A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
October 12, 2021
The Lake County Board of County Commissioners met in regular session on Tuesday, October 12, 2021 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Sean Parks, Chairman; Kirby Smith, Vice Chairman; Douglas B. Shields; Leslie Campione; and Josh Blake. Others present were: Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.
INVOCATION and pledge
Commr. Parks welcomed everyone to the meeting. He said that the invocation would be given by Pastor Jamison Elder, with First Baptist Church of Umatilla, and that the Pledge of Allegiance would be led by a veteran who had served the country and the County, noting that this had been a tradition. He stated that Mr. Brad Keough, an Installation and Maintenance Technician with the Office of Public Safety, would lead the Pledge of Allegiance, and that Mr. Keough had served in the United States (U.S.) Army as an Infantry Team Leader, and the Army National Guard as a Signal Systems Support Specialist from June 2008 to July 2017 when he was honorably discharged with the rank of Sergeant. He elaborated that Mr. Keough’s tours of duty included support of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom – Horn of Africa, and that his last mission was to develop, enhance, and maintain a company of 175 soldiers’ computer, radio, and network needs. He indicated that during Mr. Keough’s military career, he was awarded the Army Commendation Medal, Army Achievement Medal, Navy Achievement Medal, Army Good Conduct Medal, Combat Infantryman Badge, Iraq Campaign Medal with Campaign Star, and the Armed Forces Reserve Medal with M Device. He thanked Mr. Keough for his service.
Pastor Elder then gave the invocation,
and Mr. Keough led the Pledge of Allegiance.
virtual meeting instructions
Mr. Erikk Ross, Director for the Information Technology (IT) Department, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching though the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.
Agenda update
Ms. Melanie Marsh, County Attorney, said that since the agenda was first published, staff adjusted the Board of County Commissioners (BCC) meeting dates for the following year so that only the Wednesday after their zoning meetings would be held to carry over; furthermore, Tab 10 had been added as an addendum.
employee awards
Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:
FIVE YEARS
Elizabeth
Gouveia Miner, Financial Coordinator
Office of
Fire Rescue
Chasity
Ibarra, Park Attendant
Office of
Parks & Trails
Margaret
Jarrell, Office Manager
Office of
Extension Services
Sharron
Schmidt, Senior Building Inspector
Office of
Building Services
Kenneth
Sutton, Fairgrounds Attendant
Fairgrounds
& Events
FIFTEEN
YEARS
Doug
Woodyard, Technical Services Manager
Information
Technology Department
TWENTY YEARS
Shannon Bush, Fire Lieutenant/Paramedic
Office of Fire Rescue
Mark Ricci, Fire Lieutenant/EMT
Office of Fire Rescue
Robert Isom, Firefighter/Paramedic
Office of Fire Rescue
Edward Simon, Firefighter/EMT
Office of Fire Rescue
Thomas Rose, Fairgrounds Worker
Fairgrounds & Events
THIRTY YEARS
Russell Cheatham, Mosquito & Aquatic Plant Manager
Office of Public Works Operations
RETIREMENT
– 23 YEARS
Deborah Kohler, Permitting Technician II
Office of Building Services
Mr. Tom Allen, Director for the Office of Building Services, said that Ms. Kohler was hired as a clerical assistant III in July 1997, and that she was a hard worker and excelled at her duties; furthermore, she was quickly promoted to a data entry clerk in November 1997. He indicated that Ms. Kohler had taken an interest in the Board of Building Examiners public hearings, and was soon promoted to the position of public hearing coordinator in August 1998. He relayed that she had mastered keeping the meetings on track and making sure that all required information was available to the Board members, and that she had also assisted in streamlining the public hearings with the use of technology. He added that her position was also responsible for assisting building officials with everyday tasks, and that she had essentially trained two of the previous building officials in Lake County’s administrative processes. He mentioned that she was an expert user of Crystal Reports, and had assisted several departments in creating detailed data reports. He said that she had always volunteered to assist with answering the emergency phone lines during hurricane events, and that she had accepted the position of permitting supervisor in January 2016. He elaborated that in September 2018, she had taken her current position of permitting technician II. He remarked that she had passed the International Code Council’s permit technician certification exam, becoming the first certified permit technician in the Lake County Office of Building Services. He commented that she had never hesitated to assist where needed, and that she planned on travelling with her husband, along with enjoying the company of her grandchildren and family. He relayed that she had been a valuable asset to her office and the County, and that she would be missed. He wished her the best of luck in her retirement.
QUARTERLY AWARDS
EMPLOYEE OF THE QUARTER
Kenneth Sutton, Fairgrounds Attendant
Fairgrounds & Events
Ms. Nelson indicated that Mr. Sutton was being recognized for his extraordinary service in this quarter, noting that he assisted with mowing the fairgrounds and storm preparation, and that several times this quarter he had gone above and beyond to ensure that the fairgrounds property was well maintained and in good order for all events. She added that he also excelled at assisting fairground vendors and long-term event customers, noting that his positive attitude was appreciated by co-workers and customers.
