01-23-2007 Regular MeetingCity of Clermont
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REGULAR COUNCIL MEETING
JANUARY 23, 2007
The Clermont City Council met in a regular meeting on Tuesday, January 23, 2007 in the Council
Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following
Council Members present: Council Members Mullins, Goodgame, Hogan and Berlinsky. Other City
officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris,
and City Clerk Ackroyd.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
Robert Bowman, 341 Montrose Street, presented the first issue of Focus Magazine which is available to
everyone and commented on the Downtown Partnership's new website which is
www Clermontdowntownpartnership.com He announced the new President is Jim Shira and invited
businesses to be active in the Downtown Partnership.
Susie Gibson, 12310 Sunshine Drive, requested the elected officials attend the ribbon cutting at the Park n
Ride on Hwy. 27 at 7:15am on January 29 for Lynx bus service. Susie noted the rider-ship needs to
increase or may not receive the next grant. She also noted the Clermont Women's Club is on the historic
register and advised on problems with the lights and requested an electrician check it out.
Mr. Robinson, Elite Car Wash Manager, requested a rebate on impact fees.
Mayor Turville instructed staff to review for recommendation and place on a Council agenda for
consideration.
Gail Ash, 3912 Payton Court, commented on disparaging remarks made about her in opposition to being
appointed to the Planning & Zoning Commission.
Bill Banzhaf, 931 W. Montrose, expressed enthusiasm with changes to the Downtown Partnership.
Mayor Turville asked City Manager Saunders if there are homeowners interested in national registry
classification.
City Manager Saunders replied he could look into the types of opportunities available in establishing a
historic district instead of individual homes.
REPORTS
City Manager Saunders scheduled a workshop on Thursday, February 1 at 6:OOpm to meet with CT Hsu
regarding the Community Center. Also, Council scheduled a retreat to discuss long range issues on
Monday, February 19 at 9:OOam in the Council Chambers.
Mr. Saunders met with Jim Stivender providing an update on road projects in south Lake County.
City Attorney Mantzaris - No report
Council Member Hogan - No report
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Council Member Goodgame also reported on several road projects including the traffic light at
Hancock Road and Johns Lake Road to be operational by August 2007. Also, the City will begin
collecting garbage on the east side of the City on February 5.
Council Member Mullins commented on the Myregion.org "How shall we grow" program.
Council Member Berlinsky - No report
CONSENT AGENDA
Mayor Turville 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-Plat Approval -Hancock Town Centre Plat approval of Hancock Town Centre, a
commercial development located south of Hwy
50 at the NE intersection of Hooks Street and
Hancock Road
Item No. 2 -Memorandum of Understanding
Approval of a MOU between the City and the
Florida League of Cities Technology Services
Division to assist with the selection process for
the IT Supervisor position
Item No. 3 -Plan Approval Tuition Assistance
Approval of the Tuition Assistance Plan for
Paramedic and Firefighters Training
Council Member Goodgame moved approval of the consent agenda; seconded by
Council Member Mullins. The motion passed with all members present voting "aye".
UNFINISHED BUSINESS
Resolution No. 1501-Hancock East
Mayor Turville read Resolution 1501 aloud by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW
FOR A BUSINESS CENTER DEVELOPMENT WITH PROFESSIONAL OFFICE
AND COMMERCIAL WITH MORE THAN 20,000 SQUARE FEET AND SHARED
PARKING.
Jim Hitt, Planning Director, reported on the request for a conditional use permit to allow for a business
center development with Professional Office and Commercial with more than 20,000 square feet and
shared parking. The development is located east of Hancock Road, south of S.R. 50 and north of Hooks
Street right of way. The proposed development will consist of 9.86 acres with individual office and
commercial buildings surrounded by one common parking area. The uses will be compatible with the C-
2zoning district, and as outlined in the development agreement between Hancock Fifteen, LLC and the
Hills of Clermont Homeowners Association. The project is being requested to be phased and
construction of Hooks Street is completed as follows:
City of Clermont
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• Hooks Street shall be constructed from Hancock Road to the east boundary of Phase 1 before any
certificates of occupancy are issued for Phase 1.
• Hooks Street shall be constructed from the east boundary of Phase 1 to the east boundary of
Phase 2 before any certificates of occupancy are issued for Phase 2.
The area surrounding the property has continued to undergo changes with the development of commercial
and office uses south of Highway 50, as well as continued population growth in the south Lake County
area. The property meets the Land Use criteria for commercial development, and the proposed use is
compatible with the surrounding uses. Staff recommended approval.
