. The College's actions seemed to indicate that they would like out of the agreement. Mayor Hoskinson stated opposition to forcing the College out after this semester because he felt that having the College in Clermont was an asset to the City. After some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECOND- ED BY COUNCILMAN POOL AND CARRIED BY A THREE TO ONE VOTE TO ALLOW THE COLLEGE TO USE THE OLD LIBRARY BUILDING THROUGH THE PRESENT SEMESTER AND THEN ASK THE COLLEGE TO ASSUME THE AGREEMENT AS SET FORTH DURING THE JULY 27, 1982 REGULAR COUNCIL MEETING OR FIND ANOTHER BUILDING FOR THEIR USE. MAYOR HOSKINSON VOTED NAY. e CITY OF CLERMONT e MINUTES REGULAR MEETING September 14, 1982 Page -7- BID AWARD - CITY HALL RENOVATIONS 82-152 City Manager Forbes reported that the bids for City Hall Renovations had been received. The bids were discussed, and a MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED TO AUTHORIZE THE FOLLOWING EXPENDITURES.FOR CITY HALL RENOVATIONS: BUILDING RENOVATIONS/PLUMMER CONSTRUCTION CO. MECHANICAL/KENNEDY COMPANY ALLOWANCE FOR CARPET & DRAPES $8,675.00 $3,264.00 $ 950.00 EMPLOYMENT AGREEMENT WITH CITY ATTORNEY BAIRD 82-153 City Manager Forbes stated that the Employment Agreement with City Attorney Baird expires October 1, 1982. Under the proposed Agreement Mr. Baird's retainer fee remains $500.00 per month, however, his hourly rate increases from $40 to $60. After some discussion, A MOTION WAS MADE BY ,COUNCILMAN CONLEY, SECONDED BY COUNCILMAN TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE NEW AGREEMENT WITH LEONARD BAIRD, JR. WITH A RETAINER FEE OF $500 PER MONTH AND AN HOURLY FEE OF $60. THIS AGREEMENT IS FOR FISCAL YEAR 1982-83. The Meeting adjourned at 9:45 p.m. ~~L~':_--- .M. oskinson, Mayor Attest: rn.