november 22, 2016

The Lake County Board of County Commissioners met in regular session on Tuesday, November 22, 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; Josh Blake; Timothy I. Sullivan; Wendy Breeden; and Leslie Campione.  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

Reverend Isaac Dees gave the Invocation and led the Pledge of Allegiance.


Commr. Parks recognized some elected officials who were present for the special occasion of the investiture, including Sheriff Gary Borders; Sheriff Elect Peyton Grinnell; Bob McKee, Tax Collector; Mr. Neil Kelly, Clerk of Court; Judge Mark Hill; Ms. Cindy Brown from Congressman Daniel Webster’s office, former Representative Marlene O’Toole, and Mayor Chris Bell from Fruitland Park.

Judge Hill administered the oath of office to Commr. Sullivan on his reelection as Commissioner to District 1, as well as to Commr. Wendy Breeden as Commissioner to District 3.

Reverend John Blake administered the oath of office to Commr. Josh Blake as Commissioner to District 5.

Commr. Sullivan thanked everyone for this great opportunity to continue as County Commissioner for four more years, and he thanked his family for always supporting his career from the time he swore allegiance 40 years ago to the Constitution in Charleston, South Carolina, to the present.  He pledged to do his best to keep Lake County a great place to work, play, build a business, and raise a family.

Commr. Breeden thanked everyone for giving her the opportunity to serve them for the next four years, and she introduced her family, noting that she could not have run for County Commissioner without their support.  She commented that she believes Lake County will have some wonderful opportunities over the next four years to improve their economic prosperity, keep the feel of “Real Florida, Real Close” in the county, lower taxes, and promote common-sense regulations.  She added that she looked forward to working with her fellow Commissioners, the Constitutional Officers, the County Manager, and all of the constituents in Lake County.  She emphasized that she will represent residents throughout the county rather than just those in District 3 and encouraged those constituents to reach out to her at any time.

Commr. Blake thanked the voters and commented that it was a great honor to represent District 5.  He introduced his family members who were present.  He related that he was looking forward to serving as County Commissioner and appreciated the opportunity.


Commr. Parks announced at 9:15 a.m. that there would be a half-hour recess and a reception in the rotunda to give those in attendance an opportunity to personally congratulate the new Commissioners.

Agenda update

Mr. David Heath, County Manager, stated that he needed to make three changes to the agenda, including an addendum regarding Animal Services under Tab 18 during his reports and postponement of Tab 12 dealing with approval to advertise an ordinance regarding special assessments and the addressing system in order to have a presentation on that issue and to address questions from Commr. Breeden.  He also noted that they would postpone the discussion of PACE (Property Assessed Clean Energy) until January, since the County Attorney was doing due diligence on the issue, including discussing how the processes work with the Tax Collector.


On a motion by Commr. Sullivan, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the Minutes of the BCC Meetings of October 11, 2016 (Regular Meeting) and October 25, 2016 (Regular Meeting) as presented.

citizen question and comment period

Mr. Randal Raney, a resident of Ocala and an authorized Government Affairs representative of Emerald Lakes, requested to work closely with each of the Commissioners regarding the issue of lake water levels to brainstorm solutions to the problems encountered by people in that area, as well as to get the City of Clermont involved.  He presented charts showing a clear and present danger due to the recent hurricane.

Commr. Parks commented that it would be incumbent upon the City of Clermont to take the lead on this, since the development is located within the city limits, although he believes the County will have to coordinate with them, and he suggested that Mr. Raney work with the City Manager as well as the Commissioners individually in order to move forward with this. 

Mr. Raney mentioned that the mosquitos in that area were also becoming a problem and asked for assistance in getting the area sprayed.

Commr. Campione added that they need to look at the big picture of how those water levels affect the entire chain of lakes, as well as how to best protect the residents of Emerald Lakes, and she suggested involving the Water Authority to a certain degree as well as the state agencies that could help them find or pay for solutions.

Mr. Heath responded that he did not believe there was consensus of what could be done to fix the problem, because of the way it was permitted and constructed, and the first step is to get everyone involved to agree on a course of action.  He opined that the course of action should be to make it a legislative priority to do a study to figure out a solution to that problem after a discussion with the County, Clermont, the Water Authority, and the St. Johns River Water Management District to ascertain what they need to study, who would be a recipient of any money they could get from the state, and who would administer the study.

