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01-10-1978 Regular Meeting . e e . MINUTES REGULAR MEET! NG NQ 1465 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 10, 1978. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Honey, Byrd, Schroedel, and Cole. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, and Chief of Police Tyndal. Others present were: Master Ken Peacock; Mesdames Margaret Peacock, Pat McCaffrey, Lois Kimball; Messrs. Czech, Seitz, Sargent, Matthews, Dupee; and, Mr. & Mrs. Sidney Young, Mr. & Mrs. Gene Campbell, Mr. & Mrs. Rick Rorabaugh, Mr. & Mrs. W. B. Mallory, Mr. & Mrs. Robert Walker. The invocation was offered by the Rev. William C. Seitz, Jr., followed by repeating of the Pledge of Allegiance in unison by those present. An apropos introduction of newly elected Council Member Lester Cole, was extended by Mayor Smoak. The Minutes of the Regular Meeting held December 20, 1977, were approved as written. MARSHLAND STUDY Mayor Smoak reported on a communication received from the Environmental Protection Agency wherein they advised the application for funding assistance in the local marsh- land study had been rejected because of "Insufficient Funds", though their primary comment on the proposal had been both positive and affirmative; That he had been in recent contact with the official that conducted the review, who advised they had made some suggestions which they felt would strengthen and improve the project, and were holding the matter in their active file for possible re-activation should funding become available. Mayor Smoak further advised that he had requested City Manager Tiffany to compile a background report of the project from its foundation stages todate, which he would forward under cover letter to Senators Stone and Chiles, and Congressman Kelly, urging their support in gaining the necessary funding from EPA for the project, and still further, would encourage that all other local officials contact the federally elected officials regarding the matter. PAYMENT OF BILLS Motion was made by Councilman Honey, seconded by Councilman Byrd and carried that the bills be paid. A copy is attached hereto. BANK PROPERTY OPTION Mayor Smoak reported on a communication from Exchange National Bank officials wherein they rejected the proposed option on the former bank building property as sought by the City, and he thereby moved that they be forwarded appreciation from Council for their consideration of the matter, and, that the matter of proposed purchase of the building by the City be removed from further discussion. The motion was seconded by Councilman Honey and carried. Councilman Schroedel voted in the negative on passage of the motion, opining he felt the matter should be left open for further possible ne- gotiation. LAKE IMPROVEMENT COMMITTEE REQUEST City Manager Tiffany advised of a request by the Lake Improvement Committee for authorication to expend approximately $500.00 to obtain additional information and references regarding disposal of waste waters by land spreading, ponds, marshes, etc, which would supplement their existing data, and he recommended approval of such a request. Motion was made by Councilman Honey, seconded by Councilman Byrd and carried that the City Manager's recommendations be accepted. . e e . MINUTES NQ 1466 CITY ATTORNEY EMPLOYMENT AGREEMENT Council considered a proposed employment agreement from Leonard H. Baird, Jr., for his services as City Attorney from January 1, 1978 thru December 31, 1978, such proposed agreement being essentially the same as for former years with the exception of an increase in the hourly rate for additional services performed beyond those covered under the retaining fee portion, from $25.00 per hour to $35.00 per hour. Motion was made by Mayor Smoak, seconded by Councilman Schroedel and carried that the proposed agreement be accepted and executed by the proper officials. Commendation was extended to City Attorney Baird on his previous and existing work in performing the duties of the city's legal officer. JENKINS AUDITORIUM SCHEDULE REQUEST Due to a schedule conflict for use of the Jenkins Auditorium on February 16th and April 13th, Council was requested to make a final determination. Inquiry was made from the Chair to all interested persons present that could provide input to Council as to the two different performances scheduled for February 16th that would be help- ful to them in determining which group could be served by an alternate location. Following comments from representatives of the Clermont Recreation Club and the Accent on Culture Organization, it was the determination of Council that the require- ments necessary for the performance as sponsored by the Recreation Club could be met in an alternate location, and motion was thereupon made by Mayor Smoak, seconded by Councilman Schroedel and unanimously carried that the auditorium reservation for February 16th be in favor of the IIAccent on Culturell performance, and that City Manager Tiffany offer full assistance to the Clermont Recreation Club in finding an alternate location for that date. Representatives of the Highland Squares were present to advise of a standing reser- vation for use of the auditorium by them which had been necessary to relinquish in the past in order to accomodate the IIAccent on Culturell programs, and would be necessary again on April 13th, and inquired of Council's position in allowing this policy to continue. They further advised of their willingness to again relinquish their reservation for April 13th, but encouraged that a more definite policy be developed that would prohibit groups such as their organization having standing reservations from having to relinquish their dates for special performances. Mayor Smoak thanked the group for their considerate comments, and assured them that Council would strive for a methodology for auditorium reservations that would remove future reservation conflicts, and motion was thereupon made by Councilman Byrd, seconded by Councilman Schroedel and carried that the reservation for April 13th be in favor of IIAccent on Culturell. Mayor Smoak then moved that City Manager Tiffany communicate with the proper person responsible for booking the auditorium regarding immediate steps to institute a new system for reservations of the auditorium, as follows: All requests for reservations must be in writin~; All requests must be submitted for a 30 day minlmum time period prior to the scheduled performance date; All reservations must be in writing; and, A copy of both the written request and the written reservation be forwarded to City Hall for appropriate keeping. The motion was seconded by Councilman Honey and unanimously carried. . e e e MINUTES NQl4b~ COMMISSION/BOARD APPOINTMENTS Planning and Zoning Commission: The four incumbents on the P&Z Commission whose terms expire this date, more specifically, the Messrs. Henry Czech, Jack Sargent, Jim Meginley, and Robert Thompson, were nominated for reappointment by Council- man Honey. Mr. Ben Blackburn was nominated for appointment, such appointment to be in addition to the above four named, by Mayor Smoak. There being no further nominations, motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the nominations be closed and the City Clerk be instructed to cast an unanimous ballot for the five above named for appointment to the P&Z Commission for two year terms each. ; Zoning Board of Adjustment and Housing Board of Appeals and Adjustments: Motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the City Council continue to serve as the Zoning Board of Adjustment and the Housing Board of Appeals and Adjustments. Liaison Representatives: Motion was made by Councilman Byrd seconded by Councilman Honey and carried that Mayor Smoak continue to serve as Council's liaison represen- tative to the Lake County Pollution Control Board. Motion was made by Councilman Byrd, seconded by Councilman Cole and carried that Councilman Schroedel continue to serve as Council's liaison representative to the Cooper Memorial Library Board. Motion was made by Mayor Smoak, seconded by Councilman Schroedel and carried that Councilman Honey serve as Council's liaison representative to the Greater Clermont Chamber of Commerce Board of Directors. Mayor Pro-Tem: Motion was made by Councilman Honey, seconded by Councilman Schroedel and carried that Councilman Byrd continue to serve as Mayor Pro-Tem of the City Council. ORDINANCES A re-draft of the proposed Ordinance regarding IIYardsll was previously presented for Council's consideration and study. City Manager Tiffany reviewed the amendments in their entirety. Following a step by step consideration, motion was made by Mayor Smoak, seconded by Councilman Byrd and carried that the following Section of the proposed Ordinance be deleted: SECTION 5. IISection 26-46 of Article VIII of Appendix IIA" of the Code of Ordinances is hereby amended to read as follows: 26-46 Alleys Where an alley exists at the rear of a lot, one-half of the width of said alley may be computed as part of the rear yard. II Councilman Honey thereupon introduced the proposed Ordinance as amended, and it was read for a first reading by City Clerk Carroll, by title only. Inasmuch as no replied had been received from property owners in City Block 45 regarding Council's inquiry to having their property re-zoned from the existing C-1 designation to R-3 designation, as had been requested for the property owned by John R. Jones in that area, it was the suggestion of Mayor Smoak, and Council was in agree- ment, that action on Mr. Jones request be tabled pending a written commitment as is possible from the Comprehensive Planning Committee on their projected land use of that area. . . e e MINUTES NQ 1468 Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE PROHIBITION OF NUDITY OR INDECENT EXPOSURE OR GESTURES BY PERSONS AT PUBLIC PLACES: PROVIDING FOR THE PRO- HIBITION OF EMPLOYMENT OF PERSONS TO COMMIT SUCH ACTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. LEAGUE OF CITIES QUARTERLY MEETING City Manager Tiffany advised of the next quarterly meeting of the Lake County League of Cities to be held in the Eustis Community Building on Wednesday, January 18th, and asked that reservations be made through City Hall no later than Friday, January 13th. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 9:50 P.M. CLAU~~ ~~~~ DOLORES W. CARROLL - CITY RK