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12-19-1974 Regular Meeting --"':.'11" .." "...." - e e .' MINUTES Nt} 1100 RBDtJLAR MI!'Bl'ItIJ A ~J1..... Meet~ of the City Councll of the City of Clanu.lnt was held :In the Councll Q1A..i....as an '.l\1eBdq, DecEllbEr 19, 1r.1T4. The meet:f11g 188 balled to o:rdEr at 7: 30 P. M. by MQcr Claude E. SIDak:, Jr. with the toll.ald11g JlBli)ErS present: Coum:llmen Schroedel, Byrd, Bl.aclcb1m am Oswalt. Other of't1c1als present were: City ClErk Carroll, City Attamey Vascm, mrectcr of t!nrIlUrr1ty 8m'v1ces SD;ythe, City ManfJgel' Hcpk1rJs, Con1irolJ..eE' ~ am Chief" of Police~. othErs PE'e&ent were: '!he Messrs. Sargent, Havis am Czech. A representative of the Sent:1nel/star 188 also pt'eSent. The :rnvocat1an 188 given by Counc1lman Byrd, followed by repeat1ng of the Pledge of Al1~A1'1Ce :In mtlson by tmse present. The Mlmtes of the Regu1..... Meet~ held DecBllbm' 10, 1r.1T4 weN amerded as followB: m re: Va.rjanae Request by Iav1d HerIiel It 188 the ccmsensus of Councll tlBt billboards a.l.or8 State !ad 50 were mt ccms1stent with des:lred developDent .fer tl'Bt area. . v Councll felt thm'e 188 m lBrdship 6r1+.A1 1M:In the b1llboard b~ m&eed the re- au:fred 50' setback. .. ," m re: Pest control lard treatment at L:1.brary MQcr SDcak advised tlBt the city 1IOUl.d be glad to take care of this mttEr am referred 1t to City ManfJgel' Hcpk1rJs. It 188 the recollection of Ma.var SIDak: tlBt he IIIBde m carment. but rathlr tlBt City' It'BrIIgmt Jt)pldns advised tl'Bt he 1IJUJd check :Into the mttEr. City' Manager Hcpk1rJs COlJDurred nth this. In re: Spec:1al Meet~ of Councll It was consensus. of Councll tl'Bt Dm'e 1nf'omation was needed to DBke a determ1rBt1an em. this request, wbreupon mtion was IIIBde by Coum1Jman OmBlt, secorded by Counc1lman Byrd am carried, tl'Bt a Spec:lal ~ be called .fer DecBllbm' ll, 1r.1T4 .fer 5:00 P. M. :In the City ManfJgel"s ott1ce amlfto. ElbErt Ritchie be 1nv1ted to atterll eta. eta. '!he mttEr was to be h8nD.ed by ~:lal Meetjng. but ~ SIDak: did net call the Spec:lal Meetjng untll the IIm'I'dng DeceIDbm' ll. 1r.1T . . In re: ltbtion an Flood InsI.tNrJce ltQor SIDak: des:lred it to be a mttEr of record tlBt he voted Rqe em. passage of this mt10n "s1"1pl7 because I object to the JI8lD'Jm' 1n 1Ih1ch we were appraached by the lPederal (JovtQ,~_rt - either we accept thejr charges or they cut us oft. n The M:lnutes of the ftfwJ1R'I" MeetirJg held DecBllbm' 10, 1r.1T4 were then approved as &melded, am, the M:lnutes of the Spec:lal Meeting held DecBllbm' ll, 19'74 were approved as 1a'1tten. City lti1nBgm' Ibp1dns repcrLed as followB: '!bat J1.I3ge R. W. WatErS, 1,U) was scl1llrin1 M to appear bet'cre Councll this ~ 1'&1 advised tlBt he 1ICUl.d be wt of town ~ the holldap, but tl'Bt he des:!red to appear bef'cre Coumll at a latEr date with :reprds abol1shDent of DLU'J1cipal carts am new legI.slation which stBll becaDe ef'tective the nrst part of the new yesr regarding un1tarm speed1.qJ v1olat1on, tratfic bureau requjrEments, eta.: bt he mul.d rEIIdrJd Coumll of his NeIlD of DecEllbEr 12th regarding the AaD1n:lstrative P.E'Ocedure Act ef'tective J8l'JLJ81'Y 1, 1r.1T5 where1n it wcuJd be necessary to adopt rules tor schedul.1%8 of meet1ngs am pttepB1'&t1a1s of agenUls, eta. am tl'Bt he had ~ such a scp.,ln1 e far J8l'JLJ81'Y thru. June. A copy is attached lHreto j 'DBt:ln arciet' to carp]y with the li'a1r labor stamards Act ef'tective Ja.ruary 1, 1r.1T5 am to participate :In part:1al e.xea.pt1a1s .fer nre am police persame1, certa1n declamt1a1s - .........;1'70'11I,,. "oli'l__ - 'I~- , "I" -.