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09-28-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 28, 1999 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Brown, Council Member Lamb and Council Member Wolfe. Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle and seconded by Council Member Wolfe, and carried unanimously to approve the minutes of the regular Council Meeting held August 24, 1999. A motion was made by Council Member Brown and seconded by Council Member Biddle, and carried unanimously to approve the minutes of the Joint Workshop Meeting of the City Council and Planning and Zoning Commission held July 12, 1999. A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously to approve the minutes o_f the Special Ci~_ Council Meeting hem September 16, 1999. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that another well was approved in next year's budget and the City has found that there is an existing well on property north of the new hospital site. City Engineer Tamara Richardson would like to investigate that well for use as a potable CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 2 well. Mr. Saunders stated that City Engineer Richardson had received four quotes to do the necessary work to investigate the well and would like approval to hire Meredith Environmental Services who had the lowest quote of $9,100 to perform the testing on the well. Mr. Saunders stated that the well would serve in our East System, along with the three existing wells we have serving east of Grand Highway. A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously to hire Meredith-Environmental ¢7-~,~ Services to test the existing well_for potable water use,_for the amount of $9,~00. City Manager Saunders stated that on October 2, 1999, the Downtown Clermont Partnership will hold its 2nd Annual Peddler's Fair and they are requesting that some downtown streets be closed for that event. There were no objections from the Council. CITY ATTORNEY GUTHRIE City Attorney Guthrie furnished a copy of correspondence from County Attorney Minkoffregarding the County's possible purchase of the waste to energy facility from Ogden-Martin. Mr. Guthrie stated that the County Attorney is proposing a "working team" to help their staff address the issue and give input into recommendations to give the Board of County Commissioners. Mr. Guthrie requested that the City Council Members review the request and direct him if they wanted him to respond. City Attorney Guthrie stated that he had reviewed the request for a termination of a temporary construction and utility easement, which was approved in February, 1998. Mr. Guthrie stated that the easement has been taken care of by an easement that appears on the Hills of Clermont plat. Mr. Guthrie stated that after her review, City Engineer Richardson approved the execution of the termination of the temporary construction easement and he would request the Council's approval to do that. A motion was made by Council Member Lamb and seconded by Council Member Wolfe, and carried unanimously to approve the City Attorney ~ execution of the tkrmination of the temporal_ construction easement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 3 FINANCE DIRECTOR VAN ZILE No Report COUNCIL MEMBER BIDDLE Council Member Biddle stated that the Mainstreet Board of Directors would like approval to put up a sign on the property next to Olivenbaum Insurance Company on Montrose Street. Mr. Biddle stated the owner of the property has granted permission for a sign that says "Clermont Mainstreet" with the names of the members on the sign but wanted to make sure the City Council had no problem with the sign. There were no objections to the sign being put on private property. COUNCIL MEMBER BROWN No report. COUNCIL MEMBER LAMB Council Member Lamb stated she had attended the League of Cities Convention and passed out the Report from the meeting, including a copy of the Resolutions passed and the phone numbers and addresses of all of the League's Board of Director. s, as well as Webb Site. Ms. Lamb called attention to the Resolution designating the week of October 17-23 as "Florida City Government Week" and suggested that the City of Clermont participate in the "My City: I'm.Part of It, I'm Proud of It!" activities. COUNCIL MEMBER WOLFE No report. MAYOR TURVILLE Mayor Turville read a Proclamation for Head Start P~wareness Month. The Proclamation declared that the month of October has been designated as Head Start Awareness Month CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 4 in recognition of the benefits and services provided to local communities by the Head Start Program. Mayor Turville stated that Head Start Awareness Week was from October 4th _ 8th. CONSENT AGENDA Mayor Turville named those items listed on the Consent Agenda and stated if there was anyone wishing to discuss any item on the Consent Agenda, then that item would be moved to the end of the New Business section of the Council Agenda. Item No. 1 Interiocal Agreement Amendment Local Mitigation Strategy Modification to the Local Mitigation Strategy Interlocal Agreement between Lake County and the City of Clermont Item No. 2 0Change Order Paquette Paving Company, Inc. Change Order and final closeout reducing contract by $2,053.60 Item No. 3 Agreement City of Clermont and Hartman & Associates Preparation of the Financial Feasibility