A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 20, 2018

The Lake County Board of County Commissioners met in regular session on Tuesday, November 20, 2018 at 9:00 a.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; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Deputy Clerk, County Finance; and Josh Pearson, Deputy Clerk, Board Support.

INVOCATION and pledge

Pastor Brooks Braswell from First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.

investiture

Commr. Sullivan stated that an investiture service would be held to congratulate and swear in Commissioner Parks and Commissioner Campione.

Pastor Brian Hammond administered the oath of office to Commissioner Parks on his reelection as Commissioner to District 2.

Commr. Campione congratulated Commissioner Parks on his reelection.

Commr. Parks congratulated Commissioner Campione, and thanked his family and Pastor Hammond for their support. He shared an oath he wrote when he was first elected. He stated that the future of Lake County was most important to him as he served in local government, and he also thanked several citizens for supporting him. He expressed gratitude to the Constitutional Officers and remarked that he was ready to serve the citizens of Lake County and that the county’s future was bright. He said that he was looking forward to overcoming challenges and working with the Board of County Commissioners (BCC) to represent the citizens. He mentioned that there was a great staff and that Lake County’s government was working for the residents.

Circuit Judge James Baxley administered the oath of office to Commissioner Campione on her reelection as Commissioner to District 4.

Commr. Campione thanked her family for their support of her campaign. She also thanked the citizens who supported her, and she recalled that it was a challenging economic time for Lake County and the country when she and Commissioner Parks were first elected. She noted that they sought opportunities to grow the local economy and bring jobs to the county. She said that many great policies were enacted and that the staff allowed them to take action, and she commented that even more opportunities would be coming to Lake County due to the economy recovering. She expressed the County’s dedication to bringing high wage jobs and creating a prosperous place to live, and she also acknowledged the importance of protecting the county’s quality of life. She said that the recent shooting at Marjory Stoneman Douglas High School was unexpected and would affect the state from the standpoint of school safety. She noted that the County had to find funding to help the Sheriff react to this issue and provide deputies and school resources officers in all of the schools. She said that the county’s residents pulled together when they adopted the referendum which would provide a funding source for these officers in every public school in the county, along with hardening those facilities. She said she appreciated the work of the law enforcement agencies, as well as the Lake County School District for providing the guardian program. She thanked the County and residents for giving her an opportunity to serve.

Commr. Sullivan congratulated Commissioner Parks and Commissioner Campione and thanked them for their comments.

recess and reassembly

Commr. Sullivan announced at 9:27 a.m. that there would be a half-hour recess and a reception in the rotunda to give those in attendance an opportunity to personally congratulate the reelected Commissioners.

Agenda update

Mr. Jeff Cole, County Manager, requested that Tab 6 be pulled from the consent agenda, and specified that some additional details were required and the tab would be brought back at a future date.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 25, 2018 (Regular Meeting) as presented.

citizen question and comment period

Mr. Keith Totten, with One Team One Fight 4 PTSD, asked for the Board’s letter of recommendation for Private First-Class Derek Gibson, a Lake County resident who was killed in action in Baghdad, Iraq on April 4, 2007, to be memorialized on a segment of State Road (S.R.) 44. He stated that citizens should remember the sacrifices of men and women in the United States military and that some portions of S.R. 44 were currently dedicated to military personnel from Lake County.

Commr. Sullivan said that the BCC had done this on numerous occasions and that the process was managed by the Florida Department of Transportation (FDOT). He stated that with the BCC’s approval, he would be glad to support this item.

The Board thanked Mr. Totten for his request.

Commr. Breeden asked if this item would be placed on an upcoming agenda.

Commr. Sullivan confirmed this and commented that they would cooperate with their legislative delegation. He explained that there was specific legislation at the state level for this purpose.

Ms. Melanie Marsh, County Attorney, recalled that previously, the BCC had approved resolutions in support of these designations. She said that staff could prepare a resolution and bring it back to the Board.

proclamation 2018-161 for eye donor month

Commr. Campione read and presented Proclamation 2018-161 to Ms. DiAnn McCormack, with KeraLink International.

Ms. McCormack said that her organization had been in the county for approximately 40 years and was a bridge between eye donors and recipients. She thanked the BCC for recognizing November 2018 as Eye Donor Month to honor cornea donors and their families and to bring awareness to the transformative effects of corneal transplants. She relayed that each year, millions of people worldwide received corneal transplants and that in 2017, 84,297 corneas were provided for transplants in the United States with a greater than 95 percent success rate. She noted that many transplants had occurred in Lake County, though there was still a significant need for donors. She said that corneal transplants restore the lives of their recipients and that legally blind individuals had been able to return to work and a normal life after receiving the procedure. She commented that residents could register to become a donor at the Department of Motor Vehicles (DMV) or by joining the donor registry through the State of Florida’s website at www.donatelifeflorida.org. She mentioned that it was important to discuss becoming a donor with family members due to a necessary medical and social history evaluation which must occur before transplantation occurs. She concluded by thanking the BCC for their support.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved the Clerk of Circuit Court and Comptroller’s 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.

Lands Available List

Request to acknowledge receipt of property placed on the Lands Available List. Lake County has until January 23, 2019 to purchase property from the Lands Available List before it is available to the public.

City of Minneola Ordinances 2018-09 and 2018-08

Request to acknowledge receipt from the City of Minneola for transmittal package for Large Scale Comprehensive Plan Amendment Ordinance 2018-09 for 12.31 acres for parcels 06-22-26-0003-000-04700 and 06-22-26-0003-000-06300. Also included is Ordinance 2018-08 for the annexation and rezoning of the parcels.

Village Center Community Development District FY 18/19 Adopted Budget

Request to acknowledge receipt of the adopted budget for the Village Center Community Development District for Fiscal Year 2018/2019, which is being submitted in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.

City of Groveland Ordinance 2018-10-34

Request to acknowledge receipt from the City of Groveland for transmittal package for Comprehensive Plan Evaluation and Appraisal Report (EAR) Amendment Ordinance 2018-10-34.

Department of Economic Opportunity Final Order DEO-18-058

Request to acknowledge receipt of the State of Florida Department of Economic Opportunity’s final order DEO-18-058 pursuant to Section 380.05(6), Florida Statutes, approving land development regulations adopted by Lake County, Florida, Ordinance No. 2018-38. The Ordinance amends Appendix E, Chapter II, of the Lake County Code by modifying the definition of “Kennel”.

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 4 through 19, pulling Tab 6, as follows:

management and budget

Request retroactive approval of the application for funding assistance for the Edward Byrne Memorial Justice Assistance Grant - Countywide from the Lake County Sheriff's Office. The fiscal impact is $32,200.00 (revenue/expenditure).

Request approval of:

1. Year-end budget transfers for fiscal year (FY) 2018 in accordance with County Policy LCC-36, and Administrative Procedure pursuant to Section 129.06 (2)(A), Florida Statutes.

2. Two Unanticipated Revenue Resolutions amending the General Fund and the Transit Fund to receive unanticipated revenue in FY 2018.

The fiscal impact is $41,580.00 (revenue).

human resources and risk management

Request approval of Settlement and Release Waiver document for Claimant’s signature, and a Liability Claim settlement payment for injuries that occurred on August 29, 2014. The total fiscal impact is $50,000.00 (expenditure).

Request approval of a Settlement and Release Waiver document for Claimant's signature, and a Workers' Compensation Claim settlement payment for presumptive injuries that were related to the workplace. The total fiscal impact is $59,980.00 (expenditure).

