Loading...
09-03-1986 Special Meeting - - CITY OF CLERMONT MINUTES SPECIAL COUNCIL MEETING September 3, 1986 A Special Meeting of the City Council of the City of Clermont was held on Wednesday, September 3, 1986 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Council Member Cole, Council Member Dupee, Mayor Pro Tem Hal Turville and Council Member Huff. Other City Officials present were City Manager Saunders, City Attorney Baird and Finance Director Van Zile. INVOCATION The Invocation was offered by Mayor Pro Tem Turville followed by the repeating of The Pledge of Allegiance to the Flag by all present. PUBLIC 'HEARING RESOLUTION NO. 538 - TENTATIVE MILLAGE RATE Mayor Pool explained that the purpose of the meeting was to hold a public hearing to discuss the City's proposed budget for fiscal year 1987. City Manager Saunders explained that according to State Statute, the first item to be discussed must be the City's percentage increase in millage over the rolled-back rate necessary to fund the proposed budget, and the specific purposes for which ad valorem tax revenues are being increased. Mayor Pool advised those present that the millage rate of 2.429, which is the sames as last year's rate, represents a 4.2% increase over the rolled-back rate. Mayor Pool then read Resolution No. 538 concerning the tentative millage rate in its entirety. 86-l47A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TENTATIVELY ADOPT RESOLUTION NO. 538 ADOPTING A TENTATIVE MILLAGE RATE OF 2.429. RESOLUTION NO. 537 - TENTATIVE GENERAL FUND AND FEDERAL REVENUE SHARING BUDGETS City Manager Saunders explained that the proposed General Fund Budget includes total revenues of $1,502,805 which is an increase of 9.5% over last year, and proposed expenditures are $1,559,362 or an increase of 2.5% over last year. Total proposed expenditures for the Revenue Sharing Budget are $55,935. The General Fund provides for the basic tax supported services of the City, which include police and fire protection, maintenance of streets and sidewalks, parks and recreation, fleet maintenance, street lights, animal control, legal services, and administration. It was also pointed out that as of October 1, 1986 the City would receive its final Federal Revenue Sharing payment. However, according to the last bulletin received from the federal government, there is some hope that the program may be revived. 86-l48After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TENTATIVELY ADOPT RESOLUTION NO. 537 PROVIDING A BUDGET.OF EXPENSES FOR THE GENERAL AND FEDERAL REVENUE SHARING FUNDS OF THE CITY OF CLERMONT. THE RESOLUTION WAS READ BY TITLE ONLY. . . CITY OF CLERMONT MINUTES SPECIAL COUNCIL MEETING September 3, 1986 Page -2- RESOLUTION NO. 536 - TENTATIVE SANITATION FUND BUDGET The Sanitation Fund provides for garbage and trash collection. Revenues from this fund are projected to be $267,300 which is an increase of 2.3%. Proposed expenditures are budgeted at $244,503 or an increase of 2.6% over last year. 86-l49After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TENTATIVELY ADOPT RESOLUTION NO. 536. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 535 - TENTATIVE UTILITIES FUND BUDGET City Manager Saunders explained that revenues for this fund are projected to be $1,033,532 which is an increase of 20.2% over last year. The increease is mainly due to the new sewer rate schedule which will go into effect December 1, 1986. The new rates were required to fund the treatment plant expansion and sprayfield which were previously approved. Expenditures are budgeted at $907,651 which is an increase of 4.3% over last year. Mayor Pool stated that he had received a telephone call from a Mrs. Rebecca Anderson who felt that she was already paying enough for utilities, and that there should be no increase in the rate. ~ 86-l50A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 535. THE RESOLUTION WAS READ BY TITLE ONLY. FINAL APPROVAL OF TREATMENT PLANT EXPANSION, LIFT STATION #6 AND SPRAYFIELD PROJECTS City Manager Saunders reported that as of today, after two years, the City received final approval from the Environmental Protection Agency and the Farmers Home Administration for the treatment plant expansion, lift station #6 and sprayfield expansion projects. Mr. Saunders briefly summarized the obstacles the City has faced in trying to obtain final approval for the projects. EPA approval had been granted two weeks ago, but an untimely scheduling of vacations of FmHA officials had forced the City to obtain a one week bid extension from the contractors in order to have enough time to obtain the needed FmHA approval. Mr. Saunders continued by stating that he had spent the morning with Mr. Ron Whitfield, District Director of the FmHA, and that the City had been issued the needed final approval. In order to meet the bid extension deadline of Friday, the "Notice of Award" will need to be mailed to the contractors tommorrow. Mr. Saunders explained that before this can be done, the Council must grant a final authorization to issue the "Notice of Award". Tentative approval, subject .to FmHA and EPA final approval of the projects had been granted by Council on June 10, 1986. 36-l51After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT FINAL APPROVAL OF THE PROJECTS AS PREVIOUSLY ADOPTED BY COUNCIL ON JUNE 10, 1986. City Manager Saunders commended Finance Director Van Zile for his countless hours of work in filling out forms and talking on the phone with the various governmental agencies to bring about approval of these proje~ts. . . CITY OF CLERMONT MINUTES SPECIAL COUNCIL MEETING September 3, 1986 Page -3- WADE PROPERTY City Manager Saunders reported that about six weeks ago Bob Wade had applied to the City for a permit to construct a clay road from his excavation site to his property behind Quincy's. Mr. Saunders stated that he had required Mr. Wade to contact the St. Johns River Water Management District, the Department of Environmental Regulation and the Army Corps. of Engineers, who are in charge of all dredge and fill permitting, to see if any of these agencies had any jurisdiction in this matter, considering the proposed project's close proximity to Jack's Lake. The City has received letters from the three agencies stating that they had concerns about what was going on in the area in question, but the law did not give them any jurisdiction over it. Therefore. the permitting process for constructing the road is within the City's jurisdiction. It was requested that Mr. Wade furnish the. City a development plan and topographic map showing the existing grades, what he wanted to put on the property and the finished grade of the project. It was pointed out that if Mr. Wade had not been in a floodplain, he would have been able to place up to two feet of fill on the property without a permit. However, because he is in the floodplain, our floodplain ordinance applies to the property, and it states that a development plan must be reviewed. After it has been reviewed by the City Engineer and Staff, if it is their opinion that there would be an adverse effect on the floodplain, then no development permit can be issued until such time as Mr. Wade would have an engineer certi.fy what he wished to do would not adversely affect the floodplain. Mr. Saunders further stated that Mr. Wade had brought in a site plan showing approximately 200' of the proposed road as being below the high water mark of 85' as established by Lake County, In light of these facts, Mr. Wade was contacted and told that it was the City Engineer's and City Staff's opinion that the proposed road would adversely effect the floodplain around Jack's Lake. A letter of this opinion will be issued by John Springstead, the City Engineer. Mr. Wade has stated that he wishes to place l' 10" of fill across the area between the two 'segments of the lake, and according to the City Engineer this would be like building a dike between the two lakes preventing a back and forth flow of water. . .City Attorney Baird explained that if Mr. Wade did obtain an engineer's opinion that the fill would not adversely effect the floodplain, he believed that the City Council would have the final authority to determine if that engineer's report was acceptable to the City. The discussion continued, and it was pointed out that if Mr. Wade ever wished to pave the road in question, then the whole matter would come under the jurisdiction of the DER and the St. Johns River Water Management District. City Manager Saunders stated that he wished to keep the Council informed of this matter, and that the City had closely followed its floodplain ordinance in handling this request. Much discussion ensued concerning the effects the road would have on the property and the environmental impact it would create on the lake - - CITY OF CLERMONT MINUTES SPECIAL COUNCIL MEETING September 3, 1986 Page -4- and pond. It was the consensus of Council that the City Staff should proceed in the handling of this request in the manner reported by City Manager Saunders. There being no further b.usiness, the meeting adjourned at 8:10 p.m. 44 (~~~ Robert A. Pool, Mayor Attest: City Clerk ~ I FORM 4 ORANDUM OF VO.. CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME Turville, Harold MAILING ADDRESS 150 West Minnehaha Avenue CITY Clermont, FL 32711 THE BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: tIICITY eCOUNTY eOTHER LOCAL AGENCY eSTATE COUNTY Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED August 26, 1986 NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Clermont Cit Council City of Clermont WHO MUST FILE FORM 4 This form is for use by any person serving 'on either an appointed or elected board. council. commission. authority. or committee, whether state or local. and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided . into two parts: PART A is for use by persons serving on local boards (municipal. county. special tax districts, etc.). while PART B is prescribed fpr all other boards. i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain ofany principal (other than a government agency as defined in Section 112.312(2). Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and ' (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independ'ent special tax districts elected on a one-acre, one-vote basis are not prohibited from v~ting, In such cases. however. the oral and written disclosure of this part must be made.' I. the undersigned local public officer, hereby disclose that on Auqust 26 .19~: (a) I abstained from voting on a matter which (check one): _ inured to my special private gain; or ~ inu'red to the special gain of Patrick Hoehn . by'whom I am retained. . I CE FORM 4. REV, 10..84 PAGE I ,.........---.. ~ c/..) , (// (b) The measure on which I abstained and ~he nat'ure of my interest in the me~sure is as follows: 1 My wife and I are employed part-ti~e by the applicant (Patrick Hoehn). We wholesale fishing tackle. ~~~ Date Filld / Please see PART C for instructions on when and where to file this form. PART 8 VOTING CONFLICT DISCLOSURE FO~ STATE OFFICERS [Required by Section 112.3143(2). Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any maUer. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 1 S days after the vote occurs. I. the undersigned officer of a state agency, hereby disclose that on . 19 _: (a) I voted on a matter which (check one): _ inured to my special private gain; or _ inured to the special gain of . by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes ofthe meeting. who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIOSSOF FLORIDASTATUTESIII2.JI7(I98J). A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTESOROUNDS FORASD 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 PENAL TV NOT TO EXCEED 55,000. PA.GE : CE FORM 4. REV, /0-84