A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

February 27, 2024

The Lake County Board of County Commissioners met in regular session on Tuesday, February 27, 2024 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, 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. Smith welcomed everyone to the Board of County Commissioners (BCC) meeting and noted that it was being streamed on the County website; furthermore, they were also broadcasting the meeting via Zoom.

Pastor David Averill, with First United Methodist Church of Mount Dora, gave the Invocation and led the Pledge of Allegiance.

virtual meeting instructions

Mr. Levar Cooper, Director for the Office of Communications, 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 through 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, County Manager, relayed that Appendix A was added to Tab 8 and that an update to Exhibit B was attached to Tab 14. She requested that Tab 21 be pulled, and said that Tab 24 was added as an addendum to the consent agenda.

Minutes approval

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of December 20, 2023 (Special Meeting) as presented.

citizen question and comment period

Ms. Cindy Newton, a resident on Lake Swatara, invited everyone to the EcoExpo taking place on the following Saturday at the Lake Square Mall at 9:00 a.m. She commented that this free event would have many speakers and a car show in the parking lot; furthermore, there would be some characters walking around inside the mall for the children. She mentioned that Commissioner Shields would be their keynote speaker at 1:45 p.m., and that he would speak on smart growth with a green approach.

Mr. Paul Paquette, a resident of Volusia County, related that he was a small, family-run business developer with projects in five different counties in the State of Florida, and that he had two projects in Lake County. He remarked that he had an issue with one project and had contacted the Commissioner for help. He expressed appreciation for Commissioner Campione, opining that she was an example of servant leadership. He stated that he had received help that day, and opined that even though the issue was not yet resolved, he had received great customer service. He mentioned that he had been introduced to Ms. Mary Ellen Stern, Executive Director for Economic Growth, and the building inspector, who he opined would be instrumental in seeing this issue resolved. He opined that servant leadership was important, and indicated appreciation for those people and many others in Lake County.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 3, 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 as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

City of Minneola Ordinances

Notice is hereby provided of having received Boundary Amendment Ordinance 2023-28 and Future Land Use Map Amendment Ordinance 2023-29 from the City of Minneola.

Town of Lady Lake Ordinances and Resolutions

Notice is hereby provided of having received the following from the Town of Lady Lake: Ordinance 2023-09; Ordinance 2023-10; Ordinance 2023-11; Ordinance 2023-12; Ordinance 2023-13; Ordinance 2023-14; Ordinance 2023-16; Ordinance 2023-20; Ordinance 2023-21; Resolution 2023-107; Resolution 2023-108; Resolution 2023-109; Resolution 2023-110; Resolution 2023-111; and Resolution 2023-112.

PROCLAMATION 2024-1 Women in construction week

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Proclamation 2024-1, Women in Construction Week.

Commr. Campione introduced Ms. Michelle Whitehead, former National Association of Women in Construction (NAWIC) president, Ms. Jennifer Kline, Women in Construction Week Chair, Ms. Adis Fairington, NAWIC Greater Orlando Chapter President, and Ms. Nancy DeCaul, NAWIC Greater Orlando President Elect. She read and presented Proclamation 2024-1 to Ms. Fairington.

Ms. Fairington commented that the NAWIC Greater Orlando Chapter had members from Lake County, and that they were honored to be recognized for the Women in Construction Week. She related that they were committed to supporting women and encouraging the next generation, especially with the labor shortage at the current time, and she expressed appreciation to Lake County for this honor.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Blake requested to pull Tab 15 for a separate vote.

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 16, with the addition of Tab 24, and pulling Tab 15 to the regular agenda, as follows:

COUNTY ATTORNEY

Recommend approval and execution of an Agreement between Lake County and Pennbrooke Homeowners’ Association, Inc., for Traffic Law Enforcement on Private Roads. There is no fiscal impact. Commission District 5.

Recommend approval:

1) To authorize the Chairman to execute the Settlement Agreement for Voluntary Dismissal with Prejudice in Lake County, Florida vs. CFL Holdings, LLC, et al. (Circuit Court Case No. 2023-CA-001800); and

2) To authorize the County Manager to execute the associated Release of SHIP Mortgage.

The fiscal impact is $90,000 (revenue - SHIP Program).

PUBLIC SAFETY

Emergency Management

Recommend approval of a Non-Exclusive License Agreement with Duke Energy Florida, LLC, to utilize the Lake County Fairgrounds, in Eustis (Alternate Key 1122767) for a temporary staging area and base camp for Licensee's disaster response contingency plans and activities during federal, state, or local emergencies. There is no fiscal impact. Commission District 4.

community services

Housing and Community Services

Recommend approval:

1. Of a Sub-Recipient Agreement with the Astor Community Association for Community Development Block Grant Fiscal Year 2023-24 funds to repair and resurface the Astor Community Association parking lot; and

2. Of a budget transfer in the amount of $40,000 from Aids to Private Organizations to Aids to Private Organizations-Astor Community Association.

The fiscal impact shall not exceed $40,000 (expenditure - 100 percent CDBG funded). Commission District 4.

Library Services

Recommend approval:

1. To repeal and replacement of Board Policy LCC-63 entitled Library Impact Fee Application and Distribution Process; and

2. To extend the library grant application due date from March 1, 2024, to April 1, 2024, to allow for implementation of the new policy, if adopted.

Commissioner Blake is the liaison to the Library Advisory Board.

infrastructure and transportation services

Public Works

Recommend adoption of Resolution 2024-31 accepting Good Hearth Boulevard "Part" (County Road No. 1262) and Hilltop Groves Boulevard (County Road No. 1263D), as contained in Johns Lake Landing, into the County's maintenance system.

These roads, totaling 0.42 miles, have an Annualized Average Maintenance Cost Impact of $8,868.13 per year or $177,362.51 over a 20 year life cycle. This is based on current costs for road maintenance efforts including road surface, curb and gutter, and drainage systems.

The estimated annual fiscal impact is $8,868.13 (expenditure), which is within the Fiscal Year 2024 Budget and will be included in future year budget requests. Commission District 2.

Recommend adoption of Resolution 2024-32 to install stop signs and all way plaques on County Road 561A at North Hancock Road in the Minneola area.

The estimated fiscal impact is $600 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 2.

Recommend approval to accept the final plat for Ridgeview Phase 5 and all areas dedicated to the public as show on the Ridgeview Phase 5 final plat.

The estimated fiscal impact is $1,551 (revenue - final plat application fee) and there is no annual maintenance cost as the roads within the subdivision are private. Commission District 1.

Recommend approval to accept a non-exclusive permanent drainage easement from Wellness Ridge Community Development District, LLC to facilitate the construction of Wellness Way Boulevard. There is no fiscal impact. Commission District 1.

Recommend adoption of Resolution 2024-33 to post “No Trucks over 10 Tons Local Delivery Exempt” signs on South Quarters Road and Main Avenue in the Okahumpka area.

The fiscal impact is estimated at $500 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 5.

Recommend approval of a Road Transfer Agreement to transfer Max Hooks Road (CR 1429) and the adjacent Montevista Loop Trail from Lake County to the City of Groveland.

The fiscal impact is approximately $102 (expenditure - recording fees). Commission District 2.

Recommend adoption of Resolution 2024-34 to advertise a public hearing to vacate platted right of way located north of CR 450 and east of North Lake Regional Park. The closest municipality is Umatilla. The fiscal impact is $2,295 (revenue-vacation application fee) and is within the Fiscal Year 2024 Budget. Commission District 4.

county manager

Recommend approval to cancel the March 5, 2024 BCC Planning & Zoning meeting.

Tab 15: automated license plate reader

Commr. Blake remarked that he wanted a separate vote on this item because the Board had previously discussed automatic license plate readers (LPR), and that he had an issue with it and voted no.

Commr. Campione questioned if this was a different item than the item discussed with the Lake County Sheriff at the previous meeting.

Ms. Barker indicated that this was correct, and that this item was regarding the LPRs that the Board had approved about one and a half years prior. She commented that at that time, the Lake County Sheriff had asked for about 95 locations to be approved, and that he had since identified one additional location in the Altoona area where he would like to place an LPR. She explained that at the previous meeting, the Board had discussed using the Florida Department of Transportation (FDOT) cameras for real time viewing to aid them with crimes that were happening.

Commr. Campione relayed her understanding that this was not for ticketing purposes, and that it was for events, such as amber alerts and locating a fleeing suspect.

Commr. Smith added that the Lake County Sheriff’s Office (LCSO) had to pull the car over and identify the driver, which was different than the red light cameras.

Ms. Barker relayed her understanding that the LPR went into a database, and that it would alert the LCSO to a known vehicle involved in a crime when it went past one of those readers and went into the database, informing them of the location.

Commr. Campione mentioned that this was different from the request by the City of Eustis for the school zone readers, which would automatically ticket drivers, noting that it did not pass.

Commr. Shields recalled that the Board had discussed the LPRs with the Lake County Sheriff; additionally, they had been recommended by the Polk County Sheriff’s Office who convinced the LCSO that they would want to know about wanted vehicles entering the county.

On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 4-1, the Board approved the installation of an automated license plate reader (LPR) on county right-of-way as proposed by Sheriff Grinnell.

Commr. Blake voted no.

2024 Economic Forecast Presentation

Ms. Mary Ellen Stern, Executive Director for Economic Growth, introduced Mr. Neil Hamilton, Vice President of Market Intelligence for the Orlando Economic Partnership, to present the 2024 Economic Forecast, noting that Mr. Hamilton had the following qualifications: degrees in Economics and Business Administration; management of research operations in commercial real estate in the Cities of Orlando and Jacksonville; experience working with the Economic Development Commission of Florida’s Space Coast; management of a team of economists and data scientists to provide an evidence base for Scotland’s economic development strategy; and experience advising the Scottish government on matters of inclusive growth. She relayed that Mr. Hamilton would present the 2024 Economic Forecast and provide a national, state, regional, and county outlook.

Mr. Hamilton mentioned that there had been much economic noise in the past year or two about a national recession, and that his job was to cut through the noise and report on the national, state, regional, and county levels, noting that the regional level included Lake, Orange, Seminole, and Osceola Counties. He stated that his explanation of why there was not a recession when everything pointed to a recession was because United States (U.S.) consumers had continued spending in the face of significant inflation. He displayed a chart showing the national outlook, and said that consumer spending went up almost three percent in the final quarter of the previous year because people felt safe in their job prospects. He mentioned that there was much evidence that some of that spending had shifted to credit cards; therefore, it would need to be monitored. He said that the jobs market had been very positive even though there had been isolated layoffs throughout the country, mostly in the tech sector, and that there had been 350,000 new jobs since January, which was above trends. He said that inflation had peaked at about nine percent, and that it was currently at about three percent, which was still above the target of two percent or less. He remarked that even though the U.S. economy grew 2.5 percent in the prior year, the forecast for the next year was about 1.9 percent, and that some of the drivers for the decrease included less consumer spending because of dwindling pandemic savings and decreasing business investment because of the high interest rate. He commented that companies currently did not want to take on additional debt; however, they hoped that interest rates decreased in the summer, and that they could delay growth projects until financing was cheaper. He mentioned that the State of Florida’s economy continued to show strength through 2023, adding jobs and outpacing national growth even as the labor market began to cool and unemployment inched up late in the year; additionally, in December 2023, 16,000 jobs were added, which was above the three month average. He related that the State of Florida should again outperform the national economy in 2024 as ongoing population, growth, and wealth migration helped weather the impact of a national slowdown; furthermore, any increase in unemployment should not be significant. He stated that regarding the economy, the U.S. change was forecasted at 2.4 percent while the State of Florida was at 2.9 percent for the current year and into 2025; additionally, the unemployment growth rate was slow at the state level and would not have a meaningful uptick. He related that the Orlando region was the second fastest growing large economy in the U.S. in 2022, noting that the first was Austin, Texas, and that businesses reported strong performance throughout 2023 and should continue to outperform their national counterparts in 2024. He commented that the recent performance was the best protector of future performance, and that those businesses were confident in themselves and in the growth opportunities in this market. He remarked that job growth in the region would continue to normalize in 2024 after two years of record-breaking but unsustainable gains, and that even though the Orlando region had added over 100,000 new jobs in the past two years, the region had only added about 27,000 the previous year, which was closer to pre-pandemic averages. He said that one of the headwinds in the region included a slowdown of growth in the hospitality sector, which had six to seven percent growth per year and was now about four percent. He said that another headwind was a slowdown in professional business services, including employment services and staffing companies, and noted that companies were not as eager to hire contracted labor and were doing more with payroll employees. He mentioned that the regional growth rate was starting to converge with the U.S. growth rate; however, after companies had filed their actual paperwork, the growth of 27,000 new jobs would be revised up in a couple of weeks. He relayed that the unemployment rate in the Orlando region closed at three percent, and that it was not expected to go much higher in the future year. He pointed out that the job postings had fallen below pre-pandemic averages, and that as the region’s labor market moved closer to a balance, staffing remained a key issue even as unemployment went up because of the difficulties companies had in obtaining and retaining talent. He remarked that as of the end of 2022, Lake County had added over 110,000 residents since 2010 and was currently attracting a disproportionate share of the region’s new residents, opining that this was because it was more cost favorable. He commented that there was much population growth occurring in Lake and Osceola Counties, and that it was not as pronounced in Orange and Seminole Counties. He related that the Orlando region only had 15 percent of the population; however, in terms of net migration, it had about 40 percent of new residents. He related that Lake County had most of its population gain coming from domestic migration, and that Osceola had more international migration. He mentioned that more people were dying in Lake County than were being born, which brought down the population growth; however, it was being offset by net domestic migration. He stated that the latest information available for the “Top 10 Sources of Net Migration to Lake County” chart was pre-pandemic, and that the regional trends, which had more recent data, showed people coming from the northeast U.S. as well as people coming from south Florida; additionally, there were many people coming to Lake County from Orange County, which he believed was cost driven. He relayed that further normalization of hybrid work in 2024 may have served as a tailwind for ongoing migration to Lake County, noting that businesses were wary of disrupting the flexibility that employees had become used to. He commented that it was a way to attract and retain talent, and opined that the new normal was in hybrid work and not remote work. He said that people could choose to live in Lake County and commute a few days a week to elsewhere, such as Orange County, and noted that even though Lake County would like to offer more jobs, about two thirds of the residents were having to leave the county for work. He remarked that the latest data suggested that the county’s economy and employment base were growing at a faster rate than the region, the state, and the nation, and that Lake was also sharing in Florida’s post-pandemic wage gains. He pointed out that wages were lower in Lake County because large numbers of residents were employed in healthcare and education, which were typically lower wage industries. He remarked that if there was a downturn in the following year, strength in the healthcare and educational industries would bode well for Lake County because those companies were prolific in hiring labor in this county; additionally, when this was combined with the migration of wealth, Lake County was looking very good. He concluded with the following points: the outlook for the U.S. economy had improved considerably in recent months but slower growth was likely in 2024; the State of Florida and the Orlando region should outperform the national economy, even as momentum slowed and unemployment inched up; and continued in-migration meant that Lake County would be better positioned than most to overcome any headwinds that arose in 2024.

Commr. Parks expressed appreciation for the presentation, and opined that these statistics were important to discuss as the Board was trying to affect policy. He inquired if there was an estimate of when the migration of retirees moving from other states into the State of Florida would slow, opining that this was a large part of the growth. He relayed his understanding that the net migration into Lake County was from other parts of the state, and he questioned why they were moving away from those places and if there were any surveys done or data collected on that. He opined that those two questions could affect opportunities in Lake County as well as present challenges.

Mr. Hamilton replied that there was no data; however, the age, income levels, and where they were coming from pointed to the cost consideration.

Commr. Parks remarked that he saw very little cost difference between housing costs in the City of Clermont area and west Orange County.

Mr. Hamilton commented that this could be because of a large demand in housing and a low supply, and he recommended an increase in supply to remedy that. He relayed that the lowering of interest rates could possibly invite a flood of new listings, noting that people who did not want to move currently because they had a low interest mortgage could decide to place their houses on the market. He stated that the demand for housing in Lake County would continue, and that he did not see any drop in that.

Commr. Shields relayed his understanding that the number of jobs held by Lake County residents was much higher than the jobs at Lake County companies, and he asked if that was because many residents worked from home.

Mr. Hamilton replied that this data was from the U.S. Census Bureau, and that even though it was an estimate, there was also paper documentation. He commented that there was an estimated 6,000 Lake County residents working in Lake Buena Vista, and that there were also some residents working remotely.

Commr. Shields inquired about companies using automation to cut down on labor.

Mr. Hamilton related that this was the focus of a survey that was live in the field in the current quarter, and that the early results indicated that companies were adopting artificial intelligence (AI); however, the current workforce impact was negligible. He mentioned that some companies were hiring for more expertise in AI, and that it was offsetting the decrease in labor. He remarked that even though there would not be many jobs lost in the short term, he had read a study that indicated that the City of Orlando region had the highest vulnerability to AI job loss.

Commr. Smith thought that it was very interesting that Lake County was receiving much migration from the State of Florida, especially from neighboring counties, and opined that it was surprising that there was no migration listed on the “Top 10 Sources of Net Migration to Lake County” chart from the States of Michigan or Ohio.

Mr. Hamilton commented that he was waiting on Internal Revenue Service (IRS) data, which would come out soon, and that it could match where people were from in the prior year versus where they were from in the current year. He remarked that the regional trends showed people coming from southern Florida and the northeast, such as the State of New York, and that there was also much interstate migration in the outlying counties.

Commr. Parks opined that people could be moving to the State of Florida and then moving to Lake County.

Commr. Campione opined that cost was a factor, and said that she agreed with Commissioner Parks’ comment that there was not much of a difference between South Lake and Orange County. She opined that there were many people moving to new subdivisions, and that there had been no resales in real estate recently because people did not want to leave their low interest rate mortgages. She also opined that because there was not much of a cost difference between Lake and Seminole Counties, people were moving to Lake County because of the quality of life, and that people saw this area offering something better or more desirable than the metro areas.

Mr. Hamilton agreed and opined that people should not underplay how attractive Lake County was.

Commr. Blake questioned if the State of Florida’s property insurance issues were impacting domestic migration, and if this would deter people from moving to the State of Florida.

Mr. Hamilton answered that it was a headwind that needed clarity, and said that this also applied to businesses, noting that there was a good business climate in the State of Florida. He said that he was often asked if the State of Florida was the new State of California in terms of home prices and being overbuilt, and that this was something to be reckoned with. He mentioned that as soon as the new migration data came out, he would work with Ms. Stern and Ms. Kathleen Dial, Director for the Office of Elevate Lake, to ensure that the Board received a copy.

public hearing: Resolution 2024-35 vacate a right of way west of lake yale road

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, relayed that Mr. Joseph Ciceri and Ms. Sabrina Ciceri were the owners, and that the proposed vacation was located west of Lake Yale Road and south of County Road (CR) 450. He explained that this had been platted, and that the County was doing away with the plats and vacating the right of ways associated with that. He related that the owners were doing a unity of title, and that there were some ingress/egress easements to allow the neighboring property continued access.

The Chairman opened the public hearing.

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

Commr. Campione indicated that she was in favor of these kinds of vacations, and noted that the owners were assembling what could have been multiple sites for new homes and making a large home site, opining that it was a wonderful area.

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved Resolution 2024-35 to vacate a Right of Way located West of Lake Yale Road and South of CR 450.

public hearing: Resolution 2024-36 vacate platted right of way

Mr. Earhart related that the owner was Burgland Investments, LLC, and that the proposed vacation was located north of Lakeshore Drive and west of Fairview Avenue, which was just north of Lake Dora. He stated that the owner was vacating all the plats and bringing them all together, and that the right of way was being vacated. He mentioned that the parcel on the northwest was going to remain a conservation area and not be developed, and that any future development would be on the southern portion.

The Chairman opened the public hearing.

Mr. William Chapogas, a resident of Lakeshore Drive, commented that after building his home in 2005, there had not been any drainage issues, and noted that they had a retention pond in the backyard that fed off the lake. He related that about two years prior, their property had been flooded, and that when he contacted the County, he was told that the County did not own Virginia Avenue and could not help them. He remarked that after contacting the County Commissioner, the County fixed it, and that he had not had this issue again until construction was started on the applicant’s land, noting that he now had flooding issues. He questioned who would take care of the road if it was vacated, and who would have the responsibility to mitigate the flooding issue. He expressed concerns about the development in that area, and opined that there needed to planned growth. He indicated concerns about the traffic, and asked the County to mitigate the volume of what was coming in.

Mr. George Lamoureux, a resident of Fairvista Drive, wondered if he would receive half of the road if it was vacated, and stated that he did not understand what was going on. He expressed concerns about development in his backyard.

Mr. Eric Green, a resident of Grand Oak Estates, mentioned that he and his wife were drawn to that area because of the beauty, and that their property abutted Palmer Street, which was being vacated. He related that he had maintained the property behind his lot for the last 18 years, and that there was much wildlife that used that land. He inquired if there was going to be a road back there, and if any of that property would go to them.

Commr. Smith asked Mr. Earhart to explain what a vacation of a right of way was to relieve some confusion, and asked Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, to explain the buffer zones. He relayed his understanding that this was a City of Tavares project, and that the County had to vacate the right of way.

Mr. Earhart explained that vacating the right of way meant that the County would vacate its rights in a right of way that was currently owned or maintained by the County and give it back to the appropriate owner. He noted that it could be split or given to a single owner; additionally, there were reversionary opinions that gave this land back to the previous owners.

Mr. Fitzgerald commented that this project was in the early stages of review, and opined that the developer wanted to build a small 20 lot subdivision in unincorporated Lake County, noting that the City of Tavares was unable to provide water and sewer service to the development. He mentioned that when it was presented to the City of Tavares, the developer wanted to build tract housing on much smaller lots with water and sewer being provided by the City of Tavares; however, they currently wanted to develop larger lots with septic sewer and wells, and opined that this would be more suitable for that area.

Commr. Smith relayed his understanding that the County did not have any other information, such as site plans, and that all the County knew was that the right of ways needed to be vacated so the developer could move forward. He noted that there would be codes, land use regulations, and a Comprehensive Plan (Comp Plan) that the developer would have to follow; however, the County was only vacating the right of way at the current BCC meeting.

Ms. Melanie Marsh, County Attorney, clarified that Lake County did not issue reversionary opinions, and that all that was being done at the current BCC meeting was the equivalent of a quit claim deed removing the public interest, noting that the property would go back to where it belonged, such as the prior owners or their predecessors. She explained that the County would not issue any opinions about whether a lot owner or the Grand Oak Estates had half interest rights or whether the one who maintained it would have any rights, and that a property owner would have to hire a title company to determine whether or not there was an interest to the vacated portion.

Commr. Campione commented that the property would go back to the owner who dedicated it as a public road, and that sometimes half of it went to an adjoining property owner; however, that was dependent on the other property owner having owned a part of it previously. She remarked that the only way to be sure was to have a title company or real estate attorney look at it and do research to determine whether any portion of that property would go to an adjoining property owner.

Commr. Parks questioned if there was a public interest in the drainage issue.

Mr. Earhart replied that the drainage would remain as it was in the current condition and would be County maintained, and that the County would address any issues associated with any new development; therefore, it was not related to the vacation petition. He relayed that all the abutting properties had private ingress/egress agreements, ensuring that there was no need for public right of way.

Commr. Parks relayed his understanding that there was a drainage structure, and he inquired if the County was maintaining it. He also wondered if there could be a negative impact.

Mr. Earhart stated that he would have to research that.

Mr. Brett Tobias, an engineer with Halff representing the applicant, clarified that the applicant had title to the property in question, which said that the north half of Palmer Street would revert to those property owners in Grand Oak Estates who would have claim to 15 feet of the 30 foot right of way, and that the southern 15 feet would confer to the applicant. He commented that he did not know what the other landowners were told about this being a conservation area because it was a platted right of way, and opined that if this vacation was not approved, the applicant would have legal right to build a road through all of that right of way, noting that this was not what the applicant wanted to do. He related that there had been preliminary conversations with the County regarding the necessity of a drainage easement even though no construction plans had been submitted or a preliminary plat, and that infrastructure would be maintained via that drainage easement as it went through the development process with Lake County.

Commr. Campione relayed her understanding that the current drainage infrastructure was located in the Virginia Avenue right of way, and asked if the County should reserve an easement at this point.

Commr. Smith opined that the drainage was partially private and partially public.

Mr. Tobias clarified that the drainage infrastructure was along Virginia Avenue and Lakeshore Drive but not within the vacation.

Mr. Earhart verified that the drainage was not within the vacation, and that it was in the right of way that the County was maintaining.

Commr. Campione wondered if the County already had a drainage easement since there was a drainage ditch, and noted that it was outside the property being vacated. She opined that if the roads stayed intact, then the applicant could cut down every tree inside the right of way, and that if half of the Palmer Street right of way would revert to property owners in Grand Oak Estates on the adjoining lots, then those property owners could either take down the trees or leave them as a buffer.

Commr. Parks relayed his understanding that lots 26 through 30 would gain half of the platted right of way.

Mr. Frank Bombeeck, Title Manager with Burgland Investments, LLC, explained that the right of ways would entitle them to build the roads, but they wanted to bring them internally and keep them as a buffer screen; additionally, they had letters of support from the neighbors. He related that they were on the lakeside on the east, and that they were giving the right of way there completely to the owners, and that one of the owners was going to use part of it for access to his garage, noting that all those documents and the title opinion had been provided. He remarked that if the vacation passed, the property owners on the northern side would receive 50 percent of that area, and that their lots would become larger; furthermore, the drainage issue was outside of the vacation request. He elaborated that they planned to develop 20 half acre lots, consistent with the neighborhood, and would submit that application another day, and said that they needed to vacate the right of way to ensure that no roads would be built there.

Mr. Chuck Hiott, Director of Land Development for Halff, opined that most of the questions had been addressed, and said that there was another representative in the audience who could answer any more questions.

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

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Resolution 2024-36 to vacate platted right of way and lots located north of Lakeshore Drive and West of Fairview Avenue.

public hearing: resolution 2024-37 vacate and declare specific right of way as surplus

Mr. Earhart relayed that this vacation was associated with the Lake Nellie Crossing project in the City of Clermont area west of Lake Louisa and east of Lakeshore Drive near Suggs Road. He stated that the County would be vacating the right of way associated with the church, which would probably go back to the church, and vacating the existing road, which included ceasing maintenance. He related that the applicant would provide temporary access for the church during construction and then provide access to the church via their new road after the subdivision was developed; additionally, the applicant would resurface Lakeshore Drive in front of the development.

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. Shields, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution 2024-37 to vacate and declare specific right of way as surplus and to cease maintenance on True Life Way and authorization for the Chairman to execute any necessary transfer documents.

appointments to the Library Advisory Board

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the following appointments to the Library Advisory Board: Ms. Cathy Gillespie as the primary member representing the City of Mount Dora; Mr. Tom Harris as the primary member for the City of Fruitland Park; and to reappoint Mr. Robert Ballenger as the alternate member for the City of Fruitland Park. The terms will run through February 28, 2028.

appointment to the tourist development council

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the following items: to appoint Mr. Christian Slupe to fill an unexpired term on the Tourist Development Council (TDC) ending December 1, 2027, and applicable waiver; and to adopt associated Resolution 2024-38 required by Section 13-48, Lake County Code, confirming appointment of current TDC members and terms.

commissioners reports

commissioner shields – vice chairman and district 1

bugg springs navy base

Commr. Shields mentioned that he attended a meeting at Bugg Springs Navy Base, and that the East Central Florida Regional Planning Council (ECFRPC) received a grant to ensure that the Navy Base could continue to operate while Lake County continued development and use of water. He had a map of where they thought the water was coming from to feed the spring, and said that it showed where there was development, noting that the County had an agreement with the City of Leesburg to ensure there would not be anything close to the swamp. He opined that the work done there was very important.

Diamond Awards

Commr. Shields relayed that the Diamond Awards were presented at the Regional Planning Conference, and that one of the recipients was the City of Groveland for their Dark Skies Initiative.

four corners summit

Commr. Shields stated that he had attended the Four Corners Summit with the Four Corners Area Council and the business community. He mentioned that Ms. Barker gave the State of the County presentation as the other County Managers did.

orlando economic propject partnership

Commr. Shields remarked that he had attended the Orlando Economic Project Partnership Board of Directors’ meeting, opining that it went well.

commissioner parks – district 2

wellness way

Commr. Parks relayed that he had spent much time with Wellness Way issues and road issues and expressed appreciation to staff for addressing those. He commented that even though there were questions with Wellness Way, there was progress being made. He encouraged the Board to attend the City of Clermont Wellness Way meetings for updates, and noted that County staff attended as well.

25^th wedding anniversary

Commr. Parks related that he and his wife had gone to the Green Mountain Scenic Overlook for their 25th wedding anniversary renewal vows, and opined that it was a wonderful place to have a wedding or do wedding vows. He wished his wife a happy 25th anniversary and said that he loved her.

commissioner campione – district 4

wekiva parkway official opening

Commr. Campione stated that on the previous Saturday, she had attended the official opening of the Wekiva Parkway at the Neighborhood Lakes Trailhead, and opined that staff did a wonderful job being prepared for the event. She remarked that many people there were riding their bicycles on the trails, and that other attendees included the following: the Mayor of Apopka; Seminole County Commissioner Lee Constantine; former Lake County Commissioner Catherine Hanson; several Mt. Plymouth-Sorrento Community Redevelopment Area (CRA) Board members; and Mr. Jim Stivender, a former Lake County Public Works Director who had attended the second meeting ever held regarding the parkway plan. She noted that the Wekiva Parkway was hailed as one of the premier conservation transportation projects in the State of Florida and a model of how to bring together the environmental community, private landowners, and government agencies. She explained that part of the road was constructed by FDOT and the Central Florida Expressway Authority (CFX), and that about 3,400 acres of land were set aside for conservation around the Wekiva River as a result of this road project, noting that most of that conservation land was in Lake County. She elaborated that Ms. Hanson ensured that there would be a non-toll option to drive from Lake County to Seminole County.

Neighborhood Lakes Trailhead connection

Commr. Campione commented that according to the Mayor of Apopka, the City of Apopka was working on the Orange County portion of the bicycle trail, which currently ended at the Orange County line, and that they were trying to acquire property from CFX and others to connect the Neighborhood Lakes Trailhead to south Lake County.

Commr. Parks remarked that this would be coming up on an agenda, and that he did not anticipate any issues with that.

Transportation Disadvantaged Coordinating Board

Commr. Campione mentioned that there would be a meeting with the Transportation Disadvantaged Coordinating Board in the following week.

commissioner smith – chairman and district 3

First Responders of the Year

Commr. Smith remarked that he had spoken to several local groups in the previous couple of weeks, and that he was the keynote speaker for the Elks Lodge event celebrating the First Responders of the Year, opining that it was a great event.

Historic Ethel Trail

Commr. Smith commented that the Wekiva Wilderness Trust, the Friends of Ethel, and the East Lake Historical Society were having a grand opening on the Historic Ethel Trail on March 9, 2024 at 10:00 a.m., and he invited everyone to attend.

winter strawberries

Commr. Smith related that the State of Florida grew over 50 percent of the winter strawberries for the U.S., and that much of that was grown in Lake County.

National Strawberry Day

Commr. Smith said that it was National Strawberry Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:29 a.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK