05-13-1997 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
A regular meeting of the City Council of the City of Clermont was held Tuesday,
May 13, 1997 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: Council Member Dupee, Council Member Sargent, Council Member Norquist
and Council Member Cole. Other City officials present were City Manager Saunders,
Finance Director Van Zile, Planning Director Harker and Deputy City Clerk
Whitlock.
INVOCATION
The Invocation was offered by Council Member 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 April 22, 1997 were approved as
presented.
CITY MANAGER SAUNDERS' REPORT
Workshop
Council Members agreed to hold a Workshop on Wednesday, May 21 at 5:30 p.m. at
the Council Chambers.
League of Cities Sponsor's Night
City Manager Saunders reminded Council Members of the League of Cities Sponsor's
Night on Wednesday, May 28 at Silver Lake.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
Page 2
Change Order for Hewitt Construction on Jacks Lake Road
City Manager Saunders stated that Hewitt Construction, Lake County contractor for
the Jacks Lake Road project, installed additional water and sewer lines for the City to
serve a new development. The change order totals $136,344.63, of which the
developer has already paid his share.
97-080
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to approve the Hewitt
Construction Change Order totaling $136,344.63.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee reported that Lake County and a group of citizens are
effecting a Visioning Process entitled Lake County Tomorrow. She encouraged
citizens to attend one of 55 meetings in various locations in Lake County.
MAYOR POOL'S REPORT
Mayor Pool congratulated the Boys Baseball Team and Girls Softball Team who will
be going to the State Tournament in Pensacola.
VISITORS WITH BUSINESS
United Methodist Youth Group
City Manager Saunders stated that Randy Partain, director of the youth for the First
United Methodist Church has requested that Broome Street be closed between 7th and
8th Streets on Saturday, June 7 between 7:00 p.m. and 11:00 p.m. for a summer kick-
off event which would include a street dance with live entertainment and other
activities. All youth in Clermont area will be invited to the free event.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
MAY 13, 1997
Page 3
City Manager Saunders stated that the Methodist Church owns all the property on both
sides of the street so the closing would not affect any other property owners. He
recommended approval of the street closing request and street dance.
97-081
A motion was made bY Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to approve the closing of Broome
Street between 7th and 8th Streets on Saturday, June 7 between 7:00
p.m. and 11:00 p.m. for a street dance bY the United Methodist Youth.
New Life Presbyterian Church
City Manager Saunders stated that Don Mountain, Pastor of the New Life
Presbyterian Church is requesting the use of the new Waterfront Park pavilion for
Saturday evening, May 31. They propose to offer a free concert that will be open to
the public. The concert would begin at approximately 7:30 and last until 9:00 p.m.
He recommended approval of the request.
97-082
A motion was made by Council Member Sargent, seconded by Council
Member Dupee, and carried unanimously to approve the use of the
Waterfront Park pavilion on May_ 31 from 7.'30 to 9:00 p.m. _for a free
concert bY the New L(fe Presbyterian Church.
UNFINISHED BUSINESS
Final Reading of Ordinance 324-M
City Manager Saunders stated that Ordinance 324-M will rezone the former Dole-
Citrus property and the adjacent City-owned property that was previously used as the
City garage from C-1 Light Industrial and R-3 Residential/Professional to Central
Business District. Mayor Pool read Ordinance 324-M by title only and stated that the
request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak
in favor of or in opposition to the request must be sworn in. No one asked to be
sworn in.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
Page 4
City Manager Saunders stated that although the legal advertising of the ordinance
stated tonight's meeting, it was incorrectly announced at the Planning and Zoning
Commission meeting that the hearing would be held on May 27. Therefore, the final
adoption should be postponed until the May 27, 1997 regular Council meeting.
97-083
A motion was made bY Council Member Sargent, seconded by Council
Member Cole, and carried unanimously, with Council Member Norquist
abstaining, to table the adoption of Ordinance 324-M until the May 27,
1997 Council Meeting.
Final Reading of Ordinance 325-M
City Manager Saunders stated that Ordinance 325-M will close the southern end of
Lakeview Drive. The request is being made by the owners of the property that border
the south 64' on the east, west and south sides of the portion to be closed. Mayor
Pool read Ordinance 325-M by title only and stated that the request requires that a
Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in
opposition to the request must be sworn in. City Clerk Van Zile swore in the
following:
Micah Savelle
Gail Bohanan
1370 Sarno Rd., Suite A,Melbourne, FL
400 E. Colonial Dr.,//1102, Orlando
City Manager Saunders stated that the City Council recently approved a Conditional
Use Permit for a portion of the petitioner's property that lies southeast of Lakeview
Drive, however, it appears that their site plan will be amended which will require an
amended Conditional Use Permit. He recommended tabling the closing of this portion
of the street until the staff has had an opportunity to review and make
recommendations on the new site plan for the adjacent property.
Micah Savelle stated they received approval for S.R. 50 right-in/right-out yesterday
and they are ready to finalize the footprint. If the street was vacated, then the site
could be enhanced.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
Page 5
97-084
After considerable discussion, a motion was made by Council Member
Norquist, seconded by Council Member Sargent, and carried
unanimously to table Ordinance No. 325-M.
Lake County Interlocal Agreement
City Manager Saunders stated that the City Council previously approved the low bid
for paving of some of our City streets as a portion of the County's resurfacing project
and the proposed interlocal agreement between Lake County and the City concerns
this project. He recommended approval of the interlocal agreement.
97-085
A motion was made by Council Member Sargent, seconded by Council
Member Norquist, and carried unanimously to approve the interlocal
agreement with Lake Count_ for the street paving project.
NEW BUSINESS
Introduction of Ordinance 326-M
City Manager Saunders stated that Ordinance 326-M will introduce the annexation of
approximately 80 acres which abuts the eastern boundary of the City owned property
and is the location of our East sewage treatment plant and Hancock well. Mayor Pool
read Ordinance 326-M by title only and stated that the public hearing will be held on
May 27, 1997.
97-086 A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to introduce Ordinance 326-M.
Introduction of Ordinance 327-M
City Manager Saunders stated this ordinance will introduce the rezoning of the 80
acres to be annexed by Ordinance 326-M from UE Urban Estate to R-1 Urban
Residential.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
Page 6
Mayor Pool read Ordinance 326-M by title only and stated that the public hearing will
be held on May 27, 1997.
97-087 A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to introduce Ordinance 327-M.
Contract Closeout - Wagner Construction
City Manager Saunders stated that the closeout of the contract for the Waterfront Park
restrooms includes liquidated damages for the number of days Wagner Construction
was late in completing the project. There were several problems for which Wagner
Construction should be granted additional time which have been itemized by Strollo
Architects. Strollo is recommending awarding an additional 72 days to the contract
time leaving 69 days to be resolved. At the initial meeting with Wagner Construction,
Mr. Wagner indicated that the amount of time allotted in the contract was extremely
short and could be a problem. We agreed to work with Mr. Wagner as long as they
provided continuing effort for the completion of the project. There were several days
that no one was on the site and several weeks in which there were only two workers
along with the job foreman which was not a good effort for completing the project.
Substantial completion was not complete until 141 days after the scheduled completion
date.
City Manager Saunders recommended awarding an additional 45 days due to the
complexity of the job and the initial short period of 90 days for completion which
would leave 24 days of liquidated damages at $250 per day. The total reduction of
contract price would be $6,000. He requested approval of a change order granting a
total of 117 days which is the 72 days recommended by Strollo Architects and the 45
days.
97-088
A motion was made by Council Member Sargent, seconded by Council
Member Dupee, and carried unanimously to approve a closeout contract
with Wagner Construction granting a total of 117 days.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
Page 7
Bid Award - Greater Hills Pump Modifications
City Manager Saunders stated that the City purchased the Greater Hills water system
approximately three years ago. Modifications are necessary for converting the old
hydro pneumatic tank system to work properly with the new elevated tank. Bids were
received from Meredith Environmental for $168,717.00 and Bruce McGonigal, Inc.
for $208,352.53. He recommended the low bid from Meredith Environmental.
97-089
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to award the Greater Hills
pump modification bid to Meredith Environmental for $168, 717.
Bid Award - Mowing Contract
City Manager Saunders stated that $36,000 was budgeted in the storm water fund for
the mowing of our water retention areas. With the increased development in the City,
it is more cost effective to contract this work rather than perform it with City crews.
The following bids were received:
Cajun Custom Care
Florida's Touch
Grass Masters
$ 9,150.00
$18,989.70
$30,000.00
City Manager Saunders recommended awarding the bid to Cajun Custom Care in the
amount of $9,150.
97-090
A motion was made by Council Member Norquist, seconded by Council
Member Dupee, and carried unanimously to award the Mowing Contract
to Cajun Custom Care for $9,150.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 13, 1997
Page 8
RESOLUTION 950
City Manager Saunders stated that Resolution No. 950 is for introduction only, with
the public hearing to be held May 27. The resolution will create a Community
Redevelopment Agency for the downtown area. Mayor Pool read Resolution No. 950
by title only.
97-091 A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to introduce Resolution No. 950.
There being no further business or discussion, the meeting adjourned at 8:32 p.m.
Attest:
FORM 8B MEmORANDUM'OF VOTll CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL' *PUBLIC OFFICERS
~orquist, Ken · .. , Clermont. City coUncil
MAIL INt.; ADDRESS
CITY COUNTY
DATE ON WHIt'H VOTE ()Ct.'URRED
THI~ B()ARI). COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEE ON
1 SERVE IS A UNIT OF:
! .'- COUNTY I ! OTHER Lf)C'AL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS: ', ~'LECTIVE..-~E
APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by a. ny 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
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 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 Iocal'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:
You should complete and file this form (before making any attempt 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.
IF YOU MA'KE N0 A'ITEMPT TO 1' h~. DECISION EXCEPT BY 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
of the meeting, who should incorporate the Form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
1, ~'~ ~ '7~ 0 r'?yt..L / -q '(-' , hereby disclose that on ~--//_~
!
(a) A measure came or will come before my agency which' (check one)
, //inured lo my specia} privale gain; or
, inured to the special gain of
(b)' The measure before my agency and the nalure oF my inleresl in the measure is as Follows:
, by whom I am retained.
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §!12.317 (1985), A FAILURE TO MAKE ANY REQUIRED~
DISCLOSURE CONSTITUTES GROUNDS FOR ANI~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:n{
IMPEACHMENT, REMOVAL OR SUSPEI~SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM RB - 10-R6