03-28-1978 Regular Meeting
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REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, March 28, 1978. The meeting was called to order at 7:30 P.M. by
Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Cole,
Schroedel, and Honey. Other officials present were: City Manager Tiffany, City Attorney
Baird, City Clerk Carroll, and Chief of Police Tyndal. Others present were: Ms. Jean
Winston, Mrs. Jo. Cunningham, Mr. & Mrs. W. B. Perry, Mr. & Mrs. Clint Hooten, Mr. & Mrs.
T. H. Benfield, Mr. & Mrs. Gene Fearing, Mr. & Mrs. Robin BonJorn, Mr. & Mrs. Orville
LaSalle, Mr. & Mrs. J. H. Leitch, Mr. & Mrs. H. M. Kidd, Mr. & Mrs. Ralph French, and the
Messrs. Czech, Searles, Sargent, and Benham.
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 March 14, 1978 were approved as written.
VISITORS WITH BUSINESS
Mr. Thomas H. Benfield appeared before the Council to request their reconsideration
of his request for a variance to the zoning ordinance that had been denied by them
on February 28. Mr. Benfield advised that he had been unable to attend the meeting
on the 28th to support his request, and would like to now advise that he had purchased
the property at 250 Disston Avenue with the understanding he would be allowed to
enlarge, and then enclose, an existing patio slab; That in anticipation of such con-
struction, he had purchased considerable outdoor equipment that would not fit in an
enclosure as presently allowed; and, That upon contacting immediate neighbors regarding
his request, he was advised they had no objection. The Messrs. LaSalle, Leitch, Kidd,
and French, owners of property in the immediate vicinity to that of Mr. Benfield,
were present at the meeting and spoke in favor of his request. Motion was made by
Councilman Byrd, seconded by Councilman Cole and carried, that the request of Mr.
Benfield for a Variance be placed on the agenda for consideration at the meeting to be
held on April 11th, and that the fees for re-advertising be waived.
WATER & SEWER BOND REFUNDING PROGRAM
Mr. Ben Benham of Southeastern Municipal Bonds, Inc. appeared before Council to submit
a proposed agreement to engage their services for a detailed analysis and structuring
of an advance refunding program, which they felt would save the city considerable
cost, including an interest cost savings of at least $250,000, by issuing new bonds
at substantially lower rates of interest, and by restructuring the existing maturity
schedule to permit the investment of early payments that are being used to retire
existing bonds. Motion was made by Councilman Byrd, seconded by Councilman Honey
and carried that the proposal be accepted and executed by the proper city official.
MARSHLAND STUDY FINANCING
Mayor Smoak advised that he was on the County Commission's agenda for 11:00 A.M.,
Tuesday, April 4th, and the Lake County Water Authority agenda for 10:30 A.M. on
Wednesday, April 5th to discuss the city's marshland study and to solicit their
financial assistance.
COUNTY WIDE LIBRARY SYSTEM
, Councilman Schroedel, liaison representative to the Cooper Memorial Library Board,
advised of a meeting to be held in Tavares on May 5, 1978 at 9:00 A.M. to discuss
the proposed county wide library system, and to determine the city's willingness
for participation in the program. It was the recommendation of Mayor Smoak, and Council
was in agreement, that a joint work meeting of Council and the Library Board be held
prior to the May 5th meeting in order to review the recommendations as forwarded by
the Florida Department of Administration.
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NQ 1485
BANK PROPERTY OPTION
City Manager Tiffany reported on the Building Survey as prepared by Fiske-Gay
Associates on the former bank building and the present city hall wherein they confirmed
that the existing city hall building is in somewhat better condition than the bank
building, but that neither structure has a clear cost advantage over the other
assuming current costs of remodeling or addition and accepting the appraisal evaluation
given for the existing structures, thereby suggesting that location and functional
adaptability should govern. Motion was made by Councilman Byrd and seconded by
Councilman Honey that a final bill from Fiske-Gay Associates be requested, and sub-
sequent payment of same be authorized, and that final determination be made that city
hall remain in its existing location. Upon roll call vote on passage of the motion,
the result was: Ayes: Byrd, Cole, Honey, and Smoak. Total Ayes: Four. Nayes:
Schroedel. The motion carried.
RENOVATION/REMODELING CITY HALL AND JAIL CELLS
City Manager Tiffany inquired of Council's concurrence to an immediate pursuit of
obtaining firm costs for necessary replacements and remodeling of,the city hall building,
and the engaging of architectural services for renovating a portion of the jail
cell section in the Police & Fire Building for needed office space. Council was in
unanimous agreement that he be authorized to proceed.
CITY HALL TENANT LEASE AGREEMENT
City Manager Tiffany inquired of Council for direction in effecting a lease with the
present tenants in the city hall building in order that the present lessees be pro-
tected and the city be assured of the subsequent revenue income. Motion was made
by Mayor Smoak, seconded by Councilman Honey and carried that City Manager Tiffany
be authorized to insti ate ne otiations with the resent lessees, and present a copy
of a basic negotiated agreement for Council conSl eratlon at t e next regu ar mee lng.
Inasmuch as City Attorney Baird is one of the principals involved in the existing
tenancy, it was the consensus of Council that City Manager Tiffany be authorized to
consult another attorney in the preparation of a proposed lease agreement.
SUBSCRIPTION AGREEMENT - MUNICIPAL INDEMNITY EXCHANGE
Following Council's referral of the proposed subscription agreement from Whiting
National Management Corporation for participation in the "Municipal Indemnity
Exchange" which would allow receipt of a premium quotation for liability and work-
mans compensation insurance in exchange of a deposit of $1 per capita based on a
census figure of 3661, to local agents, Messrs. Meeker & Olivenbaum,City Manager
Tiffany reported they had advised this date of no objection to the agreement pro-
vided the city be assured of the full deposit refund should they not elect to
participate as a subscriber. A time certain provision for cancellation of the proposed
agreement and refund of the initial deposit was confirmed by City Attorney Baird,
whereupon motion was made by Councilman Byrd, seconded by Councilman Schroedel and
carried that the ro osed a reement be acce ted, be executed b the ro er cit
officials, and the initial deposit in the amount of 3661 be authorized.
LOT MOWING
City Manager Tiffany advised of a single proposal received from Mr. Harold Machias for
a private lot mowing contract with the city, the same being a contractual agreement
for a two year period at a cost of $13.25 per hour for the first year and $13.91
per hour for the second year; That he found the proposal to be acceptable, and would
recommend its acceptance. Motion was made by Mayor Smoak as follows:
(1) That the proposal as submitted by Mr. Machias be accepted;
(2) That notification be forwarded to all owners of property on
which the city has previously been forced to take action
in order that they be mowed, advising them of a direct lot
mowing service to be offered by Mr. Machias for the mandatory
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NQ 1486
twice per year mowing of vacant property;
(3)That the fee schedule of Mr. Machias for direct
service be included in the notice; and,
(4)That all bills for mowing which have been the result
of code enforcement by the city, be increased with a
100% surcharge, based on the fee schedule of Mr. Machias
to the city.
The motion was seconded by Councilman Honey and unanimously carried.
LOT REQUIREMENTS/SIGN REVISIONS
It was the suggestion of Mayor Smoak, and Council was in agreement, that further
study and consideration was necessary prior to any action by Council regarding
lot requirements and sign ordinance revisions, whereupon Mayor Smoak requested that
they be placed on the agenda for the next regular meeting, and encouraged that
each council member be prepared to take action at that time.
BEACH HOUSE AGREEMENT
City Manager Tiffany inquired of Council's concurrence to a concession type agree-
ment for the Beach House as opposed to a more formal Lease Agreement. Motion was
made by Councilman Byrd, seconded by Councilman Schroedel and carried that City
Manager Tiffany, in conjunction with City Attorney Baird, be authorized to pursue
a concession negotiated agreement for the beach house facilities at Jaycee Beach.
It was the opinion of Mayor Smoak that the proposed agreement be non-exclusive for
the entire beach area; That the opening hours be determined by the major hours the
beach area is utilized; and, That the type of concession to be offered, be com-
patible with the majority age group that utilizes the beach facilities.
RESOLUTIONS/ORDINANCES
Mayor Smoak offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, DESIGNATING THE CITY, OR HIS DESIGNEE,
AS AN AUTHORIZED FIDCAL OFFICER TO DEPOSIT AND WITHDRAW ~ITY FUNDS UNDER CHAPTER 218,
FLORIDA STATUTES, and the motion was seconded by Councilman Byrd and unanimously
carried. The Resolution was adopted and the Number 310 assigned to it.
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCE OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, REPEALING ARTICLE II OF CHAPTER 4 OF THE CODE OF
ORDINANCES; CREATING THE CLERMONT DOG CONTROL ORDINANCE, and the Ordinance
was read by City Clerk Carroll for a first reading, by title only.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER TWO (2); PROVIDING FOR ADMIN-
ISTRATION OF THE CITY OF CLERMONT, and the Ordinance was read by City Clerk
Carroll for a first reading, by title only.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Smoak at 9:20 P.M.
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CLAUDE E. SMOAK, JR. - YOR
ERK