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04-20-1976 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1274 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 20, 1976. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Beals, Byrd, Schroedel and Blackburn. Other officials present were City Manager Tiffany, Director of Community Services Smythe, City Attorney Baird, Chief of Police Tyndal, Building Official Nagel and Deputy Clerk Dollar. Others present were: Mr. and Mrs. Eric Stasuk, Messrs. Fleming, Sargent and Czech. Mr. Joe Sanchez, 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. Mayor Smoak officially introduced Gordon D. Tiffany, newly employed City Manager of Clermont, stated Mr. Tiffany came to Clermont from Glencoe, Illinois where he was Administrative Assistant, that he is married and has two children and his wife and children are expected to arrive in Clermont on Wednesday~ Mayor Smoak then welcomed Mr. Tiffany to Clermont and hoped his stay would be both productive from a personal and professional standpoint and his living accommodations satisfactory. The Minutes of the Regular Meeting held April 13, 1976 were approved as written. Mr. Eric Stasuk appeared before Council and presented a sketch of a Bicentennial mural which he and his wife wish to paint for mounting on the side of the Jenkins Auditorium. He advised his mural would be 8' high by 121 long, would be done in red, white and blue colors, with four stars on the left edge, and inside the stars would be portraits of famous Americans and the mural would be mounted on tempered masonite and anchored to the building. He estimated the cost of material to be quite less than $100.00. Motion was made by Councilman Blackburn, seconded by Councilman Beals and unanimously carried that. a~proval be granted to Mr. and Mrs. Stasuk to paint and place a portable b1centennial mural on the side of the Jenkins Auditorium and that reimbursement of expenses be made from funds allocated to the Bicentennial Committee. With regards an offer from the Little League of Groveland to purchase 12 lights replaced at the tennis courts and 28 lights to be replaced at Bishop Field at $5.00 each, and Director of Community Services Smythe's recommendation that we accept this offer, motion was made by Councilman Schroedel, seconded by Councilman Blackburn and carried that the city accept the offer of the Groveland Little League to purchase the lights as recommended by Mr. Smythe. Director of Community Services Smythe reported that approval had been received from the Bicentennial Commission for Clermont to be recognized as a Bicentennial Community and that upon receipt of this recognition the order was placed for the Bicentennial Plaque. City Attorney Baird reminded Council members that Financial Disclosure Statements are due May 15th and must be filed with the Clerk of the Circuit Court with a copy to the City Clerk. Deputy Clerk Dollar was requested to make a note to have financial disclosure forms included in the next weekly package to Council members and also to see that each member of city advisory boards is furnished with a copy of the financial disclosure form with a memo stating they are to be filed by May 15th. Councilman Beals commended the city forces and DAV organization on the excellent job of clean up and renovation of the Highlander Hut. Director of Community Services Smythe advised that an agreement between the city and the DAV covering the rules and regulations for this building is being prepared and will be forthcoming very soon. Councilman Byrd stated that Mr. Wrightam extended an invitation to Council members to visit the building. Mayor Smoak announced the League of Cities Meeting to be held in Tavares Civic . e e . MINUTES NQ1275 Center on Wednesday, April 21, 1976 at 7:00 P. ,M. and that James Hoskinson, Lake County Commission Chairman will be the guest speaker, his topic being Tax Equalization. Director of Community Services Smythe reported that he had no Status'Rtport on the sewer connection for the South Lake Press, but that work is being done on finding a solution to the problem.. In a memo to Council (attached) Mr. Smythe advised that the city has withheld $2,059.88 ~5% of the final estimate) pending disinfection of the Seminole Well from the contractor, Locke Well & Pump Company and that the contractor has requested that $500.00 rather than $2,059.99 be withheld and that this request has been reviewed by FmHA and they concur in the reduction from $2,059.88. He stated since the deduct Change Order No. 2 has been approved we will have overpaid Locke Well & Pump Company $863.12 for total contract and if we retain $500.00 as requested, the total due the City from the contractor at this time is $1,363.12. He requested Council permission to request a refund of $1,363.12 from the contractor. Motion was made by Gouncilman Blackburn, seconded by Councilman Byrd and unanimously carried that Mr. Sm the's re uest be ranted and he be iven ermission to re uest a refund of ,363.12 from the contractor, Locke Well & Pump Company. With regards the Michaels-Stiggins litigation, Mr. Smythe recommended that the $30,232.00 Final Payment from the HUD grant, which at this time has been credited to the Utilities Fund Construction Account (19-119) be transferred to a Special New Account (19-119A) and held for the purpose of courts costs and attorney's fees during litigation, easy and rapid correlation and costs when negotiating a settlement and if the final outcome should not be favorable to the city, a substantial amount of money would be available to pay the additional costs, and requested Council's direction in this matter. Mayor Smoak stated he thought this was a businesslike way of doing business and if, in fact, the litigation should not be favorable to the city, this money will not have been used on projects simply because we have the money. Motion was made b Councilman B rd, seconded b