01.25.2022 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
CALL TO ORDER
The City Council met in a regular meeting on Tuesday, January 25, 2022 in the Clermont City Council
Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members
present: Council Members Pines, Entsuah, Bates, and Purvis.
Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chaplain Jeff Barnes followed by the Pledge of Allegiance.
PRESENTATIONS
Class Presentation of MLK Speech
In honor of Martin Luther King, Jr. Day, Mayor Murry introduced a group of students to recite the "I
Have a Dream" speech given by Dr. Martin Luther King, Jr.
PROCLAMATION
Mayor Murry read a short statement recognizing Florida Arbor Day in Clermont.
OPENING COMMENTS
City Manager Bulthuis informed the Council that there were some changes to the agenda.
Item No. 10 — Ordinance No. 2021-032
City Manager Bulthuis informed the Council that this item was being withdrawn by the applicant.
Item No. 12 — Citizen Request
City Manager Bulthuis informed the Council that this item was being moved to the February 8, 2022
meeting.
PUBLIC COMMENTS
James Nelson, 1300 Cabin Creek, Minneola — Requested that Bloxam Avenue be officially renamed to Dr.
Martin Luther King, Jr. Boulevard.
Curt Shill, 455 W Desoto Street, Clermont — Requested that Bloxam Avenue be officially renamed to Dr.
Martin Luther King, Jr. Boulevard.
Stanley Lang, 302 Sierra Drive, Groveland — Requested the establishment of an advisory board for
Veterans.
James McGrith, 570 Huron Street, Clermont —Thanked city council and staff for support of his motorcycle
club.
Dani Page, Inside Clermont — Expressed disappointment with the Council and their decision with Lilly's
on the Lake.
Les Allier, 3436 Lost Leaf Lane, Clermont — Asked questions about the status of Lilly's on the Lake.
City of Clermont
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REGULAR COUNCIL MEETING
January 25, 2022
City Manager Bulthuis responded to Mr. Allier that based on the City Council's actions taken on January
24, 2022, Lilly's on the Lake can do no special events for one (1) year. They cannot have any live music
inside or outside. After one (1) year, they can approach the city to amend the existing CUP or just apply for
special events.
James Hobby, Clermont — Talked about a skate park. He has 1,467 signatures requesting Clermont build a
skate park.
City Manager Bulthuis informed the Council this is a budget item, and is not contained in the current fiscal
year budget. Staff has been looking at costs per the Council's direction. When the Council meets later in
the year to talk about the budget, they can decide if a skate park is affordable and something they want in
the budget.
Charlene Forth, 939 W. Desoto Street, Clermont — Expressed displeasure with the vote from January 24,
2022 regarding Lilly's on the Lake. She informed the Council that she will return in February.
City Attorney Mantzaris reminded the Council that there is a level of decorum established in their rules of
procedure and it is up to them to make sure that they are followed by the public speakers.
REPORTS
LAKE COUNTY BOARD
Lake County Board Chair Sean Parks
- Reported that County Commission asked FDOT to conduct a safety study to evaluate the
intersections by Kings Ridge and Legends.
- Has spoken with the Sheriff's Office about increasing enforcement for speeding and driver safety,
but they are very busy responding to calls. Asking the Clermont Police Department to assist with
enforcement along US27 and SR50. Proposed the hiring of a partnership position between the City
and County that will do nothing by traffic enforcement and write tickets. He wants to be clear that
he knows the Clermont Police and Sheriff's Office do enforcement now, but he also realizes that
they may not have the manpower to do it all at once.
- The County did a mid -year budget adjustment and reserves are at 22%.
- Changed the model on how the County handles economic prosperity. They are proposing a new
public -private partnership called LEAD (Lake, Economic, Area, Development). This partnership
would supplement the work of Elevate Lake.
- On February 7, there will be a discussion to create a Joint Planning Area (JPA) to address growth,
potential schools, and conservation strategy. This will all help protect our quality of life.
Council Member Purvis thanked Chairman Parks for his assistance with regards to US27. They have
developed a strategy and will be stressing their needs to the state in a new way.
CITY MANAGER REPORT
City Manager Bulthuis
Invited Deputy Chief Grazcyk to speak on behalf of Chief Broadway and on the activities they are
implementing with regards to traffic.
o Deputy Chief Grazcyk informed the Council that the Clermont Police Department has
initiated the following activities:
■ An effort to inform the public on the dangers of speeding.
■ Using directed patrols to conduct speeding violations on SR50 and US27.
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■ Working with local high schools to educate about distracted driving.
■ Social media implementation of #safetychampion.
- Informed the Council they have reached out to FDOT regarding the area on US27 by Kings Ridge.
FDOT replied they did a study in the previous year; results of the study are still pending.
Union Contract approval is up for consideration by the Council. Thanked Human Resources
Director Nadine Ohlinger for her hard work. Thanked Union Representatives Chris Martin, Kris
Kruse, Dennis Hall and Sanjay Nupalm from the Union.
- Introduced to the Council the new Public Information Officer, Laurie Windham.
Recognized Parks and Recreation staff for winning the Best of South Lake Award for "Best Event
to Attend" Light Up Clermont.
Informed the Council that they will be having a workshop on February 15 to discuss the
Comprehensive Plan update and amendments. They will be meeting with the East Central Florida
Planning Council. Informed the Council that instead of going out to a private contractor for RFP,
they can contract with the planning council.
- The next Council meeting is scheduled for February 8, 2022.
- Requested Council extend a temporary permit for a Covid testing site. Asked Deputy City Manager
Scott Davidoff to speak further on the issue.
o Deputy City Manager Davidoff informed the Council that a group is putting up a 20x60
tent for testing over by Dunkin Donuts and they are asking to continue use of the space
until March 31, 2022. Per the City Code, the request requires Council Approval.
MOTION TO APPROVE thepen-nit extension request for the Covid testing facility until March
31 2022 made by Council Member Purvis. Seconded by Council Member Bates. Passed
unanimously 5 to 0 with all members present voicing aye.
Regarding the speeding issues, Mayor Murry stated he knows that Clermont Police Department is doing
what they can. After speaking with the Chief and Deputy Chief, he learned that officers are already writing
more than 400 tickets per month on average.
CITY ATTORNEY REPORT
City Attorney Mantzaris
Provided Council a draft of a proposed letter for consideration. He informed the Council that the
City Attorney's Office will be presenting them letters regarding legislation over the next few
meetings.
Informed the Council there is a bill entitled Business Damages against local government
SB620/HB69. Essentially this would allow a business to claim damages by the City if the City
passes an ordinance that results in a loss of revenue for the business. The bill does not take into
account a number of factors including if an ordinance's passage was in the best interest of the
community. This is an invasion of the City's home rule authority. Asked for direction from the
Council as to whether or not to send the letter.
o The Mayor and the Council provided their support for sending the letter.
In regards to legislation letters, Mayor Murry asked the City Attorney's office to consider SB280 as well.
CITY COUNCIL REPORT
Council Member Bates — No report.
Council Member Purvis — No report.
City of Clermont
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REGULAR COUNCIL MEETING
January 25, 2022
Council Member Entsuah —
• Thanked staff and all that put on the MLK parade. Had a great time at the event afterwards.
• Attended weekend Farmers Market. Invited the public to support local events.
Council Member Pines —
• Thoroughly enjoyed being part of the MLK parade at Waterfront Park. It is getting larger and
participation is growing. It is a great way to honor him.
• She expressed concerns that a full Council was not present.
MOTION TO RECONSIDER the Lilly's on the Lake CUP vote made at the s ecial meeting held
Januga 24 2022 and hold a new hearing with a full Council made by Council Member Pines,• Seconded
by Council Member Entsuah. Motion fails 2/3 with Council Members Purvis Entsuah and Mayo
Murry opposed.
Council Member Bates stated that he did not attend. He stated that he does not have full details, but is aware
of three (3) issues involving outdoor entertainment, sexually explicit activities and other code violations.
He is unaware of the number of code violations, but if someone lets him know what the code issues are he
would be in support of the motion. He has an ongoing concern though, if the code issues are not being
addressed.
Council Member Entsuah stated there were at least eight (8) violations.
Council Member Pines stated there were only four (4) members present. They ultimately had a tie vote
which led to a stalemate. She expressed great concern about the safety of the citizens, especially if the CUP
was left wide open to do what the respondent wanted. Council Member Pines stated that it was for this
reason that she compromised her position to make sure that Lilly's did not have a carte blanch CUP. She
continued that she feels that it was not fair to her convictions and how she felt about it. She stated that had
all five (5) members been present the direction of the Council would have been clearer. She continued that
she is aware that it is time consuming and for a lot of people it may have been a waste of time, but it is a
very serious situation and all five (5) Council members should have been in that meeting.
Council Member Bates asked staff to provide a brief overview of the code violations.
City Manager Bulthuis stated that the biggest code violation was the event with the male review and that
was an issue because the CUP requires that all special events be held outside, and that specific event was
moved inside. He explained that the reason everything had to be outside was because when the building
was built, they needed to add additional fire safety and suppression systems. The City issued a letter stating
that due to lack of the required fire safety systems, they would be locked into a table layout which could
not be moved. Also, they would not be able to have live music or special events inside.
With regards to the event on November 30, 2021 when the moved the event from outside to inside, that was
a violation. The second violation was in regards to the extent of the program and nudity. The third violation
is that they blocked fire doors and had fire issues going on. There were multiple violations that night and
that was the basis of what staff viewed and saw that evening.
There was also an event the following week that went past 10:00 pm. The event went to 10:30 pm and had
additional fire code violations.
City Attorney Mantzaris asked to follow-up on the City Manager's comments. He informed the Council
that last night's matters were contained in a charging document, and all the code violations presented were
related to those two events. There were no ongoing code violations considered. The action was taken on
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those two events and the violations that occurred. There was discussion on other ongoing issues, and those
items are still being reviewed and could potentially move through code enforcement.
City Manager Bulthuis stated that the City will be doing a review of the property based on concerns heard
at the special meeting to see if there are fire issues in relation to how they are operating normally. This will
be handled separately. He reminded the Council that they did unanimously find that Lilly's was in violation
of their CUP. Then what was discussed were the ramification of that violation. Option 1 was to pull the
CUP completely, and Option 2 was to modify the existing CUP. The majority of the Council voted for
Option 2 last night. This limited Lilly's to a restaurant only as defined in the zoning codes. They would not
be able to have any special events or any live music. He informed the Council that if they installed the fire
suppression system they would be able to move chairs and tables and have music inside the facility.
Council Member Purvis also explained the sequence of the events to Council Member Bates. He informed
him that he made the decision to punish the owner by eliminating their ability to have any special events
outside. In the future, any special event they would want to have would have to come back to the Council
for approval. At the suggestion of Council Member Pines, he stated that he amended his motion to provide
a 12 month time frame. This essentially puts Lilly's out of the entertainment business.
Mayor Murry informed Council Member Bates that there was a motion to revoke the CUP and Certificate
of Occupancy but the vote was tied 2/2 and so the motion failed.
Council Member Pines stated that the vote to amend the CUP also failed 2/2 once before the motion was
considered again.
Council Member Bates acknowledged that a vote was taken the prior evening and he was leaning towards
honoring that, however he is concerned about ongoing violations.
