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02-14-1977 Regular Meeting . e e . MINUTES NQ 1469 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, February 14, 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 Public Works Director Smythe. Others present were: Ms. Elaine McMurry, Master Chris Honey; Mesdames Lord and Shepard; Messrs. Hovis, Stearns, Czech, Searles, Sargent, Matthews, Thorne, Eaton, Hogue, Mallory, and Olivenbaumi Mr. & Mrs. Clint Webster, Mr. & Mrs. Reg. Cook, Mr. & Mrs. D. M. Meeker, and Mr. & Mrs. Gene Fearing. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on January 24, 1978 were approved as written. PUBLIC HEARINGS Mayor Smoak announced that the requests by Mr. Mahlon Moore and Mr. Johnny Lucas for Conditional Use Permits had been withdrawn, and the scheduled public hearings for consideration of these matters were thereupon stricken from the agenda. Mayor Smoak advised of a request by William Causey that consideration of his request for a CUP to postponed, and he thereupon requested that the matter be deferred until the next regular meeting to be held on February 28th. ACTING CITY MANAGER City Manager Tiffany advised that he would be absent from the city on February 15 through 17, 1978 to attend the annual League of Cities Pre-Legislative Conference in Tallahassee, and had appointed Public Works Director Smythe at act as City Manager during his absence. SUGGESTED PROJECT PRIORITIES FOR 1978 Mayor Smoak announced that Council would be meeting in work session in the very near future to consider project priorities for 1978, and he would solicit Council's endorsement for discussion of the following: Sanitary facilities and concession stand in the softball field area at the Elementary School site. Pursuit of architectural landscaping of the community. Street Improvement: SR 561 from Twelfth Street through Minneola Lake Drive. Pursuit of the P&Z Commission's recommendations regarding sidewalk construction in the city. Review of the Jenkins Building with regards to interior and exterior improvements (aesthetic-acoustical-seating arrangements). Review of existing City Hall facilities (Expanding-Repairing-Moving) SEMINOLE WELL STATUS City Manager Tiffany advised that verbal approval had been received from the State for use of the Seminole Well, and subsequent written approval is pending the installation of a 611 water line underneath Tenth Street, necessitated from the SR50 project, and final hook-up to the existing system by Central Florida Under- ground Construction Company. . e e . MINUTES NQ 1470 ANIMAL CONTROL Mayor Smoak advised that the existing Animal Control Ordinance had been referred to the Planning & Zoning Commission for their study and recommendations as to possible amendments that would make it more enforceable regarding dog problems. City Manager Tiffany advised that the Commission had considered the matter at their last meeting, in conjunction with the City Attorney, and had submitted their recommendations to him for the preparation of a Draft Ordinance which they will then consider at their next meeting on March 7th before forwarding for Council IS consideration. FINANCIAL REPORT Councilman Byrd inquired of Finance Director Sanchez as to the considerable increase of Cash on Hand as reflected in the January financial report, and he was advised it was primarily due to receipt of the ad valorem taxes and the anti- recession funds which had increased. Councilman Byrd thereupon inquired if the projection "of approximately $300,000 at time of budget as the opening balance was also the same projection for the closing balance, and Mr. Sanchez advised of the probability of more cash on hand at the closing due to higher revenue sources than had been anticipated, such as the anti-recession funds. PAYMENT OF BILLS Motion was made by Councilman Honey, seconded by Councilman Schroedel and carried that the bills be paid. A copy is attached hereto. BANK PROPERTY OPTION City Manager Tiffany advised of receipt of an executed option agreement for the old bank building from Mr. J. E. Stephens, Jr., President Exchange Bank, the option being the one previously offered by the City and rejected by the bank except the term changed from 60 to 10 days. It was the opinion of Council that the proposed term was not sufficient time to seek professional advice and cost figures for building modifications, maintenance costs, etc. that they felt was necessary before their consideration of a purchase. There were several persons present who urged that Council pursue negotiations with the Bank for an extended time period in lieu of dropping the matter. Motion was made by Mayor Smoak, seconded by Council- man Schroedel and Garried that the original option agreement with a term of 60 days be resubmitted to the bank officials, and, if acceptable, that it be authorized to be executed by the proper city officials. Councilman Byrd opined that he had not been presented wi th suffi ci ent facts or fi gures with regards to the present city hall not being suitable for now or in the near future to warrant his endorse- ment of purchasing another building, and he thereby could not support the passage of the motion. BROOME STREET EXTENSION City Manager Tiffany advised that the Broome Street extension project had been completed and had passed testing and final engineering inspection, and thereupon recommended that the street be accepted and final payment authorized. Motion was made by Councilman Honey. seconded by Councilman Schroedel and carried that the City Manager's recommendation be accepted. INSURANCE PROPOSAL SUBSCRIPTION AGREEMENT A proposed subscription agreement from Whiting National Management Corporation for the IIMunicipal Indemnity Exchangell which would allow receipt of a premium quotation in exchange of a deposit of $1 per capita @ a census figure of 3661 was presented for Council's consideration. Upon determination by City Attorney Baird that no provision had been included in the proposed agreement whereby the initial $1 per capita cost would be refunded in full should the Council not elect to participate . e e . MINUTES NQ 1471 in the Exchange, motion was made by Mayor Smoak, seconded by Councilman Byrd and carried that City Manager Tiffany be requested to negotiate with Whiting National Management officials in amending the agreement to effect such a refund; That if the amendment is forthcoming. that it be initially reviewed by City Attorney Baird and subsequent further review by local agents. Messrs. Olivenbaum and Meeker prior to consideration by Council. 