A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

november 19, 2019

The Lake County Board of County Commissioners met in regular session on Tuesday, November 19, 2019 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake. Commissioner not present at the meeting: Wendy Breeden, Vice Chairman. 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; and Josh Pearson, Deputy Clerk.

INVOCATION and pledge

Pastor Moses Robbins from Revolution Church in the City of Leesburg gave the Invocation and Commissioner Campione led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, noted that since the agenda was first published, staff revised the backup information and an attachment relating to Tab 11.

Minutes approval

On a motion by Commr. Parks, seconded by Commr. Blake, and carried unanimously by a 4-0 vote, the Board approved the Minutes of September 24, 2019 (Regular Meeting) as presented.

citizen question and comment period

Ms. Lisa Durant, Director for the Lake County Soccer Club and President of the East Lake County Chamber of Commerce, expressed support for the East Lake Sports and Community Complex Master Plan. She said that she had distributed an email in September 2019 detailing her club’s fall 2019 numbers and usage of the park, and she elaborated that this season, they had to turn children away due to maxing out the field usage at the park. She felt that the master plan that was being presented today would allow growth and expansion for all youth sports at the park; additionally, she opined that the fire station and the library at the park would make it a community hub. She felt that east Lake County residents enjoyed the park, that they used the park, and that they deserved the park being presented today as part of the master plan.

Mr. David Serdar, a concerned citizen, recognized Veteran’s Day. He relayed his understanding that the Tavares City Council would be voting on whether to ban plastic straws and he expressed interest in banning plastic bags. He also indicated opposition to plastic bottles.

Ms. Mae Hazelton, a resident of Lake County, expressed an understanding that a memo from the Lake County Historical Museum to the Board of County Commissioners (BCC) contained a statement indicating that the legislation that mandated the relocation of the Confederate General Edmund Kirby Smith statue explicitly required that the statue must be placed in a public museum open to all Floridians rather than a cemetery or with a private owner or organization. She stated that the legislation referenced by this memo was Senate Bill 472 and she read a section of this bill; furthermore, she thought that there was no restricting language in the bill related to cemeteries or private ownerships, organizations or collections. She relayed her understanding that this bill had passed the finance and rules committees without any amending language and thought that it had only been amended on January 24, 2018, but still did not include this restricting language. She opined that neither the General Edmund Kirby Smith Statue Location Selection Committee’s public notice for how they would determine where the statue would be publically displayed pursuant to Senate Bill 472, nor the proposal review form used by the selection committee and the scoring rubric for those proposals, referenced any requirements for the statue to be placed in a museum. She mentioned that she had recently spoken to a representative of the office of the Architect of the United States Capitol who indicated that they had no requirement for the placement of a returned statue except that it was not sold, damaged or destroyed once it became property of the state. She opined that there had been continued misrepresentation about the process in this case.

proclamation 2019-140 – veterans treatment court month

On a motion by Commr. Sullivan, seconded by Commr. Blake, and carried unanimously by a 4-0 vote, the Board approved Proclamation 2019-140 designating November 2019 as Veterans Treatment Court month.

Commr. Sullivan read and presented Proclamation 2019-140 to several individuals involved with the Veterans Treatment Court. He stated that this program had become statewide due to the efforts of the individuals in attendance. He commented that it had helped many veterans and that Lake County had a Stand Down event on Saturday, November 16, 2019. He mentioned the event’s volunteers and the stories about veterans and the veterans treatment court, and he relayed that approximately 30 percent of homeless individuals in Lake County were veterans. He thought that what the individuals in attendance did each day to help veterans was a great accomplishment, and he said that he appreciated everything they did. He also said that much of this work was done by volunteers.

proclamation 2019-141 - national hunger and homelessness awareness week

On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a 4-0 vote, the Board approved Proclamation 2019-141 designating November 17 - 23, 2019, as National Hunger and Homelessness Awareness Week.

Commr. Campione read and presented Proclamation 2019-141 to several individuals involved with groups that helped those in need of food or housing. She felt that this was a great representation of how many groups were attempting to meet this need, and she commented that the Board appreciated the time they gave and the passion they had for helping others.

Ms. Barbara Wheeler, Executive Director for the Mid Florida Homeless Coalition, shared that her organization made bi-weekly calls to identify each homeless veteran in Lake County and worked to get them housed. She said that the goal was to house them in 90 days and that they were attempting to end veterans’ homelessness based on the documentation put before them by the federal government. She commented that last year, there were 11 veterans housed and that they were currently working with 11 veterans. She elaborated that these veterans had been identified, that they wanted housing, and that they were ready to move into housing. She mentioned that once the veterans were identified, her organization began working with the United States Department of Veterans Affairs (VA) and organizations which had funds to move them into housing. She said that this was her organization’s first priority for Lake County and their continuum of care. She felt that this was an important time near the holidays and she asked everyone to consider those with food insecurities. She related that there was a significant number of people in Lake County on the Asset Limited, Income Constrained, Employed (ALICE) list, in addition to individuals who were homeless but wanted housing. She concluded that her organization was trained to determine how to address this.

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 4-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 3, 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.

City of Minneola Ordinances 2019-10 and 2019-11

Request to acknowledge receipt of the City of Minneola’s Comprehensive Plan Amendment Ordinance 2019-11 and corresponding annexation and rezoning Ordinance 2019-10 for the approximate 2.67 acres of property located at 16409 North U.S. Highway 27 in the City of Minneola.

Southwest Florida Water Management District Program

Request to acknowledge receipt of the proposed 2020 Five-Year Water Resource Development Work Program from the Southwest Florida Water Management District, pursuant to subsection 373.536(6)(a)(4), Florida Statutes.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 5 through 30, as follows:

COUNTY ATTORNEY

Request approval to hold a Closed Session of the Board of County Commissioners on December 3, 2019, to discuss Pitts, et al. vs. Lake County, Florida. There is no fiscal impact.

ADMINISTRATIVE SERVICES

Management and Budget

Request approval for the County Manager, or his designee, to execute an Arbitrage Rebate Compliance Services Authorization Letter with PFM Asset Management, LLC (Orlando, FL) for the calculation of rebate requirements contained in Section 148(f) of the Internal Revenue Code for the 2018 Infrastructure Sales Tax bank loan. The fiscal impact is $2,000.00 (expenditure).

Procurement Services

Request approval to declare vehicles as surplus, and authorization to remove them from the County's official fixed asset inventory system records when replacement vehicles arrive as part of the light duty fleet leasing transition. The estimated fiscal impact is $1,200,000.00 (revenue).

AGENCY FOR ECONOMIC PROSPERITY

Request approval of a Community Aesthetic Feature Agreement with the Florida Department of Transportation (FDOT) for the installation of a location identification marker on State Road 40 in Astor, and approval of supporting Resolution 2019-145 authorizing the Chairman to execute and deliver the agreement to the FDOT. The fiscal impact is $382.47 (expenditure). Commission District 5.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Request approval of Resolution 2019-146 for the 2018 update to the Lake County Comprehensive Emergency Management Plan. There is no fiscal impact.

Emergency Medical Services

Request:

1. Approval of Contract 19-0513 with the following vendors for the provision of pharmaceuticals and controlled substances for the Office of Emergency Medical Services.

Pharmaceuticals
Bound Tree Medical, LLC (Dublin, OH)
Henry Schein, Inc. (Irmo, SC)
McKesson Medical-Surgical Government Solutions, LLC (Henrico, VA) 
Medline Industries, Inc. (Northfield, IL)
Controlled Substances
Henry Schein, Inc.

2. Authorization for the Office of Procurement Services to execute all supporting documentation.

The estimated annual fiscal impact is $389,541.00 (expenditure).

Request approval to purchase eight ambulances from ETR, LLC (Sanford, FL), and authorization for the Office of Procurement Services to execute all supporting documentation. The fiscal impact is $1,400,377.00 (expenditure).

Request approval of an amendment to Contract 18-0210 with Advanced Data Processing, Inc. d/b/a Intermedix (Winter Park, FL), now a subsidiary of R1 RCM Inc. (Chicago, IL), to provide consulting services for the Florida Certified Public Expenditures and two Medicaid supplemental programs. The estimated annual net fiscal impact is $310,680.00 ($336,000.00 revenue and $25,320.00 expenditure - consulting fees).

