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03-16-1976 Regular Meeting . e e .. MINUTES NQ 1260 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 16, 1976. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Blackburn, Schroedel, and Byrd. Other officials present were: Acting City Manager Smythe, City Attorney Baird, City Clerk Carroll, Finance Director Williams, and Chief of Police Tyndal. Others present were: The Messrs. Beals, Wootson, Jameson, Pace, Czech, Crowson, Sargent, Mobley and Shepard. A 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 Oath of Office was administered by Mayor Smoak for the position of Council Member in Group No. 1 to Councilman-Elect Charles B. Beals, and he thereupon seated at the Council table and made welcome by members of the Council. The Minutes of the Regular Meeting held March 9, 1976, and of the Special Meeting held March 10, 1976, were approved as written. Elder Ira L. Wootson of the Church of God in Christ appeared before Council to again request permission to occupy their new church building prior to meeting the require..... ments for buffer strips and parking, however he did not have the necessary firm com- mitment in writing from the congregation as to a definite time schedule for meeting the necessary requirements, in order that Council might consider the matter. It was the suggestion of Council that Acting City Manager Smythe furnish the exact specifi- cations in writing as to what must be completed to meet all necessary requirements to Mr. Wootson, that Mr. Wootson present these to his congregation for a firm commitment in writing to sub9it for Council's consideration at their meeting to be held on March 23rd. Mr. C. A. Mobley, President of the South Lake Babe Ruth League, appeared before Council in support of their previously submitted request in writing that the city furnish the necessary funds for materials to remodel the concession stand at Bishop Field, with the necessary construction supervision and labor to be donated by members of the League. A plan of the proposed construction was submitted to Council for their consideration. In conjunction with this request, Council also considered a repQrt submitted by Acting City Manager Smythe as to his recommendations for improved lighting of Bishop Field within the funds limit as allocated in the '75-'76 budget wherein the 28 existing in- candescent lamps on the infield would be replaced with quartz lamps, and the switch gear enlarged to accomodate 600Amp wiring, which would eliminate the gross pewer over- load that presently exists. Council was in agreement with Mr. Mobley's request and the City Manager's recommendations, whereupon motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the budgeted funds up to $4,000.00 be released for the improved lighting as recommended by the City Manager, and $500.00 be released for materials to remodel the concession stand as requested by the South Lake Babe Ruth League. It was the opinion of Councilman Byrd that with the ever increasing costs for electrical energy, it might be prudent to restrict ball games held at Bishop Field to daylight hours only. Acting City Manager Smythe submitted his regular report, both orally and written, and a copy is attached hereto. With regards Council's desire to eliminate the necessity of the Chamber of Commerce Secretary returning to the Jenkins Auditorium during late night hours to collect rental fees, motion was made by Councilman Byrd, seconded by Councilman Beals and carried that: (1) Persons desiring to rent the building for commercial use and who has established a reliable background from previous use of the building, may utilize a time period up to, but not exceeding, seventy two (72) hours following use of the building, in which to satisfy the required fees with the Chamber Secretary during regular business hours of the Chamber office. . e e .. MINUTES NQ 1261 (2) Persons desiring to rent the building for commercial use and who have not experienced previous use, may, as shall be determined by the Chamber Secretary, be required to deposit an amount equal to the required rental fee and estimated percentage of anticipated gross receipts; with final satisfaction concluded with the Chamber Secretary during regular business hours of the Chamber office within a seventy two (72) hour period following use of the building. Inasmuch as the existing fees for use of the Jenkins Building were established by Council in 1967, it was the suggestion of Councilman Blackburn that the Acting City Manager review these fees in conjunction with the increased costs for maintenance of the building today as compared with 1967, and report back to Council. Mayor Smoak advised that inasmuch as the building had been renovated by the city to meet a need of the local people, he would be in favor of keeping the fees as minimal as possible in order to encourage use of the building. It was the suggestion of MaJor Smoak that the Afting City Manager obtain a classification breakdown of the various users of the building. Mr. Dave Crowson of Dawkins & Associates, Inc., appeared before Council to answer any inquiried that he could with regards the water and sanitary sewer improvement program now underway. With regards the installation of a pump and motor at the Seminole Well, different from that called for in the specifications and without ben- efit of a ehange order approved by Council, Mr. Crowson advised that a verbal agreement had been effected between the contractor, the engineers, and the city ad- ministration for a change in the RPM'S that were in the specifications in order to correspond to the other existing pumping units in the city, but that a change in the motor size had not been considered. Mr. Crowson was requested to evaluate the in- stalled equipment and submit a recommendation to Council for its acceptance or rejection, and, obtain the cost difference of the installed equipment to that as had been specified. With regards inquiry as to the engineers recommendation for use of cast iron pipe in the water line extension south on