Minutes - 06.23.2020 - City Council MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
The City Council met in a regular meeting on Tuesday, June 23, 2020 in the Clermont City Center. Mayor
Ash called the meeting to order at 6:30 pm with the following Council Members present: Council Members
Brishke, Travis, Bates, and Purvis.
Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Ben Bond of First Baptist Church of Clermont followed by the Pledge of Allegiance gave the
invocation.
PROCLAMATION
City Clerk Howe read the following proclamation into the record: Parks and Recreation Month. Parks and
Recreation Director Scott Davidoff accepted the proclamation.
PUBLIC COMMENTS
Sandy Farnsworth. Downtown Partnership. — Asked the Council for permission for the food truck night to
start Friday, July 3. Ms. Farnsworth gave a brief overview of the restrictions they have made to prevent the
spread of Covid-19.
Kimberly Grogan. 518 South Distance Avenue, Minneola. — Stated she is a business owner in Downtown
Clermont. She wanted to bring the Council's attention to parking issues on Montrose, specifically with
employees parking on the Main Street. She suggested implementing a 3 to 4 hour parking limit to negate
them from doing that.
REPORTS
CITY ATTORNEY REPORT — No report.
CITY MANAGER REPORT
City Manager Gray began by introducing an agenda change to agenda item number 10 to be tabled.
City Manager Gray stated that Lake County requested the formal reappointment to the Arts and Cultural
Alliance of Chris Dudeck as the representative and Shirley Draper as the alternate.
MOTION TO REAPPOINT to the Lake County Arts and Cultural Alliance, Chris Dudeck as the
rn imary representative and Shirley Draper as the alternate made by Council Member Bates.
Seconded by Council Member Travis. Passed unanimously with all members present voicing aye.
City Manager Gray also responded to the public comment request for the food truck event to restart. He
informed the Council that the City has decided to provide permission for that event when the Governor
announces phase 3 of reopening. Staff has recommended events that bring people together wait until phase
3. Currently, 50 people or less are allowed to congregate together.
City Manager Gray informed the Council that the City has allowed a few events to occur, but under strict
conditions and submitted Covid-19 plans for social distancing. He gave an example of Fred Sommer who
has a triathlon this weekend. He submitted a Covid-19 plan with no more than 25 running at a time. There
is also the Freedom 5k on July 4 who have also submitted a Covid-19 plan of 25 or less and it will not be
awarding any medals.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
City Manager Gray concluded by telling the Council that the next Friday, July 3, City offices will be closed
in observance of Independence Day.
CITY COUNCIL REPORT
Council Member Bates
• Met with downtown partnership about parking concerns. Would like to see additional signage for
free parking at City Hall.
• City Manager Gray stated that the parking issue in downtown would be on the August Workshop
agenda.
Council Member Purvis
• Was shocked to learn about the sudden passing of Jim Hanks.
• Stated he has also been talking to the City Manager about signage for parking throughout the city.
Council Member Brishke
• Inquired as to the date of the budget workshops.
• City Manager Gray stated that the workshops would be on July 21 and 22.
Council Member Travis
• Attended the Tourism Development Commission (TDC) meeting. Provided the Council with
statistics about negative economic impact of Covid-19.
• Attended the Lake Apopka Natural Gas Board meeting. Discussed expansion of services into
Minneola.
• Supported the idea of better utilizing the City Hall parking area.
Mayor Ash
• Wants the Council to be aware that if they open up the parking lot, they need to ensure that city
staff still have enough parking.
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
Item No. 2 — Plat Approval
Item No. 3 — Resolution No. 2020-32R
2
Consider approval of the May 26 and June 9 City
Council Meeting minutes.
Consider plat approval of Lakeview Preserve
Subdivision Phase 2 for 133 lots.
Consider Inter -local Agreement transferring a
thirty-foot (30') platted right of way that runs
parallel to SR 50 in front of the Advent Health
property.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
Mayor Ash opened the floor for comments from the public; seeing no one come forth, the floor was closed.
MOTION TO APPROVE the Consent Agenda of June 23, 2020 made by Council Member Bates
Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye
City Manager Gray informed the Council that the next three (3) agenda items were related so with the
Council's permission, they would read all three items into the record and then have one (1) presentation by
staff.
City Clerk Howe read each items legal title into the record. John Kruse, Planning Manager, made the staff
presentation utilizing a PowerPoint.
Item No. 4 — ORDINANCE NO.2020-12 FINAL —Hartle Road IPAnnexation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A
CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY
BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE, SEVERABILITY,
RECORDING, AND PUBLICATION.
Item No. 5 — ORDINANCE NO.2020-13 FINAL —Hartle Road IP CPA
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 LARGE-SCALE 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.
Item No. 6 — ORDINANCE NO.2020-14 FINAL — Hartle Road IP PUD
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, AN EFFECTIVE DATE, RECORDING,
AND PUBLICATION.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
City Planner Kruse's presentation highlighted the proposed map amendment will change land use from
Lake County Regional Office to the City's Industrial Use. Since the annexation of the property affects the
City's comprehensive plan, the ordinance was transmitted to the state in February 2020 for review and has
since been approved with no additional comments.
City Planner Kruse concluded his presentation by stating that the City is able to serve this zoning and
staff recommended approval. He also informed the council that the Planning & Zoning Commission
recommended approval.
Mayor Ash asked if the applicant was present.
Allison Turble. Winter -Medley Law Firm —Applicants Representative. Stated that the applicant agrees
with staff's recommendations and they are available if there are any questions.
Mayor Ash opened the floor for comments from the public; seeing none, the floor was closed.
Council Member Purvis disclosed that he had an email exchange with the applicant, but has no further
questions.
MOTION TO APPROVE and adopt Ordinance No. 2020-12 made by Council Member Bates
Seconded by Council Member Travis. Passed 5-0 on a roll call vote with all members present
voicing aye.
MOTION TO APPROVE and adopt Ordinance No. 2020-13 made by Council Member Bates
Seconded by Council Member Travis. Passed 5-0 on a roll call vote with all members present
voicing aye.
MOTION TO APPROVE and adopt Ordinance No. 2020-14 made by Council Member Bates
Seconded by Council Member Travis. Passed 5-0 on a roll call vote with all members present
voicing aye.
Item No. 7 — ORDINANCE NO.2020-19 FINAL —Affordable Housing Density Bonus
City Clerk Howe read aloud the 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.
City Clerk Howe read the legal title of the ordinance. City Planning Manager John Kruse
provided the staff report via a PowerPoint presentation. Planner Kruse highlighted that the
rental rates will be based on 2019-area median income with data updated annually. This largest
group in need are those within 30% of the poverty line. He concluded the presentation by stating
that staff recommends approval of ordinance 2020-19, and the Planning and Zoning Commission
recommends approval.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
City Manager Gray informed the Council that this is one of the largest issues facing the City and reminded
the Council they have had multiple workshops on the issue. He also reminded them that they put a
moratorium in place which was due to be lifted in April, but was extended to July 10 as allowed in the
adopting ordinance. City Manager Gray expressed that he felt this is a good product and will only be utilized
if a developer wants the density bonus. Under normal zoning, a developer could develop at twelve (12)
dwelling units per acre, under the density bonus; they could go to twenty (20) dwelling units per acre.
He added that as a safety measure, a developer would need to return to the City Council for approval, as
they would have to apply for the bonus as a Planned Unit Development.
Mayor Ash opened the public hearing for comments from the public; seeing none, the floor was closed.
Council Member Bates asked if there are any current applications. City Manager Gray stated there are no
current applications, but there is interest from several developers depending on the outcome of these
ordinances.
Council Member Purvis asked about the Hooks Street Corridor. Planner Kruse clarified that under the
current ordinance the density bonus is allowed along Hooks Street, but it requires direct connection to
Hooks Street. Under the revised ordinance, the overlay map will be eliminated and replaced with the text
changes.
MOTION TO APPROVE and adopt Ordinance No. 2020-19 made by Council Member Bates
Seconded by Council Member Travis. Passed 5-0 on a roll call vote with all members present
voicing aye.
Item No. S — ORDINANCE NO.2020-20 FINAL —Accessory Dwelling Unit (ADU)
City Clerk Howe read aloud the title only.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF CLERMONT BY ADDING SECTION 122-365, ACCESSORY
DWELLING UNITS; SETTING FORTH STANDARDS AND REGULATIONS
FOR THE CRITERIA FOR ACCESSORY DWELLING UNITS; AND
PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
City Clerk Howe read the legal title into the record. City Planning Manager John Kruse provided the staff
presentation via a PowerPoint presentation. Planner Kruse highlighted that this ordinance is supported by
the City's Youth Council as part of their research into tiny homes. Under this ordinance, the accessory
dwelling unit (ADU) would need to be permitted in any residential neighborhood unless restricted by a
Home Owners Association. He concluded by stating that staff recommends approval and the Planning and
Zoning Commission recommended approval on a 6-1 vote.
City Manager Gray commended the Youth Council and City Clerk Howe for their work that brought this
project forth.
Mayor Ash opened the floor for public comments.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
Charlene Forth, 939 W. Desoto Street, Clermont. — Asked for clarification on what the ordinance would
do.
City Manager Gray explained that this topic came up during several City Council workshops regarding
workforce housing. He further explained that this a tool to add to the city's toolbox to address the shortage
in workforce housing. The accessory dwelling units will primarily be on the west side of the city; could be
used to qualify an addition such as a mother-in-law suite.
Ms. Forth asked if this could be a rental on top of residence. City Manager Gray replied yes and that Lake
County just approved a similar ordinance.
Seeing no further comments, Mayor Ash closed the floor from additional public comments.
Council Member Purvis stated that he is in full support, but does have a concern with constructing as an
Airbnb. He does not believe it is the intent of the ordinance to develop spaces to be used for short-term
housing and asked City Attorney Mantzaris if there is anything that could be done to restrict use.
City Attorney Mantzaris replied that the City is preempted from doing any restrictions.
Council Member Purvis asked about water and sewer connections and if the expansion of the use would
mean increased impact fees. City Planner Kruse responded that adding an ADU would be no different from
if a property owner was adding on to the home. Attorney Mantzaris clarified that as long as the construction
did not add additional impact to the system there would be no fee. If there were an impact, a fee would be
appropriate.
City Manager Gray stated that staff is currently not proposing to change the fee structure for impact fees in
this ordinance. Council Member Purvis further inquired if the ADU would get its own meter and tap. City
Manager Gray said he did not think so. City Planner Kruse restated that is no different than if an owner
created an additional bedroom, unless it is detached from the home, then Environmental Services would
have to look at the situation separately.
Council Member Purvis stated he has a concern about charging a full fee if the addition is not getting its
own meter and sewer tap. City Manager Gray said staff would look at the issue when it reviews the city fee
structures.
Council Member Travis asked if the ADU would get a separate address and tax bill. City Attorney Mantzaris
stated that the ADU would share the principal dwellings address. Council Member Travis expressed a
concern about EMS calls when the emergency is in the ADU and not the primary residence. City Manager
Gray stated that responders would respond to the primary residence and then be directed from there. Council
Member Travis asked what if no one was home at the primary residence. City Manager Gray stated that the
first responders have procedures in place for these situations as there are currently homes in the City that
have mother-in-law suites.
Attorney Mantzaris reminded the Council that this ordinance does not alleviate a homeowner from building
and fire codes as well as setback requirements, which all must be met by the structure.
MOTION TO APPROVE and adopt Ordinance No. 2020-20 made by Council Member Bates
Seconded by Council Member Brishke. Passed 5-0 on a roll call vote with all members present
voicing aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
Item No. 9 — ORDINANCE NO.2020-22 FINAL — CBD Density Bonus Amendment
City Clerk Howe read aloud the 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 122-249 DENSITY BONUS CRITERIA; PROVIDING
FOR CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND
PUBLICATION.
City Clerk Howe read the legal title of the ordinance into the record. City Planning Manager John Kruse
provided the staff presentation via a PowerPoint presentation. City Planner Kruse highlighted that in 2017,
the City increased density in the Central Business District (CBD), which allowed for a maximum of 12
dwelling units per acre. However, it was required that there be fee simple ownership and that construction
materials be consistent throughout the building and be made of masonry block or steel. Since the adoption
in 2017, there have been no developments greater than 12 units per acre. After speaking with the developers,
it was determined that the fee simple ownership and construction material provisions were hampering
efforts. City staff proposing the removal of these two (2) provisions based on feedback from the builders.
He concluded by informing the Council that staff recommends approval and the Planning and Zoning Board
recommends approval.
City Manager Gray told the Council that this ordinance came out of workshops held to discover means to
provide more density in downtown while balancing cost effectiveness and the workforce needs.
Mayor Ash opened the floor for comments from the public.
Jayson Stringfellow. W Lakeshore Drive, Clermont. — Asked for clarification. He believed that there was
to be a compromise that the first floor would be block or masonry, but the above levels could be other
materials. Planner Kruse responded that the intent of the ordinance was as Mr. Stringfellow had stated and
that a sentence could be added to the ordinance to clarify this requirement.
Charles Forth, 939 W. Desoto Street — Stated that he had also spoke at a workshop; Mr. Forth feels that
most entry points come from the ground and move up. He strongly recommends that the Council keep the
first floor metal framing.
Charlene Forth, 939 W. Desoto Street — Felt that a building should be block. Opposed the ordinance.
Seeing no further comments, Mayor Ash closed the floor to the public.
MOTION TO APPROVE and adopt Ordinance No. 2020-22 as amended made by Council
Member Bates. Seconded by Council Member Travis. Passed 5-0 on a roll call vote with all
members present voicing aye.
Item No. 10 — ORDINANCE NO.2020-24 FINAL — Governor's Lake PUD Amendment
City Clerk Howe read aloud the title only.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
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 CONFLICT, SEVERABILITY, RECORDING, AN
EFFECTIVE DATE, AND PUBLICATION.
This item was voted on out of order and was considered during the City Manager's report.
MOTION TO TABLE until July 14, 2020 consideration of Ordinance No. 2020-24 for
Governor's Lake PUD by Council Member Bates. Seconded by Council Member Purvis
Passed unanimously with all members present voicing aye.
NEW BUSINESS
Item No. 11— LIEN REDUCTION REQUEST
Development Services Director Curt Henschel presented a lien request from the Legends Golf Course. The
applicant is the homeowners association (HOA) who is a pending buyer of the Golf Course. The HOA has
issued a Letter of Intent to purchase the golf course for $750,000. Director Henschel stated that staff
supports the reduction request, but asks that it be conditioned to be good for only 60 days in case the sale
does not go through.
Council Member Bates stated that as a property owner of the Legends Homeowners Association, he has to
recuse himself from the discussion and vote.
William Garbarino. Legends HOA President — Applicant. Asking to reduce or eliminate the lien.
Laurel Beckel. LGCC Representative — Property owner representative. Informed the Council that there
was extensive litigation regarding the golf course and that the lessee of the golf course was the issue. They
have since been removed and have worked to correct the code enforcement issues.
Mayor Ash opened the floor for comments from the public; seeing no one come forth the floor was closed.
Council Member Travis asked if the property was currently in compliance. Director Henschel replied that
it was.
Mayor Ash asked what the property sold for originally. Ms. Beckel stated that it was sold for $840,000 two
(2) years ago.
Council Member Purvis asked Ms. Beckel if there were any other existing liens or fines. Ms. Beckel
explained that once sold to the HOA, the HOA would get a fresh start, so upon sale; it would not be an
issue. Attorney Mantzaris explained that fines do not carry over to a new owner, only liens do.
City Manager Gray stated that the Legends community has 867 residents of the city and that staff
recommends wiping the fines clean. He added that these residents have stepped up and dealt with this issue
and they are buying it themselves.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
The Council asked how much the City was in for enforcement action. Director Henschel stated between
$5,000 - $10,000. Council Member Purvis stated that he would compromise down to $5,000. Council
Member Travis agreed.
MOTION TO REDUCE the lien amount to $5,000 good for 60 days made by Council Member Travis
Seconded by Council Member Brishke. Passed 3-1-1 with Council Member Purvis opposing and Council
Member Bates abstainina.
Item No. 12 — ORDINANCE NO.2020-16 INTRODUCTION—Hartwood Marsh ALF CPA
To clam, there was a typo on the original published agenda. This is Ord 2020-16
City Clerk Howe read the title aloud.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SMALL
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 SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING
FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE
ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL
SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
MOTION TO INTRODUCE for further consideration Ordinance No. 2020-16 made by Council
Member Bates. Seconded by Council Member Brishke Passed unanimously with all members
present voicing aye.
Item No. 13 — ORDINANCE NO.2020-17 INTRODUCTION— Hartwood Marsh Rezoning
To clam, there was a typo on the original published agenda. This is Ord 2020-17.
