Loading...
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. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2018 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. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING 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 I