Fire Rescue

Request approval to apply for and accept funding from the Florida Department of Health's Emergency Medical Services Grant, and authorization for the Chairman to execute the grant application and supporting Resolution 2019-147. The anticipated fiscal impact is $33,556.00 (revenue).

Public Safety Support

Request:

1. Approval of Contract 19-0520 with the following vendors for the provision of janitorial supplies and disposable stretcher linens for the Office of Public Safety Support:

Janitorial Supplies
All Florida Paper (Miami, FL)
Bayse Supply Company, Inc. (Eustis, FL)
Coastal Wipers (Tampa, FL)
Henry Schein, Inc.  (Irmo, SC)
Imperial Dade (Orlando, FL)
Interboro Packaging (Montgomery, NY)
Medline Industries (Northfield, IL)
W.B. Mason Company, Inc. (Miami, FL)
Disposable Stretcher Linens
Bound Tree Medical, LLC (Dublin, OH)
MedFirst Healthcare Supply, Inc. (Clermont, FL)
Nashville Medical EMS Products (Springfield, TN).

2. Authorization for the Office of Procurement Services to execute all supporting documentation.

The estimated fiscal impact is $148,225.00 (expenditure).

Request:

1. Approval of Contract 19-0519 with the following vendors for the provision of medical equipment and supplies for the Office of Public Safety Support:

Medical Equipment
Bound Tree Medical, LLC (Dublin, OH)
Henry Schein, Inc. (Irmo, SC)
Nashville Medical EMS Products (Springfield, TN)
QuadMed, Inc. (Jacksonville, FL)
Stryker Sales Corporation (Redmond, WA)
Medical Supplies
Bound Tree Medical, LLC
Henry Schein, Inc.
McKesson Medical-Surgical Government Solutions, LLC (Henrico, VA)
MedFirst Healthcare Supply (Clermont, FL)
Medline Industries (Northfield, IL)
Nashville Medical EMS Products (Springfield, TN)
QuadMed, Inc.

2. Authorization for the Office of Procurement Services to execute all supporting documentation.

The estimated fiscal impact is $1,651,162 (expenditure).

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval of Contract 19-0441 with Accurate Power and Technology, Inc. (Eustis, FL) for generator repair and maintenance. The estimated annual fiscal impact is $76,041.00 (expenditure).

Housing and Human Services

Request:

1. Approval of an agreement with Clermont Ridge, Ltd., to fund the impact fee costs associated with the development of Clermont Ridge Senior Villas.

2. Approval to accept the third lien holder position behind a private lender and the Florida Housing Finance Corporation.

3. Authorization for the Chairman to execute any necessary documents.

The fiscal impact shall not exceed $91,420.00 (expenditure - State funding). Commission District 2.

Library Services

Request approval to adopt the Lake County Library System Combined Operating Budget for State Aid funding for Fiscal Year 2020. The fiscal impact (revenue) cannot be determined at this time.

Parks and Trails

Request approval of the Maintenance Memorandum of Agreement for On System Multi-Use Trail Project with the Florida Department of Transportation for the maintenance of the State Road 44 Multi-Use Trail, from the State Road 44 bridge to County Road 42 near the Lake County and Volusia County boundary, and approval of supporting Resolution 2019-148. There is no fiscal impact at this time from this action. Future financial obligation for the maintenance of the 840 linear feet of trail is estimated to be up to $5,000.00 annually. Commission District 5.

Public Works

Request approval of Contract 19-0445 with Lake Jem Farms (Tavares, FL) for sod installation services, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $100,000.00 (expenditure).

Request approval to:

1. Award a contract to Cathcart Construction Company-Florida LLC (Oviedo, FL) for the Sylvan Point Drive drainage improvement project located in the Mount Dora area.

2. Execute Resolution 2019-149 amending the County Transportation Trust Fund to receive unanticipated revenue for Fiscal Year 2020 in the amount of $115,088.00 from the City of Mount Dora for the water line portion of the project.

The fiscal impact is $543,711.00 (revenue/expenditure - $115,088.00 in revenue from the City of Mount Dora and $428,623.00 in County funding). Commission District 4.

Request approval of the second amendment to the agreement with the Florida Department of Transportation (FDOT) extending the construction completion date to January 31, 2020, of the County Road 466A (Miller Street) Phase 3A project, which runs from Poinsettia Avenue to Century Avenue in the Fruitland Park area, and approval of supporting Resolution 2019-150 authorizing the Chairman to execute and deliver the agreement to FDOT. There is no fiscal impact. Commission District 5.

Request approval to amend the Interlocal Agreement with the City of Clermont increasing the labor charge for traffic sign maintenance and emergency repairs. The estimated annual fiscal impact is $25,000.00 (revenue). Commission District 2.

Request approval of an amendment to the Interlocal Agreement with the Florida Turnpike Enterprise for the construction of the County Road 455 bridge and the Fosgate Road bridge, located near Montverde. There is no fiscal impact. Commission District 2.

Request approval to:

1. Release a payment and performance bond of $4,309,242.25 for the completion of the Fosgate Road Extension construction project in Minneola.

2. Accept a maintenance bond of $561,886.04 to ensure the improvements to Fosgate Road for a two-year period.

There is no fiscal impact. Commission District 2.

Request approval:

1. To execute a Transportation Regional Incentive Program agreement with the Florida Department of Transportation (FDOT) for design services for the widening and extension of Round Lake Road, from the Lake/Orange County boundary to Magnolia Avenue (north of State Road 44), in the Mount Dora area.

2. Of supporting Resolution 2019-151 authorizing the Chairman to execute and deliver the agreement to FDOT.

3. Of Unanticipated Revenue Resolutions 2019-152 and 2019-153.

The estimated fiscal impact is $2,300,000.00 (expenditure/revenue - $1,150,000.00 in FDOT grant funding, $1,000,000.00 in Florida Job Growth Infrastructure grant funding and $150,000.00 in County Transportation Impact Fees). Commission District 4.

Request approval:

1. To execute a Local Agency Program Supplemental Agreement with the Florida Department of Transportation (FDOT) regarding funding the construction of safety improvements on County Road 473, from Treadway School Road to County Road 44, in the Leesburg area.

2. Of supporting Resolution 2019-154 authorizing the Chairman to execute and deliver the agreement to FDOT.

The total fiscal impact is $1,167,381.00 (expenditure - $557,348.00 in FDOT funding and $610,033.00 in County funding). Commission District 3.

Request approval to:

1. Accept the final plat for Serenoa Village 2 Phase 1B-2, and all areas dedicated to the public as shown on the Serenoa Village 2 Phase 1B-2 final plat, located near Clermont.

2. Execute a Developer's Agreement for Construction of Improvements with VK Avalon Groves LLC (West Palm Beach, FL).

3. Accept a Performance Bond of $898,543.50.

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

Request approval to:

1. Accept the final plat for Palisades Phase 3B, located south of Minneola and east of Groveland.

2. Execute a Developer's Agreement for Maintenance of Improvements with Canam Palisades, Ltd. (Clermont, FL).

3. Accept a $168,539.22 check for maintenance of improvements.

4. Execute Resolution 2019-155 accepting Spring Lake Drive "Part" (County Road Number 1835) and Spring Tree Court (County Road Number 1835C) into the Lake County Road Maintenance System.

5. Execute a Developer's Agreement for Construction and Maintenance of Sidewalk Improvements with Canam Palisades, Ltd.

6. Accept a $153,784.95 check for performance of sidewalk construction.

7. Accept a $13,980.45 check for maintenance of sidewalk improvements.

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

Request approval of Resolution 2019-156 to advertise a Public Hearing to vacate and annul the entire plat of Hampton Homes of Mt. Plymouth, and to vacate an unnamed deeded right of way, which connects with Interlachen Drive, near Sorrento. The fiscal impact is $2,295.00 (revenue - vacation application fee). Commission District 4.

