09-10-2019 Regular Council City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 10,2019
The City Council met in a regular meeting on Tuesday,September 10, 2019 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,Bates,Mullins and Travis.Other City officials present were City Manager Gray,
City Attorney Mantzaris,and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Dr. Helmut Michelson gave the invocation followed by the Pledge of Allegiance.
PROCLAMATION
Childhood Cancer Awareness Month
City Clerk Howe read the Childhood Cancer Awareness Month proclamation aloud.
Constitution Week
City Clerk Howe read the Constitution Week proclamation aloud.
PRESENTATION
FY 2019 Quarterly Budget Presentation
Assistant Finance Director Brosonski presented highlights of the City of Clermont quarterly budget report
for October 1, 2018 —June 30, 2019 and provided an overview of the City's revenues, expenditures and
key department statistics for the third quarter of fiscal year 2019,the top 10 revenues,major fund revenues
and expenditures,departmental expenditures,and master plan expenditures.
City Manager Gray noted a couple projects will roll over to the next fiscal year in the Building Department.
PUBLIC COMMENTS
There were no comments.
REPORTS
City Manager Gray reported the City was prepared for Hurricane Dorian however the hurricane turned and
avoided the City.City Manager Gray requested for Item No. 10 be tabled to November 12, 2019.
Item No. 10—Ordinance No.2019-28,Final
City Clerk Howe read Ordinance No.2019-28 aloud by title only.
An Ordinance of the Code of Ordinances of the City Council of the City of Clermont,Lake
County, Florida, amending the Code of Ordinances, Chapter 122 Zoning, Article V
Supplementary Districts, Section 360 Vacation Rental License Regulations; Providing for
Codification; Severability;Effective Date;and Publication.
Council Member Bates moved to table Ordinance No. 2019-28 to November 12, 2019;
seconded by Council Member Mullins.The motion passed with all members present voting
aye.
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City of Clermont
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REGULAR COUNCIL MEETING
September 10,2019
City Manager Gray reported Item No. 12 will be withdrawn but the applicant will return to Council and
will re-advertise. There will not be a Council Workshop in September. The Final Budget Hearing will be
on September 19,2019 at 6:30pm.Tomorrow is the 9/11 ceremony at the Arts and Recreation Center which
will take place at 10:00am and will be opened to the public. This weekend the City is partnering with the
Chamber of Commerce for the Sips and Salsa event downtown at 2:00pm to 10:00pm.
City Attorney Mantzaris— No report.
Council Member Bates—No report.
Council Member Mullins commended City staff for their energy and enthusiasm to help citizens get bags
of sand for the incoming hurricane.
Council Member Brishke reported she took food to the Fire and Police stations with Council Member Travis
to show their appreciation for their anticipated work during the incoming hurricane.
Council Member Travis—No report.
Mayor Ash—No report.
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 August 27, 2019 Council
Meeting minutes.
Item No.2—Bid Award Consider award to Providence Construction &
Development Co. to provide East side water
reclamation facility ribs rerate expansion in the
lump sum budgeted amount of$1,289,000.
Item No.3—Bid Award Consider award to Shelley's Septic Tank, Inc. to
provide hauling and disposal of bio solids in the
estimated annual budgeted amount of$212,520.
Item No.4—Contract Approval Consider Water, Wastewater and Reclaimed
Water Scope of Service proposal from Tetra Tech
in the budgeted amount of$163,887.
Item No. 5—Direct Negotiation Consider transportation review services from
Kittleson & Associates for Wellness Way and
AdventHealth traffic studies in the total budgeted
amount of$25,000.
Item No.6—Event and Open Container Request Consider request from Pig On the Pond to be held
March 6, 7, and 8, 2020 for open container in
approved area, fee waiver, signage, staff
assistance,and trail closure.
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REGULAR COUNCIL MEETING
September 10,2019
Item No.7—Event and Road Closure Request Consider event and road closures for the South
Lake Rotary to host the "Rotary Fun Run" on
December 14,2019.
Item No.8—Event Request,Fee Variance,and Consider request from Sommer Sports to approve
Open Container Allowance the 2020 season, open container allowance and
waive all associated ground fees.
Item No.9—Special Event,Road and Boat Ramp Consider request from Sommer Sports to close
Closure Request roads and boat ramp for approved City Sponsored
event"The Great Floridian"on October 19,2019.
Council Member Bates moved to approve the Consent Agenda; seconded by Council
Member Mullins. The motion passed with all members present voting aye.
UNFINISHED BUSINESS
Item No. 11—Ordinance No. 2019-39,Final
City Clerk Howe read Ordinance No.2019-39 aloud by title only.
An Ordinance of the City of Clermont, Florida, imposing a temporary moratorium for one
hundred and eighty(180)days on the acceptance of any application for and/or the issuance
of any permit,conditional use approval,site plan approval,and any other official action of
the City of Clermont having the effect of permitting or allowing development and/or
construction of any multi-family development;excluding with conditions such applications
submitted prior to August 27,2019 or approvals for the continuance of an existing multi-
family development; the temporary moratorium shall apply to all real property located
within the corporate limits of the City of Clermont; providing for severability, conflicts
and an effective date.
City Manager Gray stated on August 13,the Council asked staff to draft an ordinance for a moratorium on
apartments. This will give staff time to review the City's codes and regulations. There will be a Council
Workshop in late October or early November for anyone to attend which will provide information and
gather feedback from the Council and the public. During the review,staff will also look at the affordability
of the apartments for affordable housing.
City Attorney Mantzaris stated the Council is deciding whether or not to approve an Ordinance to establish
a moratorium for six months on multi-family development and then a workshop will occur to discuss
changes to the City's Comprehensive Plan and Codes to address any changes. After the workshop, the
matter will return to the Council at a future Public Hearing for consideration and implementation.
Mayor Ash opened the Public Hearing.
Preston Bolt, 800 North Highland Avenue, Orlando, representative of the family owned property at
Hancock and Highway 50,displayed two documents and stated they have been working with City staff to
begin the process for a 280-unit apartment project.They are requesting to be exempt from the moratorium
as they do not have a completed application into the City yet and are approximately 30 days out.
City Manager Gray stated this project is the only one in the system that has started but not completed.
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City of Clermont
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REGULAR COUNCIL MEETING
September 10,2019
Alison Yurko,P.O. Box 2286, Winter Park, FL,attorney for LCA Development,expressed support for the
wording in Section 4 of the proposed Ordinance allowing for the apartment complex to continue as the
initial application was made on July 30, 2019 but requested the Council to allow for the project to be
considered exempt.
City Attorney Mantzaris clarified if the Council wishes to allow for the project to finish submitting their
completed application,the implementation date of August 27, 2019 would have to be changed to another
date.
Dean Russamano, 16719 Abbey Hill Court,expressed concern for the increasing population and the impact
on the Fire,Police and Environmental Services Departments.
Charlene Forth,939 W. Desoto Street,expressed support for the moratorium.
Lee Styhoward,340 North Maitland Avenue, Maitland, FL,expressed opposition against the moratorium.
Libby Hanna, 1251 Fran Mar Court,inquired about the size allowed for a project to be considered a multi-
family development and expressed concerns regarding continued growth.
Jim Purvis, 4206 Hammersmith Drive, inquired as to why staff has not reviewed the code and regulations
earlier so as to avoid a moratorium and expressed concern for a project to be in the process of being
completed during the implementation of the moratorium.
Ebo Entsuah,861 Skyridge Road,expressed support for the moratorium.
Mayor Ash closed the Public Hearing.
City Manager Gray replied that he met with Mr. Bolt where he found out Mr. Bolt's project was in the
pipeline shortly after speaking to Mr. Purvis. Also, the City's Master Plan centers around the City's
downtown. Every year the City looks at the population and the City is on track with police and fire
personnel requirements at the national level.When a development comes in the Council will have to address
public safety concerns for each development. The problem is the roads as the State controls Highway 50
and US Highway 27.The County is also having issues with funding improvements for roads.The minimum
size that would be effected by the proposed Ordinance would be three or more attached dwelling units
therefore a duplex would be okay.
City Attorney Mantzaris stated the moratorium is a planning tool for the City. Every issue discussed and
addressed by the Council has to be consistent with the City's Comprehensive Plan. Staff will return to
Council with recommendations for better planning, better handling of multi-family developments,
betterment of issues associated with traffic, police and fire, and infrastructure. This is not an apartment
moratorium but rather a multi-family development moratorium.Moratoriums are designed to be as short as
possible so as to not prohibit development. There is an option to extend the moratorium for 90 days after
the six-month period.
City Attorney Mantzaris clarified if the Council wishes to address Mr.Bolton's concern,the Council could
choose to extend the effective date to October 11, 2019 to provide the applicant additional time to submit
their full application.
Council Member Bates inquired the likelihood that another applicant would be able submit a completed
application during the additional 30 days. City Attorney Mantzaris stated the changes are unlikely for
someone to be able to put together a complete application for final approval before the 30-day extension
ends.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 10,2019
Council Member Travis asked about the end date for the moratorium. City Attorney Mantzaris stated the
moratorium would be effective 30 days after this meeting date with a six-month effective period. So the
moratorium would end April of 2020.
Council Member Brishke asked staff if there were any other projects which could submit potentially submit
a completed application within the 30-day deadline. Development Services Director Henschel stated there
are potentially two other projects but the process does require for the projects to go through a site review
process which can take weeks to schedule in advance.
Council Member Mullins stated since last Thursday, he was visited by two people who have projects they
are preparing to process with the City.
Council Member Travis suggested keeping the date but providing an exemption to the project which is
almost completed.City Attorney Mantzaris stated there is no difference between projects as they have not
applied for final approvals.They are all at the same stage.
Council Member Mullins expressed agreement with Mr.Purvis as to why these discussions have not taken
place in the last 18-months.
Mayor Ash expressed concern for new developments impact on the City's emergency services. A
moratorium is to be used as a planning tool for possible additional expansion.
Council Member Travis moved to approve Ordinance No. 2019-39 as amended starting
October 11, 2019 and amending Section 4; seconded by Council Member Bates. The
motion passed 4 to 1 on a roll call vote with Council Member Mullins voting nay.
Item No. 12—Resolution No.2019-14R, Take 5 Quick Lube
This has item has been withdrawn.
NEW BUSINESS
Item No. 13—Fee Reduction Request
Parks and Recreation Director Davidoff reviewed the history of the PFX Sports Spring Games and
presented applicant's request for the City to pay a third party contractor for additional daily field prep in
between each game above and beyond the regular field maintenance. During last year's Spring Games,the
Clermont Police Department incurred costs of $10,584 in overtime. As a result, the Clermont Police
Department has requested PFX to hire private security officers or hire off duty officers to work a schedule
agreed upon by PFX and Clermont Police Department at PFX's expense for the duration of the event due
to the continual threat of criminal activity occurring at Legend's Way.Or PFX can request the City Council
to authorize approximately $10,500 in overtime to provide offers at Legends Way which may result in
staffing challenges for Clermont Police Department. Staff is requesting that 100%of field usage fees, the
cost of daily porters,and the cost of the CGFP banquet be waived.The total requested amount provided to
PFX would be approximately$24,770.
Allison Strange thanked City staff for their help with the past events.PFX is requesting the City pay a third
party company for the maintenance of the field between games. Incidents at the parks have decreased over
the past few years. Ms. Strange stated she was not aware of the overtime cost to the City and that PFX
would be willing to pay for private security to cut the cost and alleviate any burden on the City but
recommended to place an empty police car at the events to deter stealing and for police to patrol through
occasionally. Ms. Strange also recommended for Police Chief Broadway to do a Public Safety
Announcement.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 10,2019
Mayor Ash inquired about the savings for PFX last year. Parks and Recreation Director Davidoff stated the
amount was $24,791.88 but that does not cover the police overtime. However, the total for this year will
not be known until after the event but staff is anticipating roughly the same cost.
Council Member Mullins asked why a third party company would be necessary for maintenance. Parks and
Recreation Director Davidoff stated the City contracts the maintenance of the field out and maintenance of
the field between games is not included in the contracts.
Mayor Ash opened the Public Hearing.
Charlene Forth, 939 W. Desoto Street, expressed concern for tax payers dollars going towards paying for
the event.
City Manager Gray stated there are three community partner events, Spring Games, Sommer Sports and
Pig on the Pond who are huge economic drivers.
Council Member Bates inquired about economic impact.
Ms. Strange stated a preliminary report shows the overall economic impact for the entire event throughout
Central Florida is over$32 million. The market of sports business is competitive with many cities across
the nation wanting the economic impact. The City is treated as a sponsorship in-kind and placed on the
banners,shirts,and flyers.
Mayor Ash closed the Public Hearing.
Council Member Travis inquired about the Tourism Development Committee.Ms.Strange replied they do
approach both the City and the Tourism Development Committee however PFX typically received$20,000
from the Tourism Development Council.However,PFX rents four facilities in Lake County so the$20,000
does not come close to covering all of the costs.
Council Member Brishke inquired about the possibility of approving what the City normally approves and
then have the applicant return to the Council should they not receive an increase in funding from the
Tourism Development Committee.
City Manager Gray clarified Council Member Brishke's request to approve the agenda item as is and have
the applicant return should she not receive additional funds from the Tourism Development Council.
Council Member Bates moved to approve the agenda item as is and to allow for the
applicant to return to the Council should the applicant not receive an increase in funding
from the Tourism Development Committee; seconded by Council Member Brishke. The
motion passed with all members present voting aye.
Item No. 14—Ordinance No.2019-38,Introduction
City Clerk Howe read Ordinance No.2019-38 aloud by title only.
An Ordinance of the Code of Ordinances of the City Council of the City of Clermont,Lake
County, Florida, amending the Code of Ordinances, Chapter 122 Zoning; Amending
Section 122-358 Affordable Housing Density Bonus; Providing for codification;
severability;effective date;and publication.
Council Member Bates moved to introduce Ordinance No. 2019-38; seconded by Council
Member Brishke. The motion passed with all members present voting aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 10,2019
ADJOURN: With no further comments,this meeting adjourned at 8:06 pm.
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APPROVED:
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Gai L. Ash,Mayor
ATTEST:
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Tracy Ackroyd Howe,City Clerk