12.13.2022 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
CALL TO ORDER
The City Council met in a regular meeting on Tuesday, December 13, 2022 in the Clermont City Council
Chambers. Mayor Murry called the meeting to order at 6:30 pm with the following Council Members
present: Council Members Gonzalez, Pines, Entsuah, 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 given by Police Chaplain Pete Rodriguez followed by the Pledge of Allegiance.
AGENDA CHANGES
City Manager Bulthuis informed the Council of the following agenda change:
Item No. 19 — Ordinance No. 2022-033, Clonts Property Rezoning
Ordinance No. 2022-033, Clonts Property 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, PUBLICATION
AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
City Manager Bulthuis informed the Council this is a request to table the item to January 10, 2023.
Council Member Entsuah moved to table Ordinance No. 2022-033 to January 10, 2023,
Seconded by Council Member Pines. Passed unanimously 5-0 with all members present
voicing aye.
PUBLIC COMMENTS
Richard Ruck, 135 Carroll Street — Spoke regarding his pending code enforcement case and how property
lines and setbacks are determined.
City Attorney Mantzaris stated that the initial code enforcement process was started and referred to a
January hearing date. The hearing can be postponed to provide time to review the code regarding front and
rear yard setbacks and determine if the code should be revised.
REPORTS
LAKE COUNTY COMMISSIONER PARKS —
Commissioner Parks spoke about the last Board of County Commissioners meeting where the state of the
county address was given and Ms. Micki Blackburn was inducted into the Women's Hall of Fame.
Celebrated the opening of the Route 55, South Lake Express bus. There was discussion regarding the Lynx
system throughout Lake County.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
The Lake County Planning initiative kicked off with an update on the county wide planning process. There
will be local meetings with East Central Florida Regional Planning Council to create a joint planning
agreement and county wide conservation strategies.
On January 24, the Board of County Commissioners will discuss transportation impact fees. There are
currently 4 districts and may increase to 5 districts. The fees collected in each district will specifically fund
that district. A decision will be made to either keep the same, lower, or raise the fees to collect within our
district. In order to raise to the maximum allowed fees, there will need to be a super majority vote.
City Manager Bulthuis stated that the City Managers and Mayors in the South Lake District met and are
working on a Resolution in support of raising the transportation impact fees.
Commissioner Parks talked about ARPA funding regarding the septic to sewer conversion and the TDC
funds and asked Council to consider projects the city would like to request funding towards. Discussion
was had regarding the resurfacing on Hancock Road and other roads to be resurfaced.
Council Member Pines spoke about conservation strategies and the effect if any on the new Wellness Way
Comprehensive Plan. There has not been any meetings recently regarding that. Commissioner Parks
assured that he will keep Council updated and involved.
CITY MANAGER REPORT
City Manager Bulthuis —
• Reminded everyone that this is the last meeting of the year. The next meeting is January 10, 2023.
• The city is updating the comprehensive plan and working with East Central Florida Regional
Planning Council (ECFRPC). There will be a joint workshop with ECFRPC on January 17, 2023
and all are encouraged to attend.
• City of Clermont will be closed Friday, December 23 and 26 and January 2 in observance of the
holidays.
• Chamber After Hours will be downtown on December 15.
• Clermont wine stroll on December 16.
• Thanked Council, staff and the public for all the great events this year.
Fire Chief Ezell stated that the department is going through their accreditation cycle and the site review
team was on site to verify and validate documentation to demonstrate they are a credible Fire Department.
The team interviewed staff and the process went well. They have recommended Clermont Fire Department
for reaccreditation. Chief thanked council for their support.
CITY ATTORNEY REPORT
City Attorney Mantzaris — No report.
CITY COUNCIL REPORT
Council Member Gonzalez —
• Attended Florida League of Cities conference in Orlando; next month will be attending a training
for new elected officials.
• Thanked Parks and Recreation for the events; attended the employee breakfast; also attended
Enchanted Forest.
• Congratulations to the Fire Department on reaccreditation.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
Council Member Purvis —
• Attended the last Metropolitan Planning Organization (MPO) meeting for 2022.
• Attended the holiday events in the city and thanked staff.
Council Member Entsuah —
• Attended the holiday events in the city and thanked staff.
Council Member Pines —
• Attended the holiday events in the city and thanked staff.
Mayor Murry —
• Thanked staff for all the letters from Santa, over 1,600 letters have been sent out to children.
• Attended the Lake County League of Cities meeting luncheon.
• Congratulated Micki Blackburn on being inducted into the Women's Hall of Fame.
• Listed some of the new Lake Express Bus route stops.
• Attended the holiday events in the city and thanked staff.
• Mayor's lunch next month will be the first Tuesday in January at Cheeser's at 12:00 PM.
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 - Council Meeting Minutes
Item No. 2 - Council Meeting Calendar
Item No. 3 - Surplus Request
Item No. 4 - Grant Acceptance
Item No. 5 - Right to Entry Agreement
Consider approval of the October 25,
2022, November 8, 2022 and
November 29, 2022 meeting minutes.
Consider the 2023 meeting calendar.
Consider declaring surplus from
Information Technology, City Clerk,
Finance, Building Services, and
Procurement Services equipment that
has reached end of life and dispose of
in accordance with the Purchasing
Policy.
Consider grant award agreement for
Vaccine and Testing assistance during
COVID-19 with the State of Florida,
Division of Emergency Management as
the pass through entity for a Federal
Award in the estimated amount of
$170,000.
Consider agreement through Orange
County Consery II property to access a
wetland monitoring well.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
Item No. 6 - Contract Amendment
Consider amendments to annual term
contracts that have exceeded or may
exceed $50,000 on an annual basis.
Item No. 7 - Interlocal Agreement Amendment
Consider agreement amendment with
Lake County for consulting services for
Wellness Way, previously approved on
October 11, 2022.
Item No. 8 - Resolution No. 2022-018R
Consider amending the cemetery rules
and regulations and fee adjustment.
Item No. 9 - Resolution No. 2022-042R
Consider Building Services permit fee
schedule adjustment based on new fee
study.
Item No. 10 -Resolution No. 2022-046R
Consider amending the Parks and
Recreation fee schedule to include fees
for the Community Garden.
Item No. 11 - Bid Award for Auto Body Repair
Consider the award and approval of a
Services
term contract with Rachel's Collision
Center, LLC. to provide auto body
repair services for the estimated annual
amount of $60,000.
Item No. 12 - Piggyback City of Plantation
Consider piggyback contract with
Contract
Allied Universal Corporation to
provide delivery of sodium
hypochlorite.
Item No. 13 - Piggyback Lake County Contract
Consider the piggyback contract with
Bayse Supply Company to provide
janitorial supplies.
Item No. 14 - Piggyback Sourcewell Cooperative Consider Sourcewell Cooperative
contract piggybacking contract with Jack
Doheny Companies, Inc. to acquire
one, two -ton, hot box transporter for
road maintenance for the budgeted
amount of $53,777.30.
Item No. 15 - Piggyback City of Boynton Beach Consider piggyback contracts with
Contracts Fortline, Inc. d/b/a Fortline
Waterworks to supply pipe and brass
fittings and accessories.
Item No. 16 - Piggyback NASPO Contract Consider the piggyback contract with
Bridgestone America Tire Operation,
LLC to provide tires, tubes, and
services.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
Item No. 17 - Piggyback NASPO Contract
Item No. 18 - Piggyback NASPO Contract
Consider the piggyback contract with
Konica Minolta Business Solutions
U.S.A., Inc. to provide copiers and
managed print services.
Consider the piggyback contract with
Goodyear Tire & Rubber Company to
provide tires, tubes, and services.
Council Member Pines moved to approve the consent agenda items 1 -18. Seconded by
Council Member Entsuah.
Council Member Entsuah inquired if the grant amount was consistent with that of the surrounding
cities. City Manager Bulthuis explained that the amount was a reimbursement for the funds the
city expended and he is not aware of the amount other cities spent on programs.
Passed unanimously 5-0 with all members present voicing aye.
Item No. 19 — Ordinance No. 2022-033, Clonts Property Rezoning
This item was addressed earlier in the meeting and tabled to the January 10, 2023 meeting.
NEW BUSINESS
Item No. 20 — Variance Request, 1875 Johnson Drive
Development Services Planner Kruse presented the variance request. The property owner is requesting a
variance to the Land Development Code (LDC), Section 122- 105, for property located at 1875 Johnson
Drive. The variance request is to allow for a rear yard setback of 12 feet instead of 25 feet as required by
the Land Development Code. The property is zoned R-1-A, Single Family Low Density Residential. The
property is developed with a single family home that was constructed in 1976. The property is irregularly
shaped and has 2 road frontages that require larger setbacks on the lot. The front of the house faces Johnson
Drive and the side of the house is towards Lakeshore Drive.
The owner is requesting a variance to allow for the construction of a new two -car garage adjacent to the
home. The proposed garage will be 30 feet by 30 feet and will not be attached to the home. The existing
garage in the home will be converted into a handicap accessible bedroom and bathroom for the owner's
elderly parent. The proposed garage will encroach thirteen (13) feet into the 25 feet rear yard setback, in
which the corner of the garage will be 12 feet from the rear property line. The garage will be constructed
matching the home's architectural features and materials. The garage addition does not appear to be out of
character with the surrounding properties since a majority of the homes on Johnson Drive have garages that
are accessed from the front and have a minimum nine -foot side yard setback.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
A letter of support for the variance request was received from the property owner at 990 Lakeshore Drive
directly across the street on the corner of Johnson and Lakeshore.
Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to
grant a variance. Staff has reviewed the application as submitted and finds the application does not meet a
positive finding on one of the five criteria. Therefore, staff recommends denial of the variance request.
The applicant, Mr. Eric Engelmann stated that the changes are so he can move his elderly mother into his
home. The size of the garage is to accommodate storage space as well as for vehicles. He asked Council
to consider his request.
Mayor Murry opened the public hearing.
Mr. Bisaillon, 960 Johnson Drive — In support of the request.
Mayor Murry closed public hearing.
Discussion ensued regarding support of the request. Council Member Purvis is not in support and spoke
about compromise. This is an irregular shaped lot and due to that, the property has double frontage.
Council Member Entsuah moved to approve the Variance Request; Seconded by Council
Member Pines. The motion passed 4-1 with Council Member Purvis opposing_
Item No. 21— Resolution No. 2022-044R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
FLORIDA, APPROVING THE ISSUANCE BY THE ORANGE COUNTY HEALTH
FACILITIES AUTHORITY OF ITS HOSPITAL REVENUE BONDS (ORLANDO
HEALTH OBLIGATED GROUP) IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED [$175,000,000], WITH RESPECT TO HEALTHCARE FACILITIES IN
CLERMONT, FLORIDA, IN ONE OR MORE SERIES OVER THE LONGEST PERIOD
PERMITTED BY LAW, FOR THE BENEFIT OF SOUTH LAKE HOSPITAL, INC., A
FLORIDA NOT -FOR -PROFIT CORPORATION; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Cortez Whatley, Manager, Local Government Affairs & Public Policy for Orlando Health presented the
request. Mr. Whatley provided an explanation of the Resolution and that it provides for approval by the
Clermont City Council for federal income tax purposes of the issuance of a tax exempt bond by the Orange
County Health Facilities Authority. Since South Lake Hospital is the facility to receive the proceeds, which
is located in Clermont, it is a requirement to obtain approval from the local jurisdiction prior to taking the
request to Orange County Authority. Mr. Whatley stated the bonds will be special limited obligations of
the Orange County Authority payable solely from the revenues generated by South Lake Hospital, Inc.
Clermont will have no obligations or liability with respect to the bonds. South Lake Hospital, Inc. agreed
to indemnify the City for any claims related to the funding and Clermont's bond rating and future bonding
capacity will not be negatively impacted by this transaction.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
Council Member Purvis motioned to accept Resolution No. 2022-044R as presented;
Seconded by Council Member Gonzalez.
Council Member Entsuah inquired about including Lake County in the approval process. Mr. Whatley
explained they only need approval from the local jurisdiction which is the City of Clermont since the
hospital is within the city limits.
Passed unanimously 5-0 with all members present voicing awe.
Item No. 22 — Board Appointments
Mayor Murry thanked all of the applicants for applying to serve on the Planning and Zoning Board.
Applicants will introduce themselves, then each Council Member will nominate one individual to serve on
the Board. City Manager Bulthuis asked all applicants to come forward and introduce themselves to
Council.
Dieter Grube, 3612 Briar Run Drive - lived all over the world, came to Clermont 12 years ago and decided
this was where he wanted to be. Treasurer of the Historic Village and also serves on the Code Enforcement
Board.
Council Member Entsuah inquired about being on multiple boards at one time. An individual on certain
other boards would have to resign from their current board if they were chosen to be on the Planning and
Zoning Board.
Matthew Norton, 126 Orange Avenue - native Floridian who has lived in Clermont for ten years. Current
member of the Code Enforcement Board. Background in economics and regional planning.
Bryan Bain — moved to Clermont 3 years ago. Served as an elected member of Council in previous state.
Katherine Falcon, 280 Edgewood Drive — grew up in Clermont and witnessed the growth. Understands the
importance of growth, there must be a balance between growth and infrastructure and services. Over 30
years' experience as a school administrator.
Ariel Guerrero, 203 Pleasant Hill Drive — moved to Clermont in 2014. Has experience with government
and federal contracts. He understands the need for growth.
Mayor Murry asked Mr. Guerrero if he has Pension Board experience. Mr. Guerrero acknowledged his
experience.
Domingo Fornoles, 585 Drew Avenue - resident of Clermont for 17 years and has seen a lot of growth.
Architect with 25 years' experience, has done master planning for Recreations Centers, Police Stations and
Fire Stations. Mr. Fornoles feels he can provide valuable insight.
Chandra L. Myers, 1040 Glenraven Lane — lived in Clermont since 2004. Volunteered with Girl Scouts,
military support groups and previously chaired the Code Enforcement Board.
Vincent Niemiec, 4569 Barrister Drive — currently serves on the Planning and Zoning Board and requests
reappointment. Also serves on the MPO Advisory Committee. He remarked on doing onsite visits when he
receives the agenda for the meetings.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
Max Krzyminski, 3497 Embers Lane — requests reappointment to the Planning and Zoning Board. Works
in commercial real estate. The current board is diverse and currently serves as chairman of the board. He
has not missed a meeting since being appointed.
Mayor Murry asked each Council Member to appoint an individual to one of the openings.
Council Member Purvis nominated Vincent Niemiec for the 1 year term.
Council Member Entsuah nominated Max Krzyminski for a 2 year term.
Council Member Gonzalez nominated Ariel Guerrero for a 2 year term.
Council Member Pines nominated Dieter Grube for a 2 year term.
Mayor Murry nominated Matthew Norton for 2 year term.
Council Member Gonzalez motioned to approve the five nominated Planning and Zoning
members as stated: Seconded by Council Member Purvis. Passed unanimously 5-0 with all
members present voicing ave.
Mayor Murry encouraged the other applicants to keep their applications on file. City Manager Bulthuis
thanked all the applicants and stated that there are vacancies on the Code Enforcement Board, Fire Fighters
Pension Board and Police Pension Board. Staff will reach out to all applicants to see if there is interest in
serving on the other boards.
The city will be updating the Comprehensive Plan and will be seeking community involvement. Holding
a meeting with East Central Florida Regional Planning Council on January 17, 2023 to review the process
and discuss community involvement needed.
Item No. 23 — Ordinance No. 2023-001, Transmittal Evaluation & Appraisal
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT
PERTAINING TO 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
THE EVALUATION AND APPRAISAL REPORT; SETTING FORTH THE
AUTHORITY FOR ADOPTION OF THE EVALUATION AND APPRAISAL REPORT;
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 title aloud.
Development Services Planner Kruse presented the item. Local governments are required to undergo an
Evaluation and Appraisal Review (EAR) of the Comprehensive Plan every seven years pursuant to Section
163.3191, Florida Statutes.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
December 13, 2022
The purpose of this evaluation is to analyze the Comprehensive Plan Goals, Objectives, and Policies to
ensure compliance with changes in state law and local conditions. The analysis includes proposed
amendments which are considered EAR -based amendments, and data reflecting changes in local conditions.
In 2023, the City intends to begin the process of updating the entire Comprehensive Plan and Land
Development Code to include extensive public engagement. The EAR -based amendments provide a starting
point for this process.
On October 25, 2021, the City notified the Department of Economic Opportunity (DEO) that they would
undergo amendments to the Comprehensive Plan in order to address changes in statutory compliance, and
to complete the next required evaluation and appraisal cycle. The East Central Florida Regional Planning
Council (ECFRPC) was contracted to provide their expertise and resources to complete this task with City
staff assistance. A review of legislative changes and local conditions resulted in proposed amendments to
the Future Land Use, Housing, Transportation, and Capital Improvements Elements. The Public Facilities
School Element is no longer required and will be removed, due to an interlocal agreement with the school
board. The remaining elements contain no EAR -based amendments. References to Chapter 9J-5, Florida
Administrative Code were removed due to its 2011 repeal. The recommended modifications have been
listed in the EAR report. Staff recommends transmittal of the EAR to the Department of Economic
Opportunity and other state agencies for review and comment. The Planning and Zoning Commission
recommended approval, 5-0.
Michelle Morrison with the East Central Florida Regional Planning Council is present to address any
questions you may have, as well.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing.
Council Member Purvis motioned to transmit Ordinance No. 2023-001 as presented:
Seconded by Council Member Pines. Passed unanimously 5-0 with all members present
voicing�aye.
ADJOURN: With no further comments, this meeting adjourned at 8:32 pm.
APPROVED:
^J
Tim Murry, Ma
ATTEST:
acy Ackroy4mowe, MMC
City Clerk