A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
july 26, 2016
The Lake County Board of County Commissioners met in regular session on Tuesday, July 26, 2016 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Sean Parks, Chairman; Timothy I. Sullivan; Jimmy Conner; and Leslie Campione. Welton G. Cadwell, Vice Chairman, was not present. Others present were: David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Pastor Rick Fountain from the First Baptist Church of Tavares gave the Invocation and led the Pledge of Allegiance.
mention of the death of mike stone
Commr. Parks commented that he was devastated about the death that week of Mr. Mike Stone, a personal friend of his and of many others present that day, and mentioned that he was amazed at all of the things Mr. Stone was involved in throughout Lake County. He added that Mr. Stone was continuously giving of himself to some very good causes and was a true pillar of the community. He quoted a passage from a book that was given to him by Mr. Stone entitled “The Last Lecture” written by Professor Randy Pausch which stated that an appropriate thing to say to a friend who was about to die was “Part of you dies and goes with him, and wherever he goes, you also go. He will not be alone.” He elaborated that Mr. Stone’s memory and everything he has done for the community, his devotion, his commitment, and his gifts that he gave to everyone will never be forgotten. He related that he and Mr. David Heath, County Manager, have discussed naming some of the soccer fields at one of their facilities after Mr. Stone. He asked for consensus from the Board to continue those discussions.
Commr. Conner responded that he believed that was a great idea.
Commr. Sullivan commented that Mr. Stone was a true advocate for children and sports, and he has had numerous calls from people encouraging the Board to do something along the lines of a memorial field. He highly encouraged the Board to move forward with that, adding that the volunteer hours Mr. Stone gave to the Lake County community were massive.
Commr. Campione indicated that she was totally on board with that idea and added that this would be a very fitting way to honor Mr. Stone, who was an amazing man.
Commr. Conner mentioned that he had served with Mr. Stone on the Parks and Recreation Board in previous years and opined that Mr. Stone certainly deserved having some fields named after him.
recognition of mr. jim watkins
Commr. Parks recognized Mr. Jim Watkins, former Lake County Clerk of Court, who was present at the meeting that day with his grandson who was present to earn a Boy Scout merit badge, and he thanked Mr. Watkins for his 35 years of service to the County as Clerk of Court.
There were no updates to the Agenda.
On a motion by Commr. Conner, seconded by Commr. Sullivan, and carried unanimously by a 4-0 vote, the Board approved the Minutes of the BCC Meetings of June 7, 2016 (Regular Meeting) and June 21, 2016 (Regular Meeting) as presented.
question and comment period
No one wished to address the Board at that time.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Inspector General Report BCC-145
Request to acknowledge receipt of Inspector General Report BCC-145, Follow-up Review of Audit of Code Enforcement Services.
Ordinances from the City of Tavares
Request to acknowledge receipt of copy of Ordinances from the City of Tavares as follows:
Ordinance 2016-13 amending the boundaries of the City by annexing approximately 5.28 acres of property generally located on the northwest intersection of SR 19 and Slim Haywood and rezoning said property from Lake County Agricultural to City of Tavares Highway Commercial.
Ordinance 2016-15 amending the boundaries of the City by annexing approximately 9.8 acres located on the north side of Slim Haywood Avenue approximately 800 feet west of the intersection of SR 19 and Slim Haywood Avenue and rezoning said property from Lake County Agricultural to City of Tavares Mixed Use.
Ordinance 2016-17 amending the boundaries of the City by annexing approximately 36 acres of land centrally located approximately 600 feet north of Slim Haywood Avenue and 1,600 feet west of SR 19, rezoning said property from Lake County Agricultural to City of Tavares Mixed Use.
Ordinance 2016-19 amending the boundaries of the City by annexing approximately 14.18 acres of land generally located at the southwest intersection of SR 19 and Camp Road, rezoning said property from Lake County Agricultural to City of Tavares Highway Commercial.
Annual Financial Audit Report for Cascades at Groveland CDD
Request to acknowledge receipt of the Annual Financial Audit Report for the Fiscal Year Ended September 30, 2015, including financial statements, for the Cascades at Groveland Community Development District, pursuant to Sections 11.45 and 189.418, Florida Statutes, along with a cover letter dated June 28, 2016.
Proof of Publication of Unclaimed Moneys
Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those non-court related moneys advertised less claims and publication costs.
Lake Soil and Water Conservation District Annual Financial Report
Request to acknowledge receipt of the Lake Soil and Water Conservation District’s Annual Financial Report for the fiscal year ended September 30, 2015.
Southwest Florida Water Management District Annual Financial Report
Request to acknowledge receipt of the Southwest Florida Water Management District’s Comprehensive Annual Financial Report for the fiscal year ending September 30, 2015 and the Fiscal Year 2015 Annual Financial Report filed June 28, 2016.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 18 as follows:
Request for approval to advertise Ordinance to repeal Article XV of Chapter 13 of the Lake County Code entitled "Non-Emergency Stretcher and Wheelchair Transport Regulations." There is no fiscal impact.
Request for approval of the FY 2016-2017 Community Development Block Grant (CDBG) Proposed Projects and Annual Action Plan. The fiscal impact is $1,134,383 - Fully Grant Funded (Expense).
Request for approval of the Section 8 Annual Update to the Public Housing Agency (PHA) Five Year Plan. There is no fiscal impact.
Community Safety and Compliance
Request for approval for Lake County Board of County Commission Chair or Designee to sign Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $94,756 for FFY 2016/2017 and designate Stephanie Glass, Probation Supervisor, as Program Coordinator. This is a pass through grant going to the Sheriff and municipal law enforcement agencies. The Florida Department of Law Enforcement (FDLE) administers this grant and the Lake County Board of County Commissioners through the Substance Abuse Advisory Board allocates all funds to recipient agencies so there is no fiscal impact.
Request for approval of Worker’s Compensation claim settlement in the amount of $140,076.87 for Robin Hall. The fiscal impact is $140,076.87. (Expenditure).
Facilities Development and Management
Request for approval to award a contract to Horne Construction (Winter Haven, FL) for replacement of Boiler Piping in the Sheriff's Administration Building; approve the associated Budget Transfer (BUA 2016-10.99); and authorize Procurement Services to execute all implementing documentation. The fiscal impact is $69,460 (Expenditure).
Fiscal and Administrative Services
Request for approval of the Supervisor of Elections’ request for a budget amendment for the Fiscal Year 2016 budget for funding temporary employees for the Election. Approve the appropriate budget transfer. The fiscal impact is $50,000.
Request for approval of Direct Pay for the State Attorney's Office for software and software maintenance to continue implementing a paperless environment. The fiscal impact is $31,931.26.
Request for approval to increase the health insurance premium rates by 7% for retiree and COBRA participants in the Lake County Self-Insured Medical Plan. Also request approval to reduce the premium rates for retiree and COBRA participants who complete the Health Risk Assessment by December 16, 2016 by the same dollar amount for each tier of coverage as for employees who complete the Health Risk Assessment.
Request for approval and execution of an Easement Agreement between Tom and Dawn Hofmeister in favor of Lake County and the City of Leesburg for a Conservation Easement and access to the Lake County’s Helena Run Preserve. There is no fiscal impact at this time. Commission District 3.
Request for approval of the Mutual Aid Agreement with the City of Umatilla (approved by Umatilla on June 21, 2016). There is no fiscal impact.
Request for approval of the Mutual Aid Agreement with the Town of Montverde (approved by Montverde on June 20, 2016). There is no fiscal impact.
Request for approval of Amendment to Fire and Emergency Medical Services Agreement with the City of Minneola (approved by Minneola on June 21, 2016). Per contract, the fiscal impact will be determined based on call activity.
Request for approval to award a term and supply contract for disaster debris removal management and monitoring services on an as-needed basis under RFP 16-0617, to Tetra Tech, Inc. (Maitland, FL), and authorize the Procurement Office to execute all supporting documentation. The annual fiscal impact is indefinite in nature at this time.
Request for approval of contract awards for the provision of geologic and hydrogeologic services on an as-needed basis under RFP 16-0616, to Universal Engineering Sciences, Inc. (Orlando) and The Colinas Group, Inc. (Altamonte Springs), and authorize the Procurement Office to execute all supporting documentation. The fiscal impact is indefinite in nature at this time. The amount spent on the prior contract averaged $17,356 per year.
Request for approval and signature on Resolution No. 2016-78 authorizing the placement of "STOP" signs with “All Way” plaques on Citrus Parkway (0261) and Tiree Drive (0261A), in the Four Corners area. There is no fiscal impact. Commissioner District 1.
public hearings: rezonings
Mr. Tim McClendon, Interim Manager of the Planning and Zoning Division, Economic Growth Department, submitted the advertisements for that day’s hearings on the overhead monitor. He related that the Rezoning Consent Agenda consisting of Items 1 through 4 was approved unanimously by the Planning & Zoning Board on July 6, 2016, and staff’s recommendation is for the Board to approve those items.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding the Rezoning Consent Agenda, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved the Rezoning Consent Agenda, Items 1 through 4 as follows:
Tab 1. Ordinance No. 2016-36
Rezoning Case # FLU-16-06-5
Request to amend the Future Land Use Map (FLUM) on approximately 2.02 acres located north of Dexter Road and along the St. Johns River from the Conservation Future Land Use Category, which does not allow residential uses, to the Rural Future Land Use Category, which allows a maximum density of one dwelling unit per five net acres.
Tab 2. Ordinance No. 2016-37
Rezoning Case #FLU-16-07-5
Request to amend the FLUM on approximately .74 acres located east of Rivertrace Road and along the St. Johns River from the Conservation Future Land Use Category, which does not allow residential uses, to the Rural Future Land Use Category, which allows a maximum density of one dwelling unit per five net acres.
Tab 3. Ordinance No. 2016-33
Rezoning Case # CP-2016-03
Mt. Plymouth-Sorrento Amendment Adoption
Amend Policy 1-2.1.4 Design Standards for the Mount Plymouth-Sorrento Main Street Future Land Use Category by striking language which limits newly constructed buildings within the FLUC to 8,000 square feet and by striking language which states an exemption to the 8,000 square foot limit for existing buildings within the FLUC.
Tab 4. Ordinance No. 2016-34
Rezoning Case #CP-2016-04
Central Water, Sewer Amendment Adoption
Amend Policy IX-2.2.2 Mandatory Central Water Connection, Policy IX 3.1.2 Mandatory Sewer Connection, and Policy IX-3.1.2
rezoning case #rz-2016-10-1 – butler property rezoning
Mr. McClendon related that the subject property consists of two-thirds of an acre and is located on the east side of US Highway 27 in the south Clermont area, approximately two and a half miles north of the Lake County line. He explained that this site is a leftover sliver of property that was not included in the Orange Tree Subdivision PUD (Planned Unit Development) to the north or in the commercial PUD to the south. He added that the Future Land Use (FLU) of the property is designated as Urban Low, noting that the site was located within a major commercial corridor and that currently there is an agricultural facility on site that grows and sells produce. He reported that the request was to rezone the property from Agriculture (A) to Planned Commercial (CP) to allow the continued use of the agricultural product sales and to add an allowed new use of vehicular sales, specifically up to 45 cars, on the southern side of the property, which is the furthest location away from the residential neighborhood to the north. He assured the Board that the proposed use is consistent with the Comprehensive Plan and the Land Development Regulations and would require a minimum of a 15-foot buffer around the entire site; he also pointed out that none of the cars from the car sales would be allowed to park in any of the right of ways. He mentioned that staff had received 20 letters in opposition, all of which were included in the backup materials, and one of those residents in opposition had spoken at the Planning and Zoning Board public hearing. He reported that the case was approved unanimously by the Planning & Zoning Board, with an added condition of approval, specifically in Section D-2 within the ordinance to allow the applicant to keep the existing RV on site year-round, provided the agricultural use was still being utilized, and he stated that the staff recommendation was to approve this rezoning case.
Mr. Jimmy Crawford, an attorney representing Ms. Ruth Butler, the owner of the property, and Danny and Dave Davidson, Ms. Butler’s children, who have run the fruit stand on that property for approximately the last 20 years as well as a vehicular sales business, stated that the family is requesting to blend the two family businesses on the proposed site. He recapped that they have worked hard for about a year with staff on this project with conditions that they believe protect the surrounding community and the county as a whole, noting that this site lies within a major commercial corridor in the Comprehensive Plan which envisions much larger and more intense commercial uses than what they were asking, since they consider this a kind of community commercial use. He elaborated that they were not asking to expand the size of the two-thirds of an acre site other than to add the vehicular sales use, and the applicants will be required to buffer the entire property. He mentioned that there have not been any new objections filed since the Planning and Zoning Board hearing, and he added that this is currently a fruit stand that has been on the site since the 1980’s which actually was a gas station sometime before the 1970’s. He reported that they will be connecting to central water and sewer utilities, which were available, and the property is currently on wells and septic.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.
Commr. Sullivan clarified that there was ingress and egress off of US Highway 27 and asked whether the buffers meet all requirements between commercial and residential sites.
Mr. Crawford elaborated that there will be a driveway off of a three-lane section of the highway, although it will not have a dedicated turn lane, and he assured the Board that they have plenty of room for sufficient access to meet everyone’s standards. He explained that the buffers will meet all of the requirements upon site plan approval and that the only waiver that will be needed would be for a 55-foot area which could not meet the 15-foot landscape buffer requirement.
Commr. Sullivan asked if there would be any change to the surrounding environmentally sensitive property.
Mr. Crawford assured him that there would be no effect on those properties, adding that there were significant wetlands on the property to their south, but none on their site.
Commr. Campione asked whether all of the vehicles will be operational.
Mr. Crawford assured her that was the case. He elaborated that they were not a “buy here, pay here” kind of business, and their endeavor would not include a junkyard, purchase of parts, or repairs.
Commr. Campione noted that she thought it was important to get on the record that the ordinance would not allow that kind of use, and she clarified that the applicants would still operate the fruit stand.
Commr. Parks expressed a concern that the added use of auto sales would not be consistent with the planned uses in the area, which is close to the gateway area coming into the south side of the county, although he understands how businesses have to adapt and change in that transitioning and growing area. He asked if there was a possibility of putting a time limit of five years on the auto sales usage and requiring the applicant to come back for approval again in five years, since he was concerned about a precedent being set of more auto sales coming to that location and wanted to avoid the area looking like it does on State Road 50.
Mr. Crawford commented that the number of cars that will ultimately be located on the site will be less than the maximum of 45 vehicles they were requesting. He commented that a time limit will be difficult for a businessman trying to invest money and effort in order to make that site as best as they could, and he would prefer not to have that limit in place. He opined that the precedential aspects of this small business are limited.
Commr. Sullivan suggested that limiting the zoning with a change in ownership would be another way to accomplish that.
Ms. Melanie Marsh, County Attorney, responded that they could add that condition in the ordinance, but it would be extremely difficult to monitor that type of condition if the applicants quitclaim the property to someone else without notifying the County of that change.
Commr. Conner opined that 45 vehicles seem like a high number for two-thirds of an acre and asked for the County’s staff to address that issue.
Mr. McClendon responded that staff worked with the applicant on this issue and that there was no limit originally on the number of cars allowed when the application was initially filed. He added that the County and the applicant went back and forth several times to figure out a number that would work for the applicant as well as for the County, noting that they also limited the location of the vehicles to the southern side of the property, whereas originally the application requested that vehicles could be placed anywhere on the site.
Mr. Crawford reiterated that they expect to have less than the maximum amount of 45 vehicles on the site and added that the site will be buffered, with the vehicles located on the side away from the residential use. He related that the applicants are agreeable to a requirement that the car use will be rescinded if they sell the property or that the new owner will have to reapply for that car sales use; however, he assured the Board that the applicants do not plan on selling that property. He also mentioned that they plan on using existing signage from the fruit stand with no additional signage needed.
Commr. Campione expressed concern about the aesthetics of the property.
Mr. Crawford responded that it currently looks like an old fruit stand, with pavement in the front, no cut ingress or egress out, and no landscaping around the property; however, most of that would be changed with this zoning. He pointed out that putting in a condition that the zoning would expire upon the sale of the property would give the County another chance to review the zoning in the future.
Commr. Sullivan commented that he agreed that making the zoning contingent upon ownership is a great way to make sure that any change would have to come back before the Board. He made a motion for approval of the zoning, with the stipulation that should the ownership of the property change, it would have to go through a rezoning to make sure that it was still in compliance with the County’s rules and regulations, which was seconded by Commr. Conner.
