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08-13-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 13, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tern Norquist; Council Member Cole; Council Member Dupee and Council Member Sargent. Other officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Finance Director Van Zile, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held July 23, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Council Workshop Council Members agreed to hold a Council Workshop on Tuesday, August 20, 1996 at 6:00 p.m. in the City Hall Conference Room. Department of Community Affairs Grant Application City Manager Saunders stated that the State has appropriated funds to assist local governments with the preparation of the mandated Evaluation and Appraisal Report in regard to the Comprehensive Plan. There is $14,069 available to Clermont through a grant application which will fund a portion of this required report. 96-166 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the Ci~_ 's grant application to the Department of Communi~_ Affairs. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1996 Page 2 Florida Power Franchise Agreement City Manager Saunders stated that he received a letter from Florida Power Corporation on July 30 which stated that they accepted the Franchise Agreement (Ord. 317-M) that had been adopted by Council on July 23, 1996. He stated that the acceptance letter will be filed with the Franchise Agreement in the official records. Jenkins Auditorium Painting City Manager Saunders stated that on direction of the Council, he obtained quotes for the painting of Jenkins Auditorium. Quotes received were as follows: Bishop's Paint and Decorating Professional Painting and Waterproofing Longshore Painting $2,915 $3,146 $5,000 96-167 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the quote of $2,915 from Bishop's Paint and Decorating to paint Jenla'ns Auditorium together with a budget amendment in that amount provided that the job can be done by August 23, 1996. If Bishop's is unable to complete the painting by August 23. the job will be o__ffered to the second-low bidder if they can complete the job by that date. Council Members agreed that the paint color should be the same as Clermont City Hall--ivory with brown trim. Clermont Waterfront Park Trees and Shrubs City Manager Saunders stated that City workers will be planting the trees and shrubs at the new Waterfront Park. He estimated the cost of the trees and shrubs to be approximately $13,000 and he requested approval for obtaining quotes. CITY OF CLERMONT 1VflNtYTES REGULAR COUNCIL MEETING AUGUST 13, 1996 Pa~e 3 96-168 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously to approve obtaining quotes for the trees and shrubs for the Waterfront Park. Purchase of Schafer Property City Manager Saunders stated that the City has tried to acquire a 250' strip of land by the old American Aluminum property for the Rails to Trails project which is owned by Clarence Schafer. Although Mr. Schafer has agreed to sell the property to the City for $10,000, City Attorney Baird has been unable to reach a settlement with the various lien-holders of record on the property and he now recommends proceeding with condemnation. City Attorney Baird stated that the first step will be to obtain an appraisal of the property. 96-169 ,4 motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to authori:~e Ci~_ Attorney. Baird to begin condemnation proceedings and obtain an appraisal on the Schafer property_. COUNCIL MEMBER DUPEE'S REPORT Florida League of Cities Annual Convention Council Member Dupee stated it was a pleasure to represent Clermont at the annual convention. She reported that the majority of the program was on new technology. South Lake Chamber of Commerce Breakfast Council Member Dupee invited everyone to the Chamber Breakfast on Friday, August 16 at 7:30 a.m. which is sponsored by the Lake Sentinel and will be an open discussion on Lake County's political scene. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1996 Page 4 MAYOR POOL'S REPORT Mayor Pool stated that political candidates should be reminded that signs should not be placed on right-of-ways and that a sign permit is required from the City Planning Department. NEW BUSINESS Introduction of Ordinance 318-M Mayor Pool stated that Ordinance No. 318-M is for introduction only and he read it by title only. City Manager Saunders stated that the property is located on Prince Edward Street, about 150' south of the intersection with Pitt Street. The lots are already developed with a duplex and a quadplex and the rezone will be a correction from the R-1 zone to R-2. 96-170 A motion was made by Council Member Dupee and seconded by Council Member Cole to introduce Ordinance 318-M. Park Acceptance - Indian Hills Park City Manager Saunders stated that Miss Florence Pool contacted the City in reference to donating to the City the Park of Indian Hills which is located at the south end of 12th Street on Lake Minnehaha. A Quit Claim Deed has been executed, however, City Attorney Baird has recommended that this item be placed on the Council Agenda for acceptance or rejection by the City. The City has maintained this park over the years in return for the park remaining open to the general public and not being restricted to the subdivision residents only. The donation to the City restricts the use of the park to its current status which would not allow any permanent installations of equipment in the park. Mayor Pool stated he would abstain from voting on the issue. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1996 Page 5 96-17~ A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously with Mayor Pool abstaining to accept the Park of Indian Hills into the Ci~_ park system. Garbage Service City Manager Saunders stated that the possibility of contracting out the garbage service for Kings Ridge to a private garbage service has been discussed with Lennar Homes, who has no objections. A proposal has been received from South Lake Refuse Service which is franchised with Lake County and provides service to the unincorporated area of South Lake County. The proposed contract is for one year at a price of $15.30 per household per month. One additional paragraph will be added requiting identical insurance coverage required by Lake County. City Manager Saunders stated that Kings Ridge residents will have City of Clermont wheeled garbage containers and recycle bins, and the City will bill the residents for the service. However, the City will pay South Lake Refuse on a monthly basis, not the residents. 96-172 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve a one-year contract with South Ixtke Refuse for Kings Ridge. Bid Award - 12 Generator Units City Manager Saunders stated that five bids were received for 12 generators which will be installed at Lift Stations 9, 15, 18, and 21 which are part of our old system and were budgeted for this year. Other installations will be at new lift stations E-l, E-2, E-3, E-4, E-5, and E-6 which are all part of our sewer extension to the east and will be installed in the next six months. Also included is a generator for the Hancock well and one portable generator budgeted this year. The low bid was received from Cummins Onan in the amount of $329,588. He recommended awarding the bid to the low bidder. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1996 Page 6 96-173 71 motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the low bid of $329,588 for 12 generator units to Cummins Onan. Approval of Change Order #3 - Treatment Plant City Manager Saunders stated that a Change Order #3 from Fabco Constructors has been received for additional excavation that was necessary for the filtration ponds at the new sewage treatment plant. The cubic yards included in the bid was an estimate based on an old topographic survey. The change order takes into account the exact elevation and the calculated cubic yards of dirt that was excavated is agreed to be 17,154, payable at $2 per cubic yard. One additional gate valve is also included for a total on Change Order #3 of $34,546. The total contract is now $930,045.50. 96-174 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve Change Order #3 to Fabco Constructors in the amount of $34,546 for additional excavation and a new gate valve for the new sewage treatment plan_t. AUDIENCE COMMENTS Bill McCoy asked about the Rails to Trails path if the Schafer property is not obtained. City Manager Saunders stated the trail would have to be diverted around the property at West Beach. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1996 Page 7 There being no further business or discussion, the meeting adjourned at 8:13 p.m. Robert A. Pool, Mayor Attest: FORM 8B MEM rl; ANDUM' OF VOTIN ONFLICT FOR COUNTY, MUNIOIP AND OTHER LOCA PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME Pool, Robert A. ~g464 East Avenue CITY COUNTY Clermont, FL 34711 DATE ON WHICH VOTE OCCURRED August 13, 1996 NAME'OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Clermont City Council THE BOARD, COUNCIl,, COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: :,X CITY ','~ COUNTY i ! OTHER LOCAL AGENCY NAME OF POLI'I:ICAL SUBDIVISION: MY POSITION IS: Xl ELECTIVE ~'~ 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 lag' 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 OECTED 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: ~ll~OU should complete and file this form (before making any attempt to influence the decision) with the person responsible for Wcording 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'¢)R\I aB lO-R6 IF ,YOU MAKE NO' ATTEMPT T° INFLUENC~E. 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 minute ~_ of the meeting, who should incorporate the form in the minutes. Robert A. Pool "(a) A measure came or will come before my agency which (check one) X' inured to my special private gain; or __ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: DISCLOSURE OF STATE OFFICER'S INTEREST , hereby disclose that on August 13, 1996 , by whom I am'retained. The acceptance of the Park of Indian Hills into the City of Clermont park system. 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 OFF1CE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2