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Minutes - 05.12.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING May 12, 2020 The City Council met in a semi -virtual meeting on Tuesday, May 12, 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 called the opening roll. Present: Council Member Bates, Council Member Purvis, Council Member Brishke, Council Member Travis, and Mayor Ash Absent: None INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed to reflect on the issues and problems affecting the country followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Howe read the following proclamations into the record: Better Hearing Month. MAYORS OPENING COMMENTS Mayor Ash provided the Council with an update on the City's response to Covid-19. In addition to reopening the city boat ramp on May 1. The City has waived outdoor seating permit fees for the month of May. She announced the public restrooms would be open beginning Friday, May 15. She thanked City staff who have been working to keep services running smoothly. She reminded all those viewing and in attendance that together, we will get through this, and if a person needs to go out, they should wear a mask and follow Center for Disease Control (CDC) social distancing guidelines. PUBLIC COMMENTS Mayor Ash opened the floor for comments from the public on items not on the agenda. Mayor Ash asked City Clerk Howe if there were any public present that wished to speak. City Clerk Howe responded there was no public present that wished to speak at that time. Mayor Ash asked City Clerk Howe if there were any messages received by the public. City Clerk Howe indicated that she did not receive any messages from the public. REPORTS CITY MANAGER REPORT City Manager Gray began his report by informing the Council that there was a change to the agenda, and that Agenda Item No. 4 would need to be tabled until June 9 at the request of the applicant. City Manager Gray continued his report by providing an update on facility openings. City Hall would be reopening with the 2' and 3' floors accessible to the public by appointment only. Semi -virtual meetings will continue for the City Council and boards until Phase 3 reopening. City Manager Gray brought up the issue of the 41h of July event and the fireworks payment. City of Clermont MINUTES REGULAR COUNCIL MEETING May 12, 2020 The City has placed a 50% ($7,500) deposit on the fireworks for the July 4 event and the company needs to know by May 20 if the City will move -forward with the fireworks. If the City cancels after May 20, the City will lose its deposit. City Manager Gray asked for guidance from the Council on how they would like to proceed. He recommended moving the fireworks to another date or cancelling all together. The Council provided consensus that they do not wish to lose the deposit and would like to have fireworks. There was a difference of opinion as to whether the fireworks should remain on July 4 or more to another date. Parks and Recreation Director Davidoff informed the Council that the City has a good relationship with the fireworks vendor and they are willing to work with the City. Council Member Travis stated the City is facing a massive budgetary deficit and should not be spending money on fireworks. City Manager Gray clarified for the Council that the City is taking a hit on sales tax revenues. The City's Finance Department is projecting a 25 to 35% reduction in revenue. He will have a fuller report for the Council on this issue in mid -June before the July budget workshops. City Attorney Mantzaris informed the Council that a motion is necessary in regards to whether to keep or terminate the contract. MOTION TO MOVE FORWARD with the fireworks contract with an event date vet to be determined based on a report provided by the City Manager made by Council Member Purvis Seconded by Council Member Bates. Passed unanimously with all members present voicing ave. City Manager Gray concluded his report by informing the Council the May workshop is cancelled, but he is planning one for June. CITY ATTORNEY REPORT City Attorney Mantzaris did not have a report. CITY COUNCIL REPORT Council Member Bates: • No report. Council Member Purvis: • Thanked the City Utilities staff for providing excellent service during multiple water main breaks. • Expressed concern over incidents concerning overcrowding, and request the City Manager explain the law enforcement process for enforcing the governor's rules. In regards to the law enforcement question, City Manager Gray responded that the Police Department is making contact with establishments receiving complaints to inform them of the orders. Complaints are then turned over to the state, especially on the commercial side. Council Member Purvis stated he wanted it on the record that the City is responding and he believes they are doing a good job. City of Clermont MINUTES REGULAR COUNCIL MEETING May 12, 2020 Council Member Brishke: • On May 2, she attended Officer Buckley's service by internet. • Felt the City boat ramp has seen an increase of boaters from out of county. She would like to see the City offer passes specific to City residents by creating a fee schedule for anyone outside of the county. In addition, she would like to establish hours of operation so the City is being respectful of those who live in the area. Council Member Travis: • Lake Apopka Gas awarded the Gold Soar Award. • Would like to have the Council Member Brishke's conversation on the boat ramp . In regards to the boat ramp, City Manager Gray stated that he would work with Director Davidoff and bring something back to the Council at the next meeting. 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— Plat Approval Item No. 2 — Task Order Approval and Budget Amendment Item No. 3 — Change Order Approval and Contingency Fund Consider plat for Waterbrooke Phase 3 for 253 lots located at SR 50 and Emil Jahna Road. Consider task order for the Clermont Rowing course and budget amendment in the amount of $70,495 Consider Change Order 8,9, 10,11, 12,13 and 14 to the downtown streetscapes phase 1 construction contract with Traverse Group, Inc for additional services in the total combined amount of $211,917.14 and adding a contingency fund in the amount of $442,389 or 10% of current of new contract value for future change orders. Mayor Ash opened the floor for comments from the public. City Manager Gray asked if there was any public present. City Clerk Howe responded that there was no one from the public who wished to address the council. Council Member Purvis asked that Consent Item No. 2 be pulled for further discussion. MOTION TO APPROVE items No. 1 and 3 of the Consent Agenda of May 12 2020 made by Council Member Bates. Seconded by Council Member Travis. Passed unanimously with all members present voicing ave. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING May 12, 2020 Council Member Purvis stated that he is in support of Item No. 2, but has received questions from the public about the circumstances that generated the expenditure and would like the City Manager to address that issue. City Manager Gray explained to the Council that they received a consent order from the Florida Department of Environmental Protection and the one condition of the consent order was that they conduct this survey of the rowing course. The City had 90 days from accepting the consent order to complete the survey; the consent order was accepted in April. Council Member Purvis asked City Manager Gray to explore joint payment opportunities with the rowing group or the County. MOTION TO APPROVE item No. 2 of the Consent Agenda of May 12 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. NEW BUSINESS Item No. 4 — Variance Request (Fazoli's Restaurant) This item was voted on out of order and was considered during the City Managers report. MOTION TO TABLE until June 9, 2020 consideration of variance request for Fazoli's Restaurant made by Council Member Bates. Seconded by Council Member Brishke Passed unanimously with all members present voicing aye. Item No. 5 — Partial Lien Release (1800 US Highway 27) City Attorney Mantzaris gave an overview of the history of the property. Since a lien is applied to an owners other properties within a county, the property owner is requesting a partial lien release so that he may move forward with a development on a property in another part of the County. The requestor is willing to make a $10,000 payment towards the $40,000 due. The remaining $30,000 would still be against his other properties. Attorney Mantzaris read an email into the record from the requestor's attorney who was unable to be at the meeting. Mayor Ash expressed opposition to letting property owners make deals with the City. Council Member Travis asked if this was the property with the rusty truck. City Manager Gray confirmed that it was. Council Member Purvis asked that the Code Enforcement process be discussed at a future workshop. MOTION TO. APPROVE the partial lien release and acceptance of $10 000 towards the $40,000 outstanding lien made by Council Member Travis. Seconded by Council Member Bates. Passed 4-1 with Mayor Ash voting against. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING May 12, 2020 Item No. 6 — Ordinance No. 2020-23 - Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CLERMONT CODE OF ORDINANCES, CHAPTER 94 ENVIRONMENTAL PROTECTION TO MAKE MODIFICATIONS TO BRING THE REGULATIONS INTO CONFORMANCE WITH THE MOST CURRENT FEMA-APPROVED, FLOODPLAIN MANAGEMENT ORDINANCE FOR FLORIDA COMMUNITIES THAT IS COORDINATED WITH THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-23 made by Council Member Bates. Seconded by Council Member Travis. Passed unanimously with all members present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING May 12, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:51pm. APPROVED: ail L. Ash, Mayor ATTEST: Tracy Ackroyd Howe, City Clerk