A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

october 24, 2017

The Lake County Board of County Commissioners met in regular session on Tuesday, October 24, 2017 at 9:00 p.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Angela Harrold, Deputy Clerk.

INVOCATION and pledge

Pastor Tim Travis of The Father’s House Christian Center gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, reported that Tab 8 would be pulled from the Consent Agenda and would be presented at a future meeting.

sales surtax committee presentation

Mr. Keith Mullins, Chairman of the Sales Surtax Oversight Advisory Committee, reported that the Committee met on October 9, 2017, to review the proposed FY 2017-2018 budgets for the Lake County School Board, Lake County Board of County Commissioners, and the County municipalities. He explained that in 2001, the citizens put into effect a committee to review how the Board, the schools and the cities were spending the funds with the intent of the law. He reported that all questions raised by the Committee were answered and all funds in the projected budget looked to be allocated correctly. He thanked the County staff for all of their work. He noted that the Committee would meet in spring 2018 to review the spending for FY 2016-2017.

citizen question and comment period

Mr. Vance Jochim, a writer on local governmental issues, noted that there were 2,588 additional statements under the main topics within the Land Development Regulations that he referred to as “shall statements.” He felt that these statements put undue work upon staff to make sure they were all adhered to. He suggested that the Board review and change or remove some of these statements to be more consistent.

Mr. Ken Schwenke, a resident of Leesburg, suggested a traffic signal be installed at the intersection of Legacy Boulevard and U.S. Highway 27 in Leesburg, which is located at the entrance to PEAR Park. He reported that he had requested that the Florida Department of Transportation (FDOT) review the surrounding area for traffic issues. He explained that FDOT would be holding a public meeting regarding the intersection on Thursday, October 26, 2017; however, he felt that the discussion planned for that meeting was geared more toward traffic calming and did not address the area as a whole as he had requested. He asked that the Board approve the resolution in Tab 23, as requested by Commissioner Breeden, to support installing a traffic signal at the intersection.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 6, as follows:

List of Warrants

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

Advertisement of Unclaimed Moneys and payment to the Board

Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those non-court related moneys advertised less claims and publication costs.

Arlington Ridge Community Development District FY 17/18 Meeting Schedule

Request to acknowledge receipt of the Fiscal Year 2017/2018 meeting schedule for the Arlington Ridge Community Development District in accordance with Section 189.015, Florida Statutes.

Village Center Community Development District FY 17/18 Budget

Request to acknowledge receipt of the adopted budget for Village Center Community Development District for Fiscal Year 2017/2018 in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.

Town of Lady Lake Ordinances and Resolutions

Request to acknowledge receipt of the following from the Town of Lady Lake:

Ordinance No. 2017-20 (Special Exception Use), Ordinance No. 2017-23 (Annexation), Ordinance No. 2017-24 (Comprehensive Plan Amendment), Ordinance No. 2017-25 (Rezoning), Ordinance No. 2017-26 (Annexation), Ordinance No. 2017-27 (Comprehensive Plan Amendment), Ordinance No. 2017-28 (Rezoning), Ordinance No. 2017-29 (Special Exception Use), Ordinance No. 2017-30 (180-Day Moratorium on Medical Marijuana Dispensaries), Ordinance No. 2017-35 (Adoption of Operating Budget for FY 10/1/17-9/30/18), and Ordinance No. 2017-45 (Amending Special Exception Use); and

Resolution No. 2017-109 (Partial Vacating of Five-Feet of Easement), Resolution No. 2017-111 (Variance for Sun Communities Grass Parking Area), and Resolution No. 2017-114 (Adopting the Final Property Tax Millage Rate to be Levied for FY 2017-18).

Lake County Water Authority Annual Report and 2016-2021 Five Year Plan

Request to acknowledge receipt of Lake County Water Authority 2016 Annual Report and 2016-2021 Five-Year Plan.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 2 through 14, omitting Tab 8 and adding Tab 25, as follows:

County Attorney

Request for approval to:

1. Accept an Offer to Purchase Alternate Key 3244796 and authorize the Chairman to execute any necessary closing documents.

2. Award bid to the highest bidder to purchase Alternate Key 1348749 and authorize the Chairman to execute any necessary closing documents.

3. Accept the following properties acquired through Escheatment Tax Deeds and surplus for the purpose of disposal: Alternate Keys 1319587, 1504945, 1514711, 1520118, 3558987, 3559002, 3559029, 3559053, 3833899 and 1606021.

The fiscal impact is $2,700.00 (revenue).

Request approval to hold a Closed Session of the Board of County Commissioners on November 7, 2017, to discuss pending litigation. There is no fiscal impact.

Office of Management and Budget

Request for approval of payment of Florida Association of Counties membership dues. The fiscal impact is $29,762.00 in Fiscal Year 2018 (expenditure).

Request for approval of a distribution of $50,000.00 from Crime Prevention Funds for use in the Sheriff's crime prevention activities. The fiscal impact is $50,000.00 in Fiscal Year 2017(expenditure).

Request for approval of a Resolution 2017-142 adopting the fee schedules for Fiscal Year 2018. There is no fiscal impact.

Request for approval of the Sheriff's Office request for a budget Resolution 2017-141 to amend the Fiscal Year 2018 General Fund budget to include and approve the expenditure of unanticipated revenue. The source of the unanticipated revenue is a one-time technology/equipment grant to be used for technology upgrades and other equipment purchases. The fiscal impact is $530,000.00 (revenue/expenditure).

Agency for Economic Prosperity

Request for approval of contract amendment and extension with the Central Florida Sports Commission. The fiscal impact is $75,000.00 per year through Fiscal Year 2020 (expense).

Facilities Management

Request for approval of a Guaranteed Maximum Price of $774,292.00 and other project related costs and a design/construction contingency allowance of $55,708.00 for the Courthouse 1st Floor Restroom and North Entry Renovations project, and authorize staff to complete all associated implementing documents. The fiscal impact is $830,000.00 (expenditure). Commission District 3.

Public Works

Request approval of a construction and maintenance agreement with the Florida Turnpike Enterprise for the CR 455 bridge and the Fosgate Road bridge. The fiscal impact is $5,000 for annual maintenance (expenditure).  Commission District 2.

Request for approval to accept the final plat for Heathrow Country Estate Homes Phase 3 Partial Replat and all areas dedicated to the public as shown on the Heathrow Country Estate Homes Phase 3 Partial Replat. The fiscal impact is $1,551.00 for the final plat application fee (revenue). Commission District 4.

Request for approval to release a performance bond of $155,862.15 associated with Commercial/Subdivision Driveway Connection Permit #53119 and Right-of-Way Utilization Permit #7290 for the Surgical Practice Resource Group Outpatient Clinic Building in the Town of Lady Lake. The fiscal impact is $420.00 (revenue).

Request for approval to extend the agreement with the Florida Central Railroad Company, Inc., until November 30, 2019. If the option in the agreement is exercised during the term of the agreement, the fiscal impact to Lake County would be $1,007,250.00 (expenditure). Commission District 4.

Information Technology

Request for approval to:

1. Purchase a security software subscription from Insight Public Sector (Tempe, AZ) under State of Florida contract 43230000-NASPO-16-ACS-SVAR, Software Value Added Reseller, to identify, manage and resolve network security issues, and authorize the Office of Procurement Services to execute all implementing documentation. The fiscal impact is $34,267.42 in Fiscal Year 2018 (expenditure).

2. Consider the annual renewal of the subscription for a maximum fee of $25,000 (expenditure) per year.

presentations

greater orlando aviation authority

Mr. Robert Chandler, Executive Director of the Agency for Economic Prosperity, introduced a presentation to review opportunities that would be available with the construction of the new Orlando International Airport extension.

Mr. George Morning, Director of Small Business Development for the Greater Orlando Aviation Authority (GOAA,) explained that the expansion was taking place at the Orlando International Airport (OIA) and currently, it was in the second phase. He elaborated that the automated people mover had been completed and construction managers had been hired for the development of the south terminal complex, which would include 16 gates. He noted that moving forward with the design of the second phase was approved at the previous meeting of the GOAA Board. He stated he was before the Board today to request support and to explain what GOAA was doing to help small businesses. He reported that the total budget for the south terminal complex was approximately $2.1 billion. He reviewed that $1.2 billion would be spent on construction and $350 million would be awarded to small businesses. He reported that it was the goal of GOAA to ensure that it was given to small firms. He noted that on a separate project, $400 million was allotted for small businesses and currently $156 million had been awarded to them. He stated that GOAA wanted to double the participation and were committed to making that happen. He requested that the Board reach out to small businesses and firms in the Commissioners’ Districts to inform them of the opportunities and to encourage small businesses to apply for the funding. He noted that there was a support structure in place to help the small businesses through the process and there was an outreach program taking place on December 7, 2017, at the Hyatt Regency Orlando located on International Drive in Orlando. He stated that GOAA would be working to spend the allocated funds appropriately and the hope was that it would have a positive impact on the local economy. He specified that they would like local businesses to apply or attend the outreach so that GOAA could assist them in taking part of the opportunity.

Commr. Parks thanked Mr. Morning and clarified that it could be different types of businesses that would be eligible for the funding.

Mr. Morning stated that GOAA would also be involved in certifications and there was a preliminary schedule created that was broken down by all of the trade areas. He reported that there was an estimated date for bidding and prime contractors had been identified. He commented there was a shortage of small businesses and their participation was needed. He noted that being a part of the program was a good opportunity for small businesses who had not done institutional work.

Commr. Sullivan remarked that the information should be sent out to the local businesses through the relationships built by the Agency for Economic Prosperity.

Commr. Breeden asked if there were any Lake County businesses currently participating.

Mr. Morning replied that he did not have a complete list but he was aware of some, including a local restaurant owner that had been certified the previous year and was already involved as a share partner in a restaurant.

Commr. Campione clarified that if there were individuals interested, they should be directed to the Agency for Economic Prosperity.

Commr. Parks suggested that a press release also be sent out.

public hearings: REZONING

rezoning consent agenda

Mr. Tim McClendon, Office of Planning and Zoning Manager, displayed the advertisements for that day’s rezoning cases on the overhead monitor and noted that Tabs 1 through 4 on the Rezoning Consent Agenda were approved by the Planning and Zoning Board on October 4, 2017. He requested that the Board approve the Rezoning Consent Agenda consisting of Tabs 1 through 4.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding any cases on the Rezoning Consent Agenda, the Chairman closed the public hearing.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 4, as follows:

Tab 1. Ordinance No. 2017-45

Rezoning Case # RZ-17-14-5

Fredericks Property Rezoning

Rezone approximately 1.4 acres of Community Facility District (CFD) zoned property to Agricultural Zoning District (A).

Tab 2. Ordinance No. 2017-46

Rezoning Case # RZ-17-14-3

Meinhardt Property

Rezone approximately 1.22 acres from Mobile Home Rental Park District (RMRP) to Mixed Home Residential (RM).

Tab 3. Ordinance No. 2017-50

Rezoning Case # RZ-17-16-3

Folker Property

Rezone approximately 19.16 acres from Rural Residential District (R-1) to Agriculture (A).

Tab 4. Ordinance 2017-54

Rezoning Case # CUP-17-09-1

Hansen Life Skills-Retreat and Water Sport Training Facility

Approve an amendment to Conditional Use Permit (CUP#10/6/2-3) to removed acreage (1.5 acres) and to add retreat lodging/cabins, life skills/marriage counseling, water sport recreation training, special events (weddings, etc.) and short-term recreational vehicle (RV) parking with the Agriculture (A) Zoning District on 44.62 +/- acres.

rezoning agenda

Tab 5. Ordinance No. 2017-51

Rezoning Case # CUP-17-01-5

Village Pet Spa CUP Amendment

Amend CUP #14/9/1-5 (Ordinance #2014-62) of the existing kennel to allow use of the front grass play area by no more than 20 dogs and eliminate the restriction regarding the days this area can be used.

Mr. McClendon reviewed Rezoning Case Number CUP-17-01-5, for the Village Pet Spa Conditional Use Permit (CUP,) and stated that the requested action was to amend an existing kennel CUP in order to allow a front grass play area to be used by no more than 20 dogs, and to modify restrictions regarding the days and hours of operation of the front grass play area. He explained that the Future Land Use (FLU) designation of the property was Urban Low Density (UL) and the current zoning designation was Agricultural (A.) He noted that there was a site plan for the property, which was approved in December 2014. He reported that the hours of operation noted in the amendment were modified by the Planning and Zoning Board to allow front grass play from the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday; and from the hours of 7:00 a.m. though 7:00 p.m. on Saturday and Sunday, when five or less dogs were present; and from the hours of 9:00 a.m. through 7:00 p.m. on Saturday and Sunday, if more than five dogs were present. He pointed out that the amendment was consistent with the Comprehensive Plan and the Land Development Regulations. He reported that in April 2017, when the case was first heard, there were objections made by the adjacent property owner, which led to the request of a noise study. The applicant had a noise study completed and it was determined that there were no anticipated noise impacts associated with the increase of the dogs in the front or the increased hours of operation. He stated that the request was to accept the Planning and Zoning Board’s recommendation for case number CUP-17-01-5.

The Chairman opened the public hearing.

Mr. Grant Watson, with Stone and Gerken P.A., stated he was there on behalf of the applicant. He explained that the applicant was looking to expand the use of the front play area of the facility, which was currently limited to use on Tuesday and Thursday only. He elaborated that expansion of the business and proper exercise of the animals would be a great benefit to them and would also be beneficial for the applicant to be able to utilize space already available. He noted that the previous hearing had been continued so that a noise study could be completed, which had been done and the results had been submitted. He reported that the noise study suggested that there would be no impact due to the increased number of dogs or operating hours.

Mr. Michael Keane, President of Keane Acoustics, noted that he was a licensed engineer and was the person who completed the noise study. He stated that the purpose of the study was to determine the impact of the front play area sound on the surrounding neighbors. He commented that a two-day study was completed, in consultation with staff, and the study was done over one weekday and one weekend day. The study took place at the best locations on the property to gain the most accurate results. He noted that several of the adjacent properties already had dogs and with the topography in mind, he determined that the best locations to measure the sound were on the south end of the property. He explained that he first measured ambient sound omissions at two different locations on the property, to determine the normal noise levels and to determine the other types of sounds in the area. He stated that 20 dogs were then brought into the front play area at different times of the day to create a worst case scenario and the sound was measured and compared to that of the ambient noise measurement. He reported that traffic noise was found to be the dominant sound in the study and was louder and more frequent than the dogs barking. He opined that the dogs being in the front play area were not making the area any louder than the neighboring dogs or roosters and were in fact, making less noise than the traffic.

Mr. Andrew Mayo, an adjacent property owner, expressed his concern about the current process of making information available to the public regarding zoning cases. He explained that he was told he would not have access to the noise study materials until they were released to the Board. He felt that the materials should be released to the interested public sooner than what the current process outlines so that the public can have time to review and be prepared for the Board meetings.

Mr. Cole responded that he was unaware of a process that noted the materials would be held until the Board received them because staff is required to comply with public records requests but he would look further into the issue.

Mr. Mayo stated that he felt he was at a disadvantage because he was not able to have the materials from the noise study. He also opined that the other company that had been suggested to complete the acoustic study would have done a more thorough study. He felt that the study should have taken place for a longer period of time and should have assessed the entire property. He explained that he thought the study was too narrowly focused because it assessed only the front 25 percent of the property. He stated that there were specifications within the Land Development Regulations (LDRs) to include noise abatement for play areas or dog runs and he hoped that as a result of the case, the LDRs could be updated to include these studies to ensure the process runs smoother. He thanked the Board for requesting the noise study.

Commr. Sullivan noted that the Board was currently in the process of reviewing the LDRs as a whole and that was a good item to keep in mind while the review took place.

Mr. Keane commented that he contacted Mr. Mayo to ask for permission to be on his property and to get an approximate location where a home could be built so that an accurate study could be completed. He noted on a map where the audio was recorded on a tripod at different locations on the property and explained that he also walked around the property at length to obtain additional data from other locations. He stated that over a multi-day study, the equipment is moved around so that the best data can be gathered to give a well-informed opinion. He pointed out that there were several buildings on the property, as well as a ridge, that provided a shielding effect and because of those things, the dogs out in the front play area were not heard.

There being no one else who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.

Commr. Blake thanked Mr. Mayo for expressing his concerns and apologized for any miscommunication regarding the noise study. He also thanked the applicant for having the noise study completed as the Board was trying to ensure that all sides were being treated equally.

Commr. Campione stated that she appreciated the patience of all involved while the Board ensured that the expansion would not negatively impact the adjacent properties. She felt that the noise study was very comprehensive and that it demonstrated that the dogs in the front play area would not create a level of noise that would be a nuisance.

Commr. Parks stated that he appreciated the work of the staff as they process applications and he noted that there was an opportunity for the Board to revise some of the LDRs. He commented that there was a tool that the St. Johns River Water Management District used to process documents that make them available for public record as soon as they are downloaded and he suggested that staff research using it to better serve the online permitting system.

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved Ordinance 2017-51, Rezoning Case Number CUP-17-01-5, amending CUP #14/9/1-5 of the existing kennel to allow use of the front grass play area by no more than 20 dogs and eliminate the restriction regarding the days this area can be used.

public hearing – lake county ldr amendments

Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 1.08.03; CREATING NEW SECTION 1.08.04 CONCERNING EXISTING LOTS NONCONFORMING TO DENSITY REQUIREMENTS; AMENDING CHAPTER II “DEFINITIONS”; AMENDING SECTION 3.01.00 TO CLARIFY USE OF THE SCHEDULE OF PERMITTED AND CONDITIONAL USES; AMENDING SECTION 3.02.02 TO DELETE REFERENCE TO URBAN AREA RESIDENTIAL DENSITY POINT SYSTEM; REMOVING REFERENCES TO NOTES IN SECTION 3.02.06 TABLE; REPEALING SECTION 3.03.00 “URBAN AREA RESIDENTIAL DENSITY POINT SYSTEM AND TIMELINESS” TO BE CONSISTENT WITH THE 2030 COMPREHENSIVE PLAN; REPEALING AND REPLACING SECTION 3.09.00 TO ESTABLISH NEW LIGHTING STANDARDS; AMENDING SECTION 4.03.01 TO REMOVE REFERENCE TO A REPEALED SECTION; AMENDING SECTION 6.06.05 ON FINANCIAL RESPONSIBILITY REQUIREMENTS IF MEET STATE REQUIREMENTS AND EXEMPTIONS; UPDATING AGENCY NAMES CONTAINED IN SECTION 7.00.05; AMENDING SECTION 10.01.03 “ACCESSORY STRUCTURES THAT ARE DWELLINGS” TO ALLOW ACCESSORY DWELLING UNITS ON PROPERTIES LESS THAN AN ACRE; AMENDING SECTION 10.01.06 “BACKYARD CHICKENS” TO ALLOW CHICKENS WITHIN ALL RESIDENTIAL AND AGRICULTURE ZONING DISTRICTS; CREATING SECTION 13.02.00 TO BE ENTITLED “APPOINTMENT OF ALTERNATIVE MEMBERS”; AMENDING SECTION 14.00.05 “NOTICE PROCEDURES” TO MODIFY NOTICE REQUIREMENTS; REPEALING SECTION 14.02.04 ON TIMING OF COMPREHENSIVE PLAN AMENDMENTS; AMENDING PORTIONS OF LDR CHAPTER XIV TO REFERENCE DEPARTMENT OF ECONOMIC OPPORTUNITY; AMENDING SECTION 14.15.01 TO AUTHORIZE BOARD OF ADJUSTMENT TO GRANT VARIANCES FOR PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 15.02.06 TO PROHIBIT DIGITAL AND LED SIGNS IN THE CLERMONT JOINT PLANNING AREA AND RESTRICT CHANGING COPY AREA TO EXISTING SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.

Commr. Blake referenced a portion of Section 15.02.06 regarding moving signs with visible moving, revolving or rotating parts and mechanical movement of any description and he asked how long those had been prohibited and what prompted the regulation.

Ms. Marsh replied that the regulation had been included at the time the Board adopted the Joint Planning Agreement (JPA) with the City of Clermont and it was only in that specific section pertaining to the JPA. She believed the JPA had been enacted in 2012 but would confirm.

Mr. McClendon clarified that an individual could apply to place a moving sign elsewhere in the county but the application would need to meet the requirements and regulations in the LDRs.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2017-52 amending the Lake County Land Development Regulations to eliminate unnecessary provisions, to clarify existing definitions, and to provide consistency between the Lake County Land Development Regulations and the Lake County 2030 Comprehensive Plan.

public hearing – medical marijuana dispensaries

Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING LAKE COUNTY CODE, CHAPTER 3, ARTICLE IX, ENTITLED “MEDICAL CANNABIS ACTIVITIES”; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, CHAPTER II, ENTITLED “DEFINITIONS” TO ADD DEFINITIONS RELATING TO MARIJUANA; ADDING NEW SECTION 3.15.00 IN LAKE COUNTY CODE, APPENDIX E, BANNING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM BEING LOCATED WITHIN THE UNINCORPORATED AREAS OF LAKE COUNTY, FLORIDA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

Mr. Jochim stated that he supported the proposed ban on dispensaries in unincorporated areas of Lake County. He opined that it was likely that there would be large amounts of money spent to legalize recreational marijuana, since medical marijuana had been made legal, and he felt that Lake County families would not want to be near those types of businesses. He explained that he was not against medical marijuana but he suggested that the Board be conservative and observe the outcome of the medical dispensaries that would be open within some of the municipalities.

There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.

Commr. Campione noted that the proposed ordinance was not a ban on the use of medical marijuana or on the delivery of prescriptions of it through online resources. She stated that it was only a ban on store fronts being located within the unincorporated areas of the county. She explained that the state legislature had not provided a way for local government to regulate the businesses. She reported that the two choices provided by the legislature were to allow the dispensaries anywhere that a pharmacy was located or to ban the dispensaries. She commented that most pharmacies were located within city limits and she felt that keeping the dispensaries within those city limits as well, would match with typical shopping practices of the residents. She noted that she would be researching the delivery cost of medical marijuana to residences because she did not want to make it a hardship on the residents who needed it. She remarked that the Board tried to protect the character of the rural areas in Lake County and she opined that allowing dispensaries in the rural, unincorporated areas could lead to the commercialization of those places. She referred to a map that showed all of the dispensary locations that were already within Central Florida, pointing out there were a large number of them. She felt that the Board was not impeding or preventing Lake County residents from getting medical marijuana but that they were creating a level of protection in the rural areas. She noted that the ordinance could be revisited in the future if needed but that watching how things progress was the most beneficial course of action.

Commr. Parks stated that he supported the ordinance. He explained that he was supportive of medical marijuana but felt the state legislature put local government in a tough position by giving only two real options. He commented that recreational marijuana was not federally legal and noted that it was a cash business, which could not be regulated, and that could come with possible safety issues.

Commr. Breeden stated that the state had dictated what local government could and could not do, leaving no flexibility to regulate the number or location of the dispensaries. She opined that she was glad to see that some of the municipalities would be allowing it so residents who could benefit from it could access it. She felt that the dispensaries were more appropriate for commercial and urban areas. She pointed out that this only applied to the dispensaries and not the agricultural businesses that would be cultivating it.

Commr. Blake commented that he supported the ban on the dispensaries in the unincorporated areas with the understanding that the ordinance would not affect access.

Commr. Sullivan explained that if it was an issue of residents not having access to medical marijuana then it would be a different type of conversation; however, there was allowable access because several municipalities had approved dispensaries and there were two locations currently in Sumter County.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Ordinance 2017-53, banning medical marijuana treatment center dispensing facilities from being located within the boundaries of unincorporated Lake County, Florida.

regular agenda

county manager – FEMA Disaster Recovery Center

Mr. Cole explained that the Federal Emergency Management Agency (FEMA) had been working to establish a recovery center for the residents impacted by Hurricane Irma. He stated that FEMA had requested the use of the Lake County Agricultural Center located at 1951 Woodlea Road, Tavares, and to date had served 200 residents seeking help. He requested retroactive approval from the Board for FEMA to use the Agricultural Center.

Commr. Sullivan explained that FEMA needed a place quickly to serve the immediate needs of the community.

On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved an agreement with FEMA for use of the Lake County Agricultural Center – Bob Norris Auditorium, located at 1951 Woodlea Road, Tavares, for a Disaster Recovery Center/Public Assistance office from October 17, 2017, through November 20, 2017.

public safety and compliance – animal services update

Mr. Cole stated that Ms. Whitney Boylston had become the Animal Shelter Manager in June 2017 and explained that she would be providing an update on the progress of the shelter. He commented that Ms. Boylston had done a good job getting the facility organized and moving forward to reach the no-kill shelter goals.

Ms. Whitney Boylston, Lake County Animal Shelter Manager, reviewed that the Board had taken over the Animal Shelter from the Lake County Sheriff’s Office (LCSO) on January 15, 2017, but that LSCO would continue to work on the enforcement responsibilities. She presented an image of the organizational structure, specifically noting that the shelter would be hiring for two vacant positions and that the shelter would be using one of the allocations as two part time positions, instead of one full time position, to better serve the shelter. She reported that in August 2017, the shelter received a new logo and brand strategy and that month by month the number of adoptions had increased through new onsite adoption events, targeted marketing and the promotion of specific animals to find them appropriate homes. She stated that new Sunday hours had been implemented through a pilot volunteer program but would transition to part time staff and also that free dog training classes were being offered to adopters two Saturdays a month, with a volunteer dog trainer, which was a wonderful resource and opportunity. She explained that the special adoption events were a very important part in maintaining the increased adoption counts and most were done onsite, because many of the animals that are in need of homes are older or have challenges so drawing the public into the shelter for the event helped to keep it manageable.

Ms. Boylston stated that the shelter had experienced some intake challenges including over 150 fowl and farm animals being surrendered to the shelter in one single day. She noted that staff was able to address the situation with the help of local 4-H leaders and the Future Farmers of America (FFA) community, which led to all but six of the 150 animals being adopted. She stated that there had been multiple cat hoarding situations, which led to a high number of cats being brought into the shelter and most recently they had 19 dogs, 29 cats and one boa constrictor surrendered to the shelter. She commented that over the Fourth of July weekend, 20 dogs were brought into the shelter due to a house fire. She stated that during Hurricane Irma, the pet friendly shelters housed over 600 animals; however, because the animal shelter was closed for that period of time, there were some overcrowding issues due to animals being brought in but not being able to leave because of the facility being closed.

Ms. Boylston stated that the animal shelter facility itself was not designed to be a no-kill facility. She commented that staff recognized that some of the pets would stay for longer periods of time than others and because of that there needed to be a string of activities to keep the animals engaged and to ensure their health. She explained that when the shelter faced challenges, the staff looked to the community for help and the community had been able to provide great support. She noted that the partners in local media had also been there to help support the shelter and get the word out about adoption events. There were some additional rescue groups who had gotten involved as well as Pawsitive Shelter Photography, which takes stylized photos of the animals to make them marketable to the public.

Ms. Boylston reviewed the No-Kill Equation and noted that while the shelter did not have a comprehensive Trap-Neuter-Return (TNR) program, there were groups that staff could refer residents too and there had also been approximately 100 cats placed in barns through the Working Cat Program to help with the feral cats. She stated that the Comprehensive Adoption program was the most utilized portion of the No-Kill Equation at the shelter and she noted that all of the pets that were available for adoption were listed on multiple websites and there was special adoption pricing in place at $10, which included the initial vaccinations, spay or neuter, licensing, etc. She commented that LEASH, Inc. was a local non-profit partner that helped with adoption events by sponsoring most of them, which meant LEASH was paying the adoption fees for the residents. She reported that a series of adoption events took place over the previous months, reporting that there were 186 adoptions at the “Hot Dogs, Cool Cats” event and 76 adoptions during the “Clear the Shelter Day” event. She explained that the shelter was constantly promoting low cost spay or neuter procedures and pointed out that the Spay and Neuter Rebate Program resulted in refunds for 867 cats and 368 dogs. She stated that the rescue groups that have partnered with the shelter had been very beneficial and that 650 animals had been transferred to rescue partners since January 15, 2017. She remarked that the rescue groups are also able to help more with animals that have medical or behavioral challenges. She remarked that foster care was important in the No-Kill Equation because many animals that come to the shelter are not immediately adoptable and through the work of the fostering program, the animals are provided good homes and attention until they are adopted. She explained that Shelter Break Sleepovers was a program the shelter implemented that allowed animals to leave the shelter for short periods of time and was beneficial to the animals’ health, while also providing information to the shelter about the animals, which leads to finding better placement for them long term. She noted that pet retention was an important step and residents needed to understand that surrendering their pet to the county shelter should be a last resort. She stated that the goal was to keep pets with their owners and, to meet that goal, the shelter provides counseling for behavior issues and can also refer pet owners to resources to get help with pet food. She pointed out that the shelter had implemented a managed intake policy because of the limited space and explained that appointments are scheduled with residents for a pet to be surrendered; however, this had not caused a decline in the number of animals accepted at the shelter as owner surrenders. She further explained that the policy helped to serve the pets and the public because there was dedicated staff for each appointment time, who do the counseling and the interview, to get enough information as possible and to assess whether or not there is space at the shelter to accept the pet. She reported that the rehabilitation of the animals was challenging in the current facility; however, the shelter had good partnerships with LEASH, who can diagnose animals, and with the onsite veterinarian issues can be corrected at a lower cost. She noted that behavioral plans are put in place for dogs who might be experiencing fear from being in the shelter or have training issues.

Ms. Boylston stated that engaging the public was necessary in the No-Kill Equation to bring in potential adopters and she remarked that the Communications Department was very integral in getting the shelter’s message out to the public. The shelter had been able to utilize traditional media and social media as well as attending events throughout the community. She presented a Facebook metrics report and pointed out that there had been an increase in activity on the shelter’s Facebook page as people continue to comment and share the posts. She noted that all of the activity on the page was organic and the shelter was not purchasing any of the interaction time. She reported that the volunteer count at the shelter had increased to 115 approved volunteers, with approximately 100 still pending approval. She explained that the volunteers helped with walking the dogs, neo-natal care, photography, socialization of the animals and enrichment activities, such as playing in the yard and bringing in toys for the animals. She noted that a volunteer recognition program was being developed to thank the volunteers for all they do. She stated that two-thirds of the dogs that went into the shelter were strays so the shelter worked on another part of the No-Kill Equation called proactive redemption, which was taking active steps to reunite lost dogs with their owners. She explained that effective leadership was important to the shelter and work had continued with Mr. Mike Fry, the No-Kill Learning consultant, to ensure that all of the data entry and reporting was transparent, while also helping to revise policies, implement new programs and expand outreach to the community.

Ms. Boylston outlined the statistics of the shelter from January 15, 2017, through September 30, 2017. She noted that the statistics were compiled from results of the Asilomar Accords Adjusted, which was a nationally recognized statistical reporting method for animal shelters throughout the country, and she pointed out that the method excluded animals that would be considered unadoptable. She explained that the Live Release Rate (LRR) was 83 percent for cats, 95 percent for dogs, and 95 percent for other animals, which made the combined total LRR 90 percent. Keeping the shelter at 90 percent or above for one full year would allow Lake County to be widely accepted as a no-kill community. She commented that it would be difficult to keep the 90 percent LRR in order to stay designated as a no-kill community, but that the challenges would be responded to and resolved. She reported that the year by year comparison showed that the stray dog intake had remained stable; owner surrendered pets had increased 56 percent, which could have been due to residents feeling that the shelter was safer; the LCSO impounded animal percentage had increased and shelter staff was working with LCSO to identify why the increase was occurring; and it was important to note that the shelter had currently adopted out approximately 900 more animals from the previous year. She stated that the euthanasia rate had an 81 percent reduction, which corresponded to the increase in adoptions. She explained that there had been facility improvements, such as painting the interior, new flooring installed and there had been a reconfiguration of the cat isolation room to provide an additional cat space to separate the sick cats from the healthy ones. She noted that the next steps at the shelter would be adding extra kennels, cat cages for a new quarantine area, improving the intake area and shelter staff would continue the implementation of the strategic plan. She reported that the long term plan included a new facility.

Commr. Sullivan stated that he appreciated her leadership and thanked the shelter staff for all their hard work. He explained that after visiting the shelter he agreed that a new facility was needed.

Commr. Parks asked what a “bully breed” was.

Ms. Boylston responded that the bully breed was a group of dogs that was made up of Pit Bulls, pit mixes, American Bull Dogs and sometimes Boxers and make up the majority of the dogs in the shelter. She explained that the bully breeds tended to have a longer length of stay at the shelter and the dogs typically come from an unstable living environment. She noted that there are many restrictions on who can own them due to insurance restrictions as well as apartment restrictions, which also makes them harder to adopt out. She commented that as a whole, this type of dog is likely not to be spayed or neutered, they are less likely to be reclaimed and more likely to have unplanned litters and these factors mean they take up a substantial amount of shelter resources. She noted that there was research that encouraged highly targeted spay and neuter efforts, which meant that individuals would go into the community and interact with residents and she pointed out that many times owners do want their pet sterilized but they are not aware of resources available that can help them afford it.

Commr. Campione felt that a focus needed to be kept on the TNR program and how funding could be provided to the groups of individuals who would be willing to go out and interact in the communities. She thanked Ms. Boylston for all of her hard work.

Mr. Cole added that Ms. Boylston is very interested in animal welfare and he thanked her for all of the work she had done in a short time to turn things around in the shelter. He noted that information for the new shelter would be brought back before the Board for discussion.

other business

APPOINTMENTS – WOMEN’S HALL OF FAME

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the ratification of Ms. Doris Bloodsworth as the 2017 Women’s Hall of Fame inductee as selected by the Women’s Hall of Fame Committee.

APPOINTMENTS – WATER SAFETY ADVISORY BOARD

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Nancy Pruitt to the Water Safety Advisory Board, as a representative with expertise or experience in public education, to serve a two-year term ending October 24, 2019.

REPORTS - county manager

hurricane irma debris update

Mr. Cole reported that 180,000 cubic yards of debris had been collected from around the county. He noted that was 60 percent of the estimated 300,000 cubic yards of debris was caused by Hurricane Irma. He commented that the debris hauling units and Public Works and Public Safety staff continued to be out collecting the debris. He noted that there were 71 hauling units in the field taking the debris to drop off points and things were moving quicker and progress had been made.

reports – commissioner parks – district 2

united way of lake and sumter counties – hurricane maria

Commr. Parks noted that he attended a task force meeting held by the United Way of Lake and Sumter Counties to discuss the impacts of Hurricane Maria on Puerto Rico and to discuss the potential influx of residents that could come to Lake County from the island due to the devastation there. He reported that 85 children from Puerto Rico had currently been admitted into Lake County Schools and it was suggested that upwards of 40,000 residents could relocate into Lake County in the following years.

