A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

October 10, 2017

The Lake County Board of County Commissioners met in regular session on Tuesday, October 10, 2017 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: Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake. Others present were: Jeff Cole, 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 Kathleen Bregel, Senior Secretary, Board Support.

INVOCATION and pledge

Pastor Mike Matheny of the Church of the Lakes in Leesburg gave the Invocation and Commissioner Sullivan led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, commented that under Tab 1, the minutes for approval were for August 8, 2017 and not August 10, 2017 as the agenda stated and that he wanted to remove and delay Tabs 32 and 33 to be rescheduled until the October 24, 2017 BCC meeting.

employee awards

Mr. Robert Anderson, Human Resources Director, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:

five years

Tina Chavez, Office Associate V (not present)

Public Safety/Fire Rescue Administration

James Globig, Assistant Traffic Operations Supervisor

Public Works/Engineering Division/Traffic Operations

Emily Powers, Tourism Support Assistant (not present)

Economic Growth/Economic Development & Tourism Division

TEN YEARS

Katherine Blanton, Program Associate

Community Services/Housing & Community Development Division

Richard Frantz, Maintenance Technician I (not present)

Public Works/Environmental Services Division/Mosquito Management

Randy Love, Traffic Signal Technician (not present)

Public Works/Engineering Division/Traffic Operations

Prathabsingh Rajaram, Landfill Attendant (not present)

Public Works/Solid Waste Division

TWENTY-FIVE YEARS

Frederick Schneider, County Engineer

Public Works/Engineering Division

THIRTY YEARS

Marlin Stewart, Equipment Operator III

Public Works/Road Operations Division/Special Projects

RETIREMENT

Mr. Kristian Swenson, Assistant County Manager, recognized the retirement of Norman Hurlburt, Energy Management Supervisor in the Facilities Management Division of the Facilities & Fleet Management Department, after 26 years of dedicated service to the residents of Lake County. He noted that Mr. Hurlburt was hired by the County in 1991 as a maintenance technician. He remarked that in 2000, Mr. Hurlburt became an Energy Management Technician within the Energy Management Department and was promoted to the supervisor of that section in 2004. He elaborated that within his role of Energy Management, Mr. Hurlburt focused on the County’s HVAC System and was very knowledgeable on that system. He indicated that Mr. Hurlburt was a dedicated employee, that he always strived to complete his tasks, and that his dedication had shown through his regularly monitoring of the HVAC System by computer during afterhours and weekends. He was known for good customer service, as he routinely followed up with customers, making sure their HVAC needs were met. He mentioned that even as Mr. Hurlburt approached retirement, his dedication and customer service never wavered, giving the example of how he worked 43.5 straight hours to keep the jail operational during Hurricane Irma and then cancelled previously scheduled days off in order to work and to ensure the system was operational during hurricane recovery. He noted that Mr. Hurlburt planned to spend time fishing and spend time with his grandchildren during his retirement. He congratulated him on his retirement and thanked him for his service to Lake County.

QUARTERLY AWARDS

Mr. Bill Veach, Deputy County Manager, presented the quarterly employee recognition awards for period April 1 through June 30, 2017.

EMPLOYEE OF THE QUARTER – 3rd Quarter FY2017

Randy Beadle, Maintenance Technician I (not present)

Facilities & Fleet Management/Facilities Management Division

SUPERVISOR OF THE QUARTER – 3rd Quarter FY2017

Neal Jeff Sandy, Chief Plans Examiner

Economic Growth/Building Services Division

Mr. Veach recognized Neal Sandy, Chief Plans Examiner in the Building Services Division of the Economic Growth Department, as Supervisor of the Quarter. He commented that the Lake County values of excellent service, integrity, professionalism and teamwork were a foundation that Mr. Sandy had incorporated into his daily activities. He elaborated that Mr. Sandy led by example by exhibiting poise, intelligence and the right amount of humor. He stated that Mr. Sandy’s helpful demeanor and respectful approach often turned difficult situations into understandable, appreciated solutions. He remarked that Mr. Sandy’s commitment to excellence in all he did made him a deserving recipient of Lake County’s Quarterly Supervisor Award.

T.E.A.M. OF THE QUARTER– 3rd Quarter FY2017

Special Needs Annual Call Out Team:

Community Services

Stephanie Glass

Maria Granado

Allison Thall

County Attorney

Jim Coyle

Sandra Lara

Economic Growth

Brenda DeMartino

Human Resources

Jane Reich

Public Resources

Pamela Edwards Goodson

Cheri Greer

Maggie Jarrell

Sean O’Keefe

Colleen Smith

Daniel Velez Rubio

Public Safety

Kelly Boeder

Public Works

Cathryn Eaton

Mr. Veach recognized the Special Needs Annual Call Out Team as the T.E.A.M. of the Quarter explaining that in June 2017, this team, representing multiple departments, spent many hours calling over 600 citizens who were part of Lake County’s Special Needs Registry. He explained that the Special Needs Registry consisted of people who required electricity for life sustaining medical equipment or transportation in the event of a wide spread emergency or disaster. He stated that through their teamwork and dedication, the Special Needs Annual Call Out Team completed their task of gathering vital information without alarming residents. He thanked the team for their efforts as a part of this critically important project.

Minutes approval

On a motion by Commr. Parks, seconded by Commr. Blake, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 8, 2017 (Regular Meeting) as presented.

citizen question and comment period

Mr. Adam Iaquinto, a resident of Waterside Pointe in Groveland, presented a concern regarding a canal in their neighborhood in which he opined that boaters were speeding and causing a safety hazard. He explained that residents were asking for a “No Wake” zone for approximately a quarter mile stretch of the Palatlakaha River, south of Lake Hiawatha, in Lake County. He described that boats were speeding past each other in this section and that there was a blind canal south of the subdivision. He reported that there were two documented accidents with one being a teenage girl who was thrown from her jet ski as she came upon the wake of a speeding boat. He specified that they went to the Lake County Water Authority who said it was a safety issue for the Florida Fish and Wildlife Conservation Commission (FWC). He said that a representative of FWC came out to the subdivision and stated it was a concern for Lake County, which was why he presented this to the Board.

Bridget Leppin, a resident of Waterside Pointe in Groveland, stated she was concerned also about this indicating that she lived on the river and was worried about her child getting injured. She opined that boats and jet skis sped by and she was worried that they might crash into her yard. She explained that a recent crash hit her neighbor’s dock and totaled their boat. She opined that it would only require boaters to slow down for a five minute ride at idle speed and urged the Board to put a “No Wake” zone in order to save a life. She then showed some pictures and a video of the area.

Ms. Melanie Marsh, County Attorney, commented they would look into the situation and would coordinate with the Lake County Water Authority.

Commr. Parks suggested Ms. Marsh also include the staff from FWC who had already been there to inspect the area.

Ms. Anne Keller, a resident of Sunset Groves subdivision, encouraged the Board to vote positively to pass the amendment change for special assessments on the day’s agenda as her subdivision would be affected by that vote.

prsentation and approval of proclamations

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the following three proclamations: Florida Native Plant Society Proclamation 2017-130, White Cane Safety Day Proclamation 2017-129, and Mediation Week Proclamation 2017-99.

presentation of the Florida Native Plant Society proclamation

Commr. Parks declared October 2017 as Florida Native Plant Month in Lake County and then presented the Florida Native Plant Society Proclamation 2017-130 to a group of members that were present. He recognized that Commr. Breeden was a member of the Florida Native Plants Society local chapter and encouraged others to join because they supported efforts to protect the Florida native plants and habitats.

Ms. Lavon Silvernell, a member of the Florida Native Plant Society, opined that in order to keep Lake County as the slogan “Real Florida, Real Close” stated, there were four actions she asked the Board to consider as follows: periodic review and incremental changes to the landscape ordinance in Lake County; to list land management of natural areas as a line item in the County budget, so it was not lost to routine maintenance and repairs of County properties; to create a committee to address criteria and scheduling for roadside mowing and maintenance and enhancement of roadside wildflowers; and to consider the purchase of unique and valuable properties, like the Canon Property, as they became available.

Mr. Jon Pospisil, a member of the Florida Native Plant Society, thanked the Board for the recognition.

Ms. Patricia Burgos, a member of the Florida Native Plant Society, informed the Board that Lake County had two chapters of the Florida Native Plant Society. She stated that the Passionflower Chapter served the southern part of the County and the Beautyberry Chapter served the northern part and meets at the Trout Lake Nature Center. She also informed them of an event happening the next day and stated anyone could become a member by visiting their website, fnps.org.

presentation of the white cane safety day proclamation

Commr. Parks declared October 15, 2017 as “White Cane Safety Day” and presented the White Cane Safety Proclamation 2017-129 to Ms. Chantel Buck and Ms. Colleen Coleman. He shared that when he was a child, his grandfather lost his sight and that he personally understood the challenges those who are visually impaired face every day.

Ms. Buck informed the Board of three Close Your Eyes events happening the following week in Clermont, Eustis and Leesburg. She stated that at these events, participants are blindfolded and asked to walk around their downtown area. She encouraged the Board to attend one of the events and thanked them for this recognition.

Commr. Parks stated he would be taking the Close Your Eyes challenge the following week.

presentation of mediation week proclamation

Commr. Sullivan proclaimed October 15-21, 2017 as “Mediation Week” in Lake County and then read the Mediation Week Proclamation 2017-99.

Mr. John Lin, Lake County Trial Court Administrator, thanked the Commissioners for their dedication and for the proclamation of Mediation Week. He stated that mediation was a great part of the court processes and he appreciated their support.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 8, as follows:

List of Warrants

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

Southwest Florida Water Management District

Request to acknowledge receipt of the Fiscal Year 2018 Schedule of Meetings for the Southwest Florida Water Management District’s Governing Board per Section 189.417, Florida Statutes.

Bella Collina Community Development

Request to acknowledge receipt of the Fiscal Year 2018 meeting schedule for the Bella Collina Community Development District in accordance with Section 189.015(1), Florida Statutes.

Founders Ridge Community Development

Request to acknowledge receipt of the Fiscal Year 2018 meeting schedule for the Founders Ridge Community Development District in accordance with Section 189.015(1), Florida Statutes.

Central Lake Community Development

Request to acknowledge receipt of the Fiscal Year 2018 meeting schedule for the Central Lake Community Development District in accordance with Section 189.015(1), Florida Statutes.

Cascades at Groveland Community Development

Request to acknowledge receipt of the Fiscal Year 2017/2018 meeting schedule for the Cascades at Groveland Community Development District in accordance with Section 189.015(1), Florida Statutes.

Estates at Cherry Lake Community Development

Request to acknowledge receipt of the Fiscal Year 2017/2018 meeting schedule for the Estates at Cherry Lake Community Development District in accordance with Section 189.015(1), Florida Statutes.

Greater Lakes/Sawgrass Bay Community Development

Request to acknowledge receipt of the Fiscal Year 2017/2018 meeting schedule for the Greater Lakes/Sawgrass Bay Community Development District in accordance with Section 189.015(1), Florida Statutes.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 6 through Tab 22, as follows:

Community Services

Request approval to transfer signature authority to the Community Services Department Director from the Chairman of the Lake County Board of County Commissioners for all Environmental Record Reviews for Community Development Block Grant projects. There is no fiscal impact.

Request approval of a Resolution 2017-132 authorizing the Transit Division Manager to access the Transit Award Management System. There is no fiscal impact.

Request approval of the Fiscal Year 2018 contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department. The fiscal impact is $321,312.00 (expenditure).

County Attorney

Request approval to make tax deed applications on County held tax certificates for properties on the Property Appraiser’s roll for years 2011 through 2014. At this time, the fiscal impact for Fiscal Year 2018 is $1,825.00 (expenditure).

Economic Growth

Request approval of the Interlocal Agreement between the City of Mount Dora and Lake County regarding consulting services for the Wolf Branch Innovation District.  The fiscal impact is $50,000.00 per year for two years (expenditure).  Commission District 4.

Fiscal and Administrative Services

Request approval to declare the items on the list as surplus, authorize their removal from the County’s official fixed asset inventory system records, and authorize the Procurement Services Division Manager to execute any required title documents.  The fiscal impact (revenue) cannot be determined at this time.

Request approval to apply for the Fiscal Year (FY) 2017 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation, and authorize the Chairman to sign any required grant documents.  The FY 2017 grant allocation for Lake County is $31,027.00 (revenue/expenditure).

Request from Fiscal and Administrative Services for approval of submittal from the Sheriff's Office for reimbursement from the $2.50 Education Trust Fund. The fiscal impact is $39,091.29 (expenditure) for Fiscal Year 2017.

Human Resources

Request approval of the County's 2018 holiday schedule which designates December 24, 2018, as the County's Floating Holiday for 2018, and designates December 31, 2018, as an additional holiday. The estimated fiscal impact is $17,000.00 (expenditure).

Public Resources

Request approval of branch library closings for calendar year 2018, and "out of session" operating hours for the Cooper Memorial Library through calendar year 2018.

Public Safety

Request from Public Safety for approval to award contract 16-0433 for replacement of the County's 9-1-1 Logging Recorder to Word Systems (Indianapolis, Indiana). The Fiscal Year 2018 impact is $310,353.00 (expenditure) for the initial purchase and all related services provided. It is anticipated that the participating municipalities will provide $24,820 toward this cost, reducing the County's net fiscal impact to $285,533. Fiscal impacts for the following years of service are $46,158 annually for support during years 2 through 5, and $55,392 annually for support during years 6 and 7.

Public Works

Request approval to award term and supply contract 17-0820A to D.A.B. Constructors, Inc. (Inglis/Leesburg, FL), and term and supply contract 17-0820B to C.W. Roberts Contracting (Wildwood, FL), to provide asphalt concrete on an as-needed basis.  The estimated annual fiscal impact is $300,000.00 (expenditure).

Request approval to award term and supply contract 17-0822A to Dixie Lime & Stone Company (Ocala, FL), and term and supply contract 17-0822B to Florida Dirt Source (Brooksville, FL), to provide limerock base material for use under various road projects on an as-needed basis.  The estimated annual fiscal impact is $25,000.00 (expenditure).

Request approval of the final plat for Serenoa Village 2 Phase 1A1 subdivision, and all areas dedicated to the public as shown on the Serenoa Village 2 Phase 1A1 final plat; approval to execute a Developer’s Agreement for Construction of Improvements between Lake County and VK Avalon Groves, LLC; and approval to accept a performance bond of $1,100,554.70. The fiscal impact is $1,551.00 (revenue), which represents the final plat application fee. Commission District 1.

Request approval of a Resolution 2017-133 to advertise a Public Hearing to vacate three portions of a permanent easement in the Avalon Groves Development, adjacent to Sawgrass Bay Boulevard in the Clermont area. The fiscal impact is $2,295.00 (revenue), which represents the vacation application fee. Commission District 1

Request approval of resolution and to:

1. Accept the final plat for Palisades Phase 3A, and all areas dedicated to the public as shown on the Palisades Phase 3A plat; and

2. Execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Canam Palisades, Ltd.; and

3. Accept $51,925.55 for maintenance of improvements and execute a Resolution 2017-134 accepting Oak Breeze Court (County Road No. 1735) into the County Road Maintenance System; and

4. Execute a Developer’s Agreement for Construction and Maintenance of Sidewalk Improvements Between Lake County and Canam Palisades, Ltd.; and

5. Accept $19,230.75 for performance of sidewalk construction; and

6. Accept $1,748.25 for maintenance of sidewalk; and

7. Execute a Proportionate Share Mitigation Agreement between the School Board of Lake County, Canam Palisades, Ltd., and the Board of County Commissioners.

The fiscal impact is $1,551.00 (revenue), which represents the final plat application fee.   Commission District 1.

Request approval of an Interlocal Agreement between Lake County and the City of Clermont for the transfer of jurisdiction of an unimproved public right of way, as shown on the Lake Highlands Company plat, recorded in Plat Book 3, Page 24. There is no fiscal impact. Commission District 2.

wekiva parkway project presentation

Ms. Mary Brooks, Public Information Officer for the Central Florida Expressway Authority (CFX) and the Florida Department of Transportation (FDOT) for the Wekiva Parkway project, presented an update on the project. She stated that CFX opened the first five miles of the Wekiva Parkway, from US Highway (Hwy) 441 up to Kelly Park Road, with 200 people present for the ribbon cutting. She commented that the projected traffic was about 6,500 trips per week but ended up being 9,200 trips, with the expectation for more traffic once it connected to State Road (S.R.) 46. She reported that the next five miles would be opened by Spring 2018, which would be a great win for Lake County as it would connect to S.R. 46. She then showed a video of the roadway construction, which included section 2C, the section that would make the connection to S.R. 46 and would be designated as S.R. 453. She noted that the next section to begin construction in Lake County was section 3A/B in Mount Dora, which would start October 18, 2017. She remarked that there would be a lot of changes in that area and that work would start on the north side of S.R. 46 and affect several side streets. She indicated that citizens could find information and follow the project on www.wekivaparkway.com, Facebook or Twitter. She described that there would be a major traffic diversion at S.R. 46 and US Hwy. 441, with temporary lanes and an added temporary stop signal on US Hwy. 441. She continued her presentation with stating that section 5, which was the realignment of County Road (C.R.) 46A, started in June 2017, and had a finish date of Spring 2019 with some impacts to S.R. 46. She elaborated that section 6 would start soon and that it would be a six mile stretch that encompassed much of East Lake County. She added that this project would include some new features like scenic overlooks at the wildlife bridges, modified railings to enhance the trail user experience and bald eagle nest protections. It would also affect traffic for some side streets as well as entrances into some of the parks, like Rock Springs Run State Reserve and Lower Wekiva River Preserve. She remarked that the Wekiva River Bridge would have some innovative construction techniques and would include three bridges, two for traffic and one service bridge for the Wekiva Trail. One of the innovative techniques was top down construction, so the river was not harmed. She indicated that section 7A in Seminole County would start in February 2018 and would go from Longwood Markham Road to Orange Boulevard. Section 7B was the last of the non-tolled improvements and would include the widening of S.R. 46 heading toward Interstate 4 (I-4). She reported that section 8, which was the interchange of S.R. 417 and I-4 that completed the beltway, had been recently advertised for design build bids and construction was set to begin late 2018. She specified the importance of getting the word out to residents to make them aware of construction delays and changes. She asked the community for their patience during this time.

Commr. Parks thanked Ms. Brooks for all her help with this project and relayed that this project would be impactful to Lake County. He indicated his appreciation that the landscape areas around the new roadways would include plants native to Florida.

Commr. Sullivan remarked how many questions he gets about the length of the project and he opined that it was moving at a fast pace.

Ms. Brooks responded that they received comments on their Facebook page about the excitement for the project and the traffic convenience it had brought to the area.

Commr. Campione recalled that several years ago they received requests from residents in the C.R. 435 area regarding the access there being permanent and that it would require a change to the Wekiva Parkway and Protection Act.

Ms. Brooks responded that the Wekiva Parkway and Protection Act did not include C.R. 435 as a permanent location for an interchange because it was a highly environmentally sensitive area. She clarified that the temporary ramp that was currently there would be taken out as part of the construction.

Commr. Campione remarked that the concern was the traffic and safety of C.R. 435, commenting that without the interchange being there, it would funnel traffic through Mt. Plymouth and that they would like to protect that community from becoming an alternative route that would change the character of that area.

Ms. Brooks responded that they did hear from some residents in that area at a public meeting; however the next steps would need to be at the legislative level.

public hearings: REZONING

Mr. Tim McClendon, Planning and Zoning Manager, Economic Growth Department, displayed the advertisements for that day’s rezoning cases on the overhead monitor and noted that Tabs 1 through 3 were Comprehensive Plan Text Amendment adoption hearings that had been reviewed by the Florida Department of Economic Opportunity (DEO). He stated that DEO did not have any objections or recommendations on those cases so he requested that the Board approve Tabs 1 through 3 on the Rezoning Consent Agenda. He reported that Tabs 4 through 8 were approved by the Lake County Planning and Zoning Board (PZB) on August 30, 2017. He requested that the Board also approve the recommendations from the PZB and approve Tabs 4 through 8 on the Rezoning Consent Agenda. He then noted that he had received several emails regarding Tab 7, transmittal for the Savanna Reserve, and that he had a full presentation on this if the Board wanted to pull that tab from the approval.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding Tabs 1 through 6 and Tab 8 on the Rezoning Consent Agenda, the Chairman closed the public hearing.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 8, pulling Tab 7 as follows:

Tab 1. Ordinance No. 2017-39

Rezoning Case # CP-17-03

Naval Undersea Warfare Center Okahumpka

Mission Impact Zones Overlay District

Tab 2. Ordinance No. 2017-40

Rezoning Case # CP-17-04

Family Density Exception

Tab 3. Ordinance No. 2017-41

Rezoning Case # CP-17-05

Amendment to Policy 1-7.1.3 Existing

Lot Exception for Density

Tab 4. Ordinance No. 2017-42

Rezoning Case # CUP-06/6/4-3

Paddock Hills Equestrian Training Facility

CUP Revocation

Tab 5. Ordinance No. 2017-43

Rezoning Case # CUP-17-07-1

Southwest Lake Sports Park C

Tab 6. Ordinance No. 2017-44

Rezoning Case # CUP-17-06-2

Violette Eco Lodge & Recreation CUP

Tab 8.

Rezoning Case # CP-17-09

Impervious Surface Ratio (ISR) Requirements

rezoning Tab 7 – Savanna reserve

Mr. McClendon presented additional information regarding Tab 7, stating it was case FLU-17-06-1, named Savanna Reserve, located in District 1 on the West side of C.R. 561, adjacent to the Summit Lakes Subdivision. He remarked that the tract size of the entire property was approximately 180 acres with about 111 acres that were developable. He indicated the request before the Board was to amend the Future Land Use (FLU) map from Green Swamp Rural Conservation, which allowed one dwelling per ten acres, to Green Swamp Rural, which would allow one dwelling per five acres. He added that there was also an associated Comprehensive (Comp) Plan text amendment to allow central water to serve a proposed 25 lot subdivision. He then showed a map to demonstrate the current FLU and the proposed FLU as well as the concept plan that the applicant had submitted. He elaborated that the concept plan was proposing 25 lots and identified a conceptual road layout, with the proposed subdivision entrance lining up with the existing Summit Lakes Subdivision on the opposite side of C.R. 561. He then reported the staff analysis as follows: the current FLU would allow a 14 lot subdivision, which included wetland credits; the FLU amendment would allow an additional 11 lots for a total of 25 lots; the applicant wanted to develop 45 of the 111 developable acres, creating the lot size to be about 1.8 acres. He added that in the emails received from citizens, there were comments concerning clustering. He clarified that the Comp Plan required a development to be clustered away from environmentally sensitive lands. He added that it also required that built areas of a development site be well defined and compact to allow for large tracts of open space, which this concept plan provided. He reiterated that the clustering proposed only developed 45 of the 111 net acres, so that would leave 134 acres to be placed in a conservation easement during the Planned Unit Development (PUD) rezoning. He stated they had been in conversation with the DEO and the Green Swamp Area of Critical State Concern (GSACSC) agency, who both reviewed the project and helped write the text amendment policy that would allow this project to be served by central water. He elaborated that in order to meet the requirements for central water the property needed to be located directly adjacent to the urban FLU series, had to be within 660 feet of an existing utility line and must be within an ethylene dibromide zone (EDB), which meant a contaminated well area. He reiterated that the applicant had submitted a PUD rezoning but because they could not condition a FLU map amendment or text amendment, this was strictly for transmittal purposes to DEO in order to get their recommendation report. He added that should it be transmitted, they would bring it back to the Board to have the PUD rezoning line up with the adoption hearing. He stated that the Board action requested was to accept the Lake County Planning and Zoning Board recommendation and transmit the Future Land Use map change and text amendment.

Commr. Breeden commented that residents expressed concern that changing the zoning in the green swamp area would bring a lot of development.

Mr. McClendon replied that currently the Green Swamp was quite prohibitive when it came to development. This proposal was simply taking the existing one dwelling per ten acres down to one dwelling per five acres and that staff felt that was still extremely rural.

Commr. Sullivan added that the key to the request was potable water and sewage.

Mr. McClendon responded that the sewer lines were not within the facility so these homes would be connecting to a septic tank.

Commr. Campione asked if they used enhanced septic tanks in the Green Swamp and she commented that the FLU amendment identified that there would be 25 lots, but she wondered if there would be more than that.

Mr. McClendon responded that it was not a requirement to have enhanced septic tanks but that they could make that part of the PUD rezoning conditions. He said that 25 lots would be the maximum for this situation, clarifying that it totaled 22 lots based on the 111 net acres, but because of the wetlands on the property, they were able to get credit to do 25 lots.

Mr. Jimmy Crawford, attorney with Langley, Nagle, Crawford & Modica, Chartered Attorneys at Law, representing the applicant and owner, stated he had worked with the Lake County Staff and the DEO for over a year, with the goal to allow water utility, on a limited basis, into the Green Swamp. He understood why the DEO and residents were protective of this area because introducing water utility into the depth of the Green Swamp could encourage development and a higher density, with the chance someone could later ask for it to change from one dwelling per five acres to one dwelling per one acre. He clarified that because of this, they specifically limited this policy to a small area near S.R. 561 and it had to be within an EDB zone. He stated that this area had been analyzed and eight parcels were identified that could connect under this revised policy. He mentioned that one letter they received from a resident claimed it would be spot zoning, but he clarified that this would actually be correcting spot zoning, adding that this was the only rural conservation in that area. He further explained that this area was surrounded by properties that were zoned for the same land use that the applicant was asking for and therefore bringing it into line with all of the other uses in the area. He stated that Outstanding Florida Water (OFW), has a standard that requires that anything done must be in the public interest and since the public wanted this area to have extra protection, any change should benefit the Green Swamp and the community. He clarified that was what the applicants were trying to do and that their PUD application required best management practices for herbicide and pesticide applications within the community, larger setback from wetlands than required in the Comp Plan, and enhanced septic tank and storm water treatment requirements. He opined there was no planning or environmental reason that had been found for this one area to be treated differently than the surrounding area, and that it was the right spot for the higher density of one dwelling per five acres instead of one dwelling per ten acres.

The Chairman opened the public hearing.

Ms. Debbie Howard, a resident from Clermont, noted that she was speaking on behalf of residents who live off of Bronson Road, near the C.R. 561 corridor. She encouraged the Board to keep the Comp Plan as it was created as a 1 in 10 and to respectfully not approve the rezoning request. She remarked that their roadway was a 2-lane road with houses on both sides of the street. She opined that neighbors walk along that road and they could not handle any more traffic coming through that corridor.

Ms. Kelly Obishon, a Clermont resident, commented that she owns and lives on 10 acres of land, 750 feet south of the Savanna Reserve, and that her property was in the Green Swamp rural conservation land use area. She noted that she bought a home there because it was a one dwelling per ten acres area. She asked the Board to please keep the land in the area consistent with its current land use and opined that if they approved the change, it would significantly impact the Green Swamp area along S.R. 561 as well as other properties in the Green Swamp and could result in future developers requesting additional changes. She stated that the proposal for 25 homes, each on 1.6 acres, was less than the five acres minimum required by the Green Swamp rural use. She opined that for 40 years the Commissioners had always supported the Green Swamp policies and land use, and urged this not to change. She then asked Mr. Crawford about the wells and the EDB zone, saying that she tested her well every year and had never had EDB issues.

Ms. Kathleen Young, a concerned resident from the area on Harder Road, opined that allowing developers to come in and continue to build was taking away from the authentic old Florida and sacrificing the many for the few. She declared that she moved to Lake County for the rural area and asked the Board to keep the Comp Plan as it currently was designated.

Mr. Rick Ault, a concerned Clermont resident, opined that the Comp Plan was the rule book and not a fluid list of suggestions. He commented that the map showed what was urban low density, with a distinct line at S.R. 561, which was the boundary of the Green Swamp Area of Critical State Concern. He remarked that the urban low density had been there for 20 years as developed in 1996. He opined that it was frustrating that the staff reports asked what had changed since the Comp Plan came forward that would warrant a modification, and the justification given for this was that the property across the street was developed as urban low density. In his opinion, he said the fact there was a higher density across the street was a reason to keep the conservation designation, not a reason to discard it. He referred to the morning section of the BCC meeting when they recognized the Florida Native Plant Society and they said let us keep Florida native, but he opined that it seemed like some developers wanted to fill the Green Swamp with septic tanks. He urged the Board to not set the precedent of opening up the Green Swamp and asked them to deny the proposal.

Commr. Campione remarked that clustering was a conservation based concept that was put in place by the prior Board and the Local Planning Agency (LPA) to protect open areas so that there could be native plants and wildflowers.

Mr. Crawford responded to Ms. Obishon’s comment earlier and displayed a map of the State’s EDB zones and showed the property within an EDB zone. He added that the EDB zone restriction was in the Comp Plan amendment in order to not open up the Green Swamp any further to utilities that were not needed. He explained that of the seven other parcels that did fit the criteria, five of them were already rural and they could not ask for any more density but would have to connect to water. He mentioned that in regards to traffic, the Lake Sumter MPO, the Lake County Public Works Department and FDOT were all involved and had no negative comments. He concluded that every planning, environmental and traffic expert who had looked at this proposal recommended approval.

Commr. Breeden asked Mr. Crawford to address the elevation.

Mr. Crawford responded that the Green Swamp, as well as all the areas they were proposing for development, were above the hundred year flood, with all the floor elevations being 18 inches above the same mark, since the County ordinances protected that level. He stated it was a reasonably significant hill, with some flood planes on it; however, they were all in the protected areas of the PUD.

Mr. McClendon displayed a flood plan map of the actual property, pointing out that there were no buildings within the 100 year flood area.

Commr. Parks asked Mr. McClendon to show a map of the Green Swamp Area of Critical State Concern, as designated by the State of Florida.

Mr. McClendon displayed and pointed out on a map that the entire southwest of the county was identified as part of the Green Swamp. He then went over the details of the various shades on the map and which areas were Urban Low density, Green Swamp Rural and Green Swamp Conservation.

Commr. Sullivan stated that he supported the staff recommendation because he believed it was a better way to protect the Green Swamp and would help with some of the rezoning.

Commr. Breeden remarked that she had read all the emails from the concerned citizens and she thanked them for sharing their concerns. She mentioned that she thought it was a reasonable request since there would still be 134 conservation acres and that having potable water, instead of wells, was positive. She also reported that she did have lengthy conversations with Mr. McClendon regarding this and that she was going to support it.

Commr. Blake also commented that he read many of the citizens’ emails and he appreciated hearing their concerns at the meeting, adding that he had met with Mr. McClendon after reading the emails to make sure he fully understood everything. He elaborated that since it was only a difference of 11 lots on a 180 acres, he did not think it was that big of a difference and he would support it.

Commr. Campione reported that she read the Planning and Zoning report and the citizens’ emails in detail, and commented that the emails gave her the impression that this was a wider spread request; however, this specific property was actually very narrow. She opined that having 14 units to dig wells in an EDB zone was more problematic than having 25 units on the potable water. She felt that clustering them led to better quality conservation because 14 lots with wells would have a bigger affect than 25 lots that were more closely situated. She added that all the protection to the flood plain and the wetlands was still intact. She did not think it opened up the door to development because it was site specific. She thought it was a better protection of the environment.

Commr. Parks thanked Mr. Crawford for his work on this case and for being straight forward and representing his clients well. He thought that there were some issues with the Comp Plan, reporting that he served on the Local Planning Agency for two years and requested that the Comp Plan be looked at again to make some changes. In regards to this issue, he reiterated that he made a promise to be careful with what was done in the areas of the Green Swamp and the Ocala National Forest. He understood the arguments made but still had some concern and being sensitive to the promise he made, he would not support the motion.

Mr. McClendon noted that this was just for the transmittal hearing to the State of Florida and that there would be another public hearing on this issue.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved the Rezoning Consent Agenda, Tab 7 as follows:

Commr. Parks voted no.

Tab 7.

Rezoning Case # FLU-17-06-1

Savanna Reserve

Comprehensive Plan Amendment

recess and reassembly

The Chairman called a recess at 10:52 a.m. for 15 minutes.

public hearing – ordinance 2017-47 special assessments

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING RESOLUTION NUMBER 1982-43 AND THE LAKE COUNTY ROAD POLICIES; AMENDING, RENUMBERING AND RETITLING LAKE COUNTY CODE, CHAPTER 18, ARTICLE III ENTITLED “SPECIAL ASSESSMENTS” TO ESTABLISH ASSESSMENT AND IMPROVEMENT PROCEDURES AND REQUIREMENTS; TO CREATE A NEW SECTION FOR MUNICIPAL SERVICE BENEFIT UNIT (MSBU) PROGRAM RELATING TO PUBLIC WORK SERVICES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; 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 matter, the Chairman closed the public hearing.

Commr. Campione commented this was a great vehicle for residents to use when they wanted to improve the roads in their neighborhood.

Commr. Breeden thanked staff for bringing this for consideration and encouraged them to continue to bring creative ideas for non-County maintained roads.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried by a vote of 5-0, the Board unanimously adopted Ordinance 2017-47 repealing Resolution 1982-43 and the Lake County Road Policies; amending, renumbering and retitling Lake County Code, Chapter 18, article III entitled “Special Assessments” to establish assessment and improvement procedures and requirements, and create a Municipal Service Benefit Unit (MSBU) Program relating to Public Works Services.

public hearing – ordinance 2017-48 commercial design standards

Ms. Marsh 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 LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, CHAPTER IX, SECTION 9.10.00, ENTITLED “COMMERCIAL DESIGN STANDARDS’; INCLUDING A NEW SUBSECTION 9.10.03, ENTITLED “MT. PLYMOUTH-SORRENTO COMMUNITY REDEVELOPMENT AREA COMMERCIAL DESIGN STANDARDS”; ESTABLISHING DESIGN STANDARDS FOR COMMERCIAL STRUCTURES IN THE MT. PLYMOUTH-SORRENTO CRA; 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 matter, the Chairman closed the public hearing.

Commr. Sullivan stated this was the second public hearing and that a lot of work had gone into these design standards both by the community and experts.

Commr. Campione relayed that it did involve a lot of input and many hours of the Mt. Plymouth Sorrento Community Redevelopment Agency (CRA) Board and the committee in Mt. Plymouth-Sorrento. She remarked that conceptually it was a traditional neighborhood design but that there was room for an architect to work around the standards to do original design, with the opportunities for waivers to show that the spirit of the regulations were being met through alternatives. She related that this was driven by the community wanting to assure that, as the Wekiva Parkway developed, that area redeveloped in a high quality way and in character with that area.

Commr. Parks commented he appreciated all the work and that these standards could help with what they were trying to accomplish along the commercial corridor of Hwy. 50 and US Hwy. 27 in Clermont as well.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried by a vote of 4-1, the Board adopted Ordinance 2017-48, amending Lake County Code, Appendix E, Land Development Regulations, Chapter IX, Section 9.10.00, entitled “Commercial Design Standards”, by including a new subsection 9.10.03, entitled “Mt. Plymouth-Sorrento Community Redevelopment Area Commercial Design Standards.”

Commr. Blake voted no.

library impact fees award

Dr. Ava Barrett, Director of the Office of Library Services, presented information regarding the requested award for Library Impact Fees. She started with a background of the Library Impact Fees, stating that they were important to libraries for assisting in growth related capital improvements, were collected in municipalities and unincorporated areas and that residential construction was what generated the fund. She elaborated that County Policy LCC-63 determined the parameters for award of the fees including the following: information on what the process should involve; the deadline date; specific requirements for the public hearing and the eligibility to be used. She displayed a slide showing a list of 13 ranking criteria that the County Policy LCC-63 used and commented that the policy states “if funding is available to only partially fund a project, the partial amount will be offered. If partial funding is declined, it will be offered to the next project in line and so forth.” She specified that there was $943,086 in available 2017 impact fee awards with the following requests: Fruitland Park requested $466,000, Leesburg requested $11,956, Tavares requested $500,000, Umatilla requested $24,830 and Howey-in-the-Hills requested $500,000. She noted there was a process in which requests were reviewed by the County Attorney’s Office, the County Library staff, member library directors and the Library Advisory Board. She reported that the Library Advisory Board recommended the $943,086.00 be awarded to three successful applicants, based on the application rankings by a committee of member libraries and County staff, per County Policy LCC-63, and also on available funds. She listed the recommended awards as follows: $11,956 to the City of Leesburg library to purchase four additional double sided shelving browsers for the storage and display of DVD’s; $431,130 to the City of Fruitland Park to purchase public use furniture for the adult and children areas, to purchase 16 public access computers and to partially fund construction of a new library facility; $500,000 to the City of Tavares library for construction expenses of an expansion of the current library.

The Chairman opened the public hearing.

Mr. Vance Jochim, a resident of Tavares and a writer of a blog on local governmental issues, stated he supported the request for the Tavares library as he uses it frequently.

Commr. Sullivan remarked that Lake County libraries were highly utilized and that he had visited every library in Lake County.

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

On a motion by Commr. Blake, seconded by Commr. Breeden and carried by a vote of 5-0, the Board unanimously approved the Library Impact Fees distribution as follows: City of Fruitland Park, $431,130, for the purchase of public use furniture, 16 public access computers and partially fund construction of a new library facility; City of Leesburg, $11,956, for shelving equipment; and City of Tavares, $500,000 for construction of a building expansion of the library.

public hearing – Medical marijuana ban

Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows, stating this was the first hearing and if approved, would come back for adoption at the BCC meeting on October 24, 2017:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING LAKE COUNTY CODE, CHAPTER 3, ARTICLE IX, ENTITILED “MEDICAL CANNABIS ACTIVITIES”; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIOS, CHAPTER II, ENTITLED “DEFINITIONS” TO ADD DEFENITIONS RELATING TO MARIJUANA; ADDING NEW SECTION 3.15.00 IN LAKE COUNTY CODE, APPENDIX E, BANNING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM BEING LOCATED WITHIN THE UNINCORPORATED AREAS OF LAKE COUNTY, FLORIDA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

Mr. Jochim thanked the Board for having a ban on the dispensaries since there were three cities in Lake County that were going to allow them and residents could also get it by mail. He stated he used to live in Colorado and California and had seen the negative effects of allowing medical marijuana and he opposed anything that would perpetuate the distribution of any kind of marijuana.

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

Commr. Sullivan stated that the State of Florida did not regulate where the dispensaries could be, so if allowed, the amount and placement could not be regulated. He reiterated that since there were Lake County municipalities that planned to allow dispensaries, availability would not be an issue.

Commr. Parks remarked that he would support the ban because it was not about making it less available, since it could be obtained by mail and in the three other county cities, but it was about the State not giving them the ability to regulate it locally. He stated that if that changed, they could relook at a way to regulate the dispensaries by location, hours of operation, what they could be placed next to, etc. He also added that since it was still federally illegal, it could be dangerous in areas with possible safety issues. He mentioned he had talked with Commissioners in Colorado and California, where it was legal and a billion dollar industry but believed it would be hard to manage in Lake County until it was made federally legal.

Commr. Breeden noted that she had waivered in her thoughts regarding this but that should would support the ban at this time. She stated the Lake County Economic Growth Staff looked at this and based on the population, said the County could support about five dispensaries. She opined she was not happy that the State had given an all or nothing approach and hoped they would allow them to regulate the dispensaries in the future. She stressed that the dispensaries were the only thing the Board was banning and that the production, growing, extraction, wholesales and delivery were allowable in Lake County, noting that there was one grower who already had their license and one applying for a license.

Commr. Blake commented that he would support the ban as well, with the understanding that this did not prohibit anyone in Lake County who needed access to medical marijuana.

Commr. Campione declared that she agreed to the comments already made and that it did not deny access but that it remained accessible to those who need medical marijuana. She indicated that Mount Dora and Mascotte had allowed dispensaries, covering the Northeast and South of Lake County, with Polk County and Volusia also allowing it so it was clearly accessible. She explained that the Board was taking the cautious approach to see what happened and it could always be revisited, reiterating that this was just within the unincorporated areas as the cities still had control over what happened inside their limits.

On a motion by Commr. Parks, seconded by Commr. Blake and carried by a vote of 5-0, the Board unanimously approved the first reading of the ordinance banning medical marijuana treatment center dispensing facilities.

public hearing – Citurs Grove Road phase iii

Mr. Fred Schneider, County Engineer, stated the purpose of the public hearing was to present the Board with the recommended final alignment for the Citrus Grove Road Phase III project. He displayed a project location map that showed the three phases of the roadway near Founders Ridge and Overlook at Grassy Lake. He commented that Citrus Grove Road would start at North Hancock Road and run west to US Hwy. 27. The original Project, Development and Environmental (PD&E) evaluation was approved in 2008 and included North and South Hancock Road, which had already been completed, and this was the other section of that PD&E. He identified some of the developments in the area which included: Founders Ridge, Overlook at Grassy Lake, Center Lake and Hills of Minneola. He reported that the $10 million legislative grant that was recently appropriated would primarily cover Phase III and possibly Phase II if there were any funds left over and could also be used for right-of-way acquisition as well as construction.

Mr. Chris Towne, with DRMP Inc., the engineering design company contracted for the Citrus Grove Road, Phase III project, stated that the Citrus Grove Road Project purpose was to: provide access between US Hwy. 27 and the Turnpike Interchange, provide a regional road network capacity, and would be four lanes with a median, bike lane, multi-use trail, and sidewalk. He explained that the current condition of Citrus Grove Road was a 20 foot wide asphalt roadway, with minimal shoulders, and no sidewalk. He declared that the road did not have the capacity to handle the amount of future travelers who would use the connection. He elaborated that the construction was broken into three phases as follows: Phase 1 was the eastern most section that connected to N. Hancock Road; Phase 2 was the middle section, being done by the developer of Founders Ridge; Phase 3 connected to US Hwy. 27. He added that all three phases would have similar properties. He mentioned that the project began with the PD&E completed in 2008 and now in 2017, they wanted to confirm with the County that the plan was still relevant. He discussed the project timeline stating there was a public meeting, a right-of-way team meeting and a public works and homeowners meeting in June 2017; a presentation to the Minneola City Council in July 2017; and a second public meeting in August 2017, which identified the preferred alignment and pond site for storm water. He clarified that based on the Board’s decision, they would then begin designing the project and start construction, with this phase opening to traffic at the end of 2020. He specified that when they considered the alignments, they looked at the following: property impacts, both commercial and residential; historical sites, which there were none; environmental, with no issues for wetlands, floodplains or habitat; engineering; and construction costs. He noted that north of the existing Citrus Grove Road was a Duke Energy easement, with power lines, which was considered when determining the three alternative road alignments. The first alternative road alignment was to have the entire facility, the lanes, median, bike path, and sidewalk all south of the easement. The second alternative road alignment shifted the bike trail to the north of the easement. The third alternative road alignment had a larger 45 foot median with the easement located in the center of the median. He then showed pictures of each alternative alignments in order to explain what they would look like. He pointed out that the intersection of US Hwy. 27 would be similar for all three alignments, with some realignment needed on the west side of US Hwy. 27 for the through lanes to line up with the road on the east side.

Mr. Schneider described that on the map, the red stars represented areas that would be a total property acquisition, including a commercial site currently undeveloped and two residential sites that had structures on them. He said the yellow stars represented residential homes that would need to be taken for the roadway.

Mr. Towne continued his presentation noting that with the second alternative road alignment, the trail was approximately 40 feet away from the traffic lanes and additional signage would be placed to make drivers and trail users aware of this. He clarified that the reason they were working around the Duke Energy easement was because each power line pole would cost around a quarter of a million dollars to move. He remarked that in the third alternative road alignment option, there were power poles within the easement which would make left turns challenging. He indicated that they also considered three options for storm water retention ponds as follows: alternative one was at the southeast corner of the intersection of US Hwy. 27, far away from any roadway frontage but could be used as a joint use pond; alternative two involved two residential property total acquisitions, with the roadway high spot making it a little harder to get the water to the pond; alternative three included a commercial property total acquisition and used up valuable frontage to the new Citrus Grove Road and US Hwy. 27.

Mr. Towne then presented an alternative impacts comparison for both the road alignments and the storm water pond locations. He specified that the first alternative road alignment was the most standard corridor, matched with the PD&E, would have the least delay for traffic during construction and did not impact the Duke Energy transmission poles. The second alternative road alignment did impact the properties to the north without significant relief from the parcels to the south. He stated that the third alternative road alignment was probably not the best option due to the issues with left hand turn lanes and it was the least popular alignment from the public comment meetings. He then showed a slide with comparison data of parcels impacted and estimated costs. He noted that the properties to the north of the existing road own a ten foot strip south of the existing roadway and would be impacted with any of the alternative road alignments, with the first alternative having the least impact and the third alternative having the most impact to those properties. He reported that a total of 20 parcels would be impacted with alternative road alignments one and two, and 22 parcels impacted with option three. He noted that estimated construction and right-of-way costs were about the same for all three alternatives with total costs approximately $9,350,000 to $10,700,000. He continued with the storm water pond location comparison reiterating that pond site alternative one had no total property acquisitions and had the possibility of a joint use pond. He stated that alternative pond site two would work, but would have two residential total property acquisitions and that alternative three would take up valuable frontage property, including one commercial total property acquisition. He added that all three ponds would be a dry retention facility with similar acreage and environmental impacts, noting that public opinion preferred option one, and that all three were similar in costs. He concluded that they recommended roadway alternative one, which was all south of the Duke Energy easement, and pond site alternative one, which was at the southeast corner of the intersection of US Hwy. 27. He then displayed a map showing these two options.

Mr. Schneider requested approval of the road alignment one and the pond site one for the Citrus Grove Road Phase III project and approval to proceed with final design, right-of-way acquisition and construction of the project.

Commr. Parks thanked the DRMP team for their detailed presentation and thanked Mr. Schneider for attending all the public meetings. He asked Mr. Schneider to confirm that the city of Minneola was involved in the process and in agreement with this alignment, which he said they were.

Commr. Breeden asked how the project would impact the homes within the limits of construction since it was close to their property.

Mr. Schneider replied that he had met with the homeowners and they preferred the recommended alignment because it allowed them to reconstruct their homes further away from the roadway and that they requested they be given as much notice as possible. He implied that staff would try to get appraisals and property purchases completed earlier in the process so homeowners could get started reconstructing. He reiterated that they have worked with homeowners in other projects and they do their best to be accommodating.

Commr. Blake asked how the residents reacted at the public meetings.

Mr. Schneider responded that the possibility of this road coming was known for many years so it was not sudden news for them. Based on discussions with them, they wanted as much time as possible before they needed to move out and were told that if they did not feel comfortable working directly with County staff, they could hire an attorney to represent them.

Commr. Blake asked how many feet it was from the edge of the road to the construction line.

Mr. Towne replied that it was about 30 feet.

Mr. Schneider added that due to the slope on the properties and how they dip down quickly, staff would continue to discuss with the homeowners how to work with the slope, the design, a possible retaining wall, and would keep them a part of the process.

Commr. Blake opined that he did not like that five houses had to be taken down. He asked if the median needed to be so wide.

Mr. Towne clarified that a 22 feet median was standard and allowed for turn lanes in both directions without realigning the through lanes. He stated that if they eliminated some of the median, it would require realignment of the through lane and would still require enough room for a turn lane and therefore would not change any of the concerns.

Mr. Schneider added that a narrower median was a less safe condition for crossing maneuvers and that the 22 feet provides room for a vehicle to cross safely without having cars stick out into the through lane. He noted that the work they do now would make the road safer 20 years from now when the volume of cars increases.

Commr. Parks asked Mr. Schneider to clarify his earlier comment regarding residents hiring an attorney, noting that this was in the interests of the residents.

Mr. Schneider explained that the County would pay for the resident’s attorney because in an eminent domain process, the attorney is paid by the agency taking the property. It would not cost the homeowner anything but provided them with support and good information to help them.

The Chairman opened the public hearing.

Mr. Randall Baker, with Land Art Landscape Architecture, stated he had been working since 2006 to develop some site plan alternatives with one of the property owners who would be affected by a property acquisition. He commented that the property owner had lived there since 1982 and liked the rural lifestyle. He felt that alternatives two and three were not in the owners best interest as he did not want a four lane highway at his doorstep causing him to lose the rural lifestyle he purchased when he bought his property. He added that the property would lose a septic tank and well system so they would need time to get those approved and rebuilt, even for temporary housing, while they rebuild elsewhere on their land. He noted that the owner also had a garden he would have to relocate. He concluded that all of these were issues that needed time to be resolved and he encouraged the Board to approve alternative one now, so the owner could start working on moving or rebuilding. He also added that since there were no landscaping buffers proposed in any of the concepts, he suggested the Board add funds for a landscape buffer between the road and the properties.

Ms. Celeste Quinn, a resident in the area for 20 years, stated she preferred that the action be approved today because she could not do anything until the County approved a plan. She stated she was in favor of alternative one.

Mr. David Williams, a resident off of Citrus Grove Road, urged the Board to decide and support the plans so he could get his water, septic and power switched.

Ms. Patricia Donahue, a resident off of Citrus Grove Road, asked about the habitat, especially the scrub jays, as they live along the road and would be affected. She indicated that she had even hit one along the road since they fly very low to the ground and close to the road.

Mr. Towne replied that phase two was being done by a developer who would have to address any ecological impacts on their section; however, for phase three, they would do a scrub jay, sand skink and gopher tortoise survey as required by the Florida Fish and Wildlife Conservation Commission (FWC).

Commr. Parks asked Mr. Towne that if they had to do mitigation, purchasing of additional lands that might have the same habitat, as required by state and federal laws, would they seek to have mitigation and purchase land within Lake County.

Mr. Towne replied that if there were approved mitigation lands in Lake County, they would recommend what was closest.

Mr. Baker clarified that the scrub jay Ms. Donahue hit was in front of the owner’s property he represented, and was now in captivity at the Brevard Zoo in Melbourne, Florida. He added that the Florida Scrub Jay Trail received a grant to build an emergency scrub jay facility so they could rescue the next one that might be hit. He reported that Dr. Hillary Swan, from Archbold Biological Station, on their last count, found 57 families of scrub jays in that small area off Citrus Grove Road.

Mr. Joseph Hanratty, an attorney representing one of the residents off Citrus Grove Road, asked when right-of-way acquisitions and appraisals would begin and for information regarding the elevation of the roadway that might cause sloping in the driveways.

Mr. Schneider responded that the driveways would be part of the design process and they would try to accommodate the needs of the property owners, implying that driveways with steep slopes usually stretch far into the owner’s property. He also clarified for some of the previous questions mentioning that owners would be compensated for anything in the right-of-way that was an improvement, like septic tanks, wells, trees, buffers, fences, driveways and structures, so they could then rebuild in another area. He specified in regards to the elevation, that as they constructed the roadway and tried to balance east and west bound lanes, they would have to build up and out from the Duke Energy easement, because most of the properties slope down, so there would be a higher elevation than the current existing ground.