- "rI"""--_-.", ..... ,,-- '""..--:,"',' "'P."'~ .........":"'_ ,~.. " , e. e e e MINUTES N91101 weN necessary far Coumll to DBke. Counc1lman Blackburn 'am carried be' ....em 1 cansecutive am tlBt of sh1tts stBll be tted he caJ.amar year 1r.1T5; bt with reprds his DIIII) to Counall DecBllbm' th regarding the var1a1s board am t!nIIIrt IlIs10n appointments ard/or reeppo:lnt~ael1ts to be JIIIdt, he muld rsrdDi them tlBt certa1n at the beards am cClllll1ss1cms require :Nnana1al disc1osure-.fer tmse people 1Iho 1D1ld be reappOOnted, the:!r d,...11'le 1IOUl.d be 30 days tran appo1nt.-rt j far tmse people 1Iho l'Bve been smwvmg, the:!r d~n11'le 1ICUld be _ 31st of 1975, am, '!bat ;lpIArrnch as the quest10n of a necessary Occupat1a1aJ. License far a carn1val had rot been ment1cmed at the meet1ng held DecEllJbmt llth, he :lzQ.dred of Councllit it be the:!r deldre to Eive the license fee jptAIIIIJOO as it Ell bell8 spcnsared by a non-protit organization. It was consensus of Councll tl'Bt EivirJg of this fee 1IJUJd m" ne WQ af'tect the benef'1ts to be provided ,to the VliW Olwmf,zat1on by the cam11mJ., Jl'l)tion 188 IIIBde Caum1JDBn OsElt secorded Caum1JDBn am carried tlBt the ca:m:f: be 0 neces oc license. voted, NQe, an passage of mt City Manager lbpldns subrd.tted an invoice to Coumll troD Nick Jones m the arromt of $75.00 far wcrk &me 1n regard the city"ball. BpBlJS10n am $l.25.oo for wcrk done ~ the city piEr, far a total of $200.00. ltbtion 'ias made by Camc1lDBn OsElt. seconded by Counc1JJl&n Scbroedel am carried tlBt this invoice be autbrized tor 1)B.VIIlent../ City Manager Ji)pldns reported an a l:!ne item of the budget 1n the carm.m1ty SErV1ces department, tlBt bemg the purchase of a pickup truck I $2700.00, am tl'Bt Bob lt1de li'ard 1Bd advised he would IIBke &VA11Ah!e to the city, a new 1973 FaE'd CouriEr P1ckup at a cost of $2500.'00 am he reo-.,.,~Iied tl'Bt it be autbr1zed. M:Jt1an 188 made by CounciJDBn Oswalt. secorded by Counc1lman Schroede1 am carried tlBt', this ~aiat1a'1 be accepted am the truck be lln'Chased. City It'Bnagm- !i)pld.ns repw.-Led tl'Bt he 1D1ld be em vacation tran DecEmbeE' 2Qtjh thru. J81'JL18.I7 6th, am tl'Bt Director of Carmun1ty &rv1ces ~, wcuJd be act~ City Manager 1n his absence. With reprds the OI1tstardlng 1nvcice tran &rJgmt UQneIAtlantic .fer wcrk done em. the H:lghJ.aDi Well, City ltmager Ibpldns ra~.Led tlBt to1l.oIdz8 his l!eStudy of the contract documents, ccm:rErenCe with Ml". CroImcz1, the eng1netr, am rev1~ of the tapes of the Councll meet1lp held em. _ 28th am June llth at 1d11ch t:fme the H1gbl..arIi Well project was discussed, it was his detemdnatian tlBt ne mention 188 IIIBde of an adjustment to the city it the hole was rot drilled to a 1000 feet-tlBt the' spec:lficat1ons called far approDmtely 1000 feet, am ttBt he 1'&1 1l1'IiErstood the objective to be tlBt of tmi1rJg adequate qua11ty am quantity of v_tEr 1Ih1ch 188 accaupl1shed at the 9J.