City Clerk Howe read the title aloud.
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.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
MOTION TO INTRODUCE for further consideration Ordinance No. 2020-17 made by Council
Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members
present voicing, aye.
Item No. 14 — ORDINANCE NO.2020-25 INTRODUCTION —Medical Marijuana Dispensary
City Clerk Howe read aloud the title only.
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, RELATED TO MEDICAL MARIJUANA DISPENSARIES AND,
AMENDING CHAPTER 18 "BUSINESSES", ARTICLE III, "MEDICAL
MARIJUANA DISPENSARIES AND CANNABIS FARMS", SECTIONS 18-85,
"PURPOSE AND DEFINITIONS", 18-86 "MEDICAL MARIJUANA
DISPENSARIES AND CANNABIS FARMS PROHIBITED" AND 18-88
"EFFECT OF ANNEXATION" DELETING AND REPEALING THE
PROHIBITION ON MEDICAL MARIJUANA DISPENSARIES; AMENDING
CHAPTER 82 "GENERAL PROVISIONS", SECTION 82-12 "LAND USE
DEFINITIONS" TO ADD A DEFINITION OF "MEDICAL MARIJUANA
DISPENSARY"; AMENDING CHAPTER 122 "ZONING", ARTICLE III
`DISTRICTS", DIVISION 10 "C-1 LIGHT COMMERCIAL DISTRICT",
SECTION 122-203 "PERMITTED USES", DIVISION I "C-2 GENERAL
COMMERCIAL DISTRICT", SECTION 122-223 "PERMITTED USES",
DIVISION 12 "CBD CENTRAL BUSINESS DISTRICT", SECTION 122-243
"PERMITTED USES" TO ESTABLISH MEDICAL MARIJUANA
DISPENSARIES AS PERMITTED USES; AND PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
MOTION TO INTRODUCE for further consideration Ordinance No. 2020-25 made by Council
Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members
present voicing aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 23, 2020
ADJOURN: With no further comments, this meeting adjourned at 8:01pm.
ATTEST:
Tracy Ackroyd Howe, City Clerk
11
APPROVED:
I' - "Wrales
Gail L. Ash, Mayor
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
BATES, TIMOTHY CLERMONT CITY COUNCIL
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
4001 GREYSTONE DR WHICH I SERVE ISAUNIT OF:
CITY COUNTY fid CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CLERMONT LAKE NAME OF POLITICAL SUBDIVISION:
CLERMONT CITY COUNCIL SEAT 1
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
06/23/2020 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
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 (CRAs) 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 8B - EFF. 11/2013 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
TIMOTHY BATES , hereby disclose that on JUNE 23 20 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:
I own a home in the Legends subdivision that has a golf course. A motion came to the city council to decrease
fines that the owner of Legends Golf Course obtained over the last 2 years. The Legends Home Owners
Association has proposed to buy the Legends Golf Course (potentially contingent on the decrease of the fines).
If the formentioned fines were decreased and the Home Owners Association does buy the property, then my
monthly personal home owner dues would possible decrease a few dollars. This would cause me to financially
benefit from voting on the decrease of the fines, which is a conflict of interest.
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.
06/26/2020
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 8B - EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f). F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
BATES, TIMOTHY CLERMONT CITY COUNCIL
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON
4001 GREYSTONE DR WHICH 1 SERVE ISAUNIT OF:
CITY COUNTY lid CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CLERMONT LAKE NAME OF POLITICAL SUBDIVISION:
CLERMONT CITY COUNCIL SEAT 1
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
06/23/2020 af ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 813
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 (CRAs) 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 8B - EFF. 11/2013 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
TIMOTHY BATES , hereby disclose that on JUNE 23 20 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:
I own a home in the Legends subdivision that has a golf course. A motion came to the city council to decrease
fines that the owner of Legends Golf Course obtained over the last 2 years. The Legends Home Owners
Association has proposed to buy the Legends Golf Course (potentially contingent on the decrease of the fines).
If the formentioned fines were decreased and the Home Owners Association does buy the property, then my
monthly personal home owner dues would possible decrease a few dollars. This would cause me to financially
benefit from voting on the decrease of the fines, which is a conflict of interest.
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.
06/26/2020
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 SB - EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.