05-18-1976 Regular Meeting
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MINUTES
NQ1287
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, May 18, 1976. 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, Beals and Blackburn. Other officials present were:
City Manager Tiffany, City Attorney Baird, Director of Community Services Smythe,
City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndal. Others
present were: Mr. and Mrs. John Aull, and the Messrs. Czech, Fleming, Willett,
and Evans. 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.
The Minutes of the Meeting held May 11, 1976 were approved as written.
City Manager's Report
City Manager Tiffany reported he had presented the changes as
desired by Council to be made to the proposed Interlocal
Agreement on Preparation of a Comprehensive Plan to Mr. Mike
Willett, Lake County Planning Director, and that he had been
agreeable with the changes and saw no problem in including
them. Mr. Tiffany thereupon recommended that the Agreement
be accepted. Motion was made by Councilman Byrd, seconded by
Councilman Schroedel and carried unanimously, that Mayor Smoak
be authorized to execute the Interlocal Agreement.
City Attorney's Report
City Attorney Baird reported he had met on Monday with the
attorneys and insurance representatives for Michaels-Stiggins,
Inc., and they had proposed a settlement offer of $50,000 for
the damages; That included in the settlement offer was the
stipulation that the city would pay a portion of the Michaels-
Stiggins, Inc. invoice which totaled approximately $30,000;
That it would be his recommendation that the city accept this
offer, and, that they be requested to submit documents in
writing which would clarify the settlement procedures in order
for him to submit the document to Council at the next meeting.
Motion was made by Councilman Blackburn, seconded by Councilman
Beals and carried that the tentative settlement offer be
accepted, subject to verification and approval of the language
in the document by City Attorney Baird.
It was the opinion of Mayor Smoak, based on the evidence
generated by City Attorney Baird, that this was the most equitable
settlement offer that could be negotiated, but would not be
adequate to cover potential future costs involved in solving the
effulent problem, and he would thereby recommend that the final
fund payment from EPA, which has been held in abeyance pending
final settlement with Michaels-Stiggins, Inc., be used for payment
of the Michaels-Stiggins, Inc. invoice, and the entire settlement
check to be received be earmarked for eff~uent disposal problems.
Council was in agreement with this recommendation whereupon
motion was made by Councilman Blackburn, seconded by Councilman
Byrd and carried unanimously that the settlement offer funds be
used exclusively for studies and possible solutions to the effluent
disposal problems.
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MINUTES
NQ1288
Mayor Smoak commended City Attorney Baird for the very thorough
job of research and study which he had expended in the Michaels-
Stiggins, Inc. litigation, and that the city was in a more
favorable position than ever before as a result of his diligence
and negotiating power.
Mr. Baird reported that a final result of the work meeting held
on Monday with representatives of Dawkins & Associates, Inc.
regarding their invoice submitted for engineering services on
the portion of the water improvement program that was performed
by city crews, was that they agreed to re-examine their formula
for invoicing the city on that portion, and submit a different
invoice at a later date.
Out-of-City Fire Protection
City Attorney Baird advised that in the past, the city had
entered into agreements with out-of-city residents to furnish
them with fire protection, and that all the contracts had
expired on May 15th; That if council desired to continue with
such agreements, it would be necessary that an ordinance be
enacted giving authority to do so.
Mayor Smoak advised that action taken by a former council was
that fire protection by the city would not longer be furnished
out-of-city residents via formal contracts upon expiration of the
existing contracts on May 15th because of possible liabilities
that could develop should the city's equipment be serving out-of-
city when needed within the city.
Council was in agreement that certain circumstances would justify
the city's equipment being used out~of-city, whereupon motion was
made by Councilman Blackburn, seconded by Councilman Schroedel
and carried, that the option of whether or not calls for service
out-of-city would be answered be left to the discretion of the
City Manager and Fire Chief.
Motion was made by Councilman Byrd, seconded by Councilman Beals
and carried that the City Manager and Fire Chief prepare a formal
policy which they felt should be followed in determining whether
or not to answer calls out-of-city, and submit for council's
consideration.
Comments by Council Members
Councilman Blackburn advised he felt city crews had done a
commendable job in improvements at the softball field site.
Communications
City Clerk Carroll advised that a request had been received from
Marie and Roberto Zapata to sponsor a graduation dance in Jenkins
Auditorium on May 21st between 7:00 P. M. and 1:00 A. M. Motion
was made by Councilman Byrd, seconded by Councilman Blackburn and
carried that the request be granted provided all rules and regulations
pertaining to dances held in the auditorium are met.
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MINUTES
NQ1289
Maximum Lot Coverage
Following a review of existing city ordinances, and applicable
general law regarding computation of maximum lot coverage by City
Attorney Baird, it was his recommendation that this matter and
that of structure definition clarification be addressed to the
Planning & Zoning Commission for their consideration and recommen-
dation. Council was in agreement with this recommendation.
Grand Highway Well Motor
Inasmuch as such an excessive time table for delivery of repair
parts for the disabled Grand Highway well motor had been received,
and the cost for such parts and labor to repair the motor seemed
exceedingly high as opposed to purchase and installation of a new
motion, City Manager Tiffany had obtained cost prices of three
different motors from Layne Atlantic Company, and recommended
that a u. S. Motors Hollowshaft Mtor be purchased and installed
at a cost not to exceed $4600.00. It was the determination of
Council that alternate prices should be obtained from other firms
in addition to that from Layne Atlantic Company prior to action
being taken, and City Manager Tiffany advised he would be happy
to do so.
Minneola Police Dispatching and Jail Use Request
Dwight H. Chastain, Town Manager of Minneola, submitted a proposal
for council's consideration to utilize the city's dispatching
service and jail facilties. It was the determination of Council
that a formal document should be prepared and presented for Minneola
council action prior to consideration by them. Motion was made by
Councilman Schroedel, seconded by Councilman Beals and carried
that City Attorney Baird, in conjunction with the attorney representing
the Town of Minneola, prepare a preliminary document for consideration
by the Minneola Council, and then by Clermont Council. Councilman
Byrd voted, Naye, on passage of the motion. Mr. Byrd opined he was
not opposed to a contractual agreement with Minneola, and he agreed
with the objective and spirit of the action just taken by council,
but did not feel the approach as proposed was a workable one.
Inasmuch as there would not be a regular meeting of Council following
the next one on May 25th until June 8th, it was the suggestion of
Mayor Smoak that City Manager Tiffany advise the Minneola officials
of this in order that they might call a Special Meeting of their
council to act on the document if they desired council's action on
May 25th.
It was the suggestion of Councilman Beals that at any such time
as the agreement is entered into between Clermont and Minneola, that
a rider be attached stipulating that each municipality in that same
year would place the question on their election ballot as to the
voters desire for a merger of Clermont and Minneola. There was no
action taken on this suggestion.
There being no further business to be brought before council, the meeting was ad-
journed by Mayor Smoak at 8:30 P. M.
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Do ores w. Carroll, Ci ty erk
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