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07.27.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 CALL TO ORDER The City Council met in a regular meeting on Tuesday, July 27, 2021 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30 pm with the following Council Members present: Council Members Pines, Entsuah, and Purvis. Absent: Council Member Bates Other City officials present were Interim City Manager Dauderis, City Attorney Mantzaris, and Deputy City Clerk Lueth INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Pastor Ron Hoffecker of Clermont Seventh Day Adventist Church followed by the Pledge of Allegiance. OPENING COMMENTS Interim City Manager Dauderis announced changes to the agenda and the Council took the following actions: ITEM No. 8 — Ordinance No. 2021-017 — FINAL — Headquarter Honda Garage Annexation 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 SEVERABILITY; ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR; RECORDING; PUBLICATION AND AN EFFECTIVE DATE. MOTION TO TABLE consideration of Ordinance No. 2021-017 until the meetinuto be held Auggst 10 2021 made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. ITEM No. 9 — Ordinance No. 2021-018 — FINAL — Headquarter Honda Garage CPA AN ORDINANCE 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 FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. MOTION TO TABLE consideration of Ordinance No. 2021-018 until the meeting to be held August 10, 2021 made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 ITEM No. 10 — Ordinance No. 2021-019 — FINAL — Headquarter Honda Garage Zoning 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 SEVERABIL,ITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. MOTION TO TABLE consideration of Ordinance No. 2021-019 until the meeting to be held August 10 2021 made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye ITEM No. 11 — Resolution No. 2021-037R — Headquarter Honda Garage CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A VEHICLE STORAGE AND INVENTORY GARAGE STRUCTURE IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. MOTION TO TABLE consideration of Resolution No. 2021-037R until the meeting to be held Auggst 10 2021 made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicing a. e. PRESENTATIONS Police Department Police Chief Broadway presented the 2020 Supervisor of the Year Award to Sergeant Chris Martin. A brief history was provided of Sergeant Martin's career. Chief Broadway lauded the work of Sergeant Martin and provided examples of his leadership within the department. He was fallen Officer Buckley's supervisor and provided exemplary service to Officer Buckley's family. Chief Broadway, at the request of Mayor Murry, gave an update on Officer Kevin Garrett who was recently injured by a drunk driver. He is currently in recovery and looking forward to coming back. Boys & Girls Club of South Lake Count Cheryl O'Rourke, Service Director for the South Lake Boys & Girls Club, made a presentation to the Council. She informed them that she was transferred from North Lake County last fall. She has enjoyed learning about the Clermont and South Lake County community. She provided data and statistics on those that the organization serves. She also described the services that the organization provides and how it helps not only the children, but the parents and families of the community. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 In 2021, they focused on two major programs: Youth for Unity, which addressed racism, sexism, and other isms; and, the Performing Arts Program which allowed youth to participate in Broadway type musicals and performances. Ms. O'Rourke stated that she is asking for volunteers to help mentor children. She provided contact information and encouraged anyone with the time to help this children grow. Council Member Purvis gave credit to Mayor Murry for his steadfast leadership on the Boys and Girls Club and the advocating he has done in the past for the growth of the club. Mayor Murry thanked Council Member Purvis and gave a brief history of his involvement with the organization and why he has exerted so much effort to open the doors and grow the organization. He encouraged anyone with the time to volunteer. PUBLIC COMMENTS Joy Black, 445 W Minneola Ave — Expressed concerns about the traffic on Minneola Ave. She lost her dog to a driver on her street driving too fast. She would like to see the traffic slowed down before something would happen to a child. Council Member Purvis requested that staff look into this and demanded that staff return at the next meeting with a full report on the road. Dani Page, Tuscany Ridge — Expressed concerns regarding building and planning. Asked for a third party investigation into the Building and Planning department. Expressed concerns about developer Jayson Stringfellow. Paula Hosington, 564 E. DeSoto Street — Expressed concern about speed on E. DeSoto Street. Asked the Council to look at speeds in all neighborhoods. Council Member Purvis stated that he was unaware that the issue was ongoing. He requested that staff look into this. Mayor Murry directed that he wants the study to run longer than two weeks. He feels that traffic is a problem all over Clermont, and agrees that this needs to be addressed. Mayor Murry agreed that he wants a report at the next meeting. Vincent Niemiec, 4569 Barrister Drive, Clermont — Speaking on his own behalf. Expressed concerns that senior staff of the City is trying to deceive the City Council. Wants an independent audit of the Art Walk. Charlene Forth, 939 W. DeSoto Street, Clermont — Expressed concerns about corruption in the City. Barb Everdeen, Woodward Hill Court, Clermont — Thanked the Council for their participation at the recent Sommer Sports Triathlon that was for the youth. Seeing no further comments, the floor was closed. REPORTS INTERIM CITY MANAGER REPORT Interim City Manager Dauderis — • Aug 3 — 4pm to 6pm Joint Workshop • Aug 17 — Council Workshop South Lake Alliance • Aug 18 — Special Meeting City Manager Recruitment City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 September 9 and 10 — Two Day Interview Process Provided an update on the generator and the roof of the Fire Department. Fire Chief Ezell was asked to give the update. Chief Ezell said that the dumpster for the roof demolition is coming next week and they will begin construction next week. With regards to the generator, a Request for Proposal has been posted for vendors to submit their pricing. Chief Ezell informed the Council that Procurement Services stated that this purchase does not meet the requirements for an emergency purchase. He also informed them that a trailer generator can be supplied by Public Services, if needed. There is an opportunity for this purchase to be offset in part by federal funds. Council Member Purvis stated that he has concerns because the Council determined this was an emergency purchase and wants to know why Procurement Services has the authority to override the will of the Council. He says that the City has reserves for a purpose and anything the Council designates as an emergency should be open to use reserve funding. Mayor Murry reminded the Council that there are procurement rules both adopted by the City and mandated by the state. Chief Ezell stated that he is comfortable with the situation as it is moving forward. • Provided an update on the Clermont City Center. Public Services Director Stoney Brunson was asked to give the update. Director Brunson informed the Council that facility staff had noticed separation around some ceiling tiles. He invited Jeff Powell as a city consultant to provide further explanation. Jeff Powell, Powell City Architecture — Mr. Powell stated that they responded to a request for service for separation of ceiling tiles in the northeast corner of the building. Upon a visual inspection of the building, they did not see any exterior, but did notice movement on the interior. They did a structural and geotechnical analysis. The Geotech did subsurface radar testing. There is nothing right now that indicates a catastrophic failure. The building is believed to be dealing with soil issues, not structural issues. They are working on it daily, but do not have any answers. Mayor Murry asked if the building needs to stay closed. Mr. Powell stated that the situation is fluid and he recommends closure until they receive the results of their studies; walls are not supposed to move. Mr. Powell explained a picture displayed by Director Brunson as the separation along a window frame. Council Member Purvis asked about insurance coverage. Director Brunson said they have been in contact with insurance and they have been onsite. Council Member Purvis stated he would like to see the part of the building roped off. Council Member Purvis asked about reservations and if they could be accommodated. Parks and Recreation Director Scott Davidoff informed the Council that they would be accommodating as many as they could, but they are hoping this is a quick fix. • Lake County Water Authority to fund two marine unit patrol officers to include salary and benefits. • Interim City Manager Dauderis informed the Council that her last day will be September 3, 2021. Regarding Interim City Manager Dauderis, Council Member Purvis stated that he believes they need to choose someone that is able to sit down with the Interim City Manager Monday morning and start working. al City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Mayor Murry thanked Ms. Dauderis for her contributions and time spent as interim city manager and wanted to make sure she gets all the benefits she is entitled to. He recommended Scott Davidoff as Interim City Manager. Council Member Pines agreed with the Scott Davidoff recommendation and thanked Ms. Dauderis for her contributions. Council Member Entsuah thanked Ms. Dauderis for her contributions. He agreed that he does not want to have a void. He stated that he would like to see someone aid Mr. Davidoff in the City Manager's office and act as a team. Council Member Entsuah asked who would be overseeing the Parks & Recreation Department. Mayor Murry stated that that Maritza Rivera could fill in for Parks & Recreation, and told Council Member Entsuah that once he is Interim City Manager, Director Davidoff can make a recommendation for who he would like to assist him. Council Member Purvis stated that he called James Kinzler regarding the open interim position, but Mr. Kinzler stated he did not want to step into the position. He did say that he would be available to guide and counsel the Interim City Manager as needed. Council Member Purvis also stated that Mr. Kinzler explained that the directors meet every week to discuss issues and make decisions as a committee. After this explanation, he is comfortable approving this solution. Council Member Pines informed the Council that Director Davidoff has been an Assistant City Manager in the past and this is nothing new to him. Parks and Recreation Director Davidoff informed the Council that he would humbly accept the appointment to the interim position whenever the City Council wishes to make the decision. Council Member Purvis asked City Attorney Mantzaris if they needed to make a motion to appoint Director Davidoff to the position. City Attorney Mantzaris stated that they would at some point, but do not need to do so now as they still have an Interim City Manager; the Council cannot have two city managers at one time. The Council asked if they could appoint him as Assistant City Manager. He explained to the Council that it is not within their role or authority to hire or appoint any positions other than the City Manager and the City Attorney. Council Member Purvis informed the Council he would like to extend certain benefits to Interim City Manager Dauderis. City Attorney Mantzaris informed the Council that they did not provide the Interim City Manager with a contract that outlines. He continued that in previous years, City Managers have received certain benefits upon their voluntary departure. He explained that the city has a special retirement plan for City Manager that does not have a vestment requirement. He also stated that prior City Managers received payouts for sick time without any penalty. Council Member Entsuah left the chambers at 7:55pm. Council Member Purvis disclosed that he did not met with Ms. Dauderis regarding this issue. He just wants for her to get what she has coming. Council Member Pines and Mayor Murry agreed. Council Member Entsuah returned to the chambers at 7: 57pm. Council Member Pines stated that it is important that she receives these benefits. She also stated that a contract needs to be developed and provided to Director Davidoff so that he receives the appropriate benefits at the conclusion of his tenure as Interim City Manager. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 MOTION TO DIRECT STAFF to facilitate a separation plan that affords Susan Dauderis the benefits due to a normal City Manager which includes a vestment in the retirement.plan and a full payout of sick time without the penalty made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. Interim City Manager Dauderis thanked the Council for their action. CITY ATTORNEY REPORT City Attorney Mantzaris - - Asked the City Council to meet in closed session on August 10' regarding the VP Development and Art District settlement. Council Member Purvis asked if they were going to discuss the settlement agreements. City Attorney Mantzaris said that two proposals were received and needed to be discussed. Mayor Murry asked if it could be placed at the end of the agenda so that the public did not have to wait around. City Attorney Mantzaris stated that it is up to the will of the Council where they want it placed on the agenda. Council Member Purvis asked about depositions that had been scheduled prior to August 10 and if the schedule can be amended due to the Councils considerations for settlement. City Attorney Mantzaris said they will reach out to opposing council, but the City cannot force their schedule. CITY COUNCIL REPORT Council Member Purvis — - Cautioned people to avoid large crowds due to the resurgence of Covid-19. He wants the public to know that while he appreciates invites, he may not attend. - Asked that the council make a moratorium on all permitting in the Art District. Regarding the moratorium, Council Member Purvis stated that he made a request at the last meeting that all permits be held until the City had a handle on the situation regarding the Art Walk. He was asking for a clarification if that had been imposed. Interim City Manager Dauderis stated that an administrative moratorium was not imposed. Council Member Purvis conceded that last time it was only a request, but now he wants to make it official. Mayor Murry stated that he believes the Council did make a recommendation in support of Council Member Purvis's moratorium at the last meeting. He asked City Attorney Mantzaris if a vote is required. City Attorney Mantzaris stated that staff serves at the pleasure of the City Council, so if that is how the City Council wishes to move forward staff would develop a method to implement their decision. He added that formal action would be required for them to implement what they are suggesting. The Council had discussion among the members and disagreed that a motion is required for staff to stop taking permit applications. City Attorney Mantzaris interjected and informed the Council that if they wished to prohibit an action that is authorized within the established City Code, formal action is required. Under the current code, the applicant is entitled to an application and review by the building official, and the City is obligated to issue the permit if the applicant meets the requirements of the Code. Formal action of the City Council is required authorizing the building official to not issue permits regardless of whether they meet the code requirements or not. C. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Council Member Entsuah continued his disagreement that a formal motion is required. He stated that all permits come to the Council and the Council can simply deny any applications from the Art Walk. Council Member Purvis made a point of clarification that most permits do not come to the City Council for approval and are handled at a staff level. City Attorney Mantzaris clarified for the Council that concerns about roof loads and other building code requirements are the responsibility of the City Building Official and are not within the purview of the City Council. Planning and Development Services Director Curt Henschel informed the Council that they need to be aware that there are other entities involved in the Art Walk project. Council Member Entsuah, referencing an email received the by the Council, asked the City Attorney to describe an Ombudsman. City Attorney Mantzaris stated he had seen the email and is at a loss as to what was being referred to by the writer as the term is historically used by cities in the northern United States when referencing an office that oversees complaints against the unit of government. Council Member Entsuah stated that he understood it as a third party investigator. City Attorney Mantzaris stated that a third party investigator in Florida is a different type of investigation which the City Council is authorized to do. Mayor Murry stated that he understood it as the Council creating a new position to act as the complaint department and have an independent investigator on staff. Council Member Purvis stated that he does not support the request. City Attorney Mantzaris reminded the Council that under the Council -Manager form of government and the City's Charter restrictions, the City Council does not participate in the hiring or firing or day-to-day operations of the City except for the hiring of the City Manager and City Attorney. Mayor Murry agreed that it should be the City Manager's responsibility to create a complaint department with an independent investigator, but he supports the concept. Mayor Murry brought attention back to the motion before the Council. Council Member Pines clarified that the Art Walk is the pavers, everything else is the Art District or an affiliated project. MOTION TO REJECT any and all permit applications from the Art Walk Project and Art District entities related projects until such time regarding aast, in progress, or future permits be resolved to the satisfaction of the staff and Council made by Council Member Purvis. Seconded by Council Member Entsuah. Passed 3-1 with Council Member Entsuah dissenting. Council Member Entsuah — No report Council Member Pines — • Said that our permitting department is not responsible for the licensing of contractors. If staff finds unregistered contractors, the City needs to move that information to the state licensing board. Regarding the permitting, City Attorney Mantzaris wished to clarify that regarding the fee amount additional research will needed to be done. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Council Member Purvis asked if a contractor can be banned by the local government even if they are licensed by the state. City Attorney Mantzaris said that the City cannot suspend a state licensed contractor at the local level as it has been preempted to the State. Council Member Pines informed the Council that there is a district permitting process that can be overseen by the local government. City Attorney Mantzaris stated that the prior action of the City Council was done utilizing the Council's authority on that process. Council Member Purvis stated that before sending information to the State, the City needs to investigate if it has the authority to do so. City Attorney Mantzaris informed the Council that the City Building Official is one of the few officials in the City that the Council has very little control over as his job is to enforce the State of Florida Building Code and as part of that enforcement he has the ability to report any issues regarding contractors that he feels are appropriate. The Council gave consensus to direct the Building Official to relay contractors in violation to the State. • Communications Director Kathryn Deen is leaving the City. She praised Director Deen for the work that has been done in promoting the City. • Informed the Council about the death of Glenn Olivenbaum, a long-time resident and business owner in the City. Regarding the leaving of Communications Director Deen, Council Member Entsuah asked if that is a position that is hired by the Council or is delegated to the City Manager. City Attorney Mantzaris responded that it is under the City Manager's authority to replace the Communications Director and reminded the Council that that only hire the City Manager and the City Attorney. Mayor Murry — • Praised Director Deen for all her contributions to the city. • Provided an update on