City Attorney Mantzaris stated that city staff does fire inspections on every business. If they hear about a
potential event, they are going to go check it out.
Mayor Murry asked if the Fire Marshall walked into a facility and found a violation, would they have the
authority to shut the facility down. City Attorney Mantzaris answered yes, however that can be difficult
when you have individuals that have come to an event and paid money.
City Manager Bulthuis informed the Council that they will be watching Lilly's over the next year.
City Attorney Mantzaris clarified for the Council that suspension of outdoor events and other changes made
to the CUP is not the part that is limited to one (1) year. The CUP will not automatically change at the end
of that time frame. The changes made by the Council are permanent until such time as the respondent
chooses to come to the Council and apply to amend the CUP.
Council Member Bates asked for clarification as to what operating as a restaurant means. City Attorney
Mantzaris stated that operations are limited to the definition in the city's zoning code table of uses.
Council Member Purvis stated the choice was between hurting the business owner's income and eliminating
forty (40) employment positions within the community; he chose to keep the forty (40) jobs.
Council Member Pines stated that she chose to protect the safety of Clermont's citizens in an establishment
who locked and blocked doorways.
Mayor Murry —
• Asked for a status update on the Code Enforcement Board
• Asked for a status update about a helicopter flying in a residential area
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• Outstanding job on MLK Day Parade. It was the 31d year and had a great turnout.
• Request to rename Bloxam Ave to MLK Blvd.
In regards to the Code Enforcement Board, City Manager Bulthuis informed the Council that an ordinance
is drafted and will be forthcoming at the next meeting.
Council Member Purvis asked at what point the City advertises for volunteers. City Manager Bulthuis stated
that the City will advertise after first reading.
In regards to the helicopter, the FAA supersedes the City's jurisdiction with regards to flying, landing, and
taking off. The City does have the ability to prohibit that activity and are exploring other ordinances that
have been adopted by communities.
Mayor Murry stated that there were opposing views regarding the renaming of Bloxam Avenue.
Council Member Bates stated that it had a lot to with the Bloxam name and the history behind it.
Council Member Pines reminded the Council that businesses and people did not want the change and the
expenses that went with it.
Mayor Murry stated that there is only one business on the street and there is no expense to residents. He
has been working on this since 2012.
Council Member Purvis stated the Council has done all the Council can do within the limits of its ability;
it would be nice to have an official MLK Blvd., but if this has not worked in the past, he does not see any
value in trying to do it again.
CONSENT AGENDA
Mayor Murry advised the next item on the Agenda for consideration was the Consent Agenda and requested
anyone wishing to have any item pulled for discussion to please come forward at this time.
Item No. 1— Piggyback City of Ormond Beach Consider piggyback contract with National
Contract Metering Services, Inc. for installation of water
meters and check valves.
Item No. 2 — Piggyback Hillsborough County Consider piggyback contract with National
Contract Metering Services, Inc. for installation of water
meters and check valves.
Item No. 3 — Piggyback Martin County Contract
and Budget Amendment
Item No. 4 — Task Order Approval
Consider piggyback contract with Raftelis
Financial Consultants, Inc for Utility Rate and
Financial Consulting Services for a water and
wastewater revenue sufficiency study first task
order in the estimated amount not to exceed
$55,000 and budget amendment to the water and
sewer fund.
Consider task order with HALFF Civil Engineering
to evaluate the condition of all city -maintained
roads in the budgeted amount of $66,800 with
funding from the infrastructure fund.
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Item No. 5 — Bid Award & Budget Amendment
Consider bid award to Westbrook Service
Corporation to provide replacement of two (2)
HVAC units at City Hall Council Chambers, install
ionization bars to five (5) units at City Hall and
provide annual maintenance to five (5) units in the
total amount of $52,973 and a budget amendment
in the amount of $3,575 to the Infrastructure Fund.
Item No. 6 — Collective Bargaining Agreement and Consider the Collective Bargaining Agreement
Budget Amendment with the International Union of Police Associations,
AFL-CIO Clermont Police Officers Local 6013 and
Sergeants Local 6014 and a General Fund budget
amendment in the amount of $92,000.
Item No. 7 — Resolution No. 2022-002 Consider requesting the Florida Department of
Transportation to do an Intersection Control
Evaluation.
Council Member Bates asked for Item No. 7 to be pulled. Council Member Purvis asked for Item No. 2.
MOTION TO APPROVE the consent agenda items 1,3 4, 5 and 6 for January 25 2022 made b
Council Member Bates,• Seconded by Council Member Pines. Passed unanimously 5 to 0 with all
members present voicing ave.
ITEM NO. 2
Council Member Purvis stated when the self -reading meters were installed, he recalled city staff installing
them. He asked why the City is now paying for a third party to provide that service.
Public Services Director Stoney Brunson responded that the wording for the contract gives the Public
Services department flexibility in the case they are short staffed during the installation period. If he has
multiple workers out and has a deadline, he needs to have backup resources in place to accomplish the task.
City Manager Bulthuis how short the department is at the moment. Director Brunson stated that they are
short by seven (7) positions at the moment.
MOTION TO APPROVE consent agenda item no. 2 made by Council Member Bates,• Seconded
by Council Member Entsuah. Passed unanimously 5 to 0 with all members present voicing aye.
ITEM NO. 7
Council Member Bates asked about whether this is a compliment or conflict with the County's efforts. City
Manager Bulthuis stated that it was in tandem. He further stated that they are working with the County and
everyone to coordinate their efforts.
Council Member Bates stated that there is a petition among the residents to have this addressed.
MOTION TO APPROVE consent agenda item no. 7 made by Council Member Bates: Seconded
by Council Member Purvis. Passed unanimously with all members present voicing aye.
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UNFINISHED BUSINESS
Prior to hearing Items No. 8 & 9, the Council was informed that they would be presented by staff together
after Clerk Howe read them into the record. The votes would need to be separate and would be roll call
votes.
Item No. 8 — Ordinance No. 2021-024 — FINAL — The Vue CPA
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
ADOPTING THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT FOR
THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL
GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II,
FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF
THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH
THE PURPOSE AND INTENT OF THE SMALL-SCALE COMPREHENSIVE PLAN
AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS
OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE.
Item No. 9 — Ordinance No. 2021-025 — FINAL — The Vue Rezoning
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF
ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL
PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR
CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION.
City Clerk Howe read the legal titles of Ordinance No. 2021-024 and Ordinance No. 2021-025 into
the record. The staff presentation was made by Planning Manager John Kruse.
Planner Kruse informed the Council that the applicant has two applications under
consideration. The first application is for a Small Scale Comprehensive Plan Amendment to
change the Future Land Use designation on a portion of the property from Low Density Residential
to Commercial. A companion second request is for an amendment to Ordinance No. 2017-24. The
applicant is requesting these amendments to: (1) grant approval to construct multi -family units on
the Hooks Street frontage and (2) to add approximately 6.7 acres South of Hooks Street to the PUD
to be utilized for multi -family rental housing.
The Small Scale Comprehensive Plan Amendment is for property located south of Hooks Street,
between Miss Florida Avenue and Excalibur Road. The parcel is approximately 13.67 acres with
a portion consisting of 6.7 acres for the requested change. The applicant is not seeking a Future
Land Use Amendment on the entire parcel.
When reviewing requests for new Commercial Future Land Use designations, the Comprehensive
Plan provides the following guidance:
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Objective 1.9: Commercial Land Use Categoa. The commercial category is established to assure
availability ofsufficient icient office and commercial sites to serve the needs of the existing and projected
population. In addition to office and commercial uses, residential uses are allowed, preferably as
mixed -use, high -density developments., as well as supportive accessory uses, churches and schools
as conditional uses, minorpublic utilities (i.e., telephone switching stations, lift stations, drainage
infrastructure, and similar facilities), parks and open space, municipal facilities and other civic
and cultural uses subject to standards and performance criteria set forth in this plan and in the
land development regulations.
Policy 1.9.1: The commercial land use category shall accommodate activities such as general retail
sales and services, professional and business offices, personal services and limited residential use.
Based on current land use trends, the City estimates that the mix of uses will be 90 percent office
and commercial uses and 10 percent residential, public, facilities/institutional and recreation uses.
The adopted Objective and Policy from the Comprehensive Plan do not support the applicant's
request to utilize approximately 50 % of the Commercial Future Land Use land area for residential
use. Commercial Future Land Use lands are designated for employment and non-residential
support uses, and are not intended for predominantly residential use.
Staff has reviewed the Future Land Use amendment request and finds the application also does not
meet the requirements of the Review Criteria. The request appears to be singling out a small parcel
of land for a Future Land Use classification very different from that of the adjoining area for the
benefit of the owner of that property and to the detriment of other property owners. There has been
no data presented by the applicant to justify the modification of the Single Family FLU category.
Staff recommends denial of the proposed Future Land Use amendment because it fails to comply
with Policy 1.9.1 of the Future Land Use Element and Section 86-226(3) of the Land Development
Code. The Planning and Zoning Commission recommended denial on a vote of 6-1.
The second request is for an amendment to Ordinance 2017-24. The project, approximately 31
acres, is located west of the Miss Florida Avenue and Hooks Street intersection, north and south of
Hooks Street, directly north of the East Ridge High School baseball field.
Several waivers that were previously approved under Ordinance 2017-24 are now being extended
to the property south of Hooks Street. The multi -family project to the north will consist of four-
story buildings. The project to the south will consist of three-story buildings. The multi -family
project to the north will be a separate project from the south project and developed by two different
developers.
The multi -family proposal will consist of 292 total units. The applicant is requesting 220 multi-
family units within the project on the north side of Hooks Street and 72 multi -family units on the
south side of Hooks Street. The Workforce Density Bonus has been removed from consideration
by the applicant and the original number of units requested has been reduced from 350 to 292 units.
The overall project will be developed at a density of 11.45 units per acre.
The applicant is requesting the cut/fill waiver to be transferred to the property south of Hooks Street
that is being added to the project for development. This was never presented to Council for
consideration in the past since this parcel was always designated as stormwater/open space. The
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cut/fill plan indicates approximately 35% of the area for the south development plan will exceed
the City's 10-foot limitation. In addition, a terraced retaining wall is being proposed on this portion
of the site. The cross sections indicate the walls could be up to 13 feet in height. Staff is not
supportive of the cut/fill increase, as well as the overall percentage use of the Commercial FLU
designation for residential use.
The Applicant has submitted the mandatory traffic study and it has been reviewed by the City's
transportation consultant. A memo dated December 16, 2021 identifies the conditions that will be
included in the ordinance to address the traffic concerns. The main comments are project access
improvements (turn lanes) and a proportionate fair share cost to provide widening towards the
Hancock Road corridor between SR 50 and Hartwood Marsh Road.
Staff has reviewed the application and proposed project in regards to the Review Criteria for a
Planned Unit Development. The density and intensity of the project with the multi -family units has
created an additional area of cut and fill. The proposed 49 foot high staggered retaining walls in the
project does not preserve the natural topography. In addition, the secondary emergency access point
on the southern portion has not been provided. Therefore, staff recommends denial of Ordinance
No. 2021-025. The Planning and Zoning Commission recommended denial on a vote of 6-1.
Planner Kruse provided additional historical context for the property by showing how the plans for
property have evolved over the last 25 years. He began with Ordinance 1033 from 1998 where the
project was approximately 140 acres and was designated for primarily commercial development.
In 2016, the applicant came forward with an amendment to allow a mixture of multifamily of 324
units and commercial on the north side of Hooks Street along with the adjacent parcel to the west.
In 2017, the applicant requested an amendment to increase the waivers. In doing so, they removed
the 324 unit family portion of the project in favor of developing as senior housing or age restricted.
Mayor Murry asked if the applicant was present.
Jimmy Crawford, 702 W. Montrose Street, Clermont — Applicant's Legal Representative. Mr.
Crawford stated that he is representing AC Commercial Properties LLC who is the owner of the
property. He informed the Council that they have the owner, engineer, developer, and traffic
engineer present as well as the developer for the north side of the property. He informed the Council
that he will be making a short presentation and will be entering his binder into the record.
Mr. Crawford told the Council that it is their belief that this development is greatly needed in the
community. Clermont is in the third worst area in housing attainability in 2020 for Central Florida;
in 2019 the area was first. He continued that rents have risen at least 35% over the last two (2)
years; and, working people are finding it difficult to find housing.
He asserted that the applicants project is consistent with the City's Comprehensive Plan and the
City Code; and, that it meets the will of the City Council who designated this area for workforce
housing development. He wanted to be clear that the project is not asking for a density bonus.
Mr. Crawford informed the Council that the issue of separating the units out for density purposes
is not possible. It is no different than Legends which was developed by multiple developers in
multiple phases, but it was all done under one (1) PUD. With the proposed project, they have stayed
under the required 12 dwelling units per acre.
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Mr. Crawford went through each of his exhibits with the Council and restated that his presentation
would be provided to the Clerk for retention with the record.
Mr. Crawford wished to content two items in the staff report. The first being that the land use
amendment does not meet the policies in the comprehensive plan. He believes that city staff is
misapplying the policy as it has never been applied to an individual property; he further contends
that it never meant to be. Mr. Crawford read from the plan that commercial land use allows for
residential pockets as long as they are preferably mixed use and high density; both of which apply
to The Vue.
The second objection to the staff report is that city staff believes the applicant is spot zoning from
a land use perspective and the future land use should be single family residential — they disagree
with that assumption. Mr. Crawford displayed the Hooks Street corridor and showed that of the six
(6) properties in the corridor, on the north side, all are commercial. On the south side, one (1) is
single family residential and six (6) are not. They completely disagree with the assumption that the
Hooks Street corridor is primarily for residential land use; both from a map and visual perspective.
Mr. Crawford wished to clarify for the record that with regards to waivers, they are not asking for
any in terms of size or density.
Mr. Crawford also told the Council that they take issue with city staffs comments regarding walls.
He said that the walls are needed to preserve topography. They do not want to just cut and fill if
they can help it and without the walls, they would be in need of additional cut.
For the traffic study analysis, Mr. Crawford called his traffic engineer to the podium.
Scott Israel, 7165 Sabal Palm Drive, Longwood — Ms. Israel informed the Council that he
performed the Traffic Impact Analysis (TIA) which has been reviewed by the City's consultant and
FDOT. The document recommended turn lanes and identified existing deficiencies on SR50. There
is a reduction of trips over what is allowed by the land use category.
For the grading, Mr. Crawford called his project engineer to the podium.
Jeff Baker, 415 Citrus Town Blvd, Clermont — Project Engineer. Mr. Baker informed the Council
that one of the things they looked at was the grading. There is 100 feet of grade difference from the
north to the south sides of the property. As a development, they need flat surfaces for emergency
vehicle and ADA access. The looked at the access points to the property; commercial entering from
SR50 and residential entering from Hooks Street. This will create two different plateau levels. They
want flat grading, but they also want to preserve the topography of the area.
Steve Smith, 1323 Briarberry Lane — Mr. Smith stated that they are getting calls daily saying they
cannot afford to live here. He provided several examples of people he is working with in various
industries that work in Clermont, but cannot afford to live here. Recently, Lake County realtors put
out that the median home price in Lake County is $317,000. Mr. Smith informed the Council that
they chose this site because land is difficult to acquire in Clermont and to meet the affordable
housing requirements. This is an ideal spot for this type of project.
Mayor Murry opened the floor for comments from the public.
11
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
Michael Taylor, 16508 Spring Park Drive, Clermont — Asked the Council to support the ordinance.
Stated that his employees are having a tough time finding housing.
Dani Page, Inside Clermont — Ms. Page expressed doubt as to if the applicant has taken into
consideration traffic from the Skorman Development. Asked the City Council to pass a moratorium
on multi -family development similar to what the Town of Oakland did. Opposed to the project.
Kathy Smith, 1038 Timberville Drive, Clermont — Ms. Smith serves as the Executive Director of
the Community Foundation. Supports the project.
Seeing no one else come forth, Mayor Murry closed the floor from further comments.
Mr. Crawford address the concerns related to traffic. He restated that they were approved for 7,000
trips per day, and they revised development is a little over 4,000 that is 42% reduction in the number
of trips. He stated that Oakland approved several massive projects and then approved a short-term
moratorium like Clermont had done previously to look at the codes and comprehensive plan to plan
for the future growth of the community. Mr. Crawford gave some rates on apartment rentals he got
that afternoon for one (1) bedroom apartments that ranged from $1,600 per month to $1,990 per
month. He informed the Council that at those prices, a single person cannot live on their own. He
concluded his statements saying that this is the right project in the right location and asked for the
Council's support.
City Manager Bulthuis asked Mr. Crawford to explain what the site is currently approved for. Mr.
Crawford explained that Ordinance 2017-24 for the upper part and Ordinance No. 2016-17
approved for 324 development. The two ordinances are supposed to work in concert with each
other in their opinion.
City Manager Bulthuis informed the Council that staff has a different opinion about how this should
be interpreted. Planner Kruse explained that all PUD ordinances reference a site plan and 2017-24
has one of the conditions that if any development was to occur on lots 7-13 they would need to be
reviewed and approved by the City Council. Staffs argument is that if multi -family was already in
there it would have been called out specifically. Staff is saying that 2017-24 replaced 2016-17, not
supplemented it.
Mr. Crawford argued that multi -family development was called out in the section 2 of Ord. 2017-
24 which provides for limitations on multi -family development. He said they had no plans at the
time, which is why it is not approved as part of the PUD. The intent was always to come back to
Council once the plans were ready.
City Attorney Mantzaris pointed out that the 2016 ordinance referenced the 324 units and the 2017
ordinance does not. The 2017 ordinance provides for any language in conflict to be repealed. Mr.
Crawford argued that the language is not in conflict.
City Attorney Mantzaris stated that it was specific language in 2016, but 2017 does not talk about
it specifically. He felt that Mr. Crawford's presentation does not make it clear to the Council about
their perceived entitlements under existing ordinance. The 2017 ordinance does not clearly entitle
them to 324 units. Mr. Crawford stated that the 2017 ordinance does not repeal and replace, it just
repeals conflicted information.
12
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
City Manager Bulthuis informed the Council that when staff reviewed the project, they assumed
no entitlement to 324 apartments.
Council Member Purvis stated that former Council Member Goodgame would have insisted on
elevators as he had come out against any building three (3) stories or greater that did not have an
elevator.
Mr. Crawford asked Planner Kruse if the project meets the open space requirements of the
comprehensive plan. Planner Kruse refused to answer the question as under the 2017 ordinance,
this was not a consideration for the use.
Mr. Crawford asked if he is refusing to answer if the 2021 plan fails to meet the open space
requirements. Planner Kruse says that in terms of the conceptual plan, the City's comprehensive
plan does not have a call out for a percentage of open space.
Mr. Crawford asked if the project was running afoul or violating any regulations with the open
space standards in the comprehensive plan or land development regulations. Planner Kruse cannot
ascertain that the project would be.
Mr. Crawford asked if a site plan would be approved if it was in violation of regulations. Planner
Kruse responded that staff looked at impervious surface ratios and also ISR and pour area ratio. At
this point in time, he cannot say for sure.
Council Member Purvis disclosed that he knows several of the people that are involved with the
project. He believes that Clermont suffers from a disparity of affordable housing. He does not
support the development on the south side of Hooks Street. He does not believe it fits and is against
a one entrance in and out concept. He does not feel that this is the right development plan for this
property.
Council Member Bates echoed Council Member Purvis's concerns. There is a staffing problem in
Clermont, but he does not believe this is the project to address that. He has concerns about traffic.
Council Member Entsuah stated he has some minor concerns about traffic. He does like the
commercial part, but does not like the southern side.
Council Member Pines stated that her biggest issue is the cut and fill on the other side of Hooks
Street. She believes it is too much. She does not like the terraced/stacked walls.
Mr. Crawford interjected at this point to show an image of the view from Hooks Street. They can
approve the PUD as it applies to the north side of the road only.
Council Member Purvis stated that in the renderings, the building appear to be four (4) stories, but
there is no evidence of elevator shafts.
Ryan Stubinski, Whitfield Development, Tampa — All of the buildings have elevator service.
Mayor Murry disclosed that he met with Mr. Moore and Mr. Smith about this project. He stated
that he recognizes the need for affordable housing. He is concerned with the 13ft wall. He would
like to see that wall reduced. He also expressed concern about the absence of a second entrance.
He cannot support it the way it is.
13
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
Mr. Crawford stated he did speak with Clermont Fire about the entrances. Lake County will not
approve a second entrance. They can do an emergency entrance for emergency services use only.
Council Member Purvis stated that he would be more comfortable with a second emergency
entrance.
The Council engaged in discussion with Mr. Crawford about walls in both the north and south side.
Mr. Crawford stated that they would like a vote on the north side. They have everything ready for
it. They will have to lose 2-3 units because of the loss of the south piece. If they are denied, they
would like to be denied without prejudice so they can come back without waiting a year.
Mr. Crawford stated that the applicants financing is coming to a close. The deadlines are upon
them. He asked the Council if they would consider loft walls and the addition of an emergency
second entrance.
Council Member Bates is not comfortable supporting the project.
Council Member Purvis stated that he would like to give the applicant a chance to bring a plan
back. Mr. Smith reminded the Council that the loan extension is over and they need an answer
tonight. He is working with his team right now to see if the can accommodate the Council.
Development Services Director Henschel informed the Council that his department wrote the
ordinance so the Fire Marshall would have ultimate authority to determine the width of the access.
Mayor Murry asked for Fire Chief Ezell to come to the podium.
Fire Chief David Ezell stated that the Fire Department always prefers to have two (2) entrances,
but there are occasions where a property is only able to have a single access point. There are ways
for this site to meet the minimum requirements for access.
Mayor Murry agreed that a second entrance for emergency access is a must. For him, the 10 foot
wall is high, but he could live with it.
Council Member Purvis asked about the retaining walls. Mr. Baker stated that it would be a concrete
retaining wall or stacked block. The wall has a very long life cycle and will resist the urge to push
over.
City Attorney Mantzaris added that if the wall was to fail or fall into disrepair, it would be a code
violation.
MOTION TO APPROVE and adopt as presented Ordinance No. 2021-024 made b
Council Member Purvis; Seconded by Council Member Bates. Passed 3/2 on a roll call
vote with Council Members Entsuah and Pines opposed.
MOTION TO APPROVE and adopt Ordinance No. 2021-025 with the additional
conditions on the south piece of 1 adding a secondM entrance for emergency access and
2 adjusting the retaining walls on the south side from 13ft to loft made by Council
Member Purvis,• Seconded by Ma or Murry. Motion fails 3/2 on a roll call vote with
Council Member Entsuah. Pines and Bates opposed.
14
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
Mr. Crawford asked for a consideration for separation and asked that the Council only vote on
rezoning for the north piece.
City Attorney Mantzaris advised that the Council could take that action if they wished.
MOTION TO SEPARATE and remove all language regarding the south piece of land from
Ordinance No. 2021-025 and deny they approval of the north piece made by Council
Member Bates; Seconded by Council Member Pines.
Prior to the vote, City Attorney Mantzaris clarified that the motion should actually be a motion to
deny the ordinance as presented. Council Member Bates agreed to amend his motion, and Council
Member Pines agreed to amend her second.
MOTION TO DENY as presented Ordinance No. 2021-025 made by Council Member
Bates,• Seconded by Council Member Pines. Motion fails 3/2 on a roll call vote with
Council Members Bates and Pines opposing_
MOTION TO SEPARATE and remove all language regarding the south piece of land
from Ordinance No. 2021-025 and approve of the north piece made by Council Member
Bates: Seconded by Council Member Purvis. Motion fails 3/2 on a roll call vote with
Council Member Bates. Purvis, and Pines in opposition.
Item No. 10. — This item was addressed earlier in the meeting and was withdrawn by the applicant.
NEW BUSINESS
Item No. 11— Resolution No. 2022-001R — Tidal Wave Carwash CUP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR
AN AUTOMOTIVE CARWASH FACILITY USE WITHIN A PLANNED UNIT
DEVELOPMENT (PUD) ZONING DISTRICT; PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
PUBLICATION AND AN EFFECTIVE DATE.
Mayor Murry left the room at 9: 42 pm.
Development Service Director Curt Henschel made the staff presentation. The applicant is requesting a
Conditional Use Permit (CUP) to allow for an automobile carwash facility within a Planned Unit
Development (PUD) zoning district. The vacant parcel is located on the southwest corner of State Road 50
and Miss Florida Avenue. The Future Land Use Designation is Commercial. The Planned Unit
Development (Resolution 1503), which allows C-2 General Commercial permitted uses. The Land
Development Code requires a Conditional Use Permit for any type of vehicle service, which includes the
proposed carwash use at this location. The applicant is proposing to construct a 3,500 square feet self-
service carwash facility with onsite vacuum cleaning stations.
15
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
The applicant has submitted a conceptual site plan of the layout for the access points, carwash building, and
vacuum cleaning stalls for the site. The applicant has indicated the carwash facility will be self-service
with limited staff onsite. The proposed carwash will be similar to several other facilities within the city
that have self-service vacuum stalls with an automated drive-thru wash that is stationed by the
attendant. The proposed project will utilize City water and sewer services, and the City currently has the
capacity to service this development.
The proposed development shall be required to comply with the Land Development Regulations and all
provisions of the codes. All buildings must comply with Clermont Architectural Design Standards. The
proposed project will also be required to provide additional landscaping and plant materials to enhance and
create an opaque buffer to help minimize the impact of the noise and visibility of the vehicles utilizing the
carwash services.
Staff has reviewed the application and proposed project in regards to the Review Criteria for a Conditional
Use Permit. The proposed use is consistent with the existing development patterns and the surrounding
areas. The proposed uses will not be detrimental to the health, safety and general welfare of the
community. The Conditional Use Permit will not be in conflict with the Clermont Comprehensive Plan
goals, objective and policies for commercial land use. The property has access to major road networks and
will be required to comply with all Land Development Regulations to allow for site development. Staff
recommends approval of Resolution No. 2022-001R. The Planning and Zoning Commission
recommended approval by a vote of 6-0.
Mayor Pro Tern Bates asked if the applicant was present.
City Clerk Howe read the legal title into the record.
Lynn Robinson, Bolman Consulting — Applicant Representative. Civil Engineer on the project.
Mayor Murry returned at 9: 48 pm.
Mayor Murry opened the floor for public comment; seeing no one come forth the floor was closed.
Council Member Purvis asked the hours of operation. Ms. Robinson stated the hours would be 7:00 am —
7:00 pm and will be open in the front and exit.
Council Member Entsuah stated that he feels there are too many in Clermont. Mayor Murry responded
that there is a demand and they are being used.
MOTION TO APPROVE the conditional use permit in Resolution 2022-001R made by Council
Member Bates: Seconded by Council Member Pines. Passed unanimously with all members present
voicing aye.
Item No. 12 — This item was addressed earlier in the meeting and moved to the February 8, 2022 meeting.
Item No. 13 — Ordinance No. 2022-006 — INTRODUCTION— MSTU
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.01(1)(q),
FLORIDA STATUTES (1999), CONSENTING TO THE INCLUSION OF THE CITY
OF CLERMONT, FLORIDA, WITHIN THE COUNTY -WIDE MUNICIPAL SERVICE
16
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
TAXING UNIT FOR THE PROVISION OF AMBULANCE AND EMERGENCY
MEDICAL SERVICES, AS ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR THE CITY TO
BE INCLUDED WITHIN SAID MUNICIPAL SERVICE TAXING UNIT FOR A
SPECIFIED TERM OF YEARS; PROVIDING FOR REPEAL, SEVERABILITY,
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, EFFECTIVE DATE
AND PUBLICATION.
City Clerk Howe read the ordinance into the record by legal title only.
MOTION TO INTRODUCE for future consideration Ordinance No. 2022-006 made by Council
Member Bates,• Seconded by Council Member Purvis. Passed unanimously. with all members
present voicing ae
CLOSED SESSION
Mayor Murry read a statement into the record announcing the entrance into closed session.
City Manager Bulthuis asked that the Deputy City Manager be allowed to attend the closed session. The
Council agreed.
Closed session began at 10: 23pm
The Council reconvened at I1: 08pm
Item No. 14 — Consideration of Approval of Settlement of Sprinkles v. City of Clermont Litigation
City Attorney Mantzaris explained that staff is recommending approval for settlement by granting all of the
claims and attorney fees by Mr. Sprinkles and moving forward with a payment of $600,000 by the City of
Clermont. This will also include the acquisition of the land. The City's contribution will be $550,000 and
the City's insurance carrier will provide $50,000.
MOTION TO AUTHORIZE the Cit • Manager to proceed with the payment as discussed in closed session
made by Council Member Purvis: Seconded by Council Member Bates. Passed unanimously with all
members present voicing a e.
17
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 25, 2022
ADJOURN: With no further comments, this meeting adjourned at 11:10 pm.
ATTEST:
J�C��'
Tracy Ackroyd Howe, MMC
City Clerk
APPROVED:
----7-)
4� �,
Tim Murry,M ayor
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Page 1
CITY OF CLERMONT
CITY COUNCIL MEETING
STEPHEN SPRINKLES,
Plaintiff,
Vs.
CITY OF CLERMONT,
Defendant.
/
***CLOSED SESSION***
DATE: TUESDAY, JANUARY 25, 2022
TIME: 10:28 P.M. - 10:37 P.M.
PLACE: CLERMONT CITY HALL
685 WEST MONTROSE STREET
FIRST FLOOR PLANNING CONFERENCE ROOM
CLERMONT, FLORIDA 34711
REPORTED BY: ANGELINA ROSANIA
STENOGRAPHICALLY
TRANSCRIBED BY: COURTNEY N. LANGHOFF, RMR, CRR, FPR-C
ORANGE LEGAL/VERITEXT LEGAL SOLUTIONS
201 EAST KENNEDY BOULEVARD, SUITE 712
TAMPA, FLORIDA 33602
Veritext Legal Solutions
800-726-7007
305-376-8800
Page 2
Page 4
1 APPEARANCES:
I
PROCEEDINGS
2 DANIEL FRANCIS MANTZARIS, ESQUIRE
2
*********
OF: DSKLaw
3 332 North Magnolia Avenue
3
MR. MANTZARIS: We're going to begin our
Orlando, Florida 32801
4 (407) 422-2454, FAX-(407) 849-1845
4
meeting.
dmantzaris@dsklawgroup.com
5
Are you ready?
APPEARING ON BEHALF OF THE PLAINTIFF
6
THE COURT REPORTER: I'm ready.
6
ALSO PRESENT:
7
MR. MANTZARIS: We're going to do the --
7
8
Sprinkles vs. the City first. So we are meeting
Tim Murry, Mayor
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9
closed session.
Scott Davidoff, Deputy City Manager
10
As you know, this is one of the few times that
9
Michelle Pines, Council Member
11
the city council can meet in -- outside the public.
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The court reporter's here to take down everything
1I Ebo Entsuah, City Member
13
you say. So make sure we don't talk over each
Brian Bulthuis, City Manager
14
other.
12 Jim Purvis, Council Member
15
We're going to talk about the Sprinkles matter
13
16
vs. the City of Clermont first, and then after that,
Tim Bates, Council Member
17
we'll move in to the other one. So we can only talk
14
15 » » » • •
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about settlement and litigation, settlement and the
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litigation, and the expense costs associated with
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it.
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So we wanted to have this closed session
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because we've been working with the City's assigned
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defense counsel, Doug, Doug Noah, and with the
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24
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plaintiff, and based on the last closed session
25
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meeting we had regarding this matter, we believe we
Page 3
Page 5
1 INDEX PAGE
1
were able to negotiate a settlement of -- of this
2 PROCEEDINGS 4
2
litigation.
3 SPRINKLES VS. CITY OF CLERMONT
3
So what we were pursuing was -- as you'll
4 Opening Statement by Mr. Mantzaris
4
4
recall for the property in question, the Court
5 Questions by the Council Members
7
5
determined that the City had taken from the property
6 Statement by Mr. Bulthuis 9
6
owner by inverse condemnation, and it had the
7 Questions by the Council Members
10
7
stormwater improvements associated with the
8 Instruction by Mr. Mantzaris 12
8
Victory Pointe project on it.
9 CERTIFICATE OF REPORTER
14
9
So it was important, when we were negotiating,
10 CERTIFICATE OF TRANSCRIPTION
15
10
that we were able to acquire the property as part of
11
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the deal because obviously we had improvements on
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it. So we were -- the initial discussions started
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out -- as you'll recall from the last time, we were
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doing an evaluation of the property and finding out
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what the property value was.
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Because this matter has been going on for a
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long time, frankly, the biggest piece of the
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settlement negotiation had to do with the attorney's
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fees that the -- that the plaintiff was entitled to
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based on the inverse condemnation ruling by the
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Court.
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So after discussion with the -- with Doug Noah,
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the defense counsel, as well as the City's insurance
24
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carrier, we -- we were able to put together a
25
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package of $600,000 to be offered to the plaintiff
2 (Pages 2 - 5)
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800-726-7007 305-376-8800
Page 6
1
to acquire the property and pay for their attorney's
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fees.
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So the $600,000 package we offered would
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essentially conclude the litigation, the City would
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get the property. It would be done as a
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condemnation or eminent domain action so that the --
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the City would basically get an eminent domain deed
7
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to the property, and we would have the property.
