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12-10-1991 Regular Meeting® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1991 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, December 10, 1991, 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 Dupee, Council Member Cole and Council Member Norquist. Council Member Elect Ivey was also present. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker, and Deputy City Clerk Brandt. 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 November 26, 1991 Council Meeting were approved with the following correction by Mayor Pool: Page 4 of the minutes under the Polar-Bek and Baker request for a Conditional Use Permit be changed to include that the Planning and Zoning Commission approved the request. REPORTS CITY MANAGER SAUNDERS~ REPORT DEPARTMENT OF COMMUNITY AFFAIRS LAND DEVELOPMENT REGULATIONS GRANT CONTRACT DOCUMENT It was reported that the City had received a Grant from the Department of Community Affairs in the amount of $13,252, and it was requested that the Council approve the document and authorize the Mayor to sign the contract. 91-228 There being no discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL_MEMBER COLE AND UNANIMOUSLY CARRIED ACCEPTING THE GRANT IN THE AMOUNT OF $13,252 AND AUTHORIZING MAYOR POOL TO SIGN THE CONTRACT DOCUMENT. PALATLARAHA RECREATION AREA PICNIC PAVILION It was reported that during the November the base bid for the picnic pavilion Enterprises in the amount of $15,581. manufactured, scissor-truss roof system type siding ceiling on the pavilion. discussed that the base bid pavilion coul trim at a reasonable cost to make it 7 expensive alternate pavilion, and that 12, 1991 Council Meeting was accepted from Flynn This included a pre- with a plywood or T-111 At that time, it was ~ be dressed up with cedar ook as nice as the more a change order would be negotiated at the time the pavilion is ready for the cedar trim. Continuing, Mr. Saunders stated that the trim would cost $211 and the rough sawn cedar for the ceiling $343 for a total of $554 to dress up the pavilion. He then requested Council approval for the additional materials. • CITY OF CLERMONT MINiTTE~ REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -2- 91-229 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED HY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED APPROVING THE CHANGE ORDER IN THE AMOUNT OF $554 FOR THE WOOD TO DRESS IIP THE BASE HID PAVILION. At this time, City Manager Saunders stated that a budget amendment would be needed in the amount of $554 for the trim materials. 91-230 A MOTION WAS MADE BY COUNCIL MEMBER COLE, BECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED APPROVING A BUDGET AMENDMENT FOR CEDAR TRIM MATERIALS FROM GENERAL FUND RESERVES IN THE AMOUNT OF $554 TO THE PALATLARAHA RECREATION AREA FUND. CANCELLATION OF SECOND COUNCIL MEETING IN DECEMBER City Manager Saunders stated that traditionally the second Council Meeting in December had been cancelled due to the holidays. This year the meeting would fall on Christmas Eve, and he asked the Council if they wished to cancel the meeting. 91-231 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED HY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED TO CANCEL THE DECEMBER 24, 1991 COUNCIL MEETING. REPLACEMENT TABLES FOR JENRINS AUDITORIUM It was reported that the City had previously purchased three eight foot aluminum tables for use at Jenkins Auditorium to test how they would hold up. Mr. Saunders continued by stating that the tables had performed well and that there was money budgeted to purchase ten more tables. A brochure showing the type of table was passed around, and after a brief discussion, it was the consensus of Council to order the aluminum folding tables. COUNCIL WORKSHOP City Manager Saunders stated that he would like to hold a Council Workshop on Thursday, January 9, 1992. After a brief discussion, it was the consensus of Council to hold the Workshop on that date at 6:00 p.m. in the City Hall Conference Room. COUNCIL MEMBER NORQUIST'S REPORT RAILS TO TRAILS PROGRAM It was reported that a representative from the Department of Natural Resources would be in Lake County next Tuesday to talk to the Lake County Board of Commissioners about a possible acquisition agreement to purchase the abandoned railroad rights-of-way still available. Virginia Pooch, a reporter for the "South Lake Press" who attends the County Commission Meetings, stated that the Commissioners were trying to move the meeting to Thursday at 9:00 a.m. instead of Tuesday at 9:00 a.m. Council Member Norquist thanked her for the information, and told the Council that he would keep them apprised of the program's progress. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -3- COUNCIL MEMBER COLE'S REPORT LAKE COUNTY COMMUNITY ACTION AGENCY Council Member Cole, as the City's representative to the Lake County Community Action Agency, presented the City a plaque in appreciation for its support of the agency. MAYOR POOL'8 REPORT CHRI8TMA8 ACTIVITIES Mayor Pool thanked all of those who worked so diligently to make the tree planting ceremony, the Light Up Clermont program, the Christmas Parade and the Lighted Boat Parade great successes. The events took place on December 6 and 7, 1991. UNFINISHED BUSINESS RESOLUTION X744 - SOLID WASTE Mayor Pool explained that City of Clermont was paying a disproportionate share of the costs for solid waste disposal because the Lake County had not adopted mandatory garbage collection and that the City of Clermont wished to have countywide mandatory collection implemented to establish equity. Resolution #744 recognizes this situation. City Manager Saunders explained that a study completed by the League of Cities indicated that a 27$ overcharge or $8.50/ton exists because of the lack of countywide mandatory collection. This study was based on the most recent consultant's report authorized by Lake County and performed by PFM, Inc. However, it was pointed out that during last Tuesday's County Commission Meeting, Commissioner Swartz provided the Commission and Members of the League of Cities who were present, with a calculation that Lake County Staff Members had compiled indicating an overpayment of $2.26/ton. League Members were not provided a copy of his analysis prior to the meeting, and could not comment on the validity of the calculation. The cities of Leesburg and Eustis have adopted the Resolution effective January 1, 1992. At this point, due to the discrepancy between the overcharge figures, City Manager Saunders recommended that adoption of the Resolution be tabled until the first Council Meeting in January and during that time a meeting could be arranged with the County to discuss how they arrived at their figure of $2.26/ton. After a brief discussion, Council Member Turville commented that the City could adopt the Resolution with an effective date of February 1, 1992 and Council Member Dupee suggested that the Resolution be adopted now because the County was just dragging its feet with regard to setting a date for a meeting. After the comments, City Attorney Baird questioned the manner of payment of tipping fees set forth in the Resolution, and City Manager Saunders explained that with enactment of the Resolution, the City would take a credit for the overpayment that has been • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -4- charged to the City since March 1, 1991, the date the incinerator officially became operational, and withhold payments until we have recouped the overpayment and from that point on we would deduct 27~ ($8.50/ton) of the tipping fees charged to the City. At this point, City Attorney Baird advised the Council not to adopt the Resolution because if a lawsuit occurred, it would lock the City into what was stated in the Resolution. He further advised that it would be more appropriate to make a motion to withhold the $8.50/ton because there should be no admissions on the part of the City and the County does not need a reason why in writing (the Resolution). Mayor Pool then read the Resolution by title only and called for comments. There were none. 91-232 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO NOT ADOPT THE RESOLUTION, BUT TO WITHHOLD $8.50jTON IN TIPPING FEE PAYMENT EFFECTIVE JANUARY 1, 1992. As a final comment, City Manager Saunders stated that he believed the local newspapers had covered the tipping fee conflict quite well and at issue was not the cities vs. the County, but all who pay garbage collection fees paying too much. Council Member Dupee suggested that the City of Clermont make a call to the County to set up a meeting date for review and discussion of the calculations. RESOLUTION #745 - INTERLOCAL AGREEMENT WITH THE TOWN OF MONTVERDE City Manager Saunders stated that during the last City Council Meeting the City Council agreed to dispatch fire calls for the Town of Montverde. The Interlocal Agreement with Montverde has been written, however, City Attorney Baird has not had the opportunity to review the document. City Manager Saunders then asked the Council to table consideration of the agreement until the first Council Meeting in January. 91-233 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE CONSIDERATION OF RESOLUTION #745 IINTIL THE JANUARY 14, 1992 COUNCIL MEETING. NAMING OF RECREATIONAL FACILITIES Council Member Dupee stated that she believed that special people come along who should be honored and that she wanted to name one of the ball fields at the Palatlakaha Recreation Area after Adolphus Church. Under discussion of the request, Mayor Pool stated that he believed a Workshop should be held to discuss this request because he felt there were others in the City who may be deserving of the same honor. Council Member Norquist expressed his concern that if you named the • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -5- various field after individuals and ran out of parks and fields, how would the others be honored. He also expressed concern for the criteria for the selection process and how it would be handled. As a citizen growing up in Clermont, City Attorney Baird expressed his feelings for Mr. Church and the positive effect he had on so many young people's lives, his own and his son's included. He further stated that he believed Mr. Church was very deserving of the honor. 91-234 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO NAME ONE OF THE LITTLE LEAGUE FIELDS AFTER MR. ADOLPHUS CHURCH. CITY MANAGER SAUNDEAB WAS DIRECTED TO CHOOSE THE FIELD AND MARE ARRANGEMENTS FOR THE APPROPRIATE SIGN TO BE PLACED HONORING MR. CHURCH. OATH OF OFFICE ADMINISTERED After completion of the Unfinished Business, City Clerk Van Zile administered the Oath of Office to Council Member Turville for Seat II and to Ed Ivey for Seat IV. After the oath was administered, Mayor Pool thanked outgoing Council Member Dupee for her seven years of tireless work for the City as representative to the East Central Florida Regional Planning Council and the League of Cities. Council Member Dupee then summarized the achievements of the City during her many years in office and thanked the Staff for all they had done. New Council Member Ivey expressed his appreciation to Mrs. Dupee for all she had done for the City and thanked the voters who put him in office and stated that he was looking forward to being a part of the Council. He also thanked his Campaign Treasurer, Sam Smith, who was present in the audience. NEW BUSINESS EMERGENCY ORDINANCE 239-M City Manager Saunders explained that a similar Ordinance was adopted sixty days ago to delay the increase that had been adopted for our sanitation rates and that the ordinance would expire in the near future since an emergency ordinance is effective for only sixty days. Mr. Saunders then asked the Council to adopt the ordinance again to continue delaying the rate increase until such time as the County decides what tipping fee it will charge. Mayor Pool read the ordinance by title only and called for comments from those present. There were no comments. 91-235 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER IVEY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT EMERGENCY ORDINANCE 239-M. THE ORDINANCE WAS READ BY TITLE ONLY BY CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -6- MAYOR POOL. • INTRODUCTION OF ORDINANCE 273-C - CREATING A CITY OF CLERMONT IITILITY SERVICE DISTRICT City Manager Saunders explained that this Ordinance will create a City of Clermont Utility Service District up to five miles outside of the existing city limits. Setting up the district will prevent private companies from competing with the City for the same services. It was further explained that the ordinance was placed on the agenda in anticipation of having it ready for the meeting. However, it has proven to be a very lengthy ordinance, which requires a detailed legal description, as well as mapping of the service area and all of the work has not been completed. Mr. Saunders then recommend that Ordinance 273-C be tabled until the January Meeting. The Ordinance will be discussed at the January 9, 1992 Workshop Meeting in order to finalize the service area and to be sure that the document is drafted in accordance with the direction of Council. 91-236 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER IVEY AND UNANIMOUSLY CARRIED TO TABLE THE INTRODUCTION OF ORDINANCE 273-C. EMERGENCY ORDINANCE 240-M - PROTECTION OF TREES ON PUBLIC PROPERTY City Manager Saunders explained that the City needed to apply for its Tree City USA designation by the end December and part of the requirements for the designation was to have a tree ordinance with a Tree Board and their duties adopted by the City. Council Member Ivey questioned the adoption of an Emergency Ordinance at this time and Mr. Saunders continued by explaining that Emergency Ordinance 240-M would be incorporated into the present Tree Ordinance and the new Ordinance would be presented to Council prior to expiration of the Emergency Ordinance. Mayor Pool read the Ordinance and called for comments from those present. There were no comments. 91-237 A MOTION WA6 MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER IVEY AND IINANIMOOSLY CARRIED BY ROLL CALL VOTE TO ADOPT EMERGENCY ORDINANCE 240-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. In conjunction with the passage of Emergency Ordinance 240-M, City Manager Saunders asked that the Mayor reappoint the Clermont Beautification Committee as the City's Tree Board. Mayor Pool, who makes the appointments, then reappointed the members of the Beautification Committee as the Tree Board. vlsloN CARE City Manager Saunders explained that the City has been notified by Vision Service Plan that a rate increase is needed effective January 1, 1992, for our Vision Care coverage. This is an optional coverage for our employees and is paid entirely by the employee if • CITY OF CLERMONT MIIVUTE~ REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -7- they elect to have the coverage for themselves or their dependents. Finance Director Van Zile explained that the current employee coverage is $5.20/month, and the proposed rate is $6.50/month and that the current family coverage is $14.90/month with a proposed new rate of $17.03/month. He continued by stating that this was the first rate adjustment in two years for the vision coverage and was based on utilization of the plan. Several comments were made that this was a very good plan and that the employees who participated were very satisfied with the coverage. ' 91-238 After a brief discussion of the coverage offered, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED APPROVING THE RATE INCREASES EFFECTIVE JANUARY 1, 1992. HID AWARDS STORAGE BUILDING It was reported that three bids had been received for the equipment storage building as approved under our budget this year for the Palatlakaha Recreation Area had been received as follows: First Renovators, $21,880; Matthews Property and Construction, $26,791 and Flynn Enterprises, $19,122. It was recommended that the low bid in the amount of $19,122 be accepted. $17,000 was budgeted for the project and a budget amendment from the General Fund would be needed in the amount of $2,122. 91-239 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF FLYNN ENTERPRISES IN THE AMOUNT OF $19,122 WITH A BIIDGET AMENDMENT IN THE AMOUNT OF $2,122 FROM GENERAL FUND RESERVES TO MARE UP THE DIFFERENCE IN THE BUDGET AMOUNT. PUBLIC WORKS EQIIIPMENT It was reported by City Manager Saunders that various pieces of equipment were authorized in this year's budget, and bids had been received on an air compressor and a piercing tool mole) used for boring pipe underneath streets. Five bids were received for the trailer mounted air compressor with the low bid being from Air Center of Florida, Inc. in the amount of $9,248. Five bids were also received for the mole, with the low bid being $4,202 from Vermeer Southeast Sales. Mr. Saunders continued by stating that the total budgeted amounts for the two pieces of equipment was $15, 247 and the total for the low bids was $13, 450.18. He then recommended awarding of the bids to the low bidder in each category. Council Member Ivey questioned if the bids were made as specified and City Manager Saunders stated that they were. 91-240 After a brief discussion of the equipment, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED HY COUNCIL MEMBER TURVILLE AND CITYOF CLERMONT MINZTTES REGULAR COUNCIL MEETING DECEMBER 10, 1991 PAGE -8- UNANIMOIISLY CARRIED TO AWARD THE BID FOR THE AIR COMPRESSOR TO AIR CENTER OF FLORIDA IN THE AMOUNT OF $9,248 AND TO AWARD THE HID FOR THE MOLE TO VERMEER SOUTHEAST SALES IN THE AMOUNT OF S4,202. PIIBLIC COMMENTS Mayor Pearce of Montverde, who was present in the audience, complimented the Council on a well-run meeting. There being no further business or discussion, the meeting adjourned at 8:40 p.m. Robert A. Pool, Mayor Attest: n E. an "' e, City Clerk