SUPERVISOR
OF THE QUARTER
Mary Hamilton, Public Works Operations Director
Office of Public Works Operations
Ms. Nelson remarked that during the past quarter, Ms. Hamilton had served as the interim assistant county manager to assist during a period of transition for the County Manager’s Office. She said that Ms. Hamilton had been nominated by several departments for providing phenomenal support and leadership, and that her positive attitude, professionalism and creative insight that she had shared with executive management and staff had enhanced the operations for every office she served. She thanked Ms. Hamilton for her dedication and valuable support.
T.E.A.M.
OF THE QUARTER
NEIGHBORHOOD
LAKES SCENIC TRAIL TEAM
Office of Parks and Trails
Shannon Bouillaud, Park Ranger
Justin Elkins, Recreation Coordinator
Angela Harrold, Parks & Trails Associate Director
Dwayne Henry, Parks & Trails Program Manager
Christopher MacDonald, Recreation Coordinator
Terri Pietroburgo, Trades Crew Leader
Lonnell Richardson, Trades Crew Leader
Marcia Robinson, Chief Maintenance Supervisor
Shane Strew, Recreation Coordinator
Gallus Quigley, Recreation Coordinator
Office of Communications
Brian Baquiran, Multimedia Content Coordinator
Samantha Shylkofski, Lead Public Information Officer
Magda Zapata, Creative Services Manager/Art Director
Ms. Nelson said that they wanted to recognize team members from the Offices of Parks and Trails and Communications for their work in preparing for the grand opening of the new Neighborhood Lakes Scenic Trail and Trailhead. She explained that it was a connection to the Wekiva Trail system and offered 2.8 miles of multiuse paved trail into Orange County. She relayed that the team planted 435 native trees and created wildflower meadows throughout the 375 acre properties. She mentioned that in preparation for the ribbon cutting event held in the previous month, these offices worked together to create this successful event for the community.
Minutes approval
On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the minutes for the BCC meeting of June 22, 2021 (Regular Meeting) as presented.
commissioner’s boards and committees update
Commr. Shields reported that he could not attend the Elder Affairs Coordinating Council meeting because the Lake 100 had an economic development meeting, which was excellent. He mentioned that the Elder Affairs Coordinating Council did not have a quorum; therefore, they could not bring any items forward to the BCC.
Commr. Parks said that the Elder Affairs Coordinating Council was in need of individuals to serve.
Commr. Campione stated that she had a meeting in the Town of Montverde on the previous day for an Arts and Cultural Alliance gathering, noting that they had networking time and had also discussed their grant process. She explained that there were funds which came through the County that they used to award grants to local artists, and that the funds came from license plate purchases in the state. She commented that the Arts and Cultural Alliance had heard from the Executive Director of United Arts of Central Florida, and that there were also grant opportunities there for local artists.
Commr. Blake reported that the Children’s Services Council did not meet in September 2021, but that they would be meeting in the following week. He indicated that he had attended a Central Florida Metropolitan Planning Organization (MPO) Alliance meeting on the previous Friday, noting that this was a group of different representatives from MPOs around Central Florida, and that they met at MetroPlan Orlando. He said that there was a presentation given by Mr. Mike Woods, Executive Director for the Lake-Sumter MPO, regarding the Federal Lands Access Program (FLAP) grant to help address a gap on the Cross Florida Trail; additionally, Mr. Woods was going to receive a letter of support from the Central Florida (MPO) Alliance, and he would also ask the BCC for a letter of support for this grant. He then mentioned that there was a presentation on Brightline, which was a high speed rail that would eventually run from the City of Miami to the City of Orlando, noting that they had also procured right of way to extend it to the City of Tampa. He commented that the last presentation was from the Florida Turnpike Enterprise about SunTrax, which was being constructed in Polk County and was a testing center for autonomous vehicles.
Commr. Campione indicated that she had attended the legislative kickoff on the previous Thursday on behalf of the BCC, and that it was a well-attended event at the Leesburg Center for the Arts. She added that County staff and several Constitutional Officers also attended.
Commr. Parks commented that he served the County on the Central Florida Expressway Authority (CFX), and that there would be some discussion over the Brightline route to the City of Tampa. He reported that CFX essentially approved the double decking of a portion of State Road (SR) 414 from where it ended currently, approximately to Interstate 4 (I-4). He added that there was also a Lake County Historical Society meeting coming up.
reading of constitution week proclamation 2021-108
Commr. Parks recalled that the BCC had approved this proclamation each September, noting that September 17 was the day that they celebrated the birth of the Constitution. He commented that this proclamation had not been read into the record in September 2021, though it had been unanimously approved. He then read Proclamation 2021-108 into the record.
citizen question and comment period
Mr. David Serdar, a resident of the City of Fruitland Park, made comments related to local government.
Ms. Theresa LaBree, a resident of the City of Groveland, expressed concerns for speed tables on Silver Eagle Road near South Lake High School, and for traffic going through the Crane’s Landing neighborhood. She opined that when the speed tables were installed, residents decided to divert and go through the subdivision. She commented that retention pins were also coming up out of the speed tables, and relayed her understanding that the City of Groveland would eventually take that portion of the road; however, she opined that someone needed to remove the speed tables.
Commr. Shields said that when the County first installed the speed table, he received many emails and calls. He thought that the City of Groveland had requested them because homes were being placed there, though he stated that the intention was not to send traffic into Ms. LaBree’s subdivision. He opined that the County would have to reconsider this.
Ms. LaBree relayed that some individuals thought that it was the City of Groveland’s street, but that it was not the City’s jurisdiction. She expressed concerns that the devices were dangerous due to retention pins coming up.
Commr. Shields commented that the County would work on this.
Ms. Deborah Shelley, with Citizens for the Preservation of Rural, recalled that that there were three rural protection areas (RPAs) in the Lake County Comprehensive Plan (Comp Plan), expressing concerns for the Yalaha-Lake Apopka RPA and Cities with interlocal service boundary agreements (ISBAs) that overlapped the RPA. She showed an overview of the ISBA boundary and relayed her understanding that all of the ISBAs had a statement indicating that one of the principal goals was to balance the needs and desires of the community; additionally, she mentioned that the Town of Howey-in-the-Hills had an amendment to their ISBA, and thought that there could possibly be an amendment for the Yalaha-Lake Apopka RPA. She stated that her organization had drafted a possible amendment for the ISBA to address the imbalance with the ISBAs and the RPA, and they hoped that the County could consider this. She commented that one of the main points of the draft amendment was to ask that the boundary be amended such that no parcels within the Yalaha-Lake Apopka RPA would be subject to annexation by any city adjacent to the RPA.
Commr. Parks relayed that a letter that he had sent on behalf of the BCC, which invited the Cities to participate in a countywide conservation and planning strategy to address RPAs along the fringes of cities, had been well received, and that they had received a number of responses from mayors agreeing to participate. He also suggested that the Board could speak with Ms. Shelley about what she had presented at the current meeting.
Commr. Campione mentioned that the Florida Statutes were still in place, and that the Board could not override them, noting that the Cities had a right to annex. She commented that it would have to be a joint agreement between the Cities and the County, though the County had been trying to start the discussion about how they could incorporate some new provisions into the ISBA. She said that the County could possibly provide their proposed draft of new ISBA provisions, which could register that they thought that these items needed to be taken into account. She said that on October 25, 2021, the Hodges Reserve final annexation was going before the City of Leesburg, and she thought that access had been negotiated.
Ms. Shelley said that part one annexations were regular annexations where a property had to be contiguous, compact and adjacent to the city; however, part two annexations were the ISBA section which allowed for noncontiguous annexation. She expressed concerns for part two annexations, and she asked the County to consider this. She relayed her understanding that part two stated that the lands to be annexed had to be urban in character, and she indicated that the RPA was not urban in character. She expressed interest in an ISBA boundary map with the RPA boundary overlaid.
Commr. Parks indicated that she could request this map from staff and that copies could possibly be provided to the Board.
Commr. Campione asked if the County would use the letter to the Cities as the mechanism for addressing some of the issues in the ISBA, or should the County possibly address this particular issue with regards to the RPAs and the noncontiguous annexation provisions.
Commr. Parks clarified that the intent of the letter was to get the Cities together, noting that this could be the statement which defined the issue. He expressed interest in having the initial meeting within about the next month.
Commr. Campione felt that there was a broader planning discussion for joint planning, but for this particular issue of noncontiguous annexation in RPAs, it seemed like this issue could be addressed with just the agreements that it applied to. She noted that one was not supposed to annex an area that was not urban in nature, and that by virtue of it being in the RPA, this could be the argument that it did not meet that criteria and this was why the County felt that these revisions needed to be made at the current time.
Commr. Parks agreed that this was the pressing issue, but expressed support for being careful so that it was not taken in a concerning way, noting that they wanted to work with the Cities. He said that the meeting could include all of the Cities, but he had not heard from a few of them yet.
Ms. Shelley expressed concerns for the Hodges Reserve development because it did not meet the part two annexation and it was not urban in character, noting that it was in the RPA and could set a precedent in the area. She supported the County invoking their Comprehensive Plan (Comp Plan) which allowed them to object. She commented that Hodges Reserve was denied by the City of Leesburg Planning and Zoning Commission and that the planning department recommended denial, but they had a caveat that stated that if other developments in the area were approved, then Hodges Reserve would be more compatible. She mentioned that the Whispering Hills development was also in the RPA, opining that it did not meet the part two urban in character criteria.
