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01-25-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR MEETING January 25, 1983 A Regular Meeting of the City Council of the City of Clermont was held January 25, 1983 in the City Council Chambers. The Meeting was called to order by Mayor Beals at 7:30 p.m. with the following Council Members present: Bob Pool, Ann Dupee, Lester Cole, and Hal Turville. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Di- rector Saunders, and Deputy City Clerk Brandt. The Invocation was offered by Mayor Pro Tern Pool, followed by the repeating of the Pledge of Allegiance by all present. MINUTES The Minutes of the Regular Meeting held January 11, 1983 were approved as presented. CITY MANAGER'S REPORT ORANGE BLOSSOM BREAKFAST City Manager Forbes reminded the Council that the Orange Blossom Breakfast sponsored by the Chamber of Commerce was tomorrow morn- ing in Jenkins Auditorium at 7:30 a.m. Featured speakers would be the City's Senior Citizens Committee, and Mr. Jerry McDowell, Executive Director of Lake County Senior Services. All Council Members were urged to attend. WASTEWATER MANAGEMENT SEMINAR City Manager Forbes reported that if there were no Council objec- tions, he would be attending a seminar and meeting in Tallahassee on February 2 & 3, 1983. The program would cover EPA 208 Program changes, new regulations, financing for wastewater treatment plants, and construction grants.' ORDINANCE ADOPTION POLICY In answer to Mayor Beals question of policy for ordinance adoption, it was reported that the Council could require ordinances to be introduced by a formal motion requiring a majority vote for pass- age. Failure of a motion to introduce an ordinance for first read- ing would eliminate further consideration of the ordinance. The City Charter only required that an advertisement appear fourteen days prior to the second reading of the ordinance. City Attorney Baird stated that the Council Policy on this matter, since he was appointed City Attorney, had been that anyone could introduce an ordinance without a motion. This allowed all matters, even those which might be termed contraversial, a chan<.::e to be heard at a public hearing. Council Member Turville stated that the present way of introducing an ordinance may, at times, intimidate the Council becauseit~tends to imply that you favor what you are intro- ducing. Council Member Pool stated that just because you introduce an ordinance does not mean you are going to pass it on the second reading. After much discussion, it was the consensus of the Coun- cil to keep the present policy, allowing any Council Member to intro- duce an ordinance. without a motion. KIWANIS LANDSCAPING PROJECT FOR THE FOURTH STREET WELL In response to Council Member Turville's request; it was reported that the Clermont Kiwanis Club, as one of their community projects will assist with landscaping"at the Fourth Street Well. TWO CREMORIAL RE~ffiINS PLACED IN ONE CEMETERY SPACE City Manager Forbes reported that he had received a request to allow the cremorial remains of two people to be interred in one cemetery space. He stated that considering the circumstances, he felt that this would be permissiple, if there were no Council objections. e CITY OF CLERMONT e MINUTES REGULAR MEETING January 25, 1983 After some discussion, it was the consens.us of the Council to allow this type of interment. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY As liaison to the Cooper Memorial Library, Council Member Dupee gave a brief report on the funding received by the Library as a Member of the County wide Library System. She also stated that the Library is writing a five year improvement plan. STATE GASOLINE TAX - EVERETT KELLY Mrs. Dupee asked the Council if they wished to take formal action on the proposed State Gasoline Tax as discussed in a letter from Senator Everett Kelly. After some discussion, it was the consen- sus of the Council to take no formal action at this time. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee also stated that she would be attending her first ECFRPC Meeting this week as Clermont's representative. She also reported on future topics of discussion and meetings involving the ECFRPC. MAYOR'S REPORT Mayor Beals reported that he had attended the Upper Palatlakaha Comprehensive Water Study Group Meeting that morning and that the final report would be presented in the near future. OLD BUSINESS STATUS REPORT ON THE.CLERMONT HOTEL 83-023 City Manager Forbes stated tha4 as directed during the previous Council Meeting, he had retained the law firm of McLin, Burnsed and Marable to represent the City in the matter of the Clermont Hotel. In their opinion, the City can pursue condemnation pro- ceedings under a special provision in 'Chapter 11 of the United States Bankruptcy Code which allows governments to pursue actions to protect the health, safety and welfare of their citizens; and is detailed in their letter to the City dated January 19, 1983. Mr. Forbes asked the Council if they wished to proceed in this matter, and stated that he felt that ultimately the final deci- sion would be mag.e ::by the.Judge of. the Circuit Court.. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED FOR THE CITY TO RETAIN THE LAW.,FIRM OF MCLIN, BURNSED AND MARABLE AND CONTINUE WITH CONDEMNATION PROCEEDINGS AGAINST MR. NICK BUTTITTA AND THE CLERMONT HOTEL BASED UPON THE LAW FIRM'S RECOMMENDATIONS. COUNCIL MEMBER POOL ABSTAINED FROM VOTING DUE ~O A CONFLICT OF INTEREST. NEW BUSINESS JAYCEE BEACH BUILDING 83,...024 Mayor Beals reported that since Mr. Garvin no longer operates a restaurant at the Jaycee Beach Building, a decision on the manner in which the building will be used must be reached. Three major options for the City were discussed: (1) Keep the building closed and hire a part-time employee to clean the restroom between Me*orial and Labor Days, (2) Request proposals for a year round restaurant operation, or (3) Request proposals for a concession stand to oper- ate from Memorial Day to Labor Day. It was decided that previous year round restaurant operations had not been successful, and A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL ME~ER COLE AND UNANIMOUSLY CARRIED FOR THE CITY TO OBTAIN PROPOSALS FOR e CITY OF CLERMONT e MINUTES REGULAR MEETING January 25, 1983 After some discussion, it was the consensus of the Council to allow this type of interment. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY As liaison to the Cooper Memorial Library, Council Member Dupee gave a brief report on the funding received by the Library as a Member of the County wide Library System. She also stated that the Library is writing a five year improvement plan. STATE GASOLINE TAX - EVERETT KELLY Mrs. Dupee asked the Council if they wished to take formal action on the proposed State Gasoline Tax as discussed in a letter from Senator Everett Kelly. After some discussion, it was the consen- sus of the Council to take no formal action at this time. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee also stated that she would be attending her first ECFRPC Meeting this week as Clermont's representative. She also reported on future topics of discussion and meetings involving the ECFRPC. MAYOR'S REPORT Mayor Beals reported that he had attended the Upper palatlakaha Comprehensive Water Study Group Meeting that morning and that the final report would be presented in the near future. OLD BUSINESS STATUS REPORT ON THE CLERMONT HOTEL 83-023 City Manager Forbes stated tha4 as directed during the previous Council Meeting, he had retained the law firm of McLin, Burnsed and Marable to represent the City in the matter of the Clermont Hotel. In their opinion, the City can pursue condemnation pro- ceedings under a special provision in Chapter 11 of the United States Bankruptcy Code which allows governments to pursue actions to protect the health, safety and welfare of their citizens; and is detailed in their letter to the City dated January 19, 1983. Mr. Forbes asked the Council if they wished to proceed in this matter, and stated that he felt that ultimately the final deci- sion would be mag.e '.by the Judge of. the Circuit Court. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED FOR THE CITY TO RETAIN THE LAW. FIRM OF MCLIN, BURNSED AND MARABLE AND CONTINUE WITH CONDEMNATION PROCEEDINGS AGAINST MR. NICK BUTTITTA AND THE CLERMONT HOTEL BASED UPON THE LAW FIRM'S RECOMMENDATIONS. COUNCIL MEMBER POOL ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST. NEW BUSINESS JAYCEE BEACH BUILDING 83-024 Mayor Beals reported that since Mr. Garvin no longer operates a restaurant at the Jaycee Beach Building, a decision on the manner in which the building will be used must be reached. Three major options for the City were discussed: (1) Keep the building closed and hire a part-time employee to clean the restroom between Memorial and Labor Days, (2) Request proposals for a year round restaurant operation, or (3) Request proposals for a concession stand to oper- ate from Memorial Day to Labor Day. It was decided that previous year round restaurant operations had not been successful, and ~ MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED FOR THE CITY TO OBTAIN PROPOSALS FOR e CITY OF CLERMONT e MINUTES REGULAR MEETING January 25, 1983 A CONCESSION STAND OPERATION FROM MEMORIAL DAY TO LABOR