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 there were three cases on the rezoning consent agenda and three cases on the rezoning regular agenda; however, staff received a request from the applicants for regular agenda Tabs 4 and 6 to postpone those cases until next month. He explained that the applicant for Tab 4 was requesting a continuance in order for the district Commissioner, Commissioner Breeden, to be present for the discussion, and the applicant for Tab 6 was requesting a continuance to meet with the surrounding neighbors and determine if a compromise could be reached. He said that staff requested that the consent agenda be approved as presented and that staff had no objection to the Board considering the postponement of Tabs 4 and 6 as part of the consent agenda.

Commr. Campione suggested addressing Tabs 1, 2 and 3 first as part of the consent agenda.

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.

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 3, as follows:

Tab 1. Ordinance No. 2019-62

Rezoning Case # CUP-18-09-5

Ricky’s Tree Service

Conditional Use Permit to allow a mill operation within the Agriculture (A) zoning district on approximately 0.92 +/- acres of the subject 40 +/- acre parcel.

Tab 2. Ordinance No. 2019-63

Rezoning Case # RZ-19-23-2

Oak Properties

Amend Planned Unit Development (PUD) 2018-51 to increase the maximum height for all designated habitable, occupancy use areas of a building or structure from thirty-five (35) feet to fifty (50) feet, increase the maximum height to fifty-five (55) feet for the finished height of all buildings or structures and amend transportation conditions.

Tab 3. Ordinance No. 2019-64

Rezoning Case # CUP-19-07-4

C. Wells & L. Coetzee CUP

Conditional Use Permit to allow a horse stable/boarding use on Agriculture zoned property.

rezoning regular agenda

Tab 4.

Rezoning Case # RZ-19-20-3

Molokai Co-op MHP (RMRP)

Amend Ordinance #28-79 (Public Hearing #113-79-1) with the creation of a new ordinance to rezone 3.6 +/- acres from Mixed Home Residential (RM) to Mobile Home Rental Park (RMRP).

Tab 5.

Rezoning Case # RZ-19-14-2

Islamic Center of Clermont CFD Amendment

Replace Community Facility District (CFD) Ordinance #2007-20 with a new CFD ordinance to allow for the additional uses of Learning Center, 75-bed Assisted Congregate Living Facility, Community Service Center, and caretaker’s residence, and to rezone 3.69 acres from Agriculture (A) to Community Facility District (CFD).

Tab 6.

Rezoning Case # CUP-19-06-4

Dickerson Kennel CUP

Conditional use permit on approximately 5.0 +/- acres to allow a kennel within the Agriculture (A) zoning district.

molokai co-op mhp (rmrp)

Commr. Campione suggested addressing Tabs 4 and 6 separately. She asked if the postponement requests for these items were made within the time period.

Mr. McClendon said that the code required an applicant to give staff at least 10 days’ notice for staff to administratively continue the request, though this timeframe was not met and the applicants were requesting this before the Board.

Commr. Campione relayed her understanding that the decision to postpone these tabs would be up to the Board. She reiterated that the postponement request for Tab 4 was due to the district Commissioner, Commissioner Breeden, being absent from the meeting.

The Chairman opened the public hearing.

Ms. Christi LaFond, a neighbor of the subject property, relayed her understanding that Commissioner Breeden was familiar with this case and she opined that there had been issues with how the lot had been used. She said that she would be amicable to postponing the case in Commissioner Breeden’s absence.

Mr. Jimmy Crawford, an attorney representing the applicant, indicated that he would appreciate the Board’s discretion in postponing the case.

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

Commr. Campione asked if the case would be postponed to the BCC’s next zoning meeting.

Ms. Melanie Marsh, County Attorney, clarified that it would be postponed to the December 17, 2019 BCC meeting.

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board postponed Tab 4, Rezoning Case #RZ-19-20-3, Molokai Co-op MHP (RMRP), to the December 17, 2019 BCC meeting.

dickerson kennel cup

The Chairman opened the public hearing.

Mr. Christopher Shipley, with Shipley Law Firm, opposed the postponement and thought that many individuals in attendance had changed their schedules to attend today. He felt that due to the holidays, the date of December 17, 2019 would not be convenient for most individuals to attend. He noted that he had asked Mr. Crawford, who was representing the applicant for this case, for a continuance before the case went before the Lake County Board of Adjustment; however, this request was declined. He recalled that the Lake County Planning and Zoning Board had recommended for the BCC to deny the conditional use permit (CUP). He expressed a hope that the BCC’s decision would align with the Planning and Zoning Board’s recommendation, he opined that the CUP was inappropriate for the size and the location of the subject property, and he felt that the residents should have an opportunity to speak.

Mr. Crawford thought that a one-time postponement would be appropriate for this case. He mentioned that the case had concerns and opposition from neighbors and that he and the applicant were continuing to develop conditions. He claimed that he had asked Mr. Shipley if they could meet and discuss additional conditions, though he had not received a positive response. He commented that they were evaluating the appropriateness of a fabric that could be placed on the fence, and he believed that the case should be heard by the full BCC if possible. He mentioned that they had notified the County on Friday, November 15, 2019, as soon as they became aware that there would not be a full Board at the meeting. He apologized for any inconvenience to the neighbors but felt that it would be an important decision and that the residents would have the full time to comment on the case. He requested postponing the case until the December 17, 2019 BCC meeting to allow the full BCC to decide the case and to allow another opportunity to meet with the neighbors and consider additional conditions.

Mr. Reggie Tisdale, a neighbor of the subject property, requested that the hearing be held today and said that residents had reviewed the case. He felt that the case was inconsistent with the County’s vision for the Sorrento area with the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA) and the Wolf Branch Innovation District (WBID).

Mr. Randy Chavers, a neighbor of the subject property, opposed the continuance and thought that residents had taken off work to attend the meeting today. He mentioned that there was a 10 day requirement for notice which the applicant did not meet for their continuance request.

Commr. Campione proposed possibly continuing the case to the January 28, 2020 BCC meeting so that it would not occur during the holiday season.

Ms. Jodi Ogden, a resident of Sorrento, said that she did not want the case to be postponed, that she had made arrangements to attend the meeting today, and that the applicant had not provided a 10 day notice for postponement.

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

Commr. Parks expressed that he had typically honored an attempt to address the issue between the two sides with an additional chance. He felt that continuing this case could be beneficial since Mr. Crawford had expressed interest in meeting with the neighbors, and he indicated support for this. He also thought that the Board could consider postponing the case to the January 28, 2020 BCC meeting.

Commr. Campione noted that this case was in her commission district, Commission District 4, and she shared that she would typically support a postponement if the issue could be addressed between the parties; however, she expressed a concern for postponing the current case due to it having been ongoing with multiple opportunities for the applicant to contact the neighbors.

Commr. Blake acknowledged the residents who made arrangements to attend today, but said that because the applicant learned that there would not be a five member board within the 10 day notification limit, he was amicable with the postponement request. He supported postponing the case to the January 28, 2020 BCC meeting so that it would not affect the residents’ ability to attend.

Commr. Sullivan agreed with this and noted that the precedent that the BCC had traditionally set was to give opportunities for the two parties to address their differences outside of the public hearing process. He also expressed support for postponing the hearing to the January 28, 2020 BCC meeting due to the holiday season possibly creating challenges for the residents.

Commr. Campione emphasized how important it was to use this time to find a resolution and a middle ground for this case; however, she expressed that she would not support the motion and felt that it would be better to proceed with the case.

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried by a vote of 3-1, the Board approved to postpone Tab 6, Rezoning Case #CUP-19-06-4, Dickerson Kennel CUP, to the January 28, 2020 BCC meeting.

Commr. Campione voted no.

Commr. Campione recalled that the Board had postponed Tab 4, Rezoning Case #RZ-19-20-3, Molokai Co-op MHP (RMRP), to the December 17, 2020 BCC meeting, and she asked if the individuals involved with that case would want it postponed to January 28, 2020 instead.

Mr. Crawford stated that the parties in opposition to Tab 4 had left the meeting but that he could meet with them and if they preferred a postponement to the January 28, 2020 BCC meeting, then he could submit a request within the 10 day limit to postpone the case to that date.