Councilman Blackburn and unanimousl carried that the'recoll111endation of Mr. Smythe be accepted and the 30,232.00 be deposited toa ,new Special Account. Regarding the Michaels-Stiggins litigation, City Attorney Baird advised that the suit against Michaels-Stiggins has not as yet been filed; however, some meaningfull dialogue has taken place. He further stated he met last week with principals involved with Michaels-Stiggins corporation and their parent organization from California, with their attorneys, with their insurance agents and with principals and attorney for Ardmann and Associates. Mayor Smoak inquired as to the progress on the construction of the new water and sewer improvements and when the projects are expected to be completed. Mr. Smythe advised that he did not have a report on these projects this evening, but that everthing is going along on schedule and he did not think completion would go beyond six months. With regards an invoice from Dawkins & Associates in the amount of $4,130.83 relating to water main extension on Grand Highway, Hook Street and U. S. 27 and a memo to Council from Mr. Smythe (memo attached) in which he stated he raised the question, should the engineers. fee be based on estimated footage of extension related to contractor price, or to the actual cost of extension performed by the city. Mr. Smythe stated he furnished all the pertinent invoices, correspondence, documents and contract to the City Attorney and recei ved the fo 11 owi ng opi ni on: "The contract refers to fees based on actual construction costs which in my opinion would mean the actual cost of the extension rather than the contract price of Central Florida Underground. It would be my opinion therefore that the fee should be based on the total cost of construction by the City of Clermont in accordance with the engineers specifications". It was City Attorney Baird's recommendation that the city communicate with the engineers and epxlain the position the city is taking and requested a revised invoice. Mr. Smythe requested Council direction in ... . e e . MINUTES NQ 1276 pursuing this matter. Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the city accept the recommendation of City Attorney Baird to communicate with Dawkins & Associates and explain to them the position the city is taking and request that they submit a revised invoice. With regards the Lake County Planning Department Comprehensive Work Program the item was tabled until City Manager Tiffany has had an opportunity to review the material from the County. With regards the recommendation of the P&Z Commission that the zoning ordinance be amended to include private recreational facilities as a permitted Conditional Use in the R1AA zone, the item was discussed at length with feelings expressed for an ordinance and other feelings expressed that an ordinance was not necessary, that property owners should be permitted private recreational facili- ties. City Manager Tiffany commented that he found himself agreeing with everything that has been expressed on both sides concerning this amendment, but suggested that he and Mr. Smythe be requested to look into this matter a little further. He further stated he thought there are ways to regulate this particular use without going to the rather cumbersome CUP route. Motion was made by Councilman Beals, seconded by Councilman Byrd, and unanimously carried that the matter be tabled until the next regular meeting. City Manager Tiffany reported that the bid opening for the construction of new pier to replace the existing pier at Jaycee Beach was held in his office on Monday, April 19, 1976 at 5:03 P. M. The following bids were received: 1. Wise Marine Construction 2. Vulcan Enterprises, Inc. 3. Hubbard Construction Co. 4. Delta Marine Constructors, Inc. $33,560.00 37,500.00 27,880.00 19,875.00 He advised there was some concern regarding the low bid, as low as it was, with no knowledge of this particular contractor, but research was done on the con- tractors' background and capabilities and from information received from some of the people for whom they have done work, they are reliable contractors. The County Board of Commissioners delegated the City the authority to award the contract to the low bidder. City Manager Tiffany advised he recommended that the contract be awarded to Delta Marine Constructors, Inc. with the addition of a requirement of a performance bond with an additional cost on the contract of $400.00. Motion was made by Councilman Beals, seconded by Councilman Blackburn, and unanimously carried that the low bid of Delta Marine Constructors, Inc. be acce ted in accordance with the recommendation of the Cit Man er that an acceptable performance bond not to exceed 400.00 be added to the contract. ~ayor Smoak.advised that $8900 had been budgeted this fiscal year to participate In a potentlal grant from the State of Florida. He stated that this grant was not f~rthcoming and ~hile ~e have a cont~a~t~r here for the pier, he would like the Clty Manager to lnvestlgate the posslbl1lty of revitalizing the boat dock located several hundred feet west of the swimming pier and inquire of the con- tra~tor the cost of revi~alizing the boat dock and breakwater at the launch area. Motlon was.made b Councl~man B rd, seconded b Councilman Beals, and carried that the Clty Manager be lnstructed to consider alternates that might be added to the contract fo~ the pier with Delta Marine Constructors, Inc. and submit alternates and estlmated costs to the Council. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES; PROHIBITING OFF-SITE SIGNS IN SHOPPING CENTERS AND . e e e MINUTES NQ1277 MULTI-USE BUILDING SITES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, and the ORDINANCE was read for a first reading by Mayor Smoak, by title only. The meeting was adjourned by Mayor Smoak at 8:35 P. M. ?!1u-1--t tJ~~J ka.A1~ Mildred Dollar, Deputy Clerk f!i ~~ Claude E. Smoak, Jr., Mayor