8TH AND MINNEOLA LEASE City Manager Ti ffany advi sed that fo 11 owi ng pub 1 i c adverti sement for bi ds for leasing the city owned property at 8th Street and Minneola Avenue, a single bid had been received from Leslie Dorn Griffin to utilize the building for a Hair Styling Salon, and he recommended that it be accepted. Motion was made by Councilman Byrd, seconded by Mayor Smoak, and carried that the City Manager's recommendation be accepted. MOWER/TRACTOR PURCHASE City Manager Tiffany advised that following public advertisement for bids for the purchase of a new diesel tractor with 60" Underslung Mower, with one 1963 Cub Lo-Boy tractor with 6011 mower to be taken in .,trade, that a single bid in the amount of $4400.00 had been received from Shelfer Ford Tractor Company of Leesburg, and meeting all specifications as requested, recommended that it be accepted. Motion was made by Councilman Honey, seconded by Councilman Cole and carried that the City Manager's recommendation be accepted. BEACH HOUSE LEASE City Manager Tiffany advised that the present Lessee of the Snack Bar at Jaycee Beach is attempting to sell her business, and has advised of a contract to sell, contingent on negotiating a lease with the City. Following determination that the existing agreement prohibits assignation of the agreement by the Lessee, and inasmuch as other parties had expressed an interest in leasing the building, it was the consensus that the lease be placed for public bid pending report from the City Manager as to the expiration date of the existing lease. STATE/COUNTY ROAD PRIORITY IMPROVEMENT City Manager Tiffany advised of the need to submit the annual suggested road priority improvements for consideration by the County Commissioners, and he recommended that improvement to SR561 by relocating the highway onto the abandoned railroad right- of-way between 2nd Street and West Avenue, and West Avenue by re-routing the section now on 8th Street to West Avenue, be named as top priority. Council was in agreement with this recommendation whereupon Councilman Schroedel offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, RECOMMENDING ROAD PRIORITY IMPROVEMENTS TO BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS IN CONNECTION WITH THE DEPARTMENT OF TRANS- PORTATION FIVE-YEAR ROAD PLAN AND COUNTY ROAD PLAN, and the motion was seconded by Councilman Honey and unanimously carried. The RESOLUTION was read by City Clerk Carroll by title only, and the Number 309 assigned to it. PROPOSED ELEMENTARY SCHOOL. TENNIS & SOFTBALL IMPROVEMENTS Due to an evident need for sanitary facilities, and possible other improvements such as a concession stand, bleachers, etc. for the recreational site at the elementary school, and there were several group representatives present who were desirous of such improvements, Mayor Smoak inquired for an indication from Council as to pursuit of the matter in terms of their willingness to fund such improve- ments, prior to seeking an indication of approval by school authorities, and Council was in unanimous agreement for consideration of the matter should the proposal be acceptable to the school officials. . e e . MINUTES NQ 1472 PUBLIC OFFICIALS LIABILITY INSURANCE Mayor Smoak advised of the receipt of cost quotes for public officials liability insurance which he deemed to be excessively high and prohibitive as far as participation is concerned, and he had thereby requested the City Attorney to investigate the possibility, via ordinances or other documents, of offering pro- tection to elected and staff officials on a personal basis for any official action taken within the framework of the law. ORDINANCES Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING CERTAIN SECTIONS OF APPENDIX "AII OF THE CODE OF ORDINANCES: AMENDING DEFINITIONS OF YARDS: AMENDING REGULATIONS RELATING TO YARDS, and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Honey, Byrd, Schroedel, Cole, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 167-C assigned to it. Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR THE PROHIBITION OF NUDITY OR INDECENT EXPOSURE OR GESTURES BY PERSONS AT PUBLIC PLACES; PROVIDING FOR THE PROHIBITION OF EMPLOYMENT OF PERSONS TO COMMIT SUCH ACTS, and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Cole, Schroedel, Honey, Byrd, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 169-C assigned to it. WORK MEETINGS In order that Council and other staff members might become better acquainted with and gain a better understanding of the Lake/Sumter Community Mental Health Center and its functions, Mayor Smoak advised of their invitation for a work session at their facility located in Minneola, and inquired of Council's desire in the matter. Council was in agreement to such a meeting, whereupon a meeting date of Thursday, February 23rd at 7:09 P.M. in the Center's facility in Minneola was set. Mayor Smoak announced a work meeting of Council to be held in the office of the City Manager on Monday, February 20th at 5:00 P.M. to discuss the marshland study status, the effluent disposal compliance schedule, and proposed revisions to the Administration Code and Building Regulations. There being no further business to be brought before the Council at this time. the meeting was adjourned by Mayor Smoak at 10:00 P.M. ITA{/f~ lOaM..) 1/. ~ DOLO W. CARROLL - CITY CLERK