ECONOMIC PROSPERITY

Visit Lake

Request approval of the Tourist Development Council’s recommendation to award $62,500 in Capital Project Funding to Lake Sumter State College (LSSC) for the Legends Way Ballfields Scoreboard Replacement Project; and authorization for the Chairman to execute the Capital Projects Funding Agreement with LSSC, subject to County Attorney review; and approval to process a budget transfer moving the funds out of reserves and into an expense account. The fiscal impact is $62,500.00 (expenditure). Commission District 2.

Request approval of a Collaborative Agreement with Orlando Health for the procurement, placement and maintenance of sunscreen and sunscreen dispensers at seven locations within Lake County. There is no fiscal impact. Commission Districts 1, 2, and 3.

PUBLIC SAFETY AND COMPLIANCE

Animal Services

Request approval and authorization for the Chairman to execute an Amended and Restated Interlocal Agreements for Animal Services with the Lake County Sheriff’s Office and the City of Umatilla and the Town of Montverde. There is no fiscal impact.

Public Safety

Request approval to reassign a contract for the rental of work uniforms from Lake Emergency Medical Services (EMS) to the Lake County Board of County Commissioners as part of the Lake EMS transition into the Office of Emergency Medical Services and Public Safety Support within the County organization. The estimated fiscal impact is $3,600.00 (expenditure).

INFRASTRUCTURE AND INTERNAL SUPPORT SERVICES

Procurement Services

Request approval to declare the items on the attached list as surplus, authorize their removal from the County's official fixed asset inventory system records, and authorize the Office of Procurement Services Director to execute any required title documents. The fiscal impact (revenue) cannot be determined at this time.

Public Works

Request approval to:

1. Authorize staff to submit a Pre-Disaster Mitigation Grant application through the Federal Emergency Management Agency eGrants system for the Royal Trails Flood Study Major Drainage Project 1B.

2. Authorize the Chairman to execute any supporting documentation within the application.

The fiscal impact is $1,123,397.00 (revenue - grant funded) and $280,849.00 (expenditure - 25% County funding match). Commission District 5.

COMMUNITY AND TECHNICAL SUPPORT SERVICE

Community Services

Request approval to accept an agreement with the Florida Department of Economic Opportunity for a Technical Assistance Grant to perform a Master Plan Study in the Mt. Plymouth-Sorrento Community Redevelopment Area. The fiscal impact is $30,000.00 (expenditure - TIF Funds). Commission District 4.

Request approval of grant funding for two organizations that submitted applications through the Children's Services Council Grant Request for Proposal process, and authorization to execute the corresponding agreements with the Children's Home Society of Florida, Inc. and Lake Sumter Children's Advocacy Center, Inc. The total fiscal impact is $21,311.00 (expenditure).

Library Services

Request approval to adopt the Lake County Library System Annual Plan of Service, Combined Operating Budget, Lake County Library System Certification and Grant Agreement for State Aid for fiscal year 2019. The fiscal impact (revenue) cannot be determined at this time.

Parks and Trails

Request approval to award Contract 19-0408 to Faithworks Total Ground Maintenance, LLC (Mount Dora, FL) for McDonald Canal Boat Ramp Landscape Maintenance and Related Services and authorize the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $38,400.00 (expenditure). Commission District 3.

Request approval to award Contract 19-0401 to Tom’s Playground of Central Florida (Eustis, FL) for the delivery and installation of sand to various parks within Lake County on an as-needed basis and authorize the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $25,000.00 (expenditure).

public hearings: REZONING

rezoning consent agenda

Mr. Tim McClendon, Director for the Office of Planning and Zoning, displayed the advertisements for that day’s rezoning cases on the overhead monitor in accordance with the Florida Statutes. He asked for the BCC to accept the consent agenda as presented.

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, as follows:

Tab 1. Ordinance No. 2018-53

Rezoning Case # RZ-18-11-3
Great Scott’s RV Park
Rezone 53 acres, a portion of property identified as Alternate Key Number 3874568 (197.31 total acres), to Planned Unit Development (PUD) to facilitate the development of a recreational vehicle (RV) park with primitive campsites and cabins.

Tab 2. Ordinance No. 2018-54

Rezoning Case # FLU-18-05-2

Hartwood Marsh Future Land Use Map Amendment – Adoption

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category on 115.89 acres (Alternate Keys 1663521, 3853084, and 1462428) from Wellness Way 1 to Urban Low Density.

Tab 3. Ordinance No. 2018-55

Rezoning Case # FLU-17-11-1

Walker Property Future Land Use Map Amendment – Adoption

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category on approximately 40 acres (Alternate Key 3335708) from Wellness Way 3 to Urban Low Density.

Tab 4. Ordinance No. 2018-56

Rezoning Case # RZ-17-30-1

Walker Property PUD Rezoning

Rezone approximately 40/02 acres (Alternate Key 3335708) from Agriculture (A) to Planned Unit Development (PUD) to facilitate the development of a residential subdivision.

Tab 5.

Walker Property Access/ROW Agreement

rezoning regular agenda

Tab 6.

Rezoning Case # RZ-18-13-5

Rite of Passage Rezoning Amendment

Amend Community Facility District (CFD) Ordinance No. 2009-54 to allow for educational services, vocational training, life skills development, recreational opportunities and family services to developmentally disabled youths on approximately 39.85 acres located on Jane Lane in the Paisley area.

Tab 7.

Rezoning Case # RZ-18-15-1

Hilochee Partners – Montevista Road Rezoning

Rezone approximately 284.84 acres from Agriculture (A) to Planned Unit Development (PUD) to facilitate the development of a twenty-nine (29) lot subdivision.

Tab 8. Ordinance No. 2018-57

Rezoning Case # RZ-18-14-1

Living Message Church CFD Rezoning

Rezone 4.01 acres from Light Industrial (LM) to Community Facility District (CFD) to facilitate the development of a Comprehensive Transitional Residential Facility that will provide semi-permanent housing and life management skills training services.

Tab 9. Ordinance No. 2018-58

Rezoning Case # RZ-18-07-4

Gupta & Tayal Rezoning

Amend Ordinance #2016-46 with a new ordinance to rezone the subject property from Community Facility District (CFD) to Planned Unit Development (PUD) in order to facilitate development of an Assisted Congregate Living Facility (ACLF)/Nursing home with limited commercial uses.

rite of passage rezoning amendment

Mr. McClendon explained that rezoning case #RZ-18-13-5, Rite of Passage Rezoning Amendment, was located on the west side of Jane Lane, was approximately 4,000 feet north of County Road (C.R.) 42, was located in Commission District 5, and had a tract size of approximately 40 acres. He said that the current request was to amend the current Community Facility District (CFD) Ordinance 2009-54 to allow for youth educational services, vocational training, life skills development, recreational opportunities and family services. He identified the current zoning as CFD within the Rural Future Land Use Category (FLUC), and he noted that the previous facility had been utilized as an athletic training facility which included dormitories, athletic fields, etc. He stated that the current request was to add educational and vocational facilities for developmentally delayed individuals as an additional use, and he relayed that the Planning and Zoning Board recommended approval of the case. He commented that the request was consistent with the Comprehensive Plan (Comp Plan) and the Land Development Regulations (LDRs), and the requested action was to find the request consistent with the Comp Plan and to accept the Planning and Zoning Board’s recommendation.

