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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. 4 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 11 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. 8 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