Ms. Marsh indicated that the BCC could revise their motion for Tab 4 to postpone it to December 17, 2019, or to January 28, 2020 if the parties agreed to that date.

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved to amend their prior motion for Tab 4, Rezoning Case #RZ-19-20-3, Molokai Co-op MHP (RMRP), to postpone the case to the December 17, 2019 BCC meeting, or the January 28, 2020 BCC meeting if the parties agreed to that date.

islamic center of clermont cfd amendment

Mr. McClendon presented Tab 5, Rezoning Case #RZ-19-14-2, Islamic Center of Clermont CFD Amendment. He explained that the subject property was located in Commission District 2, at the southeast corner of Johns Lake Road and Hancock Road in the City of Clermont area. He said that the tract size was about 8.5 acres and that the request was to replace the existing Community Facility District (CFD) zoning ordinance with a new CFD zoning ordinance to allow additional uses consisting of a learning center, a 75 bed assisted living facility (ALF), a community service center, and a caretaker’s residence, along with rezoning 3.69 acres from Agriculture to CFD. He showed images of the subject property’s existing future land use (FLU) of Rural and the existing CFD to the west with the new parcel to the east currently being zoned Agriculture. He shared that the existing CFD ordinance was approved in 2007 as a religious worship center, along with related or associated uses. He reiterated that the current request was to facilitate the expansion of the existing CFD use to the parcel to the east. He mentioned that the Rural FLU category allowed for religious organizations as a permitted use and that this policy also identified nursing and personal care facilities as a conditional use; furthermore, the CFD zoning designation would satisfy this requirement. He commented that pursuant to the Land Development Regulations (LDRs), religious organizations and nursing homes were permitted within the CFD zoning district, and he noted that the subject property was located within the City of Clermont Joint Planning Area (JPA). He added that they would have to abide by the LDRs pertaining to the development criteria for setbacks, the heights of the structure, and commercial design standards. He displayed the concept plan and highlighted the new parcel, and he identified the proposed ALF on the southeast corner on the new parcel; additionally, he said that the community service center would be located toward the northeastern portion of that property. He indicated that the requested action was for the Board to find the request consistent with the Lake County Comprehensive Plan (Comp Plan) and uphold the Planning and Zoning Board’s unanimous recommendation for approval of the request.

Commr. Parks asked if there were three parcels with alternate key numbers or just two.

Mr. McClendon confirmed that there were two parcels with the alternate key numbers 1029708 and 1734002.

Commr. Parks inquired if these two properties were under the same ownership, and Mr. McClendon confirmed this. Commissioner Parks also asked about the tier two traffic study that would be required if the case was approved.

Mr. McClendon commented that this would occur during the administrative process of the site plan review and that the Lake County Public Works Department was requiring a tier two traffic study.

Mr. Fred Schneider, Public Works Director, said that this system was setup through the Lake-Sumter Metropolitan Planning Organization (MPO) and that a tier one study was a basic analysis, while a tier two study was more detailed and included intersection operations, any impacts, and what would be required by a development to mitigate them. He commented that a tier one study was typically done when it was apparent that the road was not overcapacity, and a tier two study was generally done when more information about the impacts was required.

Commr. Parks asked if one of the reasons for this was because the roads were rated “F”, and Mr. Schneider explained that the segment of Hancock Road north of Johns Lake Road had about 20,000 vehicles per day and its level of service was an “F.” Commissioner Parks then inquired if the tier two study would attempt to determine the requirements to mitigate this. He also asked if it would take into account that Hancock Road was only two lanes.

Mr. Schneider replied that typically, a proportionate share requirement for additional turn lanes, signal operations, etc., would be indicated by a tier two study. He also confirmed that the study would consider that Hancock Road was two lanes.

Commr. Campione asked if the parcel between the two parcels on the subject property was a single family residence, and if that parcel was excluded from this application.

Mr. McClendon said that this was correct and that the parcel was not part of the application due to being under a different ownership.

Commr. Campione disclosed that she had visited the site and met with some surrounding neighbors, along with receiving emails pertaining to the case.

Commr. Blake said that he also visited the site and met with neighbors; additionally, he had received many emails about the case.

Commr. Sullivan mentioned that he had received emails about the case.

Commr. Parks shared that he had a site visit but had not met with adjacent neighbors; however, he had a discussion with an individual who lived in the vicinity and received emails pertaining to the case.

Mr. Rick Hartenstein, Planning Project Manager for Wicks Engineering Services and representing the applicant, said that they were requesting to amend the CFD Ordinance 2007-20 by adding approximately 3.8 acres of land and were requesting the additional uses of an approximately 9,000 square foot learning center, an approximately 54,000 square feet worship center, a community service center of about 3,000 square feet, and a one story, 75 bed ALF which would be roughly 30,000 square feet, along with allowing the current building to remain on the site once the other buildings were constructed to use it as a caretaker’s residence. He said that the property was located at the southeast corner of Hancock Road and Johns Lake Road and displayed a map of the property. He stated that the property was composed of the original parcel of approximately 4.43 acres along with the additional parcel. He commented that the property was located within the Rural FLU category and that Comp Plan Policy I-1.4.4 permitted religious organizations in this category. He mentioned that the original parcel was zoned by Ordinance 2007-20 and that they wanted to increase the acreage and uses. He remarked that they had provided a traffic study that was prepared by Traffic Planning and Design, Inc. which addressed the impacts. He added that for the requested improvements, the traffic study concluded that the proposed development was projected to generate 556 new daily trips with 59 being evening peak trips. He commented that the roadway segment analysis indicated that all study roadway segments currently operated within the adopted levels of service and would continue to do so in the projected conditions upon the addition of the projected trips. He elaborated that the intersection analysis indicated that all study intersections currently operated at an overall acceptable level of service except for the north-southbound approaches at State Road (SR) 50 and Hancock Road. He mentioned that this intersection currently operated at an “F” level of service and that the volume to capacity ratio at these approaches was below 1.0, which indicated that the level of service was a result of delay rather than capacity deficiency. He explained that the property had no wetland impacts and that the previous environmental studies for the property indicated that there were no environmental impacts at this time. He said that if this rezoning was approved, they would move forward with a site plan submittal and that at that time, an updated environmental assessment addressing threatened and endangered species would be provided; furthermore, they would mitigate any environmental impacts. He related that staff found this request consistent with the Comp Plan and the LDRs and had recommended approved, along with the Planning and Zoning Board recommending approval with a 6-0 vote on October 30, 2019. He requested that the BCC approve the rezoning request.

The Chairman opened the public hearing.

Ms. Susie Westbrook, a resident on Johns Lake Road, felt that the area was rural and expressed concerns that the applicant was attempting to add additional property and make it similar to a commercial entity. She noted that they wanted to have an ALF and a food bank, and she did not feel that this fit within the area. She thought that there would be 24 hour per day care at the ALF and that the parking lot would be lit at night, along with there being sirens from medical vehicles. She felt that the house in the middle of the subject property would be surrounded by a business and that this would affect their quality of life. She also indicated a concern for traffic from the entrances to the property.

Mr. Randy Brazell, a neighbor of the subject property, relayed his understanding that Hancock Road was an “F” rated road and said that Hancock Road and Johns Lake Road were only two lanes with turn lanes already being installed. He indicated that he was unsure how this could be expanded, and he felt that a 75 bed ALF would be commercial. He relayed a concern for having 50,000 square feet on eight acres and for the property growing. He also opined that the rezoning was inconsistent with the rural area and that the residents wanted to see the area remain rural. He thought that there was the potential for a sports field on the subject property but noted that there was already this type of facility nearby, and he indicated a concern for additional lights at night. He relayed his understanding that the impervious surface ratio (ISR) in the area was 20 percent but that the subject property would have 50 percent ISR. He expressed that he was not opposed to growth but that he had an interest in limiting the types of growth in the area.

