11-13-2018 Regular Council City of Clermont
MINUTES
REGULAR COUNCIL MEETING •
November 13,2018
The City Council met in a regular meeting on Tuesday,November 13,2018 in the Clermont City Council
Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present:
Council Members Brishke,Travis, Bates,and Goodgame. Other City officials present were City Manager
Gray,City Attorney Mantzaris,and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Brian Broadway gave the invocation followed by the Pledge of Allegiance.
PRESENTATIONS
Financial Reporting Award
Finance Director Van Zile announced the City received the Certificate of Achievement for Excellence
award in financial reporting for the 30th consecutive year and recognized City employees Linda Piubeni,
Michelle Davis,Tina Kilbury,and Pamela Brosonski.
PUBLIC COMMENTS
Charlene Forth,939 W.Desoto Street,expressed concern for not being placed on the agenda.City Manager
Gray explained Mrs.Forth submitted a non-specific request to discuss a prior decision made by the Council
on a future Council Meeting agenda, which was sent to City Attorney Mantzaris' office. City Attorney
Mantzaris advised the request was to discuss an item that the Council had already taken action on.However,
it is not appropriate to place an item back on a future agenda once action has already taken place.Mrs.Forth
expressed disagreement with the reasoning made by City Attorney Mantzaris.
Jan Sheldon, 1752 State Road 19,expressed support to preserve the Moonlight Players Theatre.
Helmut Michaelson,2351 Fountain Avenue,congratulated Council Member Travis and Mayor Ash on their
re-election.
Gary Salup, 3824 Glenford Drive,expressed support for Moonlight Players Theatre.
REPORTS
City Manager Gray noted the City will be closed on November 22 and November 23 for Thanksgiving.The
swearing in of Seats 1, 3 and 5 will take place at the November 27 Council meeting. City Manager Gray
requested for item 9 under consent agenda be pulled to be placed as the first item under New Business.
City Attorney Mantzaris—No report.
Council Member Bates—No report.
Council Member Goodgame commented on Veterans Day recognition throughout the city.
Council Member Brishke reported attending the Animal League Pet Parade Fundraiser on October 28 as a
volunteer where she judged the costume contest.
Council Member Travis reported attending the Halloween 5K on October 28.She participated in the Mighty
Warriors 5K with Chief Broadway,Sergeant Sayre,Officer Evans,Officer Jacobs,and Purchasing Director
Suarez. Lastly, she worked for Habitat for Humanities after Election Day. She also attended the Taste of
South Lake.
Mayor Ash thanked the residents of Clermont for re-electing her as Mayor. On October 24, she met with
Channel 9 News at the Oakhurst neighborhood for filming regarding the Oakhurst project.
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Officer Colon received the 2018 National Hometown Hero Leif Erickson Award for the Oakhurst project.
Later that day,she attended the staff luncheon for the City's Public Works employees.On October 25,she
attended the grand re-opening of Winn Dixie.That evening, she attended the Citizens Academy at Public
Works.On October 27,she attended the ceremony at the Seventh Day Adventist Church where she received
a plaque for her service to the City.On October 28,she was at Belk's for their 130th anniversary.On October
31,she was at South Lake Montessori School for their annual celebration of"Historical Figures".The next
evening, she attended the Citizens Academy at the Police Department. On November 8, she was at City
Hall with City Manager Gray and Communications Director Deen to see the completion of the Christmas
Tree at City Hall Park for the Light Up Clermont event on November 30. That same night, she was at the
Historical Village for the Citizens Academy. On November 9, she attended a Veterans Day Ceremony at
Lost Lake Elementary School and later that same day she attended another Veterans Day Ceremony at the
Veterans Center in Clermont. On November 10, she attended the "Dancing under the Stars Gala" at the
City's Arts and Recreation Center for New Beginnings. On November 11, she attended the 100'"
anniversary of the signing of the armistice ending World War I presented by the Daughters of the American
Revolution. Later that day, she attended a Veterans Day ceremony in Heritage Hills. The Mayor
acknowledged Clermont Firefighters Mike Rock,Blake McCorkle,Lieutenant Jeremiah Plasters,and Fire
Marshal Jennifer Pierce for responding to Florida's panhandle after Hurricane Michael.
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 following Council
Meeting minutes: September 11, 2018, September
25,2018,October 9,2018 and October 23,2018.
