A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

March 12, 2024

The Lake County Board of County Commissioners met in regular session on Tuesday, March 12, 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; Mary Burns, Accounting Director; 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 Drew Fletcher, with East Coast Believers Church, 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, said that she did not have any updates.

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

Steven Cates, Equipment OPS III/Solid Waste

OSW – Solid Waste Operations

 

James Smedley, Systems Administrator

Office of Public Safety Support

 

Roberto Rodriguez, Financial Coordinator

Office of Fleet Management

 

Monika Brown, Paramedic

Office of Fire Rescue – ER Medical Services

 

Christopher Helms, Paramedic

Office of Fire Rescue – ER Medical Services

 

Robert Dickinson, Mechanic II

Office of Fire Rescue – Logistics

 

Fred Lazerson, Fixed Route Coordinator

Office of Transit Services

 

TEN YEARS

Jeff Householder, Firefighter/EMT

Office of Fire Rescue

 

Grace Burgos, Senior Financial Coordinator

Parks and Water Resources

 

FIFTEEN YEARS

Buffy Tucci, Firefighter/EMT

Office of Fire Rescue

 

TWENTY YEARS

Donald Glessner, Construction Program Manager

Office of Facilities Management

 

TWENTY-FIVE YEARS

Brad Russ, Mosquito & Aquatic Plant Program Manager

Parks and Water Resources

 

Brian Gamble, Fire Lieutenant/EMT

Office of Fire Rescue

 

Jeffrey Hurst, Battalion Fire Chief

Office of Fire Rescue

 

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of January 9, 2024 (Regular Meeting) as presented.

renaming of Lane Park Cutoff Road to Ken Bragg Way

Commr. Campione requested that the BCC would consider the renaming of Lane Park Cutoff Road in honor of Mr. Ken Bragg, a long-time educator in Lake County who was instrumental in the creation of the former Lake County Vocational Technical Center (Vo-Tech), which was currently Lake Technical College (Lake Tech).  She mentioned that Lake Tech played a key part in Lake County’s development by educating numerous residents, some of whom had then served in public safety roles.  She relayed that Mr. Bragg was instrumental in having the Institute of Public Safety constructed in the City of Tavares, and that there were people in attendance who could add to the accomplishments and contributions of Mr. Bragg.  She remarked that in addition to his role as an educator and a leader, Mr. Bragg had served in the faith community for many years, reaching out to the homeless population and those in transition who needed assistance because of their circumstances, and that he was instrumental in a program that was started at the First Baptist Church in the City of Leesburg that helped women with families obtain employment and manage their responsibilities.  She opined that Mr. Bragg had done much that warranted a name that would be there in perpetuity, reminding residents of him and his contributions, and she asked for the Board’s support.

The Chairman opened the floor for public comment.

Mr. Bill Mathias, a member of the Lake County School Board, commented that both Mr. Bragg and Ms. Sue Bragg had led the First Baptist Church initiative, and that this recognition was for both of them.  He related that they had chosen to rename the road Ken Bragg Way, opining that this would be an honor to Mr. Bragg’s family, who had indicated appreciation to the community for the recognition and the legacy.  He related that Mr. Bragg had come to Lake County in 1969 to start the Vo-Tech, and that there were several other officials in attendance who were supporting this action, including the following: Ms. DeAnna Thomas, Executive Director of Lake Tech; Vice Mayor Sandy Gamble, with the City of Tavares; City Commissioner Nan Cobb, with the City of Eustis; Mr. Jerry Cobb, Lake Tech Board of Directors; and Lake County Sheriff Peyton Grinnell.

Mr. Gamble related Mr. Bragg had great love for the Vo-Tech and also for the Ken Bragg Center, which had to be renamed.  He related that Mr. Bragg had gone to the City of Tallahassee to obtain the funding for this complex, and that he had obtained much of it to build what was there currently.  He opined that it was a great representation of what Mr. Bragg had done for Lake County, and noted that before the Ken Bragg Center was built, the law enforcement and fire training was done in the City of Eustis.  He opined that it was a great facility, and that this recognition would be a great honor to Mr. Bragg and his family.

Commissioner Cobb commented that Mr. Bragg had been instrumental in education as well as a mentor for their family, noting that she had met Mr. Cobb at Vo-Tech and her children had gone to Vo-Tech.  She opined that naming the road after Mr. Bragg was a fitting way to honor him, and expressed appreciation for the Board’s consideration to rename the road Ken Bragg Way.

Ms. Thomas opined that Mr. Bragg was an amazing individual, and said that he was the founding father of Lake Tech as well as Career and Technical Education (CTE), which provided secondary options.  She elaborated that Mr. Bragg was the first director at Lake Tech, and that he still called weekly to find out what was going on at Lake Tech, how he could help, and what message he could deliver to the community about workforce training and CTE.  She stated that she liked the name Ken Bragg Way because Mr. Bragg showed the way to CTE in Lake County and continued to do so, and she indicated appreciation for the support of the BCC.