~ foot level. With reprds the ~, the city agl'eed to $9.87 per foot it the cas~ was used, which it was rot. With reprds the 6" cas1Dg VB the 8" ~, Mt-. Crow8an advised tl'Bt aside traD the cost of the cas:f11g, the cost of ~ with one size as opposed to the otbBr:' 1ICUl.d be of m appNC:labJ.e dittErel'JCe. He thereupon advised tl'Bt he felt the eontractcr 1'&1 tul1'1l.led his obllpt1an m @POd ta1th as per the contract am I Begot1at1a1s which 1'&1 been made. M:Jtion was made Counc1J1lB.n seccnied Counc1lman Sclroedel. am carried tl'Bt the invoice tran :Atlantic the 8DDunt of .00 be pa:ld. ~~'.~,~~,~~o!~CSr.~",~ .';"~G~~~. With reprds the mttEr of exterd:fng nre protection beJorIi the city :um1ts at CJ.e.:\wnt, City Attorney Vasan repcrted tl'Bt f~ his study of the lbDe Rule B1ll am 1n canjU1'JCtion with the City Chr:1.'rtm', it 188 his op:lrd.a1 tl'Bt 1Ihen the ex1st1ng contracts expjre m _ of 1r.1T6, tl'Bt it 1D1l.d. be necesS817 .fer the Char1iEr to be amerded by refS'e1'Xh1m it Coum1l des:lred to entEr into new ccmtractual ,?i~, "-'"'-~,.,." . '''l-.... -.' ._.,.,....._~..... .e,',-'" " ''-.e.---:"...-.....-.---_'_":, ','~','..'-......y_......~.:e_--'.....e'.'- e- e e. MINUTES N9 ,,1102 agreements tar nre protection out&dde the city. ltbtion was IIIBde by Counc.11",", ~ seconded by Counc1Jman Blaclcbum am ca:rr1ed tlBt ro act1cXi 'be 'ta.Dr1. 'with ~ the ez1st:!lg cCl'l'tN.ctS. but tl'Bt ro new ccmtzoacts tar orotect:lDr1 outsjde the city' be issued. City Attamey Vasan repart.ed tlBt he was :In receipt of a PerauvtarJ Writ of f4uv'AnlJR entered by J1.I3ge lia11Ane Sturgis in the Mlrmeola Citrus Shoppe, Inc. VB the City of ClenrmIt case wheN1n tbe city is CCJIIIBlded to fcrthw1th issue a bn11i1~ pemd.t far the project referred to as the Cl7Btal Beach ~~It.S. Ml'. Vasan advised tlBt f~ his tlma.Jgh study of the lower carts ptOCeed:11'p am the subsequent Wl'it as IBrJded dolin, he felt there was adequate test:fDaJ;y far evidence :In the record upon which to support. the lower carts ~ am he 1IJUJd tbEref'are recx..I.d'd tl'Bt the City rot p.l1'SUe the mttEr further,. am authm'ize the iSSUfJJJDe of the build1rJg pmm1t. ltbtion was IIIBde by Counc1lman f\1ackb1m secCDled b CoIma1Jman and carried tlBt the rec-....--dation the Ci At be ace am tlBt Ci with the arilel' as ssued am issue the City Attamey Vascm. expressed deep gratitude to III!IJIbmos of the City Councll am the staff' at City Ball tar the1r graciousness slam am exterJded to he am IIWIIMr-S of his f"am:l]y in the recent death of his Fathlr. With l'e@'IU"ds tbe costs to the city for f\lrn1sh:fng 1rrigation watEr to W'111.. Baker, MIyor Srmk 1'&1 requested City MElrJageE' !i)pld11s to c~Ue a table of total costs e&pe.Ided todate trcm t:!me of ar:fglral ~ entered 1nto by the City am Ml'. Baker. Ml'. lbplc:1ns repal'ted tl'Bt the :fn1t:lal ~ 188 tar Nt'. Ba.lcEr to PBY $200.00 per yesr to the city far watEr supply am the city 1ICUl.d lease Ml'. Baker's ex1st~ jrr1gation 1Iell for $100.00 per year, ani, tl'Bt he foum ne record of eithlr party l'Bv:lr8 mmred tl'Bt agt'eEII1el'1t. He:f'l.1rtt1Er repart.ed tlBt :In Dee.... of,lr.1TO the city pntChased the 1rrigation Ell ~ f'raD. Ml'. Baker am an' &gr'eement was entered into where the city would provide 1Ihatevet' lD8.1nterImce am f\1el was necessary to keep the systEm opErable am tl'Bt the city had assumed am lDKred tlBt Bgt'eemsut t.nild*e. ltIQar SIDak: :flJQU1red of City Attorney Vascm., based em. the &gnIEIDellt documents which 1'&1 been tum1shed h:!m (1) is the city obl1gated to ~ Ml'. BB.km' with the power to get the watEr out of the grourd at the city's ezpense, am, (2) to