A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
December 18, 2018
The Lake County Board of County Commissioners met in regular session on Tuesday, December 18, 2018 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: Leslie Campione, Chairman; Wendy Breeden, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer, County Finance; and Josh Pearson, Deputy Clerk, Board Support.
INVOCATION and pledge
Pastor John Blake from Good News Church gave the Invocation and Commissioner Campione led the Pledge of Allegiance.
Minutes approval
On a motion by Commr. Breeden, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 23, 2018 (Regular Meeting).
Agenda update
Mr. Jeff Cole, County Manager, said that since the agenda was first published, staff added Tab 31 as an addendum to the Office of Management and Budget’s consent agenda requests. He added that the agenda originally had Tab 31 as the closed session and that the closed session was now Tab 32.
citizen question and comment period
Councilman Allan Hartle, with the Town of Montverde, wished everyone a Merry Christmas, especially to the first responders and military personnel who may not be home for the holidays. He encouraged the county to thank these individuals for volunteering for their positions.
Commr. Campione said that she appreciated his comments and that the county should consider them.
Commr. Sullivan thanked him for the sentiment and mentioned the Wreaths Across America program. He remarked that any action to honor veterans and first responders during the holidays would make a significant difference.
employee awards
Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:
FIVE YEARS
Kimberly
Haskins, Financial Analyst
Agency for
Economic Prosperity
Shane
Helton, Firefighter/ EMT (not present)
Office of
Fire Rescue
Austin
Hoffman, Firefighter/ Paramedic (not present)
Office of
Fire Rescue
Keith Lee,
Equipment Operator I
Public Works
Department – Maintenance Area III (Umatilla)
Justin
Walker, Biological Associate
Public Works
Department – Mosquito Management
FIFTEEN
YEARS
Jenny Born,
Office Associate IV (not present)
Office of
Parks & Trails
TWENTY YEARS
Steve Earls, Department Director
Information Technology Department
RETIRING
Denise Haynes, Office Associate III (20 Years & Retiring)
Public Works Department – Maintenance Area II (Minneola)
Joan Pell, Office Associate IV (30 Years & Retiring)
Community Services Department – Health & Human Services Division
Craig Scott, Mosquito & Aquatic Plant Program Manager (not present)
Public Works Department – Mosquito Management
Deborah Tinis, Financial Coordinator (not present)
Public Works Department – Environmental Services Division
retirement
Ms. Nelson said that Ms. Denise Haynes began her career with Lake County on November 9, 1998, and was an Office Associate III with the Public Works Department.
Ms. Lori Koontz, Road Operations Division Manager, said that Ms. Haynes began as an Equipment Operator I in the Road Operations Division of the Public Works Department, and later became an Equipment Operator II and an Equipment Operator III. She stated that in January 2006, Ms. Haynes transitioned into an Office Associate II, and later into an Office Associate III in October 2016. She commented that Ms. Haynes was married with three children and eleven grandchildren, was very family oriented and enjoyed fishing. She added that after retiring, Ms. Haynes planned to enjoy more fishing and spending time with her family. She thanked Ms. Haynes for her 20 years of service to the citizens of Lake County and congratulated her for her retirement.
Ms. Nelson remarked that Ms. Joan Pell began her career with Lake County on December 30, 1988 and was an Office Associate IV with the Community Services Department.
Ms. Allison Thall, Health and Human Services Division Manager, recognized Ms. Pell for her 30 years of service to Lake County and her retirement. She stated that Ms. Pell began her career as a Clerical Assistant in the Purchasing Department, and was quickly reclassified to a Buyer Contracting Officer, which she held for 10 years. She said that in March 2000, Ms. Pell served as an Administrative Associate for the Geographic Information System (GIS) Department where she assisted in the creation of the GIS Addressing Database which consisted of over 182,000 records. She commented that Ms. Pell’s aptitude earned her a promotion to an Addressing Technician for the GIS Department and that 12 years later, Ms. Pell joined the Community Services Department as an Office Associate IV for the Health and Human Services Division. She said that Ms. Pell had been recognized as employee of the quarter for being the epitome of outstanding customer service and dedication to Lake County. She stated that Ms. Pell was as devoted to the residents as she was to the families she served. She remarked that Ms. Pell provided excellent leadership, established an environment of enjoyment and accomplishment, and was an ethical and professional leader who communicated with all members of the office to help ensure total success with their clients. She commented that Ms. Pell would be greatly missed and that the office wished her tremendous joy in her retirement knowing that she would be spending more time in the State of Tennessee with her family. She thanked Ms. Pell for her 30 years of service with the County and congratulated her on her retirement.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Circuit Court and Comptroller’s Consent Agenda, Item 1, 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.
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 3 through 25, including Tab 31, as follows:
COUNTY ATTORNEY
Request approval:
1. Of a Settlement Agreement with the Yacht Club at Lake Susan, LLC, located in Clermont.
2. For the County Attorney, or designee, to file a joint motion and subsequent pleadings concerning approval of the Settlement Agreement by the Circuit Court, pursuant to the process set forth in the Bert J. Harris, Jr., Private Property Rights Protection Act.
The fiscal impact is $400.00 (expenditure). Commission District 2.
Request approval for the County Attorney, or designee, to execute the Stipulated Final Judgment in Court Case No. 2017-CA-1922, Lake County vs. Jody Lee and Michael Chapman, et al., (Parcel Number: FP-82) for needed right of way on the CR 466A Road Project, Phase 3B. The fiscal impact is $10,600.00 (expenditure - Total Settlement of $19,250.00 less $8,650.00, which was previously deposited with the Court per the Stipulated Order of Taking). Commission District 5.
Request approval for the County Attorney, or designee, to execute the Stipulated Order of Taking and Final Judgment in Court Case No. 2018-CA-1965, Lake County vs. Kimberly Arning Cook f/k/a Kimberly E. Adams-Arning a/k/a Kimberly E. Arning, et al., (Parcel Number: CG-09) for the needed right of way on the Citrus Grove Road Project. The total fiscal impact is $421,000.00 (Expenditure). Commission District 2.
Request approval for the County Attorney, or designee, to execute the Stipulated Order of Taking and Final Judgment in Court Case No. 2018-CA-1964, Lake County vs. David L. Williams and Linda Safranek Williams, et al., (Parcel Number: CG-10) for the needed right of way on the Citrus Grove Road Project. The total fiscal impact is $442,000.00 (expenditure). Commission District 2.
Request approval of a waiver of conflict from the law firm of Mateer & Harbert, P.A. for their representation of David L. Williams and Linda Safranek Williams in connection with an eminent domain action concerning the Citrus Grove Road Project, and authorization for the Chairman to execute any requested acknowledgment and agreement. There is no fiscal impact.
Request approval for the County Manager and County Attorney to review and execute Lake County Housing Initiative Partnership and/or Community Development Block Grant Mortgage Modifications, and approval of a Mortgage Modification and Spreader Agreement for Ruby Jean Gall to encumber a third lot that was not included in the original Mortgage and Security Agreement. There is no fiscal impact. Commission District 5.
Request approval of:
1. A waiver of conflict for the law firm of Brionez + Brionez, P.A. for their representation of the Lake County Tax Collector in eminent domain actions concerning the Citrus Grove Road Project and future road projects by Lake County.
2. Authorization for the Chairman to execute any requested acknowledgment and agreement.
There is no fiscal impact.
MANAGEMENT AND BUDGET
Request approval of the Lake County Sheriff's Office request for Resolution 2018-169 to amend the Fiscal Year 2019 General Fund budget for unanticipated revenue from the Lake County School Board to provide funding for additional School Resource Officers for the 2018-2019 school year from August 13, 2018, through May 24, 2019. The fiscal impact is $390,074.00 (revenue/expenditure).
Request approval of a Direct Pay for Microsoft Surface computers, docking stations and pens purchased by the Public Defender's Office. The fiscal impact is $29,830.21 (expenditure).
Request approval to designate signature authority for amendments to the Hurricane Irma Subgrant Agreement to the Office of Management and Budget Director. There is no fiscal impact.
PUBLIC SAFETY AND COMPLIANCE
Planning and Zoning
Request approval to advertise an ordinance to amend Appendix E, Lake County Land Development Regulations Section 9.01.00 "Landscaping Standards" and Section 9.02.00 "Tree Protection" by exempting developed single family lots from needing a tree removal permit. The estimated annual fiscal impact is $5,600.00 (lost revenue from tree removal permit applications).
Request approval of a Settlement Agreement between the Florida Department of Economic Opportunity, Rubin Groves of Clermont, LLC and Lake County. There is no fiscal impact. Commission District 1.
Public Safety
Request approval to apply for and accept funding from a Florida Department of Health Emergency Medical Services 75/25 Matching Grant to expand rural transport service by adding an ambulance at Fire Station 15 (Pine Lakes); authorization of any necessary budget adjustments; and authorization for the County Manager to execute any necessary grant documents. The fiscal impact is $182,039.00 ($136,529.25 in grant revenue/expense and $45,509.75 in matching expense). Commission District 5.
Request approval to award Contract 19-0905 to Central Florida Site Pros, Inc. (Oxford, FL) for improvements at Fire Station No. 54, located in Lady Lake. The fiscal impact is $117,038.00 (expenditure). Commission District 5.
Request approval of the reassignment of the LYTX, Inc. F/K/A Drivecam, Inc. agreement from Lake Emergency Medical Services to the Lake County Board of County Commissioners. There is no additional fiscal impact from this action.
INFRASTRUCTURE AND INTERNAL SUPPORT SERVICES
Fleet Management
Request approval of a Settlement Agreement between the State of Florida Department of Health, Lake County Health Department and Lake County Board of County Commissioners for a partial balance to be paid by the Lake County Health Department in fiscal year 2019 for Health Department fleet maintenance and fuel services performed by the County. The fiscal impact is $5,304.30 (revenue).
Public Works
Request approval to execute Resolution 2018-170 to advertise a Public Hearing to vacate portions of rights of way in the plat of Groveland Farms, which is north of Ott Williams Road and south of Laws Road, near Clermont. The fiscal impact is $2,295.00 (revenue - vacation application fee). Commission District 1.
Request approval to advertise an Ordinance amending Section 22-37, Lake County Code, creating additional transportation impact fee categories with new or adjusted rates in all impact fee benefit districts. The fiscal impact cannot be determined at this time.
Request approval of Resolution 2018-171 to reduce the speed limit from 30 MPH to 25 MPH on Greater Groves Boulevard, in the Clermont area. The fiscal impact is $200.00 (expenditure - sign materials). Commission District 1.
Request approval of Resolution 2018-172 authorizing the installation of a stop sign on Westland Road at the intersection of Gertrude Place in the Mt. Dora area. The fiscal impact is $100.00 (expenditure - sign materials). Commission District 4.
Request approval for the Chairman to submit a letter to the Florida Department of Agriculture and Consumer Services acknowledging the retirement of Craig Scott and recommending Lake County Entomologist/Supervisor Russell Cheatham as the Mosquito Control Program Manager. There is no fiscal impact.
Request approval of Contract 19-0410 with Pipe Vision and Vac, LLC (Winter Park, FL) for storm drain system cleaning and video inspection, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $50,000.00 (expenditure).
COMMUNITY AND TECHNICAL SUPPORT SERVICE
Information Technology
Request approval to utilize Advanced Communication Solutions (Lake Mary, FL) for software services and hardware purchases in support of the County’s NEC-based telecommunication systems. The estimated fiscal year (FY) 2019 impact is $150,000.00 (expenditure for software assurance, hardware updates, and new systems), and the estimated FY 2020 impact is $130,000.00 (expenditure of $30,000.00 for software renewals and $100,000.00 for new hardware purchases).
Parks and Trails
Request approval of Contract 19-0411 to Faithworks Total Ground Maintenance (Mt. Dora, FL) for cemetery landscape maintenance and related services, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $55,640.00 (expenditure).
public hearings: REZONING
rezoning consent agenda
Mr. Tim McClendon, Director for the Office of Planning and Zoning, displayed the advertisements for that day’s rezoning cases on the overhead monitor in accordance with the Florida Statutes. He said that the consent agenda was comprised of Tabs 1 through 3, and staff’s request was to find the Planning and Zoning Board’s recommendations to be consistent with the Comprehensive Plan (Comp Plan) and to approve these cases. He noted that the applicant for Tab 4 had requested a continuance until the January 2019 Planning and Zoning public hearing.
Commr. Campione asked if Tab 4 would be automatically continued.
Mr. McClendon replied that it had been requested and that the Board would need to motion for it to be continued.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding any cases on the Rezoning Consent Agenda, the Chairman closed the public hearing.
Commr. Campione said that she would need to recuse herself from voting to continue Tab 4.
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 3, as follows:
Tab 1. Ordinance No. 2018-59
Rezoning Case # RZ-18-19-1
Garcia Property
Rezone approximately 22.63 +/- acres from Rural Residential (R-1) to Agriculture (A).
Tab 2. Ordinance No. 2018-60
Rezoning Case # CUP-18-07-5
LMS Boarding Stable
Conditional Use Permit to allow a riding stable for horse boarding on approximately 33.71 acres of Agriculture (A) zoned property.
Tab 3. Ordinance No. 2018-61
Rezoning Case # RZ-18-16-4
Elders of Mount Dora ALF/CFD Rezoning
Rezone approximately 3.78 +/- acres from Agriculture (A) to Community Facility District (CFD) to allow an Assisted Living Facility.
On a motion by Commr. Sullivan, seconded by Commr. Breeden and carried by a vote of 4-0, the Board continued Tab 4, Rezoning Case #RZ-18-18-4, Windy Ridge Subdivision Rezoning, to the January 2019 Planning and Zoning public hearing.