DAY. AMENDMENT TO CONDITIONAL USE PERMIT - 501 ALMOND STREET It was reported that the City had received a letter from Mr. Tom Dougherty regarding Condition Number Five of the Conditional Use Permit on his property at 501 Almond Street. Condition Number Five states that the property may be used only as an attorney's office. No other business operation can be conducted from the building, and that the CUP is not transferable to any other business use, person, or corporation. Mr. Dougherty stated that Senator Richard Langley would be using the building for his leg- islative office. The Council must now decide if this use is within the intent of the CUP or modify Condition Number Five to allow uses other than an attorney's office. After some discussion, it was the consensus of the Council to have Condition Number Five rewritten stating, "The property may be used only as an office. No other uses (i.e. retail sales) are allowed. This permit shall auto- matically expire on January 25, 1984 unless renewed by the applicant. This Conditional Use Permit is not transferable to any other use, person, or corporation. The City Council may terminate this permit before the expiration date if any of the conditions are violated, and may refuse to renew the permit if this use proves to be a detri- ment to adjoining residential property", and formally passed as a new resolution at the February 8, 1983 Council Meeting. BID AWARD - STREET PAVING 83-025 It was reported that Adams Construction Company was the low bidder for our street overlay program at $29.85 per ton for asphaltic con- crete. Mayor Beals explained that their per ton cost was below the City's estimate, and will allow us to overlay the alternate street (Minnehaha from Bowman to US 27) and the City Hall parking lot. The streets will be paved according to the City Manager's Memo dated December 22, 1982, and the City will pay for tons of asphaltic concrete actually used. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF ADAMS CONSTRUC- TION COMPANY FOR ASPHALTIC CONCRETE AT $29.85 PER TON. THE BID- DING WAS AS FOLLOWS: Adams Construction Company Macasphalt, Inc. Carroll Contracting Asphalt Pavers Basic Asphalt Leecon, Inc. Orlando: Paving $29.85/ton $30.67/ton $33.37/ton $34.00/ton $35.15/ton $35.30/ton $39.00/ton ENGINEERING FEES FOR SPRINGSTEAD AND ASSOCIATES 83-026 It was reported that a letter had been received from City Engineer John Springstead requesting that the City adopt a revised fee sche- dule for services as listed in a letter dated January 6, 1983 and a Schedule "A" Hourly Fee Schedule for Professional Services dated May 15, 1982. The revised schedule is the first fee.raise since 1977. City Manager Forbes stated that Springstead's bills for services must be heavily documented with detailed information, and that in big projects they sign a contract with fees stated. He also stated that he felt the new fees were not out of line. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ADOPT THE NEW FEE SCHEDULE AS LISTED IN THE MAY 15, 1982 SCHEDULE "A" HOURLY FEE SCHE- DULE FOR PROFESSIONAL SERVICES (ATTACHED). Council Member Turville requested that Finance Director Saunders check the invoices from Springstead's to ~~timate the ,dbl~ar amount/of increase:-.in~engine~ring services. e CITY OF CLERMONT e MINUTES REGULAR MEETING January 25, 1983 The Meeting adjourned at 8:30. CI~ERMONT iL Ii 13~ Charles B. Beals, Mayor ATTEST: ~~~~ Way Saunders, City Clerk FORM 4 M .... ORANDUM OF VOTI ~ CONFLICT LAST NAME - FIRST NAME - MIDDLE NAME Pool, Robert MAILING ADDRESS 1464 East Avenue CITY oCOUNTY DATE ON WHICH VOTE OCCURRED 1-25-83 NAME OF PERSON RECORDING MINUTES Julie M. Brandt TITLE OF PERSON RECORDING MINUTES Deputy City Clerk SPECIFY AGENCY is unit of: o STATE Clermont ZIP 32711 COUNTY Lake ~MUNICIPALITY NAME OF AGENCY City Council of City of Clermont oOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: Councilman Pool abstained from voting on motion 83-023 of the Minutes of the January 25, 1983 Regular Council Meeting concerning the Clermont Hotel. 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Holder of a one-fourth interest of a second mortgage on the Clermont Hotel. 3. Person or principal to whom the special gain described above will inure: a.rn Yourself b.o Principal by whom you are retained: (NAME) Robert A. Pool -~ DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: February 8, 1983 FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the 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. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND 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 PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79