Commr. Breeden asked if there were any plans for adding fencing around the property.

Mr. McClendon replied that it had been discussed at the Planning and Zoning Board hearing and that no motion was made for this condition.

Commr. Campione asked if there were concerns about the proposal.

Commr. Blake indicated that the neighbors of the property had contacted him about the request.

Mr. Mike Cantrell, Executive Director of the southeast region for Rite of Passage, said that Rite of Passage was a national organization which worked with developmentally delayed children with an intelligence quotient (IQ) between 60 and 70. He explained that these children were involved in the Department of Juvenile Justice (DJJ) system and were low level offenders within the system. He said that the children had committed nonviolent offenses and required the services of his organization. He elaborated that they would provide education, vocational training and work with families, and the organization would continue investing in the children after they leave the site. He stated that they had a foundation which had donated over $1.2 million over the past six years for children to continue their education through college and that successful program recipients would be eligible for this scholarship; furthermore, this funding would escalate each semester to help encourage the children to remain enrolled in school. He expressed an understanding of the nearby residents’ concerns and indicated that he had met with community members to ease their concerns. He commented that residents were invited to be part of a community advisory board for the facility and participate in events to help minister to the children. He requested approval to move forward and he opined that the request was good for Lake County by creating 43 jobs and that it was good for the children. He said that these were children which required an opportunity to improve in education and to learn the necessary skills to be successful and productive members of society. He noted that there would be a licensed therapist, direct care staff, and job training. He elaborated that there would also be five vocational tracks to help the children learn a marketable skill, and he expressed hope that the request could be approved and that the hired residents could be part of the program’s growth.

Commr. Campione inquired if there was a certain number of children which would not be exceeded. She also asked if fencing was considered and if other Rite of Passage facilities were fenced.

Mr. Cantrell replied that they would not exceed 42 children. He said that some Rite of Passage facilities had fencing, though it was a staff secure program. He commented that research had found that treating children behind razor wire fences could create a prison or jail mentality within them. He said that children were thriving more in normative environments, and he relayed that the staff was trained to interact and intervene with the children. He noted that there would be checkpoints throughout the property, along with count systems and motion sensors on doors and windows to ensure the safety of the children and staff.

Commr. Breeden asked about the minimum and maximum age of the children.

Mr. Cantrell replied that they would generally range from the ages of 12 to 17. He said that children who turned 18 were considered adults, though there could be some circumstances, such as the child being in progress of finishing their high school education, where they would remain in the program. He explained that when a child left Rite of Passage, the organization wanted them to either be employed, enrolled in college or enlisted with the military. He added that children needed to leave the facility with a plan and that staff was trained to work with the children, their families and the community to execute those plans.

Commr. Breeden asked which vocational tracks would be utilized.

Mr. Cantrell responded that these vocations would be offered: small engine repair; culinary arts; Microsoft certification training; and lifeguarding, with welding being included in the second year of the program. He also mentioned that a representative of the Florida Forest Service was present at the previous Planning and Zoning Board meeting who indicated no objections with the request and also a desire to cooperate with Rite of Passage to provide training for forest related jobs.

Commr. Breeden inquired how many staff members would be onsite at nighttime.

Mr. Cantrell said that there would be a minimum of eight staff at night and that all of the children would be in the same building.

Commr. Blake asked about how far the nearest residence was from the site’s property boundary.

Mr. Cantrell replied that it was across a nearby lake and that those property owners owned about half of the lake.

Commr. Parks asked if the safety measures would include security cameras, and Mr. Cantrell confirmed this. Commr. Parks also encouraged him to coordinate with Lake Technical College.

The Chairman opened the public hearing.

Mr. Michael Huddleston, an attorney who had been retained by the adjacent property owners, said that his clients’ property abutted the facility. He commented that the previous facility was originally granted an ordinance for a temporary dormitory facility and training camp for youth football and that this was within the allowable uses for a CFD zoning district. He remarked that Rite of Passage’s proposed facility was created by the DJJ and that the children there would be adjudicated delinquents; furthermore, the children would have had to been found guilty or with guilt withheld for either a felony or three misdemeanors before becoming eligible for the facility. He opined that these were not students, as defined in the original zoning ordinance, due to being adjudicated by the DJJ and placed in the facility by a judge. He also opined that children from throughout the state would be coming to the facility and that this would not help the local community. He explained that there were four levels of restrictions which a judge could find for a child after they are first adjudicated of committing a criminal offence and are found to have committed a felony or three misdemeanors. He elaborated that if the judge found that the child is of minimal risk to other people, they are allowed to stay on house arrest. He said that if they are found to be of a low or moderate risk to the community, they would be placed into a non-secure residential facility which can hold up to 90 people. He commented that the proposed ordinance was written such that there could be 90 convicted felons inside the facility for up to one year near the adjacent property owners. He remarked that Florida Statues stated that a facility at this commitment level should have 24 hour supervision, custody, care and treatment of residents who are at a low or moderate risk. He opined that the ordinance would not prevent the facility from housing high risk or maximum risk children, and he said that these uses were not included under the property’s land use. He said that at a community meeting, Rite of Passage had presented an inconsistent number of children to be housed, and he opined that the children’s IQ would prevent them from joining the military or enrolling in college. He said that the facility’s educational services would be monitored and provided by Lake County and that this would create an additional burden on residents. He reiterated that the permitted uses such as life skills and counseling services were to be administered to students, rather than adjudicated juvenile offenders, and he said that Rite of Passage would be paid for each child housed there. He also noted that the previous ordinance specified that the dormitories would be temporary and that the proposed ordinance would be increasing that use. He opined that the proposed ordinance would not prevent the facility from becoming a prison, and he expressed concerns about children endangering nearby residents if they attempt to leave the site. He reiterated that the ordinance did not mention that the children would be adjudicated delinquents, and he indicated a concern about the length of time it would take for law enforcement to find an escaped child when considering the amount of empty acreage near the site.

Commr. Blake asked about the distance to the nearest residence from the border of the property.

Mr. Huddleston replied that the adjacent property owners had about 100 acres next to the property and that their house was about 1,000 feet from the property line. He elaborated that the Deerhaven community would be on the other side of the neighboring residents’ property, about one quarter to half of a mile from the subject property. He added that Rite of Passage was not hiring nearby residents to work at the facility.

Mr. Andrew Grüb, an adjacent property owner, said that he moved to his property for its safety and that there had previously been football camps on the subject property for two or three months per year. He opined that there would be young criminals moving there and said that his family would feel endangered by their presence. He commented that Rite of Passage would be paid $238 per bed for a total of about $3.8 million per year and that the proposed facility would be for profit. He also expressed concerns about the effect on property values and that the children could be violent offenders.

Ms. Valeri Grüb, an adjacent property owner, reiterated that the previous zoning was temporary and that it would now be permanent. She said that she would be concerned for the safety of her family and opined that approving the facility would not improve her quality of life.

Ms. Barbara Nagy, a resident of the Deerhaven community, said that the facility had been accessed by Jane Lane, which was a small forestry road off of C.R. 42. She mentioned that Deerhaven only had one paved road to access the community and that Jane Lane could be an alternative route during an emergency; however, it was a dirt road, and having 42 employees, along with service and food vehicles could negatively impact it.

Ms. Rebecca White, Clinical Director for Rite of Passage, said that she wanted to give children another chance after they had made mistakes and opined that there was a misunderstanding about the residential system for these individuals. She stated that the facility could help the community and that they would be providing children with education and treatment.

Ms. Montae Ellis, a supervisor with Rite of Passage, said that she had worked with juveniles for a number of years. She opined that the children should be considered students due to the education which they would be provided and she said that most of the facility’s employees would be residents of Lake County. She felt that the children should be rehabilitated, that the camp property would be of a high quality, and that the staff was experienced in juvenile justice.

Commr. Campione asked about the education process.

Mr. Cantrell stated that they were working closely with the Lake County School District and that the school district had decided to contract with Rite of Passage to operate the education program at the proposed site. He noted that Rite of Passage was currently operating educational programs in Madison County and was developing a charter school there. He felt that Lake County would benefit because the school district would receive 10 percent of the funding for the students and Rite of Passage would receive other funds to hire the teachers and to install computer programs.

Commr. Blake asked about the students having three misdemeanors or a felony offense.

Mr. Cantrell stated that the children were nonviolent offenders and that they were considered to be students. He commented that they would not be able to house 90 children and that there would be a limit of 42 children. He noted that Rite of Passage facilities had a 68 percent success rate and that the programs emphasized safety, security, caring relationships, assessing the children to understand their needs, and skill acquisition to allow them to be successful. He stated that the most important goal of Rite of Passage was goal attainment, such as enabling a child to receive a high school diploma or reunite with their family. He said that a higher level of offender could not be housed at this site and that it would be irresponsible for Rite of Passage and the DJJ to consider this. He remarked that the housed children were at a risk level where they could be trained to be productive citizens and that Rite of Passage’s 68 percent success rate was considerably higher than the national average for programs targeting this population. He indicated that Rite of Passage conducted approximately 44,000 hours of community service in the country in the previous year and that the children could give back to Lake County.

Commr. Blake asked to confirm if any of the children there would have a history of violent behavior.

Mr. Cantrell replied that they may house children with assaults in their background and who may have engaged in physical contact at school. He explained that these children may begin with truancy, probation, and a subsequent violation of those probation charges. He said that due to being developmentally delayed, many of these children had been bullied at school and reacted with physical force. He reiterated that Rite of Passage would not service high and maximum risk children.

Commr. Breeden inquired about the highest risk level that would be serviced, and Mr. Cantrell said that it would be low to moderate risk children.

Commr. Parks asked if the Board could add a restriction in the ordinance to specify which risk level of children could enter the facility.

Mr. Cantrell expressed that it would be acceptable to specify a maximum of 42 beds and a requirement to help maintain Jane Lane.

Ms. Marsh clarified that in the ordinance, the BCC could limit the number of beds, add transportation requirements, and limit the children to nonviolent offenders in the low and moderate risk levels.

Mr. Cantrell said that the restriction on the offenders which could be housed there would also be acceptable and that the program was designed to only serve low and moderate risk children.

Mr. Mark Brionez, with Brionez + Brionez, P.A and representing the applicant, suggested adding a limit of 42 beds to the ordinance as part of the permitted land uses. He added that Rite of Passage would be willing to modify the ordinance as necessary.

Mr. Billy Stark, DJJ Regional Director for the northeast region, said that his organization would oversee Rite of Passage’s operation at this site. He indicated that Rite of Passage had already developed an agreement with the Lake County School District to allow them to conduct education there. He relayed that there were no plans with the DJJ to increase the facility above 42 beds and that the DJJ could not admit high or maximum risk children to the program. He said that there were specific facilities for those offenders and that the DJJ did not have a capacity of 90 beds for the subject property. He commented that the program would be considered non-secure and that the children there would have been properly assessed and designated to be monitored in a non-secure environment. He commented that it would be staff secure and that staff would be responsible for monitoring the children and providing treatment and recreation services. He mentioned that at this site, there would be multiple opportunities for the children to receive treatment services and that they could be treated to return to their communities. He remarked that Rite of Passage had been known to provide significant family support and that children from Lake County could be admitted to the facility.

Mr. Rick Ault, a concerned citizen, opined that similar facilities he was familiar with were located within industrial areas and that children could escape from them. He expressed concerns for the nearby residents and felt that the same services could be administered in an industrial area.

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

Commr. Campione recalled a similar proposed facility in the City of Umatilla and opined while it is important to help children, the zoning case should be considered from the standpoint of nearby property owners and if the area is appropriate for the proposed use. She commented that these types of ordinances must be specific about the allowed uses of the property and the level of offense for the children coming there. She relayed that changes were made to the facility in the City of Umatlla without the City’s knowledge and that they were then able to receive high risk students. She expressed that she would not be supporting this request, and suggested that if it was approved, there should be limitations on the number of students, limiting the offense level of the students to low and medium risk, and that a student escaping would cause the conditional use permit (CUP) to be brought back for revocation. She expressed support for the staff at these facilities but reiterated her opinion that this was not the correct location.

Commr. Breeden asked if the case in the City of Umatilla had an ordinance with specific language.

Commr. Campione replied that certain items in the ordinance could have been more specific and that referring to the children as students did not raise the appropriate concerns.

Commr. Blake expressed empathy for Rite of Passage’s programs and also recalled another facility which had been approved by the County and later changed its operations. He indicated that he would not support the request and he suggested that if it was approved, to cap the number of beds at 30 and to require a fence around the property. He also advocated for only housing low risk offenders adjacent to a community.

Commr. Parks said that he appreciated Rite of Passage’s efforts and that society must address these issues. He opined that the program required more vetting to determine the specificity of the agreement and that he was not necessarily opposed to the request, but reiterated that it could be vetted further. He suggested a possible continuance for the case and he noted the importance of specifying which level of offender would be housed there. He commented that he could potentially support the request if more specific information was provided.

Commr. Blake disclosed that he met with the applicants and also exchanged emails with some of the nearby residents.

Commr. Sullivan said that Lake County was part of a larger community and that this service was a need throughout the state. He opined that the subject property was the correct location for the program.

Commr. Breeden inquired that if the request was denied, what would be the process if the applicant sought to bring it back at a future date.

Ms. Marsh replied that a denial would prevent the item from coming back for a minimum of one year and the application would have to display a substantial change in the project.

On a motion by Commr. Blake, seconded by Commr. Campione and carried by a vote of 3-2, the Board denied Tab 6, Rezoning Case #RZ-18-13-5, Rite of Passage Rezoning Amendment.

Commr. Sullivan and Commr. Parks voted no.

Hilochee Partners – Montevista Road Rezoning

Mr. McClendon said that there was a request from the applicant to continue rezoning case #RZ-18-15-1, Hilochee Partners – Montevista Road Rezoning. He elaborated that they had engaged with a new attorney and wanted to redraw their concept plan, in addition to holding a community meeting with nearby residents. He said that it was the Board’s discretion whether to grant the continuance request and that staff was ready to proceed with either outcome.

Commr. Sullivan noted that there were a number of citizens who wished to speak on this item. He disclosed that he had met many citizens who opposed the case and opined that he would like to move forward with the request.

Mr. McClendon stated that a continuance would be for 30 days to the December 18, 2018 BCC meeting.

Commr. Breeden opined that she was not opposed to the continuance, but had some thoughts to share with the applicants. She disclosed that she had met with Mr. Michael Randall and Ms. Alyne Randall, two residents who opposed the application.

Ms. Marsh informed the Chairman that he could also open the floor for public comment pertaining to the continuance only.

Commr. Parks disclosed that he had also met with some of the residents and that he wanted to protect the Green Swamp. He noted that the Board had generally been consistent in granting at least one continuance request and that he would be in favor of this if the applicant was willing to cooperate with the community. He said that the applicant would be increasing the number of units through a density transfer and that the BCC could potentially address this practice within the Green Swamp.

Commr. Campione agreed that the Board had traditionally honored one continuance request per case and she said that the two parties could possibly cooperate to find a middle ground solution for the request. She noted that it was not a land use change and that the applicant was requesting a rezoning which was permitted by the Lake County Code. She opined that the parties should consider that the request could be approved if it was to move forward at the current meeting. She commented that the rules for the Green Swamp may need to be changed and that there was now some opposition to them.

The Chairman opened the public hearing pertaining to the continuance only.

Mr. Michael Randall, a concerned neighbor of the development, said that the applicant had been working with the County for several months and that the residents had requested consideration for less density and for cooperation between the applicant and the community at the Planning and Zoning Board meeting on October 31, 2018. He recalled that the Chairman of the Planning and Zoning Board asked staff to comment on a presentation that he gave on behalf of the neighbors, though they responded that the staff report was final. He stated that after that Planning and Zoning Board meeting, residents met with the applicant, who indicated that they would like to cooperate and to provide their joint support in advocating that the County should allow less open space but keep the same number of lots so that the lots would be larger. He expressed that this was not the neighboring community’s position and that the applicant was unwilling to address the citizens’ concerns. He commented that the residents were amicable to conservative development in the area and were supportive of clustered design, though wanted it to be conducted in a responsible way. He mentioned that the Green Swamp was important for the Florida Aquifer and that presenting the residents’ case at the current meeting could clarify their positon to the applicant. He opined that denial would require an additional 12 months before the case could be brought back and he said that the Lake County School District had verified that there would be capacity in the area in the year 2021. He stated that if the BCC felt that a continuance was the best option for the County, the applicant and the community to work together, the residents would accept this and would like to be involved in all communications. He added that the St. Johns River Water Management District (SJRWMD) and the Department of Economic Opportunity (DEO) could also be included.

Mr. Ault opined that a continuance would not be appropriate due to community taking time to attend the current meeting. He felt that if the BCC did not want to hear the case today, they should withdraw the application and restart the process in cooperation with the community.

Commr. Breeden felt that granting a continuance would be the fairest option and that she had some issues with the requested action; specifically, she questioned the right of way for the entrance, the density and the allegations that the current owners had altered the flow of water through the wetlands there. She clarified that the Board did not have jurisdiction over the water issue and she mentioned that in the previous week, she informed Mr. Randall that the applicant would likely request a continuance.

Commr. Campione relayed that staff had attempted to notify the residents of a possible continuance and she reiterated that a single postponement had typically been granted as a courtesy to the applicant. She felt that it would be in everyone’s best interest to delay the case for 30 days.

Commr. Parks added that if the Board were to continue the case, the residents should be involved and the DEO and the SJRWMD could potentially be included.

Mr. Rick Hartenstein, the applicant and the Project Planning Manager for Wicks Engineering, said that they were requesting the continuance so that they could meet with the residents for their suggestions. He also expressed a desire for additional time to request legal clarification from the County for the project’s density.

Ms. Alyne Randall, a concerned neighbor of the development, expressed that continuing the case for 30 days would move it close to Christmas and that many citizens may not be able to attend the hearing.

Commr. Parks asked if continuing the case for 60 days would be preferable, and Ms. Randall and Mr. Hartenstein both expressed that this would be agreeable.

Ms. Marsh clarified that this BCC meeting date would be January 29, 2019.

Commr. Campione asked staff to answer any questions regarding the legalities of any proposed changes to the plan or suggestions from residents.

Commr. Parks expressed appreciation for the applicant wanting to meet with the residents.

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

On a motion by Commr. Parks, seconded by Commr. Campione and carried by a vote of 4-1, the Board continued Tab 7, Rezoning Case #RZ-18-15-1, Hilochee Partners – Montevista Road Rezoning until the January 29, 2019 BCC meeting.

Commr. Sullivan voted no.

recess and reassembly

The Chairman called a recess at 11:30 a.m. for 10 minutes.

Living Message Church CFD Rezoning

Mr. McClendon explained that regarding rezoning case #RZ-18-14-1, Living Message Church CFD Rezoning, staff received a letter from an opposed citizen who requested to continue the hearing until the December 18, 2018 BCC meeting due to their inability to attend the current meeting. He indicated that the citizen had submitted the letter as part of the record.

Commr. Breeden asked if it was the Board’s practice to issue a continuance regardless of which side requested it, and if continuing the case would negatively impact the applicant.

Commr. Campione responded that it had generally been at the applicant’s request.

Mr. McClendon said that the LDRs would allow the Board to grant the continuance request for additional public input.

Mr. Brian Broadway, the applicant and Chief Executive Director of Living Message Church, indicated that he had been closing on the property for five months. He elaborated that his organization had also paid approximately $8,000 for environmental fees and that because the closing date had been changed three times, the owner would have the option to take the escrow if the property was not closed on by November 30, 2018. He said that the escrow had been funded by organizations such as Publix, Walmart, the Community Foundation of South Lake, and United Way, and that their donations would be lost if the case was continued to the next month.

Mr. Cole clarified that the proposed continuance would be until the December 4, 2018 BCC meeting.

The Chairman opened the public hearing pertaining to the continuance only.

Ms. Sandy Simmonds, the realtor working with Mr. Broadway, said that there had been a contract in place since May 2018 and that the seller accepted the lowest risk financial loss if the property was not closed on by November 30, 2018. She elaborated that the seller would be able to keep the $5,000 escrow and that the funds which were to be utilized for the phase one environmental study would be lost. She commented that there was no guarantee that the seller would agree to extending the contract if the case was postponed.

Ms. Renee Young, the owner of the property, said that it was her understanding that the applicant would utilize the property for a church affiliated use and opined that his intentions for the site were not made clear. She stated that if the realtor would have advised her of the temporary modular housing use, she would not have agreed to it. She felt that this form of housing was inconsistent with the surrounding area’s single family residential homes.

Ms. Audrey Williams, a neighbor of the development, expressed support for a continuance because the residents did not have a clear understanding of the facility’s intended use. She opined that the facility would not benefit the community’s residents and she reiterated that residents desired more time to learn about the proposed facility. She said that the owner had relayed to her that no money had been exchanged and that they would be willing to postpone the closing.

Ms. Young clarified that all information had been provided to the realtor and that the realtor’s broker had been assigned to manage the process.

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

Commr. Sullivan felt that the proposed continuance would be acceptable due to there being a large number of citizens who opposed the case and who desired additional information.

Commr. Parks disclosed that he had met with the applicant and with Mr. Michael Herrera, Executive Director for the Community Foundation of South Lake, about this case. He said that he would like to hear the case due to the possibility of the applicant losing the property if it was continued.

Commr. Campione also expressed support for hearing the case and said that it could be indicative of future transitional housing proposals in the county.

Mr. McClendon then presented the case and said that the property was located adjacent to Douglas Road and north of McKinnon Street within the City of Mascotte and Commission District 1. He noted that the tract size was approximately four acres and that the request was to rezone the property from Light Industrial (LM) to CFD in order to facilitate a comprehensive transitional residential facility. He relayed that the FLUC was Urban Low and that the existing LM zoning was not appropriate for the proposed facility. He explained that the proposed comprehensive transitional residential facility was most similar to the comprehensive transitional educational facility within the Lake County Code, which was defined in the LDRs as a group of jointly operating centers which provide educational care, training and rehabilitation services. He said that the facility would offer semi-permanent housing and life management skills training and that the concept plan showed that the applicant intended to construct four buildings with eight units each. He clarified that these units were not identified as residential dwellings because they did not meet the definition of a dwelling, and he remarked that densities would not be relevant to this application. He commented that the zoning would be consistent with the LDRs and reiterated that the proposed use was similar to a comprehensive transitional residential facility, which was permitted within the CFD zoning district; furthermore, the proposed use was also consistent with the Comp Plan. He recalled that the Planning and Zoning Board recommended approval of the application, and he displayed an image of a unit’s layout. He read the requested action to find the request consistent with the Comp Plan and to approve the requested zoning to CFD.

Mr. Broadway explained that the Find, Feed & Restore program served homeless children from Lake County only. He remarked that the program received referrals from the Families in Transition (FIT) program and from guidance counselors within the schools, and that once a child informs a guidance counselor of their homelessness, the counselor then contacts the program. He said that the program currently had several units operating with three in the Clerbrook Recreational Vehicle (RV) & Golf Resort and three in Bee’s RV Resort in the City of Clermont. He relayed that a number of families were currently utilizing these facilities and that the program was assisting them with budgeting, job placement, and resume writing. He said that 95 percent of the program’s clients were women who had been abandoned and who had children in Lake County schools. He elaborated that the program also provided subsidized daycare, assistance finding employment, three to six months of free rent and utilities, and building block housing. He stated that the program had been working effectively for three years and had received media coverage due to its success rate of 50 to 60 percent, which was higher than the average 20 percent of other programs. He commented that the program had been vetted by charitable organizations such as Publix, United Way, Walmart, the Community Foundation of South Lake, and others, and he added that the program recently was approved for a $10,000 grant from Lake County’s Community Services Department. He explained that the proposed facility would have workforce housing and building block housing and that a background check and drug test would be administered on families seeking housing there. He added that the program would not accept individuals with a history of drug use and that in the previous year, nearly 35 homeless children were living in the existing units with their families. He noted that the program consulted with police departments and that there would be security on the site, including two free apartments for one officer each from the City of Mascotte Police Department and the Lake County Sheriff’s Office, along with lights and interior and outdoor security cameras. He said that in the past three years, no families in the program had been removed from their units because thorough vetting occurred.

Commr. Parks asked to clarify that the program would not accept individuals with a history of drug addiction, legal issues or violence.

Mr. Broadway confirmed this and added that those individuals would not be accepted because the program did not offer rehabilitation services for those issues; however, counseling would be provided for bullied children.

Commr. Sullivan asked if the program had any connection with the DJJ.

Mr. Broadway replied that there was no connection to the DJJ. He reiterated that he had attempted to contact the nearby community about the program. He then said that in 2015, the United States Department of Housing and Urban Development (HUD) released a report indicating that the fastest growing homeless population was families with children, and he also stated that the United States Interagency Council on Homelessness had indicated that the only way to prevent homelessness was to provide transitional housing to help individuals convert to permanent housing. He stated that his program had been created to be consistent with these reports and he felt that transitional housing was necessary to help families to become stabilized and to help teach them budgeting and parenting.

Commr. Campione inquired about how long a typical stay at the facility would be. She also asked about the supervision of children living on the property.

Mr. Broadway responded that the average stay was seven months to one year, though some stays had been as short as three months. He said that the program was based on effectiveness, rather than headcount or turnover. He reiterated that no families had been evicted from the program and that there would be daytime and nighttime managers on the property, along with the police officers, and restrictions would be placed on the families and the children’s behaviors. He added that there would be a curfew and that the program’s policies had not been violated.

Commr. Breeden asked how it would be ensured that the young children would receive day care services.

Commr. Parks asked about the designated apartments for law enforcement officers.

Mr. Broadway replied that the program was affiliated with the Mid Florida Homeless Coalition and that they could bypass the current 13 month waiting list for subsidized daycare. He also said that two apartments would be given to one law enforcement officer each from the Mascotte Police Department and the Lake County Sheriff’s Office with free rent and utilities.

The Chairman opened the public hearing.

Dr. Alan Holden, Chief Executive Officer (CEO) of United Way of Lake and Sumter Counties, said that 41 percent of Lake County’s population was living paycheck to paycheck and that encountering an economic issue such as medical bills or a car repair could cause them to fall behind in payments. He stated that Mr. Broadway’s program was unique and was supported by United Way. He commented that as a funding organization, United Way had read the reports for Find, Feed & Restore and visited their sites to ensure that the program was proceeding as proposed. He encouraged the BCC to approve the application.

Ms. Patricia Kry, Executive Director for Faith Neighborhood Center, commented that her organization was providing food to over 1,000 families twice a month, and she relayed that the families’ most significant concern was housing. She said that there was a growing population of homeless families and that once a family became homeless, it was difficult to place them back into housing. She noted that homeless children were enrolled in Lake County schools and that Mr. Broadway’s program had helped to address their homelessness. She said that the program was currently at maximum capacity, that it required additional capacity, and that it had been effective. She urged the BCC to consider approving the request.

Ms. Brittany Timmons, with Community Foundation of South Lake, relayed that she had recommended Mr. Broadway’s program to her organization’s grant committee for approval to provide services in the community. She remarked that the first way to help a homeless family is to assist with housing, and other services such as the provision of food and budget training are enabled by housing. She said that a trend within the social service field was to house families first before surrounding individuals with the needed resources. She expressed her support for the request and encouraged the Board to approve it so that an effective solution could be offered to this population.

Ms. Simmonds stated that Mr. Broadway had made positive changes and wanted to help families. She said that Find, Feed & Restore was a program which sought to assist Lake County residents in serious conditions and restore their lives. She opined that the program was needed in the county and that Mr. Broadway had conducted due diligence for the project.

Ms. Kathy Smith, Director of Donor Relations with the Community Foundation of South Lake, commented that her organization had worked with Mr. Broadway to provide funding for the Find, Feed & Restore program. She said that Mr. Broadway had been assisting homeless families with children who had been living in unsafe environments, and that the program provided wraparound services and financial education. She stated that providing a comprehensive program helped the clients to become successful and more capable of providing for their families, which yielded a long term solution to the homelessness program. She relayed that she had helped Mr. Broadway to secure a significant donation from an organization from another state and that this was due to their consideration of the program’s success. She felt that the program had provided a needed service and had shown stability and success. She expressed that Community Foundation of South Lake fully supported the program and she said she hoped that the Board would also support it.

Mr. Steve Smith, founder of New Beginnings of Central Florida, noted that there was a housing crisis in Lake County and throughout the state and that the Lake County School Board was reporting over 2,000 homeless students in the school district. He said that there was a lack of affordable housing and he reiterated that there would be police officers and cameras on the proposed site to increase security. He added that the screening process for families was thorough and he recommended approval of the request.

Pastor Clarence Southall, a concerned neighbor of the development, opined that the community had not been supported by public utilities and the Lake County Sheriff’s Department. He asked why there was a need for a police presence if the residents at the facility would not be violent and he relayed that many elderly individuals were living nearby. He expressed concerns about uncertainty pertaining to the residents who would be living there and he opined that 56 beds would house too many people when considering the size of the area. He also indicated a concern that law enforcement personnel would choose not to utilize the free apartments.