Commr. Campione recused herself from the vote.
regular agenda
ordinance for nonconforming lots & impervious surface ratio
Mr. McClendon presented a proposed amendment to rectify impervious surface ratio (ISR) inconsistencies between the Comp Plan and the Land Development Regulations (LDRs). He said that ISR was defined in the LDRs as “a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-pervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.” He commented that there were specific ISR standards within the Comp Plan and every future land use category (FLUC), and he gave the example of the Urban Low FLUC as requiring 60 percent ISR. He explained that this would mean that up to 60 percent of a lot may be covered with impervious surface, and he stated that there were specific ISR standards contained within the LDRs for every zoning district. He provided an example that for the Urban Residential (R-6) zoning district, up to 55 percent of a lot can consist of impervious surfaces. He said that during daily permitting, staff had experienced a number of inconsistencies between the FLUC and the zoning district of a parcel. He added that these inconsistencies were creating significant hardships for nonconforming lots throughout the county. He remarked that for a typical one-quarter acre residential lot with an Urban Low FLUC and which was zoned Agriculture, the resident would have to utilize the Agriculture zoning ISR of 10 percent instead of the 60 percent ISR for the Urban Low FLUC. He said that when attempting to construct a home on a one-quarter acre lot, the maximum amount of impervious surface which could be placed on the lot would be approximately 1,100 square feet, and the only viable solutions would be to construct a smaller house, to obtain a variance, or to rezone the property. He said in the previous year, staff processed over 10 applications concerning this specific ISR provision and the mentioned inconsistencies. He stated that multiple variance requests for a single regulatory piece of code could suggest that the code should be revisited to find available solutions. He explained that the proposed ordinance would seek to remedy the inconsistencies by utilizing the setback requirements of the zoning district which the lot was most similar to. He provided an example of an Agriculture zoned lot of just above one acre being allowed to use the Rural Residential (R-1) setbacks due to the R-1 zoning district most closely resembling one dwelling unit per one acre. He added that the ordinance would also allow lots which were created prior to the adoption of the Comp Plan to utilize the ISR requirements of the zoning district which they most closely match, and he gave an example of a 16,000 square foot lot zoned Agriculture being able to utilize the Medium Residential (R-3) zoning designation. He said that staff was also proposing to increase the R-3 and Medium Suburban (R-4) zoning designation ISR to 55 percent. He said that with the way the R-3 and R-4 zoning district work with the Urban Low FLUC, both identify as four dwelling units per acre and that this would solve an inconsistency between the zoning districts and the Urban Low FLUC. He said that the staff analysis included that no ISR would be able to exceed the maximum FLUC designation and he reiterated that over 10 variance applications had been approved in the previous year due to this inconsistency. He commented that with this amendment, the variances would no longer be required and that the process, which typically required 60 to 90 days, could now be done in minutes. He provided an example of the effect of this amendment by indicating that the Windy Ridge subdivision, which had been platted in 2004 and had an R-3 zoning designation, would be able to utilize that zoning designation across the entire property for a higher ISR without having to obtain a variance or rezoning the property. He relayed that the Planning and Zoning Board recommended approval of this ordinance on November 28, 2018, and staff’s request was for approval to advertise the ordinance to amend Appendix E, Lake County Land Development Regulations, Section 1.08.03 and 3.02.06 to revise ISR inconsistencies that exist between the Lake County Comprehensive Plan and Land Development Regulations.
Commr. Parks asked to confirm that this request would increase consistency and that changing the ISR requirements would not affect stormwater permitting from the state or water management.
Mr. McClendon said that this was correct and that all projects were designed at the maximum ISR in the Comp Plan. He confirmed that stormwater permits would still have to be obtained through the state.
Commr. Campione asked if she would need to recuse herself from the vote since the advertised ordinance would apply countywide, and Ms. Marsh replied that recusal would not be necessary.
On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to advertise an ordinance to amend Appendix E, Lake County Land Development Regulations, Section 1.08.03 and 3.02.06 to revise ISR inconsistencies that exist between the Lake County Comprehensive Plan and Land Development Regulations.
OTHER BUSINESS
appointments to the tourist development council
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Resolution 2018-173 appointing Mr. Kevin Jowett, as a Resident Involved in the Tourist Industry, and Commissioner Chris Bell, as an Elected Municipal Representative, and reappointing Councilmember Diane Travis, as an Elected Municipal Representative, to the Tourist Development Council to serve four-year terms beginning on December 1, 2018, and approved a waiver of potential ethical conflict for Mr. Jowett.
appointments to the mpo community advisory committee
Mr. Cole said that in the Board’s packet, there were current members who were part of the existing Citizen’s Advisory Committee (CAC) or the Bicycle and Pedestrian Advisory Committee (BPAC). He explained that those committees would end and that the new Community Advisory Committee would be created. He noted that there were also seven individuals listed who had expressed interest in serving on the new committee, though the current CAC and BPAC members might still be interested in serving as well. He said that staff had contacted the Lake-Sumter Metropolitan Planning Organization (MPO) to confirm if any of the current members would accept an appointment, and it was staff’s understanding that they would.
Commr. Campione said that Mr. Mike Stephens had served some time on the BPAC and that those were the types of people that should be on the new committee. She expressed a desire to confirm if the existing members would continue to serve, and she noted that there were only five slots for the new committee. She stated that there were some challenges with gathering all of the members for meetings and that it would be beneficial to have them on the committee, even if some members were considered alternate members. She suggested either contacting the Lake-Sumter MPO about expanding the committee, or appointing five members at the current meeting along with alternate members.