Item No. 2—Legislative Priorities Consider approval of the City of Clermont
Legislative priorities list.
Item No.3—Surplus Request Consider declaring end of life inventory as surplus
from the Fire Department and dispose of in
accordance with the Purchasing Policy.
Item No.4—Contract Award Consider piggyback request to the Lake County
B.C.C. contract with American Building Safety
Associates, Inc. to provide building, electrical,
mechanical, plumbing, and fire safety inspections
and plan review services in the estimated annual
budgeted amount of$325,000.
Item No. 5— Piggyback Purchase Consider piggyback purchase of a vehicle from
Coggin Ford off the Florida Sheriffs Association
contract number FSA18-VEL16.0 and the
applicable retrofitting from Tampa Crane & Body
as a single/sole source purchase in the total
budgeted amount of$112,677.
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Item No. 6—Piggyback Purchase Consider request to piggyback the Florida Sheriff's
Association contract number FSA18-VEL26.0 with
Duval Ford Fleet Sales and Stingray Chevrolet to
purchase vehicles in the budgeted amount of
$64,771.
Item No. 7— Resolution No. 2018-48R Consider request to discontinue charging the Fire
Alarm Monitoring Fee and Commercial Occupancy
Fire Inspection Fee.
Item No. 8—Resolution No. 2018-50R Consider re-appointing Council Member Travis to
the Tourism Development Council Committee for
a 4-year term beginning December 1,2018.
Item No. 9—Resolution No. 2018-51R Consider the sale of City owned property generally
located on Minneola Avenue.
Item No. 10—CDBG Policy Consider approval of policies required by
Department of Economic Opportunity for the City's
Community Development Block Grant Program
(CDBG)application.
Item No. 11 —Resolution No. 2018-52R Consider adoption of the Complaint and Grievance
Procedures per CDBG grant requirements.
Item No. 12— Resolution No. 2018-53R Consider adopting a policy for the protection of
individuals engaging in non-violent civil rights
demonstrations must be adopted per CDBG grant
requirements.
Council Member Goodgame moved to approve Consent Agenda items 1 through 8 and 10
through 12; seconded by Council Member Bates. The motion passed with all members
present voting aye.
UNFINISHED BUSINESS
Item No. 13—Ordinance No.2018-38,Final
City Clerk Howe read Ordinance No.2018-38 aloud by title only.
An Ordinance of the City Council of the City of Clermont,Lake County,Florida,amending
the City of Clermont Police Officers' Pension Trust Fund, as adopted by Ordinance No.
304-C;providing plan benefit revisions;providing for severability of provisions;repealing
all Ordinances in conflict herewith; and providing an effective date.
Finance Director Van Zile presented the request to provide an increase to the police pension contribution
by the employees per the police officers collective bargaining agreement.This ordinance officially amends
the code to include increases approved by the Council on October 23,2018.
Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing.
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Council Member Bates moved to approve Ordinance No. 2018-38: seconded by Council
Member Goodgame.The motion passed with all members present voting aye.
NEW BUSINESS
Item No.9—Resolution No.2018-51R,
City Clerk Howe read Resolution No. 2018-51 R aloud by title only.
A Resolution of the City Council of the City of Clermont declaring surplus approximately
.37+/-acres(14,810.40+/-Sq.Feet)of real property located on Minneola Avenue between
Seventh and Eighth Streets,owned by the City and authorizing the sale thereof to the Art
District, LLC for the purchase price of $11.50 per square feet or approximately
$170,319.60 as determined by a final survey and authorizing the Mayor to execute the sale
agreement and City Manager to perform all acts necessary and appropriate to close on the
property as provided herein.
City Manager Gray clarified the request is not a rezoning request.
Economic Development Director Schmidt provided background of an opportunity for a pedestrian Art Walk
to unite the waterfront with Montrose Street.The project was conceptual in nature like many of the Master
Plan projects. At City Council's direction, staff advertised for a letter of interest, which had one response
from Jayson Stringfellow. Mr. Stringfellow currently owns the piece of property formerly known as the
Elks Lodge site, which the city leases from Mr. Stringfellow for parking. A portion of the property, .34
acres,could be realized for the public portion of the art walk and the other portion,another.34 acres,would
be deployed to Mr. Stringfellow through an agreement for potential retail sites and live/work units. Over
the next 120 days, the City will have the opportunity to clearly define the arrangement and bring the
agreement back to Council. There would be no impeded access to business owners such as the Animal
League. There is a proposed sidewalk. There is an issue of encroachment between an adjoining property
owner and Mr.Stringfellow.The two parties have been in dialogue for potential access and easements.The
agreement before the Council tonight is to allow City staff to engage with Mr.Stringfellow for the.34 acres
for the purposes of the Art Walk District and to bring the matter back to Council. Mr. Stringfellow will
decide what to do with his project. Mr. Stringfellow has not submitted formal plans to the City but has
shared with the Council at prior workshops what the market could bear in terms of mixed-use opportunity
for downtown.
City Manager Gray clarified this request is not discussing Mr. Stringfellow's project as it has not been
submitted and will be noticed to the public when it comes before Council.There is a 120-day due diligence
period in the agreement allowing for adjustments during that time but would return to Council for approval.
Mayor Ash opened the Public Hearing.
Eric Hall, 12344 Hammock Pointe Circle, inquired if the Moonlight Players Theatre was involved in the
workshop discussing development of the land.City Manager Gray stated he spoke to Ms.Sheldon and made
a commitment to her that the Moonlight Players Theatre would be notified of any public meetings and
discussions.Mr.Hall requested more funding for the theatre.
Mayor Ash stated City Council agendas are posted on the City's website.
City Manager Gray clarified the City provided the Moonlight Players Theatre the opportunity to be the first
to move into the Black Box Theater at the new Arts and Recreation Center when purchased and they chose
not to.The City has been in communication with Moonlight Players Theatre over the years and has provided
grant money previously to the theatre.
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Trista Felts, 1727 Chickadee Way, President of the Moonlight Players Club, stated she was misinformed
originally regarding the request on the agenda and expressed concern for possible restrictions the theatre
will face moving forward with the request.
Thomas Kline,963 W.Juniata Street,former President of Moonlight Players Club,expressed concern with
parking.City Manager Gray replied the City does have a parking plan.
Chris Ballard,owner of 775 Montrose,expressed concern for parking problem during triathlon events.
Patrick Bianchi, owner of 752 W. Montrose Street, asked what would stop the survey from encumbering
more of the acreage. City Attorney Mantzaris replied the project could not encumber more of the acreage
without city approval. City Manager Gray clarified any deviation would be brought back to council for
discussion and decision.City Attorney Mantzaris further clarified the project has a due diligence period to
work through any deviations with Council seeing the ultimate development of the entire project and surveys
of each piece all at the same time before the final sale.
Patrick Bianchi,owner of 752 W.Montrose Street,stated a utility easement was granted for the new wine
bar. He inquired if the easement will still be in place.City Attorney Mantzaris replied the property will be
sold subject to all existing easements.Assistant City Manager Kinzler clarified the City did provide a small
easement for water services adjacent to Montrose Street and will make sure to not conflict with the
easements.
Jayson Stringfellow,Developer,remarked he is available to speak with Moonlight Players Theatre members
and is available for any questions.
Mayor Ash closed the Public Hearing.
Council Member Goodgame, inquired if there could be a sidewalk connecting the entrance to Moonlight
Players Theatre to the Art Walk.Mr.Stringfellow replied the goal is to connect the Art Walk to the existing
theatre within the 10-foot pedestrian access.
Council Member Bates moved to approve Resolution No.2018-51 R: seconded by Council
Member Travis.The motion passed with all members voting ave.
Item No. 14—Code Enforcement Lien,970 W.Juniata Street
City Attorney Mantzaris presented the request for a reduction or waiver an existing code lien,which came
before Council previously.The property owner is Michelle Peters and the accrued lien amount is$139,250.
The respondent was not present the last time the code enforcement lien came before Council.The next step
would be to foreclose on the lien to enforce payment.The City took the matter before the Special Magistrate
to proceed with the foreclosure which authorization was granted to proceed with foreclosure. The initial
violation had to do with housing violations along with electrical and plumbing violations,which originally
went back to the Special Magistrate as a repeat violation.The lien accrued at$250 per day from September
2015 to March 2017.The property is currently in compliance. Code Enforcement Officer Crain is present
at the meeting to answer any questions. The lien is currently outstanding with the next step being for the
Council to authorize foreclosure on the property then to proceed with title work on prior liens.The action
staff is recommending is based on the prior direction from Council to move forward with enforcing the lien.
The respondent is present at this meeting.
Michelle Peters, 12406 Lake Valley Drive, addressed the Council regarding the lien and possible
foreclosure.Ms.Peters reviewed documentation and history of all injunctions going back to 2012.
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City Attorney Mantzaris inquired about the mortgage for the property. Ms. Peters replied the mortgage is
approximately$230,000.
City Attorney Mantzaris stated the Council would want to review prior liens and equity associated with the
property. The City would be buying the right to pay off the first mortgage. If the foreclosure were to be
authorized,the matter would return to Council with the instruction that the City cannot foreclosure on the
property because of the current mortgage. City Attorney Mantzaris suggested Council consider a lien
reduction that is reasonable and appropriate as the property is in compliance.
Ms. Peters requested for a total pardon.
Bret Jones, 700 Almond Street, Real Estate Attorney,offered to work with the City pro-bono for a month
towards a resolution for the property.
Council Member Goodgame inquired if the property is the homestead of Ms. Peters. Attorney Mantzaris
stated the property is not her homestead.
Council Member Goodgame questioned the issuance of a Certificate of Occupancy for a property severely
damaged. City Attorney Mantzaris replied the Certificate of Occupancy was issued when the house was
built.If any structure of a house begins to deteriorate,then code enforcement officers look into the matter.
During that process, minimal housing code violations were found however, minimal housing code
violations do not always reach a level of inhabitable. This property was not declared unfit for human
habitation.
Mayor Ash opened the Public Hearing.
Charlene Forth, 939 W.Desoto Street,expressed concern of the condition of this property.
Mayor Ash closed Public Hearing.
City Attorney Mantzaris clarified the property is currently in compliance with the City's code.
City Manager Gray stated the matter came before the Council twice for a request to reduce the lien however;
Ms. Peters was not present previously.
Council Member Bates asked why she missed the first two meetings.Ms.Peters stated she was dealing with
depression and one of the previous meetings she was stuck at work and unable to attend.
Council Member Travis asked if the Special Magistrate is recommending foreclosure. City Attorney
Mantzaris clarified the Special Magistrate is not recommending a decision but is granting Council's request
for authorization to foreclose.
Council Member Travis requested to verify the mortgage.
Council Member Brishke inquired about the second listed owner of the subject property. City Attorney
Mantzaris stated the second owner was her ex-husband but a Quit Claim Deed was executed in 2016
deeding the property to her.
Mayor Ash expressed concern with losing money should the City choose to foreclose on the property.City
Attorney Mantzaris stated he would not recommend foreclosing on the property unless the property had
sufficient equity to cover the mortgage,which the subject property does not.
Council Member Brishke suggested revisiting granting a reduction instead of a foreclosure.
Council Member Goodgame expressed opposition to granting a reduction.
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Mayor Ash expressed concern towards the property owner's ability to pay a reduced lien and requested to
postpone the matter for 3 months. City Attorney Mantzaris replied historically the Council has reduced
previous liens to cover administrative expenses incurred by the City.
Council Member Brishke expressed support to reduce the lien to cover the administrative cost.
Mayor Ash inquired of recommendation to lower the lien amount to in order to cover the administrative
cost with a 6-month time limit for payment.City Manager Gray estimated$1,000 out of pocket City cost.
Council Member Travis expressed concern for possible repeat code violations.
Council Member Goodgame expressed agreement for a 6-month time limit for payment.
Mayor Ash re-opened the Public Hearing.
Willie Montgomery, 419 E. Desoto Street, expressed concern with penalizing the property owner for the
property coming into compliance.
Tim Murry,574 E.Desoto Street,expressed support to reduce the lien to administrative costs.
Mayor Ash closed the Public Hearing.
Mayor Ash stated the Council understands the property owner's situation while enforcing the City's code
requirements.
City Attorney Mantzaris recommended Council set a due by date for the reduced lien amount instead of
requiring monthly payments.
Council Member Bates moved to decrease the lien to$1,000 to be paid over a year time by
November 13,2019; seconded by Council Member Goodgame for discussion.
Council Member Goodgame inquired if the property owner would have required monthly payments. City
Manager Gray clarified the recommendation was to set a date for the reduced lien to be paid by.
City Attorney Mantzaris clarified the lien stays in place until payment.
The motion passed with all members present voting aye.