Covid-19. Reminded community to follow CDC guidelines. • Attended the Sommer Sports Kids Triathalon. It was a splendid event. • Attended Steppin' Out for Education. Raised $100,000 for Lake County schools. He won best male performance both Friday and Saturday night. • Lunch with the Mayor, First Monday of Each Month. August 2 at Outback Steakhouse. Regarding the Covid-19 update, City Attorney Mantzaris wanted to clarify the Governor's orders regarding face coverings as he has heard several statements by the City Council regarding the issue. He clarified that the Governor's orders do not outright ban all mandates by local governments. The Governor's order states that a local government cannot implement Covid restrictions if they interfere with the liberties and rights of the public. It therefore depends on the interpretation of liberties and rights and how they affect the public. He informed the Council that the City can create mandates for its employees that are only occupied which do not infringe on the liberties and rights of the public. He stated that the City Attorney's Office is investigating the orders and is working with the City Manager's Office. CONSENT AGENDA Mayor Murry 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 the Council Meeting minutes of July 13, 2021 H. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Item No. 2 — Piggyback Contract Item No. 3 — School Resource Officer Agreement Item No. 4 — Lake County Water Auth. Grant Item No. 5 — Event, Open Container, and Road Closure Request Item No. 6 — Event Request Item No. 7 — Event, Open Container, and Road Closure Request Consider request to piggyback the City of Milton contract with Advance Plumbing Technologies to provide pipeline rehabilitation services. Consider School Resource Officer Agreement with Imagine South Lake Charter for 2021-2022 school year. Consider grant agreement in the amount of $30,000 to design a water quality project in basin number 12A of the Lake Winona drainage basin that connects to Lake Minnehaha and on to the Chain of Lakes. Consider Oktoberfest event at Suncreek Brewery in downtown Clermont with street closures and open container allowance October 2-3, 2021. Consider allowing The River Church "Awake America" event on September 23, 24, & 25, 2021 at Waterfront Park. Consider allowing the Clermont Parks & Rec Dept. to host their annual "Light Up Clermont" event in downtown Clermont with street closures and open container allowance. A member of the public requested that item number 7 be pulled for further discussion. Council Member Purvis asked that item number 6 be pulled for further discussion MOTION TO APPROVE items 1 — 5 of the Consent agenda for July 27 2021 made b Council Member Entsuah. Seconded by Council Member Purvis. Passed unanimously. Item No 6. Council Member Purvis asked for clarification on the event. Parks and Recreation Director Scott Davidoff stated that the applicant is present and can speak to the event. He explained that the reason this is now coming before the Council is they are anticipating greater than 1,000 attendees. Caleb Green, Pastor of The River Church — Pastor Green explained to the Council that this is a fundraising event to help support their ministry. They have been extremely blessed and the Awake America is going to give away cars, mortgages, and cash payments. They will also preach the gospel. They are hoping for 1,000 people each night. There is no fee to attend. MOTION TO APPROVE item 6 of the Consent agenda for July 27, 2021 made by Council Member Purvis. Seconded by Council Member Entsuah. Passed unanimously. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Item No. 7 Charlene Harrison Forth, 939 W. DeSoto Street — Complained about the ineffectiveness of barricades regarding this event. MOTION TO APPROVE item 7 of the Consent agenda for July 27 2021 made b Council Member Purvis. Seconded by Council Member Entsuah. Passed unanimouslv. UNFINISHED BUSINESS Item No. 8 — Considered under opening comments and tabled to August 10, 2021 Item No. 9 - Considered under opening comments and tabled to August 10, 2021 Item No. 10 - Considered under opening comments and tabled to August 10, 2021 NEW BUSINESS Item No. I I- Considered under opening comments and tabled to August 10, 2021 Item No. 12 — Resolution No. 2021-43R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE FREQUENCY OF SOLID WASTE PICKUP PURSUANT TO THE CODE OF ORDINANCES CHAPTER 50 SECTION 34; PROVIDING FOR THE ESTABLISHMENT OF BOUNDARIES FOR THE DOWNTOWN DISTRICT; PROVIDING FOR A RATE COLLECTION CHART BASED ON PICKUP FREQUENCY; PROVIDING FOR CONFLICT, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, AND AN EFFECTIVE DATE. Deputy City Lueth read the legal title of the resolution into the record. Assistant Public Services Director Jim Maiworm made the staff presentation from a PowerPoint presentation and informed the Council that City staff are working towards the development of a sanitation master plan. Mayor Murry asked if the city staff consulted with downtown businesses before bringing this resolution to the Council. Assistant Director Maiworm replied that staff had and that is what helped to identify that the needs of downtown can be met with two pickups on a Thursday/Friday or a Tuesday/Monday. There is some flexibility since Public Works is located adjacent to downtown at the end of 12th street. Mayor Murry opened the floor for comments from the public. Patrick Bianchi, 752 West Montrose, Clermont — Supports the idea for a short-term solution. Vincent Niemiec, 4564 Barrister Drive, Clermont — Supports the idea. Seeing no further comments, the floor was closed. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Council Member Purvis asked about the timeline for the master plan. Assistant Director Maiworm explained that when they put out a Request For Quote for a continuing consulting firm, they had the master plan in mind as well as a sanitation rate study. Council Member Entsuah asked where the fees collected are retained. Assistant Director Maiworm said fees collected go back into the sanitation fund. Council Member Entsuah stated he would like to see some kind of city incentive program for business owners to participate. Council Member Purvis asked about fees and if this had to be done as an ordinance or other format. City Attorney Mantzaris replied that since this is not a change to the actual rate, but rather establishing a fee chart based on frequency of pickup, no additional action beyond the resolution is required at this time. MOTION TO APPROVE and accept Resolution 2021-43R re arding the amending of solid waste collections in the downtown made by Council Member Entsuah. Seconded b Council Member Pines. Passed unanimously with all members present voicing aye. Item No. 13 — Fiscal Year 2022 Proposed Ad Valorem Millage Rate The financial presentation was made by Finance Director Pam Brosonski via PowerPoint presentation. Mayor Murry opened the floor for comments from the public; seeing no one, the floor was closed. Council Member Purvis commended staff and department heads. He supports staff's recommendations. Council Member Entsuah asked why the millage rate has not been raised in multiple years. Council Member Purvis responded that the Council came close a couple times, but ultimately decided against it. He added that if Clermont did not have the large department stores within the City, the Council may not be in the situation it finds itself, and it should consider itself lucky. Mayor Murry added that the city has been blessed with good managers who have run responsible budgets. Council Member Pines said that the City has been at the current millage rates for too long. She felt that things that are in the long range budget plan should be addressed sooner. She would like to see the Council be proactive and not reactive. She feels that the city is addressing a lot of issues that have not been addressed before, and stated that the millage rate should be increased. Mayor Murry opened the floor. Vincent Niemiec, Regency Hills — Asked for clarification from Council Member Pines on reasons for an increase. Dani Page, Tuscany Ridge — Expressed opposition to a tax increase. Randy Everdeen, 2430 Woodword Hill Court — Expressed opposition to a tax increase. Seeing no further comments, the floor was closed. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 Council Member Purvis wanted to clarify his position on taxes for the record. He stated that the City cannot run its house today, the same way it ran it three (3) years ago. The City cannot continue to build. The day will come when the Council will need to raise taxes. Council Member Purvis asserted that he would be on board for raising taxes if he felt that any department was not meeting its needs, but based on the presentations, he does not feel that is the case, and so there is not a need to raise taxes this year. Council Member Entsuah stated that he is fine with the rate as is. Mayor Murry stated that he is not a fan of taxes himself, but understands the necessity. He is not opposed to raising taxes, but he is also not in favor of raising taxes now. MOTION TO APPROVE and adopt the Proposed FY2022 Ad Valorem Millaize Rate of 4.2061 by Council Member Entsuah. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. Item No.14 — Ordinance No. 2021-026 — INTRODUCTION— GOLF CARTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING CHAPTER 62 "TRAFFIC AND VEHICLES" CREATING ARTICLE IV, "GOLF CARTS" SECTIONS 62-45 THROUGH 62-55 OF THE CITY CODES OF THE CITY OF CLERMONT AUTHORIZING THE USE OF GOLF CARTS UPON DESIGNATED STREETS; PROVIDING THAT STATE AND COUNTY ROADS ARE NOT AUTHORIZED; PROVIDING FOR A REVOCABLE LICENSE; PROVIDING FOR WAIVER OF CLAIMS; PROVIDING FOR PARKING REGULATIONS; PROVIDING THAT A DRIVER'S LICENSE IS REQUIRED; PROVIDING FOR REGISTRATION; PROVIDING FOR REQUIRED EQUIPMENT; DESIGNATING A GOLF CART BOUNDARY AREA AUTHORIZING USE ON CERTAIN STREETS; PROVIDING FOR NUMBER OF OCCUPANTS, SPEED AND REQUIRED INSURANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Lueth read the ordinance into the record by legal title only. MOTION TO INTRODUCE for further consideration Ordinance 2021-026 made b Council Member Entsuah. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. 12 Citv of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2021 ADJOURN: With no further comments, this meeting adjourned at 9:42 pm. ATTEST: Tracy Ackroyd Howe, City Clerk 13 APPROVED: Tim Murry, yor