Commr. Campione said that the City of Leesburg did a great deal with regards to upholding the Lake County Public Works Department’s memorandum and comments about the use of the rural road, and that her impression was that the County was making a significant amount of progress with regard to the City incorporating the comments that came from County staff. She added that Mr. Tim McClendon, Director for the Lake County Office of Planning and Zoning, also had a meeting with them, and that the City incorporated concerns about having direct access to U.S. Highway 27 as opposed to using the rural roads. She said that if the County objected, then they may have to prepare for lawsuits which may or may not go their way, as well as costing the taxpayers a significant amount of money and not getting the end result of a better planned community that is compatible with the surrounding area. She said that the County had been giving comments and trying to get the plan revised so that it addressed the concerns of the neighbors, and she opined that the City had been working with the County. She expressed interest in making sure that Hodges Reserve was incorporating the concessions that the City and the developer had made, and she proposed to possibly have Mr. McClendon reconnect with the City to consider Hodges Reserve in relationship to the Whispering Hills development to confirm that everything agreed upon would be happening.
Ms. Shelley opined that it might be a good master planned development, but that it may be in the wrong area.
Commr. Campione clarified that they could not move a plan to another location, and reiterated that the County had been working with the City of Leesburg to have an end result that she thought could be better than a lawsuit in the long run.
Ms. Shelley relayed that residents would still like to see the density reduced, relaying her understanding that the Whispering Hills development was asking for 2,900 units, and that Hodges Reserve was requesting almost 500 units on 150 acres.
Commr. Campione mentioned that they were looking into large buffers which could help.
Ms. Pam Roustio, a resident of the Town of Howey-in-the-Hills, commented that the proposed Whispering Hills development was 2,942 residential units, and Hodges Reserve was 449 units. She opined that this was a significant amount of units in a small space and would take up almost all of the RPA in the City of Leesburg ISBA. She expressed concerns for the RPA going away and for the urbanization of these areas being a foregone conclusion. She also thought that Commissioner Smith had a meeting coming to their district, Commission District 3, and she asked to make sure someone reached out to the residents so they could attend.
Commr. Smith indicated that the Commission District 3 meeting would be published and that the public was encouraged to attend.
Ms. Marsh said that this meeting was scheduled for October 25, 2021 at 1:00 p.m. at the Venetian Center in the City of Leesburg.
Commr. Campione stated that the Board could possibly send a letter indicating that they were not objecting because they were relying on certain items having been worked out.
Commr. Smith relayed that he had numerous meetings with Leesburg City Commissioners regarding this, and that they had been working on it.
Ms. Roustio asked how they could ensure that the items that the developer was telling the residents about could happen.
Commr. Parks responded that the Board could write a letter indicating that based off the current meeting, the BCC wanted reaffirmation from the City of Leesburg that what they had discussed would be adhered to.
Ms. Roustio inquired about the RPA in the City of Leesburg ISBA boundary.
Commr. Campione thought that this was still part of the discussion, and that for this particular development, the County had to work with the circumstances they were given. She added that for other properties in RPAs and different places in the county, they could use this opportunity to say that before applications came in, the County wanted to revisit the ISBA and modify these items so that noncontiguous properties could not be annexed in the RPA.
Commr. Parks said that the meeting with the Cities would be to make this system better and have more predictability. He opined that it was not a foregone conclusion that the county would be completely urbanized, and he thought that the BCC did not want to see this occur. He stated that they provided this invitation to the Cities because they were concerned about it. He remarked that they would like to see the cities grow, but there were areas of the county that everyone was passionate about protecting while trying to address the challenge of many people moving to the state. He remarked that the County had conservation strategies but also recognized property rights, and that they would work within this framework.
Commr. Campione said that in conjunction with the discussions with the Cities, as opposed to the County not wanting them to annex noncontiguous property in the RPA, there could be certain items that could be adhered to such as larger buffers and lower densities, and the County could possibly develop a compromise to benefit everyone in the long run.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 6, as follows:
List of Warrants
Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes and filed in the Board Support Division of the Clerk's Office.
Greater Lakes/Sawgrass Bay Community Development District FY 21/22 Adopted Budget
Notice is hereby provided of having received the Greater Lakes/Sawgrass Bay Community Development District adopted budget for fiscal year 2021/2022 in accordance with Section 190.008(b), Florida Statutes, for purposes of disclosure and information only.
Estates at Cherry Lake Community Development District FY 21/22 Adopted Budget
Notice is hereby provided of having received the Estates at Cherry Lake Community Development District adopted budget for fiscal year 2021/2022 in accordance with Section 190.008(b), Florida Statutes, for purposes of disclosure and information only.
City of Mascotte Ordinance 2021-07-618
Notice is hereby provided of having received Annexation Ordinance 2021-07-618 from the City of Mascotte.
Cascades at Groveland Community Development District Resolution 2021-09
Notice is hereby provided of having received Resolution 2021-09 from the Cascades at Groveland Community Development District relating to the annual appropriations and adopting the budgets for the fiscal year beginning October 1, 2021, and ending September 30, 2022, along with the FY22 Meeting Schedule.
Avalon Groves Community Development District Resolution 2021-14
Notice is hereby provided of having received Resolution 2021-14 from the Avalon Groves Community Development District relating to the annual appropriations and adopting the budgets for the fiscal year beginning October 1, 2021, and ending September 30, 2022.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 7, as follows:
COUNTY ATTORNEY
Recommend adoption and execution of Resolution 2021-150 Combining Prior Resolutions Authorizing Specific Actions by the County Attorney. There is no fiscal impact.
COUNTY MANAGER
Recommend approval of the 2022 meeting dates for the Board of County Commissioners: January 4, 5,11 and 25; February 1, 2, 8 and 22; March 1, 2, 8 and 22; April 5, 6, 12 and 26; May 3, 4, 10 and 24; June 7, 8, 14 and 28; July 5, 6, 12 and 26; August 2, 3, 9 and 23; September 6, 7, 13 and 27; October 4, 5, 11 and 25; November 1, 2 and 15; and December 6, 7 and 20.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Fire Rescue
Recommend approval:
1. To purchase two Pierce Custom Pumpers and one Pierce Aerial Platform from Ten-8 Fire Equipment (Sanford, FL) for Lake County Fire Rescue; and
2. Of a budget transfer to move $66,491 from Buildings to Machinery and Equipment; and
3. To authorize the Director of the Office of Procurement Services to execute all implementing documentation.
The fiscal impact is $2,388,968 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 budget.
PUBLIC SERVICES AND INFRASTRUCTURE
Parks and Trails
Recommend approval:
1. Of Contract 21-0932 for Lake May Reserve Pavilion to William Medley Construction, Inc. (Sorrento, FL); and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The fiscal impact of $82,500 (expenditure - 100 percent grant funded) is within, and will not exceed, the Fiscal Year Budget. Commission District 4.
Public Works
Recommend approval to advertise an Ordinance repealing Section 18-2, Lake County Code, entitled Haul Permit. The fiscal impact is unable to be determined at this time.
Tab 8: CATALDI PROPERTY REZONING
Ordinance 2021-43
Rezoning Case #RZ-21-20-5
Cataldi Property Rezoning
Rezone approximately 10 acres from R-1 to A to facilitate agricultural pursuits and allow construction of a single family residence, continued from the September 7, 2021, Board of County Commissioners' meeting.
Mr. McClendon indicated
that this item had been continued from the September 7, 2021 BCC meeting. He explained that the case was located east
of north County Road (CR) 44A in the City of Umatilla area within Commission
District 5, and that the tract size was approximately 10 acres: additionally,
the request was to rezone the property from Rural Residential (R-1) to
Agriculture. He showed an aerial image
of the property, along with maps indicating the current future land use (FLU)
of Rural Transition and existing R-1 zoning.
He commented that as of the previous day, the County received some
proposed deed restrictions from the applicant which would indicate that no
marijuana production would occur onsite.
He said that the Planning and Zoning Board unanimously recommended
approval of this item.
Commr. Parks asked the
Board to disclose any ex parte communications, noting that he had recently
spoken to Colonel Steve West, a resident of Lake Dalhousie Estates.
Commr. Campione stated
that she had talked with Mr. Todd Hunter, a neighborhood of the applicant, relaying
her understanding that the applicant could rezone to Agriculture and continue
to have some agricultural uses and be able to construct a barn before building
a house.
Mr. McClendon noted that
Colonel West had filed a notice to appear.
Mr. Tim Hoban, an attorney
representing the applicant, said that he had worked on the County Attorney and
that they had agreed on language for a deed restriction to prohibit the
growing, processing and selling of marijuana on the property. He explained that the property was 10 acres
and was historically used as agriculture, noting that they wanted to continue
this. He added that they wanted to build
a barn on the property before a house, along with planting pine trees.
Commr. Campione inquired
if the applicant planned to keep planting and growing pine trees, and to
receive an agriculture exemption.
Mr. Hoban replied that
this would occur eventually.
Colonel West said that he
was present at the request of his neighbors to support them regarding a
downzoning request which he opined would have a direct adverse effect on their
property values and their quiet peaceful existence in their homes and
backyards. He indicated that the
residents objected to the rezoning request because they wanted to protect their
property values, opining that granting the downzoning to Agriculture would have
an adverse effect on this. He expressed
concerns for additional buildings being able to be built at any time, and he
asked where the barn would be located on the property, which way it would face,
and what the setback would be. He
inquired if it was possible to build the barn to the east behind the neighbors
who supported the request, opining that this could also provide better security
for the building. He asked about noise
when a racecar would be worked on, and if there could be noise abatement. He thanked the Commissioners for what they
did for county residents, and he also thanked Mr. McClendon for answering questions.
