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10-12-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 1993 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 12, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mr. Greg Homan followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held September 28, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT Florida Recreation Development and Assistance Program Grant City Manager Saunders stated that two years ago the City applied for a grant through the Florida Recreation Development & Assistance Program for the final phase of development of the Palaflakaha Recreation Area including: two racquet ball courts, a fitness court, a nature trail through the southwestern end of the park, a canoe launch, vehicle access from Seminole Street, and an additional parking lot. The estimated cost is $50,000. The grant was not received because the funding for the grants was cut off by the Legislature. The program has been funded again with $3 million allocated for grants (Oct. 31 application deadline) and no match required for amounts up to $50,000. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 199~ PAGE 2 93-181 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to apply for the Florida Recreation Development and Assistance Program Grant for $50, O00 for the final phase of Palatlakaha Recreation Area. New Police Department Roof Repair City Manager Saunders stated that Barrage Steel sent four rolls of steel and a representative to supervise the replacement of the steel roofing of the Police Department. Half of the two front sections of the building roof are rebuilt and they look very good. A little more than one roll of the steel has been used. Strollo Architects recommend that the remaining new steel be used to replace the areas most noticeable such as the back section of roof and around the sally port. After considerable discussion, the consensus of the Council was to request the remaining steel be used to replace the areas that are most noticeable. Central Florida Council for Boy Scouts, Summer Day Camp at Highlander Hut City Manager Saunders stated the Central Florida Council for Boy Scouts has requested the use of the Highlander Hut for the annual Summer Day Camp July 11 through 15, 1994. 93-182 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the use of the Highlander Hut at no cost for the Boy Scout Summer Day_ Camp July II- 15, I994. South Lake Memorial Hospital "Celebration of Life" November 6 City Manager Saunders stated that South Lake Memorial Hospital would like to hold a picnic at Center Lake for the cancer survivors of Lake County, called "Celebration of Life". Approximately 150 people are expected. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 199:3 PAGE 3 93-183 A motion was made by Council Member, TurWlle. seconded by Council Member Ivy. and carried unanimously to approve the use of Center Lake hY South Lake Memorial Hospital on November 6for "Celebration of Life" picnic. Cooper Memorial Library Monopoly Fund Raiser Cooper Memorial Library held a Monopoly fund raiser last year which was a success. They would like to hold the event again at Jenkins Auditorium on January 22 and request that the rental fees be waived. They hope to raise approximately $5,000. 93-184 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to waive the fees and approve the use of Jenkins Auditorium by Cooper Memorial Hospital on Janua~_ 22 for a Monopoly fund raiser. American Red Cross Shelter Designation of Jenkins Auditorium City Manager Saunders explained that Jenkins Auditorium in the past has been designated as a shelter. A new agreement has been requested by the Red Cross for shelter designation for Jenkins. 93- 185 A motion was made by Council Member Cole. seconded by Council Member Norquist, and carried unanimously to approve the agreement with the American Red Cross designating Jenkins Auditorium for an emergency_ shelter. Council Workshop City Manager Saunders stated that a Workshop needs to be set for presentations from the South Lake Development Council and Mr. Forest Michael of Michael & Michael regarding the Clermont/Minneola Rails to Trails project. The date of Thursday, October 21 at 7:00 was agreed to by Council Members. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 1993 PAGE 4 COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist requested that the timers be re-set at the tennis courts. VISITORS WITH BUSINESS Ed Ivey, Clermont Church of God, Resolution//809 City Manager Saunders stated that the Clermont Church of God is requesting a Conditional Use Permit for expansion of the church at 100 N. Grand Highway. They were issued a Conditional Use Permit about two years ago (Resolution #676) with a condition to start construction within two years. They current request is for the same addition as was proposed two years ago with no changes. Mayor Pool read Resolution 809 by title only and stated the request requires a Quasi-Judicial Hearing and that anyone wishing Jto speak in favor of, or in opposition to the request should be sworn in. Council Member Ivey stated he will abstain on the issue as he has a conflict of interest in the matter. City Clerk Van Zile swore in Edward P. Ivey, 978 Grand Highway, Clermont, FL. Mayor Pool opened the Public Hearing. Mr. Ivey stated that the request was identical to the Conditional Use Permit that was granted two years ago. Mayor Pool closed the Public Hearing. 