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05-24-1988 Regular Meeting e' e CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING May 24, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 24, 1988 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: Mayor Pro Tem Turville, Council Member Huff, and Council Member Cole. Council Member Dupee was in Hartford, Connecticut, representing the East Central Florida Regional Planning Council at a national conference. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, City Planner McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Special Meeting held May 2, 1988 and the Regular Meeting held May 10, 1988 were approved as presented. REPORTS CITY MANAGER'S REPORT YMCA WORKSHOP City Manager Saunders stated that the YMCA wished to hold a Workshop with the Council and asked if Wednesday, June 8, 1988 would be con- venient. No decision could be reached as to a mutually agreeable date in June to hold the Workshop. It was the consensus of Council to decide on this matter at a later date. BOARDWALK AND BASEBALL City Manager Saunders reminded those in attendance that Monday, June 13, 1988 was "Clermont Day" at Boardwalk and Baseball and that free tickets to attend the game were availabe from the mornin~ Kiwanis Club, the South Lake Press and at City Hall. CLERMONT HIGH SCHOOL GRADUATION CEREMONY It was reported that graduation would be held on Friday, May 27, 1988, and that a group of parents were sponsoring a fireworks display put on by Vic Vickers and would like permission to shoot them off at the north end of the football field, toward the vacant Langley property. After a brief discussion, it was the consensus of Council to allow this request. In the past the City has hired Mr. Vickers for the Labor Day fireworks display and there have been no problems. LAKE WINONA BRIDGE It was reported that the DeWitt Excavating, the company building the Lake Winona Bridge, would try to open the canal to boat traffic for the Memorial Day weekend. LAKE COUNTY WATER AUTHORITY It was reported that the next meeting of the Lake County Water Authority would be held on Wednesday, May 25, 1988, at 5:30 p.m. in the Water Authority Building in Tavares. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 24, 1988 Page -2- GRANT FOR THE TWELFTH STREET PARK It was reported that the City of Clermont grant request for the Twelfth Street Park was ranked number one in the State by the Department of Natural Resources and that the City will receive the full amount of $150,000 as was requested. City Attorney Baird and Council Member Huff commended the City Staff for the excellent work done in obtaining the grant. COUNCIL MEMBER TURVILLE'S REPORT Council Member Turville reported that he had been made aware of a recent spill that effected approximately twelve acres of wetlands at the Clermont Sand Mine on County Road 474 operated by Florida Rock Industries. This spill occurred at the headwaters of the Clermont chain-of-lakes, which has been designated by the State of Florida as "Outstanding Florida Waters". Mr. Turville continued by stating that he would like the Council to go on record stating that if this company has violated its Conditional Use Permit by causing this spill, then it should be responsible for direct reclamation of the site or reclamation through mitigation, and that the Council will take whatever steps necessary to protect the integrity of our chain-of-lakes. 88-015 After some discussion of the situation, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO TAKE THE POSITION THAT THE COUNCIL WILL SUPPORT WHATEVER IS NECESSARY TO PROTECT THE INTEGRITY OF THE CLERMONT CHAIN-OF-LAKES, AND THAT THE ONLY ACCEPTABLE SOLUTIONS TO THE PROBLEM AS IT NOW EXISTS WOULD BE EITHER DIRECT RECLAMATION OF THE SITE OR RECLAMATION THROUGH MITIGATION. City Staff was directed by Council to send letters stating this position to the appropriate State and Local regulatory agencies, including the Department of Environmental Regulation, the St. Johns River Water Manage- ment District, Lake County Pollution Control, and the Lake County Water Authority. COUNCIL MEMBER COLE'S REPORT PITT STREET Council Member Cole asked of the status of the repairs to the part of Pitt Street which is sinking. City Manager Saunders stated that he had no definite answer at this time because Public Works Director Smythe was trying to find a contractor to do the job on a time and materials basis. NRG RECOVERY PLANT FOR LAKE COUNTY City Manager Saunders commented that the cities had not been privy to the documents concerning the plant prior to the Commission meeting, and that the cities had taken a united position requiring several changes to the contracts before they would be acceptable. It will cost 50 million dollars to build the plant and every city must commit all of their solid wastes for operation of the plant to be feasible. e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 24, 1988 Page -3- Council Member Huff stated that he believed that the cities of Lake County should be looking at some type of recycling program instead of investing in such a costly plant. Mayor Pool stated that he would like to see, for an example, six counties or some combination of counties get together and build a regional facility which would be more cost effective. In the discussion, it was pointed out that it woud require 163,000 tons of garbage to operate the facility, and it was not known how much garbage there was in Lake County. City Manager Saunders stated that he would be attending future meetings concerning this matter and would keep the Council apprised of the situation. PARKS AND RECREATION COMMISSION Nilsa Whitehead, Chairperson of the Parks and Recreation Commission, stated that the Commission would like to purchase a portable public address system and a merry-go-round for the Chestnut Street Park. City Manager Saunders stated that $2,000 was in the budget for playground equipment and the merry-go-round could be purchased for $1,000. 88-0f6' A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED AUTHORIZING THE PURCHASE OF A MERRY-GO-ROUND FOR THE CHESTNUT STREET PARK AT A COST NOT TO EXCEED THE $2,000 BUDGETED. The City Manager was asked to check into the purchase price of a portable public address system. Mrs. Whitehead also asked for a financial report of the Parks and Recreation Commission. Mrs. Whitehead also asked for volunteers to help plant 100 azaleas at Azalea Park on Wednesday, June 1, 1988 at 6:30 p.m. RESOLUTION #583 REVOCATION OF CONDITIONAL USE PERMIT FOR ICO, INC., HILLSIDE VILLAS PROJECT LOCATED ON GRAND HIGHWAY, SOUTH OF PITT STREET City Manager Saunders reported that this matter had been tabled during the previous Council Meeting and Dr. Fraser was directed to produce copies of all contracts for completion of the infrastructure, including the water system, and proof of funds in the escrow account to pay Superior Asphalt for the work they are presently engaged in on the infrastructure. Mr. Saunders stated that as of this date, he had received copies of the amended contracts for completion of the infrastructure, but had received no proof of monies being placed in an escrow account. Dr. Fraser, Bill Wegner of Superior Asphalt and Fred Plummer who is in charge of the project, were present in the audience. Dr. Fraser stated that in the past he had numerous problems with various contractors doing the site work and installing the water and sewer lines. Dr. Fraser then named each contractor and the problems they had caused. As an example, he stated that one contractor had installed a water line under a retention pond, and the site plan had to be redrawn by an engineer. Also, when the water system was initially tested, numerous leaks were found and all of these had to be repaired, which was time consuming and costly. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 24, 1988 Page -4- Dr. Fraser stated that he was very pleased with the work of Mr. Plummer and Superior Asphalt, and that he believed that construction of the infrastructure would be substantially complete within 30 to 45 days. Bill Wegner concurred with the doctor, and in conclusion Dr. Fraser stated that he had spent a great deal of time and money on the project and had numerous problems, but that he wanted to be able to complete it. As far as the escrow account, Dr. Fraser stated that he did have money to complete the project in stocks and bonds. He stated that he had other money invested in time certificates which he did not wat to cash to place in escrow or he would lose the interest earnings. After some further discussion, City Manager Saunders asked the Council what they wanted as an end result. Mayor Pool then explained that the Council had requested that the money be placed in an escrow account to ensure that the contractor would be paid. In the past, part of the problem had been that the contractors had not been paid and walked off the job. Dr. Fraser stated that as of this date, all of the contractors, even those who did inferior work, had been paid, and that he had sued one contractor to get his money back due to an overpayment. Council Member Huff stated that he believed the entire problem has been that the project has not been completed in a timely manner. City Attorney Baird stated that for the first time, the City has a reputable contractor who they know working on the project, and the City should allow Dr. Fraser to complete the work. When questioned, Bill Wegner stated that the roads should be completed within thirty days. 88-077 After some further discussion of the project, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO GIVE ICO, INC. SIXTY DAYS TO COMPLETE ALL OF THE INFRASTRUCTURE, AND IF WORK ON THE PROJECT CEASES, ICO, INC. WILL BE PLACED BACK ON THE AGENDA FOR REVOCATION OF THE CONDITIONAL USE PERMIT. 911 CITY/COUNTY INTERLOCAL AGREEMENT It was explained that the options for this agreement were to be a Primary Service Answering Point (PSAP) or not to be a PSAP. As was discussed previously, if the City chooses to become a PSAP, it will cost the City $50,000. City Manager Saunders also stated that at this time, if the City decides not to be a PSAP, but in one year decides to become one, the cost will remain the same. 88-078 After a brief discussion of the system, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE NON PSAP AGREEMENT WITH LAKE COUNTY. AUDIT AGREEMENT FOR FISCAL YEAR 1988 Finance Director Van Zile asked that the signing of the Audit Agreement with Greenlee, Kurras, Rice and Brown be tabled in order for the auditor's to have time to rewrite the letter to include additional work which will be required in order for the City of Clermont to participate in the Governmental Finance Officers Association Certificate of Excellence in Financial Reporting Program. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 24, 1988 Page -5- 88-079A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO TABLE THE AUDIT AGREEMENT. LITTLE LEAGUE REQUEST FOR WAIVER OF FEES FOR 1988 SEASON City Manager Saunders explained that the Clermont Little League was requesting a waiver of the established fees for the 1988 season in return for the $4,000+ worth of improvements which they made to Bishop Field. 88-0&0 After a very brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO WAIVE THE 1988 FEES. There being no further business or discussion, the meeting adjourned at 9:00 p.m. ~~~~ Ro ert A. Poo , Mayor Attest: ile, City Clerk