Loading...
02.22.2022 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 CALL TO ORDER The City Council met in a regular meeting on Tuesday, February 22, 2022 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 City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Pastor Millan of Real Life Church followed by the Pledge of Allegiance. OPENING COMMENTS Mayor Murry informed the Council that there were some changes to the agenda. Item No. 1 I — Ordinance No. 2022-002 FINAL - Wellness War. City Manager Bulthuis informed the Council that he is asking for this item to be tabled. Ordinance No. 2022-002 FINAL - Wellness Way AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ESTABLISHING CHAPTER XIV PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Council Member Bates moved to table Ordinance 2022-002, Wellness Wav to March 22 2022; Seconded bI Council Member Pines. The motion passed with all members present votinz ave. PUBLIC COMMENTS Darren Johnson, 1075 W. Lakeshore Drive - After Ms. Forth's presentation at the last Council Meeting, Mr. Johnson contacted the Police Department and asked them to pull all the noise complaints from the downtown area from 12" Street to East Avenue for all of 2021. There were a total of 16 complaints, and of those, five were Lilly's on the Lake. Nine complaints were regarding residences. Mr. Johnson read what the noise complaints were. Two of the complaints were regarding downtown, both complaints were anonymous. One was that the band at Clermont Brewing Company was too loud, when Police arrived they noted that it was the band playing for Mega Trucks. The second complaint said the music downtown was too loud and it was from one of the breweries or maybe somewhere else downtown. City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 Police arrived and there was no band to be found. Mr. Johnson displayed a map around Clermont Brewing Company and pointed out the residences surrounding and said that there has never been a noise complaint in the three years they have been here. Mr. Johnson stated that Ms. Forth does not speak on everyone's behalf. Charlene Forth, 939 W. Desoto Street — Addressed what happened at the last Council meeting and the conduct of the Council. Ms. Forth spoke about the Police Department and how they respond to complaints in the downtown area. REPORTS COUNTY COMMISSIONER PARKS Lake County Board Chair Sean Parks was not able to attend. CITY MANAGER REPORT City Manager Bulthuis — • Public information meeting tomorrow from 4p.m. to 6p.m. at the City Center regarding the downtown streetscape project. CITY ATTORNEY REPORT City Attorney Mantzaris - • Time for Council to go through the annual ethics training which has to be completed by July 1, 2022. Council needs to complete four hours of training. They can do a private session with him in either one or two sessions or alternative options offered by the Florida League of Cities. Council Member Bates asked if there was a recording from last year that they can watch. Attorney Mantzaris said he will look into that as an option. City Manager Bulthuis asked Deputy City Manager Davidoff to come forward and speak about a grant the city was awarded. Deputy City Manager Davidoff stated that the city has received a new grant this year which is an increase in the amount that we have received previously from the Florida Division of Cultural Affairs. The grant is specific for the Clermont Performing Arts Center and this year the grant received is a total of $71,018.00 to assist with programming at the Arts and Recreation Center. Staff has worked hard and is a big step for the city to receive a grant in this amount for this program. CITY COUNCIL REPORT Council Member Bates — • There has been no legislative issues regarding our area. City Attorney Mantzaris let Council know there is pending legislation regarding an increase in sovereign immunity limits. Currently, the sovereign immunity limits are $200,000 for negligence claims filed by the city. The pending bill would raise that to $1,000,000. He went on to say that he is not sure how Council feels about that, the major impact on the city is that it will likely have an impact on the insurance premium. Attorney Mantzaris believes that the city already maintains coverage at the level of sovereign immunity but it would have an impact due to claims paid out. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 Council Member Purvis asked when the last time it was adjusted. Attorney Mantzaris stated that it went from $100,000 to $200,000 in the last five years. Council Member Purvis — • Nancy Fullerton passed away, she served on the Lake County Water Authority for ten plus years. Council Member Entsuah — • Asked for an update on the grant for the Clermont Arts and Recreation Center. Deputy City Manager Davidoff stated that the city received the full $90,000 grant and has until December 31, 2022 to complete the project. Staff is currently working with experts on the final design. Once they are closer to finalizing the design, they will bring something back to council so everyone can see what it will look like. • Toured the Police Department and participated in ride along with Officer Bell. He thanked Chief Broadway for giving him that opportunity. Council Member Pines — • Toured the Police Department and participated in ride along with Officer Bell as well. • Attended first Main Street meeting and getting acclimated, will be bringing in a report at some point with an update to Council. Mayor Murry — • Will be signing the letter in opposition to the pending bill to restructure the Lake County Water Authority Board. • The next Mayor's lunch will be at Sonny's BBQ on March 7, 2022 at noon. • Excited to hear that two council members took the opportunity to do the Police Department tour and ride along. Council Member Bates added in that he did the Police Department tour and ride along as well. Attended the promotion ceremony for three of our officers. Attended Sargent Chris Martin's graduation. 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 Item No. 2 — Plat Approval Item No. 3 — Surplus Request Consider approval of minutes from the Council meetings of January 25, 2022 and February 8, 2022. Consider plat for phase 2 of Hartwood Landing subdivision for 148 lots. Consider declaring surplus from the Police and Parks and Recreation Departments and dispose of in accordance with the Purchasing Policy. City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 Item No. 4 —Single Source Term Contract Award Item No. 5 — Bid Award Item No. 6 — Financial Software Purchase and Budget Amendment Item No. 7 — Resolution No. 2022-004R Item No. 8 — Agreement for Reimbursement and Budget Amendment Item No. 9 — Event, Boat Ramp Closure, Trail Closure, Open Container Request Pig on the Pond Consider approval of single source determination and term contract award from F.J. Nugent & Associates, Inc. to purchase Grundfos submersible pumps and parts on an as -needed basis. Consider award to William Medley Construction, Inc. d/b/a Medley Sports Construction to provide tennis court resurfacing at Lake Felter Park in the total budgeted amount of $74,500. Consider the purchase of a Requisition and Purchase Order module from Tyler -Mums in the total amount of $51,275 and a budget amendment for the same. Consider approval of Fiscal Year 2022 Budget Amendment Consider approval of a Utility Reimbursement with South Lake Connector, LLC in the amount of $87,400 with a budget amendment for upsizing of 1,960 linear feet of reclaimed water main. Consider event at Waterfront Park October 14-16, 2022 with open container in approved area, fee waiver, signage on City property, fireworks, staff assistance, and trail and boat ramp closure. Item No. 10 — Special Events Request Consider allowing 10 special events consisting of up to 3 food trucks within the Southern Fields community. Council Member Bates moved to approve the Consent,4enda as submitted for February 22, 2022; Seconded bi, Council Member Purvis. Passed unanimousli- 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 11— This is was addressed earlier in the meeting and tabled to the March 22, 2022 meeting. Item No. 12 — Ordinance No. 2022-003 Transmittal Hearing — Capital Improvement Element City Clerk Howe read the ordinance into the record by legal title only. 4 Citv of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE.CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT AMENDMENT TO THE GOALS, OBJECTIVES AND POLICIES OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Planning Manager Kruse stated the next three items on the agenda are all staff initiated Comprehensive Plan Amendments. Mr. Kinzler with Kinz Consulting, LLC has prepared the following three elements with city staff assistance and will be available for any questions at the end of each presentation if needed. This item is the Capital Improvement Element of the City's Comprehensive Plan. The Capital Improvements Element is being updated to reflect the changes to the Potable Water Element and to update Appendix B - the five-year schedule of Capital Improvements. The two items below will have the reflected changes. Number one is policy 1.2.4: Update the Level of Service for Potable Water from 185 to 220 gallons per day per capita. Number two is to update Appendix B (B-5 & B-6) — the five-year schedule of Capital Improvements to FY 2023-2027 as approved in the 2022 city budget. Staff recommends approval and transmittal to the State Reviewing Agencies and tabling the final hearing until May 10, 2022. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Entsuah asked about the level of service standards for policy 1.2,4 and if those are standard for normal highways and roads. Mr. Kinzler stated that most transportation elements are standard. Council Member Bates moved to gMrove Ordinance No. 2022-003 Transmittal Hearing — Calaital Improvement Element •_ Seconded br Council Member Purvis. Passed unanimousli- 5-0 with all members present voicing aye. Item No. 13 — Ordinance No. 2022-004 Transmittal Hearing — Potable Water Element Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT AMENDMENT TO THE GOALS, OBJECTIVES AND POLICIES OF THE POTABLE WATER ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 City Clerk Howe read the ordinance into the record by legal title only. Planning Manager Kruse explained that this item is the Potable Water Element. In order to ensure adequate water supplies, the Florida Legislature has established a coordinated planning process between regional water supply plans and comprehensive plans prepared by local governments. Local governments must address in their comprehensive plans the water supply sources necessary to meet and achieve existing and projected water use demand for the established planning period, the revised City of Clermont water supply facilities work plan addresses the planning period of 2022 through 2031 and demonstrates sufficient supply to meet the objective demand over that time frame. Several areas in the element have been updated to reflect the revised work plan. The work plan has been included as well in the updated Potable Water Element. Staff recommends approval and transmittal to the State Reviewing Agencies and tabling of the adoption hearing until May 10, 2022. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines asked what constitutes an exemption from review requirements and questioned the type of exemptions. James Kinzler, Kinz Consulting, LLC stated that beyond a school, there are not many examples where the city would want to overlook and ensure that concurrency. Council Member Bates moved to yMrove Ordinance No. 2022-004 Transmittal Hearing — Potable Water Element Amendment: Seconded by Council Member Pines. . Passed unanimous1v 5-0 with all members present voicin; are. Item No.14 — Ordinance No. 2022-005 Transmittal Hearing —Intergovernmental Coordination Element AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT AMENDMENT TO THE GOALS, OBJECTIVES AND POLICIES OF THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Planning Manager Kruse presented the ordinance. The Intergovernmental Coordination Element is being updated to reflect the changes from the Potable Water Element that revises language from St. Johns River Water Management District (SJRWMD) district water supply plan to regional water supply plan. The specific change is reflected under Policy 1.3.9. Staff recommends approval and transmittal to the State Reviewing Agencies and tabling of the adoption hearing until May 10, 2022. N. City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Bates moved to yMrove Ordinance No. 2022-005 Transmittal Hearing — Intergovernmental Coordination Element: Seconded by Council Member Purvis. Passed unanimoush� 5-0 with all members resent voicing ave. Item No. 15 — Ordinance No. 2022-007 FINAL — Code Enforcement Board AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING ARTICLE V, "CODE ENFORCEMENT", DIVISION 1, "GENERALLY", SECTION 2-186 "INTENT OF ARTICLE" AND SECTION 2-187 PROVIDING THAT THE CITY COUNCIL SHALL APPOINT A CODE ENFORCEMENT BOARD; SECTION 2-187, "ALTERNATE CODE ENFORCEMENT SYSTEM" AND AMENDING DIVISION II, `CODE ENFORCEMENT BOARD", SECTION 2-206, "CREATED; JURISDICTION; POWERS AND DUTIES; ENFORCEMENT BY COURTS", SECTION 2-207, "COMPOSITION; APPOINTMENT" AND SECTION 2-208, "COUNSEL NAMED" PROVIDING FOR THE CREATION AND APPOINTMENT OF A CODE ENFORCEMENT BOARD; AND, PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. City Manager Bulthuis stated the first public hearing regarding reestablishing the Code Enforcement Board was two weeks ago. The board will meet on the third Monday of every other odd month, either at 6pm or 6:30pm. Staff s plan will be to have a training session in April after members have been appointed so they can understand their roles and tour the community. The first hearing will be in May of this year. Council Member Entsuah thanked Mayor Murry and Council Members for bringing this board back. He feels this is a great opportunity to get more citizens involved in their local government. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — Expressed that she is proud of our code officers. In favor of bringing back the Code Enforcement Board and stated that Chuck Forth will be submitting a resume to serve on the board. Mayor Murry closed the public hearing. Council Member Bates spoke regarding how many members will be on the board. He is leaning towards a five member board; instead of seven members. City Manager Bulthuis said that council can talk about that this evening and he believes the ordinance gives the option of a five member board or seven member board. City Attorney Mantzaris stated that the ordinance requires a seven member board. He will research the statute to confirm we need a seven member board. Council decided to move to Item No. 16 while Attorney Mantzaris researches the number of members. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 Item No. 16 — Ordinance No. 2022-008 FINAL — Commercial Megacycles AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING CHAPTER 62 "TRAFFIC AND VEHICLES" CREATING ARTICLE IV, "COMMERCIAL MEGACYCLES" SECTIONS 62-45 THROUGH 62-64 OF THE CITY CODES OF THE CITY OF CLERMONT AUTHORIZING THE USE OF COMMERCIAL MEGACYCLES UPON DESIGNATED STREETS; PROVIDING FOR DEFINITIONS, OPERATION OF COMMERCIAL MEGACYCLES RESTRICTED, PERMIT REQUIRED, PERMIT APPLICATION, APPLICATION FEE, REVIEW AND APPROVAL, PERMIT FEES, TRADE NAME REQUIRED, FIXED PLACE OF BUSINESS REQUIRED, GENERAL OPERATING CONDITIONS, VEHICLE REQUIREMENTS, REQUIREMENTS FOR DRIVERS AND OTHER PERSONNEL, LIABILITY INSURANCE REQUIRED; AMENDMENT TO PERMIT, BUSINESS TAX RECEIPTS, TRANSFERABILITY, PERMIT SUSPENSION AND REVOCATION, APPEAL PROCEDURE, ENFORCEMENT AND POSTING OF SIGNS; AND, PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION , THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. City Manager Bulthuis explained that in adopting this ordinance it allows someone to apply for a permit. Council is not granting anything; just setting up rules. Staff is recommending this ordinance to be re - reviewed in February 2023 with this being something new to our community. Staff intends to sit down with anyone that applies for a permit to make sure they understand the rules. Staff is recommending this to move forward for a one year trial period. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street - Expressed her opposition. Greg Amman, 550 East Avenue — Believes this is in line with the Master Plan. There is a lot of interest online for this. Barbara Hollerand, Clermont Main Street — Commended staff on putting together a comprehensive ordinance. It has a lot safeguards and she encourages approval. Jacob Simpson, 193 W. Desoto Street — Asked to consider limiting the approved area to the downtown commercial area. Darren Johnson, 1075 W. Lakeshore Drive — Clarified there will not be any alcohol served on the vehicle. The route that was originally proposed has been modified and constricted to twelve square blocks of downtown to address any issues with the local residents. Mayor Murry closed the public hearing. Council Member Bates expressed concerns about the routes and is in favor of bringing the item back to Council in one year. He supports the ordinance. 1.1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 Council Member Purvis disclosed met with Mr. Johnson and inspected the vehicle in question. They spoke about how this will interact with downtown traffic flow. He is in favor of Council reviewing the ordinance in one years' time and determine whether it fits. Council Member Pines supports the item, this is an ordinance we are looking at, not looking at an applicant tonight. Council Member Entsuah concurred with Council Member Pines. Mayor Murry met with Mr. Darren Johnson and looked over the cycle. He expressed support and stated there is no cost to the city to try this and can bring it back to Council in one year. Council Member Bates moved to approve Ordinance No. 2022-008 FINAL — Commercial Megacycles with the stipulation that it comes back to the Ciry Council in a years' time to reevaluate the ordinance; Seconded by Council Member Purvis. The motion passed by roll_ call vote 5-0. Item No.15 - The City Council came back to finish discussing Item No. 15. City Attorney Mantzaris stated that Florida Statutes 162.05 requires that a city with a population of over 5,000 have a seven member board. City Attorney Bulthuis said we currently have six applications and the deadline to submit a letter of interest and resume is Thursday, February 24. There. was discussion on what happens if we do not have seven applications to fill all the seats. Attorney Mantzaris stated that Council and staff will work to fill all seven positions. Council must fill at least four seats to have a quorum. Mayor Murry said that council has to try to fill all seven seats. Attorney Mantzaris explained that all Code Enforcement Board actions are final. If all seven members are not present at a hearing and there is a tie with what city staff presents, the city request has failed. Council Member Bates moved to a rove Ordinance No. 2022-007 FINAL — Code Enforcement Board • Seconded my Council Member Purvis. The motion passed by roll call vote 5-0. ADJOURN: With no further comments, this meeting adjourned at 7:33 pm. City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2022 APPROVED: !� 4 Tim Murry, Ma r 'J'�Ozeav-- _ Tracy Ackro d Howe, MMC City Clerk 10