A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
March 27, 2018
The Lake County Board of County Commissioners met in regular session on Tuesday, March 27, 2018 at 9:00 a.m., in Training Rooms A & B, Emergency Communications & Operations Center, 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; Niki Booth, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; Josh Pearson, Administrative Specialist, Board Support; and Kathleen Bregel, Administrative Specialist, Board Support.
INVOCATION and pledge
Ms. Patricia Haynie from Bahá’ís of Lake County gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Jeff Cole, County Manager, stated that there were no agenda updates.
Minutes approval
On a motion by Commr. Campione, seconded by Commr. Blake, and carried unanimously by a 5-0 vote, the Board approved the Minutes of February 13, 2018 (Regular Meeting) and March 1, 2018 (Special Meeting) as presented.
citizen question and comment period
Mr. Dennis Hartman, a resident of the Arlington Ridge 55+ retirement community in Leesburg, opined that there were high levels of noise and air pollution emanating from the nearby GI Shavings wood shavings plant. He expressed concerns about health hazards from the pollution, and said that the air pollution produced by GI Shavings smelled like plastic, rather than burning wood, noting black smoke emissions from the plant. He asked for the Board of County Commissioners’ (BCC) assistance in resolving this matter.
Ms. Madeleine Charlang, another resident of Arlington Ridge, recalled that in 2017 she had started observing dark smoke and an unpleasant odor from the GI Shavings plant. She also opined that heavy equipment from the plant had been creating a loud noise that negatively impacted her quality of life, and indicated that Saturday is the only day where the plant does not operate. She claimed that the plant’s equipment begins operating at 6:00 a.m. and does not cease until approximately 10:00 p.m. at night. She commented that operational hours of 7:00 a.m. to 4:00 p.m. on business days would be more acceptable.
Ms. Sherry O’Brien, a concerned neighbor of Arlington Ridge, noted that GI Shavings first applied for their permit on February 7, 2014, and they filed a notice of intent by March 2014. She continued that on April 4, 2014, a Conditional Air Construction Permit was granted by the Florida Department of Environmental Protection (DEP), and that multiple permit extensions were granted over the next few years. She opined that GI Shavings had multiple violations of their permit by exceeding the amount of particulates allowed to be emitted from their smokestacks. She said that GI Shavings had been required to take action and correct the two violations, but instead they requested a new permit to lower their oven temperature and therefore not have to measure the amount of particulates emitted. She also noted that the permit would no longer restrict their hours of operation. She stated that Arlington Ridge residents have contacted the DEP with complaints and observations, and opined that contact persons were frequently changed, and that there was no follow through for their calls. She opined that the Environmental Protection Agency (EPA) highlights noise pollution as part of its Clean Air Act Title IV, which she claimed was considered to be under the DEP. She asked if DEP staff were allowed to issue permits, and if the permit should be removed after multiple violations. She commented that residents and their Homeowner’s Association have filed a petition to ask the County to limit these types of businesses when they are in close proximity to a neighborhood.
Mr. Greg O’Brien, a resident of Arlington Ridge, stated that GI Shavings began to create noise in 2016, and opined that his community was of a greater financial interest to the County when compared to the GI Shavings plant. He stated that on the County website, land use showed the plant as warehousing, which had been true previously. He asked how the land use could now be for manufacturing when it is being listed as warehousing, and expressed interest in the BCC assisting the community to resolve this matter.
Ms. Rhonda Lugo, another resident of Arlington Ridge, stated that recently her quality of life had been affected by the GI Shavings plant. She also expressed concerns about the noise and smoke emitted from the plant for numerous hours each day, and claimed that the plant operated with the wind blowing in the community’s direction despite that act being prohibited. She noted concerns for golfers visiting the community and other seniors that live there. She encouraged the BCC to avoid this type of issue in future development plans, and asked the Board to help provide accountability.
Mr. Robert Blasi, a resident of Arlington Ridge, reiterated concerns of persistent noise and dark smoke from GI Shavings beginning in 2016. He opined that GI Shavings’ current permit allows a visual inspection of the company’s emissions, and said there should be a scientific way to measure the particulate matter being emitted from their smokestacks. He claimed to have recorded noise of up to 74 decibels in the neighborhood, and explained this is close to the 85 decibels that the Occupational Health and Safety Administration (OSHA) designates as requiring hearing protection.
Ms. Cheryl Thomack, another neighbor of the GI Shavings plant, opined that GI Shavings had been producing health hazards in the form of loud noises and odors on a daily basis, and that the plant was attempting to commence continuous operation. She claimed to have found black soot around her property, and expressed further concerns about the quality of the air. She opined that the plant should have had a noise study conducted, and that the plant should comply with health regulations.
Commr. Breeden reported that she was originally alerted to this issue by Ms. O’Brien, and that the County had discussed it with the Offices of Code Enforcement and Economic Development, the County Attorney’s office, and the City of Leesburg. She stated that while no formal solutions had been developed, Ms. Erika Greene, Interim Director of the Agency of Economic Prosperity, had made contact with GI Shavings, and the company had agreed to install a curtain wall to reduce noise. Commissioner Breeden said that she had visited Ms. O’Brien’s home and observed the hazards reported by residents. She mentioned that the plant’s land was zoned as heavy industrial, and that it was once a trucking company. She noted a worsening of the issue after Hurricane Irma, and suggested that the County write a letter to DEP about the complaints.
Commr. Parks expressed support for the Arlington Ridge residents, and added that the County should investigate the issue. He commented that air permitting through the EPA and DEP is a complicated matter, and suggested utilizing an environmental consultant to review GI Shavings’ permit.
Mr. Hartman claimed that he had contacted DEP and offered the use of his property to house equipment that could monitor air and noise pollution, though the request was not followed through on.
Commr. Sullivan said that the Office of Code Enforcement was investigating the issue, and that the new equipment to reduce noise was supposed to be installed during the current week. He remarked that he would cooperate with county staff and state officials to formulate a letter for DEP.
Commr. Breeden requested that the letter not ask for changes to be made to GI Shavings’ permit unless violations are found.
Commr. Campione said that public hearings are typically conducted when permits are changed. She commented that the County could become involved by sending a letter to DEP and tracking the hearing process so that residents are notified and represented. She remarked that the residents’ calls were perhaps not followed through on because of the possibility that those DEP staff would be involved in a public hearing on the matter.
proclamation 2018-23 u.s. naval sea cadet corps
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved Proclamation 2018-23 honoring the U.S. Naval Sea Cadet Corps.
Commr. Parks stated that he became acquainted with the U.S. Naval Sea Cadet Corps during their assistance after Hurricane Irma, and that he was very impressed with their efforts. He read and presented Proclamation 2018-23 to staff from the U.S. Naval Sea Cadet Corps.
Mr. Gary Schlindele, Commanding Officer of the U.S. Naval Sea Cadet Corps of Clermont, said that he had spent 40 years serving in volunteer fire departments, and retired to volunteer for the U.S. Naval Sea Cadet Corps. He commented that the organization is fully staffed by volunteers, is sponsored by the United States Navy and Coast Guard, and is a community service organization with two units in Lake County. He stated that the values of honor, courage, and commitment are at the forefront of the organization. He mentioned the organization’s volunteer staff and community leaders, and stated that there were approximately 80 cadets between the two Lake County units. He elaborated that some cadets may go on to enter naval academies, pursue military service, or enroll in higher education. He explained that the organization was not a military recruiting or directive program, but rather a self-funded youth development program chartered to perform community service. He said that the organization provides these initiatives: summer training programs; Science, Technology, Math, and Engineering (STEM) programs; and naval academy access programs. He thanked the Commissioners for the honor, and expressed gratitude for the community’s support.
proclamation 2018-24 national library week
Commr. Blake complimented the passion and involvement of the local volunteers who serve on the Library Advisory Board, and then read and presented Proclamation 2018-24 to Mr. Bob Glockler, Chairman of the Library Advisory Board, and Mr. Boyd Bruce, Regional Branch Manager, Office of Library Services.
Mr. Glockler thanked the BCC for understanding the value of the library system and the contributions it makes to the cultural, social, and economic fabric of the county.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 2, 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.
Lake County’s Semi-Annual Investment Report
Request to acknowledge receipt of Lake County’s Semi-Annual Investment Report of December 31, 2017.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Breeden, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 5 through 27, as follows:
MANAGEMENT AND BUDGET
Request approval of reimbursement from the $2.50 Education Trust Fund for Fiscal Year 2018, as requested by the Lake County Sheriff's Office. The fiscal impact is $31,400.64 (expenditure).
Request approval for the Chairman to execute any necessary agreements or documents related to the Help American Vote Act (HAVA) grant for the Supervisor of Elections. The fiscal impact is $5,186.00 (expenditure) for the local match requirement.
ECONOMIC PROSPERITY
Visit Lake
Request approval of sponsorship funding associated with the Central Florida Sports Commission bid for the 2018 Bassmaster Team Championship in Leesburg and authorize the Chairman to execute the agreement with the Central Florida Sports Commission if selected as tournament host location. The fiscal impact is up to $40,000.00 (expenditure - TDT funding). Commission District 3.
Request approval to:
1) Sponsor the 21st Annual Leesburg Bikefest;
2) Authorize the County Manager to execute the Sponsorship Agreement; and
3) Authorize the County Manager to execute future annual Leesburg Bikefest Sponsorship Agreements in an amount not to exceed $40,000.
The fiscal impact is not to exceed $40,000 (expenditure – TDT funding). Commission District 3.
PUBLIC SAFETY AND COMPLIANCE
Planning and Zoning
Request approval of the requested exemption to the
central potable water and central sewer service connection requirement
contained in Section 6.12.01(A) & (B) “Central Water System” and
"Central Sewer System" for property located at 32711 Lake Eustis Drive,
Tavares. There is no fiscal impact.
Request approval to advertise an ordinance amending Lake County Code, Appendix E, Land Development Regulations (LDRs), in order to expressly designate public safety services as a permitted land use in all zoning districts, and request for authorization, if accepted by a four-fifths majority, to hold the Second Public Hearing of the proposed Ordinance at 9:00 a.m. rather than at 5:05 p.m. as required by Section 125.66(4), Florida Statutes. There is no fiscal impact.
Public Safety
Request approval to award contract 18-0408 for purchase of uniforms for the Office of Fire Rescue to the Center for Strategic Marketing, Inc. (CSM Promotions) (Tavares, FL); Design Lab, Inc. (Mt. Dora, FL); Galls, LLC (Lexington, KY); GT Distributors, Inc. (Austin, TX); Reads Uniforms, Inc. (Leesburg, FL); and Uniform Wizard dba Omega Marketing Group, Inc. (Kissimmee, FL); and authorize the Office of Procurement Services to execute all supporting documentation. All purchases will be completed in the form of allowances provided to individual firefighters. The estimated annual fiscal impact is up to $120,000.00 (expenditure).
INFRASTRUCTURE AND INTERNAL SUPPORT SERVICES
Facilities Management
Request approval to award contract 18-0418, Generator Repair and Maintenance Services, to Accurate Power and Technology, Inc. (Eustis, FL). The annual fiscal impact is up to $50,000.00 (expenditure).
Request award
of contract 18-0407, Septic System Inspection, Repair, Maintenance,
Certification and Pumping Services contract to Shelley’s Environmental Systems
(Zellwood, FL). The estimated annual fiscal impact is $25,200.00 (expenditure).
Fleet Management
Request
authorization for the County Manager to exercise the first option period under
contract 17-0620 for 24 Hour Standby Tire Services for County Vehicles awarded
to Boulevard Tire Center and Goodyear Tire & Rubber Company, with future
extension options being exercised at the discretion of the County Manager. The
estimated annual fiscal impact is $55,000.00 (expenditure).
Human Resources
Request to
accept a settlement and execution of Release of Claims Agreement between Lake
County and USAA Insurance and their insured Wendy Thompson, a/k/a Wendy Jarus,
and Hana Renee Thompson as a full and final settlement of any property
damage claims made as a result of an automobile incident on July 29, 2017. The
fiscal impact is $45,200.00 (revenue).
Procurement Services
Request approval to declare the items as surplus, authorize their removal from the County's official fixed asset inventory system records and authorize the Office of Procurement Services to execute any required title documents. The fiscal impact (revenue) cannot be determined at this time.
Public Works
Request approval to accept the public right-of-way and easement deeds that have been secured in conjunction with development, roadway, or stormwater projects. The fiscal impact is $582.00 (expenditure - recording fees).
Request approval of an Interlocal Agreement with the City of Minneola regarding the installation and maintenance of street lighting on North Hancock Road between the intersections of North Hancock Road and Fox Trail Avenue and North Hancock Road and Fosgate Road. The fiscal impact is $35,452.38 (expenditure). Commission District 2.
Request approval of an Interlocal Agreement with the City of Minneola for traffic sign maintenance and emergency repairs. The estimated annual fiscal impact is $7,560.00 (revenue). Commission District 2.
Request approval of Resolution 2019-29 and an agreement with the Florida Department of Transportation and the Florida Central Railroad Company for maintenance costs for the railroad crossing located on South Mount Homer Road, Tavares. The annual fiscal impact is $1,800.00 (expenditure). Commission District 3.
Request approval to amend Lake County Policies and Procedures LCC-69 for the placement of Roadside Memorial Markers within Lake County rights-of-way. The fiscal impact per memorial marker is $16.27 (expenditure).
Request approval of contract 18-0421, Tree Removal, Trimming and Related Services contract to Daniel Hickey’s Tree Service (Deland, FL), Native Land and Tree (Howey-in-the-Hills, FL), Paff Tree Service (Brooksville, FL) and Tip Top Tree Experts (Weirsdale, FL), and authorize the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $75,000.00 (expenditure).
Request approval of Resolution 2018-30 to advertise a Public Hearing to cease maintenance and vacate a portion of North Bradshaw Road and vacate a portion of certain tracts and rights of way shown on the plat of Monte Vista Park Farms in the Clermont area. The fiscal impact is $2,295.00 (revenue - application fee). Commission District 2.
Request approval to:
1. Accept the final plat for Serenoa Village 2 Phase 1A-2, and all areas dedicated to the public as shown on the Serenoa Village 2 Phase 1A-2 final plat; and
2. Execute a Developer’s Agreement for Construction of Improvements between Lake County and VK Avalon Groves, LLC; and
3. Accept a performance bond of $866,290.14 related to the completion of the required infrastructure improvements; and
4. Execute a Temporary Easement Agreement between VK Avalon Groves, LLC and Lake County; and
5. Accept a performance bond of $29,048.58 related to the construction of cul-de-sacs within the temporary easements.
The fiscal impact is $1,551.00 (revenue – final plat application fee). Commission District 1.
Request
approval of a maintenance agreement with Avalon Groves Community Development
District (CDD) setting forth the CDD obligations concerning landscaping and
maintenance of the rights of way, easements, and stormwater ponds for Sawgrass
Bay Boulevard. There is no fiscal impact. Commission District 2.
COMMUNITY AND TECHNICAL SUPPORT SERVICE
Community Services
Request approval to apply for the Florida Commission for the Transportation Disadvantaged Mobility Enhancement Grant (MEG), and approval of Resolution 2018-31 for Fiscal Year 2019. The fiscal impact is $401,780.00 (expenditure - $318,580.00 in Transportation Disadvantaged MEG funding and $83,200.00 from passenger fares).
Extension Services
Request approval of an Interlocal Agreement with the Lake Soil and Water Conservation District for Administrative and Operational Assistance for the Mobile Irrigation Laboratory. The annual fiscal impact is $264,625.00 (expenditure – 100% grant funded).
EAST LAKE SPORTS AND COMMUNITY COMPLEX PRESENTATION
Mr. Bobby Bonilla, Division Manager, Office of Parks and Trails, presented an update on the East Lake Community Park master plan and the proposed locations for the new East Lake County Library and Fire Station 39. He explained that East Lake Community Park is located in the Sorrento community in East Lake County, north of State Road (S.R.) 46, is 75 acres, and is accessible from the nearby Wallick Road by County Road (C.R.) 437. He mentioned that in 2006, the BCC approved the purchase of 49 acres, now known as East Lake Community Park, though 15 acres were sold in 2008 to the Lake County School Board to provide space for Sorrento Elementary School. He elaborated that part of the transfer of the 15 acres included a joint use facility agreement which allowed the County to utilize the school’s infrastructure, such as parking, while the park was being constructed in phases. He stated that in 2013, the County opened the park for public use, and said that in the following years the County had made phased improvements to the facility, including athletic fields, lighting, and temporary parking areas. He said that in 2017, the BCC acquired 41 acres adjacent to the park, which is now called the Park Extension Property. He listed the following completed items as part of the park’s master plan on about 33 acres: three multi-purpose fields, which are now lighted; two youth baseball fields; three softball fields; and one restroom facility. He noted that there were three ballfields that would be lighted within the next two months, with the lighting funded by the new 2018 sales tax, and that this would complete the complex’s sports lighting plans. He stated that remaining items would be constructed in future phases as funding becomes available, and that an accelerated development phase would utilize the new sales tax recovery to allow construction of parking structures, vertical structures, buildings, and underground utilities. He said that the current meeting was important to coordinate with Fire Rescue teams and Library Services. He detailed information about the current East Lake County Library: stating that it is located on C.R. 437, south of S.R. 46; is approximately 5,000 square feet; contains a media room for community use; is currently under lease with the East Lake Chamber of Commerce for about $40,000 per year; opened in October 2000; and offers large annual community programs such as the Bluegrass Festival, Heritage Festival, the Annual Pumpkin Chunkin’ Contest, and numerous monthly youth and adult programs. He commented that East Lake Community Park is a centralized destination for school and recreational activities, and that the relocation of East Lake County Library to the park would increase use of the facility and allow more room for community programs.
Mr. Jim Dickerson, Lake County Fire Chief, indicated that the existing Fire Station 39 is located on Walton Heath Avenue in Sorrento, approximately a half mile from the proposed East Lake Community Park location. He described that the climate controlled area in the existing station is only 800 square feet, includes one bathroom that is not compliant with the Americans with Disabilities Act (ADA), has a small kitchen and dining area, and provides limited space for sleeping quarters. He mentioned that Fire Station 39 was constructed in 1983, and was designed for a volunteer staff. He opined that the station is inadequate for present day, full time staffing, and remarked that replacement of the current Fire Station 39 is listed under the Public Safety portion of the penny sales tax program. He relayed that the station had an increase of 11.8 percent for service calls between 2015 and 2016, and that the typical annual call increase in the county is between seven and nine percent. He added that because of the increased demand for emergency services in East Lake County, Fire Rescue was also seeking property in the area of Seminole Springs for an additional fire station, to meet the needs of rapidly growing areas nearby. He said that the proposed Hardened Fire Station at East Lake Community Park would house two fire units and one ambulance, would be suitable for replacing the current Fire Station 39 while providing adequate protection to the entire East Lake County community, in addition to the Sorrento and Mount Plymouth areas. He reported that combining the Fire Station 39 replacement and the proposed Fire Station 38 into a single new station would yield a savings of approximately $1.5 million to the County. He added that an internal feasibility study was completed, and determined that the East Lake Community Park location would be appropriate for Fire Rescue and Emergency Medical Services Unit deployment for all of East Lake County, including large developments such as RedTail. He reiterated that combining the Fire Station 39 replacement with the proposed Fire Station 38 would expand emergency services to the entire East Lake County community, and that the new location would have better access to Wolf Branch Road and all of the major county roads in the East Lake County corridor. He concluded that the East Lake Combined Fire Station 38/39 would enhance response times and prepare Fire Rescue for future growth in East Lake County, eliminate the need for an additional station in the surrounding area, result in a $1.5 million savings to the County, provide a constant security presence at East Lake Community Park, foster community involvement with both the library and Sorrento Elementary School, and allow for immediate Advanced Life Support (ALS) for visitors to the park.
Mr. Bonilla displayed a map of the East Lake Community Park master plan, stating that the quality of life projects, including parks, trails, libraries, and public safety initiatives through Lake Emergency Medical Services and Fire Rescue have led to this being a unique situation in East Lake County where all of these facilities and programs can be available at a single centralized location. He noted that the site was now 75 acres, which allows for future programs in the park expansion area. He reiterated that the park is adjacent to Sorrento Elementary School with a proposed library and Fire Station 39, and commented that the Wekiva Trail would connect to the park. He also noted that the park would connect to Orange County through the Neighborhood Lakes Trail by way of the West Orange and South Lake Trails, and that the park is also connected to Seminole County. He opined that having all of these features in one area would be meaningful and drive residents and visitors to Lake County. He remarked that combining these quality of life features would support the Lake County economy, tourism, safety and health, alternative transportation, recreation, and conservation. He relayed that the master plan had been presented to these members of the community: the East Lake Chamber of Commerce; the East Lake Historical Society; the Mount Plymouth Landowners League; the Friends of East Lake County Library; Community Redevelopment Agency (CRA) committees; and the general public. He mentioned that the master plan had been well received, and that in November 2017 the Parks, Recreation and Trails Advisory Board voted to support the East Lake Sports and Community Complex.
