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04.09.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, April 9, 2024 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, Myers and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Kendal Anderson from The Crossing Church gave the invocation. Presentation of Colors by the Sea Cadets, followed by the Pledge of Allegiance. PRESENTATION Michael Steidley, USNSCC Clermont Battalion Commanding Office, provided an overview of the Sea Cadets program. The Clermont Battalion currently has 42 cadets, 17 adult volunteers and has done over 1,200 community service hours. Police Chief Broadway recognized and presented the Meritorious Service Award to Officer Sean Biggs, a volunteer who has made significant contributions. Officer Biggs meets weekly with the Color Guard team and has devoted hours to the youth. Mayor Murry asked Police Chief Broadway to give an update on an incident that occurred the previous week. Police Chief Broadway stated that the incident is an ongoing investigation. He provided a timeline of events that led to a fight between two teenage girls at Waterfront Park. One of the girls was stabbed and then transported to the hospital. Through investigation, they have identified and arrested the suspect. PUBLIC COMMENTS Firouz Farrokh, 3362 Saint Vincent Lane — spoke in opposition to converting the tennis courts to pickleball courts at Felter Park. Carolyn Godwin, Osceola St. - expressed concern regarding recent events in the community. Asked Council to consider better lit walkways in downtown, increased police presence at Waterfront Park, establish a Community Center with resources, install city camera's downtown, and consider a curfew for teenagers. Dani Page, Tuscany Ridge — spoke regarding an article in the Kings Ridge March 2024 publication from a meeting Council Member Gonzalez and City Manager Bulthuis attended. Sharon Keyes, 644 W. Osceola Street - spoke regarding a Community Center at McKinney Park. Shannon Herrera, 265 Giovanni Blvd. - spoke regarding a Community Center at McKinney Park. Linda Killoran, 1536 Sherbrook Drive — spoke in opposition to converting the tennis courts to pickleball courts at Felter Park. Resident, 204 Country Lakes Estates, Groveland — spoke in opposition to converting the tennis courts to pickleball courts at Felter Park. Charlene Forth, 939 W. Desoto Street — expressed concern regarding issues at Victory Pointe. Sophia O'Keefe, 489 W. Minnehaha Avenue — spoke regarding the need for more pickleball courts. City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 Tammy Stockdill, 9407 Lighthouse Court — spoke in favor of tennis and pickleball sharing courts as they have been. City Manager Bulthuis responded to the public comments. He stated that the Kings Ridge Homeowner Association asked himself and Council Member Gonzalez to attend their meeting. Council Members are often invited to speak in the community to provide updates and stay connected. There is vandalism going on at Victory Pointe. We are in the process of installing cameras in the next week or so. The observation tower was built with grant money. If the city were to remove the tower, we would have to reimburse the grant funds. There was a fight that happened at Waterfront Park between two people that do not live in our community. Mayor Murry provided history on the Victory Pointe tower. Spoke about needing more lights along the trail by Waterfront Park. City Manager Bulthuis stated that there could be higher wattage bulbs installed where there are lights at Waterfront Park. Mayor Murry asked City Manager Bulthuis where we are in the bid process for conversion of tennis courts. City Manager Bulthuis stated that Council reviewed this in January and provided a summary of the decisions made. The direction staff received was to move forward with converting the courts however, a contract have been signed yet. It would be up to Council to reconsider. Mayor Murry stated that before Council made their decision, staff researched and there was a workshop. No one came forward about tennis courts at that time. Mayor Murry addressed needing a Community Center. The city owns very little property and to build a Community Center would need a minimum of 10 acres. The city is looking for land to purchase. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 7 - Variance Request, Teamont Boba City Manager Bulthuis informed the Council this is a request to table the item to April 23, 2024. Council Member Pines moved to table item 7. Variance Reauest, Teamont Boba to April 9.2024: seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicins ave. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Dragon Boat Festival this weekend at Waterfront Park. • Saturday, April 20 is Earth Day at Lake Hiawatha Preserve. • Main Street is holding a community meeting tomorrow at the Arts and Recreation Center 4pm to 7pm and requesting community input. City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Myers — • Attended the Legislative breakfast and shared updates she received. • April is the month of Military Children. Council Member Pines — • Attended the Lake County Tourist Development Council meeting. Promoting sporting events in Lake County to attract tourism. All events and tournaments are on their website. Council Member Gonzalez — • Thanked Clermont Police Department for their work with the incident on Friday. • Attended the Legislative update and shared updates he received. Parks and Recreation Director Forman presented a PowerPoint that was provided to Council in January 2024 regarding adding pickleball courts. Reviewed current availability and all the different options. Mr. Forman asked for direction from Council. City Manager Bulthuis stated that currently staff is moving forward unless Council provides a different direction. Council agreed to move forward with converting the courts at Felter Park. Mayor Murry stated that the courts at Hancock Park need borders due to rain. City Manager Bulthuis asked City Attorney Mantzaris to review House Bill 1536 as there is some confusion regarding it. City Attorney Mantzaris said that this is a preemption bill. Most of the confusion is that it is perceived to be something that criminalizes or penalizes people who are unhoused or homeless. The bill is a preemption bill that says that cities and counties in the state cannot authorize or otherwise allow individuals to publicly camp on public property. The bill does not create anything that would allow statutory or state authority to criminally penalize someone that is homeless. It tells cities and counties to have your own laws in place to address this. Our office has coordinated efforts with other city attorneys in Lake County to comply with this law also to make sure we are not crossing over the line. It is unconstitutional to criminalize someone that is homeless. Mayor Murry asked for the definition of homeless according to that statute. City Attorney Mantzaris explained that it does not define homeless. What it stated is that a city cannot authorize or allow a person that is regularly engaged in public camping or sleeping on public property. It then defines public camping or sleeping as lodging or residing overnight in a temporary structure and then goes on to define what a temporary structure is. He explained there are two key elements the city would have to make to enforce this. Make a determination if someone is actually sleeping or camping on public property and then determine if they are regularly engaged in sleeping or camping. City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 City Manager Bulthuis said that being homeless is not against the law. The city does prohibit people from staying overnight in city parks. City Attorney Mantzaris stated that an individual could sue the city and seek an injunction that would force the city to stop the unauthorized camping. The provision in the law states that individual has to give notice to the city, they would tell the city there is a person violating or camping on public property and the city is not doing anything about it. In the event of that happening, the city would notify the Police Department and they would address it. There are protective measures, which the city will follow and should be okay. Police Chief Broadway introduced Corporal Pollen, who oversees the Mobile Crisis Unit, to provide a brief overview of collaborative efforts monitoring homeless population and taking actions. Corporal Pollen provided a history of the Mobile Crisis Unit and the programs within the Clermont Police Department to assist the homeless. He spoke on the partnerships in the community they have to assist them. Provided statistics on the homeless population in Florida and Lake County. Mayor Murry - • Attended the legislative breakfast. • Attended MADD 5K. • Special Election on May 14. • Thanked those who attended the Mayor's lunch last week. • Scheduled to talk to College Park Homeowner Association on Saturday and encouraged Council Members to talk to residents. 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 — Grant Acceptance and Budget Amendment Request Lake Felter Park Lighting Item No. 4 - Piggyback Purchase Police Dept. Consider approval of the March 19, 2024, workshop minutes. Consider declaring end -of -life inventory as surplus from the Public Services Department and provide disposal per the Procurement Policy. Consider acceptance of Energy Efficiency and Conservation Block Grant Program funding and budget amendment for $76,440. Consider purchase approval from the OMNIA Partners contract 4400008468 with Safeware for two (2) police drones in the budgeted amount of $53,126.02. City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 Item No. 5 - Bid Award Consider awarding bid to Social Glass Inc. to Public Services Dept. purchase water well pump motors in the budgeted amount of $58,958. Item No. 6 - Bid Award Consider approval to award term contract to Public Services Dept. Accurate Power Technology, Inc. to provide generator maintenance and repair services. Dani Page pulled Consent Item No. 4 for further discussion. Council Member Pines moved to approve Consent Agenda Items 1-3 and 5-6 as presented: Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicing ave. Item No. 4 — Piggyback Purchase. Police Dept. Ms. Page asked about the policies and procedures or restrictions for the drone flight program. Council Member Pines stated that law enforcement are guided by restrictions. Ms. Page stated that Council must establish appropriate restrictions and policies for drone flights. Also inquired if Council was aware of the Florida Statute regarding searches and seizures using a drone. City Attorney Mantzaris said that the City is aware of the statute and the Police Department will be in compliance. Police Chief Broadway explained that they would meet FFA regulations including Florida law. The Lake County Sheriff's Office and several other agencies have several drones to help reduce prevent and reduce crime. Police Captain Strickland, who is FAA certified, reviewed the uses of the drones. Council Member Pines moved to approve Consent Agenda Item 4 as presented: Seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 7 — This item was addressed earlier and tabled to April 23, 2024. NEW BUSINESS Item No. 8 — Ordinance No. 2024-006, Intro Sundara Eco-Spa Annexation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND IN ACCORDANCE WITH THE INTERLOCAL SERVICE BOUNDRY AGREEMENT DATED DECEMBER 2, 2014; PROVIDING FOR CONFLICT, SERVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 Council Member Pines moved to introduce Ordinance No. 2024-006. Sundara Eco-Sna Annexation; seconded by Council Member Myers. Passed unanimously 4-0 with all members vresent voicing ave. Item No 9. — Ordinance No. 2024-007, Intro Sundara Eco-Spa Comp Plan Amendment AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA. PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Pines moved to introduce Ordinance No. 2024-007. Sundara Eco-Sna ComD Plan Amendment; seconded by Council Member Gonzalez. Passed unanimously_ 4- 0 with all members Dresent voicing ave. Item No. 10 — Ordinance No. 2024-008 Intro Sundara Eco-Spa PUD Rezoning AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA, AMENDING THE OFFICAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 286-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. Council Member Pines moved to introduce Ordinance No. 2024-008. Sundara Eco-SDa PUD Rezoning: seconded by Council Member Gonzalez. Passed unanimously_ 4-0 with all members Dresent voicing ave. Item No. 11 — Ordinance No. 2024-014 Intro LDC Amendment AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 125 ZONING; REPEALING SECTION 125- 375 DENSITY; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINSTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2024 Council Member Pines moved to introduce Ordinance No. 2024-014. LDC Amendment. seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicine ave. ADJOURN: With no further comments, this meeting adjourned at 8:53 pm. APPROVED: Tim Murry,Zor ATTEST: Tracy Ackroyd Howe, MMC City Clerk