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07-25-1989 Regular Meeting 'e e. ' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 25, 1989 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, JUly 25, 1989 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tern Turville, Council Member Cole, Council Member Dupee and Council Member Norquist. Other City Officials present were City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. Excused absence: City Manager Saunders. 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 Regular Council Meeting held July 11, 1989 were approved as presented. REPORTS WORKSHOP Acting on behalf of City Manager Saunders, Finance Director Van Zile reminded Council of the Workshop scheduled for Thursday, July 27, 1989, at 5:30 p.m. in the City Hall Conference Roam. COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee reported that in the Comprehensive Plan process involving all governmental entities within the State of Florida, Brevard County's Comprehensive plan, as recently submitted to the Department of Community Affairs (DCA), had not been approved. In turn, Brevard County is now suing the State of Florida and the ECFRPC. Mrs. Dupee continued that this was a disturbing situation because during the process of formulating its Comprehensive Plan, not once did the Brevard County ask for guidance from the DCA. It was pointed out that legal fees for defense of this suit, if carried out by the County, will have to be paid by the ECFRPC. Mrs. Dupee further stated that other counties who have sought assistance from the DCA prior to finalizing their Comprehensive Plan have had no problems receiving approval from the DCA. Mrs. Dupee also presented a brief overview of the recent meeting held in Tampa of the State's various planning agencies. This meeting marked the first time representatives from the local agencies and the State sat down in an open forum type meeting and held meaningful diaglogue concerning the problems facing the State. --- e 'e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 25, 1989 Page -2- COUNCIL MEMBER NORQUIST'S REPORT MUSCOVY DUCK UPDATE Mr. Norquist stated that a group of local citizens wished to begin and manage a program to place non-agressive swans in Center,Lake. Mr. Norquist stated that he had been collecting information concerning the project and would like discussion of this project placed on the agenda of the next Council Meeting. It was the consensus of Council to do so. NILSA WHITEHEAD'S REPORT Mrs. Whitehead, Chairperson of the Parks and Recreation Board, reminded those present of the pine tree dig scheduled for Saturday, July 29, 1989, at the Twelfth Street Park site. This is the last chance to receive free trees before excavation of the site begins. MAYORAL PROCLAMATION NATIONAL ASSOCIATION REDEDICATION CEREMONY OF COMMUNITY ACTION AGENCIES' Mayor Pool read in its entirety a Proclamation written in observance of the twenty-fifth anniversary of the Economic Opportunity Act, supporting the rededication and work of the Lake County Communi ty Action Agency, and the national rededication ceremony to be held in Washington, D.C. on September 8, 1989. A copy of the proclamation will be forwarded to the Lake County Community Action Agency. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 261-C, CITY OF CLERMONT TREE ORDINANCE Mayor Pool explained that this ordinance relates to the protection and removal of trees within the city limits and would take effect immediately. Mayor Pool then asked for comments and Finance Director Van Zile deferred explanation of the ordinance to Planning Director McAllister. . Planning Director McAllister stated that the City's ordinance was a long time in coming and was compatible with the County's tree ordinance, and he would be happy to asnwer any questions. Mayor Pool called for comments from those present and no one spoke against the proposed ordinance. Nilsa Whitehead stated that she favored the ordinance. I!I!I! - ..-. e 'e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 25, 1989 Page -3- 89-l05After a brief discussion of the benefits of the ordinance, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 261-C. THE ORDINANCE WAS READ BY MAYOR POOL BY TITLE ONLY. upon adoption of the ordinance, planning Director McAllister stated that the City will be applying for the "Tree City USA" designation in the near future because passing the tree ordinance completes the requirements to qualify .for the designation. NEW BUSINESS INTERLOCAL AGREEMENT WITH LAKE COUNTY FOR RECEIPT OF RECREATION FUNDING FROM THE COUNTY It was reported that the Lake County Commission had voted to disburse half of the recreation funds in this year's county budget to the cities within Lake County to help with their programs due to the large number of non-city residents using the city supported facilities. Clermont's share amounts to $10,248.25, and the County is requesting that we use the funds for the Twelfth Street Park and sign an interlocal agreement with the conditions as listed. Mr. Van Zile further stated that it had been recommended that Condition #8 be deleted from the agreement, which states that in the event there is a user fee for the specific program receiving the county funds, the City agrees to charge the same fee to all county residents irregardless of where they reside in the County. Council Member Dupee first questioned Condition #7 and the liability burden it might place on the City. City Attorney Baird advised that this is a standard part of an agreement and that the City's agreements contain the same verbage. with regard to Condition #8, City Attorney Baird advised that it could be deleted because there is law covering the charging of different fees to residents and non-residents and therefore, it does not have to be in the agreement. Finance Director Van Zile stated that he was aware of one interlocal agreement signed by the County which did not contain Condi tion #8. City Attorney Baird again stated that it could be deleted and if it was, the County would need to convince the City that it is a valid condition which needed to be part of the interlocal agreemen t . .- . - - e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUly 25, 1989 Page -4- 89-106 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ENTER INTO THE INTERLOCAL AGREEMENT WITH THE COUNTY, AS AMENDED BY DELETING CONDITION #8, FOR RECREATION FUNDING FROM THE COUNTY IN THE AMOUNT OF $10,248.25 TO BE USED FOR THE TWELFTH STREET PARK. AUDIT AGREEMENT Finance Director Van Zile explained that this was the audit agreement with the accounting firm of Greenlee, Kurras, Rice and Brown, CPA's, for the annual audit of all city funds for fiscal year 1989. Mr. Van Zile continued by stating that the audit fee for this year would be $20,000, which was in line for the fees charged to similar sized cities. The fee has increased $2,000 over last year's fee due to the increased accounting requirements imposed by State and Federal regulations. It was pointed out that the accounting firm has been the City's ,auditors for a number of years and has always been most cooperative and helpful to the City. 89-107 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ENTER INTO THE AUDIT AGREEMENT FOR FISCAL YEAR 1989 WITH THE ACCOUNTING FIRM OF GREENLEE, KURRAS, RICE AND BROWN, CPA'S IN THE AMOUNT OF $20,000. BID AWARDS SIDEWALK CONSTRUCTION ON PITT STREET Finance Director Van Zile stated that it had been recommended that the three bids received for sidewalk construction on Pitt Street be rejected and the project r~bid due to the change of scope of the proj ect. The Osceola Street section of the sidewalk will be eliminated from the project and the construction of sidewalk along Bloxam Avenue and DeSoto Street will be included as an alternate bid. 89-108 A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REJECT THE BIDS RECEIVED AND REBID THE PROJECT. EXCAVATION OF THE''1WELFTH STREET PARK It was explained that this was the second bid for the project, and three bids had been received for the excava tion work at the Twel fth Street Park site ranging from the low bid of $137,450 to a high bid of $268,775. Mr. Van zile then stated that City Engineer Springstead had recommended tabling awarding of the bid until such time as he was able to discuss the bids with City Manager Saunders. ....._1 .. ,l .. 'e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 25, 1989 Page -5- 8 9-1 0 9 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE AWARDING THE BID FOR THE EXCAVATION OF THE TWELFTH STREET PARK SITE. EXCAVATION OF THE PUBLIC WORKS SITE It was reported that two bids had been received for excavation of the proposed Public Works Department site as follows: Gator Services in the amount of $20,800 and Superior Asphalt in the amount of $22,475. City Engineer Springstead has recommended accepting the low bid of Gator Services. 89 -II 0 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AWARD THE BID FOR EXCAVATION WORK AT THE PROPOSED PUBLIC WORKS DEPARTMENT SITE TO GATOR SERVICES IN THE AMOUNT OF $20,800. PUBLIC COMMENTS Mark Edwards, who was present in the audience, asked that the Council go on record tonight as opposing the locating of a Federal Prison in Lake County. Mayor Pool explained that the Council had a policy that it would not act on any matter without it being an agenda item, and that this would be made an agenda item for the next Council Meeting. City Attorney Baird advised Mr. Edwards to write the Resolution he wanted adopted by Council in opposition to the prison and told him to stop by City Hall and see Julie Brandt for the correct format. There being no further adjourned at 8:10 p.m. business or discussion, the meeting ~ Robert A. ool, Mayor ----- Attest: ~&~ o h E. Van i e, City Clerk .