Ms. Lisa Durant, President of the East Lake County Chamber of Commerce and Director for the Lake County Soccer Club, mentioned that she periodically updates the BCC on the youth’s soccer club’s growth and the club’s use of East Lake Community Park. She commented that the Club’s Friday Night Soccer in Sorrento Program was currently serving over 550 children between the ages of two and fifteen. She invited the Board to visit and see how the unfinished park services several thousand people at one time, and praised the park’s staff for managing the high volume of visitors. She also praised the Office of Parks and Trails, and stated that the growth in East Lake County, enabled by S.R. 429, has led the soccer club to anticipate a need for additional soccer fields in Sorrento. She indicated support for the master plan from the East Lake Chamber of Commerce and the Lake County Soccer Club, and asked for the Board’s support in finishing the park in a timely manner.
Commr. Parks thanked Ms. Durant for her comments, and also praised the efforts of the County staff. He said that South Lake County and East Lake County are high growth areas, and that there were thousands of children looking for places to play sports. He commented that there are also many adults who want to participate in sports leagues.
Commr. Campione also thanked County staff for their discussion and well attended meetings on the subject. She noted a tremendous amount of community support to implement the master plan, and complimented the design integrating the library and fire station next to the park, Wekiva Trail, and Sorrento Elementary School.
Commr. Sullivan said that the park expansion would be timely with the Wekiva Parkway expanding into the area, and thanked Fire Service’s staff for their comments and proposed savings of $1.5 million.
On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the recommended master plan for the East Lake Sports and Community Complex; and the amended agreement with Bellomo Herbert and Company Inc., to update the 2011 design, engineering, permitting and construction bid documents, and to provide support services for the remaining park development phases (within the original park master plan); and authorize the Office of Procurement Services to execute all supporting documents in an amount not to exceed $97,598.
recess and reassembly
The Chairman called a recess at 10:04 a.m. for 16 minutes.
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 in accordance with the Florida Statutes. He stated that Tab 6 had been requested to be pulled until the April 10, 2018 BCC Regular Meeting.
On a motion by Commr. Campione, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved pulling Tab 6, Rezoning Case # 17-29-2 Clonts Grove PUD, until the April 10, 2018 BCC Regular Meeting.
Mr. McClendon mentioned minor changes to Tabs 1 and 4, elaborating that Tab 1 had a requested ordinance change to remove the second paragraph of Section 1, as it was not required, and noted that the applicant had agreed to convey the land necessary for a T-intersection for the emergency vehicle turnaround, along with providing monetary costs for those turnarounds. He continued that Tab 4 had a minor request to remove unnecessary language from the allowed uses section, and the applicant also submitted a utility waiver request.
Ms. Melanie Marsh, County Attorney, recommended that the Board disclose any ex parte contacts at this time.
Commr. Campione stated that she met with the owners and attorney from the Cross Tie Ranch case.
Commr. Parks disclosed that he had brief meetings with the representatives for the Bella Collina and Minneola Farm & Feed Supply cases.
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. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 5, with minor modifications to Tabs 1 and 4, as follows:
Tab 1. Ordinance No. 2018-10 and 2018-11
Rezoning Case # RZ-17-27-4
Cross Tie Ranch PUD Amendment
Amend Planned Unit Development Ordinance (PUD) 2000-12 by rezoning 455+/- acres to Agriculture zoning, with the approval of an ordinance amendment to PUD 2000-12 (Ordinance 2018-10) and a new Agriculture zoning ordinance (Ordinance 2018-11).
Tab 2. Ordinance No. 2018-12
Rezoning Case # RZ-17-31-5
Central Florida Bible Camp CFD Amendment
Amend Community Facility District (CFD) Ordinance #63-88 to add 22.73 acres of land for expansion of the existing Central Florida Bible Camp, increase the RV parking spaces, and include new buildings with the approval of a new CFD ordinance.
Tab 3.
Future Land Use Case # FLU-17-12-2
Bella Collina FLU Amendment Transmittal
Amend Comprehensive Plan (Comp Plan) Policy I-1.3.11 Bella Collina Future Land Use Category (FLUC) to include: a decrease in the maximum allowable density by reducing the total from 868 to 866 single-family dwelling units; convert two residential lots to allow for a free-standing restaurant and bar adjacent to the existing 100 unit lodge/hotel; dock and boathouse location criteria in accordance with a permit issued by the St. John’s River Water Management District (SJRWMD); a communication tower use; and Neighborhood Commercial uses, on designated Neighborhood Commercial (NC) Tracts.
Tab 4. Ordinance No. 2018-13
Rezoning Case # RZ-17-22-2
Minneola Farm & Feed Supply Rezoning
Rezone Planed Industrial (MP) zoned property to a Planned Commercial (CP) zoning district to allow for Neighborhood Commercial (C-1) and Community Commercial (C-2) uses to include a farm & feed supply store with outdoor storage as an ancillary use; in addition to revoking all previous approved zoning ordinances for this property.
Tab 5.
Comprehensive Plan Text Amendment Case #CP-18-02
Amend Lake County 2030 Comprehensive Plan to provide consistency with current Florida law.