Ms. Marion Ringwood, a Lake County Resident, indicated an understanding that the Islamic Center of Clermont (ICOC) and its congregation had been part of the City of Clermont at this location since 2016 and had been involved in giving back to the community with health fairs, blood drives and providing hurricane sandbags. She said that according to the Lake County Office of Planning and Zoning, the proposed amendment met all standards for review and that religious organizations were permitted within the Rural FLU, along with the proposed additional uses. She thought that the Clermont City Council had concerns based on traffic and the “F” road rating, but that due to it being a county road, the level of service implied that it needed to be on the County’s list for improvement. She felt that any adverse impacts to the roadways were not due to the existing center and said that there were five subdivisions on Hancock Road between SR 50 and Hartwood Marsh Road, along with businesses and other developments which she opined had resulted in traffic. She relayed her understanding that the center anticipated three to five families joining their congregation each year and that they currently only had 30 families. She felt that the number of cars entering the center was minimal when compared to the existing and projected traffic, and that the expansion would not occur immediately. She asked for the Board’s approval of this item.

Mr. Sizaad Khan, an ICOC member and volunteer, supported the request and relayed his understanding that there would not be a three story building. He displayed the locations of the center’s members but said that not everyone visited the center. He noted that they attended prayers before sunrise and the evening, though there were a low number of attendees for these activities. He said that a previously mentioned potential increase of five members per year had only occurred in one year out of ten years, and the average increase could be one or two new members per year. He commented that each location on the property would be segregated and that the size of the property would be segmented in usage. He remarked that the center had a variety of individuals in its community that wanted to use the site for something positive.

Mr. Husman Bacchus, a member and priest at the ICOC, said that they had been at the current location since 2014. He felt that their congregation grew slowly and he expressed interest in serving the community. He commented that he had conducted volunteer work and that he was a founding member of the Free Clinic of Florida, which provided free medical care to the uninsured and those who could not afford payment. He said that they recently provided free healthcare at the ICOC and that the ICOC had partnered with the Clermont Chamber of Commerce to provide food packages for the community. He felt that the current application could help them move forward and provide more assistance to the community. He also expressed interest in setting up a free clinic and a food bank.

Ms. Deborah Salvi, a resident on Lost Lake Road, felt that the expansion was inconsistent and incompatible with the existing rural and residential areas surrounding the subject property. She also thought that the expansion would hinder the existing traffic congestion and significantly change the neighborhood feel. She opined that the increase in members each year did not warrant an expansion of this size, and she expressed an interest in the center remaining consistent with the existing five acre churches on the west end of Johns Lake Road by developing their worship center within the current footprint of land. She asked the Board to consider voting against this rezoning request.

Mr. Michael Salvi, a resident on Lost Lake Road and the operator of a plant nursery in the area, felt that the proposed size increase was inconsistent with the area and he indicated his opposition to the expansion on that intersection.

Mr. Paul Adams, a neighbor of the subject property, said that he was surrounded by the subject parcels and gave a brief history of the existing CFD ordinance that was approved in 2007 for Heart House Ministries. He relayed his understanding that they were required to have central water and sewer, though this did not occur. He said that according to the Planning and Zoning Board meeting minutes for the original ordinance, there were several conditions including restricting the ISR to 20 percent, grass parking only, retention ponds on the property, no recreational activities, and restricting service to Sunday service and children’s services on weekday evenings. He mentioned that in 2012, the ICOC purchased a property on Lost Lake Road but that there were issues with right of way and the need to expand Hancock Road to four lanes. He indicated his understanding that the Planning and Zoning Board had recommended disapproval of this request due to the intensity and that the BCC and the Clermont City Council had denied the rezoning request. He displayed a picture of the proposed facility and expressed concerns for stormwater and ISR; furthermore, he thought that there was no stormwater drainage on Johns Lake Road and he did not feel that it would be fair to the residents in the area. He then submitted minutes from the March 7, 2007 Lake County Planning and Zoning Board meeting into the record.

Ms. Dolores Thomas, a resident of the Kings Ridge subdivision, questioned why a better traffic impact study was not conducted independently, and she questioned the impact to the aquifer. She relayed her understanding that the ICOC did not have City of Clermont water or sewer, and she wondered if they would ask for services from the City. She felt that some proposed uses for the property did not seem to be for religious purposes and she asked if they would be taxable. She also expressed concerns for the family that was surrounded by this property.

Mr. Gordon Warren, a neighbor of the subject property, felt that the area had a history of being rural with one house per five acres. He thought that this would be a commercial development and would not fit with the area, and he opined that the area was unique due to it being an enclave surrounded by the City of Clermont. He described the area and expressed a concern that a commercial operation would make the area feel more like the City of Clermont.

Mrs. Jacqueline Harp, a neighbor of the subject property, said that she and her husband lived in the center between the subject parcels. She claimed that members of the ICOC sped on an access road, and she expressed concerns about lighting, traffic, trucks, garbage disposal, and sewer issues that could occur near her home. She said that she had moved to the area for its quietness and she questioned what would happen if the proposed uses were developed around her home; furthermore, she indicated concerns for the ability to sell her home.

Mr. David Harp, a neighbor of the subject property, said that he had lived in the area for 25 years and expressed a concern for the request disturbing the area’s peace. He felt that it should be in a commercialized area and he also indicated concerns for wildlife.

Ms. Stephanie Warfield, a resident of the Magnolia Park subdivision, felt that expanding more traffic onto Hancock Road would be incompatible with the area. She opined that there was difficulty turning onto Hancock Road and she asked the BCC not to add more traffic before the roads were addressed. She thought that the growth should be contained, regulated, and maintained to work for the residents. She suggested postponing the request until these issues were fixed, and she was unsure if a commercially intense use of the space would be compatible with the residents there. She asked the BCC to postpone the approval or to address the road first.

Mr. Tom Harris, a resident of the Kings Ridge subdivision, expressed concerns for the traffic on Hancock Road and for dump trucks and tractor trailer trucks on the road. He noted that there had been vehicular accidents in the area and he felt that the proposed facility was significant in size when considering the size of the property. He opined that the lighting would be detrimental to the area and that Hancock Road was unable to accommodate current or increased traffic.

Mr. Paul Andberg, a resident of the Kings Ridge subdivision, felt that there was enough traffic on Hancock Road south of the subject area. He thought that this was too much expansion too quickly and he questioned if there was a study that indicated a need for a food bank, an ALF or an athletic facility. He opined that the traffic on Hancock Road was an issue and he suggested that the expansion could possibly occur in phases. He also felt that the ICOC’s congregation was not large enough to drive an expansion of this size.

recess and reassembly

The Chairman called a recess at 10:45 a.m. for 10 minutes.

ISLAMIC CENTER OF CLERMONT CFD AMENDMENT CONTINUED

Mr. Hasib Khan, a member of the ICOC, said that the residents’ concerns had been noted. He indicated an interest in consistency to maintain a good living area, and he relayed that they would abide by any restrictions to ensure that there would be compatibility with the area. He mentioned that the growth of five families per year was a high number, and he remarked that the building would have segments to be used by the families who were members of the ICOC. He opined that it would not increase traffic and relayed that it would not conflict with school hours or rush hours.

Ms. Lauren Kurilchik, a resident of the Kings Ridge subdivision, opined that residents there were unable to exit the development onto Hartwood Marsh Road, and she felt that she could not use Hancock Road. She expressed a concern for the holistic effect of the projects that the BCC had permitted on Hancock Road, and she asked the Board not to approve this rezoning or any other projects that could affect the traffic in the region of SR 50, Hancock Road, Hartwood Marsh Road, and U.S. 27. She felt that the roads were overloaded and that this was affecting the residents’ quality of life.

Commr. Campione suggested voicing these concerns to the City of Clermont and noted that the City was the water and sewer provider.

Commr. Parks indicated that most of the developments in that area were approved before the Great Recession and before the current BCC members were serving.

Mr. Vance Jochim, a concerned citizen, expressed concerns about the ICOC and misinformation, as well as conditions not being upheld. He felt that the request should be denied due to incompatibility with the commercial development on the property and for the potential for inconsistent uses. He also indicated concerns for traffic.

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

Commr. Campione relayed her understanding that there was discussion from the Planning and Zoning Board and that when they considered the ordinance that was adopted in 2007, the concerns were unclear. She thought that at that time, there was discussion about other churches in the area, their size, and the size of the property that the churches were on. She noted that they were small churches and she indicated an understanding that in 2007, the BCC was considering that it was a small operation and that this influenced their decision.

Commr. Parks thanked the ICOC and said that he appreciated their effort to serve those in need. He noted that the worship center was an acceptable planned use for the property, along with possibly the community service center; however, he relayed that he did not consider the ALF to be an acceptable use of the property. He remarked that his objection to the request was based on some detailed site planning questions that could possibly be worked out with a continued site planning process, in addition to the traffic issue on Hancock Road with no plan in place to widen it. He felt that it was necessary to widen Hancock Road and to approve the County Road (CR) 455 extension when considering growth. He thought that the request could generate many trips on Hancock Road and that approving further developments on Hancock Road could weaken the County’s ability to plan and obtain right of way.

Commr. Campione requested for an aerial map of the area to be displayed. She felt that coming down Hancock Road off of SR 50 was similar to entering an enclave community, and she relayed that there was a number of large home sites in the area with a rural residential feel. She expressed a concern for the character of the area and noted that historically, the County had allowed churches and worship centers in residential areas if their scale and size fit the area. She thought that bringing commercial uses into a residential area could create difficulty because they had to consider the rights and expectations of the residents who were already living there. She commented that the ALF and the additional services would be moving into the residential area; however, the already approved parcel was consistent with the area. She felt that adding an ALF to the area could exacerbate the traffic issue, and she mentioned that there were residents who were trying to preserve the nature of their area. She also commented that Mr. and Mrs. Harp were surrounded by the subject property and that mitigating this issue could be challenging. She also remarked that there were many ambulance and fire truck trips back and forth to ALFs which could generate a significant amount of noise. She reiterated her opinion that these additional commercial uses could cause issues but that the worship center was acceptable. She commended the ICOC for the services that they were trying to provide but she felt that this location did not work for this particular set of uses.

Commr. Blake agreed with Commissioner Campione’s observations and said that he had also seen the traffic issue. He commented that two other worship centers he saw on Johns Lake Road were small, and he felt that the zoning created expectations for people who lived there. He opined that an ALF was not likely suited to that particular parcel and he expressed his opposition to the application.

Commr. Sullivan expressed that he did not feel that an ALF would be in the correct place on 8.5 acres in the subject location. He said that ALFs were a significant need in the community and that the BCC had approved them, though not those of this size and on this amount of property with the additional buildings that would be there. He expressed a concern for ambulances frequently being at these facilities, though he felt that it was a great location for a worship center. He thought that this would be an incorrect location until the roads were addressed, and he said that he could not support the request.

Commr. Parks also expressed a concern for the amount of traffic at different hours from emergency medical services (EMS) and public safety. He also relayed his understanding that the City of Clermont had expressed objections to the request.

Commr. Campione said that there could be traffic improvements in the future but noted that from a public safety standpoint, the ability to access an ALF could put some people at risk. She also asked Mr. McClendon to read the City of Clermont’s objections into the record, and she remarked that the County had a requirement to submit applicants that came to the BCC to the City of Clermont if the application was in the City of Clermont JPA in order to receive the City’s comments. She elaborated that this was due to the City being the entity that would provide water and sewer services to new growth in the area.

Mr. McClendon commented that this was an email that the County received from the City of Clermont dated October 28, 2019, and he read the email into the record as follows: “The City of Clermont has concerns regarding the requested expansion of a 30,000 square-foot assisted living facility, a 12,000 square-foot worship facility, and a 3,000 square-foot community service center all on a very busy intersection of Johns Lake Road and Hancock Road. Based on Hancock Road having a level of service of “F” (2014 Lake County MPO Transportation Management System Annual Report) the City of Clermont is not in support of this expansion.” He added that the most recent comments from the City were received after the public hearing packets had been created.

Commr. Parks indicated that the Board had discussed maintaining a relationship with the Cities through growth issues to receive their input.

Mr. Hartenstein indicated that they were willing to strike the ALF from the application and continue with just the community service center, mosque, and learning center.

Commr. Campione asked if they would still be adding the additional property that wrapped around Mr. and Mrs. Harp’s property.

Mr. Hartenstein confirmed this but reiterated that they would not move forward with the development of an ALF.

Commr. Parks thought that this was a good suggestion but indicated interest in tabling the case to address some site planning questions such as height, appearance, and buffers.

Mr. Hartenstein clarified that their site plan showed the buffers and that they added a wall on one side to separate the property from residential areas. He added that they were required to meet a 35 foot height requirement with the City of Clermont and that this was shown on the plan; additionally, he said that they had not yet addressed engineering details for stormwater and that this was just the entitlement phase to move them forward to the site plan phase.

Commr. Parks expressed that he would want additional buffers.

Commr. Campione felt that the Board would have to conduct a review for what Mr. Hartenstein was proposing because there would still be questions if the ALF was removed, such as for the entrances and the access points, along with enclosing the Harps’ property. She also indicated an interest in obtaining the City of Clermont’s opinion.

Mr. Hartenstein then indicated that his client wanted to withdraw the application.

Ms. Marsh explained that the Board could vote on the withdrawal and that if it was withdrawn, then they would not have to wait one year and show a substantial change in the application to bring it back. She clarified that if the Board denied the case, then they would have to wait one year, as well as show a substantial change in circumstance to bring the case back.

Commr. Campione said that if the objective was to reconsider the site and how to make it more compatible with the residential area, in addition to considering the traffic, then it may not be fair to make them wait a year.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved to accept the applicant’s withdrawal request for Tab 5, Rezoning Case #RZ-19-14-2, Islamic Center of Clermont CFD Amendment.

public hearing - budget adjustments for fy 19 year-end closeout

Ms. Jennifer Barker, Executive Director for Administrative Services, said that the purpose of this presentation was to reconcile the fiscal year (FY) 2019 final budgeted revenues and expenditures. She explained that at the end of each fiscal year, the County reviewed all of the revenues and expenditures that occurred that year and they then reconciled the budget based on the actual transactions. She commented that budget adjustments were necessary to account for any unanticipated revenues and that this would be discussed today. She stated that the General Fund had a total increase of $1,148,590 and that a majority of this was because the County was recognizing a discount that was provided by Motorola for the purchase of the public safety radios. She elaborated that they were also recognizing unanticipated insurance proceeds, reducing the transfer to the Lake County Sheriff due to an amended police services contract with the City of Minneola, transferring $300,000 to the transit fund to cover a shortfall which was detailed in a memo from the County Manager on August 23, 2019, and there were various other budget transfers as necessary. She explained that for the transit fund, they were recognizing $300,000 coming in from the General Fund, and they did not anticipate any issues with the projected revenues for FY 2020; rather, the County expected to fully fund the expenses as a result of the measures that they were currently implementing. She remarked that the sales tax fund increased by $11,389 due to a close out of a prior debt service fund that had been retired; furthermore, the original bank loan was taken out in 2008 to purchase the 800 megahertz radio system. She commented that the debt was retired in 2017 and that this would be closing out the fund which had about $11,000 remaining. She added that because the debt was secured using sales tax funds, the County had to transfer the remaining funds back to the sales tax fund. She then indicated that for the solid waste closures and long-term care fund, the County was reducing the amount of the transfer by slightly over $1 million based on the actual expenditures of about $190,000 and the County was not transferring the full amount that was budgeted. She concluded that there were various other budget adjustments throughout the other funds but that there was no net effect to the bottom line.

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.

Ms. Barker read the requested action for approval of the budget adjustments for the year-end closeout of FY 2019 in accordance with County policy LCC-36, and Administrative Procedure pursuant to Section 129.06 (2)(a), Florida Statutes.