The Chairman opened the public hearing.
Ms. Geri Sullivan, a resident of Lake Dalhousie Estates, said that she agreed with some of her neighbors who were concerned about the perimeter of R-1 zoned properties around their neighborhood. She expressed concerns for downzoning from R-1 to Agriculture for the following reasons: reduced architectural standards, codes and requirements; limited noise enforcement options; and should the property change hands in the future, there could be more intensive uses that would generate significant noise and traffic levels. She expressed opposition to downzoning adjacent properties to protect the valuation, marketability and livability of their homes. She asked the BCC to deny the request or to include appropriate use conditions such as deed restrictions or minimum setback requirements. She also relayed her understanding that the Lake Dalhousie Estates Homeowners Association (HOA) did not have any charter or authority to enforce a deed restriction.
Mr. Mark Newton, a resident on Eagles View Circle in the City of Umatilla, opined that Agriculture zoning could have unwanted consequences resulting from operational noises and visual sights that were inconsistent with what residential homeowners nearby would expect, such as a dog kennel. He added that Agriculture zoning transferred to the next property owner, who may have different ideas for what they wanted to do with the property. He opined that downzoning from residential to Agriculture in a primarily residential zoned area was counter to their current and future trends. He asked the Board to consider the longer term consequences of their decision.
Ms. Donna Overmire, a resident of Lake Dalhousie Estates, requested that the subject property remain residential to control the addition of buildings other than two residences and a barn, to force adherence to residential noise ordinances, to prevent negative impact to home values in Lake Dalhousie Estates, and to prevent any undesirable businesses from being established if the property was eventually sold. She believed that the purpose of the barn was for the storage of racecars and trailers, and she suggested that the applicant build the barn on the property to the east of where they currently had it planned, noting that it would be behind the neighbors that supported this request. She added that another option was to have the entrance to the barn face to the north to help with noise abatement.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Mr. Hoban stated that architectural review standards for a barn and a house were the same in R-1 and Agriculture zoning, and that noise standards in the Lake County code were also the same. He opined that a dog kennel was an obnoxious use and that the County had historically been good at protecting residents from placing dog kennels from where they should not be. He said that there was no intention of having a dog kennel, and that one would need the BCC’s permission for this. He reiterated that he and the County Attorney had worked on deed restrictions to prohibit marijuana, noting that it needed someone to enforce it, such as an HOA if they chose. He opined that the applicant should be allowed to have zoning in place to allow a barn to be built and to plant pine trees where they wanted. He commented that they were not asking for permission to build 10 single family mobile homes on the property, which they could with R-1 zoning, and that they were only asking to build a barn before the applicant built a house. He requested that the BCC approve this item.
Commr. Smith expressed concerns for the intent of the next owner if the property was sold, and he asked if there was any way to keep the property zoned R-1 and allow for the barn to be built first.
Ms. Marsh explained that if the Board were to deny this rezoning, the applicant could file for a Chapter 70, Florida Statutes, special master proceeding which was typically a settlement agreement to set different parameters and come to the Board for approval. She added that the neighbors would also be notified and could participate in that process.
Commr. Smith relayed his understanding that the neighbors’ concern was that if the property had Agriculture zoning and it was sold, then the designation would stay with the property; however, if there was a way for the property to stay R-1 and if the applicant could still do what they wanted, then this could be best for everyone.
Mr. Hoban said that with R-1 zoning, they would have the right to have many singlewide mobile homes, noting that changing to Agriculture was downzoning. He questioned how many attorney’s fees would the applicant pay to come through a new procedure to build a barn.
Commr. Blake opined that it was not the job of the BCC to micromanage property rights in this manner, and that downzoning to Agriculture in the unincorporated City of Umatilla area to build a barn was not a significant issue.
Commr. Parks clarified that placing 10 homes on the subject property would still have to adhere to architectural standards, opining that this could be challenging to do on 10 acres.
Commr. Campione noted that this case was important to the residents. She recalled that the Board had previously worked hard on a project near Lake Dalhousie Estates to come up with a solution; additionally, the Board had voted against a dog kennel case near Lake Dalhousie Estates. She opined that the current situation seemed like it had been blown out of proportion, and she expressed concerns for the fees and time to take it to the Code Enforcement Special Master. She opined that they had to go with Agriculture zoning, and she asked the Cataldis to consider facing the barn in a direction that had less impact on the platted lots. She noted that one could place a structure there on R-1 zoning currently and work on cars, and she mentioned that the obnoxious agricultural uses required a conditional use permit (CUP), which would come back to the Board. She thought that the deed restriction could eliminate the most obnoxious use of a marijuana facility, and that the HOA could enforce this.
