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05-18-1976 Regular Meeting . e e e 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. . e e . 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. . e e . 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. ~a....J I/o ;;~ Do ores w. Carroll, Ci ty erk Cla{!!b~