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12-28-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR MEETING December 28, 1982 A Regular Meeting of the City Council of the City of Clermont was held December 28, 1982 in the City Council Chambers. The Meeting was called to order by Mayor Hoskinson at 7:30 p.m. with the follow- ing Councilmen in attendance: Hal Turville, Bob Pool, and Michael Conley. Other City Officials present were: City Manager Forbes and Deputy City Clerk Brandt. The Invocation was offered by Mayor Hoskinson, followed by the re- peating of the Pledge of Allegiance by all present. MINUTES A motion was made by Councilman Turville, seconded by Councilman Conley and unanimously carried to approve the Minutes of the Regular Meeting held December 14, 1982 as presented. CITY MANAGER'S REPORT HOLIDAY GARBAGE COLLECTION The Council Members and citizens present in the audience were reminded of the revised collection schedule for this week due to the New Year's Holiday. ORGANIZATIONAL MEETING It was reported that the first Council Meeting in January will be the Organizational Meeting for the Council, and at this meeting appoint- ments will be made to the various City Boards and Commissions. MAYOR'S REPORT Mayor Hoskinson stated that he had enjoyed serving the City of Clermont during the past two years, and thanked the citizens for allowing him the privilege. COUNCILMAN CONLEY'S REPORT Councilman Conley stated sentiments similar to Mayor HoskinsoITs_ and thanked the citizens for allowing him the privilege and honor of being able to serve them during the past two years. COUNCILMAN TURVILLE'S REPORT Councilman Turville stated that he had been by the new well site on Minnehaha Avenue and asked if the landscaping around the building was complete. He felt that more shrubbery was needed to. make the site more aesthetically pleasing. After some discussion, it was the consensus of the Council to have further landscaping done at the new well site. Mr. Forbes stated that he would take care of this matter. VISITORS. WITH BUSINESS MR. NICK BUTTITTA - CLERMONT HOTEL Mr. Nick Buttitta appeared before the Council to give a status report on the Clermont Hotel. On July 27, 1982 the Council granted Mr. Buttitta a 150 day extension to obtain permits and begin renovations at the hotel or legal action would be taken. This extension expired on December 27, 1982 and no permits were obtained or renovations begun. Mr. Buttitta stated that because of certain economic conditions he had filed for Chap- ter Eleven reorganization which gives him 180 days to come up with a plan for his assets. He stated that he was 120 d.ays iiltoth;e' .Te.q'uit_e~d time frame and asked the Council for a sixty day extension on the hotel prop- erty. Mr. Buttitta stated that he would be able to make the final de- termination as to what will happen to the hotel at the end of the sixty days. After some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY TO GRANT MR. BUTTITTA THE REQUESTED SIXTY DAY EXTENSION. Councilman Pool e CITY OF CLERMONT e MINUTES REGULAR MEETING December 28, 1982 Page -2- stated that he would abstain from voting on the motion due to a con- flict of interest. The motion died for lack of a second. Councilman Turville stated that if'we s,tart condemnation proceedings now, the process would encompass the sixty day time frame. Mayor Hoskinson stated that he felt that Mr. Buttitta had not complied with the City's requests during previous extensions, and he should not be granted any more time. After further discussion, it was decided that City Attorney Baird will need to give a legal opinion on beginning condemnation proceedings while the property is under Chapter Eleven reorganization. After much discus- 82-201 sion, A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCILMAN CONLEY AND CARRIED BY A TWO TO ONE VOTE THAT THE MATTER BE TABLED UNTIL THE. JANUARY 11, 1983 REGULAR COUNCIL MEETING AT WHICH TIME THE COUNCIL WILL EITHER TAKE LEGAL ACTION.OR GRANT THE SIXTY DAY EXTENSION TO MR. BUTTITTA. VOTING WAS AS FOLLOWS: COUNCILMAN TURVILLE, AYE; COUNCILMAN CONLEY, AYE; MAYOR HOSKINSON, NAY; AND COUNCILMAN POOL. ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST. Mayor Hoskinson voted nay because of Mr. Buttitta's previous non-compliance when extensions were granted. MR. JACK SARGENT - ANNUAL REPORT LAKE APOPKA NATURAL GAS DISTRICT Mr. Jack Sargent, Clermont's representative on the Board of Directors of the Ap?pka Natural Gas District appeared before the Council to give the District's Annual Report. Mr. Sargent gave a brief history of the district which began in 1959. It was noted that when Mr. Sargent went on the Board in January of 1975, the district was delinquent in three interest and seven principa~ payments, but by the end of FY 1978 all payments were brought up to date. It is the district's expectation that by the end of FY 1984, or shortly thereafter, it will have re- serves covering all outstanding bonds. Mr. Sargent noted that customers and revenues continue to increase. He stated that the past year was a good year for the district. Not excellent, but good. At the conclusion of his report, Mr. Sargent requested that he be re-appointed to the Board of Directors of the Lake Apopka Natural Gas District. OLD BUSINESS RESOLUTION NO. 417 - POLICY ON TRIMMING OR REMOVAL OF SHORELINE VEGETATION ON CITY OWNED PROPERTY Councilman Turville stated that he wished to clarify a statement which was printed in the "Little Sentinel" section of this morning's Orlando Sentinel. Resolution No. 417 is concerned with City owned lake front property, not private property. He stated that Resolution No. 417 was written to restate and clarify the City's policy on trimming and removing shoreline vegetation on City. owned property. Mayor Hoskinson asked that if the average high water mark was changed by local regula- tory agencies, can the policy still be enforced. City Manager Forbes stated that this would not cause any problems because a new resolution 82-202 could be drafted. After some discussion, A MOTION WAS MADE BY COUNCIL- MAN TURVILLE, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 417 TO ESTABLISH A POLICY FOR TRIMMING AND REMOV- ING SHORELINE VEGETATION ON CITY OWNED PROPERTY. OATH OF OFFICE ADMINISTERED At this time Mayor Hoskinson recessed the Council Meeting and the newly elected Council Members Ann Dupee, Lester Cole, Charles Beals, and Bob Pool were sworn in by Deupty City Clerk Brandt. Mayor Charles Beals presented plaques of appreciation to out-going Mayor James Hoskinson and Councilman Michael Conley. NEW BUSINESS Mayor Charles Beals reconvened the meeting and stated that. the chair was open for nominations for Mayor Pro Tern of the Council. Council Member Hal Turville nominated Council Member Robert Pool for the position. With no further nominations from the floor, nominations were 82-203 closed. A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCIL e CITY OF CLERMONT e MINUTES REGULAR MEETING December 28, 1982 Page - 3- MEMBER ANN DUPEE AND UNANIMOUSLY CARRIED TO APPOINT COUNCILMAN BOB POOL MAYOR PRO TEM. SLUDGE BIDS I Mayor Beals stated that because no bids were received this year for the City's sludge, he would like to exercise option #2 as stated in City Manager Forbes memo to the Council dated December 22, 1982. City Manager Forbes explained that in the past, the City has sold the sludge to g~ove owners, and that this has been an innovative approach because most cities have difficulties in disposing of their sludge. Mayor Beals stated that he had received several inquiries from citizens as to the availability of the sludge for their own use. 82-204 After some discussion, A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED TO ALLOW CITIZENS TO HAUL AWAY THE SLUDGE FREE OF CHARGE FOR THEIR OWN PRIVATE USE. IF A~PROBLEMS OCCUR WITH THIS DISPOSAL METHOD, THE SLUDGE MAY BE REBID AT A FUTURE DATE. REQUEST TO USE BISHOP FIELD - FLORIDA PROFESSIONAL BASEBALL SCHOOL City Manager Forbes reported that Mr. Denny Doyle of the Florida Pro- fessional Base ball School was again requesting the use of Bishop Field from February 21st to April 9, 1983 from 8:30 a.m. to 3:30 p.m., Monday through Friday for professional instruction of youth in baseball fundamentals. The dates and times have been cleared with the Babe Ruth League and the High School. In return for the use of the field, the school will make a $200 per week donation to the City for each week of use. Mr. Forbes stated that they have used the field in the past, and there were no problems; and recommended that they be allowed to use the field as requested, and that the monies received be placed in the City's Recreation Account for future improvements to the City's ball fields. 82-205 After some discussion, A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED TO GRANT THE FLORIDA PROFESSIONAL BASEBALL SCHOOL PERMISSION TO USE BISHOP FIELD TIMES AND DATES AS REQUEST- ED, PROVIDING THEY SHOW PROOF OF CURRENT LIABILITY INSURANCE. THEIR $200 WEEKLY DONATION WILL BE PLACED IN THE CITY'S RECREATION ACCOUNT FOR FUTURE IMPROVEMENTS TO THE CITY'S BALL FIELDS. CHAMBER OF COMMERCE LEASE - OFFICE SPACE IN JENKINS .AUDITORIUM It was reported that the Chamber of Commerce's third and final option period in the three year lease for office space in Jenkins Auditorium was up for renewal. In the past, the Council has requested that their rental fee for the space cover part of the cost of utilities used in the building. The Chamber has offered to increase their office rental 82-206 fee from $40 to $45 per month for the third year of their lease. A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCIL MEMBER DUP~ND UNANIMOUSLY CARRIED TO ACCEPT THE CHAMBER'S PAYMENT OF $45 PER MONTH RENT DURING THE FINAL YEAR OF THEIR LEASE AGREEMENT FO,R OFFICE SPACE IN JENKINS AUDITORIUM BEGINNING JANUARY 1, 1983. MANHOLE REHABILITATION PROJECT Mayor Beals reported that Altair Maintenance Services had been hired in March of 1982 to repair manholes damaged by hydrogen sulfide in the sew- age and agreed to honor their bid price for a period of one year from the original contract signing, or until March 11, 1983. In early December eleven additional manholes were found to need repairs for the same reason; and Altair Maintenance Services agreed to repair these manholes at a cost of $7,010.58 with a one year work guarantee. After some discussion, A MOTION WAS MADE BY COUNCILMAN TURVILLE TO ALLOW ALTAIR MAINTENANCE SERVICES TO REHABILITATE THE ELEVEN MANHOLES AT A COST OF $7,010.58. At this point, City Manager Forbes explained that he had met with Mr. Herb Rittger of Altair Maintenance late yesterday afternoon and upon inspection found two deep manholes which were repaired last year to have an improperly adhering final protective coat after a second re-inspection. In light of these developments, Mr. Forbes recommended that the rehabilitation of the eleven e CITY OF CLERMONT e MINUTES REGULAR MEETING December 28, 1982 Page -4- manholes be tabled until the problems with the two deep manholes are resolved. COUNCIL MEMBERS POOL AND TURVILLE WITHDREW THEIR RESPECTIVE MOTION AND SECOND WITH NO COUNCIL OBJECTIONS. The City Manager also explained that he would like to use budgeted funds for the cleaning of sewer lines with a jet cleaner, and will report back to the Council on this matter. STREET MAINTENANCE PROGRAM It was reported by City Manager Forbes that an inventory of all City Streets had been completed, and the streets rated good, fair, or poor according to twelve types of defects. It was recommended that those streets receiving the lowest rating be overlayed with Hotmix as part of the FY 1982-1983 Street Maintenance Program. After some discus- sion, it was the consensus of the Council to go ahead with the Street Maintenance Program as explained in the City Manager's Memo to the City Council dated December 22, 1982 and let bids for the asphalt work which will be submitted to the Council on January 25, 1983. The Meeting adjourned at 8:50 p.m. ;)~{t..I3~ .Jrn.~&B. Bea s, Mayor ATTEST: ~ Clerk Juli