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06-22-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 22, 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 Baird, 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 Brown and seconded by Council Member Wolfe. and carried unanimously to approve the ~ninutes of the re~o'ular Council Meeting held .luna 8. 1999. ~4 motion was made by Council Member Lamb and seconded by Council Member Biddle, and carried unanimously to approve the minutes of the Council Workshop Minutes of Janua~ 7, 1999 and January 14, 1999. CITY MANAGER SAUNDERS' REPORT Workshops City Manager Saunders reminded the City Council of the workshop meeting scheduled for 6:00 p.m., June 29, 1999 at the Police Department. Mr. Saunders stated that the Council would receive a report from C.T. HSU Architects on preliminary ideas they have for the new City Hall and their report to the Council on their investigation of the use of the old hospital. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 2 City Manager Saunders stated that a joint workshop with the City Council and Planning and Zoning Commission is scheduled for 6:00 p.m. on July 12, 1999, at the Police Department and budget workshops are scheduled for 6:00 p.m. on July 14, 15, and 29, 1999, at the Police Department. CITY ATTORNEY BAIRD No report. FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Mr. Biddle stated that on July 2, 1999, the Downtown Clermont Partnership will celebrate its "First Friday" with a historical theme. Mr. Biddle stated the Historical Society would have a membership drive, and some of the City's long-time citizens will be giving an oral history of downtown Clermont. Council Member Biddle stated that many of the downtown buildings will have their history posted on their buildings. Mr. Biddle invited everyone to visit our downtown. COUNCIL MEMBER BROWN No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER WOLFE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 3 MAYOR TURVILLE Mayor Turville stated that he will attend the Historical Society meeting on Thursday, June 24, 1999 and asked if other Council Members were attending. City Manager Saunders stated he would also attend and explained to the Council that if more than one Council Member attends the meeting and a discussion is held regarding something that may come before the City Council, it would either need to be scheduled as a Council Workshop or the Council Members could not take part in the discussions. VISITORS WITH BUSINESS Fred Fox Enterprises, Inc. David Fox announced this as the City of Clermont's Second Public Hearing in preparation for the Community Development Block Grant application that benefits low and moderate income persons. Mr. Fox stated Resolution 1074 authorizes Fred Fox Enterprises to submit on behalf of the City of Clermont, the application to the Florida Department of Community Affairs for a grant in the amount of $600,000.00 for twenty- one rehabilitation or replacement units with a budget of $478,500.00; twenty one relocations with a budget of $31,500 and an administration budget of $90,000. Mr. Fox stated that Resolution 1073 regards the Relocation and Rehabilitation Guidelines. Mr. Fox noted two typographical errors and stated that their office would correct those and provide the corrected pages to the City Manager the next morning. There were no questions ~om Council or the audience and Mr. Fox closed the Second Public Hearing. Resolution 1073 Mayor Turville read Resolution No. 1073 by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 4 A motion was made by Council Member Wolfe and seconded by Council Member Biddle, and carried unanimously, to adopt Resolution 1073. Resolution No. 1074 Mayor Turville read Resolution No. 1074 by title only. A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously, to adopt Resolution 1074. Resolution No. 1068-Lake Christian Fellowship Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville read Resolution No. 1068 by title only. City Manager Saunders stated that the applicants are requesting a Conditional Use Permit to operate a church in an existing building in the Citrus Tower Centre. City Clerk Van Zile swore in the following citizens: Jerry Gill, 550 Diston Avenue, Clermont, Florida Bob Shaker, 230 Mohawk, Clermont, Florida Gina Larken, 1033 Linden Street, Clermont, Florida Anne Dupee, 389 Division Street, Clermont, Florida Bob Thompson, 1958 Brantley Circle, Clermont, Florida Mr. Gill stated the applicants wish to use the building in Citrus Tower Centre as a church meeting assembly hall. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page $ City Manager Saunders stated that the Planning and Zoning Commission and the Staff recommend approval of this request. Mr. Saunders stated there was adequate parking for the facility. Mr. Shaker stated he represents Jaymark Developers who have an interest in the property across the street from the Citrus Tower Centre. Mr. Shaker stated that Jaymark was concerned that they would not have full use of their property, which is already zoned commercial, if a church was across the street. Mr. Shaker stated they will possibly have a restaurant on their property that will serve alcoholic beverages and they are concerned about the ordinance requiring them to be 500 feet from a church. Mr. Shaker stated they would like some reassurance of full use of their property if the Conditional Use Permit is approved. City Manager Saunders stated that if a church establishes itself in a location and and then a restaurant serving alcoholic beverages opens less than 500 feet from the church, that would be a problem. Mr. Saunders stated that a church could agree however, not to oppose a variance request from the restaurant when the variance was brought before the Council at a future date. Gina Larken asked if having a church in that location would change the tax basis for the whole parcel and City Manager Saunders stated it would not. Ann Dupee asked if the variance would only effect the property across the street or any property in that vicinity and Mayor Turville stated it would be any property within the physical confines of that ordinance which is 500 feet. Bob Thompson stated there is a restaurant serving alcoholic beverages adjacent to this and questioned whether this set a precedent and City Manager Saunders explained that it was not a problem for the church to move within 500 feet of an existing business serving alcohol, but for an establishment serving alcohol to move within 500 feet of a church is a problem. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 6 Mayor Turville asked if the applicant had a problem with the condition suggested that the Church would not oppose a variance request in the future. Mr. Gill stated the applicant did not have a problem agreeing to not oppose a variance and advised that they were going to be in the location for a short period of time. However, he stated he could not speak for the Church because that would be a congregation decision. ,4 motion was made by Council Member Biddle and seconded b~v Council Member Wolfe, and carried unanimous(v, b.v roll call vote, to ado.t~t Resolution 1068 as amended to state that the Church will not o.~t~ose a variance request. Resolution No. 1069-Moonlight Players Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville read Resolution No. 1069 by title only. City Manager Saunders that applicants are requesting a Conditional Use Permit to operate a community theater in the Central Business District at the warehouse space behind the Kirkland Building between 7th and 8th streets on Montrose Street. City Clerk Van Zile swore in the following citizens: Jan Sheldon, 17521 State Road 19, Groveland, Florida. Jan Sheldon stated that the community theater has a non-profit status and would appreciate approval from the Council for a permanent home for the theater. City Manager Saunders stated that the Planning and Zoning Commission and the Staff recommend approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 7 A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously: by roll call vote, to adopt Resolution 1069. Resolution No. 1070-First United Methodist Church Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville read Resolution No. 1070 by title only. City Manager Saunders stated the applicants are requesting a Conditional Use Permit for the expansion of the church located at 950 7th Street. Mr. Saunders stated that the Church plans to construct an addition to the existing sanctuary and the current parking areas provide adequate parking to meet the requirements associated with the additional seating. City Clerk Van Zile swore in the following citizens: Steven Cook, 9200 Edgewater Drive, Clermont, Florida. Steven Cook stated he represents the applicants and that the project is to add approximately 79 seats to the sanctuary and to bring the campus up to guidelines so they will have better ingress and egress in accordance with the Disability Act. City Manager Saunders stated that the Planning and Zoning Commission and the Staff recommend approval. A motion was made by Council Member Wolfe and seconded by Council Member Lamb, and carried unanimousl~v, by roll call vote, to adopt Resolution 1070. ? Y-/4 & CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 8 Resolution No. 1071-David L. Allyn, M.D. Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville read Resolution No. 1071 by title only. City Manager Saunders stated that the applicants are requesting a Conditional Use Permit to construct a medical office and ambulatory surgical center that will be located east of the Citrus Tower Centre, south of Citrus Tower Boulevard. City Clerk Van Zile swore in the following citizens: Bob Thompson, 1958 Brantley Circle, Clermont, Florida David Allyn, M.D., 349 North U.S. Highway 27, Clermont, Florida Arthur Nix, 17550 County Road 455, Montverde, Florida Bob Thompson stated that applicant would request that he be allowed to contribute to the cost of adding west bound turn lane at the time the County reconfigures the area of Mohawk Road, Grand Highway and Citrus Tower Boulevard to provide a T-intersection, rather than provide the turn lane now. City Manager Saunders stated that the Planning and Zoning Commission did recommend approval and the Staff recommends approval as written but explained that the County is planning to provide a T-intersection which will alter the road in front of this property, and Staff would recommend that number six of the Conditional Use Permit state that the applicant shall pay for the inclusion of a west bound turn lane on Citrus Tower Boulevard at the time Lake County re-builds the intersection and roadway along the frontage of applicant's property. A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously, by roll call vote, to adopt Resolution 1071, as amended stating that CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 9 applicant shall pa.v for the inclusion q£a west bound turn lane on Citrus Tower Boulevard at the time Lake coun~ rebuilds the intersection and the roadway along the frontage qf a.~t~licant's properS.. Resolution No. 1072-Jaymark Builders & Developers, Inc. Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville read Resolution No. 1072 by title only. City Manager Saunders stated the applicant previously received an approval for their development that includes single and multi-family residential, commercial and light industrial uses. The 3.5 acres consists of the 1.8 acre parcel purchased from the City and an approximately 1.7 acre parcel purchased from the Gibb Family Trust. Mr. Saunders stated no additional buildings are proposed for the added area and it will be used for storm water retention. City Clerk Van Zile swore in the following citizens: Bob Shaker, 230 Mohawk, Clermont, Florida Mr. Shaker represented the applicants and offered to answer any questions. City Manager Saunders stated the Planning and Zoning Commission and the Staff recommend approval of the Resolution. A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously, by roll call vote. to adopt Resolution 1072. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 10 Park Square Enterprises, Inc. Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Manager Saunders stated the applicant is requesting a variance from our land development regulations in order to allow private streets within a private gated community for their project located on the future extension of North Hancock Road. Attorney George Hovis represented the applicants and stated the private streets would be maintained by the homeowners of the gated community. City Manager Saunders stated that the staff recommends approval and added that the private streets are required to be built to the City's standards with appropriate right-of- ways and applicants are doing that. Mayor Turville stated he had concerns that if the residents decide in the future not to take care of the private streets, the City will have to maintain them. Mr. Turville stated that he was concerned that if the homeowners did not maintain the streets, it would be difficult for the City to take the voters to task. City Manager Saunders explained that there is no requirement for the City to accept private streets, and if the City decided to take them over and if the private streets were in bad shape, the City could take them over with a requirement to bring them up to code or with a special assessment. Mr. Saunders stated that it will save the City money as the City will not have to maintain the streets for several years or provide and maintain streetlights. Council Member Wolfe stated gated communities were typically more expensive real estate with a high tax base. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 11 Mr. Hovis stated that the subdivisions now have very detailed declarations of covenants and restrictions that outline the responsibility of each property owner. Mr. Hovis stated if a homeowners does not pay his share of the maintenance, the Association sues and a lien is put on the property. Mr. Hovis further stated that the City is never under an obligation to take the private streets into their street system. A motion was ~ade by Council Member Biddle and seconded by Council Member Brown, and carried uttanimously, by roll call vote to grant a variance to Park Square Enterprises to allow private streets Within a private gated communi~. .. Levitt Homes, Inc. Levitt Homes, Inc. variance request tabled. A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously to table the variance reauest. Cecil Schrader Cecil Schrader variance request tabled. A motion was made by Council Member Biddle and seconded by Council Member Wolfe, and carried unanimously to table the variance request. Skyridge Valley City Manager stated this is a final plat approval for the Centex Homes single family project that is under construction and located south of the easterly extension of Northridge Boulevard and east.of Citrus Tower Boulevard. Mr. Saunders stated that Staff recommends approval of the final plat, subject to some additional right-of-way required CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 12 for an intersection change that the County is planning on at the intersection of Northridge and Citrus Tower Boulevard. Mr. Saunders stated the applicants have agreed to provide that. Council Member Biddle stated that at the recent joint meeting of the City Council and the Planning and Zoning Commission the main focus was to try and eliminate the grading of our hills. Council Member Biddle inquired as to the effect of that discussion on this project. City Manager Saunders stated that this project has already been approved and is under construction. Council Member Lamb stated that there is constant confusion as to the final approval of plats and ask how we could clarify how this procedure was done so that the citizens could understand it. City Manager Saunders stated he would put together a flow chart so that the citizens could understand and follow the process easier. Mr. Saunders stated he would also provide a list of the projects that have already been approved. A motion was made by Council Member Biddle and seconded by Council Member Wol~fe. and carried unanimously to a.~nrove the plat for Skyridge Valley, as amended to include the requirement qf additional r~ht-qf-way. NEW BUSINESS City Attorney Mr. Turville stated that Leonard Baird was currently the City Attorney and that Robert Guthrie, Esquire from the firm of Frank Kruppenbacher, P. A. is being considered. Mayor Turville has offered a fee proposal for Council review in considering him for the position. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 13 Mayor Turville asked for any statements from the public. County Commissioner Bob Pool stated that he served as Clermont's Mayor for a number of years and a Council Member for almost 20 years. Mr. Pool stated City Attorney Baird has done an admirable job for the City, has been an asset and was always available to the City. Mr. Pool expressed that he was concerned about the future and well-being of the City and citizens of Clermont and felt that while the other contenders for this position were all qualified, there was no dollar value you could put on the knowledge and experience of City Attorney Baird. County Commissioner Pool continued with statements of support for Mr. Baird and closed by saying that he had received a number of calls from people asking to speak on Attorney Baird's behalf and they were very concerned; and not once has anyone said to him that the City should get rid of Attorney Baird. Attomey Richard Langley stated he was the City Attorney for the City of Clermont from January, 1965 until he went to the legislature in 1972. Mr. Langley stated he also was a member of the Lake County School Board and represented the School Board from 1993 to 1996. Mr. Langley stated that he felt part of this job is community service and community involvement and that Mr. Baird was always there for the City. Mr. Langley stated if the Council was looking for good service from a man who is involved in his community, is responsible and responsive to the community, then the City should stick with him. Mr. Langley continued with comments of support. Ken Norquist stated he spent ten years on the City Council and when he first came on the Council, City Attorney Baird assured him that his door was always open day or night with any concerns of the City's. Mr. Norquist stated that he had relied on City Attorney Baird's expertise and legal opinions many times. Mr. Norquist stated he felt it was important that Mr. Baird was local, kept a small-town flavor, was completely accessible and he could not imagine an out of town attorney being that available without it costing the City considerably more than Mr. Baird. Attorney George Hovis stated he was the person who hired Leonard Baird fresh from law school twenty-eight years ago. Mr. Hovis stated he also knew the other attorney being CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 14 considered and felt he was a qualified attorney, however, he was very expensive. Mr. Hovis stated that from personal experience, over one-half of the work done for the City is not billed, and what is billed is billed at a lower rate. Mr. Hovis stated that if a Council Member had a personal problem with Mr. Baird, then should sit down with all the Council Members and discuss it and work it out, but should not change City Attorneys for personal reasons. Mr. Hovis stated that if the City wants a specialist for some problem, hire one, but don't use the specialist all the time for that kind of fee. Matthew Modica stated that Leonard Baird has always been there for him and maybe some of the Council Members should bury the hatchet. Mr. Modica stated that Mr. Baird had always done a good job for the City and the City should retain him as the City Attorney. Ann Dupee stated she served on the Council for ten years and said that it was her understanding that the City Attorney should know what the City's Codes and Ordinances are and make sure that the City Council follows those rules and regulations. Ms. Dupee stated it was not the City Attorney's role to be the guiding person in what land use regulations might be, but those were the duties of the Council Members. Ms. Dupee stated she did not understand how an attorney specializing in land use was necessary. Ms. Dupee stated her experience over those ten years she served as a Council Member was that Mr. Baird kept the Council legal, whether they liked what they were hearing or wanted to go another way or not. Ms. Dupee stated that Mr. Baird was always professional. Elaine Tarken stated that she was a one year resident of Clermont and does not know Mr. Baird, however she was very concerned that twenty years of experience was being shoved aside by the Council. Ms. Tarken stated that if there were Council Members with issues, then they should work to resolve them with Mr. Baird before they hired an attorney that did not live in our community. Ms. Tarken also stated that as a taxpayer she was very concerned that the City would triple or quadruple the amount paid to a City Attorney on someone out of town. Ms. Tarken stated that she felt confident that if Mr. Baird needed a specialist in some area the Council would authorize him to consult that specialist. Ms. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 15 Tarken stated as a taxpayer and a citizen she was very concerned with what she was seeing. Ben Griffin stated that the Council loves Clermont or they wouldn't be doing the job of the Council and he knows that City Attorney Baird has lived here all of his life and loves Clermont and the citizens love him for what he does for our City. Mr. Griffin said it was nice to know you had a City Attorney who love~l the community and could be called upon for a favor without getting a bill every time. Mr. Griffin stated he felt it means a lot to have people with roots in the community to help solve the community's problems. Mr. Griffin stated that a lot of City Councils have come and gone, but Mr. Baird has always been here like a rock and he loves Clermont and South Lake County and loves the citizens. Paul Anderson stated he had been conducting the fire inspections for the City of Clermont for approximately nine years and spoke of the support given him by Mr. Baird. Charlene Forth stated she felt she could predict who was going to attend the Council meeting and speak on behalf of City Attorney Baird, "the good ole' friends, good ole' boys club". After additional comments, Ms. Forth stated she felt the people spoke clearly that they want a change. Ms. Forth stated that we shouldn't look at this as personal, but as a business and the City needed to get on with that. Charles Forth stated the issue was not whether City Attorney Baird was being attacked personally and it was not an issue of what the taxpayers were going to spend, because Commissioner Pool sits on the Commission in Lake County and he knows that 90% of what a City gets in trouble for is land use issues. Mr. Forth stated that if the City retains Mr. Baird he ought to raise his rates because compared to the County and Orlando, he is too low. Mr. Forth stated that 90% of any municipalities, counties or cities problems are going to be in the area of land use and that is what will tie us up in Court. Bob Pool stated for the record that the City did in fact consult with a special land use attorney prior to making the water usage decision and Mr. Baird did not make that decision. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 16 Lisa Jensen stated that she had not heard anyone, including Mr. and Mrs. Forth, say that City Attorney Baird was doing a bad job. Ms. Jensen stated she heard that someone may have not liked something Mr. Baird said but not that he was doing a bad job for the City. Charlene Forth stated that she would like to say for the record that she did say that City Attorney Baird had possibly made a mistake regarding the City Manager issue and that has gone to the A.C.L.U. for the taxpayers of the City of Clermont, and also she would say for the record that Mr. Langley and Mr. Richey said they could not find that Mr. Baird's decision was right regarding the City Manager issue. Dick Teagon stated he was certainly happy that his corporation didn't decide, because he was around for twenty years, that they needed a change or he probably wouldn't be here today. Mr. Teagon stated that if this issue is brought before the Council for vote tonight, during the discussion, he would request the Council Members state their reasons for their vote and what the reasons are for a change. Mayor Turville called for a motion so the Council could proceed. Council Member Biddle made a motion to retain Mr. Baird as the Ci~. Attorney and Mayor Turville seconded the motion. Mayor Turville stated he had no problem at all with Mr. Baird and had known him all his life which he guessed threw him into the "good ole boy" crowd. Mr. Turville stated he would like to believe that people he had known all his life didn't turn into bad people for some reason along the way and would like to believe that knowing someone for a long time is probably makes you a better witness to their character than knowing someone for a short time. Mayor Turville stated that he had fourteen years experience working with Mr. Baird and there were many times that he went to Mr. Baird's office and asked him for hard legal advice because he didn't agree with what the Council wanted to do, and Mr. Baird always could advise him what the law said. Mayor Turville stated that Mr. Baird was prepared to support whoever had the law supporting them and was not there if the law did not support the decision. Mr. Turville stated that knowing that made him review his thinking if Mr. Baird advised that he was on shaky legal grounds. Mayor Turville CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 17 stated that historically, Mr. Baird's fees have been closer to $9,000.00 a year and this year we have had special assistance from one of the most powerful land-use attorneys in the State and we have had extra legal fees this year, but those are unusual. Mayor Turville stated the City seldom ever had any legal expense that duplicated Mr. Baird's salary in one given year. Mayor Turville stated we need to keep Mr. Baird who is local and accessible and affordable and if the City has a special need, hire a specialist for that special need. Mayor Turville stated that the City is reviewing the budget soon and the taxpayers will not appreciate spending $30,000 or $40,000 a year for attorneys fees. Council Member Biddle stated that there have been three workshops on this issue. He stated that as he went through the list of attorneys discussed during those workshops, the key things expressed by the Council Members were experience, cost, residency, access to the Staff and Council, which is critical, trust, performance, and not having rotating attorneys coming to meetings and stated that Leonard Baird met all of those criteria. He stated further that all night long the Council voted together on the issues brought before it and he felt that was not a bad thing, but the Council was working as a team. Council Member stated he did not feel the City should pay $30,000, $40,000 or $50,000 a year when we could be paying Mr. Baird what we have been paying him. Council Member Biddle stated that if a specific unusual issue came up, the Council could hire an expert. Mr. Biddle stated that Council Member Lamb ranked another attorney, with no land use experience a number four and did not rank Mr. Baird at all. Mr. Biddle stated that was not consistent with Ms. Lamb and Ms. Wolfe stating that land use experience was a critical key here. Council Member Biddle stated that the City had already approved extra money for the Fire Department, lighting a soccer field and other things that were not in the budget. Mr. Biddle stated the starting salary for police officers was lower than Mascotte and he felt that there were a lot of things the Council needed more money for and a new attorney was not one of them. Mr. Biddle stated further that in response to the "good ole boy" statement made, he had been in town for four years and three months, and stated he must be the fastest "good ole' boy" on record. Council Member stated he did not go to school with Mr. Baird, didn't know him other than seeing him at every Council meeting and if it meant being a "good ole' boy" is protecting the City by wanting to keep an experienced attorney, someone who wants a local attorney to represent the City, rather than someone from Orlando, and someone who believes in protecting an attorney who has done a good job for this City for twenty eight years, then his name should be put down as CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 18 a "good ole' boy". Council Member Biddle stated he did not think there was a doubt in anyone's mind that the City had the best attorney for the money, that the Council was responsible to the taxpayers of the community, the City has had good legal advice for low cost because Mr. Baird loves this City and does what he can to give back to it, and after looking at other attorneys, he was convinced that the City had the best and any change would be a critical to the City and taxpayers. Council Member Biddle stated that when the Council voted regarding the 100,000 square foot Ordinance, after a five month debate, the entire Council trusted Mr. Baird's legal opinion regarding that Ordinance and passed the most critical ordinance the City had in years. Mr. Biddle stated that tonight would be another critical vote and the citizens will remember this vote. Council Member Wolfe stated he did not agree with Mr. Biddle and stated the easiest thing to do would be to keep Mr. Baird since it was obvious that ninety percent of the crowd feels that way. Mr. Wolfe stated this was first brought up January 7, 1999, and realized then that Mr. Baird did not have a contract with the City and had not had a contract with the City for about ten years. Council Member Biddle stated that City Manager Saunders explained that Mr. Baird was on a month-to-month basis and Council Member Wolfe stated he felt the City should have a City Attorney who was going to be there in two months. Mr. Wolfe stated that eighty percent of the Council agreed that the City should try to find the best City Attorney that it could afford. Mr. Biddle stated that the City, after advertising received many applications and the selection came down to Mr. Baird and Mr. Guthrie. Council Member Wolfe stated that the references for Mr. Guthrie were all great. Mr. Wolfe stated it was not personal and that the easiest thing to do would be to support Mr. Baird, but he could not in good conscience say that he felt Mr. Baird was the best selection for the Council. Council Member Wolfe stated that he votes the way he feels is in the best interest of the City. Mayor Turville requested that protesters from the Council Chambers please allow the Council Members to stated there opinions and discussions without interrupting them and getting disruptive. Council Member Wolfe stated Mr. Guthrie has a Masters Degree in urban planning; he has a law degree and has served many communities as City Attorney and while he did not CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 19 know him as well as Mr. Baird, his opinion was that the best selection for this City is Mr. Guthrie. Council Member Brown stated he had known Mr. Baird for a number of years, but had not worked closely with Mr. Baird until he became a City Council Member. Mr. Brown stated that he found Mr. Baird was easy to work with, was very cooperative and appears to give the City the right answers. Council Member Brown stated that he had a problem with the additional monies the City was going to have to pay for another attorney. Council Member Brown stated that even if Mr. Baird stayed on and raised his salary, considerably, Mr. Brown wondered if we could afford that and he would like someone to explain if the City can pay Mr. Guthrie what he is asking for. Mr. Brown stated he wondered whether the City was getting the "bang for the buck". Council Member Brown stated he did not like being put on the spot and he wanted to know for sure that there was no personal issues here. Mr. Brown stated he would like to hear once again why Mr. Baird is now inadequate and is not good enough to be the City attorney and stated he would like it said so that he can understand it. Mayor Turville stated he was the only one who voted against the motion to go and seek another attorney and the reason was because he knew what the City had and what it was paying for and there was no doubt in his mind that while there is always someone out there with a stronger resume in one form or another. The issue goes right to the money. Mayor Turville stated the City can find attorneys, including Mr. Guthrie, who are eminently qualified, however Mr. Guthrie's retainer, even if he does not work an additional hour, is $30,000.00 a year. Mayor Turville stated we are looking at double the cost without ever calling Mr. Guthrie once. He stated that is the reason he was not interested in just shopping around as there was always talent but it always comes with a price and he didn't believe the City had the kind of money to keep an "on board" expert. Council Member Lamb stated this was obviously not her party tonight and she was hesitant to say much because she felt for the last six months she had tried desperately to have her say about not just this issue but about the growth issue that the City faces which obviously has people lined up in different groups. Ms. Lamb stated that what scared her the most was that the City decided to replace an entire Council and she went to a lot of expense and time to make sure people knew where she stood on all the issues, and what CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 20 became disheartening was facing nearly 8,000 homes that were being built that were approved prior to this Council taking over. Council Member Lamb stated she looks out and sees the citizens that feel strongly for Mr. Baird and like the Mayor she was bom and raised in a small town and if it was one of her friends, she would probably feel the same way these people do. Council Member Lamb stated that for someone new to try and fight and do progressive things in this town is somewhat impossible. Ms. Lamb stated when she looks out and sees Dick Langley, Ken Norquist, Hal Turville, George Hovis, Bobby Pool and on and on and wonders why this City needs a Council. Ms. Lamb stated that if these people had all the answers, why does the City need new blood and why was the old Council changed to begin with. Council Member Lamb stated she wanted to look at a new attorney because from a legal aspect there are some people who are saying the City is going to be sued. Ms. Lamb stated almost everywhere she goes, whether the grocery store and everyone else, people point and stated they hear the City is going to be sued. Ms. Lamb said she has had lawyers point at her and say the City was going to be sued and the City's ordinances are illegal and now some of these same lawyers are saying we've got the best attorney. Ms. Lamb stated that she was confused on that. Council Member Lamb stated she tried to go out there and find the best that the City could afford, a man who has dropped his price, does not charge for travel time, and a man who most of the people in the State of Florida stated that ifa City is headed for a major growth spurt with legal issues popping up a day, this is the man who should be at your side. Council Member Lamb stated further that she wants everyone to look progressively because we have a lot of things ahead of us. Council Member Lamb stated she wanted the citizens to know and wants Council Member Brown to know that she did this because she believes in her heart that this is the right thing to do for Clermont and not because she did not like Mr. Baird personally, although there have been times when he scared her to death. Council Member Lamb stated she had her say and had her opportunity and that's what she asked of the Council and they have done that. Ms. Lamb stated that everyone had had their party and had their opportunity to have their say, so she was ready for this vote and she'd live with it. Mayor Turville called the Motion. Council Member Biddle made a motion to retain Mr. Baird as the Ci~ ,4ttorney, Mayor Turville seconded the motion and q7-/73 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 21 the Motion was denied by roll call vote. (Council Members Lamb, Wolfe and Brown against). Mayor Turville stated the Council now needed to review the proposed rate structure from Frank Kruppenbacher, P. A. City Manager Saunders stated that he had forwarded to the Council the outline of the fee Attorney Guthrie is willing to work for, which is $2,500 per month retainer and $115.00 per hour for any work done in addition to twenty two hours on a monthly basis. Mr. Saunders stated Mr. Guthrie had called in the afternoon and apologized for not being able to be present at the Council Meeting. Mayor Turville stated since Mr. Baird is working on several things for the City, his suggestion was to have an "effective date" for the change of attorneys. City Manager Saunders stated that as a form of order, from the time of the vote, the City does not have legal counsel, and his recommendation to Council was to hire legal counsel as soon as possible. A motion was made by Council Member Wolfe that the City hire Frank Kruppenbacher, P.A., based on the proposed fee schedule provided by that firm, for a period of six months at which time a review will be heM, with the effective date beginning at the earliest possible time a contract can be brought before the Council Members for review and approval, Council Member Lamb seconded the motion and the motion was approved by roll call vote. (Council Members Biddle and Turville against). Mr. Baird then asked Mayor Turville if he could be excused. City Manager Saunders stated he wanted to publicly thank Mr. Baird for all of the many years of service. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 22 Hancock Road Recreation Area City Manager Saunders stated that the Parks and Recreation Committee voted unanimously to apply for a grant from the South Lake County Community Foundation for a softball field at the Hancock Recreation Area. Mr. Saunders stated there was money in this year's budget to begin the project and they have requested grant money from Lake County and the State of Florida, and would like to request money for this field in the next grant cycle from South Lake Community Foundation. Council Member Biddle made a motion that the Ci~ a.~oly for ct grant from the South Lake Communi~. Foundation for the construction ora softball fieM at the Hancock Road Recreation Area, Council Member Wolfe seconded, and the motion was unanimous(v a.~vroved. Florida League of Cities City Manager Saunders stated that the City needs to designate one person to be our voting delegate at the 73rd Annual Conference of the Florida League of Cities on August 19, 1999. Mr. Saunders explained that this delegate will be involved in decisions that will determine the direction of the League in the upcoming year. Council Member Wolfe made a motion: seconded by Council Member Brown, and it was unanimously approved, that the Ci~ 's current delegate to the Lake Coun~ Lea~tnte of Cities, Hope Lamb. be designated as the Ci~, 's voting delegate at the 73rd Annual Conference of the Florida Leaeue of Cities. Council Member Lamb stated that she had already submitted her application and paid her fee although she is aware that the City will pay that fee. Interlocal Agreement CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 22, 1999 Page 23 City Manager stated that for several years the City has entered into Inteflocal Agreements with Lake County in order to be eligible for State grant funds to help with our recycling program and in the past has received approximately $9,000.00 from this Grant Program. Mr. Saunders stated the City is requesting approval of this year's Recycling Grant Interlocal Agreement. Council Member Wol~fe made a motion, Council Member Lamb seconded and it was unanimous(v approved, that the Ciw. enter into an Interlocal Agreement with Lake CounW. in order to be el~ible for the State Recycling Grant. Citizens' Comments Dick Teagan of Kings Ridge stated that he takes real exception to being called a "crowd" by Council Member Wolfe. Mr. Teagan stated that the people at the council meeting were taxpayers and prefer to be called that and not a "crowd". Mr. Teagan stated that he was disappointed to see this Council make decisions to spend a lot more money not based on valid reasons. Charlene Forth stated that the cars for sale in the lot across from the Dunkin' Donut on Highway 50 looked bad and asked that the City do something to have their owners remove them. There being no further business or discussion, the meeting adjourned at 10:30 p.m. Attest: ~r. Mayor Joseph E. ~