08-14-2001 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
AUGUST 14, 2001
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, August 14, 2001 at
Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following
Council Members present: Council Members Biddle, Mullins and Renick. Other City officials present
were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk
Studdard.
Mayor Turville stated that Council Member MacLauchlin would not be present due to illness.
INVOCATION
The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of
Allegiance to the Flag by all present.
MINUTES
A motion was made by Council Member Biddle, seconded by Council Member
Mullins, and carried unanimously to approve the minutes of the Regular Council
Meeting held Jul)~ 24, 2001. ,
REPORTS
City Manager Saunders' Report
City Manager Saunders read a report regarding the Police Department.
City Attorney Guthrie's Report
City Attorney Guthrie explained that City Staff and Council Members cannot respond to media
questions regarding ongoing investigations in the Police Department due to Florida Statute,
Chapteis 112 & 119, which limits disclosure of investigations of police officers.
City Attorney Guthrie then stated that there is a current code enforcement issue regarding Gerald
Jones. He stated that Mr. Jones has served the City with a petition using a relatively new provision
of the law called the Land Use and Environmental Dispute resolution process because he is unhappy
with a code enforcement action taken against him. Mr. Guthrie recommended that he and Staff meet
with Mr. Jones' attorney to attempt to resolve the issue and if that is not possible then they can work
with Mr. Jones' attorney to appoint a mediator.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Mayor Turville's Report
Mayor Turville stated that he has recently met with Minneola Mayor Balanoff regarding Joint
Comprehensive Planning and that they have agreed to have both cities meet to discuss common issues.
Mayor Turville then suggested to the Council that he and the City Manager should meet prior to
advertising agenda items for City Council meetings to determine how much can be accommodated at
each meeting due to the recent problem of meetings running late into the night, and that he would also
like to meet with City Manager Saunders to create a policy allowing lengthy agenda items to be heard at
an additional meeting each month.
It was the consensus of the City Council to do so.
NO OTHER REPORTS
CONSENT AGENDA
Mayor Turville stated that Item #8 of the Consent Agenda needs to be tabled for further changes.
Mayor Turville read the remainder of the Consent Agenda and asked if anyone wished any item to be
pulled for discussion:
Item I - Bid Award
2001 Street Tree Maintenance Bid
Item 2 - Amendment-Boyle Engineering
Amendment No. 1 to Agreement for
Engineering Services for East Wastewater
Treatment Facility Expansion
Item 3 - Change Order-Gibbs & Register
Desoto Street Drainage Improvements
'Item 4 - Mutual Aid Agreement
Approval of Combined Voluntary Cooperation
and Operational Assistance Mutual Aid
Agreement
Item 5- YMCA Dance Schedule Approval
Approval of Fall/Winter Dance Schedule
to be held at Jenkins Auditorium
Item 6 - Fire Station #2 Closeout
Approval
Item 7 - Final Plat Approval College Park Phase I
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Item 9 - Final Plat Approval
Sussex at Kings Ridge
Council Member Renick stated she did not wish to pull any particular item for discussion, but that
she would like to discuss final plat approvals. She stated that she feels that the City Council is being
put into a position to approve plats on a routine basis, but that she understood there is no other
option.
City Attorney Guthrie stated that is correct, that if a plat meets the standard requirements for plats
and zoning regulations the City really has no other option.
Discussion followed regarding the responsibility to ensure that these plats are correct.
City Attorney Guthrie stated that the City's responsibility lies in making sure that the surveyor and
review surveyor have signed off on plats and that the City should continue with its current
procedure.
A motion was made by Council Member Mullins, seconded by Council
Member Biddle, and carried unanimously to approve Items One
Through Seven and Item No. Nine qf the Consent Agenda.
A motion was made bp Council Member Mullins, seconded by Council
Member Biddle, and carried unanimously to table Item No. Eight of the
Consent Agenda.
UNFINISHED BUSINESS
Mayor Turville stated that a letter had been received from Mr. Crawford of Gray, Harris, Robinson,
Hovis, Boyette & Crawford requesting that the next two agenda items be postponed.
Mayor Turville asked if there was anyone present to speak regarding this issue.
None spoke.
Developer's Agreement
A motion was made by Council Member Biddle, seconded by Council
Member Mullins and carried unanimously to table the Developer's
Agreement until the City Council meeting of August 28, 2001 (time certain).
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Ordinance No. 427-M - Final Reading
,4 motion was made by Council Member Biddle, seconded bv Council
Member Mullins and carried unanimously to table Ordinance No. 427-M
until the City Council meeting o_f August 28, 2001 (time certain).
Clermont Historical Society - Lease Agreement
Mayor Turville stated that the City has received a request to table this item as well.
City Manager Saunders stated that the City has met with the Historical Society regarding this issue
and that Mr. Rick McCoy has donated his time to prepare a conceptual site plan of the second site
discussed. He stated that the Society's request for postponement is to allow them an opportunity to
review this plan and that the City Council will receive this information prior to the next City
Council meeting.
A motion was made bP Council Member Mullins, seconded by Council
Member Biddle, and carried unanimously to table the Clermont Historical
Society Agreement to the City Council meeting o_f August 28, 2001.
Ordinance No. 432-M - Final Hearing
Mayor Turville read the ordinance by title only.
City Manager Saunders proposed adding a condition stating that this ordinance be effective after
the dedication of right-of-way for Citrus Tower Boulevard south of Johns Lake Road as
described in the Planned Unit Development (PUD).
City Attorney Guthrie stated the condition could be added making the ordinance effective upon
execution of the dedication as City Manager Saunders stated.
Cecilia Bonifay, attorney for applicant, stated the applicant would agree to the dedication for
Citrus Tower Boulevard upon approval of the multi-family adjacent to Tract 'G'.
City Manager Saunders stated the approval for this multi-family was given in the PUD.
Cecilia Bonifay then stated reasons for the current request.
Mayor Turville asked if anyone else wished to speak on this issue.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
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A motion was made by Council Member Mullins, seconded by
Council Member Biddle, and carried unanimously by roll call vote
to adopt Ordinance No. 432-M, as amended.
VISITORS WITH BUSINESS
Lost Lake Reserve - Discussion
City Manager S aunders gave a summary of the project and stated that the purpose of this discussion
is to determine if there is consensus among the City Council to move forward with the developer's
request for a Community Development District (CDD) for the property known as Lost Lake Reserve
located south on Highway 27, just north of the King's Ridge development.
Cecilia Bonifay, attorney for the applicant/developer, spoke regarding the request. She stated that a
CDD of less than 1,000 acres is decided solely by the local government in that jurisdiction. She
stated that the City Council has seemed hesitant at earlier meetings to go forward with
advertisement for this request and that the developer would like to discuss issues in order to
determine if they can move forward at this time. Ms. Bonifay then spoke regarding the CDD being a
financial tool to provide funds for the roads to be built faster than without it, and spoke regarding
the County's desire to have Steve's Road be 4-lane but not being forthcoming with funding for that
to occur. She then asked the City Council if there were any questions and asked for the request for
CDD to be placed on a future agenda. She also briefly addressed the Inter-Local Agreement that had
been provided to the City Council.
Mayor Turville asked if anyone wished to speak regarding this issue.
Steve Davenport, 8540 Cathedral Lane, spoke on behalf of First Christian Church in support of this
request due to their need for Citrus Tower Boulevard.
Frank Caputo, 3917 Scarborough Court, spoke in support of the request.
Bob Stroble, 3813 Scarborough Court, spoke regarding differences between roads being built with
and without the CDD.
Mayor Turville asked what portion of the assessments would be passed to the homeowners.
Ms. Bonifay stated the developer would use short-term bonds and pay the debt.
Mayor Turville stated that a Community Development District is basically a City within a City and
that they are typically very difficult to work with for its residents and the City. He further stated that
the City would be unable to force the Board of the CDD to honor the Inter-Local Agreement.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Ms. Bonifay stated that the initial CDD Board would be appointed by the developer.
Harry Lerner of WestShore Development Group, the developer of Lost Lake Reserve, stated that the
CDD would provide funds to get the roads built but would not place assessments on the
homeowners.
Mayor Turville stated that the law gives the CDD Board the power of control of the community. He
asked Mr. Lerner whose money would retire the bond debt.
Mr. Lerner stated the developer would repay the debt from sales and would also pay the interest
between sales.
Mayor Turville asked what the advantage is of a CDD if the debt is not passed to the residents.
Mr. Lerner stated the advantages are the interest rates and the length of the loan.
Council Member Mullins asked who would own and maintain the streets after the community is
complete and who would pay for landscaping maintenance.
Mr. Lerner stated the park would be dedicated to and maintained by the City, Citrus Tower
Boulevard would be owned by the County and maintained by the City, Steve's Road would be the
same and the landscaping maintained by the CDD or Homeowners' Association.
Council Member Mullins asked if the residents would pay a monthly fee.
Mr. Lerner stated there would be a fee comparable to the homeowners' fee paid in any other
community.
Council Member Renick pointed out that the report provided to the City Council states that the
Petitioner only contemplates issuing only short-term bonds.
Ms. Bonifay stated that the language would be changed from 'contemplates to 'will issue'.
Council Member Renick stated she had understood that Citrus Tower Boulevard, Steve's Road and
then the park would be the items paid for, but that others had been added.
Mr. Lerner stated they did add the significant cost for the linear park and that their financial advisors
had suggested the additions to get some size and magnitude for the bonds.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Council Member Renick asked if the CDD Board could pass the short-term bond debt to the
homeowners if the developer cannot repay it.
Mr. Lerner stated that the bond debt cannot be reassessed based on Florida Statutes regarding 'A'
Bonds and stated that the amount initially set for homeowners cannot be changed.
Mayor Turville asked who would be responsible for repayment of that debt if the developer cannot
repay it.
Mr. Lerner stated it is no different than bank debt, there would be foreclosure of the unsold lots by
the bondholders.
Discussion followed regarding financing for the project.
Council Member Mullins then stated that the purpose of tonight's discussion was to determine if
there was a consensus to place this request on a future agenda.
Mayor Turville stated he did not wish to have a City with a governing body of its own within this
City.
Council Member Mullins asked if it is legal to convert a CDD to a HOA at some point.
Mr. Lerner stated he would find out and provide comparisons between CDDs and HOAs at the
hearing for this request.
Mayor Turville stated there are County funds available to build the roads necessary.
Ms. Bonifay stated it would require County approval and that the information given to her is that the
building of these roads is not a priority for the County.
City Manager Saunders stated that Mr. Fred Schneider of the County had stated that he felt the
funding would be available and that the South Lake connection is their first priority in south Lake
County and that this would be an extension.
Council Member Mullins stated he would like to get a firm answer as to what the County will do
and asked if the City Council should go forward with the request in order to find out.
City Manager Saunders stated the developer could attempt to provide an agreement with the County
for funding.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Gerald Smith, Chairman of the Lake County School Board, 706 Sunset Cove, encouraged going
forward with this project and spoke regarding CDDs versus HOAs.
A motion was made bp Council Member Mullins, seconded bP bi Council
Member Biddle, and died by a vote qf two to two to move forward with advertising
for a public hearing_for this request_for CDD, with Mayor Turville and Council
Member Renick being the opposing votes.
Council Member Renick stated this request could be tabled until after a workshop could be held
with the County in order to obtain answers to questions.
Council Member Biddle stated it is important to have this workshop with the County in order to
prevent the CDD if it is not necessary for the road construction.
A motion was made by Council Member Biddle, seconded by by Council
Member Mullins, and carried unanimously to table this request to allow
the City Council time to have a workshop meeting with the County prior
to hearing this request.
Variance Request - Cambridge Homes
City Manager Saunders recommended postponement of this request until the next City Council
meeting in order to obtain more information.
A motion was made by Council Member Biddle, seconded bP Council
Member Mullins, and carried unanimously to table the variance
request until the City Council meeting o_f August 28, 2001.
Hollis Engineering - Request for Water Services
City Manager Saunders stated that this request is for the new Clermont Baptist Church site on
Old 50 just west of the Arrowhead subdivision. He stated that the City currently is serving the
site just west of this site, which was a part of the Greater system that the City inherited. He
further stated that this would be a relatively small user. City Manager Saunders stated that Staff
recommends providing potable water to this site but not irrigation water.
Council Member Renick stated that while she understands the City's recommendation for
potable water only she felt it would be better to serve both potable and irrigation as originally
requested in order to better keep track of water usage.
Mayor Turville asked if anyone would like to speak regarding this issue.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
AUGUST 14, 2001
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Bob Warner, 8170 Cherry Lake Road, representative of Clermont Baptist Church, the applicant,
spoke regarding the project in relation to water services.
City Manager Saunders stated the recommendation to provide potable water only has been
customary with larger projects in the recent past in order to avoid using the City's allocation of
potable water for irrigation purposes.
Council Member Renick stated she understood that commercial projects had been required to
provide their own irrigation wells in the past but that she had been uncomfortable with that for
some time and felt the City could keep a better watch on water consumption by supplying all
sources.
A motion was made bY Council Member Renick, seconded by Council
Member Biddle, and carried unanimously to approve the request to provide
water to the Clermont Baptist Church site as requested.
NEW BUSINESS
Construction Manager Selection
City Manager Saunders stated that last month's request for proposals for a Construction Manager for the
new City Hall had resulted in ten responses and that the appointed Review Committee had interviewed
three of the ten firms. He stated that the Committee is now recommending PPI Construction
Management as the first choice for this project. He stated that they are very qualified to perform this
service and are currently working in this area providing services to the University of Central Florida
project. He then listed some of the tasks the firm would handle for the City and requested that the City
Council authorize Staff and the City Attorney to negotiate a contract that would not exceed the
proposed amount of $166,000.00.
John Carlson, President of PPI Construction Management, introduced Mr. Mark Gordon, who would be
the actual construction manager for the project. Mr. Carlson spoke regarding the history of the company
and stated they were happy for this opportunity.
Discussion followed regarding Mr. Gordon's qualifications.
A motion was made by Council Member Biddle, seconded by Council Member
Mullins, and carried unanimously to authorize Staff and City Attorney to enter
into contract with PPI Construction Management_for services as Construction
Manager for new City Hall, not to exceed the proposed amount of $166,000.00.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
Page 10
Florida League of Cities - Appointment of Delegate
City Manager Saunders stated that this is appointment of a delegate is for the Florida League of Cities
Annual Business Meeting. Council Member Renick stated she is planning to attend some meetings at
the conference but is not planning to be there to vote.
It was the consensus of the City Council to extend the authority of the City's vote to Council Member
Renick if she chooses to attend.
A motion was made by Council Member Mullins, seconded bY Council Member
Biddle, and carried unanimousl_¥ to extend the authori~_ of the CitF to Council
Member Renick as its voting delegate at the Florida League of Cities
Annual Business Meeting.
Mayor Turville asked if anyone wished to speak to the City Council on any other issues.
Abraham Torres, 2007 Crestridge Drive, spoke regarding the new tiered water rate structure and asked
if the City will be lowering the rates of the east side.
Mayor Turville stated that the City is compiling data in order to determine if the east and west rate
structures can be equalized. He stated that it is difficult to determine right now due to the recent rainfall
and conservation efforts. He stated that the west system may be in need of repairs soon, which would
increase the rates as well. He further stated that it would require a minimum of three months to reach
this determination and that the tiered rate system itself would remain in place.
Discussion followed regarding the new rate system.
Mayor Turville requested that Staff advise Mr. Torres when this item is placed on a future agenda.
Sterling Frye, 1647 First Street, requested an update of the Center Lake project.
City Manager Saunders stated that the recent rains have slowed the project and that last week the St.
Johns River Water Management District had effectively shut down the project by stating that
dewatering cannot take place within 24 hours of a rain event. He stated that at this point the project
would probably be on hold for at least a month due to this situation.
Mr. Frye asked if Sunset Lake is the only lake the water is being pumped to.
City Manager Saunders stated that Sunset Lake is the primary site with two alternates being discussed.
He stated that the City Engineer is looking at other alternatives as well.
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, Page 11
Charlene Forth, 939 W. Desoto Street, spoke regarding recent and past issues within the Police
Department.
Peggy Weatherbee, 2120 The Crescent, spoke regarding past issues within the Police Department.
Tim Hollenbeck, 1120 Minneola Avenue, spoke regarding Officer Kim Green's taking of his sign, the
resulting apology letter and Officer Green's record.
Delinda Green spoke regarding Lieutenant Cheatam and her husband's employment and regarding press
items.
Maurice Eubanks, 611 5th Street, spoke regarding Officers Kaplan, Wells, and Mullan and police
harassment.
Wayne Weatherbee, 899 Montrose Street, spoke regarding his history of problems with the Police
Department as well as the parking issue in front of his place of business.
Andrew Auld spoke regarding internal problems within the Police Department.
Crystal Mooney, 1120 Minneola Avenue, spoke regarding the Police Department's harassment of the
Hollenbeck family.
Rodney Lyons, 173 Broome Street, spoke regarding the Code Enfomement notice he received due to his
inability to mow an area of his property because there are clippings from the daycare next door as well
as construction debris on his property. He stated that Public Services cannot give him a date when this
can be picked up and he does not wish to pay fines, therefore he requested that the City Council let him
know when he can expect it to be picked up.
Carl Caples, Montverde, FL, spoke regarding his termination and his belief that the appeals process was
not adequate.
Esther Dory, 670 Disston Avenue, spoke regarding her son's arrest and the circumstances surrounding
it.
Roy Osteen, spoke regarding son being fired at Police Department.
Jerry Suntag, 9903 Jacaranda Street, stated he was arrested by Lieutenant Cheatam and that he and the
Police Chief had intimidated him.
Linda Charlton spoke regarding letters sent to the City Council and provided copies of one for the
record.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 14, 2001
Page 12
Council Member Renick stated she had received a suggestion that an independent investigation be
conducted by an outside agency in order to clear all allegations.
Mrs. Wilkerson spoke regarding a No Trespass Order being given to her husband for improper softball
field use.
There being no further business, the meeting was adjourned at 10:45 p.m.
Attest:
Jos~E. V~erk