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HomeMy WebLinkAbout09.09.2025 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 CALL TO ORDER The City Council met in a regular meeting on Tuesday, September 9, 2025, at 3:00 pm in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 3:00 pm with the following Council Members present: Council Members Strange, Howard, Myers and Petersen. Other City officials present were City Manager Van Wagner, Deputy City Manager Matthys, City Attorney Waugh, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplain James Pagan gave the invocation, followed by the Pledge of Allegiance. PRESENTATIONS Mayor Murry presented the Procurement Services Department with the Achievement of Excellence in Procurement Award from the National Procurement Institute. PUBLIC COMMENT Charlene Forth, 939 W. Desoto Street — spoke about meeting times and the consent agenda. Joe Fumasi, 2693Jumping Jack Way — spoke about the Wellness Way area including a Fire Station, businesses in the area, reclaimed water and dump trucks on Schofield Road. Banks Helfrich, 9600 Sams Lake Road — spoke about service to others. Council Member Myers requested to speak before Mayor Murry moves on to the agenda items. Mayor Murry stated that she can speak during her report at the end of the meeting. Council Member Strange motioned to provide three minutes to Council Member Myers speak, seconded by Council Member Howard. Motion passed 4-1 with Mayor Murry opposed. Council Member Myers apologized for raising her voice at the last meeting. She emphasized the need for mutual respect among council members, proper conduct from the public, and proposed appointing a parliamentarian to help keep meetings orderly and efficient. AGENDA CHANGES No changes to the agenda. 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 — Bid Award Consider approval to award Term Contract to Emergency Tub Grinding Services Southeast Mowing, LLC, TFR Enterprises, Inc., Tree cycle Land Clearing, Inc., and WLW Construction, Inc., to provide emergency tub grinding services. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 Item No. 2 — Bid Award Athletic Field Maintenance Item No. 3 — Piggyback Term Contract Construction and Industrial Equipment Rental Item No. 4 — Piggyback Term Contract Construction and Industrial Equipment Rental Item No. 5 — Piggyback Term Contract Equipment Rental and Related Services Item No. 6 — Piggyback Term Contract Equipment Rental and Related Services Item No. 7 — Open Container Request Clermont Jerk Festival Item No. 8 — Event and Road Closure Request Clermont Main Street Item No. 9 — Event and Road Closure Request Light Up Clermont 2025 Item No. 10 — Employee Benefit Renewal and Changes N Consider approval to award a Term Contract to Get green Lawn Services, Inc. to provide athletic field maintenance. Consider approval to piggyback the State of Florida, Department of Management Services Term Contract No. 22100000-21-STC with Beard Equipment Company to provide construction and industrial equipment rental. Consider approval to piggyback the State of Florida, Department of Management Services Term Contract No. 22100000-21-STC with Ring Power Corporation to provide construction and industrial equipment rental services. Consider approval to piggyback the Source well Term Contract No. 040924-URI with United Rentals (North America), Inc. to provide equipment rental and related services. Consider approval to piggyback the Source well Term Contract No. 040924-SNB with Sunbelt Rentals, Inc. to provide equipment rental and related services. Consider approval of the Caribbean American Association of Lake County to have an open container area for their event on June 6, 2026, at Waterfront Park. Consider approval of 2025 events and road closures: Harvest Fest on Oct. 25; Haunted House on Oct. 30—Nov. 1; and Hometown Holidays on Nov. 22. Consider approval of road closures in downtown Clermont on December 5, 2025. Consider approval of the employee group medical, dental, vision plan, life and disability renewal and changes effective January 1, 2026. City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 Item No. 11— Development Agreement Consider approval of a development agreement Integra with PRM Clermont/Wellness Way Owner, LLC. Item No.12 — Elevations Approval Twistee Treat Item No. 13 — Resolution No. 2025-033R Opposition to SB 180 Item No. 14 — Resolution No. 2025-034R Permitting Site Visits Item No. 15 — Resolution No. 2025-035R Banking Services Agreement Consider architectural elevations for Lot 3 of the Magnolia Pointe Center. Consider approval to request the Florida Legislature substantively repeal or amend SB 180 in its entirety. Consider adopting procedures for ex-parte investigations by City Council and Planning and Zoning Commission members for quasi-judicial matters. Consider authorization to establish a Custodial Account for Investment Funds with TD Bank. Item No. 16 — Resolution No. 2025-036R Consider approval of adjustments to the city's Wastewater Bulk Rate Adjustment intergovernmental wholesale rate for wastewater services. Council Member Strange Motioned to approve Consent Agenda items 1-16; amendment to item 2 to permit staff to use any company that met the RFQ criteria for facility maintenance services; seconded by Council Member Howard. Mayor Murry requested to pull item 2 and inquired if the item went out to bid. Procurement Director Suarez confirmed that the item did go out for bid. Mayor Murry stated that staff should reopen the bid process or eliminate the bid process altogether if council is not going to follow procedure. Council Member Howard called for the question. City Attorney Waugh explained that a motion would be out of order for item 2 if the item was pulled. Council Member Strange motioned to approve Consent Agenda items 1 and 3-16, seconded by Council Member Myers. Motion passed unanimously 5-0. Item No. 2 — Bid Award, Athletic Field Maintenance Mayor Murry felt the whole process needed to be reopened and stipulated the number of respondents the city would choose. Council Member Howard motioned to approve Item 2 allowing the use of any competent bidder; seconded by Council Member Strange. Motion passed 4-1 with Mayor Murry opposed. City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 Item No. 17 — Ordinance No. 2025-021, ProActive Auto Annexation Final 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 ordinance title aloud. Development Services Planner Gonzalez presented the item. The applicant, ProActive Custom Auto Land Trust, is requesting annexation of the subject property. The property is located at 13550 Granville Avenue, east of Granville Avenue and south of State Road 50 and is approximately 2.35 Acres. The property meets the requirements for consideration of annexation under Florida Statues 171.044 by adjacent to the current city limits. The property is currently used as an Auto Repair Shop and has plans for expansion. Since the property meets the requirements under Florida Statutes 171.044 for annexation, the property can be served by the City of Clermont for services, and the property of land is contiguous with the current city limits on the north and east property boundary. Staff will be bringing the SSCPA and Rezoning to Council soon. Staff recommends approval of Ordinance 2025-021. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard motioned to approve Item No. 17 Ordinance No. 2025-021, ProActive Auto Annexation: Seconded by Council Member Myers. The motion passed by roll call vote 5-0 with all members present voicing aye. Item No. 18 — Ordinance No. 2025-006, Time Limit for Commencing Construction Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 101, "GENERAL AND ADMINISTRATIVE PROVISIONS", ARTICLE III "ORDERS AND PERMITS", DIVISION 3 "CONDITIONAL USE PERMITS", SECTION 101-216 "TIME LIMIT FOR COMMENCING CONSTRUCTION", PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance title aloud. Development Services Director Henschel presented the item. Earlier this year this Land Development Regulation amendment was heard by council and tabled for additional language to be added. Under the current Land Development Regulations, the time limit to start construction has been ambiguous without a definitive, measurable task. The addition of language that documents an inspection within the building permit process captures progress with a measurable date. Language is being added to state "physical construction" would, at a minimum, include a completed and approved building inspection. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 This is a realistic time within two years of an approved development in order to move a project forward. Staff supported the requested change. The Planning and Zoning Commission recommended approval 6-0. Mayor Murry opened the public hearing. Marty Proctor, 18225 Rose Street, Groveland — suggested allowing more time for nonprofits to complete projects, since many are facing funding delays and lack the resources developers have. Charlene Forth, 939 W. Desoto Street — questioned the reason for Council Member Petersen voting remotely while not physically present. City Attorney Waugh addressed Ms. Forth's comment and stated that Florida law allows remote participation if a quorum is physically present. Ms. Forth asked to be provided information Mr. Waugh referred to regarding remote participation. Mayor Murry closed the public hearing. Council Member Howard motioned to approve Item No. 18 Ordinance No. 2025-006, Time Limit for Commencing Construction: Seconded by Council Member Myers. The motion passed by roll call vote 5-0 with all members present voicing aye. NEW BUSINESS Item No. 19 — Ordinance No. 2025-033, Police Officers Retirement Pension Plan Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT; LAKE COUNTY, FLORIDA, AMENDING THE CITY OF CLERMONT POLICE OFFICERS RETIREMENT PLAN AT CHAPTER 28, ARTICLE III; AMENDING SECTION 28-59, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 28-60, CONTRIBUTIONS; AMENDING SECTION 28-62, PRE -RETIREMENT DEATH; AMENDING SECTION 28-71, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 28-84, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance title aloud. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard motioned to introduce Item No. 19 Ordinance No. 2025-033, Police Officers Retirement Pension Plan: seconded by Council Member Myers. Motion passed unanimously 5-0. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 Item No. 20 — Ordinance No. 2025-032, LDC Amendment Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 117-12 (b)(6), "HEIGHT AND SETBACKS", SECTION 125-522 (a) "GENERAL DEVELOPMENT CONDITIONS", PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance title aloud. Mayor Murry opened the public hearing. Charlene Forth 939 W Desoto Street — expressed the need for a height limit. Mayor Murry closed the public hearing. Council Member Howard stated that the flag is capped at 55 feet. He fully supports the item, calling it a patriotic display and a fair way to allow flag displays. Council Member Strange suggested a few amendments for consistency with current code: raising the height limit in section B6 from 30 to 55 feet, adding the word "solely" to ensure only American flags are considered under a specific rule, and requested a legal opinion on whether subsection C is necessary. City Attorney Waugh explained that it is up to the council to decide what is necessary but noted that during the Planning and Zoning Commission meeting, there was discussion about subsection C possibly not applying to commercial areas. He suggested it may not align with what the council intended for the ordinance. Council Member Petersen stated his support for the ordinance. Council Member Myers expressed support and said there needs to be an engineering report submitted to ensure the pole can safely support the flag and will not fall. She also stated that all laws related to properly honoring the flag should be followed. Mayor Murry was against changing the ordinance. He worried that the new rules do not set clear height limits and could let people put up tall flagpoles, even in neighborhoods. City Attorney Waugh clarified that the original draft of the ordinance references a 30-foot height limit for flagpoles; however, Section 117-7, Subsection 14 of the existing code establishes a maximum flagpole height of 55 feet, which may not exceed 10 feet above the height of any primary structure. To ensure consistency between the drafts, the height limit should be revised to 55 feet. Additionally, the current draft appears to permit other flags to be flown on the pole, provided the American flag is displayed at the top in accordance with the flag code. However, the proposed amendment from Council Member Strange would restrict exempt poles to displaying only the American flag. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 Council discussed making sure the flagpole height limit is 55 feet instead of 30 to match existing rules. There was discussion about whether only the American flag should be allowed on certain poles and concerns about legal issues if the rules are not fair. They also reviewed FAA regulations regarding the maximum permissible height of poles and the requirements for illuminating flags at night, with a recommendation to establish additional lighting guidelines to prevent disturbances to neighboring properties. Council Member Strange motioned to introduce Item No. 20 Ordinance No. 2025-032, LDC Amendment with the amendments that section 2b6 be amended to say 55ft instead of 30, that section 2b6b4 insert the languor eg solely, striking _parag_raph C and including a provision that we comply or create if necessary ordinances that would restrict the use of likhts at night understanding that may be a restriction on the waving of the American Flag: seconded by Council Member Howard. Further discussion was had regarding the lighting of flags in residential areas. Council member Strange stated that if someone wants an exception to fly their American flag, and their setup conflicts with our lighting rules, they will still need to follow the city's lighting rules at night. Council Member Howard motioned to call the question; seconded by Council Member Strange. Council Members Strange, Howard, Myers and Petersen approved. Motion passed 4-1 with Mayor Mg= Mosed. REPORTS CITY MANAGER REPORT Interim City Manager Van Wagner — • The Final Budget Public Hearing will be on September 18 at 5:30pm. • There will be a September 11 ceremony at the Clermont Performing Arts Center at 10:00am. • Clermont Wine Stroll will be September 19 at 6:30pm. • Chips and Salsa Event will be September 20 at 5:00pm. CITY ATTORNEY REPORT City Attorney Waugh — • The Wright -Ahern case has been finalized but not yet executed. CITY COUNCIL REPORT Council Member Petersen — • Spoke about September 11. Council Member Strange — • Commended Council Member Myers on reminding Council to conduct themselves with civility. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 Council Member Howard — No report. Council Member Myers — No report. Deputy City Manager Matthys — No report. Mayor Murry — • Requested an update on fire equipment at Wellness Way. City Manager Van Wagner explained that staff are talking with Lennar about using a building in the Wellness Way area as a temporary facility until a permanent one is ready. No details to share yet, but they are open to it. The Fire Chief is considering having one unit there and another at the hotel near the Arts and Recreation Center during Station 2's expansion. • Requested an update at the next council meeting regarding reclaimed water in Wellness Way. City Manager Van Wagner provided information he had and stated that he would have Public Works Director Brunson provide a full update at the next meeting. He said the city is actively working with St. John's Water Management, Lake County, and others, including Representative Yarkowsky to find a water solution for the Wellness Way area. They are exploring options like using water from Conserve II or alternatives. St. John's understands the issue and is willing to help, and Orange County is reviewing the idea as well. City staff are fully engaged in finding a workable solution. • He talked about the dump trucks in Wellness Way, mentioning that Florida Highway Patrol and Clermont Police are already patrolling. He asked the City Manager to reach out to Lake County to increase patrols in the area, too. • There will be a September 11 ceremony at loam on Thursday at the Clermont Performing Arts Center. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9, 2025 ADJOURN: With no further comments, this meeting adjourned at 4:13pm. APPROVED: l Tim Murry, Mayor Tracy Ackroyd Howe, MMC City Clerk