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08.24.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 CALL TO ORDER The City Council met in a regular meeting on Tuesday, August 24, 2021 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Pines, Entsuah, Bates, and Purvis. Other City officials present were Parks & Recreation Director Davidoff, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Pastor Kendall Anderson of The Crossing Church followed by the Pledge of Allegiance. OPENING COMMENTS Parks & Recreation Director Davidoff, representing the City Manager's Office, informed the Council of a change to the agenda. Item No. 5 was being withdrawn by staff as the City was notified by the Florida League of Cities that there is a conflict between the agreement put out by the State of Florida and the US Department of the Treasury. The item will be added to a future agenda once less restrictive treasury guidelines are received. PRESENTATIONS Quarterly Budget Rqport Finance Director Brosonski presented the highlights of the quarterly budget report for October 1, 2020 — June 30, 2021. The report presents an overview of the City's revenues, expenditures and key department statistics for the Fiscal Year 2021. Overall, the city's budget is on target. Fire Station No. 2 U date Fire Chief Ezell gave an overview of the fire station design to replace the existing Hartwood Marsh location. He reviewed the design to ensure the facility encompasses a look that compliments the community. He also reviewed improvements that will enhance service delivery and firefighter safety, and provided an update on utility easements. Chief Ezell informed the Council that the property is owned by Kings Ridge Golf Course. In the process of sorting that out they have a verbal agreement to share a retention pond with the Homeowners Association (HOA). As part of the enhancements, they are looking at the possibility of adding a fourth bay which could also be utilized as a drive through vaccination site if needed. He informed the Council that there is not enough room on the site to make it a single story building. He estimates construction will begin in spring 2022. Council Member Purvis stated that there is a severe lack of paper trail concerning that area and how it came to be. He believed that it was a gift from Lennar to the City. He stated that the parcel in question is retained by Kings Ridge because they provide the irrigation. He believes that Lennar did not do a survey of the land prior to gifting it to the City. He also informed the Chief that he believes that parcel has to follow the architectural guidelines of Kings Ridge as a deed restriction. PUBLIC COMMENTS Linda Charlton, 9101 County Road 561 — Talked about an unmarked grave in Oakhill Cemetery that she believes belongs to Groveland Town Marshall Robert Smithwick. City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 Larry Oscan, 3500 Regency Court, Clermont — Asked to make Clermont a more diverse City. Mayor Murry directed staff to look into making the City more diverse. Ruth Baker, 15817 Heron Hill Street, Clermont — Spoke in support of the diversity idea. Tom Simmons, 17500 Cobblestone Lane — Expressed appreciation to Police and Fire and Mayor. Mr. Simmons had additional comments, but Mayor Murry, having foreknowledge of the comments, asked Mr. Simmons to wait for later in the agenda when Commissioner Parks was to give his report. Rachel Millers, Suburban Terrace, Lake County — inquired about the Headquarter Honda development returning to Council. Mayor Murry informed Ms. Millens that Headquarter Honda will go through site review, but permits do not come back to Council. Council Member Purvis informed Ms. Millens that the 8 ft wall will come back to Council due to it being a variance. Dani Page, Tuscany Ridge, Clermont — Thanked EMS personnel. Expressed concern about understaffing. Expressed concern about over -development. Council Member Purvis disclosed that he spoke with Ms. Page on this subject. He informed the public that the City of Clermont is not involved in ambulance service. He stated that the City may need to discuss going into the ambulance business. He requested that the subject be on a workshop agenda, and that the new City Manager be included. Fire Chief Ezell informed the Council that they are very aware of the situation with ambulatory services. All the cities in Lake County are engaging with the county to find solutions. They are exploring options for transportation within the municipality, but are waiting on the County to return with an agreement. Charlene Forth, 939 E. DeSoto Street, Clermont — Informed the Council about the grand opening event for Bee's Auto. Expressed concern over the process of how the golf cart ordinance was developed and brought before the Council. REPORTS LAKE COUNTY BOARD OF COUNTY COMMISSIONERS Chairman Sean Parks, District 2 — • Hartwood Marsh moved up to the number 1 road project in Lake County which was approved by the County today. • The County will be going to the Florida Department of Transportation (FDOT) to rearrange their funding for half the cost of the $11,500,000 project to widen Hartwood Marsh to four (4) lanes. • The County will send out an RFP to do the engineering with a target date for construction of 2023. Mayor Murry expressed extreme pleasure that the funding is met from both Lake County and the FDOT Chairman Parks also announced that now that Hartwood Marsh has a project timeline, they will be going after funding for Hancock Road next. Council Member Purvis wished to acknowledge Mike Woods involvement and how the Metropolitan Planning Organization Board (MPO) stepped up to help resolve this issue. Mike Woods, Lake -Sumpter MPO — Mr. Woods informed the Council that the MPO heard the call for help and agreed to move it to the first priority for roads. He stated that Winter Garden's truck ban helped to give focus to the issue. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 The MPO met with the Secretary of FDOT and came to an agreement where they gave back three (3) funded projects so the FDOT funds could be freed up to fund the Hartwood Marsh Road project. Mayor Murry asked if there were any additional questions for Mike Woods. Seeing none, the floor was returned to Chairman Parks. • Lake Boulevard has been raised as an issue for Lake County. The County will be looking to address safety issues with that street and intersection. • Fred Schneider will give a road project presentation to the Council at the meeting in September. Regarding Lake Boulevard, Mayor Murry informed Chairman Parks that he invited residents to voice their concern with Lake Boulevard not being annexed into the city. Council Member Purvis stated that his observation was that residents are concerned about drainage issues. The City is sympathetic, but is unable to help them. He also stated that residents are concerned about on - street parking. Chairman Parks stated that he will work with County staff on the drainage issues; the parking issue would require an ordinance change in order to prohibit and enforce parking. Mayor Murry opened the floor for comments from the public. Those that spoke regarding concerns for Lake Boulevard and the intersection with SR50 are as follows: Arlene Lynch, 13132 Shore Drive, Lake County — Concerns about road conditions. Mary Lorry, 13024 Suburban Terrace, Lake County — Concerns about intersection and drainage. Rachel Miller, 13127 Suburban Terrace, Lake County — Concerns about access road from Honda. Tom Simms, 17500 Cobblestone Lane — Concerns about congestion along SR50. Seeing no further comments, the floor was closed. Mayor Murry stated that the City did not approve a public access. Council Member Purvis stated that the access is for EMS services. City Attorney Mantzaris stated that the City requires the access point. There was some discussion regarding the Magnolia Pointe HOA regarding access; it is a case that will come before the County Commission. Council Member Purvis suggested that the County, during their discussion with FDOT, mention the Lake Blvd intersection and the possible creation of a deceleration lane to turn right as it could help with safety. Regarding congestion, Council Member Purvis asked if this will fall under the JPA. Chairman Parks stated that it would, so it would come back for review by both the City and the County. Chairman Parks reminded the Council that a big reason they are focused on the Lake -Orange Expressway and the Wellness Way route enhancements is to reduce traffic on SR50. • The Board of County Commissioners legislative agenda is being developed. They are looking at adding Lake Technical College. • Ambulatory services has very low morale. They have provided pay raises and are doing immediate hiring to help alleviate issues, but it has not done much. He asks that the City hold a workshop on EMS and doing a partnership with the County. He would attend on behalf of the County. Council Member Entsuah stated he would like to see a presentation about the East Central Regional Planning Council from Chairman Parks. He would like to see the City get more involved with the regional planning council. City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 Chairman Parks agreed to do a presentation, possibly at the September 28 meeting in conjunction with the regional transportation presentation. He added that the regional planning council could assist both the County and the City with EMS and Fire. INTERIM CITY MANAGER REPORT Parks & Recreation Director Scott Davidoff, representing the City Manager's Office, reminded the Council that City Hall would be closed on Monday, September 6 in observance of the Labor Day holiday. He reminded them that they will be busy in the upcoming weeks with the following meetings and events: • September 08, 2021 — 6:30pm — First Budget Public Hearing • September 09, 2021 — First Day of Interviews for City Manager candidates • September 10, 2021 — Full Panel Interviews • September 11, 2021 — Memorial Ceremony at ARC 1 Oam — Admission is free • September 14, 2021 — 6:30pm — Regular City Council meeting Director Davidoff also informed the Council that the City's Procurement Services Department had received the prestigious 2021 Achievement Award of Procurement of Excellence. Clermont is only one (1) of sixty- four (64) cities in the United States to receive the recognition. Director Davidoff also reported on an additional item requested by the Council: Street Lighting Behind Bishop Park. Jim Maiworm, Assistant Director of Public Services, provided an update. After the last City Council meeting, City staff was made aware of some alleged dark areas on Broome Street and Desoto and were asked to investigate. On August 11, city staff did a day time visual inspection and found that there are five (5) street lights appropriately positioned in the neighborhood. Staff did note that there is a large tree canopy which could be inhibiting some of the lights. City staff did a night investigation on August 12 and confirmed that all five (5) lights are working appropriately. The Public Services department has not received any complaints from those living on the block. Moving forward, staff plans to discuss with the residents their feelings and go from there. Director Davidoff stated that staff also consulted with the Police Department and was informed that there was no evidence of a prowler. The Police Department indicated no evidence or no issues with lighting. Mayor Murry stated that he went to the area himself. He did note that all the street lights were working. He stated that the house in question is very dark in the backyard and the street light is on the opposite side of the street. He stated that he believes the tree canopy is blocking some of the light and asked staff to trim some of the trees. Assistant Director Maiworm agreed that trimming would be a good first step, but noted that due to power lines and some other factors, it will not be a simple trimming. He wants to talk to the neighborhood before taking any action. Mayor Murry requested that staff examine lights behind Bishop Field. Mayor Murry opened the floor for comments from the public. Charlene Forth, 939 Desoto Street, Clermont — Ms. Forth stated she is offended by the discussion. She argued that more needs to be done. Seeing no further comments, Mayor Murry closed the floor. Director Davidoff continued the report by informing the Council that the City's Special Magistrate has submitted his resignation effective at the close of the next business day. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 There have been discussions by the Council regarding a Code Enforcement Board, but would like clear direction from the Council. If there is a direction for a change, it does require a code change. Council Member Bates said he does not want to mix things up right now. Council Member Purvis disclosed that he discussed this issue with Director Davidoff prior to the meeting. He is an advocate for a peer code board. He would like the Council to vote on it. Council Member Pines stated that she wants to see the pros and cons for both systems. She stated that a magistrate keeps the city neutral. She has no problem with a Special Magistrate. Council Member Entsuah asked how long the appointment is for. City Attorney Mantzaris stated that the contract is for two (2) years; it is terminable at any time. Council Member Entsuah stated that is for a code board, but he is not anti -magistrate. Council Member Pines raised the issue that the City would have to hire a separate attorney for the code board. City Attorney Mantzaris confirmed that the City would need to appoint a separate counsel as the City Attorney cannot represent the Code Board. Mayor Murry stated that he is for the Code Board being reinstated. He has spoken with Director Davidoff as to which is more effective, and he was told the Special Magistrate is more effective. He believes it is a great opportunity for the residents to get involved. MOTION TO REVERT back to a Code Enforcement Board as set forth in statutes made by Council Member Purvis; Seconded by Council Member Entsuah. Motion Fails 3/2 with Council Members Bates, Entsuah, and Pines opposing. Mayor Murry stated they will move forward with a magistrate at this time. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — No report. Council Member Purvis — • Would like the Acting City Manager to hold off on hiring director level positions until the new City Manager is installed. Council Member Entsuah — No report. Council Member Pines — No report. Mayor Murry — • Spoke regarding the golf cart issue stating he did meet with Mr. Johnson months ago as well as the other council members. 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— Appointment Consider appointing Scott Davidoff to the Acting City Manager Position effective September 4, 2021. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 Item No. 2 — Contract Amendment Item No. 3 — Utility Service Agreement Granville Properties LLC Item No. 4 — Resolution No. 2021-044R Item No. 5 — Resolution No. 2021-049R Item No. 6 — Minutes Approval Consider first contract amendment between the City of Clermont and TetraTech, Inc for additional construction administration services in the not to exceed budgeted amount of $429,777. Consider water and sewer service for a new development in Lake County, in which the City is the utility provider for a small office/warehouse facility on Granville Avenue, South of SR 50. Consider FY2021 Budget Amendment. Consider granting authorization for the City Manager to accept the American Rescue Plan Act — Coronavirus Local Fiscal Recovery Fund Agreement with the State of Florida in the amount of $19,359,997. Consider approval of the July 27, 2021 City Council meeting minutes. Item No. 1 was requested to be pulled by members of the public. MOTION TO APPROVE items 2 3 4 and 6 for the consent agenda item for Augjjst 24 2021 made by Council Member Bates. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. Dani Page, Tuscany Ridge — Asked for clarification on the ceasing of hiring director level positions. Council Member Purvis stated that the Acting City Manager has received direction to not hire positions that report directly to the City Manager. MOTION TO APPROVE item 1 for the consent agenda item for August 24 2021 made b Council Member Bates. Seconded by Council Member Entsuah. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 7 — Ordinance No. 2021-020 FINAL — Realty Professionals of Florida 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE, City Clerk Howe read the ordinance into the record by title only. The staff presentation was made by Development Services Director Henschel. City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 The applicant is requesting a rezoning of the subject property from C-2 General Commercial to Planned Unit Development (PUD), to allow for the installation of barbed-wire fence materials for a commercial property instead of meeting the requirements of the Land Development Code, which prohibits any barbed- wire and razor wire fence materials in residential and commercial districts. The current use is commercial office. The use of barbed-wire fencing is only permitted for M-1 Industrial uses and zoning. The code permits fences and walls up to a six (6) foot height for any commercial development. The applicant indicates the reason for the request is to prevent theft and property vandalism at this location. One of the offices is a landscaping business that parks their vehicles onsite overnight at the location. The Planned Unit Development (PUD) zoning allows flexible development of the property based upon the applicant's proposed use that is not customarily allowed by the code. Staff finds the PUD rezoning request to allow barbed-wire fencing in a commercial district is out of character with the surrounding area and existing development patterns. The proposed use of barbed-wire fencing at this location; may be considered as undesirable and unconventional for the use of commercial property. The State Road 50 corridor is the primary east -west thoroughfare through the City and the gateway to the Clermont Downtown District. This thoroughfare is designed to create and provide an attractive and viable physical environment to retain and attract commercial businesses along the corridor. The City, along with private businesses, have invested resources and revitalization efforts in the area to promote and encourage a cohesive and aesthetically pleasing commercial gateway along Highway 50. The barbed-wire fence at this location is inconsistent with those redevelopment initiatives. Staff acknowledges the need to protect all businesses in the City from any type of theft or vandalism; but no other businesses in the area have reported any problems and have installed barbed-wire fencing. The applicant may have the option of securing items inside the buildings or a secured storage facility to prevent this type of criminal element. The use of barbed-wire fencing along the corridor is extreme and out of character with the existing business and commercial office uses in the area. The applicant does have the ability to install a wall up to six foot high to provide for additional privacy and methods of protection for the property. Staff has reviewed the application and proposed use in regards to the purpose and intent for Planned Unit Development (PUD) zoning and the requirements for compliance with the Clermont Codes of Ordinances and Comprehensive Plan. The proposed use is inconsistent with the goals, objectives and policies of the comprehensive plan and intent of the land development regulations for commercial zoning. Particularly, the proposed use is inconsistent with Section 122-315 (2) (c) in which the use would be considered as undesirable at this location. Therefore, staff recommends denial of Ordinance No. 2021-020, rezoning request of the subject property from C-2 General Commercial to Planned Unit Development (PUD) to allow for the use of barbed-wire fence materials for a commercial property. Mayor Murry asked if the applicant was present. Harvey Rosenberg, 300 E HWY 50, Clermont — Mr. Rosenberg stated that his business has been robbed four (4) times in the last 12 to 14 months. They have lost over $20,000 in equipment. Since installing the barbed wire fence, they have not been robbed. He is requesting Council approval. Mayor Murry opened the floor for comments from the public Dani Page, Tuscany Ridge — Supported the request. Charlene Forth, 939 W. Desoto Street — Opposed to the request. Dangerous for law enforcement Randy Evedeen, 2430 Woodword Hill Court — supported the request. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 Seeing no further comments, Mayor Murry closed public hearing Council Member Entsuah asked if there has been any attempts since the barbed wire is installed. Mr. Rosenberg stated there has been one (1) attempt, but nothing else. The barbed wire is a deterrent. Council Member Bates asked if Mr. Rosenberg was aware he needed a permit for the barbed wire. Mr. Rosenberg stated that they put the barbed wire up after they were robbed the third time. Council Member Bates asked about the landscaping that was done. Director Henschel stated that the shrubs planted will easily reach over 6ft tall. Mr. Rosenberg added that they also had an irrigation system installed to help them grow. Mayor Murry asked if Mr. Rosenberg has a camera system. Mr. Rosenberg responded that he has a four - camera system that cover the entire property. However, when he handed footage of the robberies over to the Police Department all you could see were the hands of the robbers and the towels they hung over their heads. He also has a 16 camera system going over the parking lot. Director Henschel reviewed the police reports over the last three years. Council Member Purvis stated that he feels sympathetic to Mr. Rosenberg. There is nothing more frustrating that having equipment stolen or damaged. However, he added that the use does not fit the site. He feels that it is an eyesore as it is and is not supportive of the rezoning. He suggested Mr. Rosenberg find a secured storage area. Council Member Pines asked if the city code allows barbed wire. City Attorney Mantzaris responded that it does not. He informed the Council that since Mr. Rosenberg's request was not eligible for a variance, he had two options: apply for a rezoning or have the Council change the code. Since the Council decided not to change the code, this was the only option. Mayor Murry wanted to make clear that a suggested path forward by staff is not a guarantee of passage. MOTION TO DENY the Wj2lication in Ordinance 2021-020 made by Council Member Purvis. Seconded by Council Member Pines. Passed on a roll call vote of 4 to 1 with Council Member Entsuah opposing the motion. Item No. 8 — Ordinance No. 2021-023 FINAL — Disston Duplexes 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Planning Manager John Kruse provided the staff presentation. The applicant is requesting a rezoning to a Planned Unit Development (PUD) to allow up to six (6) two- family duplex styled housing units, with a maximum, not to exceed 12 units for the entire site. The current property zoning is R-3 Residential Professional, C-1 Light Commercial and C-2 General Commercial with a Commercial Future Land Use designation. The 1.39 acres consist of several lots, which will be combined to create one entire lot for the project. City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 The Commercial Future Land Use requires densities greater than eight units to obtain a Conditional Use Permit or certain housing types shall be permitted with a PUD consistent with the Land Development Regulations. The applicant has submitted a Conceptual Site Plan prepared by Germana Engineering, showing the proposed buildings, parking, landscape areas and access points for the property. The City Council on June 8, 2021 denied a Planned Unit Development (PUD) rezoning request to allow for up to 12 two-family duplex style -housing units for the subject property. The applicant has redesigned and made substantial changes to the conceptual plan layout for the proposed development. The concept plan identifies that each unit will be two bedrooms with an attached single car garage and provide approximately 1,200 square feet of living space. The Land Development Code requires two parking spaces for each two -bedroom residential unit. The applicant has identified the garages and a driveway to meet the parking requirements. The project, as designed, shows two additional onsite guest/visitor parking spaces for the development. The application and proposed project layout as submitted, does not request any variances or waivers to code, and will be required to comply with the Land Development Regulations along with any fire and building safety codes for development. The project will also be required to meet Clermont Architectural Design Standards for the proposed buildings. The project has provided an onsite dumpster with enclosure to meet the refuse and collection needs of the proposed housing development. The applicant will be responsible for the coordination and associated cost for any refuse and collection services needed for the housing community. In addition, the development concept plan has proposed the internal access streets and curbs with a width of 24 feet wide, which complies with the requirements of the code. The code requirements for the minimum 24 feet streets width provides a safe traffic flow pattern, that allows emergency vehicles and pedestrians the ability to safely maneuver and exit the property. The project will be required to meet any fire safety and emergency vehicle accessibility requirements, which may include additional fire hydrants, sprinkling of buildings and other safety measures for compliance to the codes. Staff has reviewed the application and proposed project and determined that the project does meet the requirements of the Land Development Regulations and general provisions for granting a Planned Unit Development (PUD). The proposed development is not in conflict to the Clermont Comprehensive Plan goals, objectives and policies for commercial land use. Staff recommends approval of Ordinance No. 2021- 023. The Planning & Zoning Board also recommend approval by a vote of 7 to 0. Mayor Murry asked if the applicant is present. Bob Thompson — Applicant. Mr. Thompson asked for approval. Mayor Murry opened the floor for comments from the public; seeing no comments, the floor was closed. Council Member Purvis complimented staff and Mr. Thompson on working out the details. This is a good project, and he will support it. MOTION TO APPROVE AND ADOPT the rezoning request in Ordinance No. 2021-023 made by Council Member Bates. Seconded by Council Member Purvis. Passed 510 on roll call vote with all members present voicing aye. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2021 NEW BUSINESS Item No. 9 — Citizen Request Charles Forth, 939 W. Desoto Street, presented photos and information to the Council on the following topics and provided a handout: • Personal History and Professional Credentials • Code Enforcement Issues in the City • Lack of Proactive Code Enforcement in the City • Proposed Solutions to Code Enforcement Issues o Educate the Public o Implement a Code Enforcement Board instead of a Magistrate system o Additional Training for Current Officers o Release Code Enforcement Officer from split boat ramp duties o Add a Code Enforcement Officer as a parking specialist Council Member Purvis thanked Mr. Forth for his presentation. Council Member Pines stated that she appreciates the presentation and will take it to heart. Agrees the City needs more code enforcement officers, but this is not in the budget this year. Reminded the Council that this is just another example of an unmet need in the City, and which is why she advocated for examining the millage rate during the previous budget hearings. Mayor Murry agreed with Mr. Forth and thanked him for his presentation. He then read a request from Mr. Forth's handout aloud regarding the sharing of the code officer with the boat ramp and answered how that position developed. Director Davidoff informed the Council that a new section of the code was created to address commercial businesses. The Code Enforcement Officer will be there to enforce the code and will have the appropriate credentials to write tickets for those that violate the code. Mayor Murry asked city staff to find funds to hire another Code Enforcement Officer to help and become proactive. Council Member Purvis stated that he sees this as a two pronged issue. He asked if there was any desire among the Council Members to rescind the previous direction to staff about the Special Magistrate. Council Member Pines stated that she believes they still need to wait for a new City Manager. Council Member Bates and Entsuah were in agreement. A member of the public asked if they were going to open the item for comments from the public. Mayor Murry responded that the floor would not be opened for a Citizen presentation. City Attorney Mantzaris informed the Council that the City has adopted the International Property Maintenance Code as which is a tool to address building issues. He also informed the Council that the citation process used by the City of Orlando is the same process used in Clermont. The tools are in place to enforce the code once sufficient staff is in place. Mayor Murry would like this on the next available workshop agenda. Council Member Purvis asked staff to bring a proposal back for consideration at the First Budget Public Hearing. 10 City of Clermont MINUTES REGULAR COUNCIL, MEETING August 24, 2021 ADJOURN: With no further comments, this meeting adjourned at 9:37pm. ATTEST: Tracy Ackroyd Howe, MMC City Clerk APPROVED: Tim Murry, May or 11 CLERMONT Choice of Champions' ORDER OF DENIAL Rezoning Application Realty Professionals of Florida Request for Rezoning Location: 300 E. Highway 50 (Alternate Key 1626765) Applicant: Harvey Rosenberg Application Date: June 18, 2021 DEVELOPMENT SERVICES 352-394-4083 The application was heard by the City Council to allow for the rezoning request from Commercial to Planned Unit Development (PUD) to allow barbed wire fence whereupon, the City Council, based on the information and evidence presented at the August 24, 2021 public hearing, does hereby find that the proposed and requested rezoning application does not meet the review criteria set forth in Section 122- 315 of the Land Development Code of the City of Clermont, particularly with the provision in which the use would be considered as undesirable at this location. NOW, THEREFORE, the City Council of the City of Clermont, Lake County, Florida by a 4 - 1 vote for denial does hereby deny the above -stated application for the rezoning request. DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 24th day of August, 2021. CITY OF CLERMONT Tim Murry, Mayor ATTEST: Tracy Ackroyd we, City =� 1. rat I f 685 W Montrose Street Clermont, FL 34711 - www.ClermontFL.gov