tum1sh all the DB1ntenance, upkeep am f\1el to get the watEr wt of the grourxi to :lrr1gate his prupad,'y, :In othlr mrds, is the city 19"1 bourJi to operate l.Il'Jdmt the III8l'JrI!r which they pt'eSently are? Ml'. Vasan advised, based solely an the :1nf'amat1a1. tum1shed h:!m, tlBt it was Ob- / v:la1s em. the :race "Of t;b!:.1ease tlBt the city 188 onl3' obl1gated .fer the caI&rIBr year of 1r.1Tl as Iar as'the lIB1ntenance Sad fUel, etc. am with l'e@'IU"ds the 20 year lease which was signed in 1968 am which has rot been mrm'ed by eithm" party, he wcuJd ren- "I._II tl'Bt Nt'. BB.lar be advised tlBt he was in detaul.t am the city dec1A'J'Itt tl'Bt he has bNached the lease am now cans1dErs it rull am w:ld. Motion 1IlS IIIBde b Coum1Jman am seconded Counc1JDBn Blaclcbum tbat it am i Ii. t :te the mttEr am DBke art to 1 tenrdnate the st eements th Mt'. Baker. Camc:llmen ~ am ed. Aye. Camc1:lmen OstBlt am SImk voted Hue. The mDtIcn f'a1led to carry. It 1IlS the suggestion of :rtQcr SDcak, Coumll 188 :In agreement, tl'Bt City MB.nager Ibpldns contact Mt'. Baker am ezpla:1n to h:!m the :lntet.~~t1on of City Attorney Vascn of the documents tlBt we l'Bve am atteqrt; to negot1ate tar a rental fee far us1ng our equ1~ his own DB1ntenance fees 8l'Jd fuel costs. It 188 the op:fn1on of Counc1lman Byrd tl'Bt the city shcuJd net be :In the equ1p:1Er1t rental bu.Idness, tl'Bt an ettort should be IIIBde to sell the eng:lne back to Ml'. Baker. :rn.RrrlJch as City ltfaqrgEr !bpldns would be on vacat1an far the f~ t1K) 1IeekB, City Attamey Vasan agreed to evaluate the ex:lst1lJg ilOOllllJel'Its ~, contact Ml'. Baker as to his op:fn1ons of same, am repal't. back to CoImaU. ---_._--~,_.' . , . _., ....__, ,_. _ _'.... _, ,_..._ ._.. ...' .....,., '.r.'....', _."__...._...___"._...' .' ,..,..'t... ,'.. ..........,...:-..~_-,'.. ".. '.'1'1". ft_" ",_.. _ ~."'-":"o"':."..".", . e e e MINUTES N91103 CouncilJlaA B.vrd offered and'moved the adoption of a RESOLUTION supporting the MuniciPil Judges Association of the State of Florida in implementing Article Five of the Constitution of the State of Florida by adopting ~ New Municipal Circuit Riding Judicial System. The motion .s seconded by Council Os.lt and unanimouily carried. The ~ as read by ltQor Srmk, by title only, am the !l1mber 241 was ass::lgnecl to it. The 1n1t:lal draft of the proposed lease ~ for the doIInsta1rs of't1ce of city l'Bll by George E. Havis was discussed. '1bre was ro act1al taken an the mattEr . The ~ report an :fntS":bD measures-ef'f'l disposal wastelBtEr treatment plant sutm1tted by J)Dld.ns . Assoc:fates, 1m. as 1'&1 been requested by the lake County Poll11t1on Control Board, wad discussed at 1~. It was the opjn1on of Mayer SDcak tlBt the city is mw, am has been, do1r8 all tl'Bt it is oaplble of do~ witlD1t turther:f'1JB.m:lal assistance f'ran the li'edEnl OovemDent, am tl'Bt untll such t:!me as the Step II (ktant mDn1es are IIIBde aVA11Ahle, he 1ICUl.d not be :In f'avel' of ~ ~ :t\1rthI:r act1an ar ~ 81W !II)l"e DmJey. , As ~ .illlAfl1ed by the ~ far the r..... PetEr H. Johnsan property, DDtion 188 IIIIde by Coum:llmm OsElt, secorded by Coum1JJrBn ~ am carried that the City Manager proceed with the rEIIDVBl of the trees f'ran the p:ro~.t..Y', 'the necessary '_~ of same am plant~ to gt"BSs. The meet~ was adjaJmed by MQcr SIalk at 10:10 P. M. ~ur.J~~ tJ/ ~~ mAndlil! E. , Jr., Malm'