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10.22.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, October 22, 2024 at 6:30pm 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, Howard, Myers and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Murry asked for a moment of silence in honor of former Mayor Gail Ash who passed away on October 18, 2024. Police Chaplain Dawn Carter gave the invocation, followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Murry presented a proclamation for National American Indian Heritage Month to Susan DeHart, Jane Daruso and Stacy Reimer. Jane Daruso thanked the Council for the proclamation. PUBLIC COMMENTS Dani Page, Tuscany Ridge — spoke regarding Sunshine Law, candidate forums and candidate mailers. Paula Hoisington, 564 Desoto Street - inquired on the state of the construction on the Desoto property. Development Services Director Henschel stated that the permits will expire soon and they will go through the Code Enforcement process and will be presented to the Code Enforcement Board next month. City Attorney Mantzaris explained the process and stated that he will work with staff on expediting the process. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 32 — Resolution No. 2024-02111, US Highway 27 Self -Storage & Car Wash CUP City Manager Bulthuis informed the Council this item has been withdrawn. Item No. 33 — Variance Request,1149 W. Montrose Street City Manager Bulthuis informed the Council this item has been withdrawn. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • City offices closed November 11 for Veterans Day. • Police Department along with Parks and Recreation have Halloween on the Trail on October 29. • Taste of South Lake on November 7. • Thanked city staff for work during the hurricane. • Lake County opened a FEMA site at Lake Sumter State College in Leesburg. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 FEMA will be at the Clermont City Center on Sunday, 2 p.m. to 5 p.m. for any business or resident needing assistance. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Gonzalez — • Thanked staff for their hard work. • Attended Clermont Police Department Citizens Academy graduation. Council Member Howard — Attended a briefing on Florida Department of Law Enforcement activity regarding sunshine issues. Met with Commissioner Sean Parks, Senator Baxley, and Representative Yarkosky in an effort to restore confidence in the budgeting process and requested an audit of Clermont. The water has crested; Lake Louisa is dropping a half inch daily. The levels should be back to normal in four to six weeks. Council Member Myers — • Attended Clermont Police Department Citizens Academy graduation. • The Fire Department will install smoke detectors at no charge. • October is Breast Cancer awareness month. Council Member Pines — Thanked city staff and public works for all of their work done for the citizens of Clermont prior, during, and after the hurricane. Mayor Murry — • Attended Clermont Police Department Citizens Academy graduation. • Another Citizens Academy began last week. • Spoke on the state of Emerald Lakes. • Mayor's luncheon will be November 5 at Robata. • Three Olympic athletes were at the city on Saturday. Eight Olympians live in Clermont. • Veterans Day parade on November 11. 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 Consider approval of the Sept. 17, 2024 Workshop; Sept. 24, 2024 Meeting; and Sept. 30, 2024 Final Budget Public Hearing minutes. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 2 — Legislative Priorities Consider approval of the City of Clermont legislative priorities list. Item No. 3 — Plat Approval Wellness Ridge Phase 3 Item No. 4 — Surplus Request Item No. 5 — Resolution No. 2024-037R Item No. 6 — Firefighter Pension Board Appointment Consider approval of Wellness Ridge Phase 3 plat consisting of 196 residential lots within Wellness Way. Consider declaring end -of -life inventory as surplus from the City Clerk, Building Services and Police Department and providing disposal per the Procurement Policy. Consider Boat Ramp Daily Parking Fee Adjustment from $5 to $6 per day. Consider board appointment to the pension board. Item No. 7 — School Resource Officer Agreement Consider the Lake County School Board for Year 2024-2025 agreement for the SRO Program from August 12, 2024, through May 29, 2025. Item No. 8 — Imagine Charter School Resource Officer Agreement for Year 2024-2025 Consider the Education Charter Foundation agreement for the SRO Program from August 12, 2024 through May 29, 2025. Item No. 9 — Contract Amendment with Budget Consider approval of a contract amendment Amendment between the City of Clermont and Stryker Stryker Agreement Sales, LLC to implement a City-wide AED program. Item No. 10 — Interlocal Agreement Amendment Consider First Amendment approval where all parties will contribute to a consultant for the oversight of the South Lake Regional Technical Advisory Committee and including the Town of Howey-In-The-Hills. Item No. 11 — Interlocal Agreement Amendment Consider Second Amendment between the Cities of Clermont, Groveland, Mascotte, Minneola, and Sunshine Water Services Company (f/k/a Utilities Inc. of Florida) by including the Town of Howey-In-The-Hills for regional water supply planning and strategies. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 12 - Assignment of Easement Rights Item No. 13 - SECO Energy Easement Item No. 14 - Piggyback Term Contract Fire Station Alerting and Dispatch Automation System Item No. 15 - Piggyback Purchase Approval Public Services Ford Trucks Item No. 16 - Piggyback Purchase Approval City Hall Carpet Installation Item No. 17 - Piggyback Purchase Public Services F450 Truck Item No. 18 - Piggyback Purchase Public Services Cargo Van Item No. 19 - Piggyback Purchase Approval Fire Truck 4 Consider Assignment of Easement Rights approval to allow city -owned facilities to be relocated out of conflict with the Hartwood Marsh Road widening project. Consider approval of Non -Exclusive Utility Easement to be located at the Wastewater Treatment Plant. Consider approval to piggyback the Lee County term contract number RFP230172CJV with Honeywell International, Inc. in the budgeted amount of $248,000. Consider approval to purchase from the State of Florida contract number 25101600-21-STC with Step One Automotive FD CW, LLC to purchase four (4) Ford F 150 trucks for the budgeted amount of $160,824. Consider approval to purchase from the State of Florida contract number 30161700-24- SRCWL-ACS with Mohawk Carpet Distribution, LLC to install new carpet in City Hall in the budgeted amount of $206,592.81. Consider approval to purchase from the State of Florida contract number 25101600-21-STC with Step One Automotive FD CW, LLC to purchase a Ford F450 for the budgeted amount of $76,373. Consider approval to purchase from the Sourcewell contract number 091521-NAF with Alan Jay Fleet Sales to purchase a Ram Promaster Cargo Van for the budgeted amount of $117,415. Consider approval to purchase from Sourcewell, a nationwide cooperative contract, number 113021 with Ten-8 Fire & Safety, LLC. for a pumper truck in the budgeted amount of $931,479. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 20 — Piggyback Term Contract Disaster Recovery Consultant Services — FEMA Item No. 21— Sole Source Purchase Body Worn Cameras Item No. 22 — Sole Source Dave Symonds and Associates Item No. 23 — Fiscal Year Road Maintenance Program Item No. 24 — Sips and Salsa 2025 Event and Open Container Request Consider approval to piggyback the Seminole County term contract number RFP-604605- 23/LAS with Carlisle Thompson, LLC to provide debris monitoring consultation services. Consider a single/sole source purchase from Metrix Solutions to acquire BodyWorn Cameras in the total budgeted amount of $65,475. Consider approval of a single/sole source purchase from Dave Symonds and Associates to acquire Augagold corrosion control chemical products. Consider approval of the 2025 Fiscal Year Road Maintenance Program. Consider approval for "Clermont Sips & Salsa" on September 13, 2025, at Waterfront Park. Item No. 25 — Red White & Boom Event 2025, Consider City event request and open container Fireworks, and Open Container Request area at Waterfront Park between 3rd Street and 4th Street on July 4, 2025 from 5:00 PM to 9:30 PM. Item No. 26 — Clermont Main Street 2025 Request Consider approval of their 2025 season of events and road closures for all events up to October 22, 2025. Item No. 27 - Clermont Caribbean Jerk Festival Consider approval of CAALC to have an open Event 2025 — Open Container, Sign Request, and container area for their event on June 7, 2025, Boat Ramp Closure Request at Waterfront Park, and signs to promote the event, and the boat ramp closure request. Item No. 28 — Light Up Clermont Road Closure Consider road closure updates for the Light Up Updates Clermont event hosted annually on Friday, December 6, 2024. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 29 — Event, Open Container and Road Consider allowing Suncreek Brewery to host Closure Request event in downtown Clermont with street Irish Fest 2025 closures and open container allowance. Item No. 30 — Sommer Sports 2025 Events Request and Boat Ramp Closure Item No. 31 — Martin Luther King, Jr. Day Event and Parade Request. Consider approval of Sommer Sports 2025 season, open container allowance, and waive all associated ground fees, road closure for two events, and partial day closure of the boat ramp for two events. Consider approval of the event, with road closures (parade), and signs placed on City property on January 20, 2025 at McKinney Park and continuing to Waterfront Park. Charlene Forth pulled Consent Agenda Items 15, 16 and 17. Vincent Niemiec pulled Consent Agenda Items 16 and 19. Paula Hoisington pulled Consent Agenda Items 2, 7, 10, 25, 27, 29 and 30. Council Member Howard pulled Consent Agenda Items 2, 3, 19, 27 and 30. Council Member Howard moved to annrove the Consent Agenda excludint items 2.3.7. 10.15.16.17.19.25.27.29 and 30: seconded by Council Member Myers. Passed unanimously 5-0 with all members Dresent voicin¢ ave. Item No. 2 — Legislative Priorities Council Member Howard feels there should have been a workshop to determine what Council deems as legislative priorities. There needs to be a discussion regarding downtown parking, storm water recapture in Wellness Way, a data collection device in Lake Louisa, Live Local Act, Fire Station in Wellness Way, and the prospect of a gunsmithing program in conjunction with Lake Tech. He would like to table this item to the next meeting to allow Council to have a workshop. Mayor Murry said that there is not a workshop scheduled before the next Council meeting. City Manager Bulthuis stated that the deadline to submit the legislative priorities is late November. There was discussion on the list provided along with local legislative support. Council agreed to a workshop on October 29, 2024 at 2:00 PM to discuss further. Council Member Howard moved to table Legislative Priorities to November 12. 2024. seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicinLy ave. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 3 — Plat Approval, Wellness Ridge Phase 3 Council Member Howard said he would not support projects in Wellness Way without storm water recapture for irrigation purposes. Council Member Pines inquired on the repercussions of not approving the item. City Attorney Mantzaris stated that this item is to determine if the plat has met the requirements of the entitlement for the project. This is a perfunctory approval; city staff reviews and determines that it meets the entitlement and follows approval. City Manager Bulthuis explained that Wellness Ridge is currently using potable water from the city. City Manager Mantzaris said that he would look into the agreement with Wellness Ridge regarding water use to see if there are other avenues for recapture/reclaim water. Council Member Pines moved to approve Item 3. Plat Annroval: seconded by Council Member Gonzalez. Passed 3-2 with Council Member Howard and Council Member Mvers opposing. Item No. 7 — School Resource Officer Agreement for Year 2024-2025 City Manager Bulthuis stated that this is the School Resource Officer Agreement with Lake County for them to pay for four Clermont Police Officers at Lake County schools around Clermont. Council Member Howard moved to annrove Consent Al enda Item 7. School Resource Officer Agreement for Year 2024-2025: seconded by Council Member Gonzalez. Passed unanimouslv 5-0 with all members present voicing ave. Item No. 10 — Interlocal Agreement Amendment Paula Hoisington, 564 Desoto Street - inquired on the functionality of the committee. The consultant's functionality and success measurement along with payment. City Attorney Mantzaris clarified that the item before Council is an amendment to add Howey in the Hills to the Interlocal Agreement. Council Member Pines stated that each entity in the agreement pays $5,000 annually for the consultant. Public Services Deputy Director VanDever explained that the committee is a group of surrounding cities that meet every other month to get direction on initiatives, challenges, collaborate with other cities, and work together with the state on regulations and rules as things change. City Attorney Mantzaris stated that the original agreement identified certain projects for the consultant to work on. Success is measured on the project list and what was accomplished. He would provide a copy of the original agreement and project list. Council Member Pines moved to approve Consent Aeenda Item 7. School Resource Officer Agreement for Year 2024-2025: seconded by Council Member Gonzalez. Passed unanimouslv 5-0 with all members present voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 15 — Piggyback Purchase Approval, Public Services Ford Trucks Charlene Forth, 939 W. Desoto — requested clarification on the use of the vehicles. Public Services Assistant Director Maiworm explained the four vehicles are replacement vehicles for older vehicles in the fleet. Each year the department looks at all vehicles and merge repair cost, mileage, and age to come up with what vehicles need replacing. These vehicles are not take home vehicles. Council Member Pines moved to annrove Consent Agenda Item 15. Public Services Ford Trucks; seconded by Council Member Gonzalez. Passed unanimouslv 5-0 with all members Dresent voicing ave. Item No.16 — Piggyback Purchase Approval, City Hall Carpet Installation Charlene Forth, 939 W. Desoto — requested clarification on replacement of the carpet. City Manager Bulthuis explained that the carpet would be replaced throughout all of City Hall and is original to when the building was built in 2003, over twenty years ago. Council Member Gonzalez moved to approve Consent Agenda Item 16. City Hall Camet Installation; seconded by Council Member Pines. Passed unanimouslv 5-0 with all members Dresent voicing ave. Item No. 17 — Piggyback Purchase, Public Services F450 Truck Charlene Forth, 939 W. Desoto — requested clarification on the purpose of the vehicle. Public Services Assistant Director Maiworm stated that this vehicle is for joint use between Public Services and Police Department. The Police Department have heavy load barricades that require a heavy-duty vehicle to transport; this vehicle was built to be a fully functioning vehicle for Public Services when not in use by the Police Department. Council Member Pines moved to approve Consent Agenda Item 17. Public Services F450 Truck; seconded by Council Member Mvers. Passed unanimously_ 5-0 with all members Dresent voicing ave. Item No. 18 — Piggyback Purchase, Public Services Cargo Van Charlene Forth, 939 W. Desoto — requested clarification on the purpose of the vehicle. Public Services Assistant Director Maiworm explained that the vehicle is a cargo van with a man lift on the rear. This will assist public services employees with such tasks as placing holiday lights downtown as they are currently using ladders. This item approved with the original approval of Consent Agenda items. Item No. 19 — Piggyback Purchase Approval, Fire Truck Council Member Howard would like to table this item to January as he is in discussions that may have a positive impact on this budget item. Fire Chief Ezell stated that the main factor of approving now is a price increase, which in previous years have gone up by five percent. If we wait until January, the cost of the fire truck will be higher. Vincent Niemiec, Regency Hills — inquired on this truck being a replacement or new to the fleet. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Fire Chief Ezell stated that this truck is part of the twenty-year replacement plan. This is a replacement truck and the old truck will go into reserve to replace the truck in reserve. Discussion ensued on the contract and cancellation clause for the fire truck. Council Member Pines moved to approve Item 19. Pieevback Purchase Annroval. Fire Truck: seconded by Council Member Mvers. Passed 4-1 with Council Member Howard opposing. Item No. 25 — Red White & Boom Event 2025, Fireworks, and Open Container Request Paula Hoisington, 564 Desoto Street — spoke about the open container portion of the item. She expressed concern regarding intoxicated citizens and encouraging alcohol consumption. City Manager Bulthuis stated that the vendors selling alcohol are required to have the proper permits. City Attorney Mantzaris explained that all events have to submit paperwork showing insurance and naming the City as an additional insured. Vendors are also required to have a special license from the State. Council Member Howard moved to annrove Consent Agenda Item 25. Red White & Boom Event 2025. Fireworks. and Oren Container Reauest: seconded by Council Member Gonzalez. Passed unanimouslv 5-0 with all members present voicing ave. Item No. 27 - Clermont Caribbean Jerk Festival Event 2025 — Open Container, Sign Request, and Boat Ramp Closure Request Council Member Howard stated that he is not in support of summertime closures of the boat ramp. The closures have a negative impact on the businesses on the lake. Ginger Howard, 1986 Brantley Circle — expressed her concern with closing the boat ramp for any events. Maritza Rivera, MARS event management — representing the Caribbean Association. This is the twelfth year at Waterfront Park. Prior to the boat ramp, this area was a parking lot, which this event used for parking spaces. Requested consideration for this event. Alison Strange, 1120 Lakeshore Drive — expressed the need for Council to have a workshop regarding events, parking for events and using Victory Pointe. Mr. Thompson, 3212 Sonesta Court — the closure of the boat ramp is to use the parking for the large event. All parking at the schools and downtown are utilized. Christopher Barrett, 2785 Falcon Ridge Rd. — spoke in favor of the boat ramp closure. Charlene Forth, 939 W. Desoto St. — requested the boat ramp remain open during the event. Shelly Linder, Sommer Sports — boat ramp closure during certain events is for safety. Council Member Pines asked staff how many days per year the boat ramp is closed for events. Parks and Recreation Director Forman reviewed boat ramp closures in 2024. Mayor Murry stated that prior to the boat ramp there were 150 parking spaces for Waterfront Park. He is in support of closing the boat ramp for the event. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Discussion ensued on the statistics of the boat ramp closures, the challenges for the event as well as the Police Department if the boat ramp remains open and finding alternative parking solutions for future events. Council Member Gonzalez moved to annrove Item No. 27. Clermont Caribbean Jerk Festival Event 2025 — ODen Container. Sian Reauest, and Boat Ramn Closure Reauest: seconded by Council Member Pines. Passed 4-1 with Council Member Howard oDDosin¢. Item No. 29 — Event, Open Container and Road Closure Request, Irish Fest 2025 Council Member Howard moved to annrove Consent Aeenda Item No. 29. Event. Onen Container and Road Closure Reauest. Irish Fest 2025: seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members Dresent voicing ave. Item No. 30 — Sommer Sports 2025 Events Request and Boat Ramp Closure Council Member Howard requested to table this item to December 10 for Council Member Pines to speak with the Tourist Development Council at their meeting on October 30 to request the Lake County Board of County Commissioners sponsor this group of events, up to $100,000.00. That would allow the city to collect the fees and costs for Police, Fire and Facilities. Mayor Murry opened the floor for public comments. Shelly Linder, Sommer Sports — stated that Sommer Sports pays for all Fire and Police at events. The city sponsors the venues. Discussion ensued on bringing Tourist Development Council dollars back to Clermont and tabling this item to ask for the sponsorship from the Lake County Board of County Commissioners before approved. Alison Strange, 2350 Legends Way — Believes tabling the item provides a better opportunity to be awarded the sponsorship. If approved tonight, the city will not get the sponsorship. Council discussed how the Tourist Development Council looks at events, needing to have a discussion with Sommer Sports on their statistics and the schedule of events that are included in this item. Deputy City Manager Davidoff explained the community partnership with Sommer Sports and The Spring Games and Pig on the Pond. Grounds fees and tent permit fees are waived from the city. Council Member Howard moved to table Item No. 30. Sommer Snorts 2025 Events Reauest, and Boat RamD Closure to December 10. 2024: seconded bv_ Council Member Mvers. Passed unanimouslv 5-0 with all members Dresent voicine ave. UNFINISHED BUSINESS Item No. 32 — This item has been withdrawn. Item No. 33 — This item has been withdrawn. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 NEW BUSINESS Item No. 34 — Variance Request, Ashley Furniture Development Services Planner Kruse presented the variance request. The applicant, Ashley Furniture Store, is requesting a sign variance to allow for two wall signs to be greater than the total allowable copy area. The new 55,000 square foot store will be constructed at the intersection of Magnolia Point Blvd. and State Road 50. The applicant is requesting two 300 square foot signs, one on the north wall facade and the other on the west wall facade that will provide a total of 600 square feet of building signage for the one retail store. The request to allow two 300 square feet building signs may be considered as excessive and out of character with other wall signs located within the Master Development Plan. The applicant is able to place two wall signs of 200 square feet each on the north and west facade. The increase over the 200 square feet is triggering the variance request. Section 101-246 of the Land Development Code requires a positive finding in the review criteria and findings in order to grant a variance. Staff reviewed the application as presented and finds the application does not meet a positive finding. Therefore, staff recommends denial of the requested variance to the Land Development Code. Kevin Letch, The Sembler Company, was present on behalf of Ashley Furniture. The building faces west with the north side facing State Road 50. Requesting the variance based on visibility, the topography makes it difficult to see the site until you are there. The top of the building is visible as you approach which is the cause for asking for the 300-foot sign on the building. Mayor Murry opened the public hearing. Vincent Niemiec, Regency Hills — spoke in opposition of the variance. Mayor Murry closed the public hearing. Discussion ensued regarding their entitlement to signage and other sign variances in the area. Mayor Murry stated the he is not in support of the variance. . Council Member Howard stated that he would support the variance if there were no other signs on the building. Council Member Pines stated her support. Mr. Letch stated that they are only proposing the two signs. Applicant agrees to Councils suggestion of only having the two signs. Council Member Pines moved to annrove Variance Reauest. Ashlev Furniture 300-foot sign on the front. and 200-foot sign on the side and no other signage on the building_ seconded by Council Member Mvers. Passed 4-1 with Mavor Murry onnosine. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Item No. 35 — Ordinance No. 2024-030, Old Hwy 50 Property Annexation Intro AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; 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. 2024-030.Old Hwv 50 Pronertv Annexation Intro: seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members Dresent voicine ave. Item No. 36 — Ordinance No. 2024-032, Old Hwy 50 Property Rezoning Intro 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. Council Member Pines moved to introduce Ordinance No. 2024-032.Old Hwv 50 ProDertv Rezoning Intro. seconded by Council Member Mvers. Passed unanimously 5-0 with all members Dresent voicine ave. Item No. 37 — Ordinance No. 2024-041, Land -Bridge Annexation Intro AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Gonzalez requested that staff present this item. Development Services Director Henschel presented the item. The applicant, Southern Citrus Groves LLC, is requesting annexation of 449 acres located off County Road 561, 2.5 miles south of State Road 50 and 12th Street. The applicant desires to develop the site for a residential subdivision. The property is currently unimproved and is located in the Green Swamp Area of Critical State Concern. The property is located in the Joint Planning Area with Lake County but not within the Interlocal Service Boundary Agreement. Currently, there is no availability of City water and/or sewer west of the City Limits at the Palatlakaha Bridge. The City is not anticipating bringing service over or under the Palatlakaha River at this time. The developer would be required to complete all necessary infrastructure to serve the project and be fully funded by the developer, if the property were annexed. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 The subject property proposed for annexation does not meet the minimum requirements of law that a substantial portion of its boundaries is not contiguous to the city. The applicant states there is a small portion of the property contiguous to the city by connection to Lake Minnehaha. Additionally, the Interlocal Service Boundary Agreement with Lake County requires County approval of annexation outside of the Interlocal Service Boundary Agreement area. The subject property is located outside of the Interlocal Service Boundary Agreement area. For these reasons staff is recommending denial of the annexation request. City Manager Bulthuis explained that this property is outside of the Interlocal Service Boundary Agreement area. The county would have to consent to the city annexing the property. If Council approves the annexation, it would have to go before the Lake County Board of County Commissioners for approval. City Attorney Mantzaris clarified that if Lake County does not approve the annexation then it does not move forward. The city does not recommend Council take final action on the annexation until Lake County has consented. Council taking action prior to Lake County would be a breach of the Interlocal Service Boundary Agreement. Saxon Evans was present representing Southern Citrus Groves, LLC. The property has been in the Joint Planning Area since 2007 for future growth of the city. The project has the ability to provide their own water and sewer, which could be dedicated to the city. This would not be a high -density development. The applicant had gone to Lake County and suggested to come before the city first. The impression was that the decision to allow the annexation would not go before the Lake County Board of County Commissioners but be an administrative decision. The property borders the City of Groveland to the west and they have extended their water and sewer to the property line. This property is surrounded on all sides by city or private water and sewer. City Attorney Mantzaris explained that the Interlocal Service Boundary Agreement is an approved agreement and the city would not accept a staff recommendation from Lake County as complying with the terms of the agreement. The agreement is between City Council and the Board of County Commissioners and they would have the right of approval or denial. City Manager Bulthuis stated that the city provides water and sewer within the city limits and the developers take on the expense to run the lines. He also spoke about city services such as police and fire and stretching the city's resources if annexation occurs. Discussion ensued on the density on the proposed property, definition of contiguous, the properties location, and land use in that area. City Attorney Mantzaris stated that the only continuity is one piece of the property that comes out and touches Lake Minnehaha; otherwise, the property is surrounded by unincorporated Lake County. The law speaks about a substantial part of a boundary, the applicants position is the small edge of property that touches the lake is the boundary that is contiguous to the city. The small part of the property that touches would not constitute as a substantial part. Council Member Howard expressed that he would not be in support of annexation. Mr. Evans requested to table the item to give the attorneys from each side time to discuss the annexation. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 Mr. Evans spoke about a property that the City of Groveland annexed with the same portion size of that property being contiguous as well as the Joint Planning Area Agreement. Council Member Pines and Council Member Myers stated they were not in support of the annexation. Council Member Howard moved to denv Ordinance No. 2024-041. Land -Bridge Annexation Introduction; seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. Item No. 38 — Ordinance No. 2024-042, Bradshaw Road ROW Vacation Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF NORTH BRADSHAW ROAD (MAINTAINED CLAY ROAD) AND AN UNNAMED 30 FOOT PLATTED RIGHT-OF-WAY, ACCORDING TO THE PLAT OF MONTE VISTA PARK FARMS, RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Pines moved to introduce Ordinance No. 2024-042. Bradshaw Road Right of Wav Vacation Introduction; seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicing ave. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2024 ADJOURN: With no further comments, this meeting adjourned at 9:26pm. :;L: Tracy Ackroyd Kowe, MMC City Clerk 15 APPROVED: t_ Q Tim Murry, Mayor A