On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved budget adjustments for the year-end closeout of FY 2019 in accordance with County Policy LCC-36, and Administrative Procedure pursuant to Section 129.06 (2)(A), Florida Statutes.

public hearing - ordinance 2019-61 tree removal permits

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 SECTION 9.02.04, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED EXEMPTIONS TO TREE REMOVAL PERMIT REQUIREMENTS; AMENDING SECTION 9.02.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMIT; EXEMPTING THE REMOVAL OF TREES ON RESIDENTIAL PROPERTIES IN ACCORDANCE WITH SECTION 163.045, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Campione mentioned that recently, a constituent had asked her about tree clearing on a vacant parcel that did not have a home on it and that they were concerned when they learned that they could not perform this. She relayed that Mr. McClendon had indicated that the County had an exception for clearing trees in order to create access into a property but that the trees could not be thinned out. She proposed for future consideration if there would be times where a property was so heavily wooded or if there was a certain threshold where the County could accommodate some thinning of trees. She relayed that she also had a property where the trees were unhealthy due to being so dense and she thought that thinning the trees could be positive in that situation.

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. Parks agreed that there were properties where trees grew too close together and that this could be detrimental. He wondered if there would be a way to balance the science and the property rights and to allow for a professional opinion to indicate if a property would need to be thinned out. He also felt that staff could determine this.

Mr. McClendon said that the eight criteria that they issued tree clearance permits for included the thinning of trees for non-bona-fide silviculture operations or the thinning of trees in order to increase light or air circulation for the purpose of improving health conditions or to prevent diseases; furthermore, he said that an individual could remove up to 25 percent of those grouped trees. He indicated that the Lake County Office of Planning and Zoning could assist the constituent, that there were multiple avenues to gain access to the property that Commissioner Campione had contacted him about, and that he could reach back out to that individual.

Commr. Campione said that she understood that the County wanted to protect trees but she thought that there needed to be a balance where an individual could use their property without having a situation where they could clear cut everything. She felt that being able to remove up to 25 percent of grouped trees was a reasonable provision to accommodate that situation.

Commr. Blake mentioned that he was aware of a recent situation on a residential property where an arborist had confirmed that there was an infestation and that the trees were unhealthy but that there was an issue with the Lake County code when trying to address this. He indicated interest in further discussion regarding this item in the future.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved to adopt and execute Ordinance 2019-61 amending Sections 9.02.04 and 9.02.05, Lake County Code, Appendix E, Land Development Regulations, entitled “Exemptions to Tree Removal Permit Requirements,” and “Criteria for Issuance of Tree Removal Permit,” respectively, and exempting the removal of trees on residential properties in accordance with Section 163.045, Florida Statutes.

public hearing –montverde academy issuance of bonds

Commr. Campione said that this would be a Tax Equality and Fiscal Responsibility Act (TEFRA) hearing for the Montverde Academy Project’s issuance of the Florida Educational Facilities Revenue Bonds.

Ms. Marsh explained that Montverde Academy was using a tax exempt bond for the expansion to their facility and that it had gone through the County’s bond council; however, they were required to have this public hearing and allow members of the public to comment on the issuance of the bonds. She clarified that there was no responsibility, liability or obligation on the part of the County even though the bonds were being issued under Lake County’s name; furthermore, the bonds had to be issued through the County’s name because they were tax exempt.

The Chairman opened the public hearing.

Mr. Jochim thanked Ms. Marsh for clarifying that the County had no responsibility for this item, and he suggested that this information be included as part of the agenda description for similar items in the future.

Commr. Campione felt that this was a good recommendation to inform individuals looking at the agenda. She noted that the County was the pass-through organization and that there had been several of these cases. She felt that the projects were exceptional and contributed to the quality of life and the economy of Lake County.

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

Commr. Parks recused himself from the vote and indicated that he had served Montverde Academy in an advisory role, though he noted that there was no financial gain.

On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a vote of 3-0, the Board approved to hold a Tax Equality and Fiscal Responsibility Act (TEFRA) Public Hearing regarding the Montverde Academy Project’s issuance of the Florida Educational Facilities Revenue Bonds, Series 2019, and the project financed with the proceeds, and to adopt Resolution 2019-157 approving the issuance of the Bonds in the aggregate principal amount not to exceed $6,000,000.00 solely for the purposes of Section 147(f) of the Internal Revenue Code.

Commr. Parks abstained from voting.

regular agenda

updated east lake sports and community complex master plan

Mr. Bobby Bonilla, Director for the Office of Parks and Trails, said that the purpose of this presentation was to provide the Board with an update on the East Lake Sports and Community Complex Master Plan. He recalled that in September 2018, the BCC adopted the Parks and Trails Master Plans which included increasing the level of services from four acres to ten acres per 1,000 residents, which was consistent with the National Recreation and Parks Association standards. He displayed the levels of service and the facilities maintained by the Office of Parks and Trails, and he said that they strove to enhance the economy, tourism, health, alternative transportation, recreation and conservation. He indicated that part of the Trails Master Plan was done with the intent of providing a long term vision and bringing it into a short term focus with a realistic and practical approach to connectivity between parks, neighborhood schools, town centers, libraries, and surrounding counties. He shared that currently, the county had 52 miles of existing paved trails with 169 miles being planned, under design or under construction; additionally, there were 173 miles of conceptual trails. He specified that the 169 miles included the Wekiva Trail, part of the Florida Coast-to-Coast Trail, the North Lake Trail, the Tav-Dora Trail and the Citrus Grove Trail. He showed a map with trails in northeast Lake County which were part of the Trails Master Plan, including the Tav-Dora Trail, the Wekiva Trail, and the Neighborhood Lakes Trail, along with some of the connections and destinations. He commented that the Trails Master Plan had evolved to be an effective planning tool and noted that the East Lake Sports and Community Complex was at the epicenter of the Wekiva Trail corridor, which was approximately 15 miles in length from the City of Mount Dora to Seminole County and connected south to the West Orange Trail. He pointed out that the East Lake Sports and Community Complex was adjacent to Sorrento Elementary School, was north of SR 46, was accessible from Wallick Road, and had access to major transportation corridors. He provided this background information for the East Lake Sports and Community Complex: in 2006, the County purchased 49 acres for the park; in 2008, the County entered into a partnership with the Lake County School Board and sold 15 acres to them for $1 million; in 2013, the County opened the facility with limited amenities; and since the County had taken over the property, they were able to use Infrastructure Sales Tax funds for the park. He mentioned that the sales tax fund that was reauthorized in 2018 was the first time that the Office of Parks and Trails was able to receive an amount greater than $350,000 which had been a great help to accelerate the improvements for the facilities. He also mentioned that in 2016, the County purchased 41 acres for the park expansion property to expand the park and to be used as a segment of the Wekiva Trail - Segment 2. He then displayed the existing approved East Lake Sports and Community Complex master plan that was approved by the BCC on March 27, 2018. He explained that at that time, his office used the library and fire station as a placeholder in the 34 acres knowing that they would come back to the Board with the grand master plan to include the additional 41 acres. He remarked that since opening the park in 2013, it had hosted more than 11,000 sports related events. He specified that the softball and baseball events accounted for 32 percent, and the soccer events accounted for 64 percent with only three multipurpose fields. He added that in recent years, they were able to add lighting to allow more flexibility for teams to play in the facilities, and that the remaining four percent of events were for football events. He said that last year, they added vehicle counters to the main and rear entries to the park, and he displayed data from 2019, noting it totaled about 81,000 vehicles and an estimated 243,000 visitors in six months with a limited parking area and limited amenities. He then showed the existing park master plan as compared to the master plan recommended by stakeholders. He explained that there were two softball fields and two baseball fields on the existing plan, while there would be a quad of baseball and softball fields on the new plan. He reiterated that the soccer fields had twice as much usage as the baseball fields and that there would be four new multipurpose fields on the 41 acres. He added that there was a final location for the fire station that would include utilities, and the library would be in the middle section of the original 34 acres and would be accompanied by an additional parking area. He said that this parking area was originally planned to be tennis courts which had since been moved to the 41 acres. He relayed that the park would eventually have over 1,100 parking spaces, and he pointed out the location of a dog park on the east side of the 41 acres. He mentioned that pickleball courts were needed in Lake County and that this could be accommodated on the 41 acres. He recalled that in September 2019, the Board approved the next phase of development which included the concession and restroom buildings, additional paid parking in the 34 acres, and the walkway system throughout the 34 acres, which would bring that property to substantial completion. He relayed the following staff analysis: the recommended Master Plan was developed with input and support from the community and stakeholders; there was a need for additional sports fields and facilities in east Lake County; the plan would provide the opportunity for additional facilities and programs to be realized along with significant savings; would help enhance level of service as population continued to increase; would protect and improve quality of life consistent with the expenditure of the sales tax funding; was consistent with the adopted Parks and Trails Master Plan; and at their July 2019 meeting, the Parks, Recreation and Trails Advisory Board voted unanimously to support the recommended East Lake Sports and Community Complex Master Plan. He provided these highlights for the recommended master plan: seven multi-use fields; four youth baseball fields; four softball fields; two adult baseball fields; tennis, pickleball, basketball and volleyball facilities; restrooms; playgrounds; a dog park; the fire station; the East Lake County Library; the Wekiva Trail; and the walkway system. He then listed these next steps: Fire Station 39 was currently under design and scheduled for construction next year; for the East Lake County Library, the County was still working to identify and secure funding, which could be impact fee and sales tax revenue; the County would need to rezone the 41 acres, which were currently zoned as Agriculture, to CFD; continue to work with the original architects and engineers of record; and to bring before the Board the amended agreement for their consideration in early 2020. He concluded by requesting approval of the recommended East Lake Sports and Community Complex Master Plan.

Commr. Campione thought that this was a great presentation and that a significant amount of work had gone into the master plan. She relayed her understanding that this was discussed with the community and the stakeholders and that a considerable amount of input had been received from the public. She felt that it had been vetted by many people and said that she appreciated the effort in ensuring that the plan was consistent with the community’s vision.

Commr. Parks relayed that there had been positive feedback from individuals who used the park system and expressed his support for the master plan. He felt that it was needed due to the growth occurring in east Lake County and that it would support quality of life. He also thought that it would support individuals who wanted to operate their businesses in a community with good quality of life and that the proposal fit with the BCC’s goals and objectives for the county.

Mr. Bonilla felt that there was a great relationship with the East Lake community. He acknowledged that other individuals had key roles with this project including the Lake County Office of Planning and Zoning, Mr. Tony Lopresto, Director for the Office of Building Services, the County Attorney’s Office, and the Lake County Office of Procurement Services.

Commr. Campione mentioned that Sorrento and Mt. Plymouth were not municipalities and indicated an understanding that they did not want to become municipalities. She thought that they enjoyed being a rural community and that the park was a focal point of connectivity for the community.

Commr. Sullivan said that he had visited the park on numerous occasions and relayed that he had been asked about when it would be expanded. He felt that they did a great job there and that the park compared favorably with other Central Florida baseball parks. He thought that awareness of the park was spreading and that with the expansion, the fields could be used for other organizations that came there.

Commr. Campione noted that the Lake-Sumter MPO recently received funding for right of way acquisition for the trail from the terminus on the Wekiva Parkway westward and to the trailhead. She asked about the fire station and the library and if there was a timeframe for those items.

Mr. Cole explained that the fire station was moving forward, that it was funded, and that the County expected construction to occur in 2020. He said that the library was a priority for the Lake County Library System and that they would set aside funding in the Infrastructure Sales Tax starting in fall 2020; additionally, the County would be seeking grant funding and library impact fee funding.

Commr. Campione requested that staff continue to communicate with the East Lake Chamber of Commerce because they relied on a lease for the current library location. She felt that they were pleased with the eventual change but that it was important to inform them about this item. She said that she expected there to be interest in their property due to its location in relation to the CR 437 realignment and other activities near the property. She thought that they could possibly want to sell the property and that the County could accommodate a transition by continuing to communicate with them.

Mr. Cole confirmed that communication would be kept open with them and that once the County knew more about additional funding, they would have a better timeframe. He added that the sales tax funding that they would set aside was not adequate to construct the needed facility, and he thought that the County was several years out from breaking ground.

Commr. Parks opined that this was a great co-location and he complimented the planning.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved the updated Master Plan for the East Lake Sports and Community Complex.

reports

county attorney

STATE ROAD 44 FISH FARM

Ms. Marsh relayed that it had been brought to the County’s attention that the fish farm on SR 44, which currently had an aquaculture certificate, had begun excavating on an adjacent property that they owned. She said that they did not have any approvals for this and that the County would be pursing legal action against them so that they would not irreparably damage the property without the proper approvals.

county manager

NEW OFFICE OF COMMUNICATIONS DIRECTOR

Mr. Cole introduced Mr. Levar Cooper, the new Director for the Office of Communications, who had been with Lake County for about five years and began his new position last week.

STATE OF THE COUNTY PRESENTATION

Mr. Cole shared that the annual State of the County presentation would be held at the beginning of the Board’s December 3, 2019 meeting. He commented that Commissioner Campione had conducted some great interviews for this, that they had invited people from throughout the community to attend, and that there would be a reception afterward.

Commr. Campione asked if the invitation could be forwarded to the Commissioners so that they could send out personal notes along with it, and Mr. Cole said that this could be done.

THANKSGIVING HOLIDAY

Mr. Cole noted that County offices would be closed for the Thanksgiving holidays on November 28 and 29, 2019.

commissioners reports

commissioner sullivan – district 1

LAKE COUNTY STAND DOWN EVENT

Commr. Sullivan remarked that he had attended the Lake County Stand Down event. He relayed that the event was a huge success and that he looked forward to seeing the results. He recognized the staff that supported it and felt that it was a great event that was well organized. He also said that there were many volunteers there who met with homeless veterans and other homeless individuals.

commissioner parks – district 2

CITRUS GROVE ROAD RIBBON CUTTING

Commr. Parks thanked Mr. Cole, the Lake County Public Works Department, and the Office of Communications for the Citrus Grove Road ribbon cutting.

PLANNING AND ZONING BOARD

Commr. Parks relayed that the Planning and Zoning Board member from his commission district and some constituents had expressed questions about the Planning and Zoning Board’s purview. He requested that the BCC consider providing an explanation to the Planning and Zoning Board about their function.

Commr. Campione felt that this was important because the Planning and Zoning Board represented the BCC even though they made their own decisions. She also thought that it was important to have a level of protocol for the purpose that they served as an advisory board.

Commr. Parks commented that there were some great professionals who worked for the County who put their credentials on the line when they presented information. He thought that having the Planning and Zoning Board understand this could be helpful.

Commr. Sullivan expressed support for also doing this for the Lake County Tourist Development Council (TDC). He noted that the funding that was recently approved at the TDC level was substantially different than what the BCC had approved, and he mentioned the staff time that went into this process.

Mr. Cole indicated that staff could follow up on these requests.

HAPPY THANKSGIVING

Commr. Parks wished everyone a Happy Thanksgiving.

COMMISSIONER BLAKE – DISTRICT 5

HAPPY THANKSGIVING

Commr. Blake wished a Happy Thanksgiving to everybody and hoped they enjoyed their time with family.

commissioner campione – CHAIRMAN AND district 4

LAKE COUNTY TRAILS EVENT

Commr. Campione mentioned that the Lake 100, the Lake County League of Cities and the Lake County Chamber Alliance recently had a great event at Lake-Sumter State College about trails that she and Commissioner Sullivan attended. She added that Mr. Darren Gray, Clermont City Manager, also attended to discuss the South Lake Trail in the City of Clermont, and she felt that it was impressive to see the economic activity around downtown Clermont and how they were able to use a stormwater project to facilitate new development there. She commented that this supported the trail system and the economic benefits that came with it, along with supporting the Florida Coast-to-Coast Trail system. She felt that there was significant support for trails and that these items were falling into place. She remarked that for the Lake Apopka Loop Trail, Representative Anthony Sabatini had sponsored a bill that would help fund a gap in the trail. She also shared that Mr. Cole had a discussion with the Mayor of Minneola about trying to address issues of connectivity and accessibility for the trail system for some neighborhoods in the City of Minneola.

HAPPY THANKSGIVING

Commr. Campione wished everyone a Happy Thanksgiving.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:20 p.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK