03.23.2021 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 23, 2021
The City Council met in a regular meeting on Tuesday, March 23, 2021 in the Clermont Community Center.
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 Interim City Manager Dauderis, City Attorney Mantzaris, and Deputy
City Clerk Lueth.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Chris Walker, Clermont Cathedral, gave the invocation followed by the Pledge of Allegience.
PROCLAMATIONS
Florida Bicycle Month
Deputy City Clerk read the proclamation aloud. Fred Sommer of Sommer Sports accepted the
proclamation. Mayor Murry informed the public the City had received an award from the FDOT for
bicycles as well.
PUBLIC COMMENTS
Vincent Niemiec, 2569 Barrister Drive, Clermont — Asked if a request to table has ever been denied. At the
direction of the Council, City Attorney Mantzaris replied that he does not recall one happening, but it is
possible that a Council could deny a request to table.
Randy Everdeen, Woodward Court, Clermont — Sommer Sports Event. Asked the Council to continue to
supporting athletics in Clermont. Congratulated the City on the success of the triathlon that past weekend.
REPORTS
INTERIM CITY MANAGER REPORT
Interim City Manager Dauderis informed the Council about a changes to the agenda. She also informed the
Council that the City had made an offer on the Campbell property.
Interim City Manager Dauderis asked the Council for discussion on the City Council's meeting location.
The current capacity of the City Center is 285 with 100 chairs. The Council Chambers has a capacity of
131 with 55 chairs. She provided attendance counts from recent meetings.
Council Member Bates stated his desire to return to the Chambers. The rest of the Council concurred.
Hearing the desire of the Council, Interim City Manager Dauderis stated the next meeting would be in the
City Council Chambers, and shields would be installed between the Council Members to ensure social
distancing.
Interim City Manager Dauderis provided an update on parking downtown. The City is working to extend
the lease for the lot at 7"' and Minneola until May 25' with some conditions. Regarding the 8' and Minneola
lot, city staff is expecting an agreement to be forthcoming. Also, City staff is working on the plan to improve
the 7' and Osceola lot by adding a staircase by Suncreek Brewery for approximately $10,000.
Council Member Purvis asked if the staircase would be ADA compliant. Interim City Manager Dauderis
replied that the staircase would not be ADA compliant, but added that the City is not required to be ADA
compliant on temporary structures.
City of Clermont
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REGULAR COUNCIL MEETING
MARCH 23, 2021
Finally, Interim City Manager Dauderis informed Council the City is moving forward with the parking
studies. Council Member Purvis asked how the studies were being funded. Interim City Manager Dauderis
said the Community Redevelopment Agency (CRA) dollars could be used to fund the studies.
CITY ATTORNEY REPORT
City Attorney Mantzaris
House Bill 266 Update. Language is being added to the bill to clarify home based businesses. This
will allow for a partial exemption to the state. However, the bill sponsor added the language back
in via a late filed amendment. Under the current language, the City would still be allowed to
regulate some types of business.
House Bill 219 Update. The short term rental bill was not voted on at the last committee. The bill
is not moving currently.
City Manager Search Update. The City's Procurement put out a bid and responses were received.
Upon staff review, there was a concern that certain players did not submit proposals. The decision
was to ask permission of the Council to engage in direct negotiation which is allowed under the
City's Procurement Policy. The proposal is that two (2) weeks from tonight there will be a Council
Workshop. Applicants can give short presentations on their proposals that would be heard directly
by the City Council.
Regarding the City Manager Search. The Council consented to entering into direct negotiation and a
workshop was scheduled for April 6, 2021 at 6:30PM.
CITY COUNCIL REPORT
Council Member Bates
- Winter Garden Update. Attended the Winter Garden Commission meeting. The ordinance was
tabled for two (2) weeks. If negotiations are progressing they will consider tabling for another two
(2) weeks.
Council Member Purvis
- Thanked the Clermont Paramedics, Fire and Public Safety as well as the County level staff for all
the work done on vaccinations.
Council Member Entsuah
- Happy to join the Tourism Development Council.
- Asked that the Hanks family be in the community mind.
Council Member Pines
- Thanked Council Member Bates for his work on the Winter Garden issue.
Mayor Murry
- Signed letters of opposition for the three legislative bills presented by the City Attorney.
Congratulated Sommer Sports on a good event.
Easter baskets will be available at Clermont Elementary 10:00-12:00 on Saturday at 4pm.
- Food Drop-off at Family Christian Center on Saturday at 10:00am.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 23, 2021
LAKE COUNTY UPDATE
The following report was heard out of order and was heard after Public Conznzents.
Sean Parks, Lake County Board Chairman — Chairman Parks presented an update on recent actions of the
of the Board of County Commissioners. He announced that the Lake County BOCC accepted the
appointment of Council Member Entsuah to the Tourism Development Council, and that the Roadway
Funding agreement for Wellness Way and the alignment was approved by the County Commission; the
extension of Hancock South was also approved.
Hancock Road north of Hartwood Marsh is currently being studied. The study is being done primarily
internally by county staff. The study will examine the feasibility of widening the road. Council Member
Purvis asked when the study would be made available. Chairman Parks said he did not know, but would
make it available to the Council when it is made available to him.
Chairman Parks told the Council that the Winter Garden road issue is being pushed out, but talks seem to
be positive and moving in the right direction.
Mayor Murry asked about Hooks Street east of Hancock. Chairman Parks said there is nothing new, but it
is on an upcoming agenda. He asked that a representative of the Council attend the Commission meeting.
Mayor Murry asked about vaccinations and if Lake County has dropped the age limit. Chairman Parks said
that the Governor sets the age limit. He informed the Council that Lake County is one of the highest
vaccinated and has one of the lowest contaminated populations. Compared to Orange County, Lake County
is able to equal their output with far less resources.
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— Minutes Approval
Item No. 2 — Event Request
PIG ON THE POND
Item No. 3 — Event & Open Container Request
TASTE OF SOUTH LAKE
Item No. 4 — Utility Agreement
Consider approval of the minutes from February 23,
2021 and March 9, 2021 regular City Council
meetings.
Consider event to be held October 15, 16, and 17
for open container in approved area, fee waiver,
signage, fireworks, staff assistance, and trail and
boat ramp closure.
Consider allowing the South Lake Chamber of
Commerce to have an open container event on
November 4, 2021 at Waterfront Park.
Consider agreement request for 600 gallons of
water per day for a self -storage facility located in
unincorporated Lake County and within the City's
JPA area.
Item No. 5 — Resolution No. 2021-016R Consider Fiscal Year 2021 Budget Amendment
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 23, 2021
Item No. 6 — Resolution No. 2021-017R Consider Resolution to amend, restate, and readopt
the Employment Policies Manual.
MOTION TO APPROVE the consent agenda for March 23 2021 made by Council Member
Bates. Seconded by Council Member Purvis. Passed unanimously will all members present
voicing aye.
UNFINISHED BUSINESS
Item No. 7 — Ordinance No. 2021-004 FINAL — Hooks Street Offices 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 CONFLICT, SEVERABILITY, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN
EFFECTIVE DATE.
Deputy City Clerk Lueth read Ordinance 2021-004, 005, 006 into the record. City Planner John Kruse
presented all in one presentation.
Regarding the annexation, Planner Kruse showed a map of the boundaries and showed how it was
contiguous to current boundaries.
Regarding the CPA, Planner Kruse said that the applicant is asking for a change from Lake County
Commercial to Clermont Commercial. Staff supports the change since it meets the requirements, and does
not conflict with the current comprehensive plan. The Planning & Zoning Board voted 5-2 for approval.
Regarding the rezoning, Planner Kruse said the applicant is asking for a zoning assignment of C2 for
commercial development. The applicant has not asked for any variances for construction of the project. The
surrounding properties are zoned C2 General Commercial. Planner Kruse also showed a conceptual plan of
the site with two one story buildings. Staff has reviewed the application and has determined that the
proposed use is consistent with the planning for the surrounding area. Staff recommends approval. The
Planning & Zoning Board voted 5-2 for approval.
Christopher Germana, Germana and Associates —Applicant Representative. The applicant does not want to
do residential. The project is currently zoned Lake County R6. The developer would like to do a medical
office site. No variance requests are anticipated as they are going to work with the topography as is with
the cut and fill.
Mayor Murry opened the floor for comments from the public.
Dani Page, Tuscany Ridge — Concerns about vacant offices currently available on Hooks. Does not want
more empty buildings on Hooks Street.
Vincent Niemiec, 4569 Barrister Drive, Clermont — Concerns about differences in stories received from the
applicant at the Planning & Zoning Board.
Seeing no further comments, Mayor Murry closed the floor.
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City of Clermont
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REGULAR COUNCIL MEETING
MARCH 23, 2021
Amit Pandey, Orlando - Applicant. Mr. Amit stated he was available for questions.
Council Member Entsuah asked if both offices were going to be medical. Mr. Pandey said that they
are a family practice and one building would be medical and the other one is unknown at this time.
They are currently renting, but would like to own.
Council Member Purvis asked if the applicant could tell their history of developing spaces. Mr.
Pandey said they have about 7,000 square feet in Davenport with the rest occupied by labs. They
have several thousand feet in Poinciana. They are working on a space in Winter Garden which is
already full either of themselves or specialists. They have 15,000 sq. ft. in Four Corners.
Council Member Purvis asked if the non -applicant occupied space is leased up. Mr. Pandey said yes.
Council Member Purvis has concerns about a saturation of the local market with medical purposes.
He asked the City Attorney if there was a way the Council could control development so that there
were less empty spaces. City Attorney Mantzaris stated that for the case before them there is no way
for the Council to act as they are not coming in as a PUD nor are they seeking any variances.
Council Member Bates said that this is an ideal project, but he understands Council Member Purvis's
concern. Mayor Murry agreed.
Council Member Pines said that this applicant should not be penalized for the inaction of another
developer.
MOTION TO APPROVE and adopt Ordinance No. 2021-004 annexing the property into
the City of Clermont made by Council Member Bates. Seconded by Council Member Pines.
Passed 5-0 on roll call vote will all members present voting aye.
Item No. 8 — Ordinance No. 2021-005 FINAL — Hooks Street Offices 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 APPROVE and adopt Ordinance No. 2021-005 granting the comprehensive
plan amendment made by Council Member Bates. Seconded by Council Member Entsuah.
Passed 5-0 on roll call vote will all members present voting aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 23, 2021
Item No. 9 — Ordinance No. 2021-006 FINAL — Hooks Street Offices Rezoning
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, PUBLICATION AND AN EFFECTIVE DATE.
MOTION TO APPROVE and adopt Ordinance No. 2021-005 granting the comprehensive
plan amendment made by Council Member Bates. Seconded by Council Member Entsuah.
Passed 5-0 on roll call vote will all members present voting aye.
Item No. 10 — Ordinance No. 2021-007 FINAL - WITHDRAWN
Item No. 11— Ordinance No. 2021-009 FINAL — Victory Pointe CPA
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
ADOPTING THE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF
CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART 11, FLORIDA
STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE
LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE
PURPOSE AND INTENT OF THE LARGE-SCALE COMPREHENSIVE PLAN
AMENDMENT; PROVIDING FOR THE ADOPTION OF THE LARGE-SCALE
COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS
OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE.
Deputy City Clerk Lueth read the legal title for Ordinances 2021-009 and 2021-011 into the record.
Development Services Director Henschel made a short staff presentation. He explained that this is an
applicant initiated request with the City being the applicant. The intent of this ordinance is to clean up the
map.
Regarding both the Comprehensive Plan Amendment and Rezoning, staff recommends approval, and the
Planning & Zoning Board P&Z recommends approval.
Mayor Murry opened the floor for comments from the public; seeing no public come forth the floor was
again closed.
Council Member Bates asked if the part south of Minneola Ave was included. Director Henschel said yes.
Council Member Bates asked if the Sprinkles property was included. Director Henschel said no.
Council Member Entsuah asked what cleaning up the map means. Director Henschel explained that the
parcels had a mixture of zoning designations including commercial. He also added that by designating
this as park land, it will help the City later on when applying for grants.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 23, 2021
MOTION TO APPROVE and adopt Ordinances 2021-009 made by Council Member Bates.
Seconded by Council Member Pines. Passed 5-0 on roll call vote with all members present voting
aye.
Item No. 12 — Ordinance No. 2021-011 FINAL — Victory Pointe Rezoning
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, AN EFFECTIVE DATE AND PUBLICATION.
MOTION TO APPROVE and adopt Ordinances 2021-011 made by Council Member Bates..