Mayor Ash recessed at 8:25pm.The meeting reconvened at 8:39pm.
Item No. 15—Road Name Change
Economic Development Director Schmidt stated on October 18,2018,the City held a workshop to discuss
changing the street name from Bloxam Avenue to Dr.Martin Luther King,Jr.Boulevard.The request is to
apply the street name change to all properties located along Bloxam Avenue within the city limits of the
City of Clermont. Following the workshop, City staff placed this matter on the agenda for this Council
Meeting and noticed all property owners along Bloxam Avenue, including Lake County School Board.
Tim Murry, 574 East Desoto Street, President of Christian Men in Action, presented his request for the
street name change for Bloxam Avenue between Hooks Street and Division Street.The original request has
been modified to only affect Bloxam Avenue between State Road 50 and Hooks Street.Mr.Murry provided
a brief history on Dr. Martin Luther King,Jr. and provided a petition of signatures in support of the name
change to the Council. Mr. Murry additionally requested a ceremony to be held on January 21, 2019 to
commemorate the renaming of Bloxam Avenue to Dr.Martin Luther King,Jr.Boulevard.
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Economic Development Director Schmidt stated city staff met with the requestor and the affected City
Departments concerning this matter.The United States Postal Service will continue to deliver and forward
all mail to addresses at Bloxam. Staff's estimate for full implementation of the name change is 6 to 12
months.
The following expressed support for the proposed name change:
Betty Wilson, 1131 Bloxam Avenue
Alan Harris,880 Crooked Branch Drive,South Lake Democratic Club
Hubert Harris, 568 West Highway 50
Carol Rosario,640 South Grand Highway
Willie Montgomery,419 East Desoto Street
Charlene Forth, 939 West Desoto Street
The following expressed opposition for the proposed name change:
George Leith,909 Bloxam Avenue
Ricky Range,634 Bloxam Avenue
Sherri Range,634 Bloxam Avenue
James Montgomery,Jr.,640 Bloxam Avenue
Hamechand Ramsarup, 191 Bloxam Avenue
Ruby Ramsarup, 191 Bloxam Avenue
Robert Cardinal,695 E Minnehaha Avenue
William Delaney, 10312 Lake Minneola Shores
Annie Lewis,615 Bloxam Avenue
Lisa Jensen, 1636 Morning Star Drive
Terry Pitt,944 5th Street
Mr.Murry provided an estimated cost from Lake County to change Bloxam Avenue to Martin Luther King,
Jr. Boulevard and suggested improvements to the road on Bloxam Avenue to Highland Avenue.
Mayor Ash closed the Public Hearing.
Council Member Bates expressed support in honoring Dr.Martin Luther King,Jr.but expressed opposition
with changing the name of Bloxam Avenue.
Council Member Travis inquired about ceremonial names for streets. City Manager Gray replied cities
could designate a ceremonial name for streets so the physical address of that street does not change.
Council Member Goodgame expressed support for giving the ceremonial name of Dr.Martin Luther King,
Jr.to US Highway 27.Mayor Ash clarified the City Council only has authority over city roads.
City Manager Gray stated city staff would look into making a ceremonial name change and bring back to
the Council. City Attorney Mantzaris clarified if the Council decides to assign an honorary name to a city
street then the City Manager will only need Council's approval to assign the name.However,if the Council
wants to assign an honorary name to Highway 50 or US Highway 27 then the City Manager will need to
bring the matter back to Council before proceeding with the honorary name.
Mayor Ash explained the proposed honorary name to Mr. Murry.
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Council Member Goodgame moved to approve assigning the honorary name of Dr.Martin
Luther King. Jr. Boulevard to Bloxam Avenue from Hooks Street to Division Street
seconded by Council Member Brishke.The motion passed with all members present voting
aye.
Item No. 13—Ordinance No.2018-37,Introduction, Waterfront Rezoning
City Clerk Howe read Ordinance No.2018-37 aloud by title only.
An Ordinance of the City Council 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, effective date,and publication.
Council Member Bates moved to introduce Ordinance No. 2018-37; seconded by Council
Member Brishke.The motion passed with all members present voting aye.
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November 13, 2018
ADJOURN: With no further comments, this meeting adjourned at 9:47 pm.
APPROVED:
,4Y-
Gail L. Ash,Mayor
ATTEST:
•' All(I
11.
Tracy Ackroyd Howe,City Clerk
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