The applicant, Rick McCoy, 713 W. Montrose, was present and available for questions. He noted the
layout had been modified. The developers were also present.
Mayor Turville opened the public hearing; there were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame questioned what part of Hooks Street are they responsible for building.
City Manager Saunders stated to construct from Hancock Road to the eastern part of Phase 1 before
receiving the certificate of occupancy on Phase 1 and then construct the next piece before obtaining the
certificate of occupancy on Phase 2.
Mayor Turville commented on needing a portion of roadway to access the property.
City Manager Saunders advised the first piece of the road will be built when doing Phase 1 and then when
they move into Phase 2, the second road will be built unless the County decides to do it all at once. The
cost of building the road will probably exceed building impact credits. Furthermore, he thought this was
a good alternative to have the first piece built as constructing the first phase.
Council Member Goodgame noted he would raise this issue at the next MPO meeting.
Council Member Mullins moved adoption of Resolution 1501; seconded by Council
Member Goodgame. The motion passed with all members present voting, "aye".
Mayor Turville noted Resolution No. 1513 has been requested to be postponed until the February 27
Council meeting. The notice to the surrounding property owners did not have the correct date for the
Planning and Zoning Commission meeting last month.
Council Member Mullins moved to table Resolution 1513 to February 27; seconded by
Council Member Berlinsky. The motion passed with all members present voting, "awe".
Variance Request -Bella Lago
Curt Henschel, Planner, provided information on the variance request to eliminate the requirement for a
sidewalk along US 27, south of Citrus Tower Blvd and North of Kings Blvd. This request was tabled at
the December 12 meeting with a suggestion to establish a mechanism for developers to contribute to a
sidewalk fund when required sidewalks are eliminated for various reasons. A separate account can be
established to track sidewalk fund contributions. The City Council approves a list of sidewalk projects on
an annual basis that can be funded in part by these contributions. Our Engineering Department has
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recommended a fee of $2.85 per sq. ft. with a 20% contingency. The fee for Bella Lago would be
$23,940. Recommendation is for approval with a contribution to the Sidewalk Fund of $23,940.
The applicant was present, Joel Martin from Schmid Construction. He advised of having a figure of
$12,267 to construct the sidewalk.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Mayor Turville stated if they can do it for less, the Council may want to consider denying the variance.
Council Member Goodgame moved denial of the request and let the contractor o with
their plan; seconded by Council Member Hogan•
Under discussion, Council Member Mullins questioned what we would receive for denying the request.
Mayor Turville replied the City would have a sidewalk for 4 to 5 years.
Mr. Martin advised the sidewalk would not connect to anything for quite sometime.
The motion passed 4 to 1 with Council Member Mullins opposing
Mayor Turville noted the next two items would be heard concurrently.
Ordinance No. 57l -M Final Hearing
Mayor Turville read Ordinance 571-M aloud by title only.
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION
OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY
BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILTTY; AND PROVIDING FOR PUBLICATION.
Ordinance 572-M Final Hearing
Mayor Turville read Ordinance 572-M aloud by title only.
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
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR
PUBLICATION.
Barbara Hollerand, Planner, reported on the annexation and rezoning of a .86 acre parcel located at 10740
US Hwy. 27. The property is an enclave, surrounded by Kings Ridge on the north, south, and east and
from Legends, across U.S. 27, to its west. The property has C-1 zoning in the County and is requesting a
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rezoning to C-1 in the City. The Lake County future land use of Urban Expansion is sufficient to develop
the parcel as a commercial property. However, as with all annexations, the owner will be required to
apply for a comprehensive plan amendment during the City's next amendment cycle. The property is
within the City's Joint Planning Area and is contiguous to the City on all sides. Annexations of enclaves
are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Staff recommended
approval of the annexation and rezoning.
The applicant was not present.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame moved approval of Ordinance 571-M; seconded by Council
Member Mullins. The motion passed on a roll call vote 5 to 0 with all members present
voting "aye".
Council Member Mullins moved approval of Ordinance 572-M; seconded by Council
Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members
present voting_"aye".
Utility Agreement -Lake County School Board
Darren Gray, Assistant City Manager, reported on the request to amend the water and sewer agreement
approved on November 14, 2006. The project is a proposed middle school. This was postponed from the
last meeting due to questions regarding school building height. The project has to be developed to the
Joint Planning Area Land Development Regulations. He reviewed the proposed amendments. If the
utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when
legally appropriate. The project will therefore be developed pursuant to the utilities service agreement.
The applicant, Sean, project manager, was present. He brought a design model and renderings of the
project. He spoke about the background on the design concept to work with the topography of the site.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, questioned the location of the air conditioning equipment.
Bill Banzhaf, 932 W. Montrose, complimented this project and requested approval.
Cindy Barrow, Lake County School Board Member District 3, commented they have worked hard on the
design with a lot of consideration of the hills and requested moving forward.
The applicant stated the air conditioning equipment is eliminated from view in an enclosed brick room.
Coqui Whitehead, 837 Soh Street, commended the topography being taken into consideration.
Mayor Turville closed the public hearing.
Council Member Goodgame questioned the entrance to the school not having a left turn lane.
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Jay Klima, Civil Engineer for project, advised of not having a need for a left turn lane due to preferring to
have buses come in from the north. There will be turn lanes at the main entrance. The only parking on
the west side is for faculty and buses.
Council Member Goodgame asked Mrs. Barrow to encourage a left turn lane.
Jerry Barker, Director of Facilities and Design, noted he and the Transportation Director discussed having
the buses routed a specific way to not need a left turn lane. The goal is to have the school open in 2008.
Council Member Goodgame moved acceptance of the agreement with Lake County
School Board• seconded by Council Member Hogan. The motion passed with all
members present voting "aye".
Mayor Turville noted the next two items would be heard together.
Resotution No. 1509 -Home Depot
Mayor Turville read Resolution 1509 aloud by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW
FOR A RETAIL STORE OVER 20,000 SQUARE FEET.
NEW BUSINESS
Variance Request -Home Depot
Jim Hitt, Planning Director, reported on the request for a Conditional Use Permit to allow for a retail store
over 20,000 square feet. The development consists of a Home Depot home improvement store consisting
of 129,748 square foot building. The site is approximately 9.95 acres and is within the Clermont Town
Center, which is located on the northeast corner of State Road 50 and Oakley Seaver Drive. The site is
fully developed and was part of the Conditional Use Permit which was approved by Resolution 1128 and
amended by Resolution 1235 and 1239. These permits contained variances for the building square feet,
and a reduction in parking from 649 down to 645 for the overall site. All other conditions and variances,
per these conditional use permits remain in effect for the overall Clermont Town Center Site. The two
proposed variances are parking space reduction of 17 spaces to be used for outside delivery and storage
and a ten (10) foot high screen wall for outside storage in the rear of the building. Staff recommended
approval of both variances and the Conditional Use Permit provided the conditions are met. Mr. Hitt
reviewed the conditions. The Planning and Zoning Commission recommended approval. He also noted
there is an active code enforcement case with Home Depot.
Jimmy Crawford, Attorney with Gray Robinson, was present to represent Home Depot. He advised he
has worked with staff for a year on these provisions and mirrored the Conditional Use Permit as Lowe's
and is in agreement with staff's recommendations.
Mayor Turville opened the public hearing.
Bill Banzhalf, 931 W. Montrose Street, spoke in favor of Home Depot's request.
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Terry, Oak Park Assisted Living Activities Director, 650 E. Minnehaha, spoke in favor of Home Depot
being a valuable part of the community. They have done projects free of charge for their residents.
Jim Purvis, 4206 Hammersmith Drive, spoke on behalf of the Code Enforcement Board indicating the
board has been ignored when Home Depot was found in violation of their Conditional Use Permit (CUP).
The fine is excess of $100,000 at $250 per day. Mr. Purvis referred to their CUP as a Consumptive Use
Permit and clarified he meant to say a Conditional Use Permit.
Dave Outlaw, 3830 Fallscrest, questioned the reduction in parking spaces.
Jimmy Crawford addressed the only issue of non compliance is the tool rental area. In August 2004,
Home Depot hired a contractor, pulled a permit and received a certificate of occupancy. The City did not
comment on the tool rental building. Therefore, Home Depot did not willfully violate the code and
indicated this is more appropriate for a Code Enforcement Board hearing.
Mayor Turville questioned propane tanks allowed in the original Conditional Use Permit.
Mr. Crawford advised it has been labeled as a storage area and has not been a subject of the Code
Enforcement Board. Furthermore, he suggested landscaping up front.
Angel Aponte, Store Manager of Clermont Home Depot, explained the operations of the new exchange
program for gas propane grills.
Council Member Goodgame commented the new system is an improvement to the old system.
Mr.. Aponte remarked they have not been without propane gas since converting to this system which is
linked to Amerigas. It was put into place in October 2006.
Council Member Mullins suggested a planter instead of a concrete wall to hide the carts.
Mr. Crawford concurred with the suggestion.
Council Member Berlinsky declared an ex parte communication with Jim Purvis. He questioned Mr.
Purvis on the board taking a position on this issue.
Jim Purvis stated the case has been brought up due to the Code Enforcement Officer providing the board
with a report on the progress of cases coming into compliance. The report showed this was an open issue
with the fine increasing. He clarified his statement on behalf of the board is to impress they still stand
behind the decision.
Council Member Berlinsky stated he was advised by City Attorney Mantzaris that Council should
disregard the issue of non compliance and the ongoing fine.
City Attorney Mantzaris clarified that when referring to the Conditional Use Permit application, it should
stand on its own merit based on information provided. There is not anything that will change the current
status of the code enforcement lien.
Council Member Goodgame showed photos he had taken of Home Depot in July 2006 and commented on
items stored outside of the building.
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Mr. Crawford noted the items have been removed in the last 90 days and remarked on a letter received
from the City Attorney.
Jack Hogan questioned what will happen to the code lien if the Condition Use Permit is approved.
City Attorney Mantzaris stated, if approved, it will bring the code lien into compliance and the fine will
stop running and the lien will exist.
Mr. Crawford remarked they have been dealing in good faith since December last year and in compliance
for more than a month except for rear storage.
Mayor Turville voiced concern with unsupervised activity around the gas bottles and suggested moving
the gas tank storage to another location.
Angel Aponte explained the gas storage has to be hooked up to a computer line into the building and there
is not another way to safely run conduit other than its current location. This is a new display format.
Mr. Crawford noted it is similar to a vending machine and they are protected by a no parking area.
Council Member Berlinsky recommended planters; Mr. Crawford agreed.
Mayor Turville questioned whether Home Depot would perform better with this Conditional Use Permit.
Mr. Crawford acknowledged this is a better Conditional Use Permit to comply with.
Council Member Goodgame requested a gate be placed to prevent people from driving in the rear left
hand storage area.
City Manager Saunders remarked on a cross access agreement allowing traffic to move back and forth
through the area which is typical with these types of stores.
Mr. Crawford suggested signage or temporary gates utilized when loading and unloading.
City Manager Saunders clarified two lanes allows traffic between the building and storage.
Council Member Goodgame questioned whether the tool rental facility is a code violation after tonight.
City Manager Saunders stated the Conditional Use Permit requires they replace it with decorative fencing.
City Attorney Mantzaris advised it continues to be a violation until they comply therefore $250 per day
will continue until they comply.
Council Member Mullins moved adoption of Resolution 1509 to include planters in front
of thetas tank storage area and a front wall for carts under General Conditions; seconded
by Council Member Goodgame. The motions passed all members present voting "aye".
Council Member Mullins moved to grant the variances; seconded by Council Member
Berlinsky. The motion passed with all members present voting "aye".
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Resolution No. I SI2 -Carpenter
Mayor Turville read Resolution 1512 aloud by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW
FOR ARETAIL/PROFESSIONAL OFFICE BUILDING TO BE LARGER THAN
3,000 SQUARE FEET.
Curt Henschel reported on the request for a Conditional Use Permit for aretail/professional office
building to be larger than 3,000 square feet. The applicant intends to establish a new professional office
and retail building located on a vacant parcel on Montrose Street. Per city code, a building that exceeds
3,000 square feet and is constructed within the Central Business District is required to obtain a
conditional use permit. The development plan consists of a two (2) story building with approximately
7,400 square feet to be used for office and retail use. Parking will be constructed to the rear of the
building and will accommodate the required number of parking spaces. Staff recommended approval.
Sandy Carpenter, owner/applicant, was present and available for questions.
Mayor Turville opened the public hearing.
Hope Lamb, 519 Mar Nan Mar, noted Mr. Carpenter had the historic home that was on the property
relocated. She spoke in favor of the request.
Robert Bowman spoke in favor of the request.
Susie Gibson also supported the request.
Mayor Turville closed the public hearing.
Council Member Mullins encouraged having three (3) retail stores on the street level.
Council Member Good~ame moved approval of Resolution 1512• seconded by Council
Member Berlinsky. The motion passed with all members present voting "aye".
Ordinance No. 573-M Introduction
Mayor Turville read Ordinance 573-M aloud by title only.
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE
COLLECTION FRANCHISE TO COMMERCIAL CARTAGE, INC. PROVIDING
FOR THE TERM OF FRANCHISE AND FOR THE COLLECTION OF GARBAGE
WITHIN THE CITY OF CLERMONT.
Council Member Mullins moved introduction of Ordinance 573-M; seconded by Council
Member Goodgame. The motion passed with all members present voting "aye".
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Council/Mayoral Appointment
City Manager Saunders briefed Council on the appointments to various boards.
Council Member Berlinsky reported a telephone conversation with Jim Purvis in which disparaging
comments were made about particular citizens requesting appointments to City boards. Mr. Berlinsky
expressed concern with Mr. Purvis disclosing information to Council Members.
Council Member Goodgame noted he met with Mr. Purvis and talked about Bella Lago.
Council Member Hogan clarified he talked to others to find out more information about those applying
for the various boards.
Jim Purvis explained the telephone conversation with Council Member Berlinsky.
Mayor Turville noted there are two (2) requests for reappointment to the Planning and Zoning
Commission from David Pape and Elwood Treadwell.
Council Member Mullins moved to reappoint David Pape and Elwood Treadwell•
seconded by Council Member Berlinsky. The motion passed 4 to 1 with Council
Member Hogan opposing.
Council Member Mullins recommended appointing Cuqui Whitehead, Gail Ash and Wade Boyette to the
Planning and Zoning Commission.
Council Member Goodgame commented that Bill Gray is an architect and serves as the head of the
architectural committee at Kings Ridge.
Mayor Turville and Council Member Berlinsky agreed with Council Member Mullins recommendation.
Council Member Hogan recommended Mrs. Whitehead, Mr. Gray and Mr. Boyatt.
Council Member Mullins moved to appoint Gail Ash, Cuqui Whitehead and Robert
Bo~att; seconded bX Council Member Berlinsky The motion passed 3 to 2 with Council
Members Goodgame and Hoo~;an op~osing_
City Manager Saunders reported the Code Enforcement Board is a 7 member board serving 3 year
staggered terms.
Council Member Goodgame moved to reappoint L. V. Booker and William Gray to the
Code Enforcement Board: seconded b Council Member Mullins. The motion passed
with all members resent voting_"aye".
City Manager Saunders stated the Community Redevelopment Agency has one seat open for a one year
term and the other seat is a 4 year term. Charlene Forth requested reappointment and received new
appointment requests from Mary Jo Pfeiffer, Gerard Brennan, Bill Banzhaf and Bob Bowman.
Council Member Berlinsky suggested Mr. Bowman for the 4 year term and Mrs. Forth for the 1 year
term.
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Council Member Mullins moved to appoint Bob Bowman to the 4 year seat; seconded by
Council Member Berlins The motion passed with all members present voting "aye".
Council Member Goodgame moved to appoint Mary Jo Pfeiffer to the one year term;
seconded by Council Member Mullins.
Under discussion, Mayor Turville preferred a representative from the residential side of downtown.
The motion passed 4 to 1 with Mayor Turville opposing.
City Manager Saunders advised the Parks and Recreation Committee is an advisory board with no limits
on membership and appointments are made by the Mayor. Al and Basha Schlazer requested
reappointment and new appointment requests were received by Gerard Brennan, Jamie Hanja, Ammon
Smith, Nikki Tulyag and Avar Tulyag.
Council Member Mullins recommended having all those who applied for any committee and was not
appointed be approached to serve on the Parks and Recreation board.
Mayor Turville appointed all of those who applied for Parks and Recreation and asked City Manager
Saunders to contact those who were not assigned to other boards if they would like to serve on the Parks
and Recreation committee.
The City Council reviewed the current outside agency representative liaisons which includes:
Cooper Memorial Library
South Lake Chamber of Commerce
St. Johns River Water Mgmt. District
Lake Community Action Agency
Lake County Metropolitan Planning Org.
Lake County Water Alliance
Tourism Development Council
MPO Citizen Representative
Lake Apopka Natural Gas
Pedestrian/Bicycle Advisory Committee
Council Member Goodgame
Mayor Turville
Vacant
Council Member Berlinsky
Council Member Goodgame
Council Member Hogan
Council Member Goodgame
Suzy Gibson
Ann Dupee
Bill Erwin
The Council and City Manager Saunders discussed having staff serve on the St. Johns River Water
Management District with Council Member Hogan to serve as the alternate.
Council Member Mullins moved to assien the outside agencyrepresentatives as
published with staff appointed to the St. Johns River Water Management District and
Council Member Hogan as the alternate• seconded by Council Member Hogan. The
motion passed with all members present voting "aye'.
ADJOURN:
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With no further comments, this meeting was adjourned at 1 m.
_ /,~' /~ ~ APPROVE '
a old S. Turville M o
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