Commr. Breeden asked if there would be more than five members on the combined committee. She said that for Commission District 3, she had appointed Mr. Greg Lewis to the BPAC and that he was interested in serving on the new committee.
Commr. Campione noted that the member cities would have appointments as well.
Mr. Cole recommended making the desired appointments at the current meeting, and adjustments could be made at a later date. He said that the primary concern was appointing five members prior to the committee’s first meeting in January 2019. He stated that the BCC’s next meeting was on January 15, 2019 and that the committee’s first meeting may occur before this.
Commr. Campione asked if the BCC could appoint five members and recommend additional slots or alternate members for the Lake-Sumter MPO Executive Director to accommodate.
Ms. Melanie Marsh, County Attorney, replied that the Board should be able to do this and that the ordinance could be adjusted and brought back. She added that any adjustments made to the committee would have to be taken to the Lake-Sumter MPO, rather than the BCC.
Commr. Parks remarked that appointing only five members at the current meeting could be challenging because of the existing members and opined that the committee should be expanded. He commented that the BPAC had between eight and ten members who would meet regularly and that the intent for the new committee was to gather members from both the BPAC and the CAC.
Mr. Cole clarified that the Board would be selecting five members between the group which was currently serving and the group which had expressed interest in serving. He noted that the first group had not indicated that they would be unwilling to serve on the new committee. He also noted that the Board’s appointments did not have to be district specific.
Commr. Sullivan said that the new committee was intended to be of a significant size and that there had been the idea to move the meetings throughout the county. He added that the North, South, and Northwest Lake Task Forces had plans for reestablishment and that there would be ample opportunity to appoint individuals.
Ms. Marsh said that the meetings would be public and that individuals who are not appointed would still be able to participate.
Mr. Cole stated that another option would be to make the appointments which the Commissioners were certain of in order to seat them before the new year begins, and staff could return later with recommendations and clarification on the other appointments.
Commr. Campione asked if the Board wanted to move forward on appointing any of the interested applicants who were not already serving on either committee.
Commr. Blake opined that Mr. Daniel Chancellor should serve on the new committee.
Commr. Parks stated that he supported Mr. Garrett Pacquette and Mr. Matthew Silbernagel from Commission District 2. He suggested appointing Mr. Pacquette immediately and exploring the possibility of adding more members. He also expressed a concern that members who were not appointed might believe that the Board had a lack of interest in their service.
Commr. Campione agreed that the Board did not want to give any potential members an impression that their participation was not desired.
Mr. Cole proposed another alternative to not make any appointments at the current meeting. He said that staff would then inform the members that clarification was being sought and that they would be welcome to attend the first committee meeting if it would precede the BCC’s first January 2019 meeting.
Commr. Campione expressed support for this idea and said that the members would be invited while the BCC would pursue a resolution from the Lake-Sumter MPO which would allow for more inclusivity.
Commr. Sullivan commented that by limiting the committee to five members, some of the existing members would be excluded.
Commr. Campione remarked that this item could be brought back at the next BCC meeting depending on the discussion with the Lake-Sumter MPO, and changes to the ordinance could be made if necessary.
presentation from the lake county water authority
Mr. Mike Perry, Executive Director for the Lake County Water Authority, said that he would be discussing lake levels, groundwater, and other events since Hurricane Irma. He stated that all of the lakes, rivers, streams and groundwater were driven by rainfall due to there being very few springs in Lake County, and noted that a lack of rainfall would cause these water levels to lower. He displayed a graph indicating that the rainfall over the previous year was slightly below average and that since 2004, there were only three or four years which had above average rainfall. He showed a chart showing the rainfall over the past few years and noted that there was significant rainfall in June 2017 and that Hurricane Irma also generated considerable rainfall. He commented that this was based on five rainfall gauges throughout the county, and he mentioned that in 2018, there was ample rainfall throughout both the wet and dry seasons, though there was no hurricane to create an excessive amount of rain. He explained that the five rain gauges were distributed north to south in the county and that the rainfall for a single gauge could be negative in one year and positive in the next year. He said that historically, there had been tropical activity to help raise the lake levels, though there had not been much tropical activity from 2004 to 2015.
Commr. Breeden asked about the location of the rainfall gauges near Brown Shinn Road, County Road (C.R.) 474, Villa City and M-1.
Mr. Perry replied that Brown Shinn Road was near Polk County, that C.R. 474 was around the Four Corners area, that Villa City was near the City of Groveland, and that M-1 was near Okahumpka. He added that the Emeralda Marsh rainfall gauge was located in the City of Tavares and was the furthest north gauge. He then showed a chart showing the running averages for rainfall, pointing out that there were significant differences between the different rainfall gauges. He also displayed a map with data from the St. Johns River Water Management District (SJRWMD) and noted different amounts of rainfall throughout the county. He specified that the center of the SJRWMD and the northern portion of the county experienced excess rainfall in the past year, while the central area of the county was closer to status quo. He showed another map showing the potentiometric surface for the groundwater levels, noting that there had been increases in groundwater levels generally throughout the central portion of the SJRWMD, northern Lake County, and some areas in South Lake. He showed a graph displaying water levels from a well near Lake Yale with monthly averages, and he said that toward the end of the summer, the county was approaching 20 year highs for groundwater despite a lack of tropical activity. He stated that the high amount of groundwater was unable to percolate into the ground and that this generated a significant amount of standing water throughout the county. He stated that to control water levels in the Harris Chain of Lakes, the SJRWMD operated flood control structures to protect the water levels from flooding there. He specified that the structures were designed to release water, and he added that Lake Apopka’s water level was controlled by the Apopka-Beauclair Lock & Dam. He commented that Lakes Beauclair, Dora, Eustis and Harris were all controlled by the Burrell spillway, and that Lake Griffin was controlled by the Moss Bluff spillway. He said that the SJRWMD could control water levels by allowing water to flow through those systems, and they were operated based on a schedule for water levels which had different target levels throughout the seasons. He displayed a chart with water levels for Lake Apopka as of December 17, 2018, along with its spillway discharges. He noted that Lake Apopka’s water level reflected the rainfall which was experienced during the previous weekend and that the lake was nearly at its regulatory schedule for water. He also displayed graphs pertaining to Lake Apopka and noted that during the summer, the lake was generally above the regulatory schedule. He commented that the spillway discharges were through the Nutrient Reduction Facility (NuRF) and that there was a significant amount of water which had to be released to prepare for potential hurricanes. He showed charts displaying the recent lake levels for Lakes Dora, Eustis and Harris and highlighted that the rainfall from the previous weekend raised Lake Dora’s water level above the regulatory schedule, and the levels for Lakes Eustis and Harris were either at the regulatory level or slightly above it.
Commr. Campione asked that when considering the stormwater improvements which had been adopted over the last few decades, is there a change in the water quality when lake levels rise rapidly due to causes such as significant storms.
Mr. Perry responded that the water quality was generally better due to the stormwater treatment systems. He said that within a lake, dilution would occur with significant rainfall amounts.
Commr. Campione inquired if the quality numbers in Lake Apopka would be better if the lake was diluted.
Mr. Perry stated that when lake levels are higher in Lake Apopka, there would not be a contribution from the suspended sediments at the lake’s bottom coming up into the water column. He confirmed that a higher water level would contribute to better water quality there; however, there were state regulatory schedules for the water levels there which would prevent maintaining a high lake level. He continued his presentation by displaying data for the past year for Lakes Eustis, Harris and Dora, commenting that Lake Dora’s water level was above the regulatory schedule. He elaborated that there were attempts to move water out of the lake, though there were constrictions with the Dora Canal which slowed this process. He said that the other lakes were around the regulatory schedule and he noted that there had been discharges through the Burrell Dam and the Harris Bayou to provide additional flood protection. He showed data for Lake Griffin, which had experienced nearly 2.7 inches of rain on the previous weekend, and noted that this lake’s water level had been below the regulatory schedule since late August 2018 and that the recent rainfall had been positive for the lake. He displayed a graph for Lake Minnehaha, noting that there was a regulatory range of 96 to 97.5 feet and that the previous weekend’s rainfall had raised the lake levels to 96.9 feet. He showed a chart with lake levels for Lake Minnehaha over the past six months and said that there was considerable rainfall and groundwater levels over the previous summer, though the lake was still in the regulatory range at 97.4 feet and did not exceed it over that time period; additionally, Lake Minnehaha was currently at a lower water level than in the same time in the previous year. He commented that following Hurricane Irma, efforts were still being made in late 2017 to move water out of the lake. He stated that there was also a significant amount of rainfall in late 2014 which had raised the lake levels and that since then, there had been a seasonal lowering of the lake based on dry conditions. He remarked that the rainfall from Hurricane Irma raised the lake levels slightly above the regulatory schedule for a few weeks and that the levels were able to be adequately lowered. He also displayed data for Lake Minnehaha’s water levels over the past 17 years and noted that they were highest in 2002. He then showed a period of record for Lake Minnehaha and said that the water levels there had generally been below the current levels. He added that water level issues in Lake County generally concerned keeping water in the lakes and this was what the Lake County Water Authority (LCWA) had been attempting to do in South Lake. He explained that the structures on the Palatlakaha River were only constructed to hold water in the system and that this was due to concerns about low water levels in South Lake. He also said that the Clermont Chain of Lakes was driven by the flow from Big and Little Creeks into Lake Louisa. He displayed a chart with the rivers’ flows since 2015, pointing out significant flows during Hurricane Irma, and noted that in the current year, the greatest amount of rain and water flow through the creeks was in August. He stated that currently, there was 34 cubic feet per second moving from Big and Little Creeks and that during the summer, the flow can be as low as one cubic foot per second of water flowing to the Clermont Chain of Lakes. He said that residents in the Emerald Lakes community had voiced significant concerns when the surrounding lake levels had risen and opined that that the community had been constructed too low. He relayed that there were idle speed and speed zone restrictions when the nearby Lake Palatlahaka rises above 97 feet, and he opined that there was not an overall community interest in South Lake to lower the lake levels. He said that the latest hurricane season had ended and that the lakes would have an opportunity to dry out; however, according to the National Weather Service, there were currently El Nino conditions. He elaborated that during the winter, temperatures in the central and western areas of the United States would be warmer than usual and that higher than average rainfall was forecasted for Central Florida in winter 2018; furthermore, the Farmer’s Almanac was also forecasting wet conditions for the State of Florida.
Commr. Campione left the meeting at 10:03 a.m. Commissioner Breeden chaired the remainder of the meeting.
Commr. Sullivan asked if there were any other significant issues which were foreseen. He mentioned that the structures on the Palatlakaha River were unlike other water control structures, and he commented that there had been issues with vegetation on the lakes.
Mr. Perry replied that the hydrilla vegetation was undesired and that the LCWA had discussed the issue with legislative delegation members in an attempt to find additional funding for treatments in the current year or in 2019. He said that the delegation members had been supportive of this and that after a briefing with the Senate, there should not be an expectation for significant funding for these types of projects in the following year due to healthcare and education being prioritized. He asked if the County’s lobbyists would be willing to add the hydrilla issue to its list of priorities.
Commr. Sullivan confirmed that this issue would be brought to the County’s legislative delegation. He remarked that the Florida Fish and Wildlife Commission (FWC) conducted surveys each year to evaluate issues and determine where to allocate funding, and he opined that this funding had been declining while the issues were worsening.
Mr. Cole recalled that the Board previously directed the Chairman to send a letter to the FWC requesting additional funding for hydrilla and other aquatic weed control. He said that the County’s lobbyists were made aware of this issue and that it was added to the County’s list of legislative priorities.
Mr. Perry stated that the LCWA had also been advised that they needed to work with the FWC Executive Director immediately to determine their priorities. He added that the LCWA would be meeting with the SJRWMD Executive Director in the current week and that a meeting would be scheduled with the FWC Executive Director soon thereafter so that the legislative delegation would be aware of the request for funding and that the FWC would be supportive of the issue.
Mr. Cole stated that Commissioner Campione was scheduled to speak with the legislative delegation on January 15, 2019.
Commr. Parks thanked Mr. Perry for the presentation and asked about the concerns from the Emerald Lakes community. He said that the next drought would lower the nearby lake levels and that there would have to be management for both low and high water levels. He inquired if the LCWA’s operation range allowed flexibility and if there could be management for Lake Palatlahaka’s high water levels without sacrificing the lake levels of other lakes in the Clermont chain.
Mr. Perry replied that there had been some concerns about the LCWA managing the Clermont Chain of Lakes and he commented that there would be flexibility within the regulatory range to manage the desired lake levels. He remarked that lowering the lakes below that range could cause worse drought conditions and that they would have to find a management level which would be palatable to both the Emerald Lakes and greater South Lake communities.
Commr. Parks inquired if the Clermont Chain of Lakes’ water quality was being tracked.
Mr. Perry confirmed this and said that this chain had maintained good water quality conditions. He stated that the water was darker there and that there were not typical algae conditions. He mentioned that there had been situations with blue-green algae and that homeowners on the west side of the lakes had expressed concerns about this; however, they had not created bloom conditions and no associated toxins had been measured. He added that the Harris Chain of Lakes had experienced a significant improvement in water quality which had led to conditions where hydrilla could thrive. He said that the loadings from Lake Apopka and other lakes in the system had fallen substantially, though Hurricane Irma’s effects were currently unknown.
Commr. Parks requested an update on the grant program and how many applications were received by the LCWA. He also asked if they had received significant interest for this.
Mr. Perry stated that they had just put out a call for projects which had not been received and that they were typically received after January 1. He commented that there was interest, though it had waned over the past few years. He stated that for several years, the LCWA had budgeted approximately $1 million or more and that there were not enough projects to expend all of this funding.
Mr. Cole expressed interest in the County receiving funding for the current year.
Commr. Breeden asked that when the water table is high, where does water released from the lakes go and what impacts does this cause outside of the lakes.
Mr. Perry responded that the Harris Chain of Lakes drained through the Ocklawaha River toward the Silver Springs State Park and eventually to the Atlantic Ocean. He clarified that there were not flooding conditions downstream because a drainage pattern had been created. He commented that the Clermont Chain of Lakes drained from the Palatlahaka River into Lake Harris and that the LCWA cooperated with the SJRWMD to inform them of water movement and prevent flooding conditions. He said that the LCWA’s water flowed north and did not contribute to flood conditions on the St. Johns River.
Commr. Breeden thanked Mr. Perry for attending the meeting.
Commr. Sullivan asked when the next LCWA meeting would occur.
Mr. Perry responded that they met on the fourth Wednesday of each month, with the exception of November and December. He said that they would meet on January 23, 2019 and that their board would have four new members.
reports
county attorney
Future closed session
Ms. Marsh said it was possible that on the January 15, 2019 BCC meeting agenda, there would be another closed session to discuss the case concerning a communication tower in the Town of Sorrento.
county manager
County office closure
Mr. Cole relayed that the County offices would be closed on December 24, 25 and 31, 2018, and January 1, 2019 in observance of the holidays.
holiday wishes
Mr. Cole wished everyone a Merry Christmas and a Happy New Year.
commissionerS reports
commissioner sullivan – district 1
montverde council meeting
Commr. Sullivan stated that he recently attended a Town of Montverde Council meeting and that it was a great event. He said that he shared some of the County’s recent activities with them and that citizen input was also received.
holiday wishes
Commr. Sullivan wished everyone a Merry Christmas and a Happy New Year.
honoring veterans
Commr. Sullivan said that he would follow up on Councilman Hartle’s suggestion to commend everyone who attended the Wreaths Across America program. He remarked that there had been several ceremonies across the county to recognize veterans who had sacrificed for their country.
thanking first responders
Commr. Sullivan thanked first responders, along with the deployed servicemen around the world, who would not be home for Christmas.
commissioner parks – district 2
Minneola christmas celebration
Commr. Parks complimented the City of Minneola for their Christmas celebration, which included the first annual Moonlight Christmas Parade.
holiday wishes
Commr. Parks wished everyone a Merry Christmas and a Happy New Year.
thanking first responders
Commr. Parks thanked first responders and other on-duty personnel, including those from law enforcement, fire rescue and emergency medical services (EMS).
COMMISSIONER BLAKE – DISTRICT 5
holiday wishes
Commr. Blake wished everyone a Merry Christmas and a Happy New Year.
thanking county employees and first responders
Commr. Blake thanked the County employees and first responders.
commissioner breeden – VICE CHAIRMAN AND district 3
fdot transportation requests
Commr. Breeden mentioned that at a recent Lake-Sumter MPO meeting, there was a presentation from the Florida Department of Transportation (FDOT) concerning transportation requests. She said that any of the County’s requests for road funding should be made clear that funding is being requested from outside of FDOT.
Mr. Cole stated that there was a scheduled meeting between FDOT staff, the BCC Chairman, lobbyists and himself in January 2019 to ensure that they would be aware of the County’s requests before they are submitted to the legislative delegation. He relayed that the County had also been advised by its lobbyists to be specific when speaking to legislators about funding sources.
next bcc meeting
Commr. Breeden said that the next BCC meeting would be on January 15, 2019.
dr. martin luther king jr. parade
Commr. Breeden commented that there would be a Dr. Martin Luther King Jr. parade in the City of Leesburg prior to the next BCC meeting. She indicated an interest for the other Commissioners to attend.
holiday wishes
Commr. Breeden wished everyone a Merry Christmas and a Happy New Year.
thanking first responders
Commr. Breeden thanked the first responders and said that she wanted them to stay safe during the holidays and throughout the year.
recess and reassembly
The Vice-Chairman called a recess at 10:28 a.m. until 11:00 a.m.
CLOSED SESSION
Ms. Melanie Marsh, County Attorney, relayed that she had previously asked for this closed session which was authorized under Florida Statute 286.011 to discuss pending litigation against the County. She elaborated that once the closed session started, it would be confined to settlement negotiations or strategy sessions related to litigation and its expenditures. She commented that the court reporter would record the entire session from when they began until when they ended and would include all discussions in those proceedings, including the names of all persons present at any time and whoever spoke. She added that none of the session could be off the record, and the court reporter’s notes would be transcribed and be made public once the litigation was concluded. She noted that at the beginning of this session, the entity was required to give notice of who was going to be there and that the County was required to produce an advertisement, which she had a copy of in her possession. She noted that the advertisement was published on December 7, 2018 in the Daily Commercial newspaper. She specified that the Board, the County Manager and herself would be present, and she anticipated that as much as a half hour would be spent in the session. She said that they were ready to begin and asked for the recording to be turned off and for the doors to be secured.
recess and reassembly
At 11:32 a.m. the Vice-Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:33 a.m.
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leslie campione, chairman
ATTEST:
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GARY J COONEY, CLERK