Commr. Campione recommended that they have someone at the meeting to act as a formal facilitator to hear the different views and perspectives and then approach it from a scientific standpoint in order to find a direction that takes care of everyone.

Mr. Heath requested to get that meeting scheduled before the end of the year and bring back a legislative priority once the Board comes to a consensus after getting direction of the best course of action.

Mr. Raney opined that the Chain of Lakes would be in good hands with the County.

Commr. Parks assured Mr. Raney that the County will take the lead in setting up the meeting they had discussed and suggested that they advertise it.

presentation of hospice month proclamation

Commr. Parks read Proclamation No. 2016-127 aloud declaring November 2016 as Hospice Month and presented it to Ms. Cheryl Rumbley, Community Relations Coordinator for Cornerstone Hospice of Lake and Sumter Counties; Mr. Chuck Lee, CEO of Cornerstone Hospice; and Reverend Isaac Dees.

Mr. Lee thanked the Board on behalf of the Board of Directors, staff, volunteers, patients, and families they serve; and he mentioned that the partnerships and resource funds allow them to be able to help the patients and families they care for and continue their service to the community.


On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a 5-0 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.

Ordinance from City of Tavares

Request to acknowledge receipt of a copy of Ordinance 2016-28 from the City of Tavares amending the boundaries of the City by annexing approximately 3 acres of land located on the northwest intersection of David Walker Drive and Dora Avenue and rezoning said property from Lake County Community Facility District (CFD) to City of Tavares General Commercial (C-1).

Lake County Water Authority’s Final Budget for FY 2016-17

Request to acknowledge receipt of the Lake County Water Authority’s Final Budget for Fiscal Year 2016-2017, along with a cover letter transmitting same dated October 25, 2016.

Final Adopted Budget for Arlington Ridge CDD for FY 2016-17

Request to acknowledge receipt of the Fiscal Year 2016-2017 Final Adopted Budget for the Arlington Ridge Community Development District, pursuant to Section 189.016, Florida Statutes, along with a cover letter dated October 25, 2016 transmitting same.

Final Adopted Budget for Greater Lakes/Sawgrass Bay CDD for FY 2016-17

Request to acknowledge receipt of the Fiscal Year 2016-2017 Final Adopted Budget for the Greater Lakes/Sawgrass Bay Community Development District, pursuant to Section 189.016, Florida Statutes, along with a cover letter dated October 25, 2016 transmitting same.

Final Adopted Budget for Cascades at Groveland CDD for FY 2016-17

Request to acknowledge receipt of the Fiscal Year 2016-2017 Final Adopted Budget for the Cascades at Groveland Community Development District, pursuant to Section 189.016, Florida Statutes, along with a cover letter dated October 25, 2016 transmitting same.

Final Adopted Budget for Estates at Cherry Lake CDD for FY 2016-17

Request to acknowledge receipt of the Fiscal Year 2016-2017 Final Adopted Budget for the Estates at Cherry Lake Community Development District, pursuant to Section 189.016, Florida Statutes, along with a cover letter dated October 25, 2016 transmitting same.


On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 4 through 13, pulling Tab 12, as follows:

Community Services

Request for approval of the FY 2016-2017 Housing and Urban Development (HUD) Shelter Plus Care grant to assist homeless families. The fiscal impact is $97,857 (100% Grant funded).

Request for approval and signature on an update of Disadvantaged Business Enterprise (DBE) Policy and Procedure LCC-80 to reflect a change in departmental responsibilities.  There is no fiscal impact.

Fiscal and Administrative Services

Request for approval of submittal from the Sheriff's Office for reimbursement from the $2.50 Education Trust Fund. The fiscal impact is $33,469.11 for Fiscal Year 2016.

Public Resources

Request for approval to adopt the Lake County Library System Annual Plan of Service and Combined Operating Budget for Fiscal Year 2016-2017. There is no fiscal impact.

Request for approval of Resolution No. 2016-133 endorsing and supporting the Lake Agriculture and Youth Fair, Inc.'s grant application to the Florida Department of Agriculture and Consumer Services for $200,000 for construction of a building on Lake County's Fairgrounds property located at 2101 CR 452 North, Eustis. There is no fiscal impact.

Public Safety

Request for approval to apply for and accept funds in the amount of $36,103 for the FY 2016-17 Florida Department of Health and Emergency Medical Service Grant.  Also, request Chairman to execute the grant application and supporting Resolution No. 2016-134.  The Grant award is $36,103, with no required match for five (5) Lake County Fire Rescue personnel to attend paramedic training/certification.

Request for approval that the Board approve and execute an agreement with Essential Management Solutions, LLC. (Pottsville, PA) to furnish and install a replacement 9-1-1 database solution.  This system is used to support the County and the 9-1-1 Public Safety Answering Points (PSAP’s) at the Lake County Sheriff’s Office, Lake EMS, Eustis PD, Groveland PD, Leesburg PD and Mount Dora PD.  Fiscal impact is estimated to be $115,780.73.

Request for approval and execution of the Interlocal Agreement between the Lake County Board of County Commissioners and the Lake County Sheriff allowing use of the AlertLake Emergency Notification System by the Sheriff's Office.

Public Works

Request for approval and signature of Resolution No. 2016-135 to advertise a Public Hearing to vacate a Cross-Access Easement in the City of Leesburg (Gary & Babette Ward & VRE Leesburg, LLC). There is no fiscal impact.  Commission District 3.

public hearings: rezonings

rezoning consent agenda

Mr. Tim McClendon, Planning and Zoning Manager, Economic Growth Department, presented the advertisements for that day’s public hearings on the overhead monitor.  He related that there were nine rezoning cases this month identified as Tabs 1 through 9 in their staff rezoning book, which he noted were unanimously recommended for approval by the Planning and Zoning Board at their meeting on November 2.  He relayed that staff’s recommendation was for the Board to approve the Consent Agenda as recommended by the Planning and Zoning Board.  He pointed out that Tab 3, Rezoning Case #RZ-2016-25-5, would also include an approval of an exemption to the central sewer connection requirement in the Comprehensive Plan.

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. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 9, as follows:

Tab 1. Ordinance No. 2016-52

Rezoning Case #RZ-2016-32-1

Bernard Property

Request to rezone property from Medium Suburban Residential (R-4) to Mixed Residential (R-7)

Tab 2. Ordinance No. 2016-53

Rezoning Case #RZ-2016-26-2

Creech-Caldwell Property

Request to rezone two parcels from Agriculture (A) to Medium Residential (R-3).

Tab 3.  Ordinance No. 2016-54

Rezoning Case #RZ-16-25-5

Shadow Oak Farms LLC

Request to rezone property from Medium Residential (R-3) to Rural Residential (R-1)


Tab 4.  Ordinance No. 2016-55

Rezoning Case #RZ-16-22-5

Broome Property Rezoning

Request to rezone property from Ranchette District (RA) to Agriculture (A) to construct a barn for livestock prior to primary residence construction.

Tab 5. 

Rezoning Case #NOPC-2016-02-1

Sixth Amendment to Cagan Crossings FQD Development Order

Request to accept staff recommendation and comments on the Notice of Proposed Changes (NOPC) Application for the Cagan Crossings Florida Quality Development (FQD) Development Order which proposed to remove 242 undeveloped acres and eliminate 4,108 residential units from the development for transmittal to the Department of Economic Opportunity (DEO).

Tab 6.

Rezoning Case # FLU-16-11-1

Cagan Crossings FQD

Request to amend the Future Land Use Map (FLUM) on approximately 242.5 acres from Cagan Crossings to Urban Medium Density Future Land Use Category and amend the 2030 Comprehensive Plan to reflect the sixth amendment to the Development Order for the Cagan Crossings Florida Quality Development (FQD).

Tab 7.  Ordinance No. 2016-56

Rezoning Case #NOPC-2016-01-1

Summer Bay DRI NOPC

Request to accept revisions to correct scrivener errors in the previously considered Summer Bay Amended Development Order to reduce residential density, increase commercial square footage, add hospital/medical and storage/mini-warehouse uses, amend development matrix, amend Map H, extend development buildout date, and reflect new development requirements.

