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10.10.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, October 10, 2023 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Entsuah, Pines and Purvis. Other City officials present were Development Services Director Henschel, City Attorney Mantzaris, and City Clerk Howe. City Manager Bulthuis and Council Member Gonzalez were absent. INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplain James Pagan gave the invocation followed by the Pledge of Allegiance. Mayor Murry announced that City Manager Bulthuis was not in attendance and Development Services Director Henschel would be filling in on his behalf. AGENDA CHANGES Development Services Director Henschel informed the Council of the following agenda changes: The Procurement Award will be moved to the October 24, 2023 meeting. Item No. 7 — Variance Reauest. Valor Lakes. This item has been withdrawn. The applicant worked with staff and complied with code. Item No. 10 —Lien Reduction Reauest This item has been withdrawn from the agenda and will be rescheduled to a future meeting. Item No. I1— Variance Reauest. 274 Crystal Lake Drive Development Services Director Henschel informed the Council this is a request to table the item to October 24, 2023. Council Member Entsuah moved to table Item 11. Variance Reauest to October 24. 2023. Seconded by Council Member Purvis. Passed unanimously 4-0 with all members Dresent voicine ave. PROCLAMATION City Clerk Howe read a proclamation recognizing White Cane Safety Day. Mayor Murry presented the proclamation to Mykal Seaton, New Vision Independence Inc. Mr. Seaton thanked Council and stated that south Lake County is very accessible for those with low vision. City Clerk Howe read a proclamation recognizing Hispanic Heritage Month. Mayor Murry presented the proclamation to Roland Nunez. Mr. Nunez, on behalf of the Hispanics of Lake County community, said that they are excited to be part of the community. City of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 PUBLIC COMMENTS Charlene Forth, 939 W. Desoto Street — spoke on decorum during Council meetings. Ruben Jimenez, 556 Autumn Ash Drive — expressed concern with traffic near Highland Ranch subdivision. Development Services Director Henschel stated that staff will look into the issue. REPORTS CITY MANAGER REPORT Development Services Director Henschel - • October 17 workshop has been canceled. • Pig on the Pond is this weekend at Waterfront Park. CITY ATTORNEY REPORT City Attorney Mantzaris — • Informed Council that the property known as Coastal Investment has filed a petition with the courts to challenge the decision from the appeal of the parking determination at 821 W. Minneola. CITY COUNCIL REPORT Council Member Pines — • National Night Out had a huge turnout, recognizing first responders. • Attended the Clermont Police Department promotional ceremony. Congratulated all that were promoted. Council Member Purvis — • Attended the Clermont Police Department promotional ceremony. Congratulated all that were promoted. Council Member Entsuah — • He recognized longtime resident, Mrs. Paula Hoisington, who was sitting in the audience. Mayor Murry — • National Night Out last Tuesday was well organized and attended. • Thanked the Police Department and congratulated those promoted. • Thanked everyone for the calls and cards regarding the loss of his sister. • Pig on the Pond will be Friday through Sunday. • Mayor's luncheon was well attended at the Clermont Cafe. • Prayers to the victims in Israel. 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 Item No. 1 — Meeting Minutes Item No. 2 — Grant Application and Budget Amendment Item No. 3 — Resolution No. 2023-044R Item No. 4 — Resolution No. 2023-045R and Budget Amendment Item No. 5 — Lake County Sherriff's Office Agreement Consider approval of the minutes of the September 12 and 26, 2023 Council Meetings, and September 20, 2023 Final Budget Public Hearing. Consider approval for submission of Hazard Mitigation Grant Program (HMGP) application for replacement of the emergency generator at Fire Station #3 and budget amendment in the amount of $117,569. The federal share is $88,177 and the City's share is $29,390. . Consider approval of real property list in accordance with Senate Bill 102. Consider approval to purchase the property located at 650 W. Montrose Street and a budget amendment in the amount of $900,000. Consider approval of LCSO agreement for dispatch services from October 1, 2023 to September 30, 2024 in the budgeted amount of $484,200. Item No. 6 — Employment Policies Manual Consider amending the Employment Policies Amendment Manual, Chapter 4: Compensation/Salary Storm Leave Administration, Section 4.8 Storm or Other Disaster Pay and Leave. Council Member Entsuah and Charlene Forth pulled Consent Item No. 4 for further discussion. Council Member Purvis moved to approve Consent Asenda Items 1. 2. 3 and 5 and 6 as presented: Seconded by Council Member Entsuah. Passed unanimouslv 4-0 with all members present voicine ave. Item No. 4 — Resolution No. 2023-045R and Budget Amendment Charlene Forth, 939 W. Desoto Street - inquired as to what the $900,000 will be spent on at 650 W. Montrose Street. Development Services Director Henschel stated that the property is being purchased for the expansion of the administrative staff at Fire Station 1. The funding for this property is coming from impact fees. Fire Chief Ezell explained that they have been strained with space inside the administration building. Staff' had been looking at an additional expansion. Purchasing the building is a cost effective solution. Beyond the purchase of the building there is approximately $100,000.00 for remodeling and office furniture. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 Council Member Entsuah questioned the appraisal amount of the property. The property appraised for $785,000.00, the original asking price was higher but the seller settled on the appraised value. Fire Chief Ezell stated the cost to build a new facility would be more expensive than the purchase amount of the property and renovations. Council Member Pines asked staff to explain to residents where impact fees come from and how they can be used. Development Services Director Henschel explained that any new development, residential and commercial, pay impact fees at the time of permitting. City Attorney Mantzaris added that impact fees are restricted in the type of use. Fire impact fees can only be utilized to expand capacity to provide fire services. Council Member Purvis moved to accent Item No. 4 on the Consent Agenda; Seconded by Council Member Pines. Passed unanimouslv 4-0 with all members vresent voicing ave. UNFINISHED BUSINESS Item No. 7 — This item was addressed earlier in the meeting. Item No. 8 — Ordinance No. 2023-028, General Employee 401 (a) Vesting Change AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, APPROVING AMENDMENT ONE TO THE 401(A) CITY OF CLERMONT DEFINED CONTRIBUTION RETIREMENT PLAN FOR EMPLOYEES; AMENDING THE VESTING PROVISION OF THE PLAN TO FIVE (5) YEARS AND THE "BREAK-IN SERVICE" RULES; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. City Clerk Howe read the ordinance title aloud. Human Resources Director Ohlinger presented the item. The general employee defined contribution plan was established in 2001. The City of Clermont contributes 10% of an employee's salary to this plan. After five years of service, employees are 50% vested and the vesting increases by 10% with each additional year of service, up until ten years of service when an employee becomes fully vested for 100% of the benefit. Staff recommends that the vesting schedule be revised to allow 100% vesting at the completion of five years of service in an effort to become more competitive and improve recruitment and retention. If approved, the change would apply to all eligible actively employed as of today, October 10, 2023. Providing quicker access to retirement benefits can encourage and motivate existing employees to stay with the organization and boost morale and job satisfaction. It can also attract prospective employees by offering more appealing retirement benefits as part of our total compensation package. Additionally, changing the vesting to five years will more closely align with modern workforce trends. The second aspect of the amendment is more administrative in nature. It addresses the Break -In Service rules for re -hired employees. As of October 10, 2023 re -hired employees will be treated as new hires regardless of their Break -In Service. The City of Clermont budgets and contributes 10% of all general employees' salary to a 401(a) defined contribution plan. Due to the uncertainty of when an employee leaves, it is undetermined what the fiscal impact will be. By approving this amendment tonight, the City will be more competitive in the workforce. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Discussion ensued regarding Councils support of this amendment and retaining staff. Council Member Pines moved to approve Ordinance No. 2023-028, Seconded by Council Member Purvis. The motion passed by roll call vote 4-0. NEW BUSINESS Item No. 9 — Lien Reduction Request Development Services Planning Manager Kruse stated that this is a request for a Lien Reduction on two parcels of vacant land owned by owner-Ahmad Alyahya. The first parcel is located on Roane Road and is zoned commercial with a future land use of Low Density Residential. The second parcel on North US 27 is zoned commercial with a future land use of commercial. The Roane Road case was initiated in June of 2018 with a total amount owed $230,750.00. The north US 27 case was initiated in January of 2022 with a total amount owed $67,750.00. Both parcels connect and had similar violations: overgrowth, property maintenance, nuisances and temporary structures. Calls came to Code Enforcement from Clermont Police Department in reference to homeless living on the property. After an inspection was conducted, Code Enforcement observed the property was not maintained, along with homeless encampments and trash on these vacant lands. Several attempts to contact owner or any representative were unsuccessful. Total amount owed on both parcels is $298,500.00. Clermont Police Department contacted Code Enforcement in March of 2023 advising they were in contact with a representative of the owner who is out of the country. Code Enforcement met with the representative, Mr. Sulemain, on -site in May 2023, who soon after brought both properties into compliance and fines stopped accruing. Mr. Sulemain requested a lien reduction due to the owner attempting to sell the parcels and needs to clear these liens. The applicant is proposing a lien payout of $29,850.00 from the original amount owed of $298,500.00, which is 10% of total amount owed. The applicant, Mr. Sulemain, represents the owner of both properties. Mr. Sulemain is requesting approval of the lien reduction. There was miscommunication between the owner and himself and the notices were being mailed to an incorrect address. He does check the Property Appraisers website for the tax bills but the liens do not show on that site. Once he became aware of the issues with the properties, they were brought into compliance. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Entsuah asked staff if the Property Appraiser shows when there is a lien on a property. City Attorney Mantzaris stated that liens do not typically show on a general website, a title search on the property would have to be performed to show that information. Council Member Purvis inquired how the the real estate taxes got paid annually if the tax bill went to the same address the notices of noncompliance were mailed. Mr. Sulemain stated that he was going online to make payment without receiving the tax bill. Council Member Purvis said he spoke to staff and was informed that the time and finances the City has put into this case is under the $29,850.00 that the applicant is proposing. Mr. Purvis stated that he would like to accept the offer payable in 30 days. City of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 Mr. Mantzaris stated for Council to put a set date for payment or the fine will revert back to its original amount. Mayor Murry stated that as a council, he would like to see a set percentage of how much a fee can be reduced. Previously, Council has reduced fees and he would like to see a consistent percentage across the board. Council Member Purvis asked for this discussion to be added to a workshop agenda. He stated there is a difference on 10% of $500.00 and 10% of $300,000.00. City Attorney Mantzaris discouraged Council setting a set standard. Code Enforcement fines and liens are determined on three factors based on each specific case: the gravity of the violation, the cooperation of the respondent and whether there have been any previous violations. Those three factors are different on every case. You cannot have a set percentage based on cases because that would be contrary to how the law says the fines and liens are supposed to be viewed. Furthermore, Mr. Mantzaris stated that he is not suggesting that there should not be a standard that Council uses. There are costs and expenses the city would want to recover, however each case has to be looked at individually and separate. Council Member Purvis moved to accent Item 9. Lien Reduction rea_uest as n_ resented: Seconded by Council Member Entsuah. City Attorney Mantzaris clarified that would include payment by November 10, 2023 or will revert back to its original amount of $298,500.00. Passed unanimouslv 4-0 with all members present voicin¢ ave. Item No. 10 — This item was addressed earlier in the meeting. Item No. 11 — This item was addressed earlier in the meeting and tabled to the October 24, 2023 meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING October 10, 2023 ADJOURN: With no further comments, this meeting adjourned at 7:22 pm. ATTEST: Tracy Ackroyd Howe, MMC City Clerk 7 APPROVED: Tim Murry, M or