Ms. Marsh cautioned the Board again about tying the zoning to ownership, which would put a burden on staff, who does not check the records to know when the property would change ownership, and she also noted that doing so would not be consistent with the purpose of the zoning to make sure the use is compatible. She added that ownership is not a visual change that could be readily seen on the property, and staff will not know that the ownership has changed unless a resident complains or the burden is put on staff to routinely monitor the ownership of the property.
Commr. Parks agreed that tracking that condition would be difficult to do.
Mr. Heath mentioned that the County had a similar case in northeast Clermont, and he opined that making the zoning contingent on ownership will create a new situation that the applicants will have no control over.
Commr. Sullivan withdrew his motion, and Commr. Conner withdrew his second.
Commr. Campione clarified that any expansion of this zoning onto adjoining properties or change to a more intense or larger use would require going through a separate rezoning process, which would give the Board an opportunity to make a decision whether it was still compatible under those circumstances. She commented that this request is for a relatively small car dealership, and the size and intensity would be the distinguishing factor in other rezoning requests.
On a motion by Commr. Sullivan, seconded by Commr. Conner and carried by a vote of 3-1, the Board approved Ordinance No. 2016-35 and Rezoning Case #RZ-2016-10-1, Butler Property Rezoning, a request to rezone property from Agriculture (A) to Planned Commercial (CP) to allow agricultural product sales and vehicular sales.
Commr. Parks voted “no.”
lake county library system long-range plan of services
Mr. Jeff Cole, Public Resources Director, related that the purpose of this presentation is to hold a public hearing on the library system’s Long Range Plan of Services. He explained that the State Aid to Libraries Program is a state mechanism to assist local governments such as counties and municipalities in providing library service to the public, with the focus on providing free and equal access to the services in their libraries, coordinated access such as with their cooperative, and consistency of service throughout the operation of the cooperative system. He specified that one of the 12 requirements in order to be eligible for funding is having a long-range plan of service and that Florida Statutes also require that they have a long-range plan in order to receive funding from the State Aid program. He presented a graph showing the funding that Lake County has received since 2012 from the State Aid to Libraries Program ranging from $188,720 in 2012 to a peak amount of $274,233 received in 2015, noting that it fluctuates each year based on the funding that the state provides and the amount of money that each cooperative puts into their library systems. He reported that the funding is usually received in January each year, and they typically have received a little less than one percent of the total funding for the program in the past few years. He recapped that the first long-range plan for the Lake County library system was adopted by the Board in 1982, and there have been seven updated and revised plans since then, with the most recent plan being adopted in 2011. He related that the current plan guides improvement of the library services for all of their branch and member libraries and the methods and procedures the libraries use to provide those services. He listed the six branch libraries which were under the control of the County, which were Astor, Cagan Crossings in Clermont, Cooper Memorial in Clermont, Marion Baysinger in Groveland, East Lake, and Paisley, as well as the nine municipal members, including Fruitland Park, Howey-in-the-Hills, Lady Lake, Leesburg, Minneola, Montverde, Mount Dora, Tavares, and Umatilla.
Mr. Cole related that the current long-range plan adopted in 2011 includes six goals and objectives and strategies to meet those goals. He listed the six current goals, including providing free and effective access to online resources for the public, supported with a variety of instructional activities; inviting virtual and physical spaces where people can read, collaborate, and reflect; access to learning tools, services, and support to build skills essential in today’s society; access to resources and services to excite people’s imagination through reading, viewing, listening, and creating; and access for the business community to relevant resources, services, and support. He explained that the current long-range plan for 2011-2016 was developed through a collaborative, stakeholder, and community process that a consultant led in 2010 and 2011; and they were requesting approval to extend the current plan through the next fiscal year of FY 2016-17 with some minor clarification revisions, which are already incorporated in the version that is in the packet given to the Commissioners, including a change in the timeframe and the title to the Lake County Library System Long Range Plan of Services 2011-2017, in order to allow them to keep current with the requirements for state funding. He added that this change is supported by the Library Advisory Board, the library directors, and the Florida Division of Library and Information Services. He related that the next steps would be to perform a complete update of the current plan over the next year which would entail evaluation of all the goals, objectives, and strategies looking ahead for three to five years; collecting and analyzing new data; meeting with stakeholders and community members, including municipalities and the Library Advisory Board; and procurement of a consultant to guide the process and develop a plan. He reported that they would ask for the Board’s approval of an updated plan in late FY 2016-17, and he asked for approval and execution of the long range plan of services for 2011-2017.
Commr. Campione mentioned that she has heard about this plan at the Library Advisory Board meetings and commented that it would certainly make sense to go forward with this until they make full-blown changes to the plan.
Commr. Sullivan commented that several of the librarians have approached him as he was out and about in the community to remark about the great job the library system does and the phenomenal number of users that utilize their library system, which were over a million users last year. He stated that he fully supports the long-range plan, and he thanked Mr. Cole for the good work his staff does.
Commr. Parks added that the libraries are doing a great job and that he is very pleased with the services they provide. He commented that they owe it to their constituents to have a good long-range plan as well as this process to show how they were trying to provide services.
Commr. Sullivan commented that the total infrastructure in their library system is probably their most technically advanced of any County division.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved the execution of the Lake County Library System Long Range Plan of Services, 2011-2017, which is a one-year extension of the current long-range plan with minor clarification revisions. There is no fiscal impact.
ordinance amending chapter 16, section 16-52 - lake joanna park
Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 16-52, LAKE COUNTY CODE, ENTITLED LAKE JOANNA PARK; PROHIBITING THE LOADING AND UNLOADING OF MOTORIZED WATERCRAFT FROM THE RIGHT-OF-WAY ADJACENT TO LAKE JOANNA PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
Commr. Campione recapped that the County had a request to do some minimal clearing on the lakefront at Lake Joanna Park so that it could be used for swimming, and one of the issues that had been raised regarding that park was whether the lake would be detrimentally impacted by more motor boats and watersport activity. She explained that the purpose of this ordinance was to limit the use of this location as a boat ramp and to ensure that it would be used for activities such as picnics, swimming, and those types of activities. She added that this would prevent someone from trying to drive a car onto the property in order to unload a boat on a trailer; however, she pointed out that kayaks and canoes would be allowed. She elaborated that the uses would be delineated in the signage that would be erected at the site, and she mentioned that the feedback about this ordinance from the residents in the surrounding neighborhood was extremely positive and indicated that it was well-received by the community. She summarized that the new regulations would protect the lake and the lakefront park area.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved the adoption and execution of Ordinance No. 2016-32 amending Chapter 16, Section 16-52, Lake County Code, entitled Lake Joanna Park. There is no fiscal impact. Commission District 4.
vacation petition 1225- michael proseus – plat of golden heights
Mr. Jim Stivender, Public Works Director, related that Vacation Petition No. 1225 by Mr. Michael Proseus was to vacate a portion of the platted lot line utility easements in the Plat of Golden Heights south of Mount Dora and off of Bay Road. He explained that the pool on the petitioner’s property was built in the 1980’s and encroaches five feet within the easement in the back yard. He elaborated that the easement is not being utilized for any purpose, and the vacation is to clear title. He recommended approval of the vacation.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this vacation, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2016-79 for a Public Hearing on Vacation Petition No. 1225 (Michael Proseus) to vacate portions of platted lot line utility easements in the Plat of Golden Heights (PB 16, Pg. 63). There is no fiscal impact. Commission District 4.
REPORTS – COMMISsIONER campione – DISTRICT 4
interlocal agreement with city of mount dora – fifth avenue
Commr. Campione related that the Interlocal Agreement with the City of Mount Dora to split the cost equally with the County for improvement of a portion of Old 441/Fifth Avenue from Alexander Street to Tremain Street was approved by the Mount Dora City Council on June 7, and the fiscal impact to Lake County would be $25,480.68. She specified that the improvements would be made to a three-block area in downtown Mount Dora, where the annual Art Festival is held. She mentioned that Mount Dora has done a lot of the streetscapes over the last several years, which has been very difficult on the businesses there, resulting in a reluctance to embark on any major renovations and retrofitting of the streets in downtown Mount Dora. However, she pointed out that this street is in the heart of downtown, is well- traveled, is in very bad condition, and even presents some safety issues due to uneven payment. She reported that the City of Mount Dora approved doing this as a resurfacing project that would be done as quickly as possible and would keep at least one lane open at all times in order to keep traffic moving.
Mr. Stivender elaborated that they were currently having some scheduling issues because of the end of the fiscal year, so they probably could not get started until October; however, he assured the Board that they have talked to the City about coordinating around all of their festivals and that the project would be done smoothly and cleanly.
Commr. Conner asked how many days the project is expected to take and whether they could do a project like that at night without increasing the cost.
Mr. Stivender responded that they expect the milling and resurfacing to take three to four days, and they could possibly do this project without increased cost, although he has not yet worked out the details with the vendor.
Commr. Conner asked for staff to do as much of the project at night as possible without increasing the cost to avoid disruption there, since it was normally busy with a lot of foot traffic.
Commr. Parks clarified that the funding for this project would be done out of the penny sales tax and commented that the Board likes to help its cities.
Commr. Campione opined that this project is an investment, will be appreciated by the City of Mount Dora and the people of Lake County, and would give visitors a good impression.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved the Interlocal Agreement with the City of Mount Dora to improve a portion of Old 441/Fifth Avenue from Alexander Street to Tremain Street.
trail system in golden triangle and umatilla areas
Commr. Campione related that she has heard from several residents from the Golden Triangle and Umatilla areas who are very interested in the trail system, the Master Trail Plan, and the timeframe for getting trails finished. She added that many people are also interested in the Wekiva Trail as well as about opportunities to connect Mount Dora, Eustis, and Tavares and a trail that will go from Umatilla through the Ocala National Forest, where there is already right of way available from the old railroad right of way going to Astor. She asked the Board about having an event to answer any questions from the public and brainstorm ideas regarding the trail system in those areas, what has already been accomplished, and where the gaps are; to get an idea of what the residents want in that area; and whether the residents have some ideas about how to accomplish those requests. She added that she believed that would be a good opportunity to have a segment to highlight what is happening with the Apopka Loop Trail and to discuss the McDonald boat ramp and Lake Apopka water quality issues. She related that Senator Alan Hays was very involved in getting money set aside that would specifically go to water quality programs for Lake Apopka. She asked the Commissioners if they were interested in having staff put that together.
Mr. Heath noted that they were currently in the midst of updating the County’s Trails and Parks Master Plan, and he suggested that it be done in conjunction with the presentations from the Parks & Trails Division to the Board on their Master Plan in order not to set up a separate process from the Master Plan update.
Commr. Sullivan reported that the Parks, Recreation, and Trails Advisory Board was in the process of updating the trail program, and public hearings are a part of that process, which could ensure that the public has a part of that process in a public forum without creating redundancy.
Mr. Heath stated that he would have staff give the Board an update in August.
Commr. Campione suggested that the Board use the required public hearings as an opportunity to give an overview to the public and then highlight the meetings that give residents a chance to give input on specific revisions. She indicated that she wanted to do everything she could to facilitate any grassroots efforts and support for the trail system.
Commr. Parks stressed the importance of being reachable and transparent to their constituents, and he commented that he believed that Commr. Campione was interested in having a special focus on an information session and public feedback.
reports – commissioner parks – chairman and district 2
rezoning contingent on change in ownership
Commr. Parks suggested that the County come up with an innovative way to work with the Property Appraiser’s Office on notification of whether property has conditions on it similar to what they had discussed previously during the meeting regarding the Butler Property rezoning concerning the rezoning being contingent on a change of zoning in the future if there is a change of ownership of that property. He added that he has noticed that some of the cities make note of some of those conditions on their GIS websites, although he realizes that it would be difficult for the County to follow up and enforce that.
Commr. Campione added a suggestion to record the condition in the chain of title so that it would show up if someone does a chain of title search during their due diligence.
Ms. Marsh responded that the zoning ordinances are already recorded, so it would come up in the chain of title; however, she noted that people do not always do title searches or record their deeds when they transfer property, which would make it very difficult for staff to follow.
Commr. Campione pointed out that the County would check out any problem in the future that was reported by a constituent and would then see that the property transferred title and was required to come back for a rezoning, which would give the County an opportunity to address those conditions and any issues with the use.
Commr. Parks added that the Property Appraiser could have a note on his website as well that would show any serious property transfer condition that should be noted when the property was pulled up.
Ms. Marsh indicated that she can look into that.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:15 a.m.
sean M. parks, chairman
NEIL KELLY, CLERK