Seconded by Council Member Purvis. Passed 5-0 on roll call vote with all members present voting
Item No. 13 — Ordinance No. 2021-012 FINAL — Pension Plans Restatement
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, REPEALING ORDINANCE 304-C; AMENDING SECTION 46-
21; AMENDING SECTION 46-23 TO ADD AN AMENDED AND RESTATED PLAN
DOCUMENT FOR THE CITY OF CLERMONT POLICE OFFICERS' RETIREMENT
PLAN; AMENDING SECTION 46-24 TO ADD AN AMENDED AND RESTATED
PLAN DOCUMENT FOR THE CITY OF CLERMONT FIREFIGHTERS'
RETIREMENT PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Deputy City Clerk Lueth read the legal title into the record. Finance Director Pam Brosonski informed the
Council that there were some updates to the document exhibits since the introduction and explained the
changes to the Council.
As part of the overall presentation, Director Brosonski stated that the biggest improvement to the plan is
the DROP option, which is not included in the original document adopted from the Florida League of Cities.
The actuarial analysis says there are no additional financial obligations to the City by offering this benefit.
The second update was that Share Plans have been added as an option to the plan. The final update is the
adoption of October 1 as the overtime limit; this is to bring the plan into compliance with the state mandate.
Director Brosonski also informed the Council that the Firefighter Plan now includes new state mandate
language for cancer.
Mayor Murry opened the floor for comments from the public; seeing no continents, the floor was closed.
Council Member Purvis shared that he sat on the Fire Pension Board in the past, and a lot of thought and
activity has gone into the update of this plan.
City of Clermont
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He commends staff for working with the union and union representatives. It was difficult to understand
the actuarial numbers at times, but since he has not received any complaints, he is in full support.
MOTION TO APPROVE and adopt Ordinance No. 2021-012 made by Council Member Bates.
Seconded by Council Member Purvis. Passed 5-0 on roll call vote with all members present
voting aye.
NEW BUSINESS
Item No. 14 — Resolution No. 2021-014R — Green Horizons Academy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A
PRIVATE SCHOOL IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT.
PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE
DATE.
The legal title was not read into the record.
City Planner Kruse made the staff presentation. He informed Council the school is for students with
intellectual difficulties. The students will be transported by the parents with no busing, and. no pick up or
drop-off line will be allowed. After school options will be till offered until 4:00pm. City staff has reviewed
the application and finds that it meets the requirements for a Conditional Use Permit. Staff recommends
approval.
Naisha and Eric Delgado — Applicants. Made themselves available for questions.
Mayor Murry opened the floor for comments from the public.
Dani Page, Tuscany Ridge — Supports the idea. Special needs children need the attention they are not getting
in public schools.
Vincent Nieiniec, 2569 Barrister Drive, Clermont — Wanted to the Council to know that the Delgado's are
not affiliated with the South Florida Greater Horizon Academy which has had issues. He supports the
proj ect.
Seeing no further comments, Mayor Murry closed the floor.
Council Member Bates likes the idea, but he has a safety concern regarding drop-off and pickup. Mr.
Delgado stated that the parents will all have to park and make sure that it will be safe.
Council Member Purvis asked about the Greater Horizon Academy and its relationship to the Delgado's.
Ms. Delgado stated that they are the Greater Horizon Academy of Excellence and are not related to the
other entity. Ms. Delgado also stated that she is a fully certified individual and gave a brief overview of
her credentials in order to operate this school.
MOTION TO APPROVE the CUP in Resolution 2021-014R made by Council Member Bates.
Seconded by Council Member Pines. Passed unanimously with all members 12resent voicing ave.
City of Clermont
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REGULAR COUNCIL MEETING
MARCH 23, 2021
Item No. 15 — Lien Reduction Request
Development Services Director Henshel presented a lien reduction request. The Legends Homeowner's
Association (HOA) requested in June 2020 a reduction of the lien and it was reduced to $5,000 payable
within 60 days. The payment was not made and the lien returned to its previous amount of $18,300. The
HOA is back as a new entity with new leadership and is asking for a full reduction and elimination.
Patrick Maloney, 3810 Liberty Hill Drive, Clermont —Applicant. Mr. Maloney gave a history of the case,
and asked for a full reduction of the lien. He showed the Council a 42 second video.
Paul Boylan, 1642 Orange Thorp Drive, Clermont — Resident of Legends. The Legends HOA are spending
a lot of money to improve the golf course for themselves and the greater community. The lien is a burden
on their budget.
Cres Bigglio, 3893 Beacon Ridge Way, Clermont -Applicant. They went through a lot to get it going. They
were surprised about the fines. They are bringing the golf course up to a level 7-8 which is close to the
maintenance of a championship golf course. They made the investment for themselves and the community.
They are asking for some help.
Mayor Murry opened the floor for comments from the public; seeing no public come forth, the floor was
closed.
Council Member Pines asked when the property was sold. The Council was told that the HOA acquired the
property on July 10, 2020. Council Member Pines asked why the City's lien was not settled by the title
company during closing.
City Attorney Mantzaris said that the only way this transaction could have moved forward was if the buyer
was made aware of the lien.
Council Member Pines asked who was at the closing table and signed. The Council was informed that the
former HOA President waived the fee at closing.
City Attorney Mantzaris advised Council Member Bates that he needs to recuse himself from the vote as
there is a potential conflict of interest. He reminded him that he had recused himself when this last came
to vote before the Council.
City Attorney Mantzaris informed the Council that it is appropriate for a contract purchaser to approach
the City Council to ask for a fine reduction prior to their purchase of the property. He also said that if the
fine was indeed waived at closing, there might be $5,000 sitting in trust somewhere until the City asks for
it. He told the Council that if the applicant is willing to work with the City, the City can work to see if
there is money sitting out there somewhere.
Prior to the vote, Mayor Murry stepped down from the board chair so as to 2111 the motion and participate.
A friendly amendment by Council Member Pines to reduce the payment to 30 days was offered. Council
Member Purvis rejected the friendly amendment. Council Member Pines did not offer an amending motion
for consideration.
Mayor Pro Tern Bates called the question on the vote.
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City of Clermont
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MOTION TO REDUCE to $5,000 payable with 60 days with the understanding that Cites
will work with the current owner to determine if the money is at a closing agent's office or if
somebody dropped the ball but also preserve the Cit 's collection. 2°d by Ma or MEM. Passed 3-
1 - 1 with Council Member Entsuah dissentinp, and Council Member Bates abstaining.
Mayor Murry resumed the chair position.
Item No. 16 — Ordinance No. 2021-010 FINAL — Graff Building PUD — TABLE TO APRIL 27, 2021
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, AN EFFECTIVE DATE AND PUBLICATION.
This item was heard out of order, and was considered during the City Manager's Report.
Deputy City Clerk Lueth read the title into the record.
MOTION TO TABLE the hearing of Ordinance 2021-010 until April 27, 2021 made by Council
Member Bates. Seconded by Council Member Pines. Passed unanimously with all members present
voicing aye.
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City of Clermont
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REGULAR COUNCIL MEETING
MARCH 23, 2021
ADJOURN: With no further comments, this meeting adjourned at 8:28 pm.
APPROVED:
`.,• , a. Tim Murry, yor
Jv
Tracy Ackroyd Howe, City Clerk
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME ---FIRST NAME --MIDDLE NAME
i NAME OF BOARD COUNC€L. COMMISSION AUTHORITY. OR COMMITTEE
BATES, TIMOTHY
CLERMONT CITY COUNCIL
MAILING ADDRESS
THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON
4001 GREYSTONE DR
I WHICH I SERVE IS UNIT OF
g 56 CITY CI COUNTY L) OTHER LOCAL AGENCY
CITY COUNTY
CLERMONT LAKE
NAME OF POLITICAL SUBDIVISION:
--__-_-- _--__-----_---_-__-- ----------___-- -- - -
CLERMONT CITY COUNCIL SEAT 1
DATE ON WHICH VOTE OCCURRED
------ --- ---- —
MY POSITION Is
03/23/2021
Ld ELECTIVE .] APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained)-, to the special private gain or loss of a
relative-, or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law. son-in-law, and daughter-in-law. A "business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B - EFF. 11'2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f). F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
TIMOTHY BATES March 23 21
I, ,hereby disclose that on 20
(a) A measure came or will come before my agency which (check one or more)
_X inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of _ by
whom I am retained; or
inured to the special gain or loss of which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
I own a home in the Legends subdivision that has a golf course. A motion came to the city council to decrease
fines that the owner of Legends Golf Course obtained over the last several years. The Legends Home Owners
Association has proposed to decrease the fines. If the formentioned fines were decreased then my monthly
personal home owner dues would possible decrease a few dollars. This would cause me to financially benefit
from voting on the decrease of the fines, which is a conflict of interest.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
04/06/2021
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED S10,000.
CE FORM 813 - EFF. 11 /2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f). F.A.C.