93-186 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously (with Council Member Ivey abstaining) by roll call vote to adopt Resolution #809. UNFINISHED BUSINESS Final Reading of Ordinance 256-M City Manager Saunders stated that Ordinance 256-M will grant a commercial garbage franchise to BFI Waste Systems. The ordinance is the same franchise agreement that is in place for other commercial carriers within the City limits. He stated that BFI CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 1993 PAGE 5 Waste Systems has purchased the assets of Florida Garbage Service which has been operating under an approved franchise in the City. Mayor Pool read Ordinance 256-M by title only and stated that a QUasi-Judicial Hearing is required and that anyone wishing to speak in favor of, or in opposition to the Ordinance should be sworn in. No one requested to speak, and Mayor Pool closed the Public Hearing. 93-187 A motion was made by Council Member Cole, seconded by Council Member Ivey_, and carried unanimously by roll call vote to adopt Ordinance 256-M. Final Reading of Ordinance 257-M City Manager Saunders stated the ordinance will close a portion of Bloxam Avenue and Division Street north of Grand Highway, all located within the Edgewood Lake PUD. Final closing will be subject to the replatting of the streets within the new' subdivision. The alignment of the streets have been changed from the old City plat which requires closing and replatting. Mayor Pool read Ordinance 257-M by rifle only and stated that a Quasi-Judicial Hearing is required and that anyone wishing to speak in favor of, or in opposition to the Ordinance should be sworn in. No one requested to speak, and Mayor Pool closed the Public Hearing. 93-188 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Ordinance 257-M. NEW BUSINESS Introduction of Ordinance 258-M City Manager Saunders stated that Ordinance 258-M is the Sanitation Rate Ordinance which will adjust the sanitation rates to reflect an increase of $1.40 per month per CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 1993 PAGE 6 residential unit effective with the October 31 bill. The ordinance also establishes a replacement fee for roll-out garbage containers that require replacing because of neglect. Mayor Pool read Ordinance 258-M by title only. 93-189 A motion was made by Council Member Norquist and seconded by Council Member Ivey. to introduce Ordinance 258-M Introduction of Ordinance 280-C Mayor Pool read Ordinance 280-C by title only. City Manager Saunders stated the ordinance will amend the City's Pension plan. The ordinance adds to Section 16-5b which states that effective October 1, 1992 all retirees who retired prior to October 1, 1986 will receive an increase in their monthly retirement benefit amount of $2 per year of creditable service. 93-190 A motion was made by Council Member Ivey and seconded by Council Member Cole to introduce Ordinance 280-C. Property Purchase - Property Adjacent to 4th Street Well City Manager Saunders stated that the City has the opportunity to purchase the approximate 200' by 110' lot for $10,000 which is adjacent to the 4th Street well. reviewed a map showing the area that can be purchased. He The City Engineer and Public Services Director Davis have been concerned for several years that a new water treatment facility will need to be constructed. The property can also be used for an additional well site if a water treatment facility is not required. 93-191 After a brief discussion, a motion was made by Council Member Norquist. seconded by Council Member Ivey_, and carried unanimously to approve the purchase of the 200' x I10'parcel adjacent to the 4th St-reet well for $10,000. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 1993 PAGE 7 Vision Service Plan City Manager Saunders stated that the Vision Service plan is the vision insurance coverage offered to all City employees and their dependents. It is an optional plan that is paid for by the employee if they choose the coverage. The rates are the same as the previous year. 93-192 A motion was made by Council Member Ivey., seconded by Council Member Cole, and carried unanimously to approve the renewal of the Vision Service plan. Leadership Lake County Mayor Pool stated that Council Member Ivey has registered for, and is attending "Leadership Lake County" which is a 9-month program sponsored by the Leesburg Area Chamber of Commerce. He has requested consideration by the Council for payment of the $500 tuition. Council Member Ivey stated he will abstain on the issue as he has a conflict of interest in the matter. 93-1 Council Member Turville stated the program would benefit all the members, but he has reservations about paying tuition for the training because a Council Member is a part-time position and the burden should not be with the City tax payers, especially in with a deficit budget. Mayor Pool stated he supported paying the tuition as the program will make a better Council Member for attending. Council Member Norquist stated it would be like voting for a raise and would create a precedent. Council Member Cole did not feel comfortable paying tuition for an elected position. 93 After a brief discussion, a motion was made by Council Member Turville, seconded by Council Member Ivey_, and carried three to one, with Mayor Pool voting nay_ and Council Member Ivey_ abstaining, to deny paying $500 tuition for Council Member Ivey_ to Leadership Lake Count. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 1993 PAGE 8 There being no further business or discussion, the meeting adjourned at 8:14 p.m. Attest: FORM 8B MEM RANDU'M OF VOTIN ii CONFLICT FOR COUNTY, MUNICIPJf[,, AND OTHER LOCAEIfPUBLIC OFFICERS I.AST NAME--FIRST NAME--MIDDLE NAME' ' 9?6' CITY COO NTY NAME 'OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE AGENCY NAME.OF POLITICAL SUBDIVISION: . d/_ Fl. MY POSITION IS: ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or,other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest 'under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not reqUired by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and. filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ,ECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting.on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: e ou should complete and file this form (before making, any attempt to influence the decision) with the person responsible for cording the minutes of the meeting, who will incorporate the ~form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. i I'¢~rxl ~B I¢1-R6 PAGE IF yOU MAKE NO A'ITEMPT T° INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR.VOTE AT THE MEETING: · 'You'ShOuld disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutet of the meeting, who should incorporate the form in the minutes. - DISCLOSURE OF STATE OFFICER'S INTEREST l,' ~ 4~.~A~ ~/ .~, ~- ~/~'y , hereby disclose that on ~O C 7"t9 ,~,,~ '(a) A measure~or will come before my agency which (check one) ,19q.3 : __ inured to my special private gain; or h-'~mured to the special gain of , by whom I aM?~tained. (b) The measure'before my agency and the nature of my interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY oNE OR MORE OF THE FOLLOWIN( IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2 FORM 8B M -M UM'OF VOT- G ONFLICT FOR. · COUNTY, MUNICIPAL, AND OTHER LO, CAL.'PUBLIC'.OFFICERS I.AST NAME--FIRST NAME--MIDDLE NAME MAILING ./&DI~ RESS CITY DATE ON WHICH VOTE OCCURRED COUNTY NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION(. AUTHORITY, OR COMMI~EE ON WHICH I SERVE IS A UNIT OF: :. ~ ~.] COUNT~ ~ 3 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: L'~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at .the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are [}resented with a voting conflict of interest under Section 112~3143, Florida Stattttes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced With a measure in which you have a ronflict of interest will vary. greatly depending on whether you hold an elective or appointive position'. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES, ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose thc conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the Person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, muniCipal, Or other local public office MUST' ABSTAIN'from voting on'a measure Which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure Which inures to the · special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive' lbcal office otherwise may parti$ipate in a matter in which he has a conflict of interest;, but must disclose the nature Of the conflict before making any attempt to influence the decision by oral or written communication; whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEcIsi°N PRIOR TO THE MEETING AT WHICH THE VOTE WILL. 'BE 'TAKEN,: ' 'should complete and file this form (befOre making any at!empt to influence the decision) 'with the person responsible for recording the minutes of the meeting, who Will incorporate the 'form in the minutes. ' · A copy of the form should be provided immediately to the Other members of.the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IFYOU MAkE NO.' TTEMPT TO II~FLUENC'E:THE DECISION EXCEPT BY DISCUSSION OR VOTE ATTHE MEETING: . . ~., .7 ~ ' ' '~:: :.' '.! :~ .! :7:,.. ' :.' ' ' ,, .';- . . .-? ' -' * You'Should disclose orally the nature'of your., conflict in the'measure before participatifig. · You should complete the form. and file it within 15 days after the vot~ occurs with the person respo,nsible for recording of the'meeting, who Should incorporate the form' in the minutes. · DISCLOSURE OF STATE OFFICER's INTEREST' / , .hereby disclose that on (~ 7"c~ ,~,~,d~ '(a) A me.~.su're(~o'r will come before my agency which (check one) t~' inured to my special private 'gain; or toured 'to the special gain of (h) The measure before my agency and the nature of my interest in the measure' is as follows: , by whom I am retained. cpc 19, Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE