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03.22.2022 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 CALL TO ORDER The City Council met in a regular meeting on Tuesday, March 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 Choice Edwards of Central Florida Free Thought Community followed by the Pledge of Allegiance. PUBLIC COMMENTS Dani Page, Inside Clermont, announced her content is still available on YouTube, Sound Cloud, website and new Facebook page. REPORTS CITY MANAGER REPORT City Manager Bulthuis • Introduced the new Parks and Recreation Director, Brian Foreman, who comes to us from the City of Apopka. He will be starting on Wednesday, March 30. • Streetscape Phase 3 will begin on or about April 4. The contractor is confident they will complete within the original timeline. • This past Saturday he attended the charity kickball game with Chief Ezell and Chief Broadway. The Police Department won the game. It was a fundraiser for cancer. • Jay and the Americans will be at the Performing Arts Center on Thursday, March 24. • South Lake Chamber will have their Business after Hours at Suncreek Brewery this Thursday, March 24. • The half marathon scheduled for this weekend will be moved due to construction on Victory Way. Board of County Commissioner Chair Parks • Spoke about the LEAD initiative. They are working on continuing to move to formalize the initiative which is in addition to what we are already doing with Elevate Lake. City Manager Bulthuis stated that staff has not made a presentation to Council yet. The City is waiting to see where the LEAD group was going with the initiative before presenting to Council. • Participated in a seminar called Wildlife Corridors 101, about wildlife corridor planning. This is a part of the county wide effort for joint planning. • A county wide plan questionnaire went out asking all cities, what their plans/visions are and what would they like to get out of joint planning agreement. What changes do they want to make. • There will be another joint meeting with all 14 cities as well as questions from the cities. They will get a consultant to assist with a strategy document where all parties can sign off. • As we are preparing for budget season, there is a desire on commission that the additional revenues from growth are directed towards road projects. The Commission committed 2 percent out of the General Fund effective this year to spend on roads and would like to increase it to 4 percent. City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 Council Member Purvis commented he believes the damage to Hancock Road is storm water runoff that is not being controlled. They will come out and fix a pothole and with the next big rain, it is back again. Vincent Niemiec, Regency Hills, asked the status of Hartwood Marsh Road and Hancock Road. Commissioner Parks stated that Hartwood Marsh from Hwy 27 to Regency Hills is the highest priority for the County. The Commission authorized for final engineering and once that is complete, construction wil begin. When the 455 extension with a roundabout is complete, that will extend the road to four lanes. Mayor Murry stated that he heard funding may be available for extending County Road 455 within the next couple years. Commissioner Parks said that it is possible, but he has not heard the two year timeframe. Commissioner Parks talked about the study they did on Hancock Road north of SR 50. The next stage would be the preliminary design then engineering then construction. The goal for construction is five years. Mayor Murry stated his concern about the timeline for extending Hooks Street from Hancock Road to County Road 455. Commissioner Parks said he is not sure when that will be constructed. City Manager Bulthuis asked Council to send him any questions they have. Staff will contact the county and Stoney to coordinate a schedule with the status of all the roads. Commissioner Parks stated they can update the map that was previously provided to Council and bring Fred back, which will be coordinated by City Manager Bulthuis. Commissioner Parks announced that Jennifer Barker is the new County Manager. Council Member Purvis thanked Commissioner Parks for his support in appointing him to the Tourist Development Council (TDC). Commissioner Parks explained the TDC advises the Commissioners on how to spend the tourist development tax dollars. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — No report. Council Member Purvis — • Several months ago, the fountain at Center Lake went out due to the high level of water. He thanked Public Services Director Brunson for getting it running and stated it looks great. Council Member Entsuah — No report. Council Member Pines — • Toured all four fire stations last week. Chief Ezell was kind to devote his day to taking her around. Talked to the Fire Fighters and heard their point of view and their needs. The tour gave her a perspective on the needs of the Fire Department. It is good for all Council Members to do. • Attended the Kickball event to benefit cancer for South Lake County. Stated she will do it again next year and asked how much money was raised. Chief Ezell answered the event raised $2,000. Mayor Murry — • Apologized for not making the kickball game as he had a prior commitment. City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 • Had the opportunity to tour the Public Works facility. It was a great tour. 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 — Surplus Request Item No. 3 — Self Insurance Fund ARPA Transfer, Increased Employer Contributions And Budget Amendment Item No. 4 — General Employee Pay Scale Adjustment and Budget Amendment Item No. 5 — Purchase Approval And Budget Amendment Item No. 6 — Audit and Annual Financial Report Item No. 7 — Resolution No. 2022-012R Item No. S — Victim of Crime Act (VOCA) Grant Acceptance and Budget Amendment Item No. 9 — Interlocal Agreement and Budget Amendment Consider approval of March 8, 2022 Council Meeting Minutes. Consider declaring surplus from Public Services, Development Services, and Parks and Recreation and dispose of in accordance with the Purchasing Policy. Consider the transfer of funds to the healthcare self- insurance fund from eligible ARPA funds and increase employer contributions for CY 2022, with corresponding budget amendments. Consider a revised Pay and Classification Schedule with an adjustment of $1.00 per hour to the minimum and maximum pay of all pay grades and a corresponding pay adjustment of $1.00 per hour for current general employees (excluding police and fire union employees) through pay grade 122 with a corresponding Budget Amendment. Consider approving funding for a used fire engine, related equipment and repairs and graphics with a corresponding Budget Amendment in the amount of $72,825. Consider acceptance of Fiscal Year 2020 Audit and Annual Financial Report. Consider approval of Resolution No. 2022-012R, an agreement with Lake Apopka Natural Gas granting a non-exclusive franchise. Consider grant approval for a victim advocate part- time position for 2021-2022 covering salary and associated expenses with a City match along with the corresponding Budget Amendment. Consider an agreement between Lake County Water Authority and the City of Clermont to fund two Police Officers up to $220,000 from April 1, 2022 to April 30, 2025 and a corresponding Budget Amendment. City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 Council Member Bates moved to a rove the Consent Agenda as resented 16r March 22 2022 • Seconded by Council Member Pines. Passed unanimousl , 5-0 with all members present voices ave. UNFINISHED BUSINESS Item No. 10 — 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 ADOPTING A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ESTABLISHING AN ADDITIONAL GOAL, OBJECTIVES AND POLICIES FOR WELLNESS WAY; 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 City Planner Kruse presented the ordinance. This is the adoption hearing of the Future Land Use Element that includes the addition of the Wellness Way Goals, Objectives, and Policies. The transmittal included sending the proposed amendment along with the appropriate supporting materials to several state and regional agencies for review and comment. A total of nine agencies were notified of the proposed changes. The city has received responses from three state agencies and the Lake County School Board. Two State Agencies, the Florida Department of Economic Opportunity and the St. Johns River Water Management District, had "no comment." The Florida Department of Transportation provided one technical comment that requested continued coordination with FDOT and all parties involved relative to future development within the general area. The Lake County School Board requested school sites to be considered in the area during the review of projects. Under Policy 2.6.6 Provision of Education Facilities and Objective 2.7 Intergovernmental Coordination and Policy 2.7.1, the Lake County School Board will be a part of the review and comment process of future developments. This would provide an opportunity for the School Board to discuss potential school sites and solutions. Therefore, no changes to the proposed transmitted Future Land Use element will be made due to the Lake County School Board comment. The adopted element will have 2 updated graphics based upon the CFX delivery of the 60% design plans for the Lake -Orange Connector. Figure 1 on page I-18 and Figure 2 on page I-23 have been updated since considerable lands will be needed by CFX at the 455 interchange and this has adjusted the land use slightly in this area. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 In addition, 6 changes are being added to the proposed adoption packet as a result of the City Council Workshop and suggestions by Lake County, property owners and consultants. Two are new policies and four are under existing proposed policies. These changes have been highlighted in Attachment A and they occur on page I-21, I-22, I-24, I-25, I-30 and 1-3 S. A recent change on Policy 2.5.2 on page I-30 has been proposed with the following strikethrough on display where the last portion of that policy will be removed. Staff recommends approval of the adoption of the Future Land Use Element with the Wellness Way Goal, Objectives, and Policies through Ordinance 2022-002 with the changes as presented by staff. Mayor Murry opened the public hearing. Jimmy Crawford, 702 W. Montrose, represents Center Lake Properties. Center Lake properties owns the land we know as Center Lake Sand Mine. The owners have been a part of this process off and on since it started. They have owned this property since the early 1950s and has been a sand mind since 1968. They are asking to be excluded from the Wellness Way properties. The property is not adjacent to Wellness Way property; they are surrounded by medium and low density residential and they would have to set aside land for commercial use which they don't believe fits the area with all the residential. The sand mine lease runs until 2067 which is past the planning horizon of what we are doing here so they are asking to be excluded. City Manager Bulthuis asked Richard Levey to come up. This is outside the city limits and staff just learned of this late this afternoon and has not had time to review it. Richard Levey stated that this process started in 2019. The property owners have been involved the entire way so it is difficult to take the positon that they did not have knowledge. There is an important principal in what they are calling Wellness Way North. Because there is no funding mechanism to solve Hartwood Marsh Road, that area was left alone and is subject to the new plan which mimics the County's Land Use Plan that is in place today. This property is not in the city and you are not the right jurisdiction to address this issue. Mayor Murry closed the public hearing. Council Member Bates thanked all involved. We are on the right track and he is in favor of approving. Council Member Purvis asked City Attorney Mantzaris if we move forward and approve with the language suggested what alternative the land owner of the Sand Mine has, if they choose to disagree. City Attorney Mantzaris explained that this is a county controlled piece. They can go back to the county and ask for a Comprehensive Plan change which can be changed any time. Council Member Purvis said he wants to be fair to the landowner. City Attorney Mantzaris stated that jurisdiction is a big issue. Even if this Council were in theory to remove this property. the owner would still have to go back to the county. It can be removed, but he does not believe it will change the concerns of the property owner. Council Member Bates moved to a rove Ordinance 2022-002 Final Wellness Way: Seconded by Council Member Pines. The motion passed by roll call vote 5-0. Council Member Entsuah asked what would happen if the property owner were to go to the County and get it changed by the County. City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 City Manager Bulthuis said it would be dealt with by the City, if they want to be annexed into the City. Thanked everyone for their hard work through this three to four year process. NEW BUSINESS Item No. 11— Board Appointments City Manager Bulthuis reviewed the names of those who applied to serve on the Code Enforcement Board. Staff contacted the applicants requesting they be present tonight. Mayor Murry asked the applicants to come forward and introduce themselves. Paul Duhon, 2375 Lakeview Avenue- comes from a small town where everyone gets involved. He wants to get involved. He plans on staying and raising kids here. Matthew Norton, 126 Orange Avenue- native Floridian who has lived in Clermont for ten years and has two children. He works in Orlando in the residential construction business. He has always been involved in the community he lived in and wants to be involved here. Megan Robinson, 1605 Lake Avenue- wants to be more involved. She has 20 plus years in HR so fairness, consistency, standards and policies are things she has abided by her entire professional life. Dieter Grube, 3612 Briar Run Drive- presently involved in Historic Village and Performing Arts Center. Wants to be more involved in making this a better City. Fran Falcone, 3904 Doune Way- background in Disney and believes in following the rules. She is able to look at the big picture and determine what it is supposed to be. She has lived here for six years and is looking to get more involved. James Johnson, 854 Zeek Ridge Circle - has lived here for 10 years. He has a family and a business here and would love to get involved to help his neighbors. Chuck Forth Jr., 939 W. Desoto Street - stated he is a lineage from some of the first people in Clermont. He has previously been a state certified building inspector, has zoning experience through the City of Orlando; also a Code Enforcement Supervisor. An orderly properly applied code is necessary for this city. Chandra Myers, 1040 Glenraven Lane- she served previously as the Chairperson on the Code Enforcement Board and would like opportunity to serve again. She believes this board is a necessity for the city. Bill Rini, 3919 Scarborough Court- he served previously on the board and would like to serve again. It is challenging, but necessary to listen to people and treat fairly. Beth Walters, 1258 Shorecrest Circle- she is the president of her HOA for the last 6 years and worked with the Code Enforcement. She has lived in Clermont for twenty plus years. She wants to get more involved. Justin Allender, 543 W. Minneola Avenue- has been a resident for 11 years. He wants to enhance the city to make sure standards are maintained. He works for a local community bank. City Attorney Mantzaris reviewed the process of creating a new board. Florida Statutes provides that when possible appointed members fall into one of five categories: architect, business person, general contractor, sub -contractor or realtor. Since it is a new board and all members are being appointed at the same time, the positions are staggered. Identify seats one through seven and assign member to each seat. C. City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 Two of the seats will serve a 1 year term, three of the seats will serve a 2 year term and the two remaining seats will serve a 3 year term. Seats 1 and 2 will serve a 1-year term. Seats 3, 4 and 5 will serve a 2-year term and seats 6 and 7 will serve a 3-year term. The standard will be a 3-year term. City Manager Bulthuis stated the applicants were emailed a questionnaire last week and the responses to those were emailed to Council. The resumes and letters of interest are included in the packet. He provided a map to Council indicating the location of each applicant in order to select members from every area of the city. Council Member Pines suggested that Council allow those who previously applied to the Planning and Zoning Board have first consideration to be appointed to this board. Council Member Purvis agrees with Council Member Pines. At the time of appointments for Planning and Zoning, he told the applicants who were not chosen to keep an open mind and to apply to anything else that might open up. He urged the rest of Council to consider appointing the six applicants who have previously applied for the Planning and Zoning Board. Council Member Bates stated that appointing the previous six applicants would leave one spot to fill. He would like to have someone serving who previously served on the Code Enforcement Board. Mayor Murry expressed that he would like to see someone from every area in the city. Council discussed their decision and determined which members would be assigned to which seat. Seat 1- Matthew Norton —1 year term Seat 2 —Beth Walters — 1 year term Seat 3 —Justin Allender — 2 year term Seat 4 —William Rini — 2 year term Seat 5- Paul Duhon — 2 year term Seat 6 —Dieter Grube — 3 year term Seat 7 —James Johnson — 3 year term Council Member Purvis moved to a rove Matthew Norton and Beth Walters to one year terms Justin Allender William Rini and Paul Duhon to two vear terms and James Johnson and Dieter Grube to three year terms. Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. Mayor Murry recessed the meeting at 7:50pm; the meeting was reconvened at 7:55pm. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 Item No. 12 —Resolution No. 2022-006R, Hyundai -Genesis A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF AN EXISTING AUTOMOBILE DEALERSHIP IN THE PLAZA COLLINA PLANNED UNIT DEVELOPMENT ( RESOLUTION NO 2015-08) ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the resolution into the record by legal title only. Item No. 13 — Variance Request, Hyundai -Genesis Item No. 12 and Item No. 13 were heard concurrently and voted on separately. City Planner Kruse presented the two items and stated they involve the proposed Hyundai -Genesis expansion. The applicant is requesting a Conditional Use Permit (CUP) to allow the expansion of an existing automobile dealership on a vacant three (3) acre +/- parcel. The request would allow the expansion of the Hyundai brand known as Genesis, which provides sales and services of their luxury vehicles at this location. The subject property is located within the Plaza Collina Planned Unit Development and the Future Land Use is Master Planned Development which currently allows two automotive dealerships as a permitted use. Since Genesis is a part of Hyundai this would be an expansion to the existing dealership and not a new project within the Planned Unit Development (PUD). The Hyundai expansion is proposing the construction of a new 18,500 square foot sales and service building, in conjunction with employee and inventory parking for the Genesis vehicle brand. The site development for the project shall be required to comply with the PUD development standards and conditions of approval. The applicant is also requesting a variance to allow a building fagade length greater than 100 feet without any architectural design features or elements to break up the mass building walls as required by the Architectural Design Standards. In May of 2016, City Council approved a similar variance for the existing Hyundai dealership. The new building will be modeled after the existing building. Staff has reviewed the application for the proposed project and recommends approval. The applicant, Jean Abi-Aoun, was present and concurred with staff regarding the expansion. In addition to the Genesis expansion there is another building behind the existing dealership that will serve as a 22 bay service area which they are asking for approval on. With that addition, he asked Council to approve the request and they are available for questions. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 Council Member Purvis stated in full disclosure that he met with the applicant months ago. He inquired about the fagade of the new building. Steve Francis, Hyundai -Genesis, displayed an artist rendering of the new dealership. Mayor Murry met with the applicant over a year ago. Mayor Murry recused himself from the vote. Council Member Pines stated that in the original building they were allowed the same variance. Council Member Bates moved to approve Resolution No.2022-006R, Hyundai -Genesis. Seconded by Council Member Entsuah. Passed 4-0-1 with Mayor Murry abstaining Council Member Bates moved to gayove the Variance Request,_ Hyundai -Genesis. Seconded by Council Member Purvis. Passed 4-0-1 with Mayor Mury, abstainiw, Item No. 14 — Resolution No. 2022-007R, Cube Smart A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF AN EXISTING SELF -STORAGE FACILITY TO ALLOW OUTSIDE STORAGE AND PARKING OF VEHICLES IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; AND PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE, City Clerk Howe read the resolution into the record by legal title only. City Planner Kruse presented the resolution. The applicant is requesting a Conditional Use Permit (CUP) to allow the Phase 2 expansion of an existing self -storage facility previously known as Cube Smart. The proposed expansion to the site would allow for the outside parking and storage of large vehicles, which may include recreational vehicles, boats and other large commercial vehicles. The Land Development Codes requires a Conditional Use Permit (CUP) for any residential self -storage facility including any expansions to the site. The City Council approved in February of 2018, a Conditional Use Permit to allow a self -storage facility with up to 57,000 square feet of floor area. Phase one of the project is complete and open for business. The proposed phase two project area consisting of 2.12 acres of the overall 5.74 acres site. The code requires that any outside storage and display must provide an opaque screen buffer to help minimize the visual impact on surrounding properties. The applicant is proposing an enhanced landscape buffer and to provide an opaque covered canopy screening for the outside parking and vehicle storage on site. All proposed development will be required to comply with Clermont Land Development Regulations and all buildings and structures shall be designed and constructed in accordance to the provision of the Architectural Design Standards. Staff has reviewed the application for the proposed project and recommends approval. City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 The applicant, Tom Skelton from American Civil Engineering Company, concurs with staff recommendations. Mr. Skelton added that they currently have an existing covered area in phase one. The area filled up quickly which is why they are looking to expand. Stated he is available for questions. Council Member Purvis asked if the access will require a new curb cut on Hancock Road. Mr. Skelton stated that the access will be through Trade Avenue. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Bates moved to a : rove Resolution 2022-007R Cubesmart. Seconded by Council Member Pines. Passed unanimous) 5-0 with all members present voicing ai•e. Item No. 15 — Resolution 2022-013R, Litigation Settlement, Land Purchase and Budget Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE GLOBAL SETTLEMENT AGREEMENT BETWEEN VP DEVELOPMENT ENTERPRISES, THE ART DISTRICT, NEXBIZ, LLC AND THE CITY OF CLERMONT RESOLVING ALL CLAIMS MAINTAINED IN THE PENDING LITIGATION BETWEEN VP DEVELOPMENT ENTERPRISES, THE ART DISTRICT AND THE CITY; AUTHORIZING THE PAYMENT OF THREE HUNDRED AND THIRTY THOUSAND DOLLARS $330,000 FROM THE CITY TO VP DEVELOPMENT ENTERPRISES, APPROVING THE COMPLETION BY THE CITY OF CERTAIN SIDEWALK/ACCESS PATH, WATER, SEWER AND STORMWATER IMPROVEMENTS; APPROVING THE PURCHASE OF APPROXIMATELY .856 ACRES OF REAL PROPERTY FROM NEXBIZ, LLC FOR $1,566,000 FOR THE CITY'S INTENDED USE AS A PARKING FACILITY; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AND SALE AGREEMENT THEREFORE; DECLARING APPROXIMATELY .0009 ACRES OF REAL PROPERTY AS SURPLUS PROPERTY AND APPROVING THE TRANSFER THEREOF TO THE ART DISTRICT; AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO EXECUTE ALL DOCUMENTS AND PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO COMPLETE THE TRANSACTIONS; PROVIDING FOR THE ADMINISTRATIVE CORRECTION OF SCRIVINERS ERROR, AND PROVIDING AN EFFECTIVE DATE. City Clerk Howe read the resolution into the record by legal title only. City Manager Bulthuis stated that when he started with the city in December, City Council asked him to look into this issue that had been going on for the past few years. He met with representatives from VP Development and representatives from the Art District. In those meetings and talking with Council, he discovered that all three parties made mistakes and if they were addressed at that time, we would not be in the predicament we are in today. VP Developments goal is to create new and thriving businesses downtown. The Art District built a new building with a new coffee shop and cookie store and a new bar scheduled to open next month. Both parties are good people that would like to invest in the community. Along the way, there were misunderstandings and it became very difficult. The goal is to make downtown a better place to be. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 The other issue is parking. In reviewing the parking study, City Manager Bulthuis noted the second location selected in the parking study was a great location. It is owned by the Art District and has the right to construct commercial buildings on that land. The goals in all of this was to solve the issue of access for VP Development, workout issues with the Art District and make sure that the city could obtain additional parking for downtown. Over the last two months, there have been productive meetings and discussions. In the end, we want to make this a win/win for all parties involved. In doing so, have come to an agreement. The city will get 80 new parking spots for our community in the location that was selected to be the number two spot in downtown. City Manager Bulthuis reviewed the dollar amounts of what the city would pay per spot according to the parking study that was done which equaled $32,000 per spot. With this deal, the total cost of each parking spot comes out to $25,000 which is less than what the city was originally looking at paying. From that perspective, this gets public parking and gives VP Development public access. This is a double win and solves the problems. From a staff perspective, City Manager Bulthuis thanked VP Development and the Art District for their cooperation. He thanked the Council for giving staff the opportunity to work through this. Staff wants to work cooperatively with the Main Street program. It will take a couple of weeks to get land transferred. The city has a cost estimate from our contractor and they can build the parking lot as they are working on 71 Street. That would be an additional 41 spots and tie that into the existing to give us a total of 80 parking spots. Council Member Purvis asked if this settlement will also provide the city with a five foot utility easement. City Manager Bulthuis explained this has been one of the difficulties with