reports – commissioner breeden – district 3

FDOT meeting – pear park traffic signal

Commr. Breeden reported that there was a notice of a public meeting from the Florida Department of Transportation (FDOT) regarding the plan for safety improvements at the PEAR Park entrance. She stated that the County Engineer and staff had evaluated the area and supported the recommendation for a traffic light to be installed, instead of median modifications. She explained that the FDOT was not currently supporting a traffic light and she requested that the Board approve a resolution that would be sent to FDOT in support of the traffic signal. She noted that she and the County Engineer would be attending the FDOT meeting that would be taking place on Thursday, October 26, 2017.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution 2017-139 supporting the installation of a traffic signal at the entrance to PEAR Park at the intersection of Legacy Boulevard and U.S. Highway 27, Leesburg, as part of the Florida Department of Transportation's (FDOT's) planned safety improvements at Highland Lakes Boulevard and U.S. Highway 27, and authorize transmittal of the resolution to the FDOT. There is no fiscal impact to Lake County. Commission District 3.

reports - commissioner campione – VICE CHAIRMAN AND district 4

cr 435 and wekiva parkway permanent connection

Commr. Campione requested a resolution supporting that the temporary interchange at County Road (CR) 435 and the Wekiva Parkway become permanent. She explained that the temporary interchange would be closed at the completion of the section of Wekiva Parkway that lea from Kelly Park Road to the temporary interchange, which she noted as being labeled 4A. She felt that closure of the interchange would cause an increase in traffic through Mt. Plymouth. She also noted that the area is heavily used by pedestrians and golf carts and there had been ongoing complaints about speeding. The concern was if the temporary interchange was closed, there would be the potential for additional traffic that would go through the small and quiet area and would disrupt the community. She stated that originally there was only to be one interchange at Kelly Park Road and that was designated as a commercial center, which would allow for retail opportunities and offices. She felt that interchange would be a very congested area; however, the interchange at 4A was surrounded by conservation areas and residential neighborhoods. She pointed out that the land uses for that area in Lake County were established with the Wekiva Protection Act and all areas would stay low density with no commercial zoning. She also wanted to ensure that staff would have the information and resources available if needed to determine what direction the traffic would be moving from so that traffic calming could be put in place in the right areas. She suggested researching the traffic patterns further to determine the number of trips that could potentially go through Mt. Plymouth. She stated that she would like to pass a resolution of the Board in support of making the interchange permanent and then to include it in the Board’s legislative priorities and reach out to several officials to review the maps and discuss the options.

Commr. Parks confirmed that the permanent connection could make changes to the Wekiva Parkway legislation.

Commr. Campione stated that one line would need to be changed in the legislation. She noted that there could be some designated land uses already in effect, which could make it an on and off ramp only and would not allow for retail or commercial spaces.

Commr. Breeden wondered if that topic had been discussed at the Central Florida Expressway Authority (CFX) and added that there had been some opposition in making the temporary interchange permanent. She stated that it was important that there not be any negative environmental impacts.

Commr. Parks replied that it had not been discussed at CFX but that if the resolution was passed, he would present it to the CFX Board.

Commr. Sullivan stated that making the interchange permanent was more in line with what the Wekiva Protection Act was doing to preserve the environment and to protect the Wekiva area.

Commr. Campione understood that many people who oppose making the interchange permanent put a lot of infrastructure in place to ensure that the Kelly Park Road interchange would be successful; however, making the 4A interchange permanent would strictly be for the purposes of moving traffic and bypassing the Mt. Plymouth area so that the community would not be changed from a small, quiet area to a super highway area.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved Resolution 2014-140 supporting a permanent connection of CR 435 to the Wekiva Parkway, and inclusion of the requested connection in the County's 2018 Legislative Priorities.

REPORTS – COMMISSIONER BLAKE – DISTRICT 5

fema disaster recovery center

Commr. Blake commented that while he attended a meeting for the Library Advisory Board at the Agricultural Center located in Tavares, he saw firsthand that the FEMA Disaster Recovery Center was being utilized well and was pleased to see that.

yard sign restrictions

Commr. Blake mentioned that he would like to review the county restrictions regarding how long a resident can keep a sign posted in his or her yard. He noted that a resident had received a violation for having a sign posted in her yard past the allowable time frame. He suggested that the Board discuss updating the restrictions to allow for a longer time period.

Commr. Parks asked for clarification on the violation.

Mr. McClendon replied that his understanding was that the property was zoned as R1 Residential and there were specific time frames for the length of time signs could be posted on residential property. He explained that the time frame was 90 days within a given year.

Ms. Marsh pointed out that there was no differentiation between signs, no matter the size or message, it was the length of time that was the issue.

Commr. Campione explained that the Board had to create that regulation because of case law, which stated that the County had to be neutral and could not differentiate between political or commercial. She noted that she was open to the discussion because while she agreed with free speech, she did not want to be noncompliant with case law.

Commr. Blake felt it would be worth discussing the option to allowing a longer time frame.

reports - commissioner sullivan – chairman and district 1

trout lake education center

Commr. Sullivan reported that Trout Lake Education Center reached out to him about funding for expansion of their programs. He directed them to go through the legislative process because he felt that was the best route for them and he wrote a letter on their behalf.

upcoming meetings

Commr. Sullivan noted that several of the Commissioners would be attending meetings in Tallahassee on December 6 and 7, 2017. He also pointed out that on November 4, 2017, at 9:00 a.m. there would be a Keep Lake Beautiful event in Bassville Park.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:26 a.m.

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timothy i. sullivan, chairman

ATTEST:

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NEIL KELLY, CLERK