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03-27-1984 Regular Meeting -, . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 27, 1984 The Regular Meeting of the City Council of the City of Clermont was held March 27, 1984 in the Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Henry, Council Member Cole, and Council Member Turville. Mayor Pro Tem Pool was absent. Other City Officials present were: City Manager Forbes, City Attorney Baird, Deputy City Clerk Brandt and Finance Director Saunders. INVOCATION The Invocation was given by City Manager Forbes followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held March 13, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT UNIVERSAL TANK It was reported that the one year warranty inspection of the City's 500,000 gallon water tank in February of 1983 had revealed that the tank is well constructed but the interior paint is peeling, flaking and blistering. Mr. Howie Greene, the City's inspector, has recom- mended that the entire tank interior be sandblasted to bare metal and repainted. AWWA specifications state that if 25% or more of the paint has failed, the entire job should be redone. About 30% of the paint in our tank has failed. It was further reported that after one year of trying to get Universal Tank to remedy the situation, they came to Clermont the previous Tuesday, but had no intention of redoing the entire tank. Instead, they intended to patch the inferior areas. Mr. Greene believed that this method was inadequate, and in one year the tank would be in poor condition again. Two other professional opinions concurred with Mr. Greene's findings, and Mr. Forbes stated that he asked Universal Tank to repair the tank properly or leave, and they left the City. It was further reported that the City was having a professional paint engineer come to inspect the tank, and that we would abide by his decision as to what method of repair to use. Every day the tank is drained, the City's wells must be operated manually at considerable extra expense to the City. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT LETTER It was reported that as part of recent legislation, the City must now obtain a Consumptive Use Permit from the State to operate its three wells. Nothing has really changed, and that obtaining this permit is a routine matter. It was further reported that poorly written letters had been sent from the Water Management District to all residents living within 400' of each well asking for their objections, if any, to the City obtaining a permit to operate its wells. The City Staff had received numerous calls asking for an explanation of this letter. TELEVISION STATION WMOD LETTER It was reported that all City Council Members had received certified letters from station WMOD, but no one really understood the contents of the letter. City Manager Forbes stated that he would find out what the station wanted and report back to the Council. e CITY OF CLERMONT - MINUTES REGULAR COUNCIL MEETING March 27, 1984 Page -2- LEAGUE OF CITIES DINNER It was reported that the League of Cities Dinner would be held in Leesburg on April 18th and all Council Members interested in attending the dinner meeting should contact Julie Brandt by April 11th. All Council Members present indicated that they and their spouses would attend. VACANT LOTS NEXT TO JENKINS AUDITORIUM City Manager Forbes reported that the vacant lots next to Jenkins Auditorium were for sale again, and asked Council permission to speak with the agent involved to negotiate a price for the property. It was understood that no formal offer would be binding without the express approval of the City Council. It was the consensus of the Council to have Mr. Forbes proceed with this matter, and bring the information before Council at a later date. PLANNING AND ZONING COMMISSION WORKSHOP It was reported that a Planning and Zoning Commission Workshop would be held on Friday, March 30th at 4:00 p.m. to discuss pending requests. Regular Workshops on the Comprehensive Plan will be held on the third Tuesday of each month from 4:00 to 6:00 p.m. FmHA FINAL INSPECTION OF THE SPRAYFIELD City Manager Forbes reported that officials from FmHA would be in Clermont tomorrow to conduct the final inspection for the City's sprayfield. Russell Daniel Irrigation, contractor for the project, has not yet signed Change Order #3 which was approved during the last Council Meeting. They do not want to pay for the extra engineering costs for inspections incurred with the time extensions. 84-033 Mr. Forbes then explained the operating procedures to be followed at the sprayfield site, and asked the Council's permission to pay for the extra soil tests which are needed to insure the sprayfield is operating properly. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY, AND UNANIMOUSLY CARRIED TO PAY THE AMERICAN TESTING LABORATORY FOR THE EXTRA SOIL TESTS AT THE SPRAYFIELD SI'TE FROM THE UTILITY CAPITAL IMPROVEMENT FUND. BUFFER ZONE GROVE AT THE SPRAYFIELD SITE City Manager Forbes explained that the December freeze had damaged the grove used as a buffer zone around the sprayfield site, and that he would like to obtain prices from a grove care service to spray herbicide, fertilize, disc, and prune the existing trees, and to replant those that were severely damaged. He stated that it was important to maintain the buffer zone, and that the City should take care of the grove in order to sell future fruit. After a brief discussion, it was the consensus of the Council to have Mr. Forbes to get prices for maintenance and replanting of the City's grove at the sprayfield site and report back to the Council. FLEA MARKET AT CLERVUE DRIVE IN THEATER City Manager Forbes reported that he had given permission to the owner of the Clervue Drive In Theater to conduct a flea market at the theater on a thirty day trial basis. He expressed his concerns for increased traffic and possible blowing litter at the site, but stated that at e ~ CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 27, 1984 Page -3- the end of the thirty days, as required under the City's outdoor sales ordinance, the owner would have to ask the Council for an extension. If there were complaints or other problems with this, the Council could choose not grant an extension. Mayor Beals asked if allowing the flea market would curtail the numerous garage sales which occur around town because the people holding these sales could sell their merchandise at one central location. City Manager Forbes stated that he believed that was the intention of the theater owner when he made the request. Mayor Beals then asked the Council to give consideration to changing the ordinance to limit the number of garage sales an individual is allowed to have per year. WATER TESTS It was reported that the City had passed its "Primary Drinking Water Regulations Analysis". Over 150 different analyses were performed, and no harmful amounts of any chemicals or containants were found in our water. CABLE TELEVISION It was reported that the City should receive a report from CTIC Associates regarding our Cable TV Franchise negotiations by this Friday. OUTSTANDING FLORIDA WATERS DESIGNATION City Manager Forbes reported that he would be meeting with Will Davis and DER officials regarding the possibility of obtaining the "Outstanding Florida Waters" designation for the Clermont chain of lakes. Mr. Forbes also stated that there would be a public hearing on this matter before any final decisions are made. WATER LINE EASEMENT It was reported that Mr. Don McCaffery had requested that the City abandon a water line easement which was granted to the City in October of 1980, and runs through his property to the old diesel repair building on the Highway 27 Service Road. This is the only building on Mr. McCaffery's property and it was serviced by a 2" line which has subsequently been replaced by a new 12" main, and 84-034 is no longer needed. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO HAVE CITY ATTORNEY BAIRD DRAW UP THE PAPERS NECESSARY TO VACATE THE EASEMENT ON THE McCAFFERY PROPERTY DATED OCTOBER 23, 1980 AS IT IS NO LONGER NEEDED. SEWER EASEMENT It was reported that the City no longer needed a sewer line easement on the E 10' of Lot 18, Block 122 of City Blocks. Initially the City intended to locate a sewer line there, but this was never done. Group W Cable TV, Florida Power, and United Telephone Company also have easements in the same area. After some discussion, it was the consensus of the Council to abandon this easement if the other companies mentioned also agree it should be vacated. FINANCE DIRECTOR'S REPORT INTERVENOR TASK FORCE Finance Director Saunders reported that the City of Clearwater wishes e e, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 27, 1984 Page -4- to intervene on behalf of the cities in Florida who belong to the task force against Florida Power's recent rate increase request. The company is asking the Public Service Commission for a $138,203,000 increase this year. Last year the task force, as a united group of cities, successfully blocked major rate increases and the deregulation of street lighting. In 1983 the City of Clermont paid $306 to the task force, and they are re- questing financial support again. Mr. Saunders asked the Council if they would be willing to support the group this year. After some discussion, 84-035 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO SUPPORT THE TASK FORCE IN 1984 SUBJECT TO A DEFINITE COST BEING ESTABLISHED WHICH IS NOT OUT OF LINE WITH LAST YEAR'S PAYMENT OF $306. MAYOR BEALS' REPORT HIGHLANDER BAND'S SUPERIOR RATING Mayor Beals reported that in recent District V competition the High- lander High School Concert Band had received a superior rating, and by virtue of this win, would be representing Clermont in State competition at Tallahassee. The band also would be participating in the Centennial Variety Show and Parade during spring vacation. He further stated that Ann Prevatt, President of the Clermont Highlander Band Boosters, had requested a donation to help pay for the trip to Tallahassee. After some discussion as to the propriety of making such a donation, 84-036 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REIMBURSE THE CLERMONT HIGH SCHOOL BAND BOOSTERS IN THE AMOUNT OF $200 FOR THE CENTENNIAL PER- FORMANCES. OLD BUSINESS LEASE OF CITY OWNED BUILDING AT 630 WEST DESOTO STREET. It was reported that the Community College and the YMCA a mutual agreement for use of the Old Library Building. mended that the City rebid the use of the building with mpnth minimum fee. had not reached It was recom- a $100 per 84-037 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO REBID THE USE OF THE CITY OWNED BUILDING AT 630 WEST DESOTO STREET WITH A MINIMUM BID OF $lOO PER MONTH. ENGINEERING AGREEMENT FOR ADDITION TO WASTE TREATMENT PLANT City Manager Forbes reported that there were two separate engineering contracts to be considered, one for design and the other for construc- tion. Mr. Forbes recommended tabling consideration of the agreement until he had a chance to meet with the City Engineer and City Attorney to discuss and have some questions about the agreement answered. Council Member Turville requested that the meeting be held on a Monday or Tuesday, if possible, so he could attend. 84-038 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO TABLE APPROVAL OF THE AGREEMENT UNTIL AFTER THE MEETING WITH THE CITY ENGINEER, CITY ATTORNEY, AND CITY MANAGER. FINAL READING OF ORDINANCE 240-C, ELECTIONS It was explained by Mayor Beals that Ordinance 240-C would establish procedures on elections for the City Council as required by recent e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 27, 1984 Page -5- City Charter Changes. A new time table is needed because the City election date has been changed to coincide with the national election held on the first Tuesday after the first Monday in November. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed ordinance. 84-039 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 240-C, ELECTIONS. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, COLE, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. APPOINTMENT TO THE CODE ENFORCEMENT BOARD Mayor Beals reported that a vacancy had occurred on the Code Enforcement Board with the resignation of Mr. Glenn Curtis. Mayor Beals then stated that he would like to nominate Mr. Joseph Wiebush to fill Mr. Curtis' unexpired term. He then asked for any other nominations for the position, and there were none. 84-040 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ACCEPT THE NOMINATION OF MR. JOSEPH WIEBUSH TO THE CODE ENFORCEMENT BOARD. HE WILL SERVE UNTIL JANUARY OF 1985. INTRODUCTION OF ORDINANCE 24l-C, FLOOD PREVENTION City Manager Forbes explained the differences between the City's existing Flood Prevention Ordinance, and the new ordinance, as required to meet new federal guidelines for the issuance of flood insurance. One of the major differences between the two ordinances is the substitution of the term Flood Insurance Rate Map (FIRM) for 84-041 Flood Hazard Boundary Map. A MOTION WAS MADE BY COUNCIL MEMBER COLE, AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE 24l-C FLOOD PREVENTION. THE ORDINANCE WAS INTRODUCED BY TITLE ONLY. INTRODUCTION OF ORDINANCE 242-C, ABANDONED PROPERTY City Attorney Baird explained that this Ordinance was necessary to allow the Police Department to dispose of abandoned or unclaimed 84-042 property. A MOTION WAS MADE BY COUNCIL MEMBER COLE, AND SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE 242-C, ABANDONED PROPERTY. THE ORDINANCE WASZ INTRODUCED BY TITLE ONLY. BID AWARD - SEWER RODDER It was explained that the City had received two bids for a sewer rodder. It was recommended that the City accept the low bid of $1,413.50 from Hughes Supply for a M-9l My-Tanik Sewer Rodder. After a brief discussion, 84-043 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TUR- VILLE, AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $1,413.50 FROM HUGHES SUPPLY FOR THE M-9l SEWER RODDER. BID AWARD - ICE MACHINE It was reported that the City had received numerous bids for an ice machine for the Utility Department. The low bidder did not meet the City's specifications, and it was recommended that the second lowest bid of $1,266.48 from Southern Refrigeration be accepted. Council Member Turville questioned if the lowest bidder did, in fact, not meet the required specifications. He also asked the City Attorney if it was okay to accept the second lowest bid. Mr. Baird stated e - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 27, 1984 Page -6- that this was proper, based upon the superior warranty of the Kold-Draft Machine offered by Southern Refrigeration. After a brief 84-044 discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE , SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF SOUTHERN REFRIGERATION IN THE AMOUNT OF $1,266.48 FOR THE KOLD-DRAFT ICE MACHINE, BASED UPON THE SUPERIOR WARRANTY OF THE MACHINE. There being no further business, the meeting adjourned at 8:25 p.m. ~13.13~ C ES B. BEALS, MAYOR ATTEST: