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07-26-2016 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING July 26,2016 The Clermont City Council met in a regular meeting on Tuesday, July 26, 2016 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6 30pm with the following Council Members present Council Members Mullins, Bates, Goodgame, and Travis Other City officials present were City Manager Gray,City Attorney Mantzans, and City Clerk Ackroyd Howe INVOCATION Pastor Kaweesa gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Florida Association of City Clerks (FACC) Chevelle Nubin, FACC President and Delray Beach City Clerk, presented a Resolution to the City of Clermont and to City Clerk Tracy Ackroyd Howe in appreciation for her leadership and performance for serving as FACC President for 2015/2016. Audit Presentation Fiscal Year 2015 Lacy Smith-Castillo, Finance Manager, introduced Tammy Campbell with the audit firm McDermitt Davis. Tammy Campbell presented the highlights of the audit. The Independent Auditor's Report is an unmodified report, which is the best opinion a city can receive The City is in compliance with laws, regulations, contracts, and grants, including grants tested as part of the federal single audit. The assessment indicated a favorable overall financial condition of the City. The audit has been posted on the City's website under the Finance Department page. PUBLIC COMMENTS Wayne Weatherbee spoke of the signs he placed on his property on Montrose Street to address issues he had with the City's decisions regarding the property The Supreme Court does not take all cases and; in his opinion, the City tampered with evidence by destroying records in the middle of court proceedings. Mr. Weatherbee commented the issues were addressed several years ago in a meeting with City Manager Saunders, Planning Director Jim Hitt, and City Attorney Mantzans. He was accompanied to the meeting by Cheryl Lee Hamson, a Certified Planner with a Master's Degree, who stated there were several ethics violations Mr. Weatherbee commented the Council has not fulfilled their civic duties if they do not address these issues Mr Weatherbee opined he was continually harassed by the City's adoption of new ordinances, which he felt was abuse of the legal system He commented his business has been downtown for 34 years and the business bnngs many people to the downtown area. He requested a meeting with City Manager Gray to discuss the projected future image of the downtown area. Mr. Weatherbee requested a copy of Ordinance 230-M, Ordinance 231-M, and the City Council and Planning and Zoning minutes pertaining to the adoption of the two ordinances Mr Weatherbee opined the documents are not in MuniCode, and a Federal Judge stated the document should be readily available in the local library. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 REPORTS City Manager Gray reported the annual National Night Out event will be held at Waterfront Park on August 2, 2016 from 5pm to 8pm The Fire Department will hold a "push" ceremony for the new firetruck at Fire Station 3 on July 29, 2016 at loam. City Attorney Mantzans—No report. Council Member Bates suggested hononng local Olympians at a future Council meeting Council Member Goodgame attended the funeral service for Firefighter DeManms and thanked the Fire Department for assisting the family. Council Member Mullins— No report. Council Member Travis reported she rode a recycling truck with Environmental Services Director Roy and staff. The goal is to have 70 percent of refuse recycled by 2020. Mayor Ash held Coffee with the Mayor at the South Lake Art League, attended a presentation by Communications Director Bloodsworth to the Caribbean Amencan Association, and attended the viewing and service of Firefighter DeManms Mayor Ash thanked the various Fire Departments which covered the City dunng the funeral service. The City held budget workshops on July 20 and 21, 2016 and Council consensus was to have the millage rate remain the same. The Public Budget Heanngs will be held on September 8,2016 and September 22, 2016 at 6pm. City Manager Gray reported the City received bids for the sign at the Arts and Recreation Center The low bid was from Durell, Inc in the amount of $52,543. The funds are available in the Parks and Recreation budget. He requested Council consider approval to award Durell, Inc.the bid for the sign. Council Member Mullins moved to accept the low bid for the new sign at the Performing Arts Center, seconded by Council Member Goodgame. Mayor Ash opened the public heanng. There were no public comments Mayor Ash closed the public heanng. Council Member Bates asked of the information on the sign. City Manager Gray stated the sign will have the City logo and a marquee listing upcoming events. The motion passed with all members present voting aye. CONSENT AGENDA Mayor Ash 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 —Meeting Minutes Consider approval of the May 24, 2016 and June 14, 2016 Regular Council Meeting minutes. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Item No.2—Council Meeting Cancellation Consider cancellation of the regularly scheduled second Council meeting in November. Item No.3—Purchase Approval Consider request to purchase telephone equipment from FL State WSCA contract with Verteks Consulting to provide ShoreTel IP telephone system in the quoted budgeted amount of$62,410.95 Item No.4—Purchase Approval Consider request to purchase network switching equipment from FL State WSCA contract with CDW-G to provide HPE network switches in the quoted budgeted amount of$68,960.00 Item No. 5—Resolution No. 2016-27 Consider Resolution restating the creation of the Clermont Fire Department. Council Member Goodgame moved for approval of the Consent Agenda, seconded by Council Member Mullins The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 6—Ordinance No.2016-19;Final— WaterBrooke City Clerk Ackroyd Howe read Ordinance 2016-19 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes; setting forth the authonty for adoption of the Large Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment, establishing the legal status of the Large Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Senior Planner Kruse presented the request for a future land use change for 28.6 acres annexed mto the city in May 2016 The proposed map amendment will change the future land use from Lake County's Regional Commercial to the city's Low Density Residential. The city's Low Density Residential allows up to three dwelling units per acre and does not permit commercial or mdustnal uses. The Flonda Department of Economic Opportunity reviewed the future land use change request and had no objections. Staff recommended approval of the request to change the future land use. Attorney Cecelia Bonifay was present on behalf of the applicant Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26,2016 Council Member Goodgame moved for adoption of Ordinance 2016-19, seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item No. 7—Ordinance No.2016-34;Final—Special Magistrate City Clerk Ackroyd Howe read Ordinance 2016-34 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Article V, "Code Enforcement", Division 1, "Generally", Section 2-186 "Intent of Article", providing that the City Council shall appoint a Code Enforcement Special Magistrate; deleting Section 2-187 "Definitions", renumbering and amending Section 2-188 "Alternate Code Enforcement System", renumbering Section 2-189 "Supplemental Enforcement"; deleting Section 2-190 "Special Master" and amending Division II, "Code Enforcement Board", Section 2-206, "Created; Jurisdiction; Enforcement by Courts", amending Section 2-207, "Composition; Appointment; Terms of Members", deleting Section 2-208, "Appointment of Members"; deleting Section 2- 209, "Residency Requirements, Vacancies, Filling of Vacancies; Composition"; deleting Section 2-210, "Oath of Office"; deleting Section 2-211, "Organization, Quorum, Compensation"; and amending Section 2-212, "Counsel Named"; deleting Section 2-213 "Conflict of Interest", deleting Section 2-214 "Powers of the Code Enforcement Board", providing for codification, severability, conflict and effective date. City Manager Gray stated the Council discussed going to a Special Magistrate instead of continuing with a Code Enforcement Board at a Council Workshop. The Board has experienced quorum issues at times, which delays code enforcement cases Cities have converted to a Special Magistrate format to improve efficiency of the code enforcement process. City Manager Gray commented the Code Enforcement Board members are doing a good job. City Attorney Mantzans was available to answer questions Mayor Ash opened the public heanng. Chandra Myers; Code Enforcement Board Chair, opmed having a Special Magistrate does not provide for cases to be reviewed by a peer group Ms Myers commented she has served on the board since September 2011 and requested the Council continue using the Code Enforcement Board process. Dave Holt stated the Code Enforcement Board allows for the citizens to get involved in city government. Mr. Holt commented people are willing to listen to their fellow neighbors on the board and more readily come into compliance. He mentioned he was unaware of how a Special Magistrate process worked. Mr. Holt suggested reducing the number of board members and offered to assist the city in evaluating ways to improve the board's efficiency. Mayor Ash closed the public hearing. , City Attorney Mantzans clarified the Special Magistrate and the Code Enforcement Board process were identical. Council Member Mullins noted another advantage to a Special Magistrate process was the meetings could be held during the day. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 City Attorney Mantzans commented the plan, from staff's perspective, would have the meetings held in the day. Meetings can be scheduled easier and the number of meetings would be dependent on case load. Council Member Travis noted the cost would not increase City Attorney Mantzans stated the city pays for an independent outside legal counsel to the board,and the hinng of a Special Magistrate would replace the current legal counsel. Council Member Mullins asked of expanding the Planning and Zoning Board to allow more citizen volunteer opportunities City Manager Gray commented staff will be re-establishing the Parks and Recreation Advisory Committee. The appointments could occur in the fall, along with the other city appointments Council Member Travis mentioned the Youth Council appointments would also occur in the fall. City Attorney Mantzans commented the trend in local government is leaning towards citizen-type committees and away from boards such as the Code Enforcement Board Council Member Bates suggested reducing the required number of board members and re-visiting the current process in a year City Attorney Mantzans stated the Flonda Statutes set the number of board members. Council Member Mullins suggested placing a five-year sunset clause on the Special Magistrate process. Mayor Ash suggested a sunset clause of one or two years. Council Member Bates asked of the effective date for the Special Magistrate process. City Attorney Mantzans commented the process would be transitioned Council Member Goodgame spoke in favor of retaining the board for a year and should the current process not work out,bnng the matter back to the Council. Council Member Travis spoke in favor of moving forward with a Special Magistrate The process is more efficient and does not involve any cost increases. Council Member Goodgame expressed concern of daytime heanngs imposing a burden on the citizens Council Member Bates asked how the change would affect the process Council Member Travis stated the process would be more efficient. Individuals attempting to close on a property involved in a code enforcement issue would be able to have the situation resolved more rapidly. Mayor Ash inquired of the number of cases the board handles each month and how long the meetings lasted City Attorney Mantzans stated the average case load was six to seven cases and the average meeting runs approximately an hour,as many cases do not have someone attend the meeting. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Mayor Ash asked of how a 'no show' would be handled using the Special Magistrate process City Attorney Mantzans stated the process would be handled the same way. The city has the burden of proof to provide enough evidence the violation exists. The Code Enforcement Officer would present the information and the Special Magistrate would ask any questions and make a determination. Council Member Bates asked of any financial savings regarding staff time. City Manager Gray commented there would be a cost savings with staff attending meetings dunng working hours City Attorney Mantzans stated most Special Magistrate hearings are held dunng working hours. The decision on when to hold the hearings would be determined by the Council Council Member Bates and Mullins asked if the process had the flexibility to offer varied meeting times for individuals who work. City Attorney Mantzans stated the city could offer the flexibility. Mayor Ash preferred the meetings have a set time. Council Member Mullins suggested giving the Special Magistrate process a two-year trial run and allow for the option of the ability for individuals to request a different hearing time under special circumstances City Attorney Mantzans stated the ordinance does not indicate when the meetings would occur, Council would direct staff on the meeting times Mayor Ash suggested including a form with the heanng notice for requesting a different hearing time. Council Member Goodgame stated an individual should be able to request a different hearing time. Council Member Mullins moved to adopt Ordinance 2016-34 for a two-year penod, which can be extended by future City Council, with mstruction to the Special Magistrate to have flexible hours for people with special cases, City Attorney Mantzans suggested providing an October 1, 2016 effective date. Staff will return to Council with a process. Council Member Mullins agreed to the amendment Council Member Travis seconded the motion. Mayor Ash requested the motion not include the hours City Clerk Ackroyd Howe restated the motion: Council Member Mullins moved to adopt Ordinance 2016-34 for a 2-year period, which can be extended by future City Council,with instruction to the Special Magistrate to have flexible hours for people with special cases, with an effective date of October 1, 2016; seconded by Council Member Travis. Mayor Ash requested the motion be amended to state the Ordinance would be adopted for a 2-year period,effective October 1,2016. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Council Member Mullins agreed to amend the motion Council Member Travis agreed to second the amendment to the motion City Clerk Ackroyd Howe restated the final motion: Council Member Mullins moved to adopt Ordinance 2016-34, establishing the Ordinance for a two-year period with an effective date of October 1, 2016, seconded by Council Member Travis. The motion passed 4 to 1 on a roll call vote,with Council Member Goodgame opposed. NEW BUSINESS Item No. 8—Utility Service Agreement for Water and Wastewater;Extreme Groves Investments, LLC Economic Development Director Hitt presented the request for a Utility Service Agreement for Water and Wastewater service for the proposed Extreme Grove, LLC development The letter from the Lake County Board of County Commissioners was read into the record. Lake County expressed concerns of the proposed development regarding transportation impacts, density, design,and compatibility. The site is located within the Interlocal Service Boundary Agreement (ISBA) and within the Joint Planning Area (JPA) Annexation of land which is not contiguous to the city must have an approved Utility Service Agreement. The proposed project is for 122 single family homes on 66 4 acres and is located on the north side of Hartwood Marsh Road, east of the Clermont city limits, and west of the Lake/Orange County border. The Future land use with Lake County is Rural and the proposed land use after annexation will be Low Density Residential, which is 3 dwelling units per acre. The current zoning in Lake County is Agnculture and the proposed zoning will be Planned Unit Development. The proposed development is surrounded on the north by land owned by the Lake County Water Authonty, 5 acres of single family homes to the south, 5 acre tracts of land to the east in Orange County, and 70 feet of Lake County Water Authonty access land with an additional 113.5 acres to the west. The proposed development is part of the Wellness Way Urban Service area and the maximum density is 1.85 dwelling units per acre. The projected usage is 58,560 gallons per day for water, 26,531 gallons per day for wastewater, and 51,550 gallons per day for re-use water. Staff has concerns regardmg transportation. The proposed project received the capacity letter from the Lake County School Board. Lost Lake Elementary School is 7 percent under capacity, East Ridge High School is 8 percent under capacity, and Windy Hill Middle School is 20 percent over capacity. The project would have to be developed pursuant to a Utility Service Agreement and any changes to the agreement would require approval of the City Council. City Manager Gray noted County Manager Heath contacted city staff late this afternoon with the letter from the Lake County Board of County Commissioners. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Council Member Travis inquired if the Lake County Board of County Commissioners was opposed to the Utility Service Agreement. Economic Development Director Hitt commented the Commissioners had concerns regarding transportation and access City Attorney Mantzans stated typically utility service agreements include specifics in regard to the proposed project. The City's utility agreements contain provisions regarding project completion and have a conceptual plan The letter from Lake County was of the understanding that the utility agreement incorporated the proposed project. Attorney Cecelia Bonifay, Akerman, LLP, introduced Tom Daley, who prepared the required plans The owners of the property and contract purchaser were also present. Attorney Bonifay expressed disappointment in Lake County for the letter of opposition to the project. The item before the Council is the Utility Service Agreement and the project is located in the City's Utility Service Boundary. The city entered into an agreement with Lake County which allows the city to annex property, contiguous or not, without Lake County approval. Extreme Groves has submitted an annexation, rezoning, and Comprehensive Plan Amendment application to the City The applicant has met with the city's Site Review Committee twice and have had several meetings with the adjacent land owners. Attorney Bomfay commented the Interlocal Service Boundary Agreement was reviewed, and the city advised the applicant to submit an application for a Utility Service Agreement prior to moving forward with the requests for annexation,rezoning,and a Comprehensive Plan Amendment. Attorney Bonifay stated the city's Utility Service Agreement requires to submit the number of units involved, the amount of water, sewer, and re-use water which will be required per day; and submit a conceptual site plan The agreement does not include future development rights or entitlements. Extreme Groves is working with the Lake County Water Authonty on the 70 feet of property for access. The property has never been developed and was sold to the Lake County Water Authonty for perpetual use as a park area Extreme Groves is proposing a joint venture with the Lake County Water Authority to assist in paving the road to relieve traffic conditions. Attorney Bomfay stated the proposed project will return before the City Council with plan details during the annexation, rezoning and Comprehensive Plan Amendment stage. The Interlocal Service Boundary Agreement with Lake County granted the city the ability to annex properties which are not contiguous, without Lake County approval or consent. Attorney Bomfay requested approval of the Utility Service Agreement. Mayor Ash asked for clanfication of the request under consideration City Manager Gray commented historically the City Council approved Utility Service Agreements to proposed developments and later requested the property annex into the city Prior to the Interlocal Service Boundary Agreement, a property was required to be contiguous before the property could annex into the city. The current request for a Utility Service Agreement is to allow the property the right to annex into the city under the Interlocal Service Boundary Agreement. The Council can remove the development portion of the request as the details of the project would be considered dunng upcoming hearings. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Mayor Ash asked if Council could separate the proposed plan and vote only on the Utility Service Agreement City Attorney Mantzans stated Council could make this a pure capacity question based on the maximum number of residential units which could exist. Council Member Goodgame inquired of delaying the Utility Service Agreement until reviewing the development plans City Attorney Mantzans commented Council could simply say they approve providing water and sewer to 122 single family residences, and acknowledge the city's system has the capacity to provide the service. The city would then control the annexation process and would have the opportunity to review the detailed project dunng the annexation process Mayor Ash asked Council to consider limiting the discussion to the Utility Service Agreement, and limiting the amount of utility services the city will provide to a maximum of 122 homes. Attorney Bonifay commented Lake County determined they did not want to be in the utility service business and established Interlocal Service Boundary Agreements with the municipalities. The Extreme Groves Utility Service Agreement, under Section 2, Development Standards (c), clearly states the overall density of the development shall be determined by the City of Clermont. City Attorney Mantzans stated Section 1 22 and 2B could be removed from the agreement. Council Member Goodgame spoke in favor of reviewing the proposed development pnor to approving the Utility Service Agreement. City Attorney Mantzans commented the city could not annex the property without an approved Utility Service Agreement. Mayor Ash opened the public heanng. Frank Fernandez spoke in opposition of the request; citing too many homes for the 66 acres and too many unanswered questions. Mr Fernandez asked if site plans had been submitted to the city when applying for utility services. City Manager Gray stated a site plan had been provided to the city. Tom Graham commented the residents met with Lake County and were pleased with the letter from Lake County Mr. Graham was opposed to the proposed development and asked Council to deny the request Yvette Whitaker spoke in agreement with the letter from Lake County and requested Council postpone the request Ms.Whitaker expressed concern of increased traffic Yanette Moyano stated the developer held two meetings with the residents and their concerns have not been addressed. The major concern was the density of the proposed project and increased traffic. Ms. Moyano was opposed to the request. Mayor Ash closed the public heanng. Council Member Mullins asked who provided the water and sewer service to the current residential area. City Manager Gray stated the residents have well water and septic systems 9 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Council Member Goodgame mentioned Hartle Road was west of the proposed development and there will be a traffic signal at Hartle Road and Hartwood Marsh Road Mr. Goodgame expressed concern of the area lacking enough traffic signals. City Manager Gray commented the issue would be reviewed by Council during the annexation process. Council Member Bates asked how the number of residential units was determined. City Attorney Mantzans stated an applicant approaches the city to request service for a certain amount of residential units The city determines if the capacity exists to service the number of residential units Council Member Travis inquired of the possible opportunity for the Lake County Water Authority to open the easement. City Manager Gray commented Extreme Groves will go before the Lake County Water Authonty Board in August to request opening of the easement be open Council Member Mullins asked if the Council was considering servicing a maximum of 122 homes or the maximum usage requested. City Attorney Mantzans stated the agreement included the number of residential units. Council Member Travis inquired if the city could deny water service. City Attorney Mantzans commented should the developer have an alternative means to provide service, the city could deny the request. Council Member Mullins requested clanfication of the deletions to the agreement City Attorney Mantzans stated if the Council desired to go with the concept of approving 122 single family lots for water, sewer, and re-use, and not approving any development standards, Council would delete Section 1.22 and Section 2 (b), which would also eliminate the map. Council Member Travis moved to accept the Utility Service Agreement for Water and Wastewater for Extreme Groves Investment, LLC., minus Sections 1.22 and 2B; seconded by Council Member Mullins The motion passed with all members present voting aye Item No.9—Variance Request;Kings Ridge Village Shopping Center Planning Manager Henschel presented the variance request for a reduction of 9 parking spaces for a proposed restaurant located within a retail building in the Kings Ridge Village shopping center. Staff recommended denial of the vanance request. Bob Barkett was present on behalf of the applicant. Mayor Ash opened the public heanng. There were no comments Mayor Ash closed the public hearing Council Member Mullins asked of the number of parking spaces required for delivery staff Mr. Barkett stated delivery staff would be dependent on business volume. The delivery staff are not parked for lengthy penods of time Council Member Goodgame commented of the need for golf cart parking Council Member Mullins noted the challenges with the location. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 Council Member Mullins moved to accept the variance, seconded by Council Member Travis The motion passed with all members present voting aye Item No. 10—Proposed Ad Valorem Millage Rate Finance Director VanZile stated based on the budget workshop held on July 20, 2016, staff recommends a proposed millage rate of 4 2061 for Fiscal Year 2017, which is the same millage rate for Fiscal Year 2016 The proposed millage rate will be included in the property tax notices mailed to all City residents by the Lake County Tax Collector's Office in August The final millage rate for Fiscal Year 2017 will be approved by the City Council at a public hearing on September 22, 2016 The General Fund will be balanced with the proposed millage rate Council Member Goodgame commented prior budgets ended with a lot of excess and asked if the budgets were not balanced City Manager Gray stated the city always has to adopt a balanced budgeted Expenditures exceeded revenues in prior budgets, and funds had to be drawn from reserves to have a balanced budget Council Member Mullins suggested Council consider using the roll-back rate Mayor Ash was opposed to adopting a lower millage rate Council Member Mullins moved to adopt the tentative millage rate as presented, seconded by Council Member Bates The motion passed with all members present voting aye Item No. 11—Ordinance No.2016-35;Introduction—Fire Prevention Code City Clerk Ackroyd Howe read Ordinance 2016-35 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, creating City Code Chapter 15 "Fire Safety Code", providing for conflicts, severability, codification, and an effective date Council Member Bates moved to introduce Ordinance 2016-35, seconded by Council Member Mullins The motion passed with all members present voting aye Item No. 12—Ordinance No.2016-36;Introduction—Mazda Annexation City Clerk Ackroyd Howe read Ordinance No 2016-36 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014, providing for an effective date, severability, recording, and publication Council Member Bates moved to introduce Ordinance 2016-36, seconded by Council Member Mullins The motion passed with all members present voting aye 11 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2016 ADJOURN: With no further comments, this meeting was adjourned at 8 43pm APPROVED: /ice Gail L Ash, ayo ATTEST: /e"-"F.." Tracy Ackro d He City Clerk 1 12