public hearing – five cent fuel tax amendment
Ms. Lori Koontz, Road Operations Division Manager, Department of Public Works, presented information regarding the proposed levy of a five-cent local fuel tax as requested by the Board on January 23, 2018. She displayed a chart detailing funding sources available for transportation purposes, including the Transportation Trust Fund, road impact fee revenue, sales tax revenue, grants and aids, the General Fund, and the Municipal Service Taxing Unit. She indicated that Transportation Trust Fund revenue consists of state-shared and locally imposed revenues, and is authorized by Florida Statutes for these approved uses: transportation related expenses; road acquisition, construction, and maintenance; and debt service requirements. She commented that the County currently had a state-shared one-cent County fuel tax imposed on motor fuel, a two-cent state-shared constitutional fuel tax on motor fuel, and a locally imposed ninth-cent fuel tax that is one-cent on motor and diesel fuel and is shared 50/50 with the municipalities. She also noted a locally imposed six-cent local option fuel tax, and that this tax had been extended until December 31, 2043. She elaborated that the proceeds from the six-cent tax are shared with the municipalities through Interlocal Agreements, with the County’s share being 66.38 percent and the municipal share being 33.62 percent. She specified that the municipal share is further distributed based 50 percent on population and 50 percent on road miles maintained, providing an incentive for transferring county roads to cities. She stated that there is an additional one to five-cents of local option fuel tax on motor fuel available to levy. She remarked that the Transportation Trust Fund contributes to road and road-related maintenance to support the County maintained road network consisting of 1,391 roadway miles, 27 bridges, 197 sidewalk miles, and 20 guardrail miles, and that that the fund is unable to support any major capital improvement expenditure without affecting current maintenance operations. She also noted that the revenue increases an average of one percent to two percent per year. She displayed a graph showing Transportation Trust Fund revenue and expenditures from Fiscal Years (FY) 1987-2017, describing that the cash carry forward reserve balance was used in years in which expenditures outweighed the revenue. She displayed a map with a comparison of other Florida counties, noting that three percent of the pennies collected from locally imposed motor and diesel fuel taxes are state shared. She stated that Orange and Brevard Counties had adopted the six-cent local gas tax, that counties including Lake, Seminole, and Sumter Counties adopted both the six-cent and ninth-cent gas taxes, and that counties including Marion, Polk, and Osceola Counties used a six-cent, ninth-cent, and five-cent local option gas tax. She discussed that the proposed five-cent local option fuel tax was pursuant to Florida Statutes, was a one to five-cent tax on motor fuel and not diesel, and would be authorized by an ordinance adopted by a majority plus one vote of the BCC or voter approval in a countywide referendum. She discussed the proposed distribution of the tax, noting that proceeds would be shared with the municipalities, and that an amended and restated agreement for the local option fuel tax for all 11 cents was currently being reviewed by municipal attorneys. She said that the tax would be distributed in the same way as the six-cent local option fuel tax, and that the estimated total annual revenue for five-cents of additional taxes would be $6 million, with the County share equating to $4 million per year. She commented that the eligible expenditures for the proposed tax were pursuant to Florida Statutes to meet the capital improvements element of an adopted comprehensive plan, to meet immediate local transportation problems, and to be used for other transportation-related expenditures that are critical for building comprehensive roadway networks. She mentioned that the road projects shall be included in the capital improvements element of a comprehensive plan, and that eligible expenditures would be those deemed to increase capacity, such as construction of new roads, reconstruction or resurfacing of existing paved roads, and paving existing graded roads, though routine road maintenance would not be an eligible expense. She specified that road resurfacing would be an eligible expenditure of the five-cent local option fuel tax, and would have the most far reaching effect by addressing roads countywide. She explained that the countywide resurfacing program is developed annually based on the Pavement Surface Evaluation and Rating (PASER) system and funding availability. She elaborated that the countywide resurfacing project is included in the Five-Year Transportation Construction Program that is presented to the BCC each August, and is currently funded by Infrastructure Sales Tax. She mentioned available funding of $1.4 million in FY 2018, and stated that there would be $1.7 million of available funding in FY 2019-2021 and $2.1 million in FY 2022. She explained that the PASER system was developed at the University of Wisconsin-Madison, and uses a rating system of one to ten. She elaborated that a “ten” rated road is a newly constructed road, a “five” rated road is a road that is showing its first signs of aging, and a “one” rated road is in need of reconstruction. She showed pictures of two roads, with one being rated “ten” and the other rated “six”, noting that the “ten” was in excellent condition, while the “six” was in marginal condition. She showed another pair of pictures of roads rated “four” and “five”, stating that roads rated this way in the county are considered for resurfacing, and commented that while neither example would be a smooth surface, the “four” rated road was in worse condition due to an exposed face and unrepairable potholes. She mentioned that the average life cycle of an asphalt road is 20 to 25 years in ideal conditions, and that varying factors such as weather, traffic volume, appropriate drainage, and quality of original construction will impact the lifespan of a road. She specified that once a road reaches a “six” rating, it deteriorates more rapidly through its life cycle and generates increased calls for maintenance and higher repair costs, and that a road rated “six” and below is considered to be in the Area of Critical Concern as immediate attention is needed to preserve its condition. She specified that the county currently had 597 miles or 48 percent of its asphalt roads in the category of “six” or below. She displayed a chart showing the percentage of roads resurfaced according to the county inventory from 2012 to 2018, and said that the chart considered the square yards that were actually resurfaced, the funding availability, and the cost of asphalt. She detailed that in 2012, the County resurfaced 1.87 percent of the road inventory, and that 0.69 percent was resurfaced in 2018. She stated that the average road inventory for the years of 2012 to 2018 was 1.69 percent, and at this rate of resurfacing the county’s roads are maintained such that their lifespan extends nearly 60 years. She mentioned that the current inventory of roads rated a “four” after completing the current year’s countywide resurfacing project would be six percent or 75 miles, that the current countywide resurfacing project was underway, and that all of the roads in the plan for this year had been paved with the exception of a small intersection along C.R. 565A in South Lake County, which was on schedule to be completed. She elaborated that this project would consist of paving approximately nine miles at a cost of $1.4 million, and that after the current year’s program is completed there would be 75 miles of “four” rated roads including collector roads and neighborhood/local roads. She said that the estimated $4 million of revenue from the five-cent local option fuel tax could be used to resurface an estimated 65 of the 75 miles, and that the priority was being determined by traffic counts and funding. She explained that the road resurfacing benefits are both short and long-term, and include these outcomes: the preservation of the County maintained road network; improved road safety by reducing hazards; reduced maintenance required and lower associated costs by eliminating the services to repair potholes, rutting, and cracking; minimized complaints by improving the road’s ride and reducing noise; and the ability to implement a pavement preservation program that reduces long-term costs. She commented that with $4 million annual revenue from the five cent local option fuel tax designated for the Countywide Resurfacing Program, other infrastructure sales tax funds could be utilized on other projects, including widening projects, paving clay roads, adding paved shoulders, traffic signals and intersection projects, other projects within the 5-year road program, and transportation equipment and vehicle replacements. She indicated that the timeline for the referendum would begin on the current date of March 27, 2018, with a public hearing to amend an ordinance to add a five-cent local option fuel tax to the Lake County Code, authorize the special election, and grant approval to execute an Interlocal Agreement with the municipalities related to all 11 cents of local option fuel tax. She elaborated on the timeline by detailing these dates: August 31, 2018 would be the deadline for the final ballot to be delivered to the Supervisor of Elections; November 6, 2018 would be General Election Day; on August 2019 the Transportation Construction Program will be presented to the Board for approval, then processed as a text amendment to add the program to the Lake County Comprehensive Plan (Comp Plan) with local adoption only; and January 1, 2020 would be the start date for the term of the levy, if approved.
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF A FIVE-CENT LOCAL OPTION FUEL TAX IN LAKE COUNTY; PROVIDING FOR APPROVAL OF THE LEVY BY VOTERS IN A REFERENDUM; PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE FOR A PERIOD OF TEN (10) YEARS BEGINNING JANUARY 1, 2020; PROVIDING FOR THE ADMINISTRATION OF THE FUEL TAX; PROVIDING FOR THE FUEL TAX PROCEEDS TO BE DISTRIBUTED AMONG LAKE COUNTY AND THE MUNICIPALITIES; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2018; PROVIDING BALLOT LANGUAGE; PROVIDING FOR NOTICE OF THE SPECIAL ELECTION; PROVIDING FOR NOTIFICATION TO THE STATE OF FLORIDA, DEPARTMENT OF REVENUE; AUTHORIZING EXPENDITURES FOR INFORMING THE PUBLIC; PROVIDING FOR AMENDMENTS TO LAKE COUNTY CODE, CHAPTER 13, ARTICLE II; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING A CONFLICT CLAUSE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
Mr. T.J. Fish, a resident of Tavares, expressed interest in the approval of the ordinance so that the voters of Lake County would be able to voice their opinions about county road transportation. He remarked that the additional $4 million revenue that would be afforded to the County by this tax was needed to maintain existing roads, and opined that many of the county’s roads were in undesirable condition. He commented that resurfacing less than one percent of roads per year is not keeping up with the county’s needs. He also expressed concerns about road capacity, and opined that economic development efforts were being hindered due to an inability to construct necessary infrastructure that would support new job centers. He applauded the BCC’s recent work with the City of Minneola to extend Hancock Road to a new Florida’s Turnpike interchange, but expressed dissatisfaction at why the C.R.466A project in Fruitland Park had remained uncompleted and why Round Lake Road in Mount Dora was still being studied. He stated that there was a need for roads, and claimed there was not a simple answer. He indicated that the proposed tax was part of a portfolio of options, and expressed his support for the tax. He asked the BCC to consider similar economic development efforts for North Lake County as what was done in South Lake County, specifying the process of adjusting funding sources, such as the transportation impact fee.
Mr. Thomas Madden, a resident of Clermont, commented that Lake County needed road capacity. He noted a County commitment to keeping taxes low and spending funds wisely, but opined that collecting and spending money on road maintenance would be well received by citizens. He expressed an interest in putting the tax up for a vote.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Ms. Koontz read the requested action as follows: “To approve the ordinance and amend the Lake County Code, Chapter 13, Article II entitled “Gas Taxes”, to add a new section regarding the levy of a five-cent local option fuel tax pursuant to Section 336.025(1)(b), Florida Statutes, upon every gallon of motor fuel sold in the county and authorization of a special election; and approval and execution of amended and restated Interlocal Agreement between the County and municipalities relating to local option fuel tax.”
Commr. Sullivan stated that the BCC could participate in a four-fifths vote on the issue, though he suggested that the Board would be interested in citizen input and that placing it on a ballot would be the best way to present it. He opined that Lake County has a significant need for maintained roads, and noted that the availability and quality of roads garners public attention because they affect many facets of civilian life. He noted that impact fees are imposed on new subdivisions that affect both road capacity and the need for features such as roundabouts and traffic signals, mentioning that the County funds these items. He mentioned that conversations with the business community indicated their support for putting the tax on a ballot, though he expressed disappointment that, if passed, it would not be implemented until the year 2020. He mentioned great success in working with the State Legislature to address issues associated with growth in Lake County, such as a project with Citrus Grove Road where the Minneola Turnpike exchange was connected to U.S. 27, stating this was accomplished through strategic intermodal programs. He recalled that when the BCC renewed the sales tax, the funding was divided between several issues, and transportation was not receiving as much funding from it. He also highlighted that the tax would affect everyone using roads in the county, citing that 30 percent of sales tax revenue is contributed by individuals who do not reside within Lake County, and that the fuel tax option would allow revenue to be collected by individuals traveling through the county.
Commr. Campione asked about potential outcomes resulting from the tax being approved by voters, and inquired about the number of asphalt road miles rated at “six” or below being 48 percent of the county’s approximately 1,250 miles. She also asked if the 65 miles of resurfacing enabled by an additional $4 million per year would be annual.
Ms. Koontz confirmed that 48 percent of the county’s asphalt road miles were rated at a “six” or lower, and that the additional annual revenue of $4 million would allow approximately 65 asphalt miles to be repaved yearly.
Commr. Campione asked if the length of the referendum would be 10 years. She also inquired if road maintenance priorities would be set based upon which roads were in the worst condition and had the most traffic, and if they would be divided throughout the county. She also asked to clarify what percent of the roads would be resurfaced annually if the tax was approved, and mentioned providing voters with a list or map of roads and what category they were rated as.
Ms. Koontz confirmed that the referendum would be 10 years, and replied that traffic counts would indicate the highest priority roads before considering the availability of funding. She added that approximately five percent of roads could be resurfaced annually. She also stated that there was a map in the presentation showing roads scheduled for work, but it did not note their priority in the program.
Commr. Breeden asked if the Road Operations Division would bring forward a program for road maintenance, and asked if road priorities could be presented to voters.
Ms. Koontz replied that a program would be brought before the BCC annually, and that roads could be further prioritized for voters. She noted difficulties with the process, as priorities can change over time.
Mr. Cole asked, since the tax would not begin until January 2020, if projects able to be completed at that time could be proposed, with further priorities noted for after that date.
Ms. Koontz indicated that the Countywide Resurfacing Program is a moving program, and that the 75 miles of road currently rated a “four” are based on the previous year’s inventory. She mentioned that the County compiles an inventory every spring, and that there may be more “four” rated roads added to the inventory in the future. She mentioned that it would be difficult to forecast 2020’s inventory, but the list would continue to grow and be a part of the decision making process.
Commr. Parks asked if the ordinance would change if the County decided to dedicate one penny from the tax to maintaining sidewalks.
Ms. Marsh clarified that the tax cannot be used for sidewalks, and that Florida Statutes require it to be used for the repaving and resurfacing of graded roads. She added that the text for the ordinance was drawn from the Florida Statutes.
Commr. Breeden commented that the proposed tax may free other funds to be used for sidewalks.
Mr. Cole indicated that staff would evaluate a potential list of road ratings and priorities.
Commr. Campione remarked that some of the 48 percent of roads in the county rated “six” or lower are not heavily travelled, and recalled that staff would place greater emphasis on roads with higher traffic counts. She asked how the County would also maintain roads that are less travelled, as the issue affects a wide range of citizens.
Commr. Breeden commented that this was an area where the BCC could help set priorities for neighborhoods that need attention.
Commr. Campione suggested developing a methodology that would be fair and utilize citizens’ tax dollars to address their particular needs.
Commr. Blake stated that the average fuel consumption for a family was approximately 1,000 gallons per year. He said that this would total to an additional fee of approximately $50 per year if the new tax was approved, and that he preferred the issue be decided by voters. He expressed opposition to the tax, commenting that the additional $50 that families would have to pay could be used for other needs. He expressed an interest to reduce average tax burdens in other areas by a similar amount if the proposed fuel tax was approved by the BCC and voters.
