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Minutes - 04.28.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 The City Council met in a semi -virtual regular meeting on Tuesday, April 28, 2020 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30 pm. City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. ROLL CALL City Clerk Howe took the opening roll. Present: Council Member Bates, Council Member Purvis, Council Member Brishke, Council Member Travis, and Mayor Ash Absent: None MAYORS OPENING COMMENTS Mayor Ash provided the Council with an update on the City's response to Covid-19. She also informed the Council that Officer Conrad Buckley of the Clermont Police Department had passed away due to complications from the Covid-19 virus. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed in honor of Officer Buckley followed by the Pledge of Allegiance. PROCLAMATION City Clerk Howe read the following proclamations into the record: Building Safety Month, Occupational Health and Safety Week, and Public Service Recognition Week. PUBLIC COMMENTS Mayor Ash opened the floor for comments from the public on items not on the agenda. City Manager Gray asked City Clerk Howe if there were any public present that wished to speak. City Clerk Howe responded that there was no public present that wished to speak at that time. City Manager Gray asked City Clerk Howe if there were any messages received by the public. City Clerk Howe stated she did receive public comments via email. City Clerk Howe read the comments into the record as received. James Briggs. Unknown Address. — Wished to express appreciation to city crews for work done on property. City Manager Gray informed the Council that Mr. Briggs is president of the Clermont Historical Society. Becky A. Unknown Address, Clermont — Expressed support for the allowance of backyard chickens and requested that it be on a future agenda for consideration. Kevin Nollmeyer. Unknown Address. — Inquired as to when city parks would be reopened for use. REPORTS CITY MANAGER REPORT City Manager Gray informed the Council there would be several changes to the agenda. City Clerk Howe read Ordinances No. 2020-13, 2020-14, 2020-15 into the record by title only after which the Council voted to table each item to the dates provided by City Manager Gray. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 City Manager Gray further explained that Ordinances No 2020-13 and 2020-14 were being tabled because the Planning & Zoning Commission had not yet heard them. He also informed the Council that Agenda Item No. 9 had been withdrawn. City Manager Gray continued his report stating that a testing site had been opened at the Cooper Memorial Library. It was very popular and caused traffic to back up onto Oakley Seaver Blvd. He communicated with the County and the site will be moved to the Arts & Recreation Center (ARC), which can better stack vehicles. The site will open next Tuesday, May 5 at 8:00 am. He concluded his report by informing the Council that the City will be opening the boat ramp starting May 1 at 7:00 am, as well as Palatlakaha Park and Hancock Park, however the basketball court and playground will not be open yet. The Lake Hiawatha Preserve will also open May 1. He informed the Council that public restrooms will continue to be closed and that their opening would be phased in. City Hall is already starting to phase in employees back to City Hall since 80% of employees have been working remotely. City Manager Gray asked if the Council needed to vote on the proposed phasing plan. Attorney Mantzaris stated that this is just a notification and no vote is required. He further stated that the City Manager has the authority under the Governor DeSantis's executive order to dictate the phasing in plan. Council Member Travis asked if the swimming area would also be reopened. City Manager Gray stated that he is recommending against opening the beach now, but they are hoping to open as part of the later phased opening in the month of May. Council Member Travis asked about the bathrooms. City Manager Gray stated that it takes a lot to clean them and not all staff have returned yet. They will stay closed until they hear an update from the Governor. Council Member Bates asked about signage on social distancing. City Manager Gray stated they are putting together signage now for the trails and parks as recommended by the Centers for Disease Control (CDC). Council Member Brishke asked about social distancing at the boat ramp. City Manager Gray stated the reason the boat ramp was closed is that people were gathering there, staying there, and not going out in their boats. Going forward, a park ranger will be onsite from 7:00 am — 7:00 pm as well as a police officer in the evenings to ensure social distancing. Council Member Purvis liked the plan and said it is a good first step CITY ATTORNEY REPORT Attorney Mantzaris stated that he has no report other than to wish City Manager Gray a Happy Birthday. CITY COUNCIL REPORTS Council Member Bates: • Received a concerned phone call about traffic around the area conducting the Covid-19 testing. He spent two (2) hours out there observing and saw at least eighty (80) cars in line. However, no portion of the roads were blocked off while he was there. • Sent condolences to Officer Buckley's family and to the Clermont Police Department. Council Member Purvis: • Sent condolences to the Police Department for the terrible loss to the City of Clermont. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 • Asked a procedural question of Attorney Mantzaris. He has a concern regarding having land use cases during state of emergency and the inability of the public to have a fair and easy method to convey thoughts on an issue. He would like Attorney Mantzaris to discuss with the City Manager the possibility of postponing all land use cases until state of emergency ceases and the Council is able to meet in regular format again. In regards to the procedural question, Mayor Ash told Council Member Purvis that the land use cases have already been postponed until June, and she feels this may clear up by then, so they should just wait and see. Attorney Mantzaris responded to Council Member Purvis that during the meeting where they adopted the state of emergency, the Council put language into the declaration to acknowledge that this is a fluid situation and that processes will be changed to make sure the public has participation opportunities especially on quasi-judicial matters. Currently, he agrees with the tabling of items until after May. He cautioned the Council though that these items cannot be delayed indefinitely. Applicants have rights as well, and the Council may have to move forward on items depending on how long this lasts. Council Member Brishke: • Feels like the Council needs to have a contingency plan for the new normal. She felt it might be worth having the conversation at a workshop to have something in place. The City will need a solution for the future if this happens again. In regards to the request for a plan, City Manager Gray stated he would place the item for discussion on the next workshop agenda. Council Member Travis: • Wished City Manager Gray a Happy Birthday. ■ Sent condolences to the Buckley family. • Attended first Microsoft Teams meeting with the Lake Apopka Natural Gas Board. ■ Complimented the City on brick pavers, which look very good. In regards to the brick pavers, Mayor Ash agreed with Council Member Travis and said that the repaving was stunning. City Manager Gray stated that Minneola, Montrose and Eighth Streets would also be brick paved. Mayor Ash: • Wished everyone well. Encouraged residents to responsibly reach out to a neighbor if able so they do not feel alone in this situation. CONSENT AGENDA Mayor Ash advised that 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— Minutes Approval Consider approval of the City Council Workshop minutes of April 7, 200 and the semi -virtual regular meeting of April 14, 200. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 Item No. 2 — Bid Award Item No. 3 — Bid Award Item No. 4 — Easement Item No. 5 — Resolution No. 2020-17R Consider awarding bid to Ring Power Corporation in the budgeted amount of $51,000 for the purchase of articulating boom lift. Consider awarding bid to Folsom Services Inc. in the budgeted amount of $59,123.45 for electrical improvement to lift station E9. Consider Electric Energy Easement with Duke Energy Florida LLC for installation and maintenance of electrical energy to Edgewood Park Place. Consider authorizing the submission of a grant application to the Florida Division of Cultural Affairs Facilities Program requesting $210,000 for the Clermont Performing Arts Center. Mayor Ash asked if there were anyone in the Council Chambers who wished to speak. City Clerk Howe responded that there was no one who wished to speak on the consent agenda. MOTION TO APPROVE the Consent Agenda of April 28, 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye UNFINISHED BUSINESS Item No. 6 — Ordinance No. 2020-13 — FINAL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE LARGESCALE 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. This item was voted on out of order and was considered during the City Managers report. MOTION TO TABLE until June 23, 2020 final consideration of Ordinance No. 2020-13 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 Item No. 7 — Ordinance No. 2020-15 — FINAL AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, RECORDING, AND PUBLICATION. This item was voted on out of order and was considered during the City Managers report. City Attorney Mantzaris informed the Council that Council Member Travis declared that she had a conflict of interest and would be abstaining from the vote. MOTION TO TABLE until June 9, 2020 final consideration of Ordinance No. 2020-15 made by Council Member Bates. Seconded by Council Member Brishke. Passed 4-0 with one (1) abstention by Council Member Travis. NEW BUSINESS Item No. 8 — Ordinance No. 2020-14 — FINAL AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, RECORDING, AND PUBLICATION. This item was voted on out of order and was considered during the City Managers report. MOTION TO TABLE until June 23, 2020 final consideration of Ordinance No. 2020-14 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 9 — Resolution No. 2020-04R This item has been withdrawn from the agenda. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 Item No. 10 — Resolution No. 2020-19R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM RELATED TO MULTI -FAMILY DEVELOPMENT ADOPTED BY ORDINANCE 2019-39 FOR A PERIOD OF NINETY (90) DAYS; FINDING THAT THE EXTENSION OF THE MORATORIUM IS NECESSARY TO ACCOMPLISH THE PURPOSES AND FINDINGS SET FORTH IN ORDINANCE 2019-39; AND PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. City Clerk Howe read the legal title into the record. City Manager Gray provided the analysis. City Manager Gray referenced the workshop earlier in the month where they discussed affordable housing. Based on that workshop, staff is working to draft together ordinances based on recommendation and those will be on the Council agenda in June. City Manager Gray further explained the moratorium expired on April l0ffi, but the adopting ordinance allows the Council to extend it for 90 days by Resolution if they so choose. An extension would then expire on July 10, 2020. There are currently no multi -family applications with the city. Mayor Ash opened the floor for comments from the public. Joe Gustafson. 3699 Corsica Lane, Clermont. - Asked for a guidance to tie terms together. The definitions have changed. He would like more information. In response to Mr. Gustafson, City Manager Gray explained that affordable housing is defined in Florida Statutes and it can be at any range of priced housing. The Council in Clermont wants to focus on workforce housing which is above the poverty level, since there are already programs to address those situations. They do inter -relate but are different. Mayor Ash asked if there were any additional comments from the public. City Clerk Howe read into the record a submitted email received. Lee Steinhauer, AAGO. — Expressed opposition to the moratorium extension. City Manager Gray reminded the Council that the City has currently received no applications. Council Member Purvis asked if the moratorium could be extended after the July 10, 2020 expiration. Attorney Mantzaris responded that adopting the ordinance only allows for one (1) extension. MOTION TO APPROVE AND ADOPT the moratorium extension in Resolution No. 2020-19R made by Council Member Purvis. Seconded by Council Member Bates. Passed unanimously with all members present voicing ave. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:19 p.m. F\' ' ' @Vj �I 1� A Tracy Ackroyd Howe, City Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MI DLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS �•—� At� THE BOARD, COUNCIL, COMMISSION, AUTV RITY OR COMMITTEE ON WHICH I SERVE 1S A UNIT OF: ITY ❑COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: �ONICH VOTE OCCURRED L� LWELECTIVE MY POSITION IS: ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative, or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN - You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 86 - EFF. 1112013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST herebydisclose that •n_ 2 20 c}D (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, Inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or by inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: / If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed z3ignature ul�ur-m l`KUVl5lUN5 OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(fi, F.A.C. PAGE 2 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME—JIDLE NAME NAME OF BOARD, COUNCIL, COMMISSION,AUTHORITY, OR COMMITTEE �r%T MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTt RITY OR COMMITTEE ON '7 J �G� l VN11CH I SERVE IS A UNIT OF: CI IY / v COUNTY IT' ❑ COUNTY ❑ OTHER LOCAL AGENCY AME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: \j ELECIIVE U APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or reqional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. tF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes (Continued on page 2) Ut rUhtM 61:3 - tFF. 1112013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 20 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11l2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C.