Commr. Smith asked about the uses in Agriculture zoning which would not have to come back to the Board.
Mr. McClendon replied that items included the following: permitted general agriculture; non-intensive agriculture; family gardens; horse breeding farms; lofts or aviaries; plant nurseries of a minimum of five acres; a roadside farm stand; and a veterinarian clinic. He then said that the following obnoxious uses required a CUP: slaughterhouses; mills; kennels; hog farms; greyhound dog farms; exotic animals; egg processing facilities; chicken farms; and agricultural housing camps.
Commr. Blake made a motion to approve this item with the attached deed restrictions, and Commissioner Campione seconded the motion.
Commr. Campione hoped that one year later, everyone would be getting along and that the barn would be better than what could happen on R-1 zoned property. She thought that setbacks in Agriculture were larger than in R-1 for the structure.
Commr. Smith said that he felt better knowing what uses would have to come back to the Board for a CUP.
Ms. Marsh clarified that because this was straight zoning, the Board could not condition it; therefore, the restrictive covenants would be something voluntary.
Mr. Hoban commented that they had voluntarily given the deed restrictions to the County Attorney, held in escrow, and that he was asking Ms. Marsh that if the item was approved, to initiate cashing the check and recording the deed restrictions.
Commr. Blake amended his motion to reflect this, and Commissioner Campione amended her second.
Commr. Parks thought that the concerns had been addressed; however, to be consistent with his vote in the previous week, he expressed concerns for not being able to condition zoning. He thought that the Board possibly needed to look at what was allowed in Agriculture and R-1 so that they would not be in this situation as often.
On a motion by Commr. Blake, seconded by Commr. Campione and carried by a 3-2 vote, the Board approved Rezoning Case #RZ-21-20-5, Cataldi Property Rezoning.
Commr. Parks and Commr. Shields voted no.
recess and reassembly
The Chairman called a recess at 10:41 a.m. for eight minutes.
Public hearing: ordinance 2021-42 for surveillance equipment
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; CREATING SECTION XI, CHAPTER 3, LAKE COUNTY CODE, TO BE ENTITLED SURVEILLANCE EQUIPMENT; PROHIBITING THE USE OF PRIVATE SURVEILLANCE EQUIPMENT ON COUNTY-OWNED PROPERTY OR PUBLICLY DEDICATED RIGHT-OF-WAY OR EASEMENTS; PROVIDING FOR EXCEPTIONS; RELOCATING SECTION 14.14.05, LAKE COUNTY CODE, LAND DEVELOPMENT REGULATIONS, ENTITLED RIGHT-OF WAY UTILIZATION PERMITS, TO SECTION 18-3, LAKE COUNTY CODE; AMENDING THE SAME TO CLARIFY PERMIT REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.
Ms. Marsh asked that if the Board approved this ordinance, to include the additional provision she provided for doing an exception for mailboxes so that they would not require a right of way utilization permit.
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. Blake, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved Ordinance 2021-42 creating Section 3-78, Lake County Code, to prohibit private surveillance equipment on County-owned property or right of way, and amending the existing requirements for a Right-of-Way Utilization Permit, with the additional provision for an exception for mailboxes.
commissioners reports
commissioner shields – district 1
tour of second harvest food bank
Commr. Shields said that he had toured Second Harvest Food Bank of Central Florida on the west side of the City of Orlando, and he recommended doing this. He commented that they were doing vocational-technical (vo-tech) training and that they had gotten around 400 chefs trained and into the workforce; additionally, he mentioned that logistics training students kept getting hired. He added that he had told them that Lake County could be getting some vo-tech space at Lincoln Park, and he indicated that he would try to connect them to vo-tech individuals to see if something could happen there.
housing forum in city of groveland
Commr. Shields relayed that he had attended a housing forum in the City of Groveland regarding workforce and affordable housing, noting that someone came up with an idea where the County may be able to lead.
tdc meeting
Commr. Shields indicated that there had recently been a regular Tourist Development Council (TDC) meeting.
world waterski championships
Commr. Shields said that on the current night, the World Waterski Championships would be kicked off in the City of Groveland, noting that he would be in attendance. He added that on the following Sunday night, he would be at the awards banquet at Mission Inn Resort and Club.
commissioner smith – vice chairman and district 3
district 3 special meeting
Commr. Smith commented that a Commission District 3 BCC meeting would be on October 25, 2021 at the Venetian Center in the City of Leesburg at 1:00 p.m. to 3:00 p.m.
coffee and conversations
Commr. Smith thanked everyone who attended the recent Coffee and Conversations.
visit to lake cares
Commr. Smith said that he had visited Lake Cares in the City of Mount Dora, noting that it was a fantastic organization that did a lot of good for the community.
meetings in tallahassee
Commr. Smith indicated that on the following day, he would be heading to the City of Tallahassee to meet with the Florida Department of Transportation (FDOT) secretary, the Florida Department of Environmental Protection (FDEP) secretary, and the new director of the St. Johns River Water Management District (SJRWMD) to see if they could get Lake County some help.
resolution 2021-151 for nomination of okahumpka school
Commr. Smith said that he had met Mr. Charles Fields and Lake County Sheriff Peyton Grinnell about a project in Okahumpka. He requested that the Board approve a resolution and a letter of support, and he read the proposed resolution into the record regarding the nomination of the Okahumpka Rosenwald School to the National Register of Historic Places and any subsequent grant opportunities for historical preservation and needed repairs to the building. He noted that they did not have a community center currently, noting that these individuals wanted to bring this facility back to its original form and have a community center with an educational aspect.