Report for the issuance of utility system revenue bonds Item No. 4 Agreement City of Clermont and Public Financial Management, Inc. Agreement with Public Financial Management, 5Inc. for financial advisory services Item No. 5 Bid Approval Tree Removal Bid CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 5 Item No. 6 Plat Approval' Item No. 7 Plat Approval North Ridge-Phase II-Final Clermont Town Center Council Member Wolfe stated he would like to pull Item Nos. 3 and 4 and Mayor Turville announced those items moved to the New Business section of the Council Agenda. A motion was made by Council Member Lamb and seconded by Council Member Wolfe, and carried unanimously to approve Item Nos. 1, 2, 5, 6 and 7 of the Consent Agenda. VISITORS WITH BUSINESS Senator Cowin and Representative Johnson Senator Anna Cowin and Representative Randy Johnson made a ceremonial presentation of a $100,000.00 check representing the recent grant awarded the City by the Florida Recreation Development Assistance Program for the Hancock Recreation Area. Mayor Turville thanked Senator Cowin and Representative Johnson for their assistance on behalf of the City Council Members and the citizens of the City of Clermont. Representative Johnson gave an update stating that by the second week in October there should be a full signalization light at Highway 50 and Hancock Road. Representative Johnson also stated that CSX has donated rail that will be part of the Rails for Trail that will tie the Triathlon Park to the National Training Center and tie that to the West Orange Trailhead. Mr. Johnson also reported that Governor Bush has appointed his list of Mr. Johnson's recommendations with respect to the West Orange Airport, which will have a wonderful impact on Clermont. Mr. Johnson stated the airport will be built on the boundary between the Lake County line and the Orange County National Golf Course. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 6 Representative Johnson stated he would be recommending that County Commissioner Bob Poole as the Lake County advisor. South Lake County Community Foundation This Agenda item was withdrawn. Carl Mercurio-South Lake Hospital Mayor Turville stated that this issue involves a variance request requiring that a Quasi- Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Planning Director Brown stated that the applicant is requesting variances from our sign ordinance for 16 ground directional or instructional signs. Mr. Brown stated that the City's code limits the signs to 4 square feet in area and a height of 4 feet. Planning Director Brown stated that the applicant is requesting variances for three different sign styles: 1) a sign area of 71.27 square feet and a height of 12 feet for three primary directional signs; 2) a sign area of 16.67 square feet and a height of 6'6" for ten secondary directional signs; and, 3) a height of 6'6" for three parking instructional signs. Carl Mercurio, 847 Eighth Street, Clermont, Florida Byron Nixon, 818 East Church Street, Orlando, Florida Howard Barry, 439 Clermont Street, Clermont, Florida Byron Nixon stated that the signs are sized so that as people approach a curb or turn into a driveway, the sign is easily legible. Mr. Nixon stated that this was a system of signs with primary directional signs at the intersection of streets, then stepping down to secondary directional sign that occurs at street or driveway entrances and then a third that are parking informational signs located within the parking lot area of the hospital. Howard Barry stated that he felt these signs were unnecessarily large and he suggested a larger number of smaller signs would be a lot more practical and useful. Mr. Barry stated CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 7 that the easiest sign to read is one that can be read looking out your front or side window of the car. Mr. Nixon stated that the large directional signs will have 4 1/2 inch lettering and can be read from approximately 225 feet away and the smaller signs have 3 inch lettering, which allows them to be read from approximately 50 feet away. Mr. Nixon stated that all of the signs are on-property and other than the large sign on Citrus Tower Boulevard, most of the signs are on interior roads on the property. Planning Director Brown stated the staff recommends approval of this variance request because many visitors will be under the stress of dealing with illness or injury of a family member, and it was important to have signage that is easy to read and clearly communicates the location of various hospital services. Mayor Turville closed the public hearing. A motion was made bY Council Member Biddle and seconded bY Council Member Wolfe, and carried unanimousl_¥ bY roll call vote, to approve the height and size of directional and instructional sign variance_for South Lake Hospital, Inc. Dennis and Diane Zechar Reis Mayor Turville stated that this issue involves a variance request requiring that a Quasi- Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. City Clerk Van Zile swore in the following persons: Dennis and Diane Zechar Reis, 561 Mar Nan Mar Place, Clermont, Florida Elaine Rennick, 1974 Brantley Circle, Clermont, Florida Planning Director Brown stated that the Applicants are requesting a 19.72 foot rear yard setback as opposed to the 25 foot setback per code in order to construct a balcony. Mr. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 8 Brown stated the proposed balcony will be supported from the house and will not be supported by columns extending to the ground. Mr. Brown stated that the residence, located at 561 Mar Nan Mar Place, is on a canal and therefore a distance of at least 25 feet will continue to be maintained from the neighboring rear property line. Mr. Reis stated that they purchase their 1970's home and have been remodeling the home. Mr. Reis stated that their neighbors are happy as this not only improves the looks of their area but also raises the value of the homes in the neighborhood. Mr. Reis stated that the house supports the proposed balcony. Elaine Rennick asked if there had been any complaints from neighbors regarding the balcony and City Manager Saunders stated there had not been any complaints received. Planning Director Brown stated that since the rear of the home is on a canal and a distance of at least 25 feet will continue to be maintained from the neighboring rear property line, the Staff is recommending approval of the variance. ,4 motion was made by Council Member Wolfe and seconded by Council Member Lamb, and carried unanimously by roll call vote, to approve the variance for a rear yard setback of lg. 72feet at 561 Mar Nan Mar Place. Wesley B. Azzouz-Greater Construction-Hills of Clermont Mayor Turville stated that this issue involves a variance request requiting that a Quasi- Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Planning Director Brown stated that the Applicant is requesting a variance for a 9 ft. high fence as opposed to the 6 ft. height limit per code for the Hills of Clermont subdivision located on the East Side of South Hancock Road and north of the Pine Valley Industrial Park. Mr. Brown stated that the fence is to serve as a visual and noise barrier between the subdivision and the industrial park and that the request only applies to those lots on the south side of the subdivision that face or adjoin the industrial park. Planning Director CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 9 Brown stated that the applicant is requesting the additional height because the rear property line is three feet below the elevation of the house pads. City Clerk Van Zile swore in the following persons: Wesley Azzouz, 1105 Kensington Park, Altamonte Springs, Florida Mr. Azzouz stated that the purpose of this request was to provide those lots on the south side of the subdivision that face or adjoin the industrial park with a noise and visual barrier. Mr. Azzouz stated that because the property is lower than the house pads, you cannot see the fence from Hancock Road and the top of the fence will still be only 6 feet from the elevation of the house pads. Planning Director Brown stated that this was a Planned Unit Development and the developer did not foresee that this would be an issue during the PUD process. A motion was made bY Council Member Wolfe and seconded by Council Member Biddle, and carried unanimously b_¥ roll call vote, to approve the variance allowing a 9foot high fence on those lots on the south side of the Clermont Hills subdivision that face or adjoin the industrial park. Resolution No. 1094-Don M. Casto Organization Mayor Turville stated that this issue involves a request for a Conditional Use Permit requiring that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mayor Turville read Resolution No. 1094 by title only. Planning Director Brown stated that this is a request to amend an existing conditional use permit for a planned unit development. Mr. Brown stated the development is located north of Highway 50, west of Citrus Tower Boulevard, and was previously approved by CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 10 the City Council, which includes the location of the Kash 'N Karry, along with the other residential and commercial development that was planned for this site. Planning Director Brown stated the amendment is only for a change in the legal description associated with the correct alignment of Oakley Seaver Drive. City Clerk Van Zile swore in the following: David Tillman, 210-A Main Avenue, Minneola, Florida There were no questions from the citizens or staff. A motion was made by Council Member Brown and seconded by Council Member Biddle, and carried unanimously by roll call vote, to approve Resolution No. 1094. Resolution No. 1095-Ralph King-Land of Lakes Schools Mayor Turville stated that this issue involves a request for a Conditional Use Permit requiting that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mayor Turville read Resolution No. 1095 by title only. Planning Director Brown stated that the Applicant is requesting a conditional use permit to amend an existing CUP in order to allow the continuation of a Montessori School located in the Clermont Commons Business Park. Mr. Brown stated that the Council previously granted a one year CUP for this business and the applicant is now requesting an additional three years. City Clerk Van Zile swore in the following: Bob Shaker, 230 Mohawk Road, Clermont, Florida. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 11 Mr. Shaker stated that the Montessori School has been involved in the facility located in the Clermont Commons and there have never been any complaints and they are compatible neighbors. Mr. Shaker stated that the school is looking for a larger place but the Commons have been able to allow them more space in the meantime. A motion was made by Council Member Biddle and seconded by Council Member Lamb, and carried unanimously by roll call vote, to approve Resolution No. 1095. Resolution No. 1096-City of Clermont Mayor Turville stated that this is not a land use issue and no one is required to be sworn in. Mr. Turville stated that anyone wishing to speak in favor of or in opposition to the issue should just come forward and state their name for the record. Mayor Turville read Resolution No. 1096 by title only. Mayor Turville stated that the Planning staff is requesting the Council adopt this Resolution which will allow the application for annexations, rezonings, variances, conditional use permits, planned unit developments and street closings to be' amended to require the applicant to provide the names and addresses of the surrounding property owners. Mr. Turville stated that we are required to notify the surrounding owners of this type of request and it is a very time consuming project for our staff to research the names of the adjoining property owners. Mayor Turville stated that Lake County has for some time required applicants to provide this information and the Staff is requesting the Council's approval to amend our applications in order to require the applicants to provide this information. City Manager Saunders stated that the City has a very small staff and it can take one of the staff members a couple of days to research the records for this information. Mr. Saunders stated that the staff would still provide the service for single family homes, but would like to have the applicant do the research on large annexations or a CUP that comes in. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 12 City Attorney Guthrie stated that the City would not assume any burden for error and that the burden is shifted to the applicant to furnish the correct research. City Manager Saunders stated that an applicant would have to provide the names and addresses for surrounding property owners and our ordinance requires that surrounding area be a minimum of 150 feet. Council Member Wolfe stated that he would like the Resolution to exclude single family residences. A motion was made by Council Member Wolfe and seconded by Council Member Lamb, and carried unanimously, to table Resolution No. 1096 until it is rewritten to exclude single family residences. NEW BUSINESS Introduction of Ordinance 294-C Mayor Turville read Ordinance 294-C by title only. Mayor Turville stated that this ordinance is for introduction only and will amend the City's Land Development Regulations in accordance with the items reviewed during the Joint Planning and Zoning and City Council Workshops. Mr. Turville stated that the Planning and Zoning Commission reviewed the Ordinance. A motion was made bY Council Member Biddle and seconded by Council Member Brown, and carried unanimous!y, to approve the introduction of Ordinance No. 294-C and move it_for second reading at the next Ci_ty Council Meeting. Utility Service Agreement-Spring Valley CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 13 Mr. Saunders stated that Spring Valley is a residential project located outside the City limits west of Highway 27, south of Anderson Hill Road and has been approved by Lake County. Mr. Saunders stated that the project consists of approximately 483 residential lots and 160,000 square feet of commercial space. City Manager Saunders stated the City has been working on an Agreement to provide wastewater service to the development. Mr. Saunders stated that one of the goals of the City upon the construction of our Hancock Road Treatment Plant was to be a regional provider of sewer service to surrounding unincorporated areas in order to eliminate additional septic tanks and package plants. Spring Valley will pay their fair share of the Regional Lost Lake Lift Station referred to as E-7. A motion was made by Council Member Biddle and seconded by Council Member Lamb, and carried unanimously, to approve the Utili~ Service Agreement with Spring Valley, LTD. Infrastructure Cost Sharing Agreement-Lost Lake Reserve, L.C. City Manager Saunders stated that this Agreement between the City and Lost Lake Reserve (Jaymark) is for the cost sharing of the regional Lift Station that is being constructed by Jaymark on the Lost Lake Reserve property just north of Lake Felter. This is a Regional Lift Station that initially serves the Lost Lake Elementary School and in the future will serve the Lost Lake Project as well as the next phase of the Kings Ridge Project and several parcels west of U.S. 27. The City's existing Lift Station E-4 located north of Lake Wilma serving areas south of Highway 50, east and west of U.S. 27, will also contribute flows into this lift station. A force main from this lift station has also been constructed directly to our Hancock Road treatment facility. The facilities have been oversized in order to accommodate the other flows discussed above. No cash outlay is required from the City. The City's share for oversizing the facility for both our Lift Station E-4 flow and the future other basin flows will be provided either as an impact fee credit or as a reimbursement when adjoining developers purchase their share of the Regional Lift Station capacity. Mr. Saunders stated that the Staff recommends approval of this Agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 14 Bob Shaker stated that they have worked diligently with the City and surrounding land owners and have constructed something much larger than the project requires. City Attorney Guthrie stated that he and the City Manager had reviewed the Agreement and he felt it was a good one for all parties. A motion was made by Council Member Biddle and seconded by Council Member Lamb, and carried unanimously, to approve the In_frastructure Cost Sharing Agreement between the Ci_ty of Clermont and Lost Lake Reserve. Mayor Turville stated those items on the Agenda's Consent Agreement that required additional discussion would now come before the Council. Item. No. 3-Agreement-City of Clermont and Hartman & Associates Item No. 4-Agreement-City of Clermont and Public Financial Management, Inc. City Manager Saunders stated that the City secured a Bond Anticipation Note at the time we constructed the first phase of our Hancock Road sewage treatment facility. Mr. Saunders stated that there is a budgeted expansion of that facility for next year, which will require the bond anticipation note to be converted to a revenue bond to refund the original note and provide the additional dollars needed for the expansion. Mr. Saunders stated that a Financial Feasibility Report must be prepared for use by the City in the Official Statement that will be associated with the issuance of the revenue bonds. Mr. Saunders stated that Hartman & Associates has done a good job for the City in the past on the original Bond Anticipation Notes and Utility Impact Fee Update provided last year and they have all of the City's base information already. City Manager Saunders stated that the Agreement with Public Financial Management, Inc. deals with the same bond issue with Public Financial Management acting as the City's financial advisor and actually securing the bond issue. Mr. Saunders stated that they were also the firm that the City worked with for the Bond Anticipation Note and they have the City's information and have provided good service to the City. Mr. Saunders CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 15 stated that if the City advertises for qualifications, he could not imagine how anyone could be ranked higher than these two firms, since we have already used them and they do have our information available. Mr. Saunders stated that there would be at least a two or three month delay if the City is required to go through the request for qualifications procedure. City Attorney Guthrie stated that while Hartman & Associates does engineering and surveying services which are covered by the Consultants Competitive Negotiation Act, this is a financial feasibility service and there will be no engineering, drawings or any of those documents, so this will not be covered by the C.N.A. Council Member Wolfe stated that his only concern was whether this particular job was covered by the Consultants Competitive Negotiation Act. Mr. Wolfe asked if the City needed to hire both firms. City Manager Saunders stated that the City will not be doing any engineering with these firms but it is important to have a firm with that background in order to prepare the type of statement the City needs. Mr. Saunders stated that the services we need are not covered under the C.N.A. and even if they were, we are under the $25,000 threshold. Mr. Saunders stated that Public Financial Management, Inc. is the firm the City used and they obtained an excellent rate three years ago and since then they have provided financial advice to the City. Mr. Saunders stated that Haman & Associates will actually produce the report that does analysis of our system, gives projections, shows how our system will meet the needs in the future and how the revenues will meet the debt service we may have. Mr. Saunders stated that Public Financial Management, Inc. will take that one component, along with everything else and see whether the City needs to be rated, whether we will insure the bond issue, and will talk with all the different bonding agencies and will actually help us secure the bond and put the official statement together for us and advise us whether we actually put it out on the market or whether we go to a negotiated sale. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 16 Finance Director Van Zile stated that this was a common approach for Cities and we could be looking at a bond issue between eleven and twelve million dollars and should feel comfortable working with two firms, with different responsibilities in the process. A motion was made by Council Member Wolfe and seconded by Council Member Biddle, and carried unanimously, to approve the Agreement between the Ci_ty qf Clermont and Hartman & Associates and the Agreement between the Ci_ty of Clermont and Public Financial Management, Inc. Howard Barry stated that he felt the jobs required by each of these firms should be put out to bid since this is the public's money and anytime government is involved there is always a possibility for corruption if the opportunity is provided. City Manager Saunders stated that there will be no commissions for either one of these firms. Mr. Saunders stated that copies of any agreements between the City and anyone else are always on an agenda and copies of any proposed agreements are available at City Hall. The City Council Members stated they were satisfied with the agreements with these two firms. Citizens' Comments Matthew Modica stated that he is upset that there is dredging allowed in lakes and he wished he could have addressed the issue with our State Senator and Representative. Mr. Modica asked if the City could write a letter to the County expressing our concern. Mayor Turville stated that there is no lake dredging allowed within the Clermont City Limits as we have an ordinance preventing that. Mayor Turville stated that the County does not have an ordinance any longer protecting the lakes from dredging and he saw no problem with the City writing a letter. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 17 Mr. Modica stated that he observed Little League coaches drinking beer in the parking lot of the ball field in front of the children. Mr. Modica stated that he had informed City Manager Saunders of the situation. Mr. Modica requested that the City furnish Police Officers to periodically patrol the park. Mr. Modica stated he did not want anyone arrested but wanted a police presence for prevention. Mayor Turville suggested that Mr. Modica write his Little League Board and ask them to direct their coaches not to drink in the park and explained that if the police see anyone breaking the law they will be obligated to make an arrest. City Manager Saunders stated that he had already spoken with the President of the League and was informed that a letter would be going out to all of the coaches stating that there would be no drinking at the parks. Mr. Modica stated that the "sign issue" continues although he has talked with the Department of Transportation and the County, but temporary signs just keep being put out on the sides of the road coming into the City. Mr. Modica stated he would like the City of Clermont to figure out a way to go out and enforce the situation. Vincent Williams requested that the City keep the citizens updated regarding the lift station failure and spill into Lake Minneola and said he had seen nothing in the newspaper since the lake was re-opened. Mr. Williams asked if there was a plan to make certain there were no other old pipes that could leak and asked what agencies with experience in these matters had the City had consulted. Mr. Williams stated that a failure to communicate with the citizens was turning an environmental disaster into a public relations disaster and the City should keep the media informed of the progress. City Manager Saunders that the City's Utility Department has gone along the lakeshores of both Lake Minneola and Lake Minnehaha and checked the existing connections and done a visual inspection to make certain there were no problems they could see. Mr. Saunders stated that our system is a good system with the best safeguards available, but with anything mechanical there can be failures. Mr. Saunders stated that the City has talked with the Department of Environmental Protection, with other Cities and have asked our new engineering firm, Boyle Engineering to advise us. Mr. Saunders stated the firm has extensive experience in sewage systems and the City will ask them to inform us of any other things we can do to help prevent this type of a problem in the future. Mr. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 18 Saunders stated that this is not a unique situation for Clermont. City Manager Saunders stated that all of our lift stations are checked daily and there has been a review of how these checks were done and if there is anything else the City can do. Mr. Saunders stated that the media was presented with routine news releases during the process and regarding all the testing that was performed. Mr. Saunders stated that one problem is the fact that the newspapers usually only report the bad things that occur and when the problems are solved, they lose interest and stop reporting. Mr. Saunders stated that there will be an update regarding this in the November newsletter. Mayor Turville stated there were several days that he talked with the news media continuously and just because you update them does not mean they are going to report the interview. Mr. Turville stated that the Department of Environmental Protection Agency actually praised the City's handling of the situation and stated they felt the City did an above average job of handling the problem. Mayor Turville stated that he routinely talked with the press but unless the press follows up on everything that is being done, there is no way to let everyone know the details of the progress. Mayor Turville stated that the City does not open or close the beach based on "common sense" but based on water quality tests coordinated with the appropriate agencies. Council Member Wolfe stated that his concern was that the City needs to make a better effort to communicate the facts with the public. Dick Teagon suggested that the City consider using a Web Site to post legal notices, agendas and minutes of the City Council meetings as an additional resource for the citizens. Mr. Teagon inquired regarding the Jaymark property and said it was beginning to look like a sandbox. Mr. Saunders stated that Jaymark applied for a preliminary development agreement through the Department of Community Affairs in Tallahassee, and their property is of such a size that they require a Development of Regional Impact. Mr. Saunders stated that this allows them to get started on the project with a Developer's Agreement for the first CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 19 phase, while they are working on the DRI, which normally takes from a year or year and a half. Mr. Saunders stated that it is his understanding that Jaymark is almost through that process and should be coming before our Planning and Zoning Commission and City Council within the next month for a Conditional Use Permit for that Phase I. City Manager Saunders stated that the City was looking at a Dust Abatement Ordinance that would be required by someone who goes in and disturbs an entire site. Howard Barry stated that the key questions regarding the handling of the lift station spill is that one day the City opened the lake for the Triathlon and then it took nine days after the Triathlon to get sufficient test reports to reopened to the public. Mayor Turville stated that the City closed the beach and told everyone around the lake, whether they were in the City or not, as soon as the spill was discovered. Mayor Turville stated all of the proper notifications were given to all of the appropriate agencies and started testing that very morning. Mr. Turville stated that based on the test results, the Health Department determines whether the lake can be opened. The Triathlon was going to go on whether the lake was open or not as they could begin their swim from another area of the lake and only the beach area was required to be closed. City Manager Saunders stated that the City was taking two sets of test results each day, both in the morning and afternoon and on the Friday before the Triathlon all of the tests were good, based on Wednesday's tests. Mr. Saunders stated there is a forty-eight hour turn-around on the tests. City Manager Saunders stated that the lake itself was never closed, just the swim area. Mr. Saunders stated that at that time the Health Department said the swim area could be re-opened and the City decided to wait until even more test results were received and did not open the swim area until Saturday as an additional precaution. Mr. Saunders stated that at the middle of the next week two of the tests out of many came back slightly elevated. Mr. Saunders stated that the Health Department and the testing lab stated that they thought those two samples were tainted as there was a lot of sand and debris in the sample. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 20 Mayor Turville stated that the even thought he Health Department and testing laboratory felt the samples were tainted and the lake was at safe levels, the City decided to close the swim area again as a precaution. Nancy Fullerton stated that she has nothing against any creatures of the air, however she would like to request that the birds that were relocated from Center Lake to Crystal Lake be removed before that lake is also contaminated. Ms. Fullerton suggested that perhaps we should designate one lake for a "bird lake" and not be concerned about the quality of that particular lake and allow the birds a permanent lake home while protecting our other lakes. Ms. Fullerton suggested that Center Lake be maintained for water fowl. Mayor Turville stated the problems connected with ducks on Center Lake were at least three decades old and it is difficult to prevent water fowl from coming into a lake and difficult to decide who these water fowl belong to. Mayor Turville stated that the City Council, over the last six years, has done a remarkable job of finding homes for the Muscovy ducks however, the mallards are migratory. Mayor Turville stated that stormwater was the worse problem with the lake and the City has replanted the vegetation around the lake and is working to clean it up. Council Members Lamb, Wolfe, and Mayor Turville stated that a workshop was held regarding the relocation of birds and that there was a possibility that all of the birds on Crystal Lake were not City relocated birds, swans or geese but were coming to the lake from other lakes. Ms. Fullterton stated that she would like the City to participate with the County and State in resolving the stormwater problems. Ms. Fullerton also requested that the Council Members and citizens contact Senator Cowin, Representative Johnson and Representative Kelly, as well as County Commission Pool and encourage a vote for the repeal of House Bill 57 in order to prevent dredging, backhoeing and dragging of our lakes. Ms. Fullterton stated that the Bill was passed in 1997 and totally prevents all the water protection agencies from doing their job in protecting our waters. Ms. Fullerton stated that the City of Clermont has an ordinance CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1999 Page 21 that protects us within the City limits, but unfortunately not all of Lake Minneola is in the City limits and there is dredging going on in that lake now, as well as other lakes in the County. Council Member Wolfe suggested the City present a Resolution to Lake County urging them to adopt a wetland protection ordinance. Cherie Blanchard read a statement regarding information that she had previously provided the City Council Members specifically regarding her request that an outside agency investigate the Clermont Police Department's handling of an incident concerning her ex-husband's alleged abuse of her son. There being no further business or discussion, the meeting adjourned at 10:00. I-I~arf>ld S. Tur~ille, Jr.'~Mayor Attest: J~se~h .~V~Clerk