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08-22-1978 Regular Meeting .. e e . MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, August 22, 1978. The meeting was called to order at 7:30 P.M. by Mayor Pro-Tem Carlisle A. Byrd, Jr., with the following members present: Councilmen Cole and Schroedel. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, and Chief of Police Tyndal. Others present were: Mr. & Mrs. Fred Mitchell, and Messrs. Daw, Grose, Searles, Sargent, and Sokol. The invocation was offered by Mayor Pro-Tem Byrd followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held July 25, 1978 and of Special Meetings held on July 28, 1978 and August 15, 1978 were approved as written. PUBLIC HEARINGS Mayor Pro-Tem Byrd announced the first order of business to be a Public Hearing to con- sider the planned use of federal revenue sharing for fiscal year 1978-79. City Manager Tiffany advised of proposed uses of the funds, as included in the 1978-79 budget, as follows: Administrative Car Typewriter City Hall Renovations Two Patrol Cars Police Office Furnishings Police Transceiver Three Fire Pagers Mower Ice Machine Portable Welder Air Jack Landscape Project Sidewalk Construction Council Chamber Chairs Unallocated (estimate) TOTAL $5000 725 7500 10500 2500 775 1200 1095 1800 1100 600 2400 2500 750 18827 $ 57272 There was no one present who voiced objection to use of the funds as proposed. Mayor Pro-Tem Byrd requested that City Attorney Baird research FRS fund requirements to deter- mine if a subsequent hearing will be necessary prior to utilizing the unallocated portion, and report back to Council. CHURCH CUP City Manager Tiffany reported that the CUP granted on July 11th to Elder L. C. Lyons to use the property at 431 W. Highway 50 as a church had included a condition that vehicular ingress or egress to State Road 50 be prohibited, but that since that time, it had been determined that only 7 parking spaces would be required because of the small size of the building, and the single existing two-way driveway would be sufficient, and Elder Lyons had therefore requested that this restriction be removed. Mr. Tiffany further advised that Elder Lyons had agreed to improve the existing driveway and provide "No Left Turn" signs at the egress to State Road 50, and he would therefore recommend that the request be granted. Motion was made by Mayor Pro-Tem Byrd. seconded by Councilman Schroedel and unanimously carried that the City Manager's request be granted and the necessary amending Resolution be authorized. ADVANCE REFUNDING City Manager Tiffany reported that officials of Southeastern Municipal Bonds, Inc. had determined that a proposed advance bond refunding issue would not be favorable to the City and the matter would not be pursued. . e e e CITY OF CLERMONT MINUTES MUNICIPAL INDEMNITY EXCHANGE City Manager Tiffany reported that officials of Poe & Co., Inc. had advised they were unable to obtain the necessary number of pledges from municipalities to establish a "Municipal Indemnity Corporation" as proposed, and the City's deposit in the amount of $3661 would be refunded. EPA FINAL AUDIT REPORT City Manager Tiffany advised Council of the most recent communication from the Environ- mental Protection Agency wherein they were requesting payment of $2887 that their final audit had determined was due them as part of the City's 1976 settlement with Michaels- Stiggins Engineering. He further advised that, in conjunction with City Attorney Baird, he had replied to them that the City was not in agreement with their claim, and in fact, were of the opinion that an additional amount of $5368 is due the City from eligible grant monies for engineering. MEETING RE-SCHEDULE Due to the use of the Council Chambers as a Polling Place for the 1st Primary to be held on September 12th, the regularly scheduled Council Meeting for that date was re-scheduled for Wednesday, September 13th. CHAMBER OF COMMERCE TAX EXEMPTION City Attorney Baird advised that he had appeared before the County Property Appraisal Adjustment Board in support of the Cityls petition to have the Chamber building returned to a tax exempt status, and the petition was granted and the exemption restored for this/year. BROOME STREET IMPROVEMENT Motion was made by Councilman Schroedel. seconded by Councilman Cole and unanimously carried that City Manager Tiffany be authorized to engage engineering services to prepare preliminary plans for the construction of Broome Street, between Fourth and Fifth Streets, such location now existing as an unimproved dirt street. VISITORS WITH