Mr. Fields thanked the Board and said that the resolution would benefit their efforts in restoring this historic facility. He indicated that they had worked with the Florida Department of State Historic Preservation Unit, and that the facility was currently in the State of Florida listing of historic facilities or structures. He mentioned that they were also working to have it listed in the national park registry system. He commented that the facility, which had been built in 1929, had a profound exponential impact on the lives of numerous Americans throughout the south, noting that there were thousands of these types of structures built to educate African Americans in rural parts of America. He gave a brief history on the funding for these structures, noting that this facility was not just Okahumpka history, but American history. He commented that this structure would mean a great deal to many Americans, noting that they envisioned it to be used for educational purposes for youth, for senior citizen programs, and health and wellness. He reiterated that they did not have a community center, and mentioned that other schools had been built in Lake County; however, the facility in Okahumpka was one of the few remaining structures that was close to the original design. He expressed appreciation for the Board’s recommendation.
Commr. Campione mentioned the Mr. Virgil Hawkins memorial in Okahumpka, and she asked if Mr. Hawkins would have attended school there.
Mr. Fields replied that Mr. Hawkins did not attend the school, though he had attended a school building on the same site; furthermore, his parents had donated the land where the structure was built.
Commr. Campione stated that there could possibly be an opportunity to recognize Mr. Hawkins’ contributions to education and make it more visible to the public.
Mr. Fields confirmed that they had a plan to honor Mr. Hawkins by naming the community center in his honor, and to use the community center as a museum of sorts.
On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved a letter of support and related Resolution 2021-151 for the nomination of the Okahumpka Rosenwald School to the National Register of Historic Places and any subsequent grant opportunities for historical preservation and needed repairs to the building.
commissioner parks – Chairman and district 2
TRAFFIC ON LAKESHORE DRIVE
Commr. Parks said that he had received complaints about speeding and traffic on Lakeshore Drive in South Lake, south of the bridge. He indicated that he would like to work with staff on immediate steps to help with this, noting that Mr. Fred Schneider, Assistant County Manager, and his staff had done a corridor plan for traffic improvements exclusive to that corridor.
Commr. Campione mentioned that she had received complaints about speeding on Lakeshore Drive in the Cities of Tavares and Mount Dora. She noted that they had looked into placing a sidewalk to help pedestrians feel safer, but there were mixed reviews about this, noting that some people did not want to create a scenario where other people from outside their neighborhood would be using the sidewalks. She also noted concerns that making it a trail could change the nature of the area and make it less quiet. She commented that to address speeding, one idea she had wondered about was asking residents if they would want to take on the additional cost of paying for a deputy, or doing this in conjunction with both Cities to have additional coverage. She noted that this had been offered in other places where a community wanted additional coverage for safety or security reasons, nothing that she was unsure if this could work for Lakeshore Drive in South Lake, but that it was something she was thinking of for Lakeshore Drive in the Cities of Tavares and Mount Dora. She questioned what it would cost per year to pay for someone enforcing the speed on this road.
Commr. Parks said that the County could consider this and possibly approach some of the HOAs along that portion of Lakeshore Drive in South Lake. He thought that there was significant concern over speeding, and that the speed limit there was 45 miles per hour (MPH). He opined that increasing the road to four lanes was not the answer to issues everywhere, noting that it could possibly increase the speeds. He said that there could potentially be some traffic calming that the County could do, and he thought that enforcement was a large part of this as well.
Commr. Campione thought that Lakeshore Drive in the City of Eustis went down to 25 MPH, and that the segment between the Cities of Tavares and Mount Dora was 35 MPH. She commented that the Lake County Sheriff had offered this in other situations, and that the city residents would have to agree. She noted that it was a safety issue for pedestrians.
legislative delegation meeting
Commr. Parks stated that the Legislative Delegation had met in the previous week, and he thanked the Board for allowing him to represent them. He also thanked staff for helping craft a concise message.
thanking commissioner smith
Commr. Parks thanked Commissioner Smith for attending an East Ridge High School versus Tavares High School volleyball game.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:40 p.m.
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SEAN PARKS, chairman
ATTEST:
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GARY J COONEY, CLERK