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

Commr. Campione remarked that in addition to the Institute of Public Safety and the Ken Bragg Center, Mr. Bragg had played an instrumental role in creating the Advanced Manufacturing Center.  She said that she had seen the first set of renderings by the architects for Vo-Tech, and that since then there had been some great improvements to the façade while keeping the same look, opining that it was an appealing view from the street.  She related that Mr. Bragg helped obtain the funding for the Advanced Manufacturing Center and had furthered the work in CTE.

Mr. Mathias clarified that the former Ken Bragg Center was no longer named after Mr. Bragg; however, they were doing a dedication to him.

Commr. Campione opined that renaming the road would give recognition where it needed to be.

Commr. Parks opined that Mr. and Ms. Bragg were leaders in the community and provided one of the reasons that Lake County was the best county in the State of Florida; therefore, he supported the request.  He expressed appreciation to Mr. and Ms. Bragg, and said that he liked the name and thought that it was very appropriate.

Commr. Blake concurred, and added that he had great affection for Mr. and Ms. Bragg.  He recalled that his close association with Mr. Bragg began when he was in the City of Tallahassee, and that between 2008 and 2016 Mr. Bragg would come to regularly advocate for the First Baptist Church and other programs as well as Lake Tech.  He opined that the renaming of the road was a wonderful idea.

Commr. Smith commented that Mr. Bragg had been an influential person in his life, and that he had gone Lake Tech for welding school and firefighter training.  He noted that they did not have emergency medical technician (EMT) school back then; however, he had received advanced cardiovascular life support (ACLS) training at Lake Tech.  He relayed that Mr. Bragg was involved with the Christian Coalition Center in the City of Leesburg and did much good, opining that this was a sweet way to commemorate what a good person he was.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the renaming of Lane Park Cutoff Road to Ken Bragg Way.

citizen question and comment period

Mr. Banks Helfrich, a former Lake County Soil and Water Conservation District Chairperson and current candidate for State House of Representatives District 25, spoke about small businesses and what could be done to support them, such as buying their services and goods, and opined that when residents patronized small businesses, the revenue would stay in Lake County.  He mentioned that he was a small business owner of a small seven acre farm, and he encouraged people to patronize his business, noting that he taught sustainability at his community farm.  He related that there was a farm tour every second Sunday of every month teaching residents how to grow their own food and providing trees to take home.  He stated that there were other events on the farm, such as a sugar cane harvest, and that all these events could be found on Eventbrite under “Here on the Farm.”

Mr. Andy Sciandra, a resident of Hartwood Reserve, expressed concerns about the busy intersection of Hartwood Marsh Road and Hancock Road, opining that the County should construct a sidewalk to help with safety issues.  He indicated concerns about the traffic, and questioned if the County was going to widen the road. 

Commr. Parks expressed concerns for this intersection, and opined that there could be some improvements.  He relayed his understanding that the intersection would change when the road continued south to Wellness Way, and that any major improvement would not happen until this was completed.  He noted that concerned citizens had also conveyed this issue at the City of Clermont Council meetings, and opined that something should be done temporarily to make it safer, such as restriping.

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, stated that the County was in the process of acquiring the property in front of the church for a sidewalk, and that the plan was to build the sidewalk when the County built Hartwood Marsh Road.  He related that the County would be receiving funding from the Florida Department of Transportation (FDOT) in July 2027 and would start construction then; additionally, the County was coordinating with the City of Clermont on the fire station to the south and the stormwater pond associated with that.  He mentioned that they had discussed split phasing at Hancock Road to allow subdivision access, and that they were still evaluating that; however, they could look at restriping.

Commr. Parks said that he would encourage the County to have continuous dialogue with concerned citizens, opining that the timing sometimes changed.

Mr. Earhart added that they were looking at constructing Hancock Road from Wellness Way up to Hartwood Marsh Road, and that they expected this to start in about three months, providing another north/south corridor to alleviate traffic.

Mr. Vincent Niemiec, a resident of Lake County, expressed concerns about the traffic on Harwood Marsh Road, and inquired if there was an update regarding the traffic signal. He opined that to reach the school, children had to walk across a busy intersection without a safety guard, and that it was hazardous.  He also opined that there needed to be smart planning.

Mr. Michael Hill, a resident of Lake County, indicated concerns about the traffic at the intersection of Hartwood Marsh Road and United States (U.S.) Highway 27, and he proposed a solution, which included sequencing the traffic lights.  He opined that the evening traffic from this intersection resulted in congestion back to Hancock Road and further, and that with all the development to the south, this was a well-traveled route.  He stated that his proposal included paint, signs, and redoing the traffic lights, and opined that the County should change the turn lane to alleviate traffic issues.

Commr. Parks proposed that he and staff could meet regularly and provide the residents with monthly updates about when projects would be happening, noting that FDOT would make the final decision. 

Commr. Smith questioned if Mr. Niemiec had been to the Lake County School Board to ask about crossing guards.

Mr. Niemeic answered that he had spoken to them two years prior, and that they had delayed dealing with the issue.

Commr. Smith stated that he would meet with the Lake County School Board and ask for a crossing guard at that location.

Mr. Samuel Mehalick, a concerned citizen, expressed concerns about the Astor area, and asked if this could be placed on an agenda, allowing the residents of the Astor area to state their issues and needs.  He explained that there were no sidewalks in the area, and opined that this was a safety concern.  He indicated concerns about drainage ditches, opining that they had not been serviced since 2020, with the exception of a few drains that individuals had expressed concerns about.  He also spoke about the dedication of Astor Forest Campsites to the public, and opined that it was not valid.

Proclamation 2024-21 Florida Surveyors and Mappers week

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Proclamation 2024-21 declaring March 17-23, 2024 as Florida Surveyors and Mappers week.

Commr. Smith opined that many people did not realize how valuable surveyors were for the county, and said that he was proud to present this proclamation.  He then read and presented Proclamation 2024-21 to a group of surveyors.

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.

Budget Amendment for the City of Groveland’s CRA

Notice is hereby provided of having received Ordinance 2024-3 adopting the Second Budget Amendment for the City of Groveland’s Community Redevelopment Agency (CRA) FY 2023-2024 per Florida Statute 163.387(6).

City of Mount Dora Annexation Ordinance

Notice is hereby provided having received Annexation Ordinance 2024-01 from the City of Mount Dora.

COUNTY MANAGER’S CONSENT AGENDA

The Chairman opened the floor for public comment.

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

Commr. Blake asked to pull Tabs 6 and 9 for separate votes.

On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 8, pulling Tabs 6 and 9 to the regular agenda, as follows:

PROCLAMATIONS

Recommend approval of the Irish American Heritage Month Proclamation 2024-15.

ADMINISTRATIVE SERVICES

Management and Budget

Recommend approval of a subrecipient agreement between the City of Fruitland Park and Lake County for the Reserve at Spring Lake Water Main Improvements. The fiscal impact is $1,000,000 (revenue/expense – 100 percent ARPA funded).

PUBLIC SAFETY

Public Safety Support

Recommend approval of the following road names for internal roads located within property owned by Youth with a Mission (YWAM): YWAM Boulevard, William Carry Avenue, Loren Cunningham Street, Hudson Taylor Way, Billy Graham Drive, Wesley Street, Dawson Street, and Carmichael Way).

There is no fiscal impact. Commission District 2.

community services

Housing and Community Services

Recommend approval of an agreement with LifeStream Behavioral Center, Inc., for Fiscal Year 2024 funding.

The fiscal impact is $1,362,053 (expenditure - 100 percent grant funded with ARPA funds) and is within the Fiscal Year 2024 Budget.

Tab 6: Joint Planning Area Vision Framework

Commr. Blake remarked that he had originally opposed spending that much funding on the East Central Florida Regional Planning Council (ECFRPC), and that he did not approve of giving them an additional $40,000.  He stated that he also had issues about how transfer of development rights (TDR) were implemented.

Commr. Campione questioned if the ECFRPC would bring back a proposal allowing the County to implement a TDR program, or if this was just a study to show what it could look like or what other communities had done.

Ms. Barker replied that this would be the first phase of the TDR program, and that this would be a study, such as a feasibility study, to see if there was interest within the community and the municipalities and if the County could implement it.  She relayed her understanding that if it was feasible, then the ECFRPC could determine the best program for Lake County to implement.

Commr. Parks inquired if this was discussed at a previous BCC meeting.

Ms. Barker answered that Ms. Tara McCue, Executive Director of the ECFRPC, had given an update on the status of the joint planning agreements (JPAs), and that this was the agreement coming back after the Board approved moving forward with the TDR process in September 2023.

Ms. Mary Ellen Stern, Executive Director for Economic Growth, clarified that in the documentation, Phase II was shown at $60,000, and that their next presentation would be to see if the Board would like them to move forward with Phase II.  She elaborated that Phase II would bring forth an implementation program, which could be used throughout the county.

Commr. Campione asked if this study would show whether or not this would be feasible in Lake County and what the issues would be, and Ms. Stern indicated that it would.

Commr. Parks opined that the most likely reason that it would not work was if enough of the Cities did not have any interest and did not want to participate, noting that there were other programs available. 

Commr. Campione opined that if there was an area without City participation, the County could set up a TDR bank for the development rights of land with the potential to be developed at higher amounts of density to be transferred over to lands that had Comprehensive Plan (Comp Plan) designations but did not have the zoning, noting that the development rights could be given to maximize their Comp Plan designation.  She mentioned that she was trying to figure out how this could potentially be done if there was not City participation because it would be designating one parcel of land to a permanent development right potential, never to have any more, and moving it to another property.  She commented that the goal would be to increase rights on another property; however, she opined that the community may not want more growth and increased density.  She stated that she liked the idea that it could result in the preservation of certain parts of the county where people voluntarily chose to sell their rights to keep their lands in preservation, and that there were places around the United States (U.S.) where this had been done successfully; therefore, she approved of going through the feasibility stage to find out what it would look like and if it could be implemented.

Commr. Parks opined that it was a free market option and an innovative idea, and that it could assist in designating lands for conservation or agriculture.

Commr. Campione opined that it was usually used for rural lands to stay as farmlands forever, and that it was the owner’s choice to do that.

Commr. Parks related that he knew of third and fourth generation families who were interested in this program.

Commr. Shields commented that he had received a phone call from a landowner/developer who had the rights to build on a lake; however, he had reservations about developing this area.  He opined that it would be good to have a way to compensate an owner for not developing, and that this was worth doing.

Commr. Smith remarked that the study would provide information about what could be done and how it could be done.

On a motion by Commr. Parks, seconded by Commr. Shields and carried by a vote of 4-1, the Board approved an Addendum to the Interlocal Agreement for Joint Planning Area Vision Framework to include Phase I of TDR Program Development funding.

Commr. Blake voted no.

Tab 9: Eminent Domain proceedings for acquisition of property

Commr. Blake stated that he did not approve of eminent domain proceedings, opining that it was incompatible with the U.S. ideal.  He noted that there had been situations in previous road extensions where long-time landowners had land seized from them by the government because the road route could not go around a newer area due to there being a dense neighborhood there, and opined that it was not right for government to be able to seize land from a lifelong taxpayer in Lake County who owned their home.

Commr. Campione remarked that she looked at this on a case by case basis, and opined that some property owners felt that the only way to obtain the maximum allowable by law was to go through the eminent domain process as opposed to negotiating on the front end.  She related that in some instances, there were pieces of property that could not be used for anything else and did not contain homes; furthermore, she opined that if the owners held out, they could receive more funds, as were these cases.

Commr. Parks commented that he supported the eminent domain proceedings in this case, and pointed out that there were several well-traveled roads that had been built on property obtained through eminent domain proceedings or negotiations with a landowner.  He also opined that it benefited all, made the U.S. the great nation that it was, and was fair.  He mentioned that there was a process, and that the owners were often well compensated.

Commr. Smith stated that he would not vote in favor of this item because of his stance on eminent domain, which he did not like, and opined that there were other ways around it.

On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 3-2, the Board approved two Resolutions for Krull (Resolution 2024-40) and Lutin (Resolution 2024-41) instituting Eminent Domain proceedings for acquisition of property needed for the Wekiva Trail Segment 2 Project, and approval to proceed with pre-suit negotiation offers.

Commr. Blake and Commr. Smith voted no.

public hearings: REZONING

rezoning consent agenda

Commr. Smith asked the Board to disclose any ex parte communications, but there were none.

Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, displayed the advertisement for that day’s rezoning case on the overhead monitor in accordance with the Florida Statutes, and related that there was one item on the consent agenda, which was located on Alco Road in the Astor area, noting that it had previously received a unanimous vote by the Planning and Zoning Board.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding the case on the Rezoning Consent Agenda, the Chairman closed the public hearing.

Commr. Campione commented that this was in Commission District 4, and relayed her understanding that the applicant was downzoning this property to Agriculture.  She remarked that in the application, the applicants stated that they wanted the property to be preserved and to be consistent with the surrounding area, and noted that she was in favor of the landowner being able to downzone the property.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tab 1, as follows:

Tab 1. Ordinance 2024-7

Rezoning Case # PZ2023-120

Alco Road Property Rezoning

Rezone approximately 10.11 +/- acres from Planned Commercial District (CP) to Agriculture District (A).

 

regular agenda

Recognition of ECFRPC Resolution 05-2023

Commr. Shields stated that the ECFRPC was asking all the local governments to approve the resolution to make 2024 a year of biodiversity.

Ms. Barker added that the ECFRPC was asking for Board recognition of the resolution.

Commr. Blake expressed concern that it was a little vague.

Commr. Campione opined that it was concerning when one did not know where an organization was going with something like this.

Commr. Parks opined that any concerns about an agenda being enforced were unfounded, and that it was just recognizing biodiversity.

Commr. Campione inquired about implications to the ecosystem.

Commr. Smith relayed his understanding that the biodiversity was for ecological and natural resources.

On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to recognize Resolution 05-2023 from the East Central Florida Regional Planning Council declaring 2024 a Year of Biodiversity.

proposed developments on number 2 road

Commr. Smith related that several citizens had contacted him regarding developments coming to Number 2 Road, which was a rural road, and opined that it was not wide enough to accommodate school buses or additional traffic, which may cause some issues.  He asked that the Board would approve to send a letter to the Town of Howey-in-the-Hills requesting that Number 2 Road not be used as a connector road but only as an emergency access for the development.

The Chairman opened the floor for public comment.

Mr. Bill Ray, a resident of Marion County, stated that he was against the proposed letter to restrict access to Number 2 Road, and that he represented the Hillside Groves project in the Town of Howey-in-the-Hills.  He related that this project, formerly known as the Reserve, was originally approved in 2004, proceeding through the construction approval and obtaining a development order recorded in 2007; however, the recession stopped development in 2009.  He remarked that the Town moved forward with its Comp Plan, which included a connector spine road that connected up to Number 2 Road; additionally, the town said that connection to Number 2 Road was important to relieve trips from State Road (SR) 19.  He explained that all these plans were incorporated into the development plan that came forward in 2021 and 2022, and that they amended the master development plan to reflect the current Comp Plan showing the connection to Number 2 Road.  He related that they had updated the master plan and recorded a new developer’s agreement with the Town, which the Town approved, allowing them to submit for final construction plans.  He relayed that they were now moving through the construction plan approval process, and that they had submitted a driveway permit application for Number 2 Road in October 2023, noting that they were in the final stages of receiving all final approvals for the construction plan.  He mentioned that the connection came up during the planned unit development (PUD), future land use (FLU), and zoning approval, and that the Town had supported it and made that connection.  He remarked that a misconception in the approval of the construction plans that he had observed was that the residents believed that this was a new project coming forward, and that they were discussing whether or not the project should be built at the density that was being proposed, which had been resolved long ago in the PUD and the master developer’s agreements with the Town.  He said that they were moving forward with the construction level details with the County, and that they would be having a meeting on the following day to discuss the final development approval.  He stated that as a planner, he had recognized the issues with Number 2 Road, and that even though they wanted a connection, he did not think it was appropriate to start improving Number 2 Road in its entirety because they did not have a plan yet for it.  He noted that Number 2 Road was not on the Lake-Sumter Metropolitan Planning Organization (MPO) priority work project list and was not recognized as an emergency, and that the traffic studies that had been submitted showed that it would still operate in its recognized level of service; additionally, they were not creating adverse, unsafe conditions with the development in accordance with the Town’s codes and regulations.  He opined that this could be a viable topic for future projects that did not already have zoning, approvals, and recorded developer’s agreements and were not in the final stages of obtaining a construction plan approval for a driveway permit that had been under review for over a year.

Commr. Parks inquired if a compromise could include an emergency access only onto Number 2 Road, and relayed his understanding that this was an access way that was already planned and permitted.

Mr. Ray replied that this access was an essential component of the traffic analysis and project as proposed as well as a requirement of the recorded developer’s agreement.  He mentioned that the Town specifically referred to this as the spine road which must be constructed in its entirety as part of Phase I, and that this was a condition with a specific policy in their Comp Plan, which said that the spine road was to be built through a private/public partnership by the developer, noting that they would be funding and building that road to be dedicated to the town.

Commr. Smith relayed his understanding that this development already connected to SR 19, which every homeowner could access, and that this request was just to keep them off of Number 2 Road and turning west to reach County Road (CR) 48 instead of going east to SR 19.  He related that a right turn on Number 2 Road from this development would go to SR 19, which included having to go through two traffic lights and having a further drive.  He mentioned that there were no traffic lights going left on Number 2 Road from this development, and opined that this was where the bottlenecks were.  He explained that Number 2 Road had only nine foot wide lanes with no right of way to allow widening in many areas, and opined that having a right turn only intersection on Number 2 Road could be a compromise to having emergency access only.  He remarked that this letter requested that the Town of Howey-in-the-Hills look at this option; furthermore, he opined that municipalities should not be able to annex a piece of property impacting county roads with no ramifications to fix them.

Mr. Ray related that there would be connections to SR 19 in future phases, and that if they had to limit this, they would have to redesign the road and the entrance.  He noted that the entrance as proposed could not accept 100 percent of the traffic count that would be generated for the project, and that it also met the requirement of the Town of Howey-in-the-Hills, which envisioned Number 2 Road going all through the town.  He stated that their client had proceeded in good faith with due diligence, and opined that this issue should have been raised at the zoning level.  He remarked that they were ready to start pulling construction permits, and that they had already lost much because of permitting delays.

Ms. Melanie Marsh, County Attorney, displayed a site plan of two developments, including the Reserve and Mission Rise, which did not have final approval, and pointed out that the two developments were going to interconnect with SR 19 and Number 2 Road.  She relayed her understanding that the Reserve was about 900 units and that Mission Rise was 450 to 500 units.

Mr. Ray clarified that the Reserve was about 730 units.

Ms. Marsh remarked that there would be over 1,000 units, and that without restricted access, they would increase traffic on Number 2 Road to bypass having to go around.  She mentioned that this was a similar situation with Hartwood Marsh Road because the City had approved intensive development on roads that could not accommodate the traffic. 

Commr. Parks asked about the two access points on Number 2 Road for the two developments.

Mr. Ray replied that one was the Mission Rise project, and that the Reserve, or Hillside Grove, showed one connection on Number 2 Road.  He stated that the traffic modeling allocated 25 percent of the trips to Number 2 Road, and that the majority of the trips would access the front of the project on SR 19.

Commr. Parks commented that there would be enough right of way dedicated through the emergency access for a future ingress/egress point.

Mr. Ray explained that the issue there was that it did not meet their current traffic model, and that they would have to redesign the intersection; additionally, the Town of Howey-in-the-Hills told them that building the road was an essential component of the PUD and the developer’s agreement.

Commr. Shields wondered if it would be possible to place some traffic calming mechanisms to encourage people to go to SR 19 instead of Number 2 Road when building the road.

Mr. Ray opined that traffic calming could be placed there; furthermore, it could be designed so that it was a right turn only and made into an attractive, wide, divided turn lane entrance on Number 2 Road.  He related that it was a secondary entrance at the direction from the Town of Howey-in-the-Hills for greater connectivity to the downtown corridor along with a trail section along Number 2 Road; however, he opined that it could lead to sidewalks and roads that went nowhere.  He mentioned that there was a level of service established for this road, and that the traffic studies and plans had already been submitted to the County and reviewed through the Lake-Sumter MPO, the Town, and their engineer.

Commr. Smith inquired how the entrance into the Mission Rise project could be designed to be a right turn only, and wondered how he could make that happen, noting that he was concerned with residents turning left.

Mr. Ray opined that there could be a concrete donut shaped calming mechanism or a curb that could sit in the intersection to direct traffic, and he asked Mr. Fred Schneider, Assistant County Manager, if this was something that could be done.

Commr. Parks expressed concerns about the Number 2 Road, which had seven foot lanes in some sections, and opined that this was a safety issue.

Mr. Schneider commented that Number 2 Road had mostly nine foot lanes; however, there were sections that were less than this, such as eight feet.

Commr. Campione asked if the County could construct triangle calming mechanisms.

Mr. Schneider opined that a right turn only exit would not be very functional, and that people could find a way to turn left.  He stated that it was functional on a curb and gutter road or a four lane road where it could be forced, and he recalled that it had been tried at an entrance onto CR 561, noting that the entrance had to be gated. 

Mr. Ray opined that because there was little traffic on Number 2 Road, residents would still turn left if they wanted to go that way; however, he opined that there was not a draw to go that way.

Commr. Smith opined that many would prefer to go left instead of right because of the extra distance and traffic lights on SR 19.

Mr. Ray opined that the majority of the trips would be going south to the new interchange and the Florida Turnpike.

Commr. Smith relayed that he was not against the development; however, he did not want people to turn left on Number 2 Road and could think of no other solution.

Commr. Parks indicated his concerns about development of this many units on a substandard, agricultural road.

Mr. Ray related that they had been in the review process with Lake County for almost two years, noting that it was originally submitted in October 2022.  He stated that they had clients ready to develop, and that they had acted in good faith relying on the information provided by the County and the Town of Howey-in-the-Hills, noting that there was currently a final driveway permit issue.  He mentioned that he understood the issue; however, the project had proceeded through the approval process, and they had final construction plan approval from the Town to build the road.  He said that he did not want to ask the Town to retract their approvals.

Commr. Smith opined that sending this letter to the Town of Howey-in-the-Hills could help by asking the Town to not require the project to go onto Number 2 Road.

Mr. Ray stated that they would then have to redesign the intersection at SR 19.

Commr. Campione relayed her understanding that the SR 19 intersection was their 50 percent primary access, and that they could redesign the turn lanes to be longer.

Mr. Ray commented that it was currently a three lane intersection, and that they already had a notice of intent to issue for that driveway permit with FDOT.

Commr. Campione opined that the traffic should be going to SR 19, and that if there was an emergency gate at the entrance on Number 2 Road, then it could meet the Town’s code that required two entrances.

Mr. Ray remarked that he had experience in design and permitting and experience with the Town of Howey-in-the-Hills’ approval process and the issues there, and opined that it could result in having to tell the client that it would take another year.

Commr. Campione opined that it could be bifurcated into two phases, and that the 50 percent allowance would allow them to proceed with half of the development and to use the intersection as designed; however, she opined that it would have to be redesigned for the additional 50 percent of capacity.

Commr. Parks wondered how long it would take to redesign the entrance and be approved by FDOT.

Mr. Schneider relayed his understanding that there were two main road connections, and opined that the queuing length of the turn lanes on SR 19 would need to be looked at as well as the approaches, noting that they may possibly have to look at traffic signal.  He opined that there would not be a need to four-lane SR 19 through that area.

Mr. Ray remarked that the capacity was on SR 19, and that the largest issue was that the Town was mandating the entrance at Number 2 Road as a critical element of their town in compliance with their Comp Plan. 

Commr. Smith relayed his understanding that 25 percent of the development traffic was planned for Number 2 Road and 50 percent for SR 19, and he inquired about the other 25 percent.

Mr. Ray replied that there would be access to Revels Road, which went to SR 19; therefore, 75 percent of the development traffic had planned access to SR 19.  He mentioned that the developer’s agreement said that the connection with Number 2 Road was controlled by the County, and that the Town recognized that the County would dictate the alignment of that intersection; however, the PUD required them to make that connection in Phase I.  He opined that it could work if they could create a right turn only on Number 2 Road going towards the town, noting that the Town’s Comp Plan indicated that this was for greater connectivity to the downtown area.  He relayed his understanding that there were more developments coming in for entitlements on Number 2 Road, and he asked if the County would be proposing a limitation on all development coming in on Number 2 Road to emergency access only.

Commr. Blake remarked that he had seen a large development on a two lane road with a right turn only exit, and opined that without much right of way, a raised curb median could be built for a short distance.  He opined that it was not possible to make a left hand turn there, and that it would not be very expensive.

Commr. Smith said that he would be in favor of this because his concern was for left turns onto Number 2 Road; however, he opined that a median on Number 2 Road through this area would prohibit left hand turns into the development.

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

Commr. Parks asked how much it would cost to improve Number 2 Road in its entirety as a collector road.

Mr. Schneider relayed his understanding that it was about five miles in length with not much right of way, which may have to be purchased, and that the lanes would have to be widened from nine foot lanes to 12 foot lanes, opining that it would cost about $10 million.  He commented that if it was the Board’s desire, it could be added to the road program, and that they could begin looking at a preliminary engineering study and go through that process.

Commr. Smith opined that there would be some landowners who would not give the County property.

Commr. Campione opined that this could create eminent domain situations that she would not be in favor of.  She opined that this was a rural area, and that many people did not want it to be changed out there.  She also opined that this was a special area, and that there should be a way to preserve the character of the area.  She wondered if there was a way to break up the road so that it was not a collector road and could not be utilized that way while still providing access for developments to exit in the other direction.  She opined that if the Town’s Comp Plan said that they wanted neighborhoods to be tied back into the Town of Howey-in-the-Hills, then Number 2 Road should end at some point for that purpose.

Commr. Park commented that the County had done this with Sugarloaf Mountain because of the same issues, and that they wanted to remain rural with access to Hancock Road and no access for general traffic to go in.  He opined that doing this on Number 2 Road would not be very expensive.

Commr. Smith requested that the Board would allow this letter to go to the Town of Howey-in-the-Hills, and that if the developer could come up with a right turn only onto Number 2 Road with no ingress, then he would be in favor of that; otherwise, he opined that it should be for emergency access only.

Commr. Shields relayed his understanding that the Board would just be asking for the Town of Howey-in-the-Hills to consider this.

Commr. Parks pointed out that the County had to approve the driveway permit for Number 2 Road for the project to move forward.

Commr. Campione opined that after sending the letter, the BCC could meet with the Town of Howey-in-the-Hills if necessary.

Commr. Blake relayed his understanding that the right of way only needed to go one direction for the raised median, opining that this was a less expensive solution.

Commr. Campione opined that in the letter, the Board could include the options of the emergency access only or a right turn only intersection revision.

Commr. Smith commented that he was in favor of that, and that the letter could be written to state that.  He remarked that if the County Attorney and the County Manager approved it, he would sign it and send it to the Town of Howey-in-the-Hills.

Commr. Parks opined that for the right turn-out, it might require more than 25 or 30 feet of curb, and that there should be an understanding that the engineer would determine how long it should be to be effective.

Commr. Blake expressed concerns about making these changes this late in the development process, opining that the developer had significant resources and time invested and bills to pay.  He opined that in the future, it would be good if developers could have all the information upfront.

Commr. Smith pointed out that this was a project with the Town of Howey-in-the-Hills, and that it had never come before the Board.

Mr. Erikk Ross, Director for the Information Technology (IT) Department, relayed that there were two residents on Zoom who wished to speak on the current item.

The Chairman opened the floor for public comment.

Mr. John Blodgett, a resident on Number 2 Road, remarked that there was another development coming at the County level, which was within one half mile of these two developments, and opined that it could add an additional 110 cars onto Number 2 Road and about 400 feet of right of way.  He opined that the Town of Howey-in-the-Hills wanted this road built, and noted that Mission Rise had been pushed off twice.  He opined that there should be smart development, and that the roads should be assessed as well.

Ms. Brittany Lerch, a resident of Bloomfield Avenue, commented that she drove this road every day to take her son to school, and that she was often forced off the road by the school bus.  She expressed concerns about the dangerous road, and opined that it would become worse with construction of the developments, which included construction vehicles.  She stated that she did not have an issue with the density; however, she did have an issue with left turns onto Number 2 Road.  She opined that the Town of Howey-in-the-Hills should have done more due diligence before placing this in their Comp Plan.  She also opined that the Town wanted a traffic light at SR 19, and that not having that Number 2 Road access could allow this.  She opined that a meeting to discuss this issue would be the best way to find a solution that worked for everybody.  She relayed her understanding that Whispering Hills had recognized the issues of Number 2 Road and had pulled their entrances off of Number 2 Road, reducing the density from 400 homes to 40, and she hoped that this developer would do the same.

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

On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved to send a letter to the Town of Howey-in-the-Hills addressing the issues of Number 2 Road and giving the options of emergency access only or a right turn only intersection revision.

Commr. Blake voted no.

appointments to the Affordable Housing Advisory Committee

Commr. Campione noted that there were still some vacancies on the Affordable Housing Advisory Committee, and she asked for applicants to apply for the following positions: someone who was engaged in the banking or mortgage banking industry; someone who was actively engaged in building homes in connection with affordable housing; someone who represented essential services provided for affordable housing; and someone who represented employers in Lake County.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to appoint members to the Affordable Housing Advisory Committee with waivers as applicable for the terms as specified: Ms. Danielle Stroud, as a citizen who is actively engaged as a not-for-profit provider of affordable housing, as defined in the local housing assistance plan, with conflict waiver, to be reappointed with a term ending November 30, 2025; Ms. Jeannette McIntosh, as a resident who is designated as an advocate for low-income persons in connection with affordable housing to be a new appointment filling a vacant, unexpired term ending November 30, 2024; and Mr. Josh Lambert, as a resident who is a concerned citizen for affordable housing to be a new appointment with a term ending November 30, 2025.

commissioners reports

commissioner shields – vice chairman and district 1

bay lake Road

Commr. Shields said that several triathletes commented about how nice it was to bike on Bay Lake Road, and he expressed appreciation to Mr. Fred Schneider, Assistant County Manager, for repaving the road.

League of Cities luncheon

Commr. Shields stated that he attended a League of Cities luncheon, and noted that Commissioner Parks’ video was shown. He opined that it went very well, and noted that there were many questions about the upcoming public lands referendum.

Lake county farm bureau

Commr. Shields commented that he had met with the Lake County Farm Bureau, and that they wanted a location for a museum, such as Hickory Point Park, and were looking for direction and help from the Board.

Let’s Go Green Expo

Commr. Shields remarked that he spoke at the Let’s Go Green Expo, and that he showed Commissioner Parks’ video there.

lake-sumter mpo meeting

Commr. Shields mentioned that he attended a Lake-Sumter MPO meeting.

commissioner parks – district 2

Employee luncheon

Commr. Parks expressed appreciation to staff for the employee luncheon, noting that he enjoyed the 80’s theme and participation by the Commissioners.

economic development opportunity

Commr. Parks indicated appreciation to Mr. Kevin Thibault, Executive Director of the Orlando International Airport (OIA), who lived in Lake County, and said that they had discussed partnering and were looking at ways OIA could help Lake County. He mentioned that Mr. Thibault would like to meet with other members of the Board, and he encouraged the Board to do that, opining that there was an opportunity to partner with OIA to promote economic development.

homeless legislation

Commr. Parks questioned legislation regarding the trespassing of homeless people on County properties, and opined that it could cause complications.

Ms. Marsh commented that the legislation she was aware of did not have anything to do with trespassing individuals off of public property, and that it was a piece of legislation that would allow local governments to authorize people to camp overnight on public property meeting certain requirements, such as being inspected by the Florida Department of Children and Families (DCF).  She mentioned that the Lake County code did not allow camping on any public property, including right of way, parks, and preserves, noting that this had been in the code since the late 1970s.  She elaborated that there would have to be facilities constructed for individuals if the County wanted to open public property to allow camping. 

Commr. Parks relayed his understanding that Lake County did not have to open them.

Ms. Marsh stated that the only legislation she was aware of was to allow camping under certain conditions, and that Lake County did not do that.

Commr. Parks relayed his understanding that if a homeless person was on Lake County property, the County had the ability to make them leave; however, there was some question about whether or not the County could do that without taking them to another location.

Ms. Marsh recalled that the Board had recently passed a trespass ordinance in the prior year that gave the County Manager the authority to issue trespass notices, and that the County had used that once or twice.  She relayed her understanding that there was nothing on the State level that would force the County to allow camping or make it more difficult to remove somebody from a property that was not open to the public during certain hours, such as overnight.

Commr. Campione relayed her understanding that Orange County or the City of Orlando had adopted ordinances that made it a crime to be camped out or sleeping overnight on sidewalks in public parks.

Ms. Marsh related that the County was in the process of pulling the ordinances and doing an analysis, and that they would bring back more information about what the parameters were.  She relayed her understanding that they did not specify homelessness or camping, and that they had to do with obstructing the sidewalk and permanently impeding the flow of foot traffic.

Commr. Smith commented that he would be meeting with Representative Keith Truenow to go over this item, and that he could also make an appointment to meet with Representative Taylor Yarkosky to obtain a better understanding of this, noting that he would bring this information back to the Board.

commissioner campione – district 4

Community Redevelopment Agency meeting

Commr. Campione relayed that she attended a Community Redevelopment Agency (CRA) meeting, and that there was good attendance, opining that County staff did a great job.

COMMISSIONER BLAKE – DISTRICT 5

employee luncheon

Commr. Blake remarked that Commissioner Smith was dressed in theme at the employee luncheon.

commissioner smith – chairman and district 3

office of visit lake sponsoring star athletics

Commr. Smith mentioned that he went with Mr. Ryan Ritchie, Director for the Office of Visit Lake, to a meet and greet with Star Athletics, who trained track and field Olympians. He explained that the County was sponsoring them, and opined that it was a good economic activity.

east lake heritage festival

Commr. Smith related that he attended the East Lake County Heritage Festival and official opening of the Historic Ethel Trail, and said that he enjoyed the history there.

senior blue book

Commr. Smith stated that he worked with the Elder Affairs Coordinating Council to complete the Senior Blue Book for Lake County, which was a guide for active adults, and that it listed the locations for Lake County Housing, hospitals, libraries, Walgreens, churches, and senior centers in Lake County. He opined that it was a great book with much information, and that it would be updated every six months.

employee luncheon

Commr. Smith commented that the employee luncheon was well attended, and he displayed pictures from the event. He said that he enjoyed it, and that he was glad that all the employees came out.

National plant a flower day

Commr. Smith relayed that he had done a Board Shorts video about Goodwin Orchids, and that he was mentioning this because it was National Plant a Flower Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:56 a.m.

 

 

 

 

 

 

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kirby smith, chairman

 

 

ATTEST:

 

 

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GARY J COONEY, CLERK