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HomeMy WebLinkAbout08.03.2021 - City Council MinutesCity of Clermont MINUTES JOINT COUNCIL WORKSHOP August 3, 2021 The City Council met in a joint workshop session with the Planning & Zoning Commission on Tuesday, August 3, 2021 in the Clermont City Council Chambers. Mayor Murry called the workshop to order at 4:00 pm with the following Council Members present: Council Members Pines and Entsuah. Absent: Council Members Purvis and Bates The following Planning & Zoning Commissioners were present: Commissioner Gustafson, Niemiec, Colby, Seaver, Rogers and McAllister. Absent: Chairman Krzyminski Other City officials present were Interim Assistant City Manager Davidoff, City Attorney Mantzaris, and Deputy City Clerk Lueth. O ening Comments Interim Assistant City Manager Davidoff introduced Dr. Richard Levey as the facilitator for the session. Agenda 1. Joint Workshop between the Clermont City Council and the Planning and Zoning Commission Dr. Levey presented a PowerPoint to the joint officials gathered. He highlighted the following items: • Why Plan • Planning History in Florida • Florida's Coordinated Planning System • The Comprehensive Plan • Plan Implementation • The Planning & Zoning Commission and Its Role • Role of Staff • Best Practices Chairman Krzyminski arrived at 4:08 PM City Attorney Mantzaris informed the group that the state legislature recently added a mandatory element to Comprehensive Plans which is the "Property Rights" element. City staff are working to develop the element which will need to be brought before the Commission and Council. Commissioner Niemiec asked what the consequences of non-compliance are with the seven (7) year update requirement. Dr. Levey stated that the State is not taking a heavy hand and is often giving extensions to counties and municipalities. Council Member Entsuah asked how long it takes to review and update the plan. Dr. Levey stated that the process can be designed with lots of public involvement and then periodically checked with the public. He thinks in Clermont it can be done in less than a year. Dr. Levey informed those gathered that the critical role of the Planning and Zoning Commission is the implementation of the Comprehensive Plan. Many communities, including Clermont, have a unified Land Development Code as a part of the City Code. Dr. Levey stated that in regards to membership of the Planning and Zoning Commission, many communities require certain members have a background and expertise; Clermont does not. He wanted to point this out as an observation. City of Clermont MINUTES JOINT COUNCIL WORKSHOP August 3, 2021 City Attorney Mantzaris explained how legislative decisions that are related to land applications are also quasi-judicial. Dr. Levey agreed and said it is an important distinction to understand what quasi-judicial means. Dr. Levey described the roles of officers, staff, and the City Attorney. He also stated that the Planning and Zoning Commission has the benefit that as part of the staff review, all departments are making reviews and recommendations. The application process is like an iceberg and the legislative boards are only seeing the tip. Dr. Levey explained that when staff makes a "staff recommendation" it is after a strong, comprehensive, rigid, constrained review. These decisions reflect the professional opinions of the staff. It is important to understand that if the Council or Commission disagrees with a recommendation, they should address the rules and policies in place and not the competencies of the staff. Dr. Levey reviewed best practices with the group gathered. • Review the staff reports. • Visit the site, but do not enter the site. Stay on the public right of way. • Know the sunshine law. • Avoid independent research. Work through the staff. • Use Roberts Rules of Order. • Put personal views aside and stick to the facts. • Decorum — Avoid Appearances of Unfairness. • Treat All Parties Equally — Applicants, fellow members, the public and staff. • Observe Due Process — All applicants have the right to have their item heard. • Recommendations to the City Council need to be based on fact with relevant information. • Avoid Project Advocacy. Keep your opinions to the confines of the Planning and Zoning Commission. Do not appear before the City Council if you feel strongly on an issue. City Attorney Mantzaris informed those gathered that it is important that decisions be based on substantial competent evidence. The law does not respect a recommendation or vote that is made on the subjective opinion of the Commission or Council. Council Member Entsuah asked about Planning and Zoning Commissioners talking with City staff as he as a Council Member has been advised not to do it. City Attorney Mantzaris explained that that rule does apply to a Planning and Zoning Commissioner like it does to the City Council. He explained that the City Council hires a City Manager to direct their questions and comments to; the Planning and Zoning Commission does not have a designated individual and has to rely on staff for information. Dr. Levey concluded his presentation by summarizing the information that was provided in the PowerPoint. Commissioner Gustafson asked about the use of the word "vision" during the presentation and taking a long range view. He thinks that a vision needs to be established for the City. He would like to see all the interested parties sit down and figure out what the vision for City of Clermont is for the next 10-15 years. Mayor Murry asked for suggestions on how best to review the Comprehensive Plan. Dr. Levey stated that there is a lot of technical reading and it may be difficult to comprehend. He suggested that the Council and Commission rely on staff to lead the review. He also suggested that the current plan does not drive a lot of policy decisions and that during the City's review, they will want to make sure that the plan reflects the values and vision of the City insofar as that it can be used as a basis for decision making. City of Clermont MINUTES JOINT COUNCIL WORKSHOP August 3, 2021 He reminded those gathered that should a conflict occur between the Land Development Code and the Comprehensive Plan, the Comprehensive Plan will overrule the Land Development Code in a court of law. Commissioner Niemiec asked what defines an advocate. Dr. Levey stated that in the context of this presentation, advocate is defined as supporting or opposing a project that was heard or considered as a member of the Planning and Zoning Commission. Dr. Levey stated that it hurts the integrity of the board of commissioners when they cannot remain independent from advocacy. City Attorney Mantzaris added that the goal of the city's legal counsel and city staff is to maintain the integrity of the process. He stated that people have individual bias which is why there are two boards required for review and approval; this helps to maintain the integrity of the process. Commissioner Niemiec asked if he was giving up his rights as a citizen by being on the board. Dr. Levey stated that he is not giving up his rights, but advised that if Commissioner Niemiec feels so strongly that he needs to get up and talk about projects, maybe the Planning and Zoning Commission is not an appropriate role for him. Commissioner Gustafson asked what the next steps are. City Attorney Mantzaris explained that to review the comprehensive plan is both a labor and time intensive project. He informed those gathered that staff is currently maxed maintaining the day-to-day operations. He suggested that outside consultants may be required and stated that many communities usually hire an outside agent to assist with the process. Council Member Pines told the Planning and Zoning Commissioners that a review of the Comprehensive Plan would not be considered until after the Council hires a new a City Manager, and then it may be some time as he or she gets adjusted into the role. Commissioner Niemiec asked Dr. Levey if five (5) years behind schedule is too long to be behind. Dr. Levey stated that there are many examples of municipalities throughout the state that are further behind then Clermont. He also explained that there are numerous things that affect the due dates and so until the research is done, no one should assume that the city is five (5) years behind. His opinion is that the City should be looking at the plan. Commissioner Gustafson said he is not as much concerned about the states reaction, but that the City is growing quickly and that there is an outdate plan to address that. Mayor Murry stated that he thinks that is an unfair assessment as the City staff is constantly looking at the plan and advising on how the code can be updated. City Attorney Mantzaris informed those gathered that even upon review it is unlikely that the required elements change substantially; he did state that the optional elements may come into play as the Council identifies new priorities. Planning and Zoning Chairman Kyrzminski asked about advocacy in situations where a member wishes to make comments based on new items that were received after a project was considered by the Planning and Zoning Commission. Dr. Levey said that this is not uncommon, however, he is of the belief that Planning and Zoning Commissioners are to judge the item before them and then be done with it. City Attorney Mantzaris stated that as a member of Planning and Zoning, there are certain limitations that each Commissioner experiences and accepts when they take on the role. He advised the Planning and Zoning Commission that it is a positive thing if an applicant makes changes after they meet with the Commission. It means that Planning and Zoning did their job and raised valid concerns and questions that the applicant wishes to address. City of Clermont MINUTES JOINT COUNCIL WORKSHOP August 3, 2021 Commissioner Rogers asked about projects that did not come before the Planning and Zoning Commission. Dr. Levey and City Attorney Mantzaris both stated that commissioners have every right to comment. Closing Comments Mayor Murry thanked Dr. Levey for his attendance. In closing, City Attorney Mantzaris stated that it is vitally important that both the Planning and Zoning Commission and the City Council stick to the facts of the case when considering a project. In some regards, the members have to put blinders on and stay inside their lane as to the facts of the application before them and not let outside opinion affect their decisions. City of Clermont MINUTES JOINT COUNCIL WORKSHOP August 3, 2021 ADJOURN: With no further comments, this workshop adjourned at 5:30 pm. APPROVED: Tim Murry, ayor ATTEST: Ackroyd Howe, City Clerk