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That's the proposed settlement that's on the
9
10
table. When -- when Mr. Bulthuis -- when I spoke
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with Doug Noah, the attorney, about communicating
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this, what we wanted to do was we wanted to get the
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other side to agree to it before we came back to you
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because we didn't want to go back and forth, and the
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other side has agreed to accept $600,000.
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I received some settlement documents this
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morning. We're looking at them, and that's what
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we're proposing.
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So if you've got any questions, we're happy to
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answer them, but we think it's the best settlement,
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given the Court ruling on this, and it acquires the
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property the City needs because it has the
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Victory Poin- -- Pointe improvements on it.
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MR. BULTHUIS: What -- and what we would --
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what we would be doing is, if you're good with that,
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Page 7
1 when this is done, we go back in to open session and
2 vote on it.
3 COUNCIL MEMBER PURVIS: Okay.
4 MR MANTZARIS: Yeah.
5 COUNCIL MEMBER BATES: My two questions are --
6 I'm sorry.
7 One, is that going to clear up any title issues
8 that we've had in the past with all that property
9 over there?
10 MR. MANTZARIS: Uh-huh, yes.
11 COUNCIL MEMBER BATES: It'll alleviate any
12 issue there. Okay.
13 And my second question —
14 MAYOR MURRY: You're not older than me. Come
15 on now. You can't be doing that.
16 COUNCIL MEMBER BATES: Holy cow.
17 COUNCIL MEMBER PINES: That's mind blowing.
18 MAYOR MURRY: We want to have Mr. -- Mr. Purvis
19 ask, and then you can ask.
20 COUNCIL MEMBER BATES: Yeah, go ahead.
21 COUNCIL MEMBER PURVIS: Okay. Thank you.
22 What portion, if any, is the City's payment
23 going to coincide?
24 MR. MANTZARIS: Well, the insurance is —
25 COUNCIL MEMBER BATES: That was my question.
Page 8
I'm sorry. That's what my question was going to be.
Thank you. Thank you.
MR. MANTZARIS: So the -- we worked with thh
insurance carrier, and the insurance carrier is
going to put in -- would put in $50,000 towards the
settlement.
The uniqueness of this is the Court's ruling on
the inverse condemnation event arguably took it
outside of the coverage of the City's policy. It --
it's -- so this -- the inverse condemnation, in this
sense, wasn't covered under the policy because
Doug Noah and his firm felt that there was a viable
option to appeal that ruling, the insurance company
stayed in the -- in the case, and we've agreed to
put $50,000 on it.
If -- if the appeal failed and the inverse
condemnation ruling stayed in place, then they were
going to -- they told us, in no uncertain terms,
that we wouldn't have coverage anymore, so --
COUNCIL MEMBER PINES: Whoa.
COUNCIL MEMBER BATES: Wow.
MR. MANTZARIS: -- at all from this, so --
So, you know, Brian, we invited Brian to be on
the call with the insurance adjuster, and we tried
to push them to put in more money, and -- and so
Page
I they —
2 COUNCIL MEMBER PINES: Yeah.
3 MR. MANTZARIS: They would contribute $50,000
4 to the settlement.
5 And, Brian, I don't know if you want to talk
6 about the —
7 MR. BULTHUIS: Right.
8 MR. MANTZARIS: — where the money would come from.
9 MR- BULTHUIS: Yeah. So we —
10 COUNCIL MEMBER PURVIS: That was going to be my
11 follow-up question. Thank you.
12 MR BULTHUIS: Well — well, again, we'll --
13 we'll talk about this whole big picture.
14 They changed the rules on the ARPA money, and
15 we can now use up to $10 million of 19 million, and
16 what we can do is we're going to take, if you guys
17 approve this, police and fire salaries and charge
18 them against ARPA. Okay?
19 That will free up $10 million in general fund
20 money that we can do whatever we want with. So
21 600,000 of this, the 600,000 (sic) will come out of
22 that.
23 MR MANTZARIS: That s 550.
24 MR BULTHUIS: Or the 5- -- 550.
25 COUNCIL MEMBER BATES: This fiscal year or --
3 (Pages 6 - 9)
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800-726-7007 305-376-8800
Page 10
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MR. BULTHUIS: We've got to work -- yes.
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But yes. The answer is yes.
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COUNCIL MEMBER BATES: Okay. Good.
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MR. BULTHUIS: We have 19 million. I've got a
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whole plan for this if you guys approve it. We have
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$19 million. We can take 10 million out so that now
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you've got the 9 and the 10, right —
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COUNCIL MEMBER BATES: Right.
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MR. BULTHUIS: -- two — two buckets.
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What we're going to do is this 550 will go
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towards this of the — that comes out of the 10.
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COUNCIL MEMBER BATES: Okay.
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MAYOR MURRY: Coming from the general fund?
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We would be in --
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MR. BULTHUIS: Instead of general fund. It
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won't come out of general fund.
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CITY MEMBER ENTSUAH: Okay. Because you can
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you can actually pay this out of the —
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MR BULTHUIS: Out of the ARPA.
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CITY MEMBER ENTSUAH: Out of the ARPA? Okay.
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MK BULTHUIS: Out of the ARPA, yeah.
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CITY MEMBER ENTSUAH: Real quick, in terms of
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paying it out of the ARPA, is that -- is that
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because this is --
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MR- BULTHUIS: Well, it won't be out of ARPA.
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Page 11
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CITY MEMBER ENTSUAH: Or not — sorry. Out of
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the general fund. That's right. We're taking the
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ARPA funds for the police. Okay. Sony.
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MR BULTHUIS: Yes.
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MR- MANTZARIS: Right. It had to do with some
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changes in how the offer is being turned to cash.
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MR. BULTHUIS: Gotcha, gotcha, gotcha.
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COUNCIL MEMBER BATES: So I'm impressed
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That's a good solution.
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MR- MANTZARIS: All right. So any more
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questions on this?
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CITY MEMBER ENTSUAH: This is a follow-up
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So go -- you can go ahead.
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CITY MEMBER ENTSUAH: Well, I was just going to
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ask. That other 900 and —
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MR. MANTZARIS: What you would -- yeah. You
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probably need to —
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MAYOR MURRY: 9 million?
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CITY MEMBER ENTSUAH: Yeah. 9's good
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MAYOR MURRY: I thought I heard —
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CITY MEMBER ENTSUAH: That's not okay.
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Page 12
MAYOR MURRY: I've got plans for that.
CITY MEMBER ENTSUAH: All right.
MAYOR MURRY: This is all very important for
the record.
MR. MANTZARIS: All right. All right, guys.
Let's --
CITY MEMBER ENTSUAH: So that's why you've got
a new car in your driveway.
MR. MANTZARIS: No, no. No, he doesn't have a
new car.
CITY MEMBER ENTSUAH: Oh, sorry.
COUNCIL MEMBER BATES: So let's get a motion
and take a break.
We're going to approve that they had been in --
MR. MANTZARIS: Hold on. Hold on, please.
COUNCIL MEMBER BATES: Okay.
MR. MANTZARIS: So what we — if —
Now is the time to ask any questions or voice
any concerns with the proposal we can move
because -- so that you can talk about them. You
certainly can talk about them in the public meeting,
but when we go back in the meeting, I'm going to —
After the mayor calls it back in session, I'm
going to introduce the item, and I'm just going to
ask the City Council for a motion to approve the
Page 13
settlement of — of this matter for payment of
$550,000 from the City.
COUNCIL MEMBER BATES: Does that need to be at
600 on record, even though they're paying --
MR. MANTZARIS: Well, I can -- I will make —
I'll -- I'll point to the 600 with 50 coming
from the City's carrier.
COUNCIL MEMBER BATES: Okay.
THE COURT REPORTER: I'm song. 50 --
COUNCIL MEMBER BATES: That should cover all
the bases.
COUNCIL MEMBER PINES: Uh-huh.
THE COURT REPORTER: 50 coming from?
MR. MANTZARIS: The City's carrier.
CITY MEMBER ENTSUAH: Sure, sure.
THE COURT REPORTER: Thank you.
CITY MEMBER ENTSUAH: Sure.
THE COURT REPORTER: Thank you.
MR. MANTZARIS: Okay?
Any questions about that?
Okay. All right. So now we're going to switch
to the VP development art district.
THE COURT REPORTER: Okay. If you could just
give me one minute.
(Proceedings concluded at 10:37 p.m.)
4 (Pages 10 - 13)
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1 CERTIFICATE OF REPORTER
2
STATE OF FLORIDA )
3 )
COUNTY OF LAKE )
4
5
6 I, ANGELINA ROSANIA, Notary Public, State of
7 Florida, I was authorized to and did report the
8 foregoing proceedings; and that the transcript, pages 4
9 through 14, is a true and accurate record of my notes
10 and audio.
11
12 I FURTHER CERTIFY that I am not a relative, or
13 employee, or attorney, or counsel of any of the parties,
14 nor am I a relative or employee of any of the parties'
15 attorney or counsel connected with the action, nor am I
16 financially interested in the action.
17 Dat " ' .2022.
18
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20
21 ANGELINA ROSANIA
22
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Page 15
1 CERTIFICATE OF TRANSCRIPTION
2
3 I, COURTNEY N. LANGHOFF, RMR, CRR, FPR-C,
4 Notary Public, State of Florida, certify that 1
5 stenographically transcribed the notes and audio of
6 ANGELINA ROSANIA of the foregoing proceedings and that
7 the foregoing transcript, pages 4 through 14, is a true
8 transcript of said notes and audio to the best of my
9 ability.
10 I further certify that I am not a relative,
I I employee, or attorney, or counsel of any of the parties,
12 nor am I a relative or employee of any of the parties'
13 attorneys or counsel connected with the action, nor am 1
14 financially interested in the action.
15
16 DATED this 4th day of February, 2022.
17
18 C�M. C>,d4ae-'
19
COURTNEY N. LANGHOFF, RMR, CRR, FPR-C
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Page 1
VP DEVELOPMENT,
Plaintiff,
Vs.
ART DISTRICT AND
CITY OF CLERMONT,
Defendants.
CITY OF CLERMONT
CITY COUNCIL MEETING
***CLOSED SESSION***
DATE: TUESDAY, JANUARY 25, 2022
TIME: 10:39 P.M. - 11:07 P.M.
PLACE: CLERMONT CITY HALL
685 WEST MONTROSE STREET
FIRST FLOOR PLANNING CONFERENCE ROOM
CLERMONT, FLORIDA 34711
REPORTED BY: ANGELINA ROSANIA
STENOGRAPHICALLY
TRANSCRIBED BY: COURTNEY N. LANGHOFF, RMR, CRR, FPR-C
ORANGE LEGAL/VERITEXT LEGAL SOLUTIONS
201 EAST KENNEDY BOULEVARD, SUITE 712
TAMPA, FLORIDA 33602
Veritext Legal Solutions
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I
APPEARANCES:
1
PROCEEDINGS
2
DANIEL FRANCIS MANTLARIS, ESQUIRE
OF: DSKLaw
2
rrrrrrrrr
3
332 North Magnolia Avenue
3
THE COURT REPORTER: Good.
4
Orlando, Florida 32801
(407) 422-2454, FAX-(407) 849-1845
4
MR. MANTZARIS: Okay. All right.
dmantzaris@dddawgroup.com
5
So, again, we're back on the record now with
6
APPEARING ON BEHALF OF THE PLAINTIFF
6
the court reporter, the same as the last discussion.
ALSO PRESENT:
7
We're going to talk about litigation expense and
7
Tim Murry, Mayor
8
possible settlement with regard to the VP Development
8
9
vs. Art District and City of Clermont matters.
score Davidof& Deputy city Manager
10
I'm just going to let Mr. Bulthuis talk to you
9
Michelle Pines, Council Member
11
about that because he's the one involved -- been
10
12
involved in the most recent settlement discussions.
11
Ebo ��� City Member
13
MR. BULTHUIS: And this is a general concept.
Brian Bulthuis, City Manager
14
I do not have a final approval. This is a concept,
12
Jim Purvis, Council Member
15
but as you know, the issue with Patrick's property
y P Perty
13
16
is that he has no access off of the back of his
Tim Bates, Council Member
17
property because of where Stringfellow's property is
14
15
• • • • •
18
behind it.
16
19
In talking with -- and -- and I went at this
17
18
20
trying to look at a global solution that solves
19
21
multiple problems. Jason has tentatively agreed to
20
21
22
us
sell the property here so we would own this
22
23
parking lot, and we would also --
23
za
24
So the existing parking lot and this grass area
25
25
that could be made into parking. We would not get
Page 3
Page 5
1
INDEX PAGE
1
this small piece here, as he -- he still has plans
2 PROCEEDINGS 4
2
for that, but we would then own all of this parking,
3 VP DEVELOPMENT VS. ART DISTRICT & CITY OF cLERmom
3
which, in turn, we would also get the area right
4
Introduction by Mr. Mantzaris 4
4
behind Patrick's property, which that gives him
5
Opening statement by Mr. Bulthuis 4
5
access that he needs in to a public parking lot.
6
Introduction by Mr. Bulthuis Continued 7
6
The price for this is $1.5 million. Okay?
7
Opening Statement by Mr. Bulthuis Continued 12
7
In talking with Patrick, if he gets access,
8
Statement by Mr. Mantzaris 13
8
he's good. That's what he wanted.
9
Statement by Mayor Murry 14
9
COUNCIL MEMBER PINES: Uh-huh.
10
Discussion by the Board 15
10
MR. BULTHUIS: So that's kind of the -- the
I I
Statement by Mr. Mantzaris 16
11
tentative, but, again, this is very tenuous. We've
12
Statement by Mayor Murry 16
12
got to make sure it all works.
13
Discussion by the Board 17
13
The second issue then comes up with, you know,
14
Statement by Mr. Mantzaris 18
14
the damages that happened or alleged damages or
15
Statement by Mr. Bulthuis 20
15
however you want to say it on the existing prop- --
16
Discussion by the Board 21
16
building.
17
Statement by Mr. Bulthuis 22
17
Jason's position is that, even though we're not
18
Final Discussion By the Board 22
18
part of that lawsuit, that he needs a global
19 CERTIFICATE OF REPORTER 35
19
settlement because he got, quote -- I hate to use
20 CERTIFICATE OF TRANSCRIPTION 36
20
the word "dragged" in, but caught up in this whole
21
21
thing because of the sale and -- and stormwater
22
22
and -- and everything else, and -- and promises
23
23
made.
24
24
So his position is, even though the -- the
25
25
damages are just between him and Patrick, he needs
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the global settlement to get everything done. So
what -- what I'm looking for is Patrick wanted
somewhere between $400,000 and $600,000 in the
damages.
What I'm saying is that the City did 200,000
just to Patrick. If it kind of covers everything,
Jason's going to put in 50. Then he would get
250,000. They would then agree to just settle the
damages thing, settle the -- all the -- the access
things, everything.
Also, Patrick, with my -- a credit or --
you know, we have parking requirements. So
20 parking credits or however we say that for future
development, but part of that we're getting because
we bought this new public parking lot that was back
here.
In addition, he wants to -- where the Yummis --
this -- this block here, where Yummis and stuff is,
he wants to go above that. He doesn't want to tear
those down, but he wants to go higher. Right now
our ordinance allows 55 feet. He would like to be
able to go 65 feet with building above.
So that would be kind of the global settlement.
In terms of how that would work, we're also
looking -- and I've talked to you, some of you,
Page 7
about buying the old police department because that
would give us the parking that we need as well, and
we could put over 200 spots in the old police
department if we tore it down.
So then we would have the parking, the parking
that they both need, that everyone needs, so that
those credits really don't mean anything. The
parking lot for the police department, I hate to
tell you, is $2 million, maybe 2 million, 100,000,
even though the City sold it to them six years ago
for 900,000.
CITY MEMBER ENTSUAH: You're talking about the
one --
COUNCIL MEMBER PINES: On the left.
MR. BULTHUIS: The old police department.
CITY MEMBER ENTSUAH: Okay. That one right
there?
MR. BULTHUIS: Yeah.
CITY MEMBER ENTSUAH: Okay.
MR. BULTHUIS: This is a concept. Patrick
wants at least 315. I'm saying 250.
There's also -- you know, Jason, Jason has lots
of feelings right now that -- that's complicated
this in terms of, you know, being able to do the
Art Walk. I went out there and met with him today,
Page 8
1 Scott and I did, on Monday.
2 He's got this really neat coffee place that's
3 going to open out front, and in two months, he's got
4 this really neat restaurant, brew -- brew or --
5 What was --
6 MR. DAVIDOFF: Like a high -end bourbon and
7 tapas place.
8 MR. BULTHUIS: Right.
9 -- place that would go in, and we met both
10 those people. They really want -- you know, just
11 like Corelli's and stuff, the -- the cafe permit,
12 you know, so that, you know, in the Art Walk, they
13 can have chairs out there like they have on
14 Main Street.
15 There's just kind of a definition decision in
16 terms of that, and that's what the Art Walk was
17 designed for. You know, so they just want to know
18 that -- you know, normally that's a staff decision,
19 but somehow that got, you know, a little bit
20 complicated because apparently the ordinance says
21 sidewalk or right-of-way, but this area is fee
22 simple property.
23 And so the decision was made at some point that
24 they couldn't do it because it's fee simple. I'm
25 saying let's just change the ordinance that says
Page 9
1 sidewalk or fee simple, and then it's a staff thing
2 because, again, that's what this was designed for.
3 And then, also, the artwork, and, you know,
4 he's got some other really neat stuff that he wants
5 to put out there, again, letting that go the way
6 he's working with the Art League to put the stuff
7 out there.
8 If we can get some of those simple things
9 solved, it'll change their feelings of -- you know,
10 of -- of what's going on because there's a feeling
11 of he can't do anything, but I -- I think if we do
12 all this --
13 And, again, this could fall apart tomorrow or
14 Wednesday, when I go back and try and do it, but it
15 would possibly get a global settlement. Everyone
16 could come out looking good in that the City would
17 be getting the parking, we'd get -- be getting
18 parking in multiple areas, they can both walk
19 away --
20 Do I feel 100 percent that they're right?
21 Absolutely not, but I can tell you, in the two
22 months that I've been here looking into this --
23 Scott has been looking into this with me -- there's
24 been a lot of -- there -- there appeared to be a lot
25 of commitments that were made and assumptions made
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and lack of inspections that caused things to get
out of kilter.
Were those legal things that would cause --
it -- that's for a court to decide, and that's why
we've been so tied up into this, and this ties into
this, which ties into this, and then this happened
that — it — it -- and it's just --
And so when I went into this, I'm like, "Guys,
okay. Take personalities out. What could we do big
scale?" you know, looking at what they want to do
all around, what could work.
So if this doesn't work, I can tell you -- and
I've told them both. I said -- and they don't know
specifically what I told the other; I just told them
both, "I'll be honest with you. I'll tell you,
'Guys, we just can't come to a resolution. We just
need to move forward in court,' or, 'Here's possibly
a way we could do this.'"
It's really where you guys want to go.
Do you -- do you want to try this?
Again, we could pay for this with ARPA and buy
the property with ARPA.
COUNCIL MEMBER BATES: It's about
3-and-a-half million?
CITY MEMBER ENTSUAH: So far.
Page 11
MR. BULTHUIS: Well, the -- the property up
here up would be about 1 and a half.
COUNCIL MEMBER PINES: The parking lot.
MR. BULTHUIS: For the parking lot.
CITY MEMBER ENTSUAH: Plus the --
MR. BULTHUIS: And then the --
For the old police department, it would be
probably 2.1.
We -- what I had to do —
MR. MANTZARIS: The old police department isn't
part of the --
MR. BULTHUIS: It's not part of it, but its
part of the plan that gets the parking --
COUNCIL MEMBER PINES: That buys the --
COUNCIL MEMBER BATES: Yeah, I get that.
MR BULTHUIS: Right.
COUNCIL MEMBER BATES: I was looking for the --
MR BULTHUIS: Right.
COUNCIL MEMBER BATES: — kind of just the
total number to --
MR BULTHUIS: The -- the -- the bottom line —
bottom --
COUNCIL MEMBER BATES: -- sort of piece it
together and make it work.
MR BULTHUIS: The — the bottom line, what I'm
Page 12
1 having to do with the 19 million from ARPA is to
2 break it down, starting with the 30 million that the
3 City got a loan for to do the Downtown and all these
4 others. You've got $10 million left of that 30.
5 The Downtown Phase 3 is going to cross
6 $7.5 million dollars of the 10. The Public Services
7 building is going to cost 15 — or 13. So we've got
8 $20 million worth of projects and $10 million cash,
9 but with using the ARPA, I can move money around --
10 COUNCIL MEMBER BATES: Is the Fire Department
11 part of that?
12 MR BULTHUIS: The Fire Department's not part
13 of that.
14 What I would do there is bond for that --
15 COUNCIL MEMBER BATES: Okay.
16 MR. BULTHUIS: -- but if you're good for that,
17 we end up using -- of the 9, part of what we can do
18 is pay for Phase 3 because of the 9, that's
19 restricted, but we could use that for water and
20 sewer on Phase 3.
21 COUNCIL MEMBER BATES: Okay.
22 MR. BULTHUIS: When I use everything up paying
23 for the Public Services and paying for Phase 3 --
24 and we have to make that decision at the next
25 meeting because, otherwise, the Public Services
Page 13
1 building goes higher, and people are expecting
2 Phase 3 to start, and we have not authorized it yet.
3 COUNCIL MEMBER BATES: Uh-huh.
4 MR. BULTHUIS: So it; you know, people are
5 thinking this is going to start soon, its not, but
6 we would end up with just over -- right around
7 $4, $4-and-a-half million is our rough number of
8 ARPA money.
9 So out of that ARPA money, we would pay the 550
10 for the Sprinkles and the 1-and-a-half for the
11 parking lot, the 200 for Patrick. We could then buy
12 the -- the police department to get that parking,
13 and then we should have some money left that we
14 could actually maybe tear the police department down
15 and actually build the parking lot.
16 1 haven't gotten that far yet, but I was trying
17 to look at a big, global, solve multiple problems at
18 once.
19 COUNCIL MEMBER BATES: I like your out -of -the -box
20 thinking, where you're going with that, you know.
21 MR. MANTZARIS: All right. Let's — but let's
22 not get too far into the other part itself. We need
23 to focus on the —
24 COUNCIL MEMBER BATES: No, we are not.
25 MR MANTZARIS: — VP Development because
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that's what we're here to talk about.
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COUNCIL MEMBER BATES: Okay.
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MR. MANTZARIS: Those other items will have to
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come back in front of the City Council at a public
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meeting to discuss, so --
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MAYOR MURRY: The proposal for the Art District
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in there and everything, and you said VP also wanted
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to extend the other block as part of the -- part of
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a settlement?
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MR. BULTHUIS: Right where Yummis is, they --
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MAYOR MURRY: Yeah.
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MR. BULTHUIS: — they want to go higher.
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MAYOR MURRY: I can't — I cannot -- I don't
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know, but I can't support that, yeah --
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COUNCIL MEMBER PINES: Yeah.
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MAYOR MURRY: — but I think --
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Was that at 65 feet, you said?
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MR. BULTHUIS: Right now, our ordinance
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allows --
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MAYOR MURRY: 55.
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MR. BULTHUIS: — 55 feet.
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MAYOR MURRY: 55.
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MR. BULTHUIS: He wants to -- what my
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understanding is, he wants to essentially leave the
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existing building, build a building over it that
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would have a restaurant and bar, a rooftop bar, and
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he -- to get that 10 feet for the rooftop bar, he
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needs that extra 10 feet.
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Part of his argument was the -- the City
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approve -- I checked with the fire department. Part
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of his argument is the City already approved
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something for a hotel or something down at the lake
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that is higher than the 65 feet, and you've done
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other, I think, hotels out on the highway or
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something that are higher as well, other buildings.
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MAYOR MURRY: As far as I know, we only had the
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one building that's been approved to go about —
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above 55 feet, and that's the hotel down here.
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COUNCIL MEMBER PINES: And they have until
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September —
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MAYOR MURRY: And they have —
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COUNCIL MEMBER PINES: -- to get started.
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MAYOR MURRY: I think they have a few months --
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COUNCIL MEMBER PINES: Yeah.
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MAYOR MURRY: -- before they -- they'd lose out
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on everything.
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COUNCIL MEMBER PINES: Yeah.
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COUNCIL MEMBER PURVIS: It also depends where
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they measure from --
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COUNCIL MEMBER PINES: Yes.
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Page 16
MR. MANTZARIS: Yes.
COUNCIL MEMBER PINES: Right, right.
COUNCIL MEMBER PURVIS: -- where they're going
with it, yeah.
MR. MANTZARIS: And on —
And on that issue, we haven't completely vetted
it, though. I had concerns about whether the
City Council can approve a 65-foot or go above the
55 feet as part of a settlement or litigation.
COUNCIL MEMBER PURVIS: Right, right.
And that's why the —
MR MANTZARIS: We've got to -- we've got to
vet that out.
COUNCIL MEMBER PURVIS: Yeah, yeah.
MR. BULTHUIS: This is all like literally last
week.
MR. MANTZARIS: Uh-huh. So we can --
So that -- of the — of what Mr. Bulthuis is
talking about, that's the one that I -- that he
probably had the most concern about how we would
accomplish that.
COUNCIL MEMBER PINES: Yes, yes.
MAYOR MURRY: Right, right.
And that's why I say I have trouble trying to
support that because I don't think we can really put
Page 17
that in to the settlement because -- and the other
part is it's just away -- also away from the -- what
the real issue there is, you know.
You're trying to bring in another piece of
property in to — in to a piece of property we're
Vying to sell, or I don't see how we can -- we can
do that.
MR. BULTHUIS: I simply asked him what would it
take.
MAYOR MURRY: Yeah. So --
COUNCIL MEMBER PINES: rm not -- I'm with the
mayor. I'm not -- 55's a —
That's -- that's where I am with that.
COUNCIL MEMBER PURVIS: Well, we all can agree
to talk about the height limitation at some point
this — this current fiscal year --
COUNCIL MEMBER PINES: And we haven't --
COUNCIL MEMBER PURVIS: — probably in a
workshop.
COUNCIL MEMBER PINES: We haven't had that talk
yet.
COUNCIL MEMBER PURVIS: Well, no, we have not
had that talk yet. I mean, we did — we did admit
that maybe we need to look at it.
MR. BULTHUIS: How tall is this other building?
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COUNCIL MEMBER PINES: It —
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City Council about it, our biggest concern was a
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CITY MEMBER ENTSUAH: Oh, thats only — that's
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global resolution and everything.
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only --
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COUNCIL MEMBER PINES: Uh-huh.
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COUNCIL MEMBER PINES: It's only, what --
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MR. MANTZARIS: So we can support that, and
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CITY MEMBER ENTSUAH: -- 20, 27 (sic)?
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support that under the understanding that, you know,
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COUNCIL MEMBER PINES: — two stories.
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that it's moving towards getting -- ending, which is
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Two-story.
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what, I think, the main goal was.
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CITY MEMBER ENTSUAH: Oh, maybe. Nowhere near.
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MR. BULTHUIS: I was -- I was --
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COUNCIL MEMBER PINES: Yeah.
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MR MANTZARIS: The second piece is —
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COUNCIL MEMBER PURVIS: City Hall is 55.
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I'm Sorry.
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CITY MEMBER ENTSUAH: Okay, okay.
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MR. BULTHUIS: Well, I can tell you without the
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COUNCIL MEMBER PURVIS: That's the --
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building -- if I -- if I go back and say the
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CITY MEMBER ENTSUAH: Well, Scott --
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building is not part of it. We can't do it other
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MAYOR MURRY: Crane's Landing is being denied,
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than we'll comp staff or support it, and I said 250.
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even though its four-story, five -story. It's
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I mean, he wanted 315.
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155 feet.
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So his request was 315, plus the building.
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It looks -- it looks on our end, the way it
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MR. MANTZARIS: What do you mean? the ext
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was -- I would say the way it was built, but when
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10 feet?
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they came in here, it was one of the biggest
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MR. BULTHUIS: Yeah, the extra 10 feet.
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discussions, and it was less than 55 feet,
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He wanted 315, plus the -- the 10 feet. I was
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MR- MANTZARIS: Again, I would just point out
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going to come back at the extra 10 feet and 250. So
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to the City Council, as you're talking about this
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I -- you know, because originally he wanted 400.
23
potential settlement here, I don't think you can
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So I -- and that's where we got stuck.
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settle that as far as --
24
So, again, I -- and I'm not just -- you know,
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MAYOR MURRY: Yes.
25
because it's still money, do you want to go higher
Page 19
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MR. MANTZARIS: I think the best you could do
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is to say that staff would support, I think, but you
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can't -- it's still going to require a substantive
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public hearing at some point to do that, so --
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And it may be something that -- Mr. Purvis
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And that might be the best you could offer on
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approval of that. I guess it has to do with the
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zoning and variance issues.
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So I think what we're looking for right now,
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Mr. Bulthuis has spelled out a general plan to
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settle this piece of it off. I think while we read
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it -- well, I guess I can ask. There's been
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essentially four big elements to it. There's the --
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the offer of $200,000 that would go from
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VP Development.
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And just on that note, remember the last time
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we had discussions we -- we said if Council was at
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125 -- we did make a 125 offer. There was
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discussion about 150. When we talked to the
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Page 21
than the --
Do you want to go to the 315? And for the
whole global thing —
Now, when I say 315, Jason has agreed to pay
50. So the -- the 315 -- so for us, it would be,
what, 360 or 265?
COUNCIL MEMBER PURVIS: I support the concept
without the commitment for the 65 feet in variance
at this point. I really am concerned about the
2 million for the police department, but that's not
part of this.
MR. BULTHUIS: And that's not part of this, no.
COUNCIL MEMBER BATES: And how much is it
again?
1.5 --
MR BULTHUIS: For the parking lot --
COUNCIL MEMBER BATES: -- for the parking lot?
MR. BULTHUIS: For the parking -- the --
Jason would get 1.5 for the parking lot. The
police department is 2 million.
COUNCIL MEMBER BATES: Yeah. No.
MR BULTHUIS: Right.
COUNCIL MEMBER BATES: I'm talking about the —
MR. BULTHUIS: Right.
COUNCIL MEMBER BATES: -- just the parking lot,
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the 1.5.
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Now --
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MR. BULTHUIS: Now, the only other thing that's
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out there that I — I'm not sure where it fits or
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know if they're going to -- people are going to ask
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for legal fees.
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COUNCIL MEMBER BATES: Uh-huh.
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MR. BULTHUIS: And my kind of position is, no,
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this is everything.
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COUNCIL MEMBER BATES: Uh-huh.
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COUNCIL MEMBER PINES: One quick question.
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The parking lot, does that include the grass
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area?
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MR BULTHUIS: Yes.
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COUNCIL MEMBER PINES: That whole property?
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MR BULTHUIS: Yes, yes, yes.
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COUNCIL MEMBER PINES: That's fine.
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COUNCIL MEMBER BATES: So he is retaining some
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spaces —
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CITY MEMBER ENTSUAH: Just that small --
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COUNCIL MEMBER BATES: -- on the south side,
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right?
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MR. BULTHUIS: Yeah. The -- the grass area
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here would become ours --
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COUNCIL MEMBER BATES: Right. —
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MR. BULTHUIS: — and this would become ours.
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The line would be right here.
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COUNCIL MEMBER BATES: Okay.
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MR. BULTHUIS: So all these parking spots would
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be ours, along with this area right behind Patrick,
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and thats what gives him the access.
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COUNCIL MEMBER BATES: How many spots are
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there? And just ballpark.
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MR. BULTHUIS: That —
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MR. MANTZARIS: Its like 40.
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COUNCIL MEMBER BATES 40.
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MR. MANTZARIS: 40 and change.
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COUNCIL MEMBER BATES: And how many employees
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does Patrick have in there? any idea?
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COUNCIL MEMBER PURVIS: He has none right now.
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MR. BULTHUIS: No.
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COUNCIL MEMBER PURVIS: No. I mean —
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MR BULTHUIS: Patrick —
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MAYOR MURRY: Yeah. It can't be that many.
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And then —
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COUNCIL MEMBER PINES: No, its not.
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COUNCIL MEMBER BATES: No. Again, were paying
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for a parking lot for Patrick is what I was really
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getting at.
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Page 24
COUNCIL MEMBER PURVIS: Well, we're actually
paying for a parking lot in lieu of a parking
garage.
MAYOR MURRY: Well, yeah.
COUNCIL MEMBER PINES: Yes.
COUNCIL MEMBER BATES: That's what I was going
to say, yeah.
MAYOR MURRY: Well, and the good thing about
this — and you're right. We -- when you look at
all -- all the funds we're spending here, yes, this
seems a little high, but I think we'll still come
out with all of the parking we need --
MR- BULTHUIS: Uh-huh.
MAYOR MURRY: — with all the parking we need,
without having -- and saving more than half of the
costs.
COUNCIL MEMBER BATES: Way more than half.
MR. BULTHUIS: It's a way for us to --
MR. MANTZARIS: Right. It helps you move in
the decision regarding the value --
MR. BULTHUIS: Right.
MR. MANTZARIS: — is that this was a location
that was identified by your consultant.
COUNCIL MEMBER BATES: Number one.
MR. MANTZARIS: So it's always about —
Page 25
It's the same thing. It's the location,
location, location.
MAYOR MURRY: I mean, I have no problem moving
all that. I'd only -- I mean, I had talked Brian
about it before, and I still expressed concern we're
going back and buying a piece of property we used to
own.
COUNCIL MEMBER PINES: Oh.
MR. MANTZARIS: Yeah. And I would --
Again, I'd ask you -- let's keep --
CITY MEMBER ENTSUAH: That is a piece of
property I have no problem with owning.
MAYOR MURRY: Well, please, I would love to do
that, but I cannot say -- like Mr. Purvis, I can- --
I just can't support the 10 feet extra here.
COUNCIL MEMBER PINES: Yeah. I'm with you.
MAYOR MURRY: And -- and --
MR. MANTZARIS: So here, I'll do this.
MAYOR MURRY: Because I don't think -- I — I
really don't -- Mr. Mantzaris, like he said, he'll
go back and research it and everything. I really
don't think we can include that because you —
MR. BULTHUIS: I'm just bringing what he said.
I wanted you to hear it.
COUNCIL MEMBER PURVIS: Uh-huh. So --
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MR- BULTHUIS: Dan and I haven't had really a
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chance to even talk about this, though.
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COUNCIL MEMBER PURVIS: -- clarify the 10 feet
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for me a little bit. I'm a little confused.
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MR. BULTHUIS: So on -- where the Yummis
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building is, Dan --
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COUNCIL MEMBER PURVIS: Oh, yeah.
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MR. BULTHUIS: -- you're going to have to take
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another picture.
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COUNCIL MEMBER PURVIS: Okay. I thought you
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were talking about the rear access.
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MAYOR MURRY: No. He's talking about a
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picture, yeah.
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COUNCIL MEMBER PURVIS: Yeah. I didn't --
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MAYOR MURRY: They were just --
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COUNCIL MEMBER PURVIS: We can't include that
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as part of the settlement offer.
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COUNCIL MEMBER PINES: No, no. It --
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COUNCIL MEMBER BATES: Well, he's asking 3- —
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What, 315, you said?
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MR. BULTHUIS: Yeah. That --
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MR. MANTZARIS: So we know, so here's where we
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are. You know, Brian wanted -- we wanted to bring
23
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it back to really get a feel how -- where you were.
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Brian went to them and said, "What do you
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want?" He came back at 315. That obviously doesn't
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mean that's his final number. I think he's thinking
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what your final number is.
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MAYOR MURRY: No, we don't. No.
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MAYOR MURRY: Because we don't have that kind
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we're going to be in a better state than we are
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right now.
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MAYOR MURRY: Huh?
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COUNCIL MEMBER PURVIS: That's for sure.
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MAYOR MURRY: Oh.
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COUNCIL MEMBER PURVIS: You know, I would
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suggest that we at least give Brian enough latitude
to play with the numbers --
COUNCIL MEMBER PINES: Uh-huh.
COUNCIL MEMBER PURVIS: -- up to maybe 350.
CITY MEMBER ENTSUAH: I'm okay with that.
COUNCIL MEMBER BATES: I would agree with th
COUNCIL MEMBER PURVIS: That's exactly what I
was thinking.
COUNCIL MEMBER ENTSUAH: Yeah.
MR. BULTHUIS: 350 from us and 50 from --
COUNCIL MEMBER PURVIS: Jason.
CITY MEMBER ENTSUAH: Yeah.
MAYOR MURRY: We have funding for that, right?
MR. BULTHUIS: We've still got --
MAYOR MURRY: Okay. Well, I mean, I was
looking through the numbers you were throwing out
earlier, and I find it very close. They're tight.
MR. BULTHUIS: Yeah. It's like -- its --
We've got about maybe 4, 4-and-a-half million
in ARPA funds --
MAYOR MURRY: Uh-huh.
MR. BULTHUIS: -- that we can spend on this.
MAYOR MURRY: Uh-huh.
MR. BULTHUIS: And so none of it comes out of
the general fund.
Page 29
MAYOR MURRY: I mean, and then when you say
"this," you're talking about the settlement here for
that piece of property --
MR. BULTHUIS: Yep.
MAYOR MURRY: -- and you take care of Jason --
MR. BULTHUIS: Yep.
MAYOR MURRY: -- VP Development --
MR. BULTHUIS: Yep.
MAYOR MURRY: — and the police department and
everything?
MR. BULTHUIS: Yep.
MAYOR MURRY: But that doesn't even include the
funding for upgrading the parking lot?
COUNCIL MEMBER PURVIS: That's minimal, really.
COUNCIL MEMBER BATES: Right.
MR BULTHUIS: And -- and I'll have --
COUNCIL MEMBER PURVIS: Just park on the
grass --
MR. BULTHUIS: I'll have --
COUNCIL MEMBER PURVIS: -- for a while.
MR. BULTHUIS: I'll have to see what that's
going to cost.
You're talking 2 and 1-and-a-half --
CITY MEMBER ENTSUAH: Right.
MR. BULTHUIS: —and 4.
8 (Pages 26 - 29)
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MAYOR MURRY: Okay.
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COUNCIL MEMBER PURVIS: Okay. We don't even
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COUNCIL MEMBER PURVIS: Yeah.
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MR. BULTHUIS: — I believe its --
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no-brainer --
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COUNCIL MEMBER BATES: All right. I'm with
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Jim.
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COUNCIL MEMBER PURVIS: -- if you can make it
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fly.
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COUNCIL MEMBER PINES: Yeah.
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MR. MANTZARIS: Okay. So what we --
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MR. BULTHUIS: You know, are we good on the
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the art and —
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change, we have to change it, and I think I've
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already said say that they can have sidewalk,
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cafd use of the sidewalk, and they can't exceed
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MR. MANTZARIS: And, if I may, that's an
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MAYOR MURRY: Right, uh-huh.
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MR. MANTZARIS: -- that we think could be made
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MAYOR MURRY: All right. Okay.
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MR MANTZARIS: -- if that makes any sense.
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MAYOR MURRY: Okay.
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COUNCIL MEMBER PINES: Yeah.
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MAYOR MURRY: So I don't understand what the
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difference between the sidewalk --
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MR. MANTZARIS: Okay.
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MAYOR MURRY: — and whatever you were talking
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about is.
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MR. BULTHUIS: Okay. Then we'll do that.
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MR. MANTZARIS: It's not — and its not —
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its not a sidewalk right now.
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MAYOR MURRY: Yeah, uh-huh.
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MR. MANTZARIS: It's not.
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MAYOR MURRY: Okay. Yeah. So I would probably
that -- yeah. That -- I don't know.
MR- BULTHUIS: We'll make that internally —
MR. DAVIDOFF: Art.
MR. BULTHUIS: —the art.
COUNCIL MEMBER PINES: Uh-huh.
MR. BULTHUIS: We do have --
Getting it not to come back to council. Okay?
COUNCIL MEMBER PINES: If it clears this mess
out, I'm good with that.
COUNCIL MEMBER PURVIS: Does that change the
current in -place requirement that he still has to
bring his proposed artwork -- work back?
MR. BULTHUIS: No.
MR. MANTZARIS: The mural ordinance says you're
not, but it requires you to come back to --
MR. BULTHUIS: But I would be taking that and
getting rid of that.
MR. MANTZARIS: And that's whether it's him or
anybody else, where we could change the mural --
MR. BULTHUIS: It would go back to it was a
staff thing.
COUNCIL MEMBER PURVIS: Did he ask for that?
MR. BULTHUIS: He's trying to get everything
resolved because right now —
Page 33 !I
COUNCIL MEMBER PURVIS: He just wants to get
everything.
MR. MANTZARIS: Right. So — so, again,
we're --
And, Brian, you and I can talk about that.
That length, the height of the building, the issue
is a code provision that we would either have to
change or grant or follow or grant some variances.
COUNCIL MEMBER BATES: I'll just leave that out
totally for the time being.
COUNCIL MEMBER PINES: Yeah, leave it out.
COUNCIL MEMBER BATES: That's my suggestion.
COUNCIL MEMBER PINES: Nothing to -- exactly.
COUNCIL MEMBER PURVIS: That's not a bad --
COUNCIL MEMBER PINES: No, nonnegotiable.
MAYOR MURRY: You're talking about the art --
COUNCIL MEMBER PURVIS: Uh-huh.
MAYOR MURRY: You're talking about the art
reg- — or ordinance?
MR. MANTZARIS: He's talking about the murals.
COUNCIL MEMBER PURVIS: The murals.
COUNCIL MEMBER BATES: The murals.
MAYOR MURRY: He's talking about the murals.
Right. The Art Walk.
COUNCIL MEMBER PURVIS: Yeah. I mean,
9 (Pages 30 - 33)
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you know, for all we know, he's going to bring back
two strippers on a pole.
COUNCIL MEMBER PINES: Oh, my.
MAYOR MURRY: Leave that out.
We were talking about leave that out, but we
want to go ahead and put in the sidewalk and dining?
COUNCIL MEMBER PURVIS: Yeah, yeah.
I'm okay with the sidewalk.
MR. MANTZARIS: I think we have --
You've got enough direction?
Okay. All right. Okay.
COUNCIL MEMBER PINES: Good? Done.
MR. MANTZARIS: Okay. That's it.
Thank you. I took a picture of what I was
showing before.
(Proceedings concluded at 11:07 p.m.)
Page 35
CERTIFICATE OF REPORTER
STATE OF FLORIDA )
3 )
COUNTY OF LAKE )
4
5
6 I, ANGELINA ROSANIA, Notary Public, State of
7 Florida, I was authorized to and did report the
8 foregoing proceedings; and that the transcript, pages 4
9 through 35, is a true and accurate record of my notes
10 and audio notes.
11
12 1 FURTHER CERTIFY that I am not a relative, or
13 employee, or attorney, or counsel of any of the parties,
14 nor am I a relative or employee of any of the parties'
15 attorney or counsel connected with the action, nor am I
16 financially interested in the action.
17 Date,' '' ' "' "" ' 2022.
18
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21 ANGELINA ROSANIA
22
23
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Page 36
1 CERTIFICATE OF TRANSCRIPTION
2
3 I, COURTNEY N. LANGHOFF, Notary Public, State of
4 Florida, certify that I stenographically transcribed the
5 notes and audio of ANGELINA ROSANIA of the foregoing
6 proceedings and that the foregoing transcript, pages 4
7 through 35, is a true transcript of said notes and audio
8 to the best of my ability.
9 I further certify that I am not a relative,
10 employee, or attorney, or counsel of any of the parties,
11 nor am I a relative or employee of any of the parties'
12 attomeys or counsel connected with the action, nor am I
13 financially interested in the action.
14
15 DATED this 4th day of February, 2022.
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COURTNEY N. LANGHOFF, RMR, CRR, FPR-C
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Veritext Legal Solutions
800-726-7007 305-376-8800
[member - pines]
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800-726-7007 305-376-8800
[pines - solves]
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800-726-7007 305-376-8800
[soon - west]
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Veritext Legal Solutions
800-726-7007 305-376-8800
thought 26:10 use 5:1912:19,22
totally
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Veritext Legal Solutions
800-726-7007 305-376-8800
[word - zoning]
word 5:20
work 6:2410:11,12
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working 9:6
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workshop 17:19
worth 12:8
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Veritext Legal Solutions
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