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04.25.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, April 25, 2023 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Gonzalez, Entsuah, Pines and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Dustin Todd, Real Life Christian Church, gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Diane Kornegay, Lake County School District Superintendent introduced Marc Dodd, Lake County School Board District 3, Kelly Randall, Executive Director of Growth Planning and Scott Voytko, Principal of Aurelia Cole Academy. Ms. Randall stated that Aurelia Cole Academy is on track for completion by June 1 and will be ready to open on the first day of school, August 10. Clermont Elementary will be closing at the end of this school year and will be repurposed as the Lincoln Park Education Center. The plan is to have the high school portion of the education center open within a year. An update was given on the traffic pattern for Aurelia Cole. The bus loop will be on East Avenue at the old parking lot by the auditorium and the parent pick up and drop off will be off Pitt Street. The parent drop off will be designed to stack 200 vehicles on property to alleviate any back up on the surrounding streets. Mayor Murry invited the public to ask questions. There were no comments. Mr. Voytko said that Aurelia Cole Academy will be one of the most innovative schools in the state of Florida. The school colors are amethyst and pearl mixed with grey, white and black. There will be a graphic wall dedicated to the City of Clermont and previous schools of Clermont. Mr. Voytko spoke about the electives the school will offer, all grades will start at the same time and that they expect 1,400 students to be enrolled next year. Mr. Dodd thanked Council for the opportunity for the City and School Board to work together. Ms. Kornegay gave an update on the vision for the Lincoln Park Education Center. The project is a joint effort between Lake County Schools, Lake -Sumter State College and Lake Technical College to help students who are not interested in a traditional school program. The idea came about after the pandemic on a way to have flexible programs for high school students who work or have sports commitments. Students will be able to forego electives and dual enroll in college to take workforce education programs. Discussion was had regarding social media in the schools. Cuqui Whitehead, 700 Hooks Street questioned if Aurelia Cole Academy will have resource officers. There will be two officers assigned. Commissioner Parks. Lake Countv Board of Countv Commissioners Dist. 2 Commissioner Parks was not able to attend the meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 Police Officer Annual Awards Presentation and New Chaplain Swearing -In Chief Broadway stated that the Clermont Police Department is comprised of the finest and most professional and dedicated officers and support staff. Chief Broadway and Deputy Chief Graczyk presented the following awards. Citizen of the year for 2022 went to Justin Nichols, Marketing Director of Chick Fil A for his involvement with the community, Police Department and multiple organizations. Civilian employee of the year went to Rachel Maves who has made a significant impact in the overall operations and efficiency of the Police Department property evidence section as well as Crime Scene Investigations. Officer of the year was presented to Officer Anthony Burgos for being extremely proactive in looking for and locating dangerous narcotics in an effort to keep the citizens of Clermont safe. Sargent Mark Marshall received the award for Supervisor of the Year. Sargent Marshall is a visionary and leader within the department and constantly looks for ways to improve. Chief presented Detective Uziel Dubie with the second highest award in the agency, Medal of Honor. On August 5, 2022 Officer Dubie was called to a scene with an active shooter. Detective Dubie returned fire striking the subject and ending the deadly threat. City Manager Bulthuis stated that he was so proud of all of our officers. Chief Broadway announced that every three years there is an assessment of the Police Department for accreditation. The department received the accreditation and will formally receive it in June. Chief Broadway administered the Oath of Office to new Chaplain James Pagan. PROCLAMATION City Clerk Howe read a proclamation recognizing Occupational Health and Safety Week Mayor Murry presented the proclamation to Hemant Hariprashad, City of Clermont Wellness Coordinator. PUBLIC COMMENTS Bonnie Kurowski, 3033 Santa Maria Avenue - spoke about hate groups and online bullying. William Morris, 9226 Ivywood Street — expressed concern regarding the new management of the downtown Farmers Market and the new rules. City Manager Bulthuis explained that the Farmers Market is not a city run event, Main Street is the company who runs it. Staff has spoken to Main Street and there are some new rules that have been set in place. Council Member Purvis asked staff for a report at the second meeting in May regarding the Farmers Market and the rules. Brian Punch, Lakeshore Drive between East Ave and Hooks Street — concerned with speeding on his street and asking for stop signs and speed bumps. Jessica Morris, 9226 Ivywood Street - expressed concern regarding downtown Farmers Market. Cuqui Whitehead, 700 Hooks Street — commented on speeding on Lakeshore Drive. Charlene Forth, 939 W. Desoto Street — spoke on transparency of Council. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 Banks Helfrick, 9800 Sams Lake Road — spoke on sustainable farming. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • May 9, 2023 City Council Meeting has been canceled. • Attended Earth Day event. • May 4, 2023 will be the graduation night for the Citizens Academy. Fire Chief Ezell introduced the new Assistant Chief of Operations Kevin Hoey. City Manager Bulthuis informed Council of a letter his office received last week from Lake County regarding participating in the Lake County Community Development Block Grant Program for Fiscal Years 2023, 2024 and 2025. This item was not placed on the agenda due to the agenda publication deadline. Mr. Bulthuis presented this to Council as the County needs a response by May 15, 2023. Staff drafted a resolution for the City to participate in the program and recommended approval. Resolution No. 2023-017R A RESOLUTION OF THE CITY OF CLERMONT, FLORIDA, PERTAINING TO THE URBAN COUNTY COOPERATION AGREEMENT RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR APPROVAL OF AGREEMENT AND AUTHORIZATION TO EXECUTE; PROVIDING FOR THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. There was discussion regarding participating with the county versus going directly to the state. Mayor Murry opened public hearing. Charlene Forth, 939 W. Desoto Street - inquired as to how this item can be heard and voted on if it was not advertised. City Attorney Mantzaris stated the resolution and inter local agreement does not require advertising. Council Member Purvis moved to approve Resolution No. 2023-017R: Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicing aye. CITY ATTORNEY REPORT City Attorney Mantzaris — • Reviewed dates for Ethics Training. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 CITY COUNCIL REPORT Council Member Purvis — • Will be attending the Metropolitan Planning Organization (MPO) meeting tomorrow. Council Member Entsuah — • Thanked everyone that attended the Special Olympics torch run. Council Member Pines — No report. Council Member Gonzalez — • Welcomed Assistant Chief of Operations Hoey. • Commented on doing a ride along with the Police Department. • Toured the new Encompass Health Rehabilitation Center. • Attended Veteran's event at the VFW. Mayor Murry — • Congratulations to all officers receiving awards. • Citizens Academy is a great program. • Attended Earth Day event. • The Mayor's luncheon will be next Tuesday at Corelli's. • Clermont High School reunion is coming up. 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 — Bid Award and Budget Amendment Item No. 3 — Resolution No. 2023-016R Charlene Forth pulled Item No. 2 for further discussion. Consider approval of the March 28, 2023 Council Meeting Minutes. Consider bid award to APC Roofing, LLC to provide roof repair at the historic village in the amount of $74,125. Consider approval of Fiscal Year 2023 Budget Amendment to the General Fund, Water Fund, Recreation Impact Fund, Police Impact Fund, Fire Impact Fund, Water Impact Fund and Sewer Impact Funds. Council Member Purvis moved to approve Consent Agenda Items 1 and 3. Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. Charlene Forth, 939 W. Desoto Street — what it costing $74,000.00. Mayor Murry stated that it is for two separate roofs. City Manager Bulthuis explained the bid process. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 Ms. Forth vocally put in a public records request for all supporting information on this agenda item. Council Member Purvis moved to approve Consent Agenda Item 2; Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. UNFINISHED BUSINESS Item No. 4 — Lien Forgiveness Request, 775 E. Juniata Street City Manager Bulthuis stated this item was previously before Council. The applicant was asked to return with the purchasers of the property before making a decision to forgive the lien. Lorain Ortega, Broker, was in attendance on behalf of the purchasers of the property. The purchaser would like to build a single family home on the property and sent an offer with a condition for liens to be removed. They reviewed the history of the property, the current owners purchase price and the owners expense to clean up the property. The lien is from the previous owner and the current owner did not check on liens prior to purchasing the property. Council gave their opinions on what they feel should be forgiven and what they are comfortable reducing the fine to. Council ultimately compromised and decided on moving forward with a fee of $750.00 Council Member Purvis moved to accept the lien fee of $750.00 to be paid by June 25,2023 or reverts back to original amount, Seconded by Council Member Gonzalez. Passed 4-1 with Council Member Pines onyosing_ Item No. 5 — Variance Request, 987 W. Magnolia Street - This item was withdrawn. Item No. 6 — Ordinance No. 2023-014, Council Terms and Term Limits, Final AN ORDINANCE AMENDING ARTICLE II, SECTION 6, "THE COUNCIL" OF THE CHARTER LAWS OF THE CITY OF CLERMONT, PROVIDING THAT THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 1, 3 AND 5 IN NOVEMBER 2024 SHALL BE FOUR (4) YEARS; THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 2 AND 4 ELECTED IN 2025 SHALL BE FOR ONE YEAR (1) AND THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 2 AND 4 IN NOVEMBER 2026 SHALL BE FOR FOUR (4) YEARS; PROVIDING THAT A COUNCIL MEMBER SHALL NOT BE ELECTED FOR MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS; PROVIDING FOR A REFERENDUM ON THIS AMENDMENT; PROVIDING FOR THE TITLE AND EXPLANATORY STATEMENT FOR THE BALLOT FOR THE AMENDMENT; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY AND CONFLICT AND PROVIDING AN EFFECTIVE DATE FOR THE AMENDMENTS. City Clerk Howe read the title aloud. City Manager Bulthuis stated that approving the Ordinance would place a question on the ballot during the November election regarding changing the terms council serves. The change would mean four year terms and would eliminate the elections in the odd years which would be a cost savings to the city. This would also change to three consecutive terms. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — not supportive of this Ordinance. Ross Hutto, 326 W. Osceola Street — in support of the term limits. Katherine Falcon, 280 Edgewood Drive — in support due to lower voter turnout on odd years and a cost saver. Otis Taylor, 3686 Caladesi Road — supports four year terms as it saves money. Mayor Murry closed the public hearing. Council discussed their views on the term limits and any issues they had regarding the length of time Council Members can serve. Council Member Purvis moved to approve Ordinance No. 2023-014, Seconded by Council Member Entsuah. The motion passed by roll call vote 3-2 with Council Members Entsuah and Pines opposing_ Item No. 7 — Ordinance No. 2023-016, Watercraft Rentals, Final AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 70, WATERWAYS, ARTICLE III, REGULATIONS FOR PERSONAL WATERCRAFTS, SECTION 70-56, "REQUIREMENTS FOR WATERCRAFT RENTAL BUSINESSES"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. Parks and Recreation Director Foreman presented the item and stated that the Ordinance was to change the time allowed for stacking at the boat ramp from 1 hour to 2 hours. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed public hearing. Council Member Purvis advised this matter had been vetted and discussed prior to this meeting. The intent is to alleviate congestion of boat trailers on busy days and weekends. Council Member Entsuah moved to approve Ordinance No. 2023-016, Seconded by Council Member Pines. The motion passed by roll call vote 5-0. Item No. 8 — Variance Request, 1676 Bowman Street Development Services Director Henschel presented the variance request. The applicant is requesting a variance to allow for the existing driveway to be extended beyond the code requirements for single-family residential driveway standards. The construction details for a residential driveway to off street parking may not be greater than 30-feet wide, with driveway apron flares not exceeding the 36-feet for residential lots over 60 feet in width. The applicant is requesting a driveway that is 36 feet. The parcel zoning is R-1 A Low Density Residential and the land use is Low Density Residential. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 Staff has reviewed the application and finds the concrete apron expansion would be out of character to the surrounding properties and not in conformance with development criteria and standards established for residential subdivisions. 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 all of the five review criteria. Therefore, staff recommends denial of the variance request. The applicant, Dustin Funk stated that the purpose of expanding the apron is to improve safety and accessibility of the property. The streets are narrow and it will make it easier to get in and out of the property. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez moved to approve the variance request: Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. Item No. 9 — Variance Request, South Lake Hospital Development Services Planner Kruse presented the variance request. The applicant is requesting the following variance to the Land Development Code Section 102-15: To allow the number of ground signs to exceed the maximum permitted by the Land Development Code. The request for the wall banner sign has been withdrawn. The request is only for ground signs. The property is located at 1900 Don Wickham Drive. The property zoning is Planned Unit Development (PUD) and the Land Use is Institutional. The South Lake Hospital was founded in 1947 and continues to grow and expand healthcare services to the Clermont and south Lake County communities. The variance would allow for the approval of the Orlando Health, South Lake Sign Plan, prepared by GAI Consultants, dated February 2023, and submitted with this variance application. This document shall be the template for the Master Sign Plan. The variance request would allow for a campus wide comprehensive sign plan for the entire medical facility. The overall signage would include ground signs to identify and provide information for safety awareness on the campus. The purpose is to simplify the pedestrian movement throughout the 200 acre property. The request for additional signage would be in direct proportion to other medical facilities of this size and magnitude. Section 86-174 of the Land Development Code requires a positive finding on the Review Criteria and Findings in order to grant a variance. Staff has reviewed the application with the banner request removed and finds the application does meet a positive finding for the requested ground signs. Staff recommends approval of the variance request to allow for the number of ground, directional and building signs to exceed the maximum allowed and as presented with the Master Sign Plan. Andrew McCown, GAI Consultants, was present on behalf of Orlando Health. Mr. McCown stated that representatives from the hospital were in attendance if there were any questions. As stated previously, the request for the wall banner sign was withdrawn and they are in agreement with staff findings. Mayor Murry opened the public hearing. Otis Taylor, 3686 Caladesi Road — in support of more signage. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 Mayor Murry closed the public hearing. It was clarified that the signage council was approving is for a Master Plan for the whole campus. City Manager Bulthuis asked for an update on the construction at the Hospital. Council Member Purvis moved to approve the variance request as modified, Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. Mr. Sewell, President, South Lake Hospital gave an update on the hospital and stated they are hoping to open January 26, 2024. Item No. 10 — Board Appointment City Manager Bulthuis stated that the Code Enforcement Board had one vacancy and named the applicants, Patricia Woodhouse, Frances Falcone, Nilsa Whitehead, John Martin and Ross Hutto. The applicants were welcomed to introduce themselves to council. Council Member Purvis stated that Mr. Martin could not attend tonight. Nilsa (Cuqui) Whitehead, 700 Hooks Street — has been a resident of Clermont for 42 years. She gave an overview of all the boards and committees she has served on and wants to help the community. Frances Falcone, 3904 Doune Way — resident of Clermont for 7 years. She lives in Kings Ridge and is a board member of her neighborhood board, also and usher at Clermont Preforming Arts Center. She would like to be more involved. Ross Hutto, 326 W. Osceola Street — has lived in Clermont since 2020 and has been in Law Enforcement since 2007. City Manager Bulthuis and City Attorney Mantzaris stated there is a conflict of interest with Mr. Hutto. He currently serves on the Police Pension Board, with that he is not able to serve on the Code Enforcement Board and the Police Pension Board at the same time as they both have final authority. With Mr. Hutto being a Law Enforcement Officer he would never be able to serve on Code Enforcement Board because that would be dual office holding. Council Member Purvis spoke on behalf of John Martin. He was a former Orange County Commissioner and has a depth of understanding and knowledge that would help with the Code Enforcement Board. Council Member Purvis nominated John Martin to fill the vacant seat on the Code Enforcement Board. Discussion was had on when Mr. Martin served on the Planning and Zoning Board. Seconded by Council Member Gonzalez. Council Member Entsuah spoke on his feelings regarding nominating individuals without prior service to the city. It is refreshing to see people who have not previously served. Council Member Entsuah nominated Frances Falcone to fill the vacant seat on the Code Enforcement Board. Motion died for the lack of a second. Passed unanimously 5-0 with all members present voicing aye. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2023 ADJOURN: With no further comments, this meeting adjourned at 9:39pm. ATT ST: Tracy Ackroyd Howe, MMC City Clerk VP AFT Aot APPROVED: -t— Tim Murry, Ma r �J