Mr. Towne added that with alternative one, the bike trail would be on top of the existing road. He indicated that once they got past the intersection and the commercial property, the road might be about 10 feet above existing ground but would slowly go down and not be as high as it went to the east, with the end part of the road about 15 feet above existing ground.

Commr. Breeden asked if that would create any flooding or erosion problems for the properties.

Mr. Schneider replied they had not had any problems with the slope they were proposing and that N. Hancock Road was designed by Mr. Towne and his team as well and there had been no problems with erosion or slopes after the recent hurricane. He remarked that this area had the same type of soil and slope as N. Hancock Road and that they would work with the property owners. He added that if owners wanted a wall before the slope, than that would be considered. He indicated that when they contracted with DRMP, they negotiated the fee proposal for the final design so that they did not have to spend additional time negotiating that. If they received approval to move forward with the final design, Mr. Towne would start with the final design of the roadway. He added that they normally wait until 60 percent of the plans are completed before writing legal descriptions, but they could fast track certain items and at 30 percent completion, they could possibly have legal descriptions and appraisals and start to work with the property owners. He summarized that the time frame would be six months to get appraisals, then within a year the properties could be purchased.

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

On a motion by Commr. Parks, seconded by Commr. Campione and carried by a vote of 5-0, the Board unanimously approved the road alignment option one and pond site location one for the Citrus Grove Road Phase III project with approval to proceed with the final design, right-of-way acquisition, and construction of the project.

public hearing – ordinance 2017-49 EXCESSIVE NOISE

Ms. Marsh 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 SETION 14-35, LAKE COUNTY CODE, ENTITILED PROHIBITED ACTIVITIES; PROHIBITING RESIDENTIAL CONSTRUCTION NOISE BETWEEN THE HOURS OF 7:00 PM TO 7:00 AM; 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.

Mr. Travis Maxwell, a resident of John’s Lake Landing in Clermont, commented that he had been working with Commissioner Parks for five months regarding some issues and thanked him for his professionalism. He realized that development was inevitable and he appreciated what was being done to help eliminate construction noise. He shared that there were new development contractors working last night on his street till 8:30 pm and that the first work truck came down his road that morning at 5:28 am and he had seen them working as late as 10:30 pm putting shingles on a roof. He reported that recently on his road a Deputy Sheriff clocked a dump truck, on an early Saturday morning, going high speeds. He asked that the Board also consider including no construction work on governmental holidays and Sundays as some surrounding counties and cities have done.

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

Commr. Parks mentioned he supported the ordinance and understood what Mr. Maxwell was experiencing, stating that this was something that had grown as the economy picked up and he was hearing more complaints. He thought it was reasonable and that they had reached out to the business community builders regarding it. He shared that he personally had seen construction happening on Christmas Day and although not everyone celebrates Christmas, he understood how that could be problematic since Lake County was a family oriented county. He supported the 7:00 pm to 7:00 am and thought they should consider the major holidays as well, and possibly Sundays.

Ms. Marsh noted to the Chairman that if the Board wanted to add that change, it would have to be done in a separate ordinance since they did not advertise that as part of this ordinance. She stated she would draft that change and bring it back to the Board.

The Board decided to compare what other counties had done regarding including federal holidays and would consider several options before deciding.

On a motion by Commr. Parks, seconded by Commr. Breeden and carried by a vote of 5-0, the Board unanimously approved Ordinance 2017-49 amending Section 14-35, Lake County Code, pertaining to activities that are prohibited due to excessive noise generated and changing the hours during which residential construction may occur during the day.

public hearing –LAND DEVELOPMENT REGULATIONS

Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows, stating this was the first hearing and if approved, would come back for adoption at the BCC meeting on October 24, 2017:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMEDNING SECTION 1.08.03; CREATING NEW SECTION 1.08.04 CONCERNING EXISTING LOTS NONCONFORMING TO DENSITY REQUIREMENTS; AMENDING CHAPTER II “DEFINITIONS”; AMENDING SECTION 3.01.00 TO CLARIFY USE OF THE SCHEDULE OF PERMITTED AND CONDITIONAL USES; AMENDING SECTION 3.02.02 TO DELETE REFERENCE TO URBAN AREA RESIDENTIAL DENSITY POINT SYSTEM; REMOVING REFERENCES TO NOTES IN SECTION 3.02.06 TABLE; REPEALING SECTION 3.03.00 “URBAN AREA RESIDENTIAL DENSITY POINT SYSTEM AND TIMELINESS” TO BE CONSISTENT WITH THE 2030 COMPREHENSIVE PLAN; REPEALING AND REPLACING SECTION 3.09.00 TO ESTABLISH NEW LIGHTING STANDARDS; AMENDING SECTION 4.03.01 TO REMOVE REFERENCE TO A REPEALED SECTION; AMENDING SECTION 6.06.05 ON FINANCIAL RESPONSIBILITY REQUIREMENTS IF MEET STATE REQUIREMENTS AND EXEMPTIONS; UPDATING AGENCY NAMES CONTAINED IN SECTION 7.00.05; AMENDING SECTION 10.01.03 “ACCESSORY STRUCTURES THAT ARE DWELLINGS” TO ALLOW ACCESSORY DWELLING UNITS ON PROPERTIES LESS THAN AN ACRE; AMENDING SECTION 10.01.06 “BACKYARD CHICKENS” TO ALLOW CHICKENS WITHIN ALL RESIDENTIAL AND AGRICULTURE ZONING DISTRICTS; CREATING SECTION 13.02.00 TO BE ENTITLED “APPOINTMENT OF ALTERNATE MEMBERS”; AMENDING SECTION 14.00.05 “NOTICE PROCEDURES” TO MODIFY NOTICE REQUIREMENTS; REPEALING SECTION 14.02.04 ON TIMING OF COMPREHENSIVE PLAN AMENDMENTS; AMENDING PORTIONS OF LDR CHAPTER XIV TO REFERENCE DEPARTMENT OF ECONOMIC OPPORTUNITY; AMENDING SECTION 14.15.01 TO AUTHORIZE BOARD OF ADJUSTMENT TO GRANT VARIANCES FOR PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 15.02.06 TO PROHIBIT DIGITAL AND LED SIGNS IN THE CLERMONT JOINT PLANNING AREA AND RESTRICT CHANGING COPY AREA TO EXISTING SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

The Chairman opened the public hearing.

Mr. Don Kehr, a resident off of Shirley Shores Road, commented that as a result of all the development in his area, he would like the Board to consider having developers participate in some of the costs, such as road responsibility cost, eliminating ISBA’s as he felt that was why he was in his situation today, and to review septic standards. He explained that if his septic system failed and his leach field was no longer operating, he opined that the County Health Department would likely say that he could not rebuild his septic, and because of the ISBA, he would have to hook into the sewer system across the street. He further opined that this could potentially cost $10,000 plus a $3,300 impact fee to the city and he would then have to pay taxes to the city and the County plus he would spend additional money each year in water and septic fees. He encouraged the Board to stick to the Comprehensive Plan and just say no to any changes.

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

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 5-0, the Board unanimously approved the second public hearing for the Lake County Land Development regulations amendments to be at the next BCC meeting on October 24, 2017.

other business

appointment to water safety advisory board

On a motion by Commr. Parks, seconded by Commr. Breeden and carried by a vote of 5-0, the Board unanimously approved the appointment of Ms. Cathy Denton, as a representative from the Lake Emergency Medical Services, to the Lake County Water Safety Advisory Board to serve a two year term ending on October 10, 2019; and the reappointment of the following members to the Lake County Water Safety Advisory Board to serve a two year term ending on October 10, 2019: Ms. Ginny Harrison, as a representative with expertise or experience in swim instruction, Ms. Joelle Aboytes, as a representative from the Department of Children and Families, and Ms. Stephanie Daugherty, as a representative from the Department of Health.

reports

County manager

Florida Central Railroad agreement

Mr. Jeff Cole, County Manager, reminded the Board of the agreement established in November 2012 between the Lake County Board of County Commissioners, Florida Central Railroad (FCRR) and the City of Mt. Dora that allowed the County and the City an opportunity to extinguish FCRR’s lease of the property from CSX Transportation and to build a future recreational trail in the rail right-of-way. He reminded the Board that if they were to exercise that option, both the County and the City of Mt. Dora would need to each provide FCRR with a total of $2 million, $1 million from each. Since neither the County nor the city had those funds in their FY 2017-2018 budget, and since the agreement would expire on November 30, 2017, he discussed his desire to send a letter to FCRR regarding extending the current agreement, under the same terms, for an additional 3 years in order to explore options with the City of Mt. Dora. If the FCRR was not willing to extend the current agreement, then he would ask the Board at the October 24, 2017 meeting to allow the agreement to expire and then explore other options for the trail with the City of Mt. Dora. He noted he had discussed all this with the Mt. Dora City Manager and she concurred and was making the same recommendation to her council. He concluded if there were no concerns, her would proceed with that action.

Commr. Campione commented that this was about finding the best location for the best value and if the railroad was not willing to do this, then there were other options available to make that connection from Mr. Dora to the parkway trail.

hurricane irma update

Mr. Cole gave a Hurricane Irma debris update reminding the Board that at the September 26, 2017 BCC meeting, he gave an update on their contract with Crowder Gulf and that since then, Crowder Gulf had continued to increase the trucks and crews in Lake County as resources had become available. He reported that they currently had more than 30 trucks on Lake County roads and had completed about one-third debris removal in the county and cities they have agreement with for debris removal, which included Umatilla, Minneola, Howey-in-the-Hills and Clermont. He reported that this was roughly about 90,000 cubic yards of the 300,000 cubic yards of the estimated vegetative debris that was there and this represented combined efforts of the contracted residential haulers, public works staff, other County staff and the public. He stated they were continuing to waive fees at the landfill and the two convenience centers and were continuing to focus on getting their message to the public. He explained that they would be posting a map showing the areas where debris was already collected and areas where they would still be picking up and that they would be activating a phone number in the near future for the public to report debris not yet collected.

Commr. Campione indicated that she thought there was a problem with the County’s regular haulers and that they might not be picking up regular yard debris because they were assuming it was hurricane debris. She mentioned that she continued to receive complaints from residents in her district who were not having their regular yard waste picked up and that the haulers were not answering calls from the residents. She added that any help that staff could provide to get with the haulers and improve communication would help to get this rectified.

Mr. Cole replied that his office was also getting the same calls in reference to residential haulers and the landscape debris as well as regular trash. He clarified that some of that was impacted due to impassable roads and power lines but that there were some missed pickups. He said that in any of the cases where the County was notified, Ms. Mary Hamilton, Environmental Services Manager, and her team were in touch with the haulers to insure those pickups occurred. He encouraged the public to continue to notify staff anytime, within a day, that their debris or regular trash did not get picked up so they could address it quickly.

reports – commissioner parks – district 2

National Night Out

Commr. Parks commented he attended the National Night Out, a great event in Clermont the previous week.

puerto rico residents to central florida

Commr. Parks expressed his concern and desire for discussion around the number of individuals being displaced from Puerto Rico due to Hurricane Maria and the affects it would have on Lake County, stating they could have a million people coming to Central Florida. He reported that Dr. Alan Holden, with The United Way of Lake and Sumter Counties, would be conducting a discussion on this at the Clermont library at 10:00 AM that coming Friday, October 13, 2017. He thanked Dr. Holden for facilitating that discussion and remarked that he planned to attend.

reports – commissioner breeden – district 3

ride along with sheriff

Commr. Breeden mentioned she did a ride along with Sheriff Deputy Galbreath and commented how impressed she was with Deputy Galbreath’s knowledge of the community and the residents.

shirley shores

Commr. Breeden reported she had another meeting with Mr. Crawford regarding the Shirley Shores area and that it seemed they had made some good progress in coming to agreements with the developer and the residents.

reports – commissioner campione – district 4

letter to catherine hanson

Commr. Campione expressed her desire to take a letter, signed by the Board to the celebration honoring Ms. Catherine Hanson that coming Sunday at Sorrento Elementary School. She then read the letter to the Board.

shirley shores

Commr. Campione expressed her support of the right-of-way on Shirley Shores Road and asked the Board to not grant driveway permits to the extent the developer was requesting as it did not keep with the character of that area, was not compatible and would create problems in the area. She encouraged Tavares to incorporate the position articulated in the Board’s public works letter that they had sent to Tavares. She indicated that until the adjourning property owners and the developer came to an agreement, that the Board should take a firm stance in their position.

Commr. Breeden stated they had some other meetings in which residents had concerns with the 25 feet setbacks and that those had been adjusted to 75-100 feet. She asked Mr. Kehr to speak since he had concerns he mentioned earlier in the meeting.

Mr. Kehr remarked that it was important to have people who make the decisions understand what the issues were and that he appreciated the Commissioners comments. He said the residents had a meeting planned the next night with Mr. Crawford and his team and that they had made some concessions, although not completely what the residents wanted. He stated that their goal was to obtain an agreement with Mr. Crawford before they returned to the Board and indicated that they had a plan to use the leverage with the road to shift the density along Shirley Shores Road, making it more compatible with what was across the street and would then create four driveways.

hiawatha preserve boat ramp

Commr. Campione stated she met with residents in the Lake Minneola Shores road area, along S.R. 561 where the proposed boat ramp was across from the Hiawatha Preserve, and she opined how the right-of-way was a critical part of the equation and that the city should consider another location that was better.

Mr. Cole provided an update stating that he and Mr. Bobby Bonilla, Lake County Parks and Trails Division Manager, met with the City of Clermont, whose City Manager indicated verbally that they had abandoned the sight at the Hiawatha Preserve and were looking at other options.

Commr. Campione asked for clarification that any transfers of right-of-way maintenance would always come back to the Board.

Ms. Marsh responded that transfers had to be done through Interlocal Agreement and had to be approved by both jurisdictions.

Commr. Parks added that there was a management plan that required approval from the State as well in order to change the preserve from passive to active.

Mr. Cole clarified that any changes to the Hiawatha Preserve had to come back to the Board per their agreement with the City of Clermont.

reports - commissioner blake – district 5

bassville park

Commr. Blake thanked Commr. Breeden for hosting the Bassville Park meeting.

Astor flooding

Commr. Blake reported that he had received calls from Astor residents who were still experiencing flooding situations and wanted the Board to be aware that area was still an ongoing disaster area. He shared an example of a campground owner who still had 80 percent of his campground under water and that the Astor area was coming into the time of year when they make most of their money from retirees coming down, staying in campsites, going to restaurants and contributing to the Astor economy.

Commr. Campione asked if there was anything that could be done to help.

Mr. Robert Chandler, Director of Economic Growth, shared that for the business side, his department was setting up at the Astor Chamber of Commerce for half a day so that Astor businesses could obtain what they needed for hurricane recovery relief, such as loans, unemployment assistance, etc.

Mr. Cole added that through the funding the Board gave to LASER (Lake and Sumter Emergency Recovery), they were providing support in the Astor area as well.

Commr. Campione shared a story about a resident having issues with their roof and that LASER went out and helped. She stated she was thankful and impressed with LASER being able to help and the work they did.

hurricane debris

Commr. Blake commented that he had received calls from residents who lived on private roads regarding their storm debris pickup and that he had been referring them to Ms. Hamilton’s office, assuming they would sign the necessary waivers for them to be able to help.

Mr. Cole responded that currently staff was reaching out to private communities to ensure that the proper forms were executed and encouraged the Board to continue forwarding the resident’s calls and email to Ms. Hamilton, copying himself and Mr. Kristian Swenson, and he would make sure there was follow up with them.

Commr. Campione remarked that it was harder to get the word out to residents on private, non-maintained roads.

Mr. Cole replied that was the case and that in some cases they were going door to door.

Commr. Sullivan asked if that applied to private roads within subdivisions.

Mr. Cole responded that the private roads in the subdivisions were the easier locations because they could go to the homeowners association. He added that since the homeowners associations only have meetings occasionally that it was labor intensive to get the forms executed but that they were working on that.

reports - commissioner sullivan – chairman and district 1

jpa and isba process

Commr. Sullivan indicated that due to Joint Planning Agreements (JPA) and road transfers coming up as issues more consistently, he would get with the County Manager to make the JPA’s process more effective. He explained how Shirley Shores was a good example of a County road that was being affected and that he wanted to make sure the process adheres to the Board’s rules and regulations.

Commr. Parks stated he was supportive of that and opined that most people do not think that the JPA and ISBA process works well in its current state. He asked that it include how they get residents involved in the process.

Commr. Sullivan added that ISBA’s should be a part of that too and that it was often more than one municipality and that staff needed a good policy to follow.

Commr. Campione remarked that there was the planning side that dealt with land regulations and having consistency and recognizing each other’s rules and regulations but there was also the element of providing services like public safety, law enforcement and roads. She thought it was a great idea and that the Board should make a list of all the issues that they had encountered and do a workshop to correct it.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:18 p.m.

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timothy i. sullivan, chairman

ATTEST:

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NEIL KELLY, CLERK