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01-14-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 14, 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 December 10, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Council Members agreed to hold a Workshop on Tuesday, January 21 at 6:00 p.m. Sludge Removal for Sewage Treatment Plant City Manager Saunders stated that during the annual inspection from the Department of Environmental Protection for the west side sewage treatment plant, they noted excessive solids in the chlorine contact chamber. He stated the pond has not been cleaned since it was built in 1971. The sludge needs to be removed while the plant is running and water is still in the pond. Only one contractor has been found in the area that can remove the sludge while the plant is running, which is Dragon Environmental Corporation and they have given a quote to do the sludge removal for $7,050. Council approval is needed for a sole-source provider. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 2 97-001 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the sludge removal quote for the west side treatment plant by Dragon Environmental Corporation in the amount of $7,050. Water Line Upgrade City Manager Saunders stated that a housing development is being built north of the Hospital site and the developer is required to extend the water line to his site from the Hospital site. The size of the line required for the development is 8", however, City Manager Saunders proposes to upgrade the line to 16" which will allow other properties to be served. The cost will be approximately $60,000 to the City and $58,000 to the developer and he asked Council approval to authorize the upgrade. 97-002 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the upgrade of the water line from 8" to 16" north of the new hospital site for an estimated cost of $60,000. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that Chamber of Commerce will hold a breakfast, sponsored by SunTrust Bank on January 17 at 7:30 a.m. The President of SunTrust, George Carne will speak on the state of the economy. The annual Chamber of Commerce Banquet will be held January 31 beginning at 6:00 p.m. The Lake County League of Cities will hold weekly legislative meetings the beginning in February. MAYOR POOL'S REPORT Mayor Pool requested that Council Members support a Boy Scout dinner to be held on March 11. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 3 MAYORAL PROCLAMATION Mayor Pool read the Arbor Day Proclamation observing Arbor Day on January 18. VISITORS WITH BUSINESS Lund Construction Variance Request City Manager Saunders stated that the applicant is requesting a variance to allow temporary on-site RV occupancy by a security guard at the Oak Park Adult Congregate Living Facility job site at 650 E. Minnehaha Avenue. Mayor Pool 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. Randy Lund, 16735 Bay Club Dr., Clermont was sworn in by City Clerk Van Zile. Randy Lund stated that a 15-year employee of the company would locate his RV on site which provide safety and security to the project. City Manager Saunders stated that this is a major commercial project with access on three sides He stated that the staff recommends approval for the placement of the RV which will be removed prior to the issuance of the Certificate of Occupancy. Mayor Pool closed the public hearing. 97-003 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve the variance to allow a temporary on-site RV occupied by a securi~_ guard at the Oak Park Adult Congregate Living Facili~. job site at 650 E. Minnehaha Ave. Ruby Ramsarup - Request to allow an open bar at Jenkins Auditorium City Manager Saunders stated that the applicant is requesting an exception to our policy for the use of Jenkins Auditorium. Ms. Ramsarup is planning a wedding reception for July 5 and would like to have an open bar. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 4 City Manager Saunders stated that several years ago the City Council adopted a policy against open bars due to problems that we experienced and additional liabilities to the City. He recommend denial of this request. Council members stated that the current policy has reduced the problems. Mayor Pool asked that Ms. Ramsarup be informed that a traditional champagne toast is allowed. 97-004 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to deny the request by Ruby Ramsarup to allow an open bar at Jenla'ns Auditorium. UNFINISHED BUSINESS Ken Norquist - Resolution No. 927 City Manager Saunders stated that Mr. Norquist has indicated that his engineer is revising the final site plan it is not available to tonight's meeting. Therefore, he requested tabling the request until the January 28 meeting. 97-005 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously, with Council Member Norquist abstaining, to table Resolution No. 927 to the Januam_ 28, 1997 regular Council Meeting. Final Change Order with CFE - Waterfront Park Site Work City Manager Saunders stated that this item was on the December 10 meeting agenda, however, it was tabled since Mr. Stalowy of CFE had not responded at that time to our proposed final change order. Mr. Stalowy is still questioning two items, however, City Manager Saunders recommended that the Council approve the final change order and issue the final pay as outlined. CITY OF CLEP~4ONT ~NUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 5 97-006 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the final change order/final pay in the amount of $32,078. 68 to CFE for the Waterfront Park site work. NEW BUSINESS Impact Fee Agreement City Manager Saunders stated that the City Council selected Hartman & Associates to conduct our Impact Fee update and directed the staff to come back with a proposed agreement. The proposed agreement is consistent with the proposals presented previously to the Council. A lump sum fee of $15,570 include items 1-7 of the agreement, and Item 8 will be based on an hourly rate schedule with a not to exceed figure of $2,656. He recommended approval of the agreement. He also stated that he would discuss with Hartman & Associates an Interim Services Fee study. 97-007 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the agreement with Hartman & Associates for an Impact Fee update. DOT Rails to Trails City Manager Saunders stated we have received notification from DOT that they are prepared to place the project out to bid. The original agreement that the City entered into on September 21, 1994 required the City to fund $59,145 of the construction cost. There was also a statement in the agreement that if the estimated bid cost exceeded the estimated agreement cost, the cities of Clermont and Minneola would have to fund half of the excess. Several months ago DOT informed the City that the estimates were in excess of the budgeted construction dollars and we approved several items to be eliminated from the project in order to reduce the estimated costs to keep the City of Clermont's portion at $59,145. The project estimate is now $1.6 million with the estimated City share to be $105,797 and DOT is asking for payment of that amount. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 6 City Manager Saunders explained that the Clermont/Minneola project is in the first round of ISTEA grant money. Matching funds were not required of later grant participants. He requested Council permission to address this issue with DOT and ask that DOT use discretionary funds to provide the portion above the original $59,145 agreed to in 1994. 97-008 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to request the Department of Transportation to waive the amount requested that is in excess of the $59,145 matching amount agreed to in 1994. Change Order #1, Censtate Construction City Manager Saunders requested approval of Change Order No. 1 for Censtate Construction for a decrease in the contract amount of $110,158.05. The agreement allowed for the City to direct-purchase materials in order to obtain a cost savings related to the sales tax. The decrease in the contract is the amount of direct material purchases which resulted in a savings of $9,310. 97-009 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve Change Order #1 to Censtate Construction for a decrease in the amount of $110,158.05. Change Order #1, Caldwell Tank City Manager Saunders requested approval of Change Order #1, the final change order for the 400,000 gallon water tank. An additional amount of $9,284 is due Caldwell Tanks due to a change in the painting specifications from the original bid. 97-010 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve Change Order #1 in the amount of $9,284 to Caldwell Tanks_for the 400,000 gallon water tank.. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 7 Board Appointments City Manager Saunders stated that five seats are up for appointment this year in the Planning and Zoning Commission. Those seats were previously held by Joe Wiebush, Marilyn George McLauchlin, James Brown, Darryl Bishop and Keith Mullins. There is also one unexpired term that was held by Wendell McDannel who has resigned from the Board. All of the previous members except Mr. McDannel have requested to be re-appointed. Michael Floyd, who resides at 949 Chestnut Street and Paul Lienard, who resides at 3716 Hasting Lane have requested to be considered for the Planning & Zoning Commission. 97-011 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously to re-appoint Joe Wiebush, Marilyn George McLauchlin, James Brown, Darwl Bishop and Keith Mullins to the Planning and Zoning Commission. 97-012 A motion was made by Council Member Dupee to appoint Paul Lienard to fill the unexpired one-year term on the Planning and Zoning Commission, The motion died for lack ora second. 97-013 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to appoint Michael Floyd to the unexpired one-year term on the Planning and Zoning Commission. City Manager Saunders stated that two seats are up for re-appointment this year on the Code Enforcement Board which were previously held by George Wood and Steve D'Amico. Mr. Wood has requested re-appointment and Mr. D'Amico has indicated he does not wish to serve another term. 97-014 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to re-appoint George Wood and appoint Paul Lienard to the Code Enforcement Board. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 14, 1997 Page 8 97-015 Mayor Pool re-appointed the existing members of the Parks & Recreation Board: Jack Gaines, Ron and Barbara Hollerand and Ernie LaSalle. He also appointed new member Walter Hundley. Mayor Pool re-appointed existing members: Joe Janusiak, Oakley Seaver, Nancy Davis, Percy Coleman, Alan Heinrich, Lucy Lamper, Alfred Cheesborough, Jo Flemming, Tracy McLemore Wade, Ron and Barbara Hollerand, and Ernie LaSalle. He also appointed new members Ruth Mozello, Robert Lewis, Misty Obar and Hope Lamb. Outside Agency Appointments: Representatives were appointed as follows: Cooper Memorial Library Liaison: East Central Florida Regional Planning Council: Lake County Board of Commissioners Liaison: Lake County League of Cities Board of Directors: CDBG Task Force Member Zoning & Housing Board of Adjustments: Robert Pool Ann Dupee Ken Norquist Ann Dupee Jack Sargent City Council Clermont Chamber of Commerce Liaison: None (2 Members on Chamber Board) There being no further business or discussion, the meeting adjourned at 8:29 p.m. Robert A. Pool, Mayor Attest: /_/J~6seph E. Van Zile~d~ity Cie k FORM 8B MF. ORANDUM* OF VOTIIliP CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOC' L PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME MAILING ADDRESS CITY COUNTY DATE ON WHICH vOTE (X'CURRED nAMe Ge BOARD, COUNCIL, COMMIssION. AUTHORITY, OR comMIttee C]ocmon~:. City Council Momboc THE BOARD. COUNCIl.. COMMIssION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ' ,~CITY ! ' COUNTY i ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION Is: '. ' ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving al the county, city. or other local level of government on an appointed or elected board, council, commission, authority, or committee. Il applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of inlerest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although lhe 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 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 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: 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. (. I I (Jl~ \1 nil lil-I~fi PAGE IF YOU MAKE NO AT'rEMPT TO i'NFLUENCE T~iE 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 i:5 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, /~ ~ //~ f)£ ~ t.~ ,'5 '~ , hereby disclose that on () (a) A measure came or will come before my agency which' (check one) ~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: , by whom I am retained. Signature / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED 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. 'E FORM FORM 8B MEi ORANDUM' OF VOTII I 'CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL' *PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME MAIL RESS ~ CITY COUNTY DATE ON WHICH VOTE (~'CURRED N~RD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE WHICH I SERVE IS A UNIT OF: '~ITY ! ' COUNTY I ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: · :: ELECTIVE 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 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 1NTEND 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'vi~EMPT TO 1'~~[~. DECISION EXCEPT BY ~R 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 !$ days after the vote occurs with the person responsible for recording the mtn of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST l, ~ ~ ~ , hereby disclose that on (a) A measure came or will come before my agency which' (check one) ~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: , by whom I am retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §i12.317 (1985), A FAILURE TO MAKE ANY REQUIREI~ DISCLOSURE CONSTITUTES GROUNDS FOR ANI~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:'~' IMPEACHMENT, REMOVAL OR SUSPEI~ISION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $:5,000. ?E FORM