A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

November 2, 2021

The Lake County Board of County Commissioners met in regular session on Tuesday, November 2, 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: Jennifer Barker, Interim 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 Financial Officer; and Stephanie Cash, Deputy Clerk.

INVOCATION and pledge

Commr. Parks welcomed everyone to the meeting and remarked that the Pledge of Allegiance would be led by Mr. Orin Owen, who was a United States (U.S.) Army Veteran and had been a Lake County resident since 2003.  He said that Mr. Owen had joined the Army in 1980 and had served there until 1985 when he enlisted in the Army National Guard, serving in the Inactive Ready Reserve until 1987.  He commented that during his military career, Mr. Owen was awarded three Army Achievement Medals, the Army Good Conduct medal, and that he was a graduate of the Basic Noncommissioned Officer’s Course for Combat Arms.  He mentioned that Mr. Owen met his wife, Ms. Sherri Owen, while they were both serving in the Army, and that they had five children, noting that one son was currently serving and another son had just completed his service in the Army National Guard.   He stated that Mr. Owen had also served with local Chambers of Commerce since 2007 in various Board capacities, and that he frequently participated in community events with the Chamber Alliance of Lake County, Tavares Chamber of Commerce, the Mount Dora Chamber of Commerce, and the Lake County 4H Association.  He remarked that Mr. Owen currently served on the Board of Directors for the Lake County 4H Association and was very involved with his daughter’s 4H club, the Sorrento Renegades.   He then thanked Mr. Owen for his service to the country and to the Lake County community.

Commr. Blake gave the Invocation, and then Mr. Owen 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. Jennifer Barker, Interim County Manager, mentioned that there would not be an American Rescue Plan Act (ARPA) update, and that Tabs 7 and 9 had been pulled from the agenda to be brought forth at a later time.  She commented that the proof of advertisement was added to Tab 14 since the agenda had been published.

Commr. Parks reiterated that Tab 7 would be brought back at a different date, and that some of the Commissioners had received emails about the Southwest Florida Water Management District (SWFWMD) grant.

Ms. Barker confirmed that was correct, and that the County would converse more with SWFWMD, adding that it would be brought back after those conversations had occurred.

Commr. Campione inquired if the staff report would address some of the items mentioned in the emails, mentioning that if the public looked at that item, they could find that information.

Ms. Barker commented that the County would add many details to the agenda background addressing what had been mentioned in the emails.

Commr. Campione pointed out that the County was not hiding anything, noting that more information was needed in order to address some of the issues that were raised in order to come to an agreement.

Ms. Barker commented that the County wanted to obtain clarification and ensure that everything was being done correctly.

Commr. Parks mentioned that a presentation could be done with a request for action on the Board of County Commissioner (BCC) agenda, adding that it would provide an opportunity for comment.

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

Djeff Ilere, Program Associate

Office of County Probation

 

TEN YEARS

Jacob Stanley, Code Enforcement Officer

Office of Code Enforcement

 

FIFTEEN YEARS

Glen Guzman, Office of Code Enforcement Director

Office of Code Enforcement

 

Isaias Sepulveda Rivera, Senior Laboratory Analyst

Public Works Department

 

Gregory Connell, Assistant Area Maintenance Supervisor

Public Works Department

 

Glenn Bidwell, Battalion Fire Chief

Office of Fire Rescue

 

Ryan Robbins, Fire Lieutenant/Paramedic

Office of Fire Rescue

 

Jeffrey Sacco, Fire Lieutenant/Paramedic

Office of Fire Rescue

 

Andrew Boris, Fire Lieutenant/EMT

Office of Fire Rescue

 

Cameron Gegelman, Fire Lieutenant/EMT

Office of Fire Rescue

 

Daniel Wallace, Firefighter/Paramedic

Office of Fire Rescue

 

Keith Perry, Firefighter/Paramedic

Office of Fire Rescue

 

Jason Green, Firefighter/EMT

Office of Fire Rescue

 

Timothy Greenough, Firefighter/EMT

Office of Fire Rescue

 

Jason Miller, Firefighter/EMT

Office of Fire Rescue

 

Scott Summers, Firefighter/EMT

Office of Fire Rescue

 

RETIREMENT – 8 YEARS

Keith Lee, Equipment Operator II

Public Works Department

 

RETIREMENT – 21 YEARS

Alan Wilbanks, District Chief

Office of Emergency Medical Services

 

Mr. John Simpson, Deputy Director for the Office of Emergency Medical Services (EMS), commented that Mr. Alan Wilbanks was retiring after over 40 years of service in EMS in Lake County.  He mentioned that Mr. Wilbanks was a native of Lake County, and that he had lived in the City of Mascotte for nearly 60 years.  He stated that Mr. Wilbanks had started his career in public safety in the late 1970s volunteering for the Mascotte Fire Department, and that in the early 1980s he became a state certified firefighter.  He said that in 1983, Mr. Wilbanks became an emergency medical technician (EMT), and that he had worked for both South Lake Hospital and Leesburg Regional Medical Center.  He mentioned that in 1985, Lake EMS was formed consolidating the EMS services in Lake County, and that Mr. Wilbanks was hired at that time as an EMT, adding that he continued his education and became a paramedic in 1987.  He noted that in the late 1990s, Mr. Wilbanks had become a field training officer, serving for nearly 10 years in that capacity, and that he had been promoted to district chief where he had served ever since that time.  He mentioned that he was loved by his crews and respected by his peers, and that he was famous for his barbeque, which he prepared every day during EMS week for every EMS provider in the County.  He commented that Mr. Wilbanks had been a member of the Tuscanooga Baptist Church for over 50 years, and that he and his wife, Ms. Mary Wilbanks, had been married for 45 years, adding that they had four daughters and 12 grandchildren.  He thanked Mr. Wilbanks for his service to the community, and congratulated him on his retirement.

Commr. Parks congratulated Mr. Wilbanks and thanked him for his service.

COMMISSIONER’S BOARDS AND COMMITTEES UPDATE

Commr. Parks commented that the Board would be giving updates on the various committees and boards they served on, noting that these committees and boards addressed many issues important to Lake County residents and businesses.  He mentioned that the purpose of these reports was to keep residents informed about the committees and to encourage them to become involved.

Commr. Shields reported that at a recent meeting with the Elder Affairs Coordinating Council, a representative of VITAS Healthcare spoke, noting that this company provided hospice care for veterans.  He commented that about 25 percent of Lake County residents were veterans, and that at a future meeting, they would produce a list of priorities to address.

Commr. Smith reported that the Library Advisory Board elected officers at their recent meeting, and he commented that he was scheduled to attend more meetings in the following week.

Commr. Parks reported that there was a meeting with the Central Florida Expressway Authority (CFX), and that were some questions regarding the Brightline train route between the Cities of Orlando and Tampa.  He commented that CFX was doing route analysis and cost feasibility studies, and that residents and businesses were participating in the discussions.  He opined that it would be impactful, and he said that Brightline would eventually connect the Orlando International Airport to the City of Miami, stopping at the Cities of Palm Beach and Fort Lauderdale.  He opined that it would be good for the State of Florida to have this in place, and he commented that Brightline was a private company. 

Commr. Campione reported that she would be attending a meeting with the Wekiva River Basin Commission on November 12, 2021, and that the Affordable Housing Advisory Committee meeting was the following week.

Commr. Blake reported that he had attended the Central Florida Metropolitan Planning Organization (MPO) Alliance meeting in the previous week, and that they would be starting on their list of priority projects for 2022, adding that they would ask for proposals from those who wanted items included in that list.  He also commented that there would be a Children’s Services Council meeting in the following week, and that there was a vacancy for Commission District 5.  He mentioned that there had been a Public Safety Coordinating Council meeting, noting that they were current on their minutes and had some good presentations.

citizen question and comment period

Ms. Cindy Newton, a resident of Lake County, relayed her understanding that the Board negotiated issues between development and environmental issues, and opined that protection often led to misinformation and conflict.  She thanked the Board for all the research, energy, and time invested in listening and making the best decisions possible for Lake County, and she hoped that the Board would continue working with the Cities on the agreements already in process, such as the interlocal service boundary agreements (ISBA) and the joint planning agreements (JPA). She opined that the high recharge areas and rural protection areas (RPA), were vital to the environment and to the future of the aquifer. She suggested that as the County mapped the greenways, the RPA areas should remain rural, opining that the high recharge soils and the unique farmland soils were being destroyed and would be lost forever. She commented that rural areas provided open space, aquifer recharge, carbon reduction, wildlife habitat, flora pollinators, economic benefits, and mental health benefits, and that a low density transition between the rural and the urban areas would help buffer and make less conflict.

Ms. Susan Fetter, a resident of the City of Leesburg, stated that she was speaking on behalf of the Ocklawaha Valley Audubon Society (OVAS), and that she was grateful that Tab 7 had been pulled from the agenda. She commented that the OVAS was interested in what would happen with the Pasture Reserve issues, and that they had sent a letter requesting that the County cease to view public lands for any purpose other than to protect drinking water, improve water quality of rivers and lakes, protect open space, and provide recreation areas. She remarked that they looked forward to future discussions with the SWFWMD, and they requested that the letter to terminate the cooperative funding agreement be retracted. She proposed that if the County needed land in the future for public infrastructure, it could purchase a separate parcel in the south Lake County area and leave the Pasture Reserve intact. She commented that the letter sent by Mr. Charles Lee, Director of Advocacy for Audubon Florida, relayed more information, and that they looked forward to detailed information regarding the proposed change and to a robust public discussion.

Ms. Lavon Silvernell, a resident of Lake County, thanked the County for responding to the community’s questions about the Pasture Reserve and the SWFWMD grant, for the information supplied, all response to public input, and for pulling it from the agenda. She expressed concern about open space in Lake County, and opined that it was important to preserve water and quality of life, adding that it was appropriate for passive recreation but not large athletic facilities used for economic development. She commented that she was looking forward to the presentation from Mr. Randall Arendt and what his plan involved about preserving open space.

Ms. Deborah Shelley, a resident of Lake County, expressed gratitude for the work done on past and upcoming ISBA issues, and she looked forward to the presentation on the current day.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 and 2, as follows:

List of Warrants

Notice is hereby provided of having received 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.

Southwest Florida Water Management District’s FY 2022 Annual Service Budget

Notice is hereby provided of having received the Southwest Florida Water Management District’s Annual Service Budget for fiscal year (FY) 2022, which runs from October 1, 2021 through September 30, 2022 pursuant to Section 373.536 F.S.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 2 through 10, pulling Tab 11 for discussion, and pulling Tabs 7 and 9, as follows:

ECONOMIC growth

Recommend approval of a Seventh Amendment to the Declaration of Restrictive Covenants to waive Lake County's reservation to repurchase properties within the Lake County Central Park a/k/a Christopher C. Ford Commerce Park. There is no fiscal impact.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval:

1. Of an application and corresponding Resolution 2021-158 for a Florida Department of Health Emergency Medical Services Grant.

2. To accept grant funding awarded.

3. To authorize the Chairman to execute the grant application and supporting resolution.

The fiscal impact is $31,480 (revenue/expenditure - 100 percent grant funded) and is within, and will not exceed, the Fiscal Year 2022 budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Housing and Human Services

Recommend adoption of:

1. Resolution 2021-159 (Exhibit E) attached to the Third Amendment to the 2018-2021 Local Housing Assistance Plan (LHAP); and

2. Resolution 2021-160 (Exhibit E) attached to the 2021-2024 Local Housing Assistance Plan (LHAP).

There is no fiscal impact.

Recommend approval of grant funding and related agreements from nine organizations that submitted applications through the Children's Services Council Grant Request Proposal process. The fiscal impact is $175,760 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

Recommend approval of grant funding and related agreements from nine organizations that submitted applications through the Human Services Grant Request Proposal process. The fiscal impact is $122,500 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

Public Works

Recommend:

1. Approval to execute a Local Agency Program (LAP) agreement with the Florida Department of Transportation (FDOT); and

2. Adoption of supporting Resolution 2021-161 with FDOT for design services for traffic safety improvements on Villa City Road from north of State Road 50 to south of US 27 in the Groveland area, and

3. Adoption of Unanticipated Revenue Resolution 2021-162 adding $600,000 to the Federal/State Grant Fund.

The fiscal impact is estimated at $600,000 (revenue/expenditure – 100 percent grant funded). Commission District 1.

Transit Services

Recommend approval of the Third Amendment to the Agreement with Mid Florida Community Services, Inc. (Brooksville, FL) for the provision of transportation services for nutritional purposes. The fiscal impact is $305,375 (expenditure - $195,375 County and $110,000 Mid Florida Community Services, Inc.) and is within, and will not exceed, the Fiscal Year 2022 Budget.

Tab 11: Link 55 fixed route bus service

 Commr. Smith expressed concern about the joint venture with the Central Florida Regional Transportation Authority (LYNX), and asked if Lake County services could provide the same services for the same amount of money or less.

Ms. Jill Brown, Director of the Lake County Office of Transit Services, stated that the County’s contractor, LakeXpress, could provide this service for less money, and that it would cost $275,200; however, she said that they did not have enough drivers, and that some services had been suspended due to the driver shortages.  She commented that in September 2021, the Board granted a rate increase for wages that went into effect on October 1, 2021, and that six new drivers had been hired.  She stated that full service had been reinstated, and that additional services could now be considered, adding that the contract with LYNX allowed the County to terminate with 30 days’ notice.  She mentioned that the LYNX Link 55 route bus service operated seven days a week, while LakeXpress routes only operated Monday through Friday, noting that the residents of south Lake County had benefitted from this service.  She commented that residents in north Lake County had also wanted weekend service, and that the County could explore providing services on Saturday.

Commr. Smith asked if the County could track the ridership on the weekends to see if it would be worth expanding services, and Ms. Brown indicated that the County could do that.  Commissioner Smith relayed his understanding that the County needed more time to ensure that the new drivers would be adequate before extending services, and he asked what the savings would be if the service was provided by Lake County’s contractor.

Ms. Brown replied that the savings would be around $42,000.

Commr. Smith reiterated that the contract allowed for a 30 day termination notice.

Commr. Parks commented that the bus traveled east into Orange County and west to the Four Corners area, and that it was heavily used compared to other routes.  He inquired if the route could eventually include a north and south route into the City of Clermont, adding that he had received questions from residents about it.

Ms. Brown remarked that the County had considered that option, and that a grant was being applied for through the Federal Transit Administration (FTA) American Rescue Plan Act (ARPA) to fund that route.  She commented that the process was on hold until the contractor was fully staffed, adding that there were still some staffing issues.  She mentioned that the County would reassess the situation in three months, which would give the contractor time to hire and train more staff.

Commr. Smith asked if there would be more information by the beginning of January 2022, and Ms. Brown indicated that there would.

Commr. Campione wondered what would happen if the County terminated the contract and then decided to continue the service, and she asked if LYNX would be willing to resume service. 

Ms. Brown opined that LYNX would resume service, adding that discussions about weekday services had occurred, and that they had been willing to negotiate.

Commr. Campione inquired if the County could negotiate services for a rate that was lower than or the same as the in-house cost, which would reduce the administrative burden for the County.

Ms. Brown commented that LYNX costs were based off of what their hourly costs were for operations, and that the starting pay for their drivers was $17 per hour. 

Ms. Barker asked if their cost included paratransit trips.

Ms. Brown replied that the contract price included Americans with Disabilities Act (ADA) trips; however, she said that the County did not have many paratransit trips that were on the Link 55 route section in Lake County.  She commented that once the County resumed services, the ADA trips would be included, adding that Transportation Disadvantaged (TD) trips were already taking place.

Commr. Parks asked for the price comparison between LYNX and LakeXpress, and Ms. Brown stated that LYNX charged a $2 fee, and LakeXpress charged $1 each trip.  Commissioner Parks commented that it was comparable.

Commr. Campione mentioned that if funds could be saved and put back into the system, a north/south route could be started by offering it certain days a week.

Commr. Parks commented that a route could go from a point in Orange County to the Clermont Park & Ride parking lot.

Ms. Brown mentioned that the County had timed the route, and that it would not allow enough time for connectivity with the Link 55 route, adding that there would be a 20 to 30 minute wait to connect.  She opined that a smaller vehicle could run the Link 55 route, and that a separate vehicle could run hourly to and from the Clermont Park & Ride.

Commr. Smith expressed interest for what would be presented in January 2022.

Ms. Brown said that she would do a presentation for the Board at that time.

Commr. Shields mentioned that he had spoken with staff on this issue regarding the Four Corners area.

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the request from Transit Services to recommend approval of the agreement with LYNX for the continuation of the Link 55 fixed route bus service in South Lake County.

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 mentioned that the cases on the Rezoning Consent Agenda had been heard by the Planning and Zoning Board on October 6, 2021, and that they were all recommended for approval.

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. Blake, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 3 as follows:

Tab 1. Ordinance No. 2021-45

Rezoning Case # CUP-21-07-1

C’s Horse Ranch

Conditional use permit (CUP) to allow for a horse boarding, breeding, and riding stable on 20 +/- acres in the Agriculture (A) zoning district.

 

Tab 2. Ordinance No. 2021-46

Rezoning Case # CUP-21-09-5

Southland Construction – Lady Lake Construction Office

Conditional use permit (CUP) within the Community Commercial (C-2) zoning district to allow for a temporary construction office and storage yard for the FDOT Lady Lake / US Highway 441 reconstruction project.

 

Tab 3. Ordinance No. 2021-47

Rezoning Case # RZ-21-25-5

Myers Property Rezoning

Rezone 14.2 +/- acres from Rural Residential (R-1) to Agriculture (A) to undertake agriculture uses.

 

Presentation of Rural by Design

Commr. Parks commented that Mr. Randall Arendt was a world renowned planner, and that he had given a presentation at a joint meeting between the City of Eustis and Lake County regarding the Thrill Hill Road area.  He opined that these concepts could help the County enact policies that would influence development in the future, which included developing with open spaces, clustering, and larger buffers.  He commented that growth would be coming, but Lake County could grow in a positive direction.

Mr. Arendt, presenting through Zoom Webinar, thanked the Board for the opportunity to make his presentation, and commented that he had met with the County 20 years prior, which had resulted in some ordinance changes and the development of The Park at Wolf Branch Oaks.  He mentioned that there had been discussion about how to preserve the rural character of Lake County while accommodating growth, opining that the best way to accomplish that was to plan a greenway network that was required of all development without reducing the value or number of units that could be built on a parcel.  He proposed that instead of allowing developers to spread out over the entire parcel with house lots and streets, they would have to respect the greenway and design and build on the non-greenway parts of their property, which would be laid out for them and easy for them to do.  He stated that for this presentation, he would be drawing on a number of his publications, such as the following: Envisioning Better Communities, Seeing More Options, Making Wiser Choices; and Rural by Design, Second Edition, Planning for Town and Country.  He commented that the old urban way of planning included platting out house lots and streets regardless of where there were drainages or floodplains, and that there were towns laid out long ago by engineers and surveyors who simply drew squares.  He opined that engineers and surveyors were slightly better than that presently, and that wetlands and floodplains were addressed with more sophistication. He opined that it was still difficult to conserve buildable land in addition to the unbuildable areas, and that greenway mapping was a way to accomplish that, which could be done through County and City Comprehensive Plans (Comp Plans).  He presented a partial map of Orange County, North Carolina, showing greenways of unbuildable wetlands, floodplains, and steep slopes, and it also showed greenways of buildable woodland or farmland.  He commented that half of that area could remain open by doubling the net density in the other parts of the property, and that shifting the density to the non-greenway parts of the property provided a density neutral solution.  He showed a map of an area in Chester County, Pennsylvania, which outlined unbuildable and buildable greenways, and he commented that the buildable greenways could be protected with requirements that a developer had to follow a conservation design concept.  He mentioned that greenway maps were created by studying aerial photographs, topography maps, flood plain maps, and soil maps, and he presented a map of an area in Howard County, Maryland, from the early 1960’s which showed the greenway approach.  He commented that the area had been mapped ahead of development, and that it outlined all the areas that would remain open, opining that Lake County could do the same.  He said that the Suburban Park System Master Plan in Omaha, Nebraska, had planned for sewer extensions along with greenway and park planning about 40 years prior, and that it had resulted in 130 miles of paved trails, 140 neighborhood parks, and 40 miles of planned trails paid for with sewer improvement district bonds.  He showed examples of neighborhoods developed with greenways, and he commented that there was value added to a development when homes were adjacent to or near a greenway or a greenway park.  He opined that when developers were given the option of dividing land conventionally or creatively, they would choose the conventional way 95 percent of the time, and that the County would have to regulate development in order to implement a greenway conservation design as a by-right, permitted use, with conventional designs requiring a conditional use permit.  He showed two versions of a subdivision plan, and he explained that even though they both had the same number of lots, the lots that were 40 percent smaller allowed 40 percent open space.  He opined that the value of the smaller lots was more because they were part of a greenway plan and a neighborhood park.  He presented a parcel map from the State of Pennsylvania that separated the building zone from the conservation zone, and he mentioned that those lines could be changed as long as the greenway was contiguous and interconnected.  He displayed a design of a subdivision he had designed in Lancaster County, Pennsylvania, which had wide buffers and community open space, and he commented that most of the lots were close to an open space, increasing their value.  He opined that when developers realized that greenway planning improved the value, they would prefer it, and he commented that subdivision lots on golf courses had greater value even though the lot sizes were smaller.  He mentioned that golf courses could cost $10 million, and that preserving a greenway corridor would cost virtually nothing.  He commented that in order to do a good conservation design, a detailed site analysis map would be needed for each property, and then it would be necessary to walk the property in order to design a concept plan for the green spaces, adding that the development could be designed around the concept plan.  He remarked that this involved a four-step design process which included the following: potential conservation areas being identified; the house sites being located; the homes being connected with streets; and then the lot-lines being drawn in.  He said that he started with a yield plan, which was the number of homes that could be built on the property considering opportunities and constraints, and that he would then identify potential conservation areas and potential development areas.  He commented that the next steps included locating the house sites, joining the houses with streets and trails, and then drawing the lot lines.  He opined that a developer would achieve a higher sales velocity when he designed with open space, which could include a golf course, a meadow, a pasture, or a woodland.  He mentioned that two sketch plans could be compared before the preliminary plan because of the engineering requirements and large costs involved with a preliminary plan, noting that the two sketch plans could portray a conventional design and conservation design.  He commented that the four-step design process should be applied on a site-by-site basis, and that it was shown by an area-wide plan with potential greenway linkages creating an interconnected network of conservation lands, which included both woodland habitat and productive farmland.  He said that the first step was to design around natural and cultural features, noting that a low lying area or a group of live oaks would be better as an open space.  He opined that front-facing homes with wide buffers from a road that would become more heavily trafficked in the future would be better than a cluster development that backed the homes up to the existing road.  He mentioned that conservation lands were usually a mixture of high quality woodlands and productive farmland, and he displayed several site plans showing both farmland and woodlands being preserved in a conservation subdivision.  He stated that maintaining full density could be achieved by trimming lot widths and area according to what the County deemed appropriate, and that the same number of lots could be developed with value-adding open space.  He showed an aerial image of a subdivision designed around a golf course, and he compared it to a subdivision designed around community greens instead of putting greens and greenways instead of fairways, adding that they looked very similar.  He showed a site plan for a development built 60 years prior using the greenway concept which included several housing types, and he noted that it had weathered very well over the decades.  He commented that Battle Road Farm in Lincoln, Massachusetts, was an example of blending housing types which included 40 percent affordable units, and 60 percent market rate units divided between senior and unrestricted housing, adding that 59 percent remained as open space.  He gave the example of Baldwin Park, a neighborhood in Orange County, to illustrate the higher value and quality of life offered in an area developed around greenways, adding that there could be developments like this throughout Lake County.  He opined that it was a buildable, time tested, profitable practice, and that developers could become familiar with it if the County adopted policies to encourage it.  He commented that in order to maximize value, the developer could design around good trees, and that they would help with drainage and stormwater retention.  He showed an example of a clustering approach which would leave some greenspaces, but he opined that it was not as good as a conservation approach, which developed greenspaces in front of the houses instead of behind them.  He showed several examples of how connecting greenways enhanced developments, and he opined that it was important to situate greens and parks as terminal vistas.  He mentioned that attached green areas decreased the cost of street paving for developers because the lots abutted the park on one or more sides, and that it added value for homes that had a direct relationship with the open space.  He commented that back lanes were not always needed, and that side-entry garages allowed the lot width to be trimmed without alleys or rear driveways.  He opined that cul-de-sacs should be looping streets around a central median that was 40 to 50 feet wide, and that the curve should have the same turning radius as a cul-de-sac turnaround, which would be a 50 foot radius.  He explained that it would create an open space in the middle, and that it would also create space for trees, gardens, and stormwater retention areas.  He opined that green streets, which were called mews, should be put into the County codes, noting that there was no street in front of the residences because all access was in the back.  He commented that eliminating many of the duplicative streets would save developers paving costs, and that it would reduce the amount of stormwater runoff, adding that there was still good circulation for emergency vehicles, personal vehicles, delivery trucks, and service vehicles.  He concluded by saying that the greenway idea was the most important piece that he wanted to demonstrate, adding that the conservation ideas, such as attached greens, greenway streets, mews, and foreground meadows, were also important aspects of his presentation.  He added that he had an affordable example of a pocket neighborhood in an area with 10 housing units per acre, and that it included several public housing units around a bungalow court in Boulder, Colorado, which maximized density and also maximized open space. 

Commr. Parks thanked Mr. Arendt, and commented that this was a good opportunity to focus on a long-term item that could benefit the community, adding that this was an issue that was challenging to implement.  He remarked that the reason many people lived in Lake County and were moving there was because of the rural aspects, and that this presentation was timely because it offered a balanced approach.  He opined that there were some steps the County could take to enact those policies and to address the growth challenges that Lake County faced.

Commr. Campione thanked Mr. Arendt, and mentioned that she had worked with him on The Park at Wolf Branch Oaks, noting that it was the only example in Lake County of a conservation design.  She commented that the County was starting to feel the pressure to grow, and that if the County could require 50 percent open space in an area with one unit per acre, the County could achieve neighborhoods with low density like The Park at Wolf Branch Oaks.  She wondered how the County could interest the Cities in this concept, noting that the presentation included multifamily units that were designed to look like large farmhouses.  She commented that the Cities had water and sewer systems, and that the greenspaces could be preserved and connected with other green areas, opining that it would be a challenge.  She said that she liked the idea of switching the planned unit development (PUD) permit to accommodate a greenway conservation design, with conventional designs requiring a conditional use permit.  She opined that having meetings with the municipalities and mapping out greenways and connections would be a good way to start. 

Commr. Smith commented that it was interesting that no density was lost in the conservation designs, and he opined that meeting with the Cities and having Mr. Arendt give his presentation there was a good idea.

Commr. Shields said that he would like to see if Mr. Arendt had any suggestions for code changes, noting that the County did not provide water and sewer services.

Commr. Campione opined that working with the Cities would be more successful than trying to implement developments in the County, noting that clustering would require water and sewer services.  She commented that conservation designs could be implemented along the city perimeters, and that the County already had rural transition tools.  She mentioned that the County could map greenway connections, and that open space on the city perimeters would allow for the creation of connections, noting that greenways could also go through the middle of the development.  She opined that the residents of Lake County would support the connecting of greenways and green spaces, and that the County could lead the way and bring the Cities on board.  She commented that the pocket neighborhoods could benefit the affordable housing situation and develop infill inside the cities.

Commr. Blake agreed and commented that if it was an approved use, a developer would not have a difficult time acquiring approval to build, and he asked what the effect on the neighbors was when this type of a development was proposed.

Commr. Campione opined that the residents would not like the smaller lots, and she described an experience with a proposed neighborhood where residents who lived on one and two acre lots did not want the neighboring subdivision with one-quarter acre lots.  She opined that it was challenging to reconcile unless residents could see this type of presentation to help them visualize how the greenspaces would benefit them.

Commr. Blake agreed and related an experience from a prior zoning meeting that presented a neighborhood with 150 foot buffers, and that it had not made any difference to the neighboring property owners.

Commr. Parks mentioned that many properties in Lake County had been old orange groves or flat pasture land, and he inquired if a conservation design would include restoration or require more landscaping in those areas set aside for open space.

Commr. Campione commented that if there was a greenway adjacent to the property or if it had been mapped with that intent, the property could be designed with new trees to make the connection.

Mr. Arendt said that land that was fairly level with no trees described much of the Midwest, and that many conservation subdivisions had been designed around land which had transitioned from one type of agricultural use to another.  He mentioned that there were subdivisions in the Midwest with restored prairieland, and that a meadow sowed with wildflowers could become a blanket of color.  He remarked that there were some conservation subdivisions designed around an equestrian theme, which included boarding stables and paddocks, and that people could ride through the open spaces, the trails, and the greenways that connected from one property to another.  He commented that the open space could be planted with trees, and that a series of parks could be included in a development as opposed to just farmland.  He recalled that another subdivision he had designed turned the farmland into a tree nursery, which was a nice green use because it was quiet and good for the planet, noting that it added value to the development because it was producing income.  He opined that people should not focus on lot size, but they did because they assumed that a less valuable house would be built on the quarter acre lot.  He opined that it was not true in a golf course development, and that it was not true in conservation developments that he was familiar with.  He opined that there were ways to help people understand that what they were concerned about was not what the County was proposing to create with the new zoning.

Commr. Campione inquired if there would be an issue with property rights if a person’s land was mapped as an area that was not developable, and she asked if wetlands and topography could be used to extend areas to conserve without taking away a person’s property rights.

Mr. Arendt opined that people were mostly interested in how they would be affected financially, and that a conservation design would not impact them negatively, adding that it would affect them in a positive way.  He opined that some people were against any kind of regulation because they wanted to have the freedom to do what they wanted.  He commented that everyone had to live in a society with speed limits and zoning laws that protected them and their neighbors, noting that property rights were already limited in a way that many people agreed with.  He mentioned that what he had presented had been adopted all around the country, and opined that it was a means to get the same value in a different way that would benefit everybody. 

Commr. Campione reiterated that it included moving the density from the areas that were designated as greenways over to the areas that could be developed.

Mr. Arendt agreed and commented that it would be like shifting from the west to the east and leaving one half as open space.

Commr. Campione mentioned that some land management would be necessary to maintain the open space, the park, or the forestland, and that the cost would have to be shared among the homeowners.

Mr. Arendt commented that there would be automatic membership in a homeowners association (HOA) to pay for mowing the grass on the village green or the playing fields, adding that sometimes a land trust could be interested in some or all of the property. He mentioned that sometimes a City or County would be interested in some or all of the open space, and that it could be a public greenway or a public playing field.

Commr. Campione said that in an affordable housing situation, having a public greenway would be better than charging the homeowners for the maintenance.

Commr. Parks expressed appreciation for Mr. Arendt and his presentation, noting that opportunities to plan long-term were rare.  He commented that the County had invited the Cities to have a planning meeting in the following year, adding that there were some policy changes that could be made at the County level.  He mentioned that the Town of Montverde required these types of concepts, and that it required a waiver to do something different.  He commented that in a future meeting, the Board could discuss changes that they would like to see, and he hoped that it would result in less opposition to projects that were presenting these concepts.  He expressed concern about Lake County becoming another suburbia if changes were not made.

Commr. Campione opined that it was already happening in some areas in Lake County, and that the County needed to move forward with these changes.

Commr. Shields asked if Mr. McClendon had an update on Seminole County.

Mr. McClendon commented that the majority plus one language was going to the voter referendum in Seminole County.  He commented that the material in Mr. Arendt’s presentation had been required reading when he was in college, and what the Board had seen in 45 minutes had been designed as a semester long class.

Commr. Parks opined that at a college or university, this material would have cost thousands of dollars.  He then mentioned that there were several lawmakers in the audience who were concerned about the future of Lake County.

recess and reassembly

The Chairman called a recess at 11:13 a.m. for five minutes.

first public hearing to change Commission District Boundaries

Ms. Marsh stated that the redistricting and adopting a new map based on census was required by Section 1(e), Article VIII of the Florida Constitution to divide the county into districts as equal in population as possible based on the decennial census.  She said that it was also required under Section 124.01(3) of the Florida Statutes, and that changes in the boundaries of County Commissioner Districts should be made only in odd-numbered years, noting that a map would need to be adopted before the end of the current year.  She commented that in 2020 the decennial census was undertaken by the U.S. Census Bureau, and that Lake County’s population was reported as being 383,955, making the target population per Commission District 76,791.  She mentioned that when adjusting district boundaries, the following guidelines should be followed: they had to be as equal in population as possible; the boundaries generally followed the Census Blocks, of which there were 10,063 in Lake County; the district boundaries needed to follow significant boundaries, such as roads and waterbodies; the deviation between Commission Districts should be three percent or less; and the boundaries could not zone existing Commissioners out of their district.  She said that the new County Commission District map was developed in-house starting with the existing boundaries and a target population of 76,791 per district.  She mentioned that the boundary lines were adjusted based upon the identified factors, and that on October 5, 2021, the Board approved the Notice of Changing Commission District Boundaries so that the proposed map could be advertised.  She commented that the advertised map showed the population distribution to be the following: Commission District 1 was 77,819; Commission District 2 was 76,385; Commission District 3 was 76,044; Commission District 4 was 77,007; and Commission District 5 was 76,701.  She mentioned that the deviation percentages were well under three percent, and that in order to do that, several municipalities were split between districts, noting that the current Commission Districts also shared some municipalities.  She stated that currently, the City of Minneola was split between Commission Districts 1 and 2, the City of Fruitland Park was split between Commission Districts 1 and 5, the City of Leesburg was split between Commission Districts 1 and 3, the City of Eustis was split between Commission Districts 3 and 4, and the Town of Howey-in-the-Hills was split between Commission Districts 1 and 2.  She said that under the proposed map, the City of Minneola would be split between Commission Districts 1 and 2, the City of Clermont would be split between Commission Districts 1 and 2, the City of Leesburg would be split between Commission Districts 1, 3, and 5, the City of Eustis would be split between Commission Districts 3 and 4, and the City of Groveland would be split between Commission Districts 1 and 2.  She mentioned that this would be the first public hearing, but that the map would not be adopted on the current day, adding that changes could still be made.  She commented that the second public hearing would be held during the November 16, 2021 BCC meeting, and that the final tentative adoption would be December 7, 2021.  She said that if changes were made at the November 16, 2021 BCC meeting, the tentative adoption could be moved to the second BCC meeting in December 2021, noting that staff would need time to write the legal descriptions and publish them.  She stated that there would be an ordinance or resolution that would come before the Board, and that the change would become final on the day it was adopted. 

Commr. Parks expressed appreciation for the process, adding that the legal description was a massive undertaking for the staff, and that it would have to be redone if there were changes.

Ms. Marsh commented that the surveying staff was currently working on the legal description, and that if there were changes made at the current meeting, there would be time to make those changes.  She reiterated that if there were changes at the November 16, 2021 BCC meeting, the final reading would have to wait until the second BCC meeting in December 2021.

Commr. Shields asked if the proposed change was the only public input that had been received.

Ms. Marsh replied that it was the only input she had received, and that she had received it the previous day.  She presented a map with proposed changes, and she mentioned that these changes were requested by the City of Eustis, noting that the city was split between Commission Districts 3 and 4.  She commented that Commission District 3 would go to the west of Lake Yale, and that Commission District 4 would go down further.  She stated that the population numbers were still consistent, and that they were close to the target district.  She mentioned that Commission District 4 would be reduced from 77,000 to 76,000, and that Commission District 3 would be increased, noting that it would still be within the three percent allowable difference.  She said that if the Board was interested in approving this map, there would need to be a motion and a vote, and that they would then start adjusting the legal descriptions.

Commr. Blake inquired what the reason for the proposed change was.

Ms. Marsh replied that she did not know the reason for the proposed change, noting that the City of Eustis had requested it.

Commr. Parks commented that the redistricting been discussed at a City of Eustis council meeting, and he had anticipated that there would be a request by them.

Commr. Smith commented that he would approve the change if Commissioner Campione approved.

Commr. Campione expressed concern that the new map would not include areas previously discussed, and she mentioned that she did not agree with the boundaries in the Grand Island area.

Commr. Blake commented that unless there was reason for the requested change, he did not see a need for the proposed changes, opining that the advertised map was more concise.

Ms. Marsh suggested that the Board could compare the two proposed maps, and she displayed the advertised map.  She relayed that the difference included Commission District 3 continuing around Lake Eustis rather than continuing up to the Marion County line.

Commr. Campione commented that the dividing point would be in the Grand Island area, and that changing it to include the area north to the Marion County line would increase the population.

Ms. Marsh said that it depended on how many census blocks were there, adding that the census blocks had to stay together, and that the Commissioner District count could not be below the 76,000 person threshold.  She commented that if Commission District 3 continued north to the Marion County line, the population would still be near 76,000.

Commr. Campione proposed that the lines be changed to include the Grand Island area and the area between Eudora Road and County Road (CR) 19A.

Ms. Marsh said that staff would make that change and circulate it, and that it would be presented at the following BCC meeting. 

Commr. Campione asked if there was time to meet the deadlines.

Ms. Marsh replied that there would have to be a second BCC meeting, and that if changes were made at the second meeting, it would require the adoption to take place at the second BCC meeting in December 2021, assuming that the numbers were suitable.

Commr. Campione opined that it should be adequate, noting that there were several subdivisions in the Grand Island area.

Commr. Smith commented that the goal was to make sure it was suitable, and that it could be adopted at the second BCC meeting in December 2021.

Ms. Marsh stated that something would have to be adopted by the end of 2021, adding that the Board could call a special BCC meeting if necessary.

Commr. Blake inquired if the City of Eustis could be contacted to ask what their particular concern was with the advertised map, and Ms. Marsh indicated that the City could be asked.

Commr. Parks reiterated that the new option would be presented at the following meeting, and he inquired if the map that was chosen had to have two readings.

Ms. Marsh clarified that there only had to be two public hearings, and that adjustments could be made at both public hearings.  She reiterated that the final document based on the public comments had to be done before the end of the year.

Commr. Parks commented that a choice had to be made, and that time would be needed before December 2021 to write the legal description, adding that the Board could delay until the second BCC meeting in December 2021 to adopt the new map.

Ms. Marsh mentioned that the Board could have a special meeting, and that if a new map was not adopted in the current year, it would have to wait until 2023.

Commr. Parks asked what dates were on the meeting schedule for December 2021.

Ms. Barker mentioned that the BCC meetings were scheduled for December 7, 2021 and December 21, 2021.

Commr. Parks opined that there would be enough time.

Ms. Marsh stated that staff would make those changes and advertise the alternate map, and that the Board would be provided with the alternate map at the public hearing on November 16, 2021.

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.

Other Business

Appointment to the Arts & Cultural Alliance

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a 5-0 vote, the Board approved to appoint Mr. Ronald Nunez to the Arts & Cultural Alliance as a member representing the City of Groveland, and approval of corresponding ethical waiver.

reports

county Manager

Veteran’s Day Closures

Ms. Barker pointed out that the County Offices would be closed on November 11, 2021 in observance of Veteran’s Day.

commissioners reports

commissioner shields – district 1

Four Corners meeting

Commr. Shields stated that the Commissioners and staff for the Four Corners area gathered together and defined Four Corners as a five mile radius, adding that the County should get the referendum language ready by June 2022 for the community center.

Commr. Campione inquired if there would be a referendum in that area for a Municipal Service Benefit Unit (MSBU) to fund the services.

Commr. Shields remarked that it was for a multiuse facility, adding that there were two parcels identified for it, and that the language had to be written by June 2022.  He said that in the meeting with the other Commissioners, he had hoped to find some cost savings and do joint planning together, but he opined that it was too complicated.  He mentioned that it had never been done before, and that there was no model to follow.  He commented that they would meet again to plan what the facility would look like, and that a decision could be made at that point before moving forward, opining that it would take a long time.

Commr. Parks commented that the meeting included four Counties, and opined that it was not seen as a priority to all parties involved. 

Commr. Shields mentioned that there was a mix of residents in the area, and that Osceola County had mostly businesses and vacation home communities, Polk County only had a narrow strip, and Orange County had some residents and some businesses.  He remarked that the needs were going to be different for each of the counties, which would complicate the process.  He commented that they had agreed on the need for a multiuse facility, and that it had been mentioned at an Elder Affairs Coordinating Council meeting, opining that there was a need for places for elders to socialize.

Commr. Campione inquired about who would manage it, if it would be a place that groups could reserve, and if there would be active programs being offered.

Commr. Shields commented that there were actively involved residents in the area, and that there was a small community center for teens and a foodbank where residents volunteered their time. 

Commr. Campione opined that the cost to operate a facility like that should be taken into consideration, and that it would require employees, maintenance, and group coordination.  She commented that the cost would need to be discussed, and that the MSBU could be used to pay for the operating costs.

Commr. Shields mentioned that there was a substation for the Lake County Sheriff’s Office that was going to be built in that area, and that the community center could be built there as well.

Commr. Campione opined that it would be good to have that presence there and a joint use.

Commr. Parks commented that it could be placed on the BCC agenda, opining that it was good to pass a referendum for the capital cost; additionally, he mentioned that long-term plans needed to be made clear because of maintenance issues.

Commr. Campione commented that a referendum could not be conducted until the costs and the taxes to pay for those costs were known and could be shown on the residents’ tax bills along with what they would be getting in return, adding that a feasibility analysis could be done.

Commr. Shields mentioned that there would be room to grow for services, such as a bus service.

Commr. Parks remarked that there was a lot of involvement in that area, and that they wanted the opportunities, but that the referendum had to be clear about what it would entail.

Commr. Shields opined that it was important to involve the community.

Commr. Campione asked what it would cost to operate and what the parameters of scope were, opining that the council should create the parameters and make sure it was sustainable.

commissioner smith – vice chairman and district 3

Keep Lake Beautiful cleanup

Commr. Smith remarked that on the following Saturday, Keep Lake Beautiful would be doing a community cleanup and a bulk tire disposal in Sorrento, and that the information was online.

charity softball tournament

Commr. Smith commented that the Lake County Sheriff’s Office (LCSO) and the Lake County Fire Rescue (LCFR) charity softball tournament would be held in the City of Clermont.

Montverde Day

Commr. Smith mentioned that it would be Montverde Day on the following weekend.

commissioner campione –district 4

Fire station Groundbreaking

Commr. Campione stated that she had attended the groundbreaking for the new fire station in the City of Mount Dora, adding that it was located close to a proposed roundabout, which would help their trucks leave the station.  She said that it was well attended, and that their Fire Chief was grateful for the intergovernmental coordination for first response, opining that it was a great event.

Keep Lake Beautiful cleanup

Commr. Campione reiterated that the Keep Lake Beautiful cleanup would be on the following weekend, and that they needed volunteers, opining that it would be a good event with a large turnout.

commissioner parks – Chairman and district 2

Joint planning meeting with municipalities

Commr. Parks stated that the planning effort between the Cities and the County would be in January 2022, and that the County was crafting a presentation, which included aspects of Mr. Arendt’s presentation on Rural by Design and Mr. Ernie Cox’s presentation for Family Lands Remembered, LLC from the previous March 2021, adding that Mr. Richard Levey with Levey Consulting, LLC would be assisting. 

Commr. Campione inquired if there could be way to see how these concepts would work on a map of Lake County.  She opined that it was nice to see what other places had done, but that it would be better to show what could be done in Lake County to demonstrate the possibilities.

Commr. Parks suggested that a three minute segment could be prepared and presented, and he mentioned that the agenda was being prepared.  

North Shore Trailhead biking event

Commr. Parks commented that he had participated in a biking event sponsored by Lake County, which had been attended by multiple staff members, as a part of Mobility Week, and that they had ridden from the North Shore Trailhead to the Green Mountain Scenic Overlook and back, adding that the County was going to start organizing bicycle rides on a regular basis around Lake County.

Commissioner’s Cup softball tournament

Commr. Parks reiterated that the softball tournament was coming up between LCFR and the City of Clermont Fire Department, and that the LCSO would be playing against the City of Clermont Police Department for the Commissioner’s Cup, noting that the LCSO had won the prior two games; furthermore, he said that all proceeds would go to the families of the three officers that lost their lives to the coronavirus disease 2019 (COVID-19).

recess and reassembly

The Chairman called a recess at 12:00 p.m. until 1:00 p.m.

Closed session

Ms. Marsh relayed that she had previously acknowledged the need for a closed session, which was authorized under Florida Statute 286.011, to discuss pending litigation against the County.  She elaborated that once the closed session started, it would be confined to settlement negotiations or strategy sessions related to litigation and its expenditures.  She mentioned that on the current day, the Board would be discussing Blackwater Creek Wetlands Mitigation, LLC vs. Lake County, which had a case number of 2020-CA-001656.  She commented that the court reporter would record the entire session from when they began until they ended, and that the court reporter would include all discussions in those proceedings, including the names of all persons present at any time and whoever spoke.  She added that none of the session could be off the record, and that the court reporter’s notes would be transcribed and be made public once the litigation was concluded.  She noted that at the beginning of this session, the entity was required to give notice of who was going to be present, and that the County was required to produce an advertisement, of which she had a copy in her possession.  She noted that the advertisement was published on October 22, 2021 in the Daily Commercial newspaper.  She specified that she would be present along with the following: the Board; the Interim County Manager; and outside counsel, Mr. Isaac Ruiz-Carus.  She anticipated that as much as an hour would be spent in the session, and that they were ready to begin.  She then asked for the recording to be turned off and for the doors to be secured.

recess and reassembly

At 3:06 p.m., the Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:07 p.m.

 

 

 

 

 

 

_________________________________

SEAN PARKS, chairman

 

 

ATTEST:

 

 

________________________________

GARY J COONEY, CLERK