Tab 8.  Ordinance No. 2016-57

Rezoning Case # FLU-16-09-1

Summer Bay Future Land Use Amendment

Request to amend the Future Land Use Map (FLUM) on approximately 351.82 acres from Urban Medium and Regional Commercial to Summer Bay Future Land Use Category to create a new future land use category for the subject properties.

Tab 9.  Ordinance No. 2016-58

Rezoning Case #RZ-16-24-1

Summer Bay PUD Amendment

Request to rescind and replace Ordinance 2007-29 with a new Planned Unit Development (PUD) Ordinance to reduce residential units, increase commercial square footage, add hospital/medical and storage mini-warehouse uses, and reflect development requirements consistent with the Amended and Restated Development Order for the Summer Bay Development of Regional Impact (DRI) approved on August 23, 2016.

public hearing – vacation petition no. 1226 – salvage

Mr. Jim Stivender, Public Works Director, explained that this Vacation Petition No. 1226 by Ann and Robert Salvage is a request to vacate portions of a platted lot line drainage and utility easement in the Plat of Lake Valley in Commission District 2.  He mentioned that this particular and small piece of property is a cloud on their title, since this easement cuts across their pool deck, and this vacation would help the petitioners clear title to their property in order to be able to get a loan or sell their property.  He recommended approval of this vacation petition.

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. Sullivan, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-136 for a Public Hearing on Vacation Petition No. 1226 (Ann & Robert Salvage) to vacate portions of platted lot line drainage and utility easements in the Plat of Lake Valley (PB 40, PG 11).  There is no fiscal impact. Commission District 2.

departmental agenda

county manager

legislative priorities

Mr. Bill Veach, Deputy County Manager, stated that the purpose of his presentation was to review the outcomes of the Fiscal Year 2016 legislative requests and present Lake County’s proposed legislative priorities for Fiscal Year 2017.  He recapped that the Board submits a list of priorities and requests each year to the Lake County Legislative Delegation, and last year the County submitted 15 state legislative priorities, 6 federal priorities, and 1 regional priority.  He related that this year’s proposed list includes 12 state issues and 5 federal issues.  He reviewed the 2016 legislative priorities and the funding actually received or not received related to them, noting that the Lake Technical Center for Advanced Manufacturing was their top priority, which was reflected in the $3 million in funding that was received for that.  He added that there were several other state requests that were funded, including the State Aid to Libraries Operating Grant in the amount of $211,000, $2.1 million for the Affordable Housing SHIP (State Housing Initiative Partnership) funding, $95,700 in funding for the Medicaid Waiver Program, and $671,771 for the Transportation Disadvantaged Program.  He elaborated that the Re-entry Program was funded but vetoed by the Governor, and the State Homeless Grant remains status quo.  He noted that other things that were funded were Citrus Grove Road at $1.5 million, County Road 466A at $2.75 million, and the Magnolia Lane Stormwater Project at $350,000.  He pointed out, however, that the East Lake Community Park Central Sewer Connection, the Mount Plymouth-Sorrento Central Water and Wastewater Study, Ferndale Preserve Enhancements, the Helena Run Preserve Expansion, and the State Road 46/Sorrento Avenue Project were all requests that did not receive funding.   He summarized that collectively they received about $10.7 million in state funding in response to their priority requests.  He reported that the Community Development Block Grant (CDBG) and Homeless Funding were the only 2016 County legislative priorities that received federal funding, for a total of about $1.3 million in response to their federal requests; however, their lobbyists were very helpful in assisting the County to receive a SAFER (Staffing for Adequate Fire and Emergency Response) grant in the amount of $1.7 million over two years.

Mr. Veach reported on the County’s proposed state requests for 2017, including $10 million for the construction of Phase I and II of Citrus Grove Road, which would provide a major east-west connection to the Florida Turnpike interchange scheduled for completion in 2017.  He listed other requests, such as $7 million needed for the construction of Phase III of County Road 466A in order to complete the entire project from US Hwy 441 in Lake County to US Hwy 301 in Sumter County, $3 million for construction of the realignment of CR 437 from Adair Avenue to State Road 44 in order to prepare for the impact of the Wekiva Parkway on local road traffic, and $1 million to fund the connection of the East Lake Community Park in Sorrento to the municipal wastewater system provided by the City of Eustis, which was a shovel-ready project, since the park is located within the Wekiva River Basin Watershed.  Other projects he mentioned that were on the list of 2017 state legislative priorities were a $200,000 request for the purchase of bear-resistant trash containers as part of the County’s bear-human contact mitigation measures; $200,000 for expenses related to mental health or substance abuse treatments for veterans as part of the Veterans Treatment Court Program in lieu of incarceration; $1.5 million request to design and construct a one-mile trail at Ferndale Preserve to connect the park entrance to the amenities on the western shore of Lake Apopka, such as an observation tower, fishing pier, and canoe/kayak launch; a request of $300,000 for a feasibility study to examine the viability and cost to implement a community-wide central wastewater system in the Mount Plymouth-Sorrento area; restored statewide funding levels to $27.4 million received in FY 2014 for the State Aid to Libraries Operating Grant and work toward the 2001 funding level of $33.4 million statewide; and continued funding of the Career Online High School program, which was very well received with the awarding of 78 scholarships this year.  He next presented the 2017 state legislative request for $2.8 million to fully restore the State Housing Initiative Program (SHIP) funds for affordable housing, which was designed to use document stamp fees to provide local governments a funding source to address affordable housing; however, Lake County has been allocated only $1.5 million for FY 2016, which is only 53 percent of the calculated formula, with the remaining funds redirected to help balance the state’s budget.  He relayed another 2017 state request to continue state funding for mosquito control, particularly in the area of Zika funding, which would be used to pay for chemicals to treat infected areas, as well as personnel overtime for increased hours of operation and educational materials for the public.  He related that the final 2017 state legislative request would be to provide the Florida Department of Agriculture and Consumer Services with the legislative authority to expend approved US Fish and Wildlife Service grant funds for the purchase of 12.24 acres of environmentally sensitive land known as the Cannon Property in Lake County, although staff is working with other agencies in trying to determine if legislative authority is needed for this request.

Mr. Veach presented the 2017 proposed federal legislative requests, many of which paralleled the state requests, including $10 million for construction of Phase I and II of Citrus Grove Road, $7 million needed for the construction of Phase III of CR 466A, $3 million for construction of the realignment of CR 437 from Adair Avenue to SR 44, and $300,000 to examine the viability and cost to implement the Mount Plymouth-Sorrento Central Wastewater Feasibility Study.  He reported that another 2017 federal request was an Assistance to Firefighters Grant in the amount of $378,482 for the purchase and installation of Mobile Data Terminals in all Fire Rescue vehicles.  He explained that the Board had previously given approval for staff to go forward in pursuit of this grant, and a recent analysis revealed that this technology was a high priority for safety and regional coordination and would improve communication with other first responders by providing mapping to incidents within the county jurisdiction as well as other areas.  He commented that this was a highly competitive grant with FEMA, and the County was hoping to engage their lobbyist in Washington DC to help staff obtain this grant in much the same manner as with the SAFER grant.  He presented some important dates regarding the legislative priorities, including the FAC (Florida Association of Counties) Legislative Conference in Orlando on November 30; the Lake Legislative Days scheduled for February 15 and 16, 2017; and the legislative session scheduled to begin on March 7, 2017; and he noted that Commr. Parks had presented the County’s draft legislation requests to the Lake County Delegation on November 14 at Lake Sumter State College.  He requested approval from the Board of the proposed legislative priorities for 2017.

Commr. Parks reported that he presented the drafted requests at the Lake County Delegation meeting on November 14, where he informed the Delegation that there would be further discussion that day on this issue with the two new Commissioners which might result in some changes to those requests.  He opined that the meeting went very well and that he was looking forward to working with the Delegation.

Commr. Breeden asked whether they would add further priorities to this list in the future after approving it that day.

Mr. Heath answered that from time to time in the past there had been an issue that came up during the session that was added by the Board later, such as a request by Lake Sumter State College for an endorsement for a science building.

Commr. Campione asked whether the request regarding the Sorrento Wastewater Study would be linked to water issues as well.

Mr. Heath responded that they can specify that it would be for both water and wastewater.

Commr. Campione related that she had seen a presentation during the Black Bear Festival of a clasp that had been developed which could be added to existing trash cans to keep bears out of them, and she asked whether funding for the clasps and educational purposes could be included in the request for grant funding pertaining to bear-proof containers.

Commr. Parks pointed out that the federal requests were all infrastructure-related, and he related that the State House of Representatives will be looking at earmarks for the transportation projects.

Commr. Campione suggested that they focus on shovel-ready projects that will fit in with the criteria for the highest priority items for the federal legislative requests.

Commr. Parks responded that Citrus Grove Road would connect to a turnpike, which he believed would meet a lot of federal criteria.

Commr. Campione added that the Eudora Roundabout project could be added to that.

Commr. Parks recommended coordination with the MPO on federal infrastructure projects.

Commr. Campione emphasized that between the Minneola Interchange and the Wekiva Parkway, they have transportation networks that are impacted tremendously, and they need to utilize resources in order to avoid bad traffic situations.

Commr. Sullivan opined that they may have to do some more diligence and work with their lobbyist, but he pointed out that there may be some relationships that they no longer have with the new set of legislators.  He related that he had been discussing with staff the possibility of doing four legislative days in order to talk to some of the legislators while they are in their home office to educate them about the process and the issues and needs of Lake County.

Commr. Campione commented that Commr. Blake can help them with that process, since he has some ties to the Legislature.

Commr. Breeden mentioned that she was talking with someone from the Forward Pass organization who mentioned a federal grant, and she asked if they needed to put that on the legislative agenda.

Mr. Heath answered that Commr. Campione had already asked him about this issue previously to make sure that the County was in a position to go forward with that.

Commr. Campione elaborated that the Cities of Eustis and Leesburg have housing authorities, and they need the cooperation of those cities in order to get the maximum amount to use for transitional housing such as Forward Pass.  She related that they had the City of Eustis but not the City of Leesburg on board, but she has had some conversations with some of the Leesburg City Council members to clear up a misunderstanding about what the County wanted to do with that grant.  She added that they could not write their own plan until after they were awarded the grant, but she believes that they need to have a clear understanding of what the money would be used for before seeking the grant.  She summarized that it was still a little premature at this time to ask the legislators for this funding before getting the cities on board and the Board establishes the parameters of the award.

Mr. T. J. Fish, Executive Director of the Lake Sumter Metropolitan Planning Organization (MPO), added that the transportation projects mentioned during this presentation would be presented to the MPO Governing Board on December 7, and they will ask that CR 466A be put forward first as a state priority, since it was close to completion, as well as Citrus Grove Road.  He reported that they had a meeting with the Florida Department of Transportation (DOT) regarding SR 46 through Mount Plymouth-Sorrento where they reaffirmed that they are not interested in that road being transferred to Lake County until these improvements are made. He mentioned that the MPO is also working with the County on getting the Ferndale Trail eligible for state or federal funding.  He pointed out that the MPO has the ability to prioritize and make DOT provide both federal and state funds and that all five Commissioners sit on the MPO board.

Commr. Campione suggested that they think about including the Wekiva Trail on the priority list for help in funding the right of way acquisition or lease buyout from Florida Central Railroad, and she commented that teaming up with the City of Mount Dora for that endeavor would be critical, since they had agreed in sharing the cost with them for buying out the railroad.  She opined that the Wekiva Trail would be the perfect project for the SUN Trail money that had been designated in the state budget.

Mr. Heath stated that he would discuss that with the City Manager of Mount Dora, noting that there was a five-year window or option.

Commr. Campione further explained that the old railroad track that runs from downtown Mount Dora, across US Hwy 441, and into Sorrento and Mount Plymouth before going across the river has been abandoned except for the part that goes to the Sorrento area, where it currently is used mainly to store railroad cars. She elaborated that Florida Central Railroad has a lease with CFX, the underlying landowner, and the County has an agreement with Florida Central to buy out their lease at a set price within a five-year period, which is almost up.  She added that while most of the construction of the Wekiva Trail is being incorporated into the Wekiva Parkway by DOT, they are trying to figure out a way to construct the segment going into Mount Dora and across the highway, and they will have to fix the bridge to make it higher.  She commented that the County has been focusing on this issue for a long time, and it is coming to fruition as the Parkway construction moves forward.

On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the proposed legislative priorities for 2017, including the amendments previously referenced, which were to include education and clasps for trash cans with the bear resistant containers request, clarify that the East Lake utility study would involve both water and wastewater research and bring back the railroad option regarding the Wekiva Trail, and the solutions for the problems in Emerald Lakes.

other business

appointment to library advisory board

On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by those present by a vote of 4-0, with Commr. Breeden absent during the vote, the Board approved the appointment of Ms. Caryl M. Harris from District 2 to the Library Advisory Board to complete an unexpired four-year term ending February 28, 2019.

reports – county attorney

request for closed session

Ms. Melanie Marsh, County Attorney, advised the Board that she needed to have a closed session, pursuant to 286.011 Florida Statute, to discuss litigation involving Cemex on December 6, 2016 at 11:00 a.m.

reports – county manager

interlocal agreement with sheriff regarding animal shelter

Mr. Heath recapped that Lake County has historically run the Animal Services shelter and enforcement until the Board transferred the responsibilities for both of those functions to Sheriff Borders two years ago.  He related that each of the County Commissioners received a letter from Sheriff Borders on September 22 indicating the need for upgraded facilities and containing a proposal whereby he would keep the enforcement functions and transfer the shelter and related staff back to the County Commission.  He noted that he brought this before the Board at the BCC Meeting on September 27, and staff was directed to negotiate an interlocal agreement with the Sheriff regarding this issue.  He reported that staff has been negotiating an agreement whereby the Sheriff would retain the functions and the positions necessary for the enforcement role of animal services and would transfer the shelter back to the County as well as the budget for the nine months remaining starting in January, and the Sheriff agreed for the County to reduce his budget by $608,097, with approximately 18 positions coming back to the County to support the shelter functions.  He explained that the County had previously hired a manager for Animal Services, outsourced veterinarians, and did not have an Animal Services coordinator; however, the Sheriff hired a full-time veterinarian and coordinator rather than filling the manager position, which he found very effective.  He related that since the Sheriff incorporated the manager position into his command structure, the County will need to recruit and hire a manager to lead that division.  He commented that they will need to increase the adoption rate of the animals as the number of animals coming into the shelter increases in order to avoid high euthanasia rates, and he recommended that the Board keep the full-time veterinarian and coordinator on staff.  He reported that recruitment is underway for the division manager, and they were currently advertising for the shelter staff, since some of the staff under the Sheriff will apply for other jobs within the Sheriff’s organization.  He suggested that when the Board discusses uses for the reauthorization of the infrastructure sales tax on December 20, that they include using some of that funding for a new Animal Services facilities.  He related that the transition of the division will happen in January, and an Animal Services consultant will participate in a work session with the Board to help the County decide on policies and procedures after the County takes it over, as well as to assess the current facilities and meet with the various stakeholders.  He requested that the Board approve both the interlocal agreement and budget transfer in the amount of $608,097 from the Sheriff’s budget and $86,109 from reserves into Animal Services to be able to hire a manager for the new division.

Commr. Campione clarified that the consultant would have discussions with the various stakeholders such as rescue groups and the South Lake Animal League that are instrumental in animal advocacy throughout Lake County to find out what they were already doing and how the County could use that information to accomplish its goal of finding adoptive homes for the animals and doing the spay-and-neuter outreach in order to convey that at the Board’s workshop.  She mentioned that there could be opportunities to partner with other organizations and subcontract with a spay-and-neuter mobile unit.  She asked if the consultant would have time before then to look at their capital facilities.

Mr. Heath responded that there were plans that were developed several years ago for an Animal Services facility, which got scaled back because of a change in the economy at that time, and he believed that the consultant should look at those as a benchmark before they engage an architect to draw up a new set of plans.

Commr. Campione commented that there have been many changes in that field in the last five to ten years, and they could look at the best practices that have evolved since then and look into the inexpensive but functional prefabricated metal buildings that have been used by other organizations for an animal shelter.  She added that their current building results in horrific conditions in the warmer months, improper ventilation, and health problems.

Commr. Sullivan commented that it will be a huge transition with new personnel, and he suggested that they plan for that accordingly so that they will have a smooth and successful transition.

Commr. Breeden thanked Sheriff Borders for returning the shelter back to the County in a more improved condition than when it was received, even though the County has a long way to go.

Commr. Campione commented that she was excited about this opportunity and believes that the County can be proud of their efforts in the future if they get the right expertise involved to help them with the transition and tap into the resources that already exist in the county.  She suggested that the County learn from the track record, successes, and failures of programs in other areas.  Commr. Parks commented that he appreciated Commr. Campione’s leadership on this issue and looked forward to making conditions better for their animals.

On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Interlocal Agreement with the Lake County Sheriff's Office for the Board to assume operation and responsibilities of the Animal Services Shelter and gave approval to process a budget transfer moving funds in the amount of $608,097 from the Sheriff's budget and $86,109 from General Fund Reserves to establish a budget for the Animal Services Shelter within the Community Safety & Compliance departmental budget. The Sheriff will keep responsibility for the Animal Services Enforcement.

reschedule of lake 100 meeting date

Mr. Heath announced that the day the Commissioners were scheduled to attend the Lake 100 meeting in February to discuss economic development is at the same time that the Commissioners are expected to be in Tallahassee for Lake County Days, so he will have to reschedule that meeting.


thanksgiving greetings

Commr. Breeden stated that she is looking forward to working with everyone over the next four years and wished everyone a happy Thanksgiving.


land use issue regarding zoning of campgrounds

Commr. Campione asked Mr. Heath to look into a land use issue that had been brought to her attention regarding a possible state rule requiring that campgrounds be located in commercial zoning districts to see to what extent they can facilitate the zoning for those campgrounds with their laws locally.  She commented that this affects the kind of campgrounds that are associated with ecotourism that the Board is trying to promote in Lake County in areas such as Lake Apopka and the Long and Scott Farm area and makes it too expensive for businesses to open a true traditional campground.

Mr. Heath assured Commr. Campione that he would look into that issue.

sidewalk regulations

Commr. Campione asked Mr. Heath to have staff take a look at whether sidewalk regulations could be more flexible in subdivisions such as Harbor Hills.  She elaborated that the regulation was originally put in place many years ago requiring subdivisions to get their sidewalks completed or put a bond up to avoid gaps in the sidewalks in subdivisions that did not get built out. She commented, however, that it has created a problem of sidewalks being damaged during the development of that particular lot and costing more money.  She suggested that they make the requirements contingent on proximity to the schools, a major road, or a commercial area.

Mr. Heath stated that sidewalks were built with the house before this regulation was put in place.

Commr. Breeden agreed that it would be good to look at that issue.

reports – commissioner blake -  district 5

appreciation of staff

Commr. Blake thanked staff for making his transition into the County Commission smoother and stated that he looks forward to working with everyone.

reports – commissioner parks – chairman and district 2

upcoming retreats

Mr. Heath commented that they have a strong list of speakers for the utilities retreat on December 13 at the EOC (Emergency Operations Center) and related that there would also be a retreat on January 17, 2017 at the EOC as well.

road safety issues on lake shore drive

Commr. Parks related that he had been contacted by residents on Lake Shore Drive in Clermont expressing concern about safety issues on that road such as accidents and problems with ingress and egress.  He added that the residents in the area asked that the County do something quickly to address this matter, such as conduct a safety study along that road and put up stop signs or traffic lights.

Mr. Jim Stivender, Public Works Director, indicated that his staff has been looking at that corridor south of the bridge for a long time, and several traffic lights had been installed.  He assured the Board that they would look into this issue and determine whether traffic numbers have increased.  He clarified that the problem was worse in the Hull Road area.

Commr. Parks asked Mr. Stivender to keep both Commr. Sullivan and him involved in his findings regarding that matter.

Mr. Stivender added that they were about to start the Oswald Road construction, which will widen and include safety measures to that road to improve the flow of traffic and keep the speed down, and the intersection of Lake Shore Drive and CR 561 south of there was included on the road program.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.



sean M. parks, chairman