BUSINESS Mr. John Sokol appeared before Council and requested that the necessary action be taken to terminate the existing agreement of the City and the Clermont Recreation Club for the custodianship of Kehlor Park, and/or, place the Question for the City's electorate to vote on in the December general election as to whether or not they are in favor of such an agreement with the Clermont Recreation Club as now exists. It was the opinion of Mr. Sokol that the services by the Recreation Club for the City are minimal, if any, and that they are allowed special privileges that are prohibitive to the general tax paying public. Motion was made by Mayor Pro-Tern Byrd, seconded by Councilman Schroedel and unanimously carried that no action be taken to change the existing agreement between the City and the Clermont Recreation Club. There was no action taken regarding placing the Question on the December General Election Ballot. FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION City Manager Tiffany advised of a request from the Florida League of Cities, Inc. for the designation of a voting delegate to represent the City at the annual convention to be held in Hollywood, Florida on October 19th thru the 21st. Motion was made by Mayor Pro-Tem Byrd, seconded by Councilman Schroedel and unanimously carried that Mayor Claude E. Smoak, Jr., be designated as the primary voting delegate, and City Manager Tiffany as the alternate delegate. . e e e CITY OF CLERMONT MINUTES COMMUNICATIONS City Clerk Carroll read a communication in petition form, requesting that the City re- consider locating the City Hall in the downtown area, and to place this Question before the voters at the earliest possible time. There were 138 signatures on the petition. Inquiry for comment on the petition was made of City Attorney Baird, and be advised as follows: (1) In order to petition Council to have a question placed on the ballot, the petitioners must obtain the appropriate forms from the County Supervisor of Elections, have them executed and the signatures certified by the Supervisor of Elections, and the Question will then appear on the ballot, or; (2) The Council may consider the Question themselves by taking its own action to place the Question on the ballot, if it so desires. Mayor Pro-Tem Byrd requested that action be deferred until the next Regular Meeting as to whether or not Council desires to place the Question on the ballot, and that the matter be placed on the Agenda as New Business. ORDINANCES Councilman Schroedel introduced AN ORDINANCE OF THE CITY OF CLERMONT ADOPTING THE UTILITIES FUND BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1978-79: AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Schroedel introduced AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATIONS OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1978-79 AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT FOR THE YEAR 1978 OF 4.50 MILLS FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Cole introduced AN ORDINANCE OF THE CITY OF CLERMONT ADOPTING THE SANITATION SERVICE BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1978-79; AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, AMENDING SECTION 26 OF ARTICLE VI, APPENDIX A; PRO- VIDING RESTRICTIONS FOR RESIDENTIAL DISTRICTS, and the motion was seconded by Councilman Cole. 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, and Byrd. Total Ayes: Three. Nayes: None. Absent: Honey and Smoak. So the Ordinance was adopted and the Number 184-C assigned to it. Councilman Schroedel offered and moved the adoption of AN ORDINANCE ImDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT REPEALING CHAPTER 22 OF THE CODE OF ORDINANCES RELATING TO TAXICABS AND VEHICLES FOR HIRE. and the motion was seconded by Councilman Cole. The Ordinance was read for a second and final reading in its entirety by City Clerk Carroll, and upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Cole, and Byrd. Total Ayes: Three. Nayes: None. Absent: Honey and Smoak. So the Ordinance was adopted and the Number 185-C assigned to it. - e e - CITY OF CLERMONT MINUTES COMMENDATION Mr. Phil Searles, Executive Director of the Champer of Commerce, expressed appreciation to the City Council, and particularly to City Attorney Baird as their representative before the County Property Appraisal Adjustment Board, in support of having the Chamber office returned to tax exempt status. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Pro-Tem Byrd at 9:00 P.M. C~IS:A. B~JR~~I' MAYOR P -Kt/~'4) 11 IJv,AJ ~ D L ES W. CARROLL - CITY CLERK