Highway #27, as ppposed to PVC pipe now used by many municipalities at less cost, Mr. Crowson advised that the cast iron pipe had a greater pressure class rating which would provide a safety factor in this particular location inasmuch as there was an appreciable elevation difference between the pipe and the static water level in the Highland Avenue elevated tank. He further advised that the ability to withstand pressure stresses was reduced by approximately 50% in PVC pipe over a ten year period. Mr. Crowson did not advise, however, that PVC pipe would not be acceptable in Clermont. City Attorney Baird reported to Council that following his review of the city's position With Michaels-Stiggins, Inc. with regards the problems arising from the sanitary sewer percolation ponds as proposed by them, it was his conclusion thal the city has a cause of action against them and would recommend that litigation be commenced. Motion was made by Councilman Blackburn, seconded by Councilman Beals and unanimously carried that the City Attorney's recommendation be accepted and he be authorized to proceed. City Attorney Baird reported to Council that following his review of the sanitary sewer connection problem at the Souhh Lake Press building, it was his opinion that the city's obligation had been fulfilled at the time the collection line had been layed and a building line sewer lateral installed at the northeast corner of the Press property. He further opined that following this installation, sewer service had been made available by the city and there was no provision for the waiving of the monthly sewer charge. It was the opinion of Councilman Byrd that because the collection line had been installed at a higher elevation than the existing plumbing in the Press building thereby making it impossible for a hookup to this line, the city had not made the sewer service available and was still obligated to do so. Mayor Smoak inquired as to the desire of the property owner, and he was advised there had been no com- munication from them since July of 1975 at which time they had requested an immediate refund of the sewer assessment and monthly sewer charges. Mayor Smoak thereupon requested that Acting City Manager Smythe obtain the present desire of the property owner, in writing, and the matter be considered at the meeting to be held on March 23rd. . e e - MINUTES NQ 1262 Mayor Smoak reminded Council and all others present of the terrific rate increase that has been requested by Florida Telephone Corporation and the threat by Congress to end the federal revenue sharing program at the end of this year, and urged that all communicate with the local legislative delegation to oppose same. He advised that if the federal revenue sharing program is allowed to end, the ad valorem taxes in the City of Clermont would have to be increased 1.6 mills, a 32% increase. Mayor Smoak asked that Council members formulate their ideas of a desired procedure to be followed regarding change orders of any contractual arrangements obligating the city, for consideration at the next meeting to be held on March 23rd. Mayor Smoak reported he had received a communication from Mr. Orrin Ward, Mayor of Minneola, expressing sincere appreciation to Council for the excellent cooperation extended to them in the recent Resolution adopted by Council in support of their request that the Minneola Post Office be maintained and not phased out as had been proposed. Councilman Schroedel reported that he had been contacted with regards a dangerous traffic control problem existing at the intersection of Hook Street and Lake Shore Drive, and inquired if something could be done about it. Acting City Manager Smythe, in conjunction with Chief of Police Tyndal, was requested to investigate the matter and submit his recommendatioBs to Council for their consideration at the next meeting. Mayor Smoak reported that following many hours spent by Council in the serious con- sideration of the hundred plus applications for the position of City Manager, that unanimous agreement had been realized and he would thereby entertain a motion for appointment. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that Mr. Gordon Tiffany be employed as City Manager effective April 19, 1976 at a salary of $15,000 per year with an increase of $500.00 at following new fiscal year. With regards the proposal submitted by Acting City Manager Smythe for a bicentennial time capsule housing and plaque, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the proposal be accepted and authorization granted to proceed with the base construction, but that the order for the plaque be deferred pending approval of the city's bi-centennial committee by the National Com- mission in order to include the bi-centennial emblem on the plaque. Councilman Blackburn offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR CERTAIN BURIAL BENEFITS FOR EMPLOYEES OF THE CITY OF CLERMONT and the motion was seconded by Council- man Schroedel and carried. The Resolution was read by Mayor Pro-Tem Byrd, by title only, and the Number 273 assigned to it. Councilman Blackburn offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AUTHORIZING THE OPENING OF CERTAIN SAVINGS PASS BOOK ACCOUNTS AT THE EXCHANGE BANK OF CLERMONT AND DESIGNATING THE REQUIRED SIGNATURES OF CERTAIN CITY OFFICIALS and the motion was seconded by Councilman Schroedel and carried. The Resolution was read in its entirety by Mayor Pre-Tem Byrd and the Number 274 assigned to it. Councilman Blackburn offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, SUPPORTING RESOLUTION NO. 26-76 OF THE CITY OF BOCA RATON, FLORIDA ENACTED FEBRUARY 10, 1976, REQUESTING THE FLORIDA LEGIS- LATURE TO TAKE COGNIZANCE OF THE EXPRESSION OF PUBLIC OPINION OF MUNICIPALITIES and the motion was seconded by Councilman Beals and carried. The Resolution was read by Mayor Pro-Tem Byrd, by title only, and the Number 275 assigned to it. The meeting was adjourned by Mayor Smoak at 10:20 P.M. OI~ Claude E'. Smoak, Jr., Mayor ATTEST: (J,iJ.Au J k.-l ;;,""~-/ Qores W. Carroll, City Clerk" .7 \