utilities in the downtown area. We will obtain a public right of way between the Art District and VP Development to assist with storm water issues. This has opened the door to resolve larger issues. Mayor Murry opened the public hearing. Dani Page, Inside Clermont — expressed concern that the appraisal was done by Andrew Whitaker. Spoke on Florida Statue 166.045, Proposed Purchase of Real Property by Municipalities. City Attorney Mantzaris clarified that Florida Statutes 166.045 deals with procurement of real property by a municipality. If the city enters into an agreement, the appraisal, the offer or the counter offer needs to be in writing. It does not require an appraisal being done. It also provides that if the city uses an appraisal and wants to keep it exempt from public disclosure, there is a process in place. Charlene Forth, 939 W. Desoto Street — stated that the public has the right to know about an appraisal. Vincent Niemic, Regency Hills — spoke about the vote for a parking lot at city hall and asked to reconsider the location of parking lot with this item being approved. Mayor Murry stated they will reconsider it. Mayor Murry closed the public hearing. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2022 Council Member Bates said he did speak to Mr. Bianchi regarding the issue of a five foot sidewalk. It is the best solution to move forward and he is in support of the agreement. Council Member Pines thanked staff and the attorneys involved. Looking forward to a robust downtown. Council Member Purvis stated this has been a long process to get to this point and this is the best solution available. Council Member Entsuah thanked staff and all parties involved. Mayor Murry did meet with Mr. Bianchi and Mr. Stringfellow and noted that everyone had fault on what transpired. Thanked City Manager Bulthuis for stepping in and getting right to work on the issue. Council Member Bates moved to a ) rove Resolution 2022-013R Litigation Settlement Land Purchase and Budget Amendment. Seconded by Council Member Purvis. Passed unanimousli! 5-0 with all memberslyresent voicing ave. City Manager Bulthuis expressed frustration from the public when dealing with a lawsuit. All negotiations are private, there have been executive sessions that are not open to the public. It is not intentional to do anything out of the public eye however we have a legal process to follow. He stated he is available to answer any questions once this is resolved. This was a complicated issue and it took delicate conversations with both parties. We will have a great working relationship moving forward. Thanked Council for the pay adjustment for the non -union employees. Council Member Purvis stated it was a collaborative effort from all involved. ADJOURN: With no further comments, this meeting adjourned at 8:44pm. ATTEST: Tracy Ackroyd Howe, MMC City Clerk 12 APPROVED: Tim Murry, Mayor '- FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—F F B � COU COA�IMIS SION Ate�HORaITY,,ORCOMMITTEE IRSTNA �M_ NAME —MIDDLE NAME..... .. �..� . MAILING ADDRES� THE BOARD, COUNCIL, COMMMSIO HORITY OR COMMITTEE ON v . 5 .�. IT OF: CITY ..�- 0 COUNTY -- T.CnY ❑COUNTY ❑ OTHER LOCAL AGENCY ._ E S NAME OF " _ .��....�.r ......m..�..w &LHICHVOTE_0616URREQrrn POLITICAL SUBDNISION:D MY POSITIONIS. ..DATl ELECTIVE 0 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 (CRAB) 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 813- EFF. 1112013 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 I,� i t—Z- WN hereby disclose that on cA ( 20 ai (a) A measure came or will come before my agency which (check one or more) 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: ` 'ove 0, s^\a\\ i, C'�(\ U Cl.\ bra oA-,�e,�.•c��S. �-� ; csz . cY-r0,&, \xo-x-e— %`n k-jo ft,o.�-; r �a-.�.. n CA -ex fx'cx -t w dv\� ��� 4.c,�--� c� ,�, r �v 3i5 rv.�i,e:cc 50-,N , - `y'Algj \yea on ;.� \ems-a►�o woJ\cL �a.1= L"4A\, ,Jl 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. Date Filed Signature m _. NOTICE: UNDER PROVISIONS OF FLORIDA STAT UTES §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 $10,000. CE FORM 8B - EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.01o(1)(f), F.A.C. 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)(1), 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 I, � V v r c— , hereby disclose that on c� t W L , 20 aj�,; (a) Amemeasure came or will come before my agency which (check one or more) F 1 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: 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. a3 c� w 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 $10,000. CE FORM BB - EFF. 11/2013 PAGE 2 Adopted by reference In Rule 34-7.010(1)(f), F.A.C.