Commr. Campione clarified that based on the current discussion, young individuals would be living there with their families.

Ms. Williams opined that affordable housing would be more amicable to the community when compared to the proposed facility and that the characteristics of the area were not conducive to the facility. She expressed an interest in postponing the hearing to allow the residents to explore how the facility would affect the community, and she asked the applicant to consider placing the facility in a more secure environment.

Mr. Tom Simmonds, a resident of Lake County, reiterated that the residents would be Lake County children and their families, and he said that Mr. Broadway was trying to keep families together and improve their lives.

Mr. Broadway stated that police would be located at the facility to help alleviate the neighbor’s concerns of a lack of a law enforcement presence in the area. He commented that affordable housing would be offered as part of the facility, and he said that his organization was receiving approximately 40 calls per week about homeless children with families. He asked the Board to consider his organization’s history and the vetting which had been conducted by other entities.

Commr. Breeden asked if there was any consideration for fencing on the south and west sides of the property.

Mr. Broadway said that this would be acceptable. He then added that he offered for the community to select a committee which would provide input on which individuals would be admitted to the facility.

Ms. Sheryl Williams, a concerned neighbor of the development, suggested having the community cooperate with the facility to help improve the area.

Commr. Parks expressed his agreement with this idea, and said that Mr. Broadway would be willing to work with the community. He also indicated that he liked the idea of having police officers onsite.

Commr. Campione suggested that public attention toward the facility could positively influence the surrounding community, and she commented that the County could relay the citizens’ concerns about a law enforcement presence in the area.

Commr. Sullivan remarked that the County could develop meetings in the nearby Stuckey community with County staff and the Lake County Sheriff’s Office.

Pastor Southall reiterated that having a law enforcement commitment in the area would benefit the community.

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

Commr. Sullivan said that there were many issues with homelessness and that the State Legislature had reduced the funding to combat it. He expressed that approving the request could unite the community and that having law enforcement personnel at the facility would be a positive commitment. He indicated an interest in contacting the Sheriff about the issues within the Stuckey community.

Commr. Parks said that this program could make a positive impact, and he also complimented Ms. Patricia Kry and encouraged the Board to visit Faith Neighborhood Center to learn about their services. He supported the idea of having law enforcement officers live at the facility.

Commr. Breeden thanked the community for expressing their thoughts and she indicated an interest in addressing issues in the area.

Commr. Campione asked that the County have dialogue with Pastor Southall and the community. She encouraged the community to report back to the BCC on any progress and also expressed interest in a town meeting there.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Tab 8, Rezoning Case #RZ-18-14-1, Living Message Church CFD Rezoning, with the condition to require solid fencing on the south and west sides of the property.

Gupta & Tayal Rezoning

Mr. McClendon presented rezoning case #RZ-18-07-4, Gupta & Tayal Rezoning. He explained that the property was located on the west side of Round Lake Road and south of S.R. 46, was located within Commission District 4, and had a tract size of approximately three acres. He said that the request was to rezone the property from CFD to PUD in order to facilitate an assisted living facility (ALF) along with limited commercial retail uses. He commented that the current zoning designation was CFD with an FLUC of Regional Office, and that the property was rezoned to CFD in 2016 for an ALF. He added that the applicant was now requesting to add a limited retail commercial component to the site which would require a PUD rezoning. He mentioned that light commercial uses were allowed within the Regional Office FLUC with the caveat that it would be limited to 20 percent of the subject site’s floor area. He remarked that the request was consistent with the Comp Plan and the LDRs and that the Planning and Zoning Board recommended approval. He read the requested action to find the request consistent with the Comp Plan and the LDRs and to accept the Planning and Zoning Board’s recommendation.

Commr. Breeden asked for examples of limited retail use.

Mr. McClendon said that they would be C-1 uses and would not include heavy commercial uses. He elaborated that examples would include banking, medical services, personal care services, professional offices, retail, and fast food restaurants with no drive through. He specified that car sales and gas stations would be prohibited, though small automotive repair would be permissible.

Commr. Campione said that the nearby railroad right of way would become part of the Wekiva Trail. She also asked if the site would be subject to the County’s design criteria.

Mr. McClendon noted that the allowable uses were specified in the ordinance and that the design criteria would apply there.

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.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved Tab 9, Rezoning Case #18-17-4, Gupta & Tayal Rezoning.

regular agenda

lease for property near pine meadows conservation area

Mr. Bobby Bonilla, Director for the Office of Parks and Trails, presented an update on the Pine Meadows Recreation Area. He said that in 2014, the County accepted the property from the SJRWMD in association with community support and a partnership with the Florida Fish & Wildlife Commission (FWC). He remarked that in May 2018, the BCC hosted the grand opening of the Pine Meadows Conservation Area property. He elaborated that on September 11, 2018, the Board approved a lease agreement with private property owners adjacent to the Pine Meadows property, and that in September 2018, the BCC adopted the updated Parks & Trails Master Plan. He relayed that stakeholder recommendations included for staff to continue protecting trail corridors and to continue exploring partnership opportunities to provide active and passive recreation opportunities. He displayed a map of the approved Trails Master Plan, noting three properties in the Pine Meadows area: the Pine Meadows Conservation Area, which was maintained and operated by the County; the Lake May Reserve, which was also County owned and maintained; and the Trout Lake Nature Center. He elaborated that there was a potential proposed alignment for a trail connection which was consistent with the Trails Master Plan and would link the south boundary of the Pine Meadows property to C.R. 44; however, this property was privately owned and the staff was discussing for a 35 foot wide or greater easement agreement for the property. He explained that this would save the County money due to not having to purchase right of way, and he displayed another map of the area. He said that some of the existing amenities at the Pine Meadows Conservation Area included hiking trails, kayak launch areas and passive recreation. He added that for active recreation, there were six existing tennis courts and two existing clay courts which had been closed for a significant period of time; furthermore, staff’s recommendation was to lease this property and convert the first two tennis courts into new tennis courts through resurfacing, and to convert the remaining non-clay tennis courts into six pickleball courts and two basketball courts. He relayed that public feedback had indicated that there was a population group who desired pickleball and basketball courts, and many patrons had been utilizing the pickleball courts at Palatlakaha Environmental and Agricultural Reserve (PEAR) Park. He stated that there would be no additional fiscal impact from the requested action and the estimated $100,000 for phase 1, elaborating that the related maintenance would be funded from fiscal year (FY) 2019 and FY 2020 budget allocations for the Pine Meadows Conservation Area. He explained that the phase 1 improvements would consist of the two tennis courts and six pickleball courts adjacent to the parking lot, and in FY 2020 the County would continue to modify two basketball courts and two tennis clay courts. He reiterated that stakeholders recommended to pursue partnerships and that in the current case, there was a private sector entity which was willing to work with the County. He concluded by reading the requested action for approval of a lease agreement with a private owner for the property located west of the Pine Meadows Conservation Area and east of the City of Eustis.

Commr. Sullivan said that the request would be compatible with the Parks and Trails Master Plan and that a funding source had already been identified.

Commr. Campione thanked staff and the Board for their work, and she commented that a generous family had offered the agreement to open the land for the public. She stated that she had received positive feedback from entities such as the City of Eustis and she felt that many people would enjoy the land for recreation and that it would support the area and the Pine Meadows Conservation Area.

Commr. Breeden noted that the original concept had the trail crossing the lower portion of the Pine Meadows Conservation Area and then looping to the Lake May Reserve. She asked about why the trail would now run along C.R. 44.

Mr. Bonilla replied that staff was still looking to connect the Pine Meadows Conservation Area directly to Lake May Reserve, though they felt that the current proposed trail was more readily available. He added that an initial trail could be established at Lake May Reserve to connect west to the Trout Lake Nature Center and that the connection between Pine Meadows Conservation Area and the Trout Lake Nature Center was easier to establish currently.

Commr. Breeden also asked that since this project would be funded by money which would have originally been used for the Pine Meadows Conservation, which items would be deferred there.

Mr. Bonilla said that staff would complete less of a stabilized trail there and that it would be kept natural for as long as possible.

Commr. Campione said she hoped that the trail, which would come from an old golf course down Hicks Ditch into C.R. 44A, would be brought back to the Board. She noted that the area was currently being surveyed.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved a lease agreement with PMCC, LLC, for property located west of the Pine Meadows Conservation Area and east of the City of Eustis.

reports

county manager

MINNEOLA RECREATION WORKSHOP

Mr. Cole indicated that there would be a recreation workshop with the City of Minneola on that night at 6:30 p.m.

HAPPY THANKSGIVING

Mr. Cole wished everyone a Happy Thanksgiving.

commissioners reports

commissioner parks – district 2

sOUTH lAKE RIDE ALONG

Commr. Parks thanked Mr. Fred Schneider, County Engineer, for conducting a great ride along to examine various road projects and issues throughout his commission district.

SOCCER INSTITUTE OF MONTVERDE ACADEMY

Commr. Parks congratulated Montverde Academy for the Soccer Institute of Montverde Academy (SIMA) and said that it was very impressive. He relayed that they had a grand opening in the previous week for their new state of the art field which would use natural materials and would reduce heat for the players. He mentioned that the Orlando City Soccer Club’s B team would use the field as their home facility in Lake County for training and that up to 300 children from ages 10 to 18 would be trained through the SIMA system and Orlando City Soccer, with Orlando Health acting as a significant sponsor. He stated that children were being drawn internationally to the program, which could positively impact the county’s economy.

thanking law enforcement personnel

Commr. Parks thanked law enforcement personnel for everything that they do and for working on Thanksgiving and during the holidays.

happy thanksgiving

Commr. Parks wished a Happy Thanksgiving to everyone.

commissioner breeden – district 3

CONGRATULATING COMMISSIONERS FOR REELECTION

Commr. Breeden congratulated Commissioner Parks and Commissioner Campione on their reelection and remarked that it had been a pleasure working with them and that it was great to have another two years to work as a team.

HAPPY THANKSGIVING

Commr. Breeden expressed that she wanted everyone to have a Happy Thanksgiving.

commissioner campione – VICE CHAIRMAN AND district 4

WORKSHOP WITH EUSTIS CITY COMMISSION

Commr. Campione indicated that in the previous week, she attended a workshop meeting with the Eustis City Commission to help resolve issues which had surfaced in the past and to help the city with its vision. She noted that Mr. Cole and Mr. Mike Woods, Executive Director for the Lake-Sumter Metropolitan Planning Organization (MPO), were in attendance and that Mr. Woods provided a great presentation about the North Lake Trail from the City of Umatilla to Astor, which would be part of the Coast to Coast Trail network. She said that the opportunity with the Pine Meadows trail was also presented and that the City of Eustis could possibly support it with a trailhead in the C.R. 44A area and link it with Trout Lake to offer safer access. She also relayed that homelessness was also discussed, along with opportunities within the community to address it, such as The Open Door program in the City of Eustis. She added that land use issues and annexations within the East Crooked Lake area were also discussed and that there could possibly be a separate land use category for those areas which were surrounded by existing development patterns of a lower density. She concluded that it was a positive meeting, that the fairgrounds were also a subject of discussion, and that in the past, the County had agreed to consult with the City before disposing of the fairgrounds property or utilizing it for another purpose.

LOCAL GOVERNMENT CONTRIBUTION FOR VALENCIA GROVE II

Commr. Campione said that this item pertained to homelessness and affordable housing. She explained that the proposed housing by the Florida Housing Finance Corporation would be adjacent to the Valencia Grove workforce housing property, and she noted that this request would include elderly affordable housing. She elaborated that these residents would have to meet certain formulas for income and would have to be 62 years of age or older. She recalled that she had asked about an agreement so that the County’s Housing and Community Development Division could refer individuals to them. She said that the County had previously relied on State Housing Initiatives Partnership (SHIP) funding, but it would not be available for this particular match due to missing the cycle. She also noted the County would have to commit funding if the housing project was awarded. She expressed interest in supporting this with other housing projects in the county, and she mentioned a possible set aside or requirement for the residents there to have lived in Lake County for a period of time.

Commr. Breeden asked if this was a project which the County had written a letter of support for recently.

Commr. Campione replied that it was not, and added that Valencia Grove phase one had already been constructed on Kurt Street and that this property would be adjacent and have similar aesthetics. She said that the developer would have to set aside a certain amount of money from their funding for maintenance activities on the property.

Commr. Parks asked if the requirement for Lake County residents was a condition of the project and if it would be for Lake County residents only.

Commr. Campione asked if the County Attorney could consider if a requirement to prioritize Lake County residents could be legally included. She recalled that individuals would start applying immediately and that the first priority could possibly be for individuals who had lived in the county for at least six months to one year.

Commr. Blake asked where the County’s funding for the project would be drawn from.

Commr. Campione clarified that it would come from the General Fund because it was not available from SHIP. She expressed the possibility that the project may not be awarded, though she stated that local government must support the project for the Florida Housing Finance Corporation to award it. She said that the project could address issues of affordable housing in the County and would be safe, clean, well-managed and would bring a positive impact to the neighborhood. She also mentioned that there would 10 units set aside for special needs individuals, including those engaged in mental healthcare programs.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried by a 4-1 vote, the Board approved to fund a Local Government Contribution for Valencia Grove II, located in the City of Eustis, in the amount of $37,500, required under the Florida Housing Financing Corporation, Request for Application 2018-116.

Commr. Blake voted no.

COMMISSIONER BLAKE – DISTRICT 5

Congratulating commissioners for Reelection

Commr. Blake congratulated Commissioner Parks and Commissioner Campione on their reelection.

happy thanksgiving

Commr. Blake wished everyone a Happy Thanksgiving.

commissioner sullivan – chairman and district 1

bALLOT RECOUNTS

Commr. Sullivan commended the Supervisor of Elections, staff, volunteers, and Ms. Melanie Marsh, County Attorney, for assisting with the recent ballot recounts. He said that the process was conducted professionally and transparently.

CITY OF GROVELAND INVESTITURE

Commr. Sullivan stated that he attended the City of Groveland investiture on the previous night for their new City Commissioners, and he discussed important issues such as partnering on parks and recreation.

RECOGNIZNG LAKE COUNTY COMMUNITY MEMBERS

Commr. Sullivan commented that the county lost two great community members in the past week who had done great things for the county and for veterans’ organizations. He expressed his condolences to their families.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:53 p.m.

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timothy i. sullivan, chairman

ATTEST:

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GARY J COONEY, CLERK