Commr. Parks mentioned that the gas tax is what he would consider to be a fair tax, and reported that he was part of the County’s Transportation Task Force which had discussions with the Lake-Sumter Metropolitan Planning Organization about the gas tax and what it could enable. He commented that there was a great need for roads in Lake County, stating that the proposed tax is part of a group of options that had been recommended over time. He noted some concerns with the strategy and timing of the tax, though he complimented Commissioner Breeden for raising the issue. He indicated that he had not observed much support for the tax, and that some citizens have asked why roads cannot be built more cheaply. He also expressed concern that discussion about the tax had not occurred on stages across the county to allow residents to voice their opinions. He related that some of the public may already be in opposition to the tax if it is put up for a vote, and that a series of public workshops and cooperation with cities would be worthwhile. He stated an intent to vote against the tax in the current meeting as he opined that it would not pass in a public vote. He mentioned that workshops could include a historical perspective of the tax, address the high cost of road construction, and gather perspectives on citizens’ priorities for roads. He explained that these workshops could be coupled with discussions at city council meetings to identify the level of public support for the tax and help clarify its purpose to constituents. He concluded that this process would likely lead to citizens supporting the tax.
Commr. Breeden stated that approval at the current meeting would allow for necessary communication with cities and constituents in the future. She commented that the cities are aware of the tax, and that they have already received the accompanying agreements.
Ms. Marsh confirmed that the cities had received the amended and restated interlocal agreements, with one city having already approved it. She elaborated that the other cities were waiting to see what action would be taken in the current meeting.
Commr. Breeden said that approval in the current meeting would enable moving forward on the issue, and that she had heard support from a number of business people that approached her about the tax. She also mentioned that the federal government had been discussing an infrastructure plan with a 20 percent match of funding for state and local governments, whereas they normally provide a 50 percent match. She stated that the result would be a greater financial burden on local governments, and that the gas tax would help Lake County position itself with more resources to improve roads.
Commr. Campione noted frequent discussions where citizens asked about road maintenance. She indicated uncertainty about how voters will respond to the tax, but said that voters should make the decision, and that approving the item in the current meeting would enable those discussions. She expressed support for Commissioner Blake’s stance of a similar tax reduction, suggesting a potential reduction of property taxes to offset the fuel tax. She commented that gas taxes are collected from road use, and reiterated Commissioner Sullivan’s observation that the tax will collect funds from citizens of other counties.
Commr. Sullivan concluded that it had been a great discussion, and that the BCC would try to keep improving Lake County’s quality of life by considering different issues.
Commr. Campione asked how the tax’s wording would be presented on a referendum.
Ms. Marsh replied that the ballot language was in the ordinance that would be voted upon in the current meeting. She stated that the ballot language must be 75 words or fewer, and that staff tried to remain close to the Florida Statute when drafting the language.
Commr. Breeden asked Ms. Marsh to read the ballot language.
Ms. Marsh noted “Local Option Five-Cent Fuel Tax Referendum” as the ballot’s title, and read the ballot language as follows: “Should Lake County Ordinance 2018-8 approving the levy of an additional countywide local option five-cent fuel tax on motor fuel sold in Lake County for ten years be approved? Projects eligible for funding by the five-cent local option fuel tax would be construction of new roads, reconstruction/resurfacing of paved roads, paving of graded roads, or other uses allowed by Section 336.025(1)(b)(3), Florida Statutes.” She concluded that there would be a choice for or against the levy of a five-cent fuel tax.
Commr. Campione indicated an issue with the reference to the Florida Statutes, specifying that it was too open ended.
Commr. Breeden asked if the ballot language should clarify that the tax is not for diesel fuel.
Ms. Marsh replied that she could try to add that language, though the ballot was already nearing the 75 word limit. She explained that the language about other uses allowed by Section 336.025(1)(b)(3), Florida Statutes could be removed, but would give the BCC flexibility if another use, such as sidewalk maintenance, was added to the Statute later.
Commr. Breeden noted that the requested action states that the tax would be levied for every gallon of motor fuel sold in the county, and asked if the Statute specifies retail sales.
Ms. Marsh clarified that retail sales are not mentioned in that section of the Statute.
Commr. Campione opined that the proposed ballot language was still open ended, and commented that a voter may not be aware of the other allowable uses. She added that providing information to voters would help clarify those uses, and said that, as part of the information allowed to be provided by the County, there would be a section on the County website that describes the ballot language with a specific statutory reference.
Commr. Breeden asked Ms. Marsh to read the ballot language again, and asked if the language could be changed to replace the reference to Section 336.025(1)(b)(3), Florida Statutes, with the language “allowable by Florida Statutes”.
Ms. Marsh stated that this would be possible, though mentioned that the specific Statute was included so that voters could reference it directly.
Commr. Sullivan asked if the ballot language could be amended as “pursuant to Florida Statutes”.
Commr. Campione suggested that the ballot could list specific allowable uses alongside “other uses by Florida Law”.
Commr. Breeden agreed that educational information provided to voters would include the specific statutory reference.
Commr. Campione inquired about the deadline for this Ordinance.
Ms. Marsh responded that the ordinance must be provided to the Supervisor of Elections by August 1, 2018 in order to be added to the ballot. She reported that she had attempted to contact other counties that had imposed a similar tax to obtain their ballot language, and that she did not find any other counties who decided this issue by ballot. She added that the majority of counties had implemented the tax through a four-fifths vote.
Commr. Campione noted that the BCC had time to revise the ballot language at a later date.
On a motion by Commr. Breeden, seconded by Commr. Campione and carried by a vote of 3-2, the Board approved Ordinance 2018-8 amending Lake County Code, Chapter 13, Article II, entitled “Gas Taxes”, to levy a 5-cent local option fuel tax and authorizing a special election in which the electors of Lake County will vote as to whether such Ordinance shall take effect; and approval and execution of Amended and Restated Interlocal Agreement between the County and municipalities relating to Local Option Fuel Tax.
Commr. Blake and Commr. Parks voted no.
public hearing – vacation of cherry lake landings easement
Mr. Fred Schneider, County Engineer, stated that the City of Groveland had provided a written report for this vacation request, and that no letters of opposition or support were received. He displayed a map showing the location of the easement, noting that it was adjacent to S.R. 19 on Cherry Lake Road. He said that the City of Groveland had already approved a new subdivision and constructed a pipeline to a nearby lake from the road. He remarked that the City had also provided the easement, and that they would dedicate additional right-of-way on Cherry Lake Road. He mentioned that this vacation would help complete a necessary title form required before the developer could begin platting lots, and reported that staff recommended approval of the resolution.
Ms. Tina Lee, Starlight Homes, indicated that her company owned the new subdivision at Cherry Lake Landings. She offered to answer any questions.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Resolution 2018-32 to vacate a drainage easement in a new subdivision known as Cherry Lake Landings in the City of Groveland.
public hearing – impact fee amendments
Ms. Marsh 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 SECTION 22-7, LAKE COUNTY CODE, ENTITLED PAYMENT AND USE OF IMPACT FEES; AMENDING SECTION 22-11, LAKE COUNTY CODE, ENTITLED PREPAYMENT OF IMPACT FEES; CREATING SECTION 22-6, TO BE ENTITLED TRANSFER OF IMPACT FEES; PROVIDING FOR THE TRANSFER OF IMPACT FEES FOR WHEN A MOBILE HOME IS RELOCATED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved Ordinance 2018-9 amending Section 22-7, Lake County Code, entitled Payment and Use of Impact Fees, and Section 22-11, Lake County Code, entitled Prepayment of Impact Fees, and creating a new Section 22-6, to be entitled Transfer of Impact Fees.
appointments to the affordable housing advisory committee
On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved Resolution 2018-33 to reappoint Mr. Stephen Smith as a member under the category of Resident Who is Actively Engaged as a Not-For-Profit Provider of Affordable Housing, to the Lake County Affordable Housing Advisory Committee to serve a two-year term ending November 30, 2019; and approved a waiver of potential ethical conflict for Mr. Stephen Smith.
appointments to the elder affairs coordinating council
On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board appointed Ms. Kimberly Lanning as a District 3 representative, and Mr. David Nebel as an At-Large Member, to the Lake County Elder Affairs Coordinating Council to serve two-year terms beginning January 31, 2018; and approved a waiver of potential ethical conflict for Mr. David Nebel.
appointments to the library advisory board
On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board reappointed Mr. John Tucker as the Mount Dora Member, and Mr. Steve Berger as the Mount Dora Alternate Member, to the Lake County Library Advisory Board to serve four-year terms beginning March 1, 2018.
commissioners reports
commissioner parks – district 2
lake saunders baptist church rededication
Commr. Parks reported that he and Commissioner Breeden were in attendance for the Lake Saunders Baptist Church’s rededication in Tavares, and that it was a nice ceremony. He also noted that the church brought in Dr. Alan Holden as their new pastor, and that he would be great for them.
commissioner breeden – district 3
LAKE SAUNDERS BAPTIST CHURCH REDEDICATION
Commr. Breeden expressed that the Lake Saunders Baptist Church had a very nice service, and that Dr. Holden will be a great pastor.
LAKE CARES FOOD PANTRY VICTORY GARDEN
Commr. Breeden said that Lake Cares Food Pantry recently helped dedicate a new Victory Garden groundbreaking at Faith Christian Fellowship in Tavares. She added that the garden would be beautiful, and that Commissioner Campione was also in attendance.
commissioner campione – VICE CHAIRMAN AND district 4
lake emergency medical services transition meetings
Commr. Campione noted an upcoming public meeting at Summit Greens in Clermont on April 5, 2018 to provide information and answer questions about the upcoming Lake Emergency Medical Services changes. She also commented that there would be additional meetings at Kings Ridge in Clermont on April 9, 2018, and at Clermont City Hall on April 11, 2018 to discuss this issue.
wolf branch innovation district and city design criteria
Commr. Campione reported that she had attended a meeting in Mount Dora in the previous week with Dr. Richard Levy, who was jointly retained between the County and Mount Dora to help develop the Wolf Branch Innovation District. She described Dr. Levy’s thoughts that what happens around that district will be critical to success within it, noting issues such as transportation needs, development pressures, and a considerable volume of nearby citizens already living on large tracts that create a blend of rural and semi-rural land uses. She commented that future subdivisions will likely be approved by the City of Mount Dora because they are in the Joint Planning Area and the Future Land Use map as residential development. She expressed a desire for the BCC to lead on this issue and implement joint development criteria with the city that would help preserve existing characteristics of the area, citing a design criteria plan that Commissioner Parks had previously helped develop for the City of Montverde as a potential starting point. She described how design criteria could include guidelines for perimeter buffers, entrances, and landscaping for new subdivisions, and how this could create more attractive environments in Lake County. She opined that developers will not design subdivisions in this way unless it is mandated, and that guidelines could set a high bar for the area. She expressed the desire to work with staff to develop a design criteria for the Wolf Branch area, suggesting a preference for the decorative equestrian fencing that was already used in Sorrento. She mentioned that utilizing this type of design for all future neighborhoods in the area would help give it a unique rural feel, and commented that design criteria may be necessary to accomplish this goal, as densities have already been established.
Commr. Sullivan said that creating design criteria would be a great first step. He reported that he had recently attended a meeting of the Okahumpka community, and that they were concerned about The Villages expanding into their area. He stated that a design criteria for the Mount Plymouth/Sorrento area would be timely and represent community involvement and maintaining a quality of life.
Commr. Breeden asked if the BCC should talk to the City of Tavares about a similar design criteria process.
Commr. Sullivan remarked that the BCC should make this effort on behalf of county residents, and that while the Board cannot control what happens inside cities, they can still affect it.
Commr. Campione described how The Villages owns vast amounts of land, and can therefore implement large scale development schemes. She opined that these criteria help create a unique sense of place, but noted that it is uncommon for a single developer to exercise that level of control. She mentioned that it can be difficult to tie together the design of separate areas, and that design criteria can help accomplish this. She relayed that citizens in Mount Dora shared her concerns and gave positive feedback. She stated that Mount Dora has a unique downtown area, and the city is considering how to give character to the new Wolf Branch Innovation District.
Commr. Parks said that he appreciated Commissioner Campione’s comments, and expressed support for efforts toward a design criteria. He agreed that The Villages had successfully maintained design standards in their area, but noted that this was a rare situation. He stated that people want to live in unique places, and that planning in this way would be beneficial with the county’s growth. He mentioned that some cities are amicable to a design criteria approach in South Lake County, and expressed a desire to not allow growth pressures in East Lake County to prevent this type of development.
Commr. Campione mentioned that an item in Commissioner Parks’ design criteria for Montverde regarding 55+ communities that she would change would be to use low impact development criteria as an option to allow for an increase in density or lowering of common open space requirements.
Commr. Parks replied that those items were desired by the City of Montverde, and that each community is unique.
wekiva parkway opening
Commr. Campione mentioned that the upcoming Wekiva Parkway opening at the Mount Dora interchange would be on March 31, 2018.
Commr. Sullivan and Commissioner Breeden indicated that they would be in attendance.
c.r. 435 and wekiva parkway temporary interchange closing
Commr. Campione reported that the temporary interchange at C.R. 435 and the Wekiva Parkway was recently closed, and that she had been in contact with the Lake County Sheriff’s Department about traffic pattern changes. She commented that there were concerns from citizens regarding speeding and increased traffic, and relayed that a reader board and speed sign were installed. She opined that there would soon be dramatic changes in that area.
COMMISSIONER BLAKE – DISTRICT 5
keep lake beautiful clean up day in umatilla
Commr. Blake mentioned that he recently participated in a Keep Lake Beautiful Clean Up Day in Umatilla, and that it was a good experience.
commissioner sullivan – chairman and district 1
upcoming meetings
Commr. Sullivan said that there would be two upcoming meetings in the week, including a Lake-Sumter Metropolitan Planning Organization Governing Board meeting the following day, and a BCC Goals Workshop on Thursday, March 29, 2018.
leesburg high school boys’ basketball
Commr. Sullivan congratulated Leesburg High School’s boys’ basketball team for being the Class 6A State Champions for the second year in a row. He also said that their coach had been recognized as the coach of the year in education. He expressed interest in presenting a proclamation to the coach and team.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:41 a.m.
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timothy i. sullivan, chairman
ATTEST:
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NEIL KELLY, CLERK