A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

december 3, 2019

The Lake County Board of County Commissioners met in regular session on Tuesday, December 3, 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; 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; Kristy Mullane, Chief Financial Officer; and Kathleen Bregel, Deputy Clerk.

welcome

Commr. Campione welcomed everyone to the 2019 State of the County address and shared her appreciation for the many city, state and federal government representatives as well as community leaders who were present.

INVOCATION and pledge

Pastor Pedro Linares from LifePointe Church in the City of Eustis gave the Invocation and Lake County Sheriff Peyton Grinnell led the Pledge of Allegiance.

2019 women’s hall of fame

Commr. Campione mentioned that former County Commissioner Catherine Hanson was present in the meeting and was the Commissioner who started the Women’s Hall of Fame program.

Commr. Breeden remarked that it was an honor to be able to announce this year’s inductee into the Women’s Hall of Fame, Ms. Kyleen Fischer. She commented that in 1995, the Lake County Board of County Commissioners (BCC) created the Lake County Women’s Hall of Fame in order to recognize those who had made significant achievements within the county in the fields of art, agriculture, business, community service, environment, government, healthcare, humanities, philanthropy, science and education. She relayed that the women inducted into the Woman’s Hall of Fame had been nominated by friends, relatives and residents who admired and respected the great works of the nominee and the impact they had made to local history. She then thanked the members of the Women’s Hall of Fame selection committee who have the task each year to review nominations and make recommendations to the BCC. She stated that today they were honoring the late Ms. Kyleen Fischer, a former Umatilla City Councilmember, Lake County School Board member, and a champion for children’s education and enrichment. She commented that Ms. Fischer’s induction into the Women’s Hall of Fame was something that the Board and residents could be proud of due to the integral role she played in transforming the lives of Lake County’s youth. She said that Ms. Fischer was being honored not just because she was an influential and dedicated woman, but because she devoted her life to providing emotional and educational support to Lake County’s children, at-risk youth, and adults. She indicated that Ms. Fischer was the first female in 22 years to be elected to the Umatilla City Council, began her political career in 1980 as a staunch advocate of public education, and was elected to the Lake County School Board in 1982 and served a total of 24 years on this board. She related that Ms. Fischer was commended for spearheading anti-bullying and school bus safety policies, championed Lake Hills School in the Town of Howey-in-the-Hills for students with special needs, and was also instrumental in establishing smart school construction which saved the Lake County School Board millions of dollars in building construction costs. She said that Ms. Fischer led the way for the opening of Alee Academy Charter School in the City of Eustis which was an alternative school that allowed high school students the opportunity to continue a path towards graduation. She relayed that outside of her accomplishments on the school board, Ms. Fischer advocated for youth and adults who battled with substance abuse, and that her contributions to LifeStream Behavioral Center’s treatment alternatives for safer communities program provided targeted intervention for teens and adults through counseling and education. She stated that as a criminal justice addiction specialist, Ms. Fischer often served as the court and government liaison to coordinate substance abuse prevention awareness throughout the community. She noted that United States Senator Marco Rubio extended condolences for Ms. Fischer’s passing in 2016, and wrote that Ms. Fischer’s 24 year tenure with the school board was a testament to her passion for serving others and advocating for education in our state. She remarked that Ms. Fischer will be forever remembered by all those whose lives she touched throughout her leadership in her community for her dedication, compassion and perseverance, noting that she exemplified traits that we all should continue to strive for every day. She then presented the induction award to Ms. Fischer’s children and grandchild, and invited them to join in dedicating her portrait to the Lake County Women’s Hall of Fame.

Commr. Campione remarked that Ms. Fischer was very special to her due to her dedication to educating others, her passion and heart, and for the difference she made in the community.

introductions

Commr. Campione introduced the Lake County Board of County Commissioners and mentioned what a pleasure it was to serve with them, and said that she appreciated their engagement in the community and dedication to the county. She then recognized the Constitutional Officers, the various city elected officials, representatives from the State Congress Offices, and members from community organizations who were present at the meeting. She commented that even though Lake County was a diverse community, she believed that each entity shared the same core values of caring and helping those in need, promoting justice and due process, and being compassionate and willing to lend assistance.

state of the county presentation

Commr. Campione introduced the 2019 State of the County presentation, “Lake County on the Move,” and remarked how this theme tied into not only transportation projects that were addressed this year and were such a key part of the community, economic development, job creation and convenience for quality of life, but that it also reflected how Lake County had so many priorities happening at the same time which all worked together and were important for improving the county. She shared that the video would highlight what had been happening throughout the year, and she thanked everyone for what they do within their area to make Lake County the best it can be.

The video started with Commissioner Campione stating that the County had an extraordinary year and had made significant strides in areas such as business development and job creation, public safety, and service to the residents of Lake County. She commented that Lake County was a diverse county, and although viewpoints on issues may differ at times, the county was unified in their resolve on the core values that unite the county such as looking out for those in need, providing children with a safe and nurturing place to learn, protecting natural resources, promoting healthy recreational opportunities for residents so they can enjoy life in Lake County, assuring excellent training and education is available to anyone who wants to better themselves, facilitating a strong economy with diverse job opportunities, and ensuring our judicial institutions are fair and equally protect everyone. The video then showed Mr. Jeff Cole, County Manager, along with Ms. Whitney Boylston, Director for the Office of Animal Services, on the grounds of the new Lake County Animal Shelter location which the County broke ground on in 2019 with it projected to be finished in the fall of 2020. Ms. Boylston remarked that the new animal shelter would embrace the current best practices in animal sheltering in order to provide the healthiest and most stress-free possible experience for homeless pets as they waited to be adopted; furthermore, she said her staff looked forward to serving pets and county residents even better with the new shelter. Mr. Cole continued in the video by mentioning that public safety was a focus in 2019, and that the County completed the transition of Lake Emergency Medical Services (EMS) into the County organization, noting that it had become the Office of EMS. Mr. Jerry Smith, Director for the Office of EMS, commented on the video that the integration into County operations included bringing office staff, dispatch center staff, and support services staff into one area which produced better efficiencies that were reinvested into the field; additionally, he shared that the office was purchasing another ambulance which would enable a unit to be available at night when call volume had increased. Mr. Cole then reported that through a million dollar grant from the federal government, the County was able to add additional firefighters to the Office of Fire Rescue which decreased response times and allowed a third firefighter to be added to fire trucks in the busiest areas of Lake County. Mr. Jim Dickerson, Fire Chief for the Office of Fire Rescue, showcased on the video the first rural rescue for Lake County which was added in 2019, noting that the plan was to add more throughout the county due to its success. Mr. Cole then stated on the video that resources continued to be invested in building new roads and resurfacing roads in the county in order to keep up with growth, with a plan for more to be done in 2020. Mr. Fred Schneider, Director for the Public Works Department, showcased the new Citrus Grove Road Phase 1 on the video and explained that this project was an example of a public-private partnership and included the Florida Department of Transportation, Lake County, the City of Minneola, and local landowners; furthermore, he said that once it was completed, the roadway would extend from U.S. 27 east to North Hancock Road with access to the Minneola Florida Turnpike Interchange, noting that the roadway had sidewalks, bike lanes and a multi-use trail. Commissioner Breeden then spoke on the video and said that the County preferred to put the infrastructure in place prior to development, and that this new roadway would provide for better development access and would attract both commercial and residential properties due to its convenience to the Florida Turnpike and easy access to the City of Orlando and other areas within the state. Commissioner Parks also appeared on the video and complimented the Lake County Public Works Department staff for all their hard work and efforts to get the job done safely. Mr. Cole then indicated on the video that economic development continued to be a high priority for Lake County with staff working to assist local businesses and working to bring new businesses into the county. He then introduced Mr. Brandon Matulka, Executive Director for the Agency for Economic Prosperity, while standing on the construction site of the future Kroger-Ocado facility and asked him to explain this partnership and endeavor. Mr. Matulka relayed that the Agency for Economic Prosperity had a successful year with one of the biggest accomplishments being the new site for the Kroger-Ocado customer fulfillment center located in the City of Groveland, noting that this facility and project was the culmination of a lot of collaborative effort between the Lake County Board of County Commissioners, the City of Groveland and the Office of Elevate Lake staff; furthermore, he stated that upon its completion, the 350,000 square foot facility would account for approximately $125 million of capital investment between the building and the high end robotic technology which would make its operation unique and would create about 300 to 400 new high wage, high quality jobs in the county. Commissioner Sullivan also commented on the video how this endeavor was a tribute to the citizens of Lake County and its partners, and would help the economy grow by bringing in multiple jobs. The video then displayed Commissioner Blake speaking at the grand opening of the Fruitland Park Library, noting that the Lake County Library System had over a million items in circulation over the previous year with 35,000 of that being at the Fruitland Park Library which provided a high level of service to residents. The video then showed Mr. Glen Guzman, Director for the Office of Code Enforcement, who stated that the goal of their office was protecting property rights and values, ensuring health and safety, and encouraging residents through education on Lake County codes in order to maintain a higher quality of life. He said that they also worked closely with the County Attorney’s Office to address property conditions and move swiftly when legally authorized to do so to acquire properties in poor condition in order to demolish them and allow construction for new homes so that families would feel proud of where they lived and to call Lake County their home. The video then provided a recap of these accomplishments for the County for the 2019 year: Lake County Commissioners and staff collaborated with municipal partners and stakeholders to complete various countywide improvement projects which set the course for a successful year for business, job creation, and education initiatives; adopted a new county logo created by the Office of Communications with imagery that encompassed Lake County’s small town charm and quality of life; the Office of Parks and Trails opened six pickleball courts in P.E.A.R. Park with a total of 12 courts so that residents and visitors could now enjoy one of the fastest growing outdoor recreation activities; the Office of Transit Services launched its mobile ticketing service, allowing riders to purchase fares via a mobile phone application which increased accessibility for the estimated 75 percent of LakeXpress customers who own a smartphone; hundreds of law enforcement and fire service vehicles were outfitted with new radios by the Office of Public Safety Support which allows emergency personnel to better communicate with other agencies in the field while increasing safety and decreasing response times; the Information Technology Department provided Americans with Disabilities Act (ADA) training to staff, ensuring that records and documents that are accessed by the public online are ADA compliant; the Office of Emergency Management coordinated emergency operations during Hurricane Dorian and activated the Emergency Operations Center to a Level 1 with staff and volunteers answering nearly 3,000 calls to the Citizen Information Line; the Office of Visit Lake hosted the grand opening of the Hickory Point Beach Athletics Center which complimented the State of Florida’s largest permanent sand volleyball complex and expanded the County’s sports tourism industry by attracting tournaments from across the country; and the County created a monument remembering the Groveland Four to be placed on the grounds of the Historic Lake County Courthouse. The video ended with Commissioner Campione commenting that Lake County was growing, planning and preparing for the future, seeking to protect citizens’ tax dollars, understanding limitations while addressing efficiencies when able, and working hard to provide quality services to the residents of Lake County.

Commr. Campione then remarked that one of the key components of economic development in Lake County was connecting the business and education community, noting that the county had great education partners who provided the type of training that the workforce needed. She then recognized the Lake County School District and Lake Technical College for their programs which assist with this endeavor.

intermission and refreshments

Commr. Campione thanked everyone for attending the State of the County presentation and invited them to enjoy refreshments in the rotunda. She then recessed the meeting for approximately 45 minutes.

Agenda update

Mr. Cole stated that for Tab 11, staff was notified late the previous afternoon by CareerSource Central Florida that they wished to make some changes to the contract; therefore, he requested for the Board to not vote on this item today in order for it to be brought back at a later time for consideration.

election of chairman and vice chairman

Commr. Campione shared her appreciation for her time serving as the Chairman of the Board and for the support and involvement of all the Commissioners.

Commr. Blake commended Commissioner Campione for her steady leadership over the previous year and for the manner in which she handled difficult issues throughout the year.

Commr. Parks remarked that he thought that Commissioner Campione had done a great job as Chairman and agreed that she had navigated the Board through some difficult decisions; however, he said that after reviewing previous practices, he supported having the Chairman position rotate.

Commr. Campione expressed understanding for that thought process but also said that she was willing to continue on in the leadership role since there were several key items that the Board was still in the middle of working through.

Commr. Breeden relayed appreciation for Commissioner Campione’s leadership, noting that she agreed that she had done a good job at guiding the Board through some good as well as some challenging issues this year. She mentioned that there had been times when a Commissioner did serve two years as the Chairman and that she would support Commissioner Campione’s continued service.

Commr. Sullivan opined that with the many projects taking place, he would agree that continuity would be important at this point and that he would support Commissioner Campione continuing to serve as the Chairman.

On a motion by Commr. Blake, seconded by Commr. Breeden, and carried by a 4-1 vote, the Board approved for Commissioner Campione to continue serving as the Chairman of the Board.

Commr. Parks voted no.

Commr. Campione noted that Commissioner Breeden was very consistent in her support and attendance at city, business, chamber and county events.

On a motion by Commr. Blake, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved for Commissioner Breeden to continue serving as the Vice Chairman of the Board.

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 for the Board of County Commissioners (BCC) meetings of October 8, 2019 (Regular Meeting) and October 9, 2019 (Special Meeting) as presented.

employee service awards

Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached service milestones in their careers with Lake County as follows:

EMPLOYEE AWARDS

FIVE YEARS

Philip Vibert, Equipment Operator III (not present)

Public Works Department, Road Operations

FIFTEEN YEARS

John Bennett, Fire Lieutenant/ Paramedic

Office of Fire Rescue

Stephanie Glass, Human Services Coordinator (not present)

Office of Housing and Human Services

TWENTY YEARS

Jeff Johnson, Roads Superintendent

Public Works Department, Road Operations

RETIREMENTS

THIRTEEN YEARS

Patricia Cotoia, Office Associate III (not present)

Public Works Department, Solid Waste

TWENTY-NINE YEARS

Robert Baker, Contract Technician (not present)

Public Works Department, Road Operations

STAFF RECOGNITION

Brooke Moffis, Extension Agent III

Office of Extension Services

Distinguished Service Award from the National Association of County Agricultural Agents

Ms. Megan Mann, Director for the Office of Extension Services, commented that Ms. Brooke Moffis had been a faculty member of the University of Florida’s cooperative extension service for 13 years, and had served the past seven years with the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Lake County Extension where she provided leadership for a large residential horticulture program and oversaw the operations of the Discovery Gardens educational garden. She relayed that Ms. Moffis was an excellent educator, a knowledgeable scientist, and a passionate agent of change, noting that her outstanding achievements were recently recognized by the National Association of County Agricultural Agents with a distinguished service award. She explained that this award was bestowed upon the top two percent of extension agents nationwide and recognized faculty members who have conducted exceptional educational programs that have had a meaningful impact on their communities, who have demonstrated scholarly expertise in their subject matter area, and are held in high esteem by their colleagues across the country. She stated that Ms. Moffis was certainly deserving of this honor and that Lake County was fortunate to call her one of their own. She then congratulated Ms. Moffis and presented her with the award.

citizen question and comment period

Mr. Frank Wood, a City of Tavares resident, remarked that he had lived in Lake County since 1980 and chose to raise his family here due to the county’s natural beauty and growth opportunities, noting that he felt the state of the county continued to improve and that there was much to be proud of; however, he opined that the proposed Confederate General Edmund Kirby Smith statue was an exception to this. He implied that no other area in the State of Florida wanted this statue and that only Lake County was willing to receive it which was done by a divided vote. He thought that this statue was not appropriate for Lake County, that many citizens marched against the statue while no one marched to support it, and that several Lake County Cities had passed resolutions against the statue. He believed that the State had other options for the placement of this statue and that bringing it here would cause division in Lake County which he opined was not good for business, the community nor the county’s reputation. He urged the BCC to reject this statue.

Mr. Rick Ault, a concerned Lake County citizen, shared concerns with the condition of bike lanes throughout the county and accessibility for bikes. He mentioned that he utilized his bike to run errands and relayed that many of the bike lanes were not well maintained which he felt could be a safety hazard, and that many businesses did not recognize the need for bike racks. He suggested that there be a zoning regulation added to require bike racks, and that the bike lanes be better maintained.

Commr. Campione responded that staff would work with the city street sweepers and would talk to public works regarding this matter. She asked for Mr. Ault to email specific areas of concern to the County.

Commr. Parks suggested including a way to notify the County of bike lane issues when they work to develop their roadway reporting application.

Mr. Cole asked for Mr. Schneider to speak with Mr. Ault to identify the specific locations which he was referencing so that staff could address the concerns or work with the municipality to fix any issues.

Ms. Mae Hazelton, a Lake County citizen, expressed opposition to the Confederate General Edmund Kirby Smith statue coming to Lake County. She relayed her desire for the BCC to stand up for the people who were against the statue; additionally, she opined that the process by which the statue was chosen to come to the county was inappropriate and that misinformation was passed along to the citizens.

Pastor Michael Watkins, with Friendship CME Church in the City of Tavares, thanked the BCC for all their work for the county. He shared that his church had recently hosted an event to feed the homeless and he asked for the Board to consider a shelter for the homeless since they had approved a new animal shelter. He expressed concerns for Lake County’s reputation if the Confederate General Edmund Kirby Smith statue was brought to the county and he asked that no County funding be given to assist with the statue transition.

Mr. Vance Jochim, a Lake County resident, congratulated Commissioners Campione and Breeden for their reelections as Chairman and Vice Chairman, thanked the County for the great State of the County presentation, and complimented Ms. Brooke Moffis, who was recognized during staff recognition, for her enthusiastic and informative plant classes. He also thanked the Board for addressing and attempting to solve big issues such as the noise ordinance, homelessness, and canal dredging. He then suggested developing a system where people would be able to call in and report on road issues, and to revamp the road studies to include citizen input.

Commr. Campione informed Mr. Jochim that the County was planning to develop on the County website a way through which residents could view roads in the county to see if they were City, County or State maintained, and be able to view roads that were scheduled to be repaired or built; additionally, she relayed that they were also working on an application where citizens could report any unsafe conditions.

Mr. Cole added that staff was aware of the various requests and explained that many staff resources had recently been focused on revamping the County website; therefore, these particular requests had been delayed but that staff would be addressing them.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 and 2, 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 Fruitland Park Ordinance

Request to acknowledge receipt from the City of Fruitland Park Ordinance 2019-008, amending the boundaries of the city.

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 17, pulling Tab 11, as follows:

COUNTY ATTORNEY

Request approval to:

1. Terminate the Lease Agreement with Etheredge Limited Partnership for the Lake County Health Department (DOH) space located at 3261 Highway 27/441 in Fruitland Park, as requested by the DOH.

2. Terminate the Interlocal Agreement the Lake County DOH for Commercial Office Space.

3. Donate the related equipment used by the DOH to an appropriate charitable organization and/or public sector entity as determined by the County Manager.

The estimated annualized savings is $50,000.00.

Request approval to hold a Closed Session of the Board of County Commissioners on December 20, 2019, to discuss DTR Leasing Corporation vs. Lake County, Florida. There is no fiscal impact.

Request approval regarding the following County-owned properties:

1. Accept an Offer to Purchase on Alternate Key 1388392.

2. Donate Alternate Key 2666820 to the First Assembly of God of Eustis and authorize the Chairman to execute associated Resolution 2019-160.

3. Authorize the Chairman to execute any necessary closing documents.

The total fiscal impact is $300.00 (revenue). Commission Districts 3 and 4.

ADMINISTRATIVE SERVICES

Extension Services

Request approval of the University of Florida's recommendation that Brooke Moffis be hired as Extension Agent III, Urban/Commercial Horticulture and 4-H Youth Development Program, in the Office of Extension Services. The annual fiscal impact to Lake County is $36,783.00 (expenditure).

Management and Budget

Request approval of payment to the Florida Association of Counties for Lake County's fiscal year 2020 membership dues. The fiscal impact is $31,581.00 (expenditure).

HUMAN RESOURCES AND RISK MANAGEMENT

Request approval of a bodily injury settlement claim for Frances Armstrong, and approval to accept the estimated insurance payment as reimbursement for expenses over the self-insured retention amount of $50,000.00. The net fiscal impact is $50,000.00 (expenditure/revenue - $85,455.00 expenditure for the settlement and legal fees, and $35,455.00 in revenue for insurance reimbursement).

AGENCY FOR ECONOMIC PROSPERITY

Request approval to exercise the option to extend the Interlocal Agreement with the City of Mount Dora regarding consulting services for the Wolf Branch Innovation District for an additional 12-month period. The fiscal impact is $50,000.00 (expenditure). Commission District 4.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Medical Services

Request approval of Teleflex LLC (Morrisville, NC) as the sole source provider of supplies for the battery-powered Arrow EZ-IO Intraosseous Vascular Access System used by the Office of Emergency Medical Services, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $57,500.00 (expenditure).

Fire Rescue

Request approval of Contract 20-0703 with Mullinax Ford of Central Florida, Inc. (Apopka, FL) to provide six new brush trucks for the Office of Fire Rescue and authorization for the Office of Procurement Services to execute all supporting documentation. The fiscal impact is $595,117.50 (expenditure).

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval of Contract 20-0504 with General Mechanical Corporation (Daytona Beach, FL) to add chilled water piping from the North Central Energy Plant to the South Central Energy Plant. The fiscal impact is $931,930.00 (expenditure). Commission District 3.

Housing and Human Services

Request approval of the Annual State Housing Initiatives Partnership Closeout Report for fiscal year 2016 and execution of the Local Housing Incentives Certification. There is no fiscal impact.

Public Works

Request approval of Resolution 2019-158 supporting the Lake County list of projects to be included on the Lake-Sumter Metropolitan Planning Organization's List of Priority Projects. There is no fiscal impact.

Request approval to:

1. Apply for a Florida Department of Transportation Drive It Home grant for the Keep Lake Beautiful program.

2. Authorize the County Manager to execute award documents.

3. Execute Unanticipated Revenue Resolution 2019-159 to amend the Fiscal Year (FY) 2020 Budget.

The fiscal impact for FY 2020 is $16,000.00 (revenue).

Transit Services

Request approval of an agreement with the Central Florida Regional Transportation Authority (LYNX) for the continuation of the Link 55 fixed route bus service in South Lake County from October 1, 2019, through September 30, 2020. The fiscal impact is $283,500.00 (expenditure - 100% Federal Transportation Administration grant funded). Commission District 2.

public hearing: ordinance 2019-65 for library advisory board

Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, CHAPTER 12, ARTICLE III, SECTION 12-37, ENTITLED LIBRARY ADVISORY BOARD; AMENDING THE MEMBERSHIP TO INCLUDE THE CITY OF EUSTIS; AMENDING THE TERM AND MANNER OF APPOINTMENT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2019-65 amending Lake County Code, Chapter 12, Article III, Section 12-37, entitled Library Advisory Board, to add one additional member and one alternate member from the City of Eustis, and to modify members’ terms to four years from the date members are appointed.

regular agenda

noise ordinance workshop

Mr. Guzman provided the Board with an update on the noise control ordinance as compared to surrounding cities and counties. He recalled that on April 17, 2019, the Board directed staff to hold a noise ordinance workshop to address recent code enforcement complaints; additionally, the workshop was held on August 13, 2019 at which point the Board directed staff to gather further information from municipalities within Lake County and evaluate the possibility of participating in a countywide noise control ordinance. He then provided the following information regarding existing regulations: the current noise ordinance was located in Chapter 14, Article II, of the Lake County Code and prohibited excessive noises of amount/duration that may be injurious to human or animal life or property, prohibited the noise amount/level/duration as to annoy, disturb, injure or interfere with the health, peace or comfortable enjoyment of life, property or the conduct of business, and addressed sounds created within a municipality or county other than Lake County but can be detected within the unincorporated Lake County boundaries; the noise control ordinance is enforced by the Lake County Sheriff’s Office and Office of Code Enforcement via criminal and civil penalties, special master, or possibly injunctions or restraining orders; and several exemptions to the noise ordinance included emergency vehicles, emergency work related to public works, aircraft operated in conformity with Federal Aviation Administration (FAA) regulations, sounds from interstate motor rail carriers, sporting or special events, and agriculture related activities. He then displayed a chart depicting surrounding counties that utilized a noise control ordinance, noting that only four used a decibel reading with their ordinance and the other ten municipalities either had no ordinance at all or utilized the same standard as the County. He also showed a benchmark graph and map of surrounding counties that used a decibel enforcement with Sumter and Polk Counties being similar to Lake County, and the other surrounding counties utilizing a decibel reading system. He gave examples of various activities and what their decibel reading might be, noting that any decibel over 85 would be something that should require protection and 75 or below was acceptable without protection. He relayed that staff attended city and county managers’ meetings to discuss their current noise ordinance as well as potential changes, and that attendees advised County staff that since their current ordinances worked for them, they did not see a need for change at this time. He then presented two possible noise ordinance options and the pros and cons for each as follows: option one would be to continue with the current noise control ordinance with the pros being that there would be no fiscal impact and would be consistent with the majority of the municipalities, and one con would be that it was subjective to what is considered reasonable; and option two would be to amend the noise control ordinance to include decibel levels with a pro that it was scientifically based and measurable but the cons would be that it would require staff training and certification, the initial fiscal impact was estimated at $5,000, it required equipment maintenance and lab certification, and it would be subject to legal challenges on equipment, staff training and procedures.

Commr. Blake inquired if there was an accepted or uniform way among the municipalities to measure the decibels, such as from the property line, front door, or etc.

Mr. Guzman replied that when staff did their research statewide, they discovered that there was a variation of how it was measured with some from the property line, a dwelling unit, a certain amount of space, or from the complainant’s property.

Commr. Parks asked what the Sheriff’s Office thought regarding the ordinance and if they had an opinion on the decibel reading system.

Mr. Guzman responded that the Sheriff’s Office currently went by the reasonable method when addressing noise complaints, noting that typically when they get complaints about a party, they are able to go to the neighbor’s house having the party and ask them to reduce the noise and that generally works for them. He thought that the decibel reading system might be challenging for the Sheriff’s Office as it would require every deputy to have the equipment.

Commr. Parks inquired how extensive the training and certification would be for the decibel system and if it could be done online.

Mr. Guzman replied that all of the Office of Code Enforcement officers were State of Florida Association of Code Enforcement certified; furthermore, he said that within that organization there was a four hour training class which could provide the training to all County staff on site, noting that it typically came as a package to include the training and equipment and that recertification was required every two years.

Commr. Campione asked if the sheriff deputies could still use the subjective method and simply ask people to comply. She wondered if a hybrid approach could be utilized so that for industrial, commercial or repetitive cases decibel equipment could be used with the subjective method for parties and such.

Mr. Guzman indicated that they did utilize both methods, and stated that even with the current ordinance they had equipment that staff used as a gauge of what would be reasonable in order to make sure the noise level was not causing harm and was below what was acceptable; additionally, he said that staff acted on anything that might be a decibel reading of 85 or higher. He noted that most of the complaints were within the 50 to 70 decibel reading, with most closer to 50. He gave an example that an empty room would read at 60 decibels due to just air conditioning even with no one in the room. He summarized that code enforcement officers still used the equipment to get a gauge on what was happening in neighborhoods but was not something that they would utilize to actually cite someone.

Commr. Campione inquired if the current equipment they used was good and accurate.

Mr. Guzman responded that it was, noting that there were even applications available which would download decibel readings.

Commr. Campione asked how many complaints the Office of Code Enforcement received each year, and Mr. Guzman replied that it could vary with less than two dozen per year.

Commr. Blake inquired what kind of complaints they typically received.

Mr. Guzman responded that it was normally noises coming from someone utilizing a motocross vehicle on their property which he said was regulated by the State and that they could not stop someone for personal use on their property; additionally, he shared that they had some complaints from a commercial recreation facility as well. He added that most of the noise complaints they receive have been able to be resolved.

Commr. Parks mentioned that some of the noise complaints from that commercial recreational area was due to its proximity to residential areas, and suggested considering land use and buffering.

Commr. Breeden thanked Mr. Guzman and his staff for all their research. She said that she was unsure if the County needed to change the noise ordinance since there had only been two cases of concern, with one being industrial and the other agricultural and both next to residential areas, and since both cases had a threshold that did not meet the unreasonable levels. She felt that the County should address with the Cities the issues that can arise when they annex parcels which are close to industrial areas and the importance of having appropriate buffering in place. She recommended leaving the noise ordinance as it currently was written.

Commr. Parks remarked that he was undecided as he liked the scientific approach but also was interested in the hybrid version suggested by Commissioner Campione since it seemed like the current system was working well.

Mr. Guzman reiterated that the current equipment seemed to help people to understand the decibel levels and what was reasonable.

Commr. Campione asked what number was utilized as a threshold for the surrounding counties that used decibel levels, and Mr. Guzman replied that the charts ranged from 55 decibels for a quiet neighborhood at night to 75 decibels in industrial areas.

Commr. Breeden inquired what the decibel levels were for the two cases she mentioned earlier, and Mr. Guzman said that one was in the 60s and the other was in the low 50s.

Commr. Campione asked if the surrounding counties used the more advanced decibel readings that considered the frequency or pitch of the sound.

Mr. Guzman responded that it was very rare for a county to use anything other than an A weighting for frequency, noting that an A weighting was typically what could be heard with the human ear. He stated that he did not find that many counties that used the lower and higher frequency ratings.

Commr. Parks thought that the frequencies could be what was causing the noise to travel a longer distance even if the noise was not that loud.

Commr. Blake remarked that it appeared that the County already had a hybrid system currently with the way they were handling complaints with most municipalities taking similar approaches; therefore, he suggested leaving the ordinance as it was since there was already flexibility.

Commr. Campione opined that the decibels could be used when needed to prove a noise was above the acceptable 75 decibel rating.

Mr. Guzman indicated that staff would present decibel levels to the special magistrate when appropriate to demonstrate that ear protection was needed.

Commr. Sullivan commented that he agreed with the hybrid approach, noting that he thought the current ordinance was working well; however, he believed as the County continued to grow, having the proper equipment with certified technicians was important. He suggested placing the estimated amount needed for this equipment and at least two certified officers within the budget so that next year the County would be prepared to implement this system.

Commr. Parks asked if the current code allowed for scientific documentation and the decibel system if noise reached a certain level.

Mr. Guzman replied that staff would want to research this so that the Sheriff’s Office could still utilize the reasonable approach and that this would not prevent them from enforcing it.

Commr. Campione indicated her support of monitoring when Cities grow and annex in order to make sure that there is proper notification when these areas are adjacent to industrial or commercial uses in order to encourage buffers and sound barriers to protect any residential areas.

Commr. Parks suggested possible form based codes that might require that no decibel level go off site from these industrial or commercial areas.

Commr. Campione asked if these codes would be enforceable if a city annexed property.

Ms. Marsh commented that County codes would not be enforceable in the city unless a code was countywide; however, she said that Cities could opt out of that.

Commr. Campione encouraged bringing this to the attention of City staff and possibly writing letters to them if there were potential incompatibility concerns. She asked for Mr. Guzman to develop a plan that might include a hybrid system to include measuring distance points and how to implement this, and then return to the Board in order to have it ready once it was budgeted the following year.

affordable housing and homeless shelter workshop

Mr. Tim McClendon, Director for the Office of Planning and Zoning, provided an update on the previous Board discussion regarding affordable housing and the proposed homeless shelter. He recalled that on October 8, 2019, the BCC discussed affordable housing within Lake County and the proposed homeless shelter with the discussions focusing on accessory dwelling units (ADUs) and cottage homes. He explained that the Land Development Regulations (LDRs) defined ADUs as a way to provide for less expensive housing units to accommodate growth and to provide housing for relatives, noting that Lake County was very receptive to the use of these types of dwellings. He elaborated that not only did the Lake County Comprehensive Plan (Comp Plan) encourage ADUs, but that the LDRs were changed two years prior and the requirement to have at least one acre of land in order to have an ADU on the lot was removed; furthermore, he added that the current rules allowed ADUs within any residential zoning district, that it had to meet the standard setbacks of an actual dwelling unit, and the exterior of an ADU had to match the principal dwelling on site. He noted that the only possible issue and the reason the county did not see as many ADUs was that they were required to pay the full impact fees which equated to approximately $12,000 with about $9,000 being for school impact fees. He related that the cottage home concept was an architectural movement with homes typically about 400 square feet in size, giving the example that the average size of a new family dwelling unit in 2013 was approximately 2,600 square feet. He remarked that the current zoning districts had a minimum square footage requirement for single family dwelling units which started at 850 square feet for an agriculture district up to 1,500 square feet in a denser zoning district. He explained that this would mean that if an owner wanted to construct a stand-alone cottage home of 400 square feet, a variance would be required, noting that within his tenure with the County there had not been any applicants applying for that request and that no cottage single family home had been permitted. He elaborated that if a developer wanted to construct an entire cottage home community, the County had an effective method to assist with this which was the planned unit development (PUD) zoning district. He said that each PUD could be tailored to fit those types of developments, noting again that no applications for this type of development had come into the County in over five years. He relayed that some of the concerns with cottage homes were that they still were required to pay the full impact fees of $12,000, that there was not currently a future land use to support the density with those types of uses which were typically 15 dwelling units per acre, that the Comp Plan would require them to connect to central utilities, and that central utility connections were typically controlled by the Cities which would require annexation agreements with permitting and processing usually controlled by the City. He added in regards to the impact fees, staff was working on a request for proposal (RFP) for the multi-family market analysis component which would hopefully provide an inventory and a needs assessment for multi-family dwellings as well as include possible changes to the impact fee structure to account for the cottage homes or ADUs which have a lesser impact. He then defined affordable housing as a dwelling that a person can obtain for 30 percent or less of their income, can be both for sale or rental housing, and can be used in the broader sense to describe the industry centered on the provision of this type of housing such as programs provided by state and federal governments to include the Section 8 Housing Choice Voucher Program and the State Housing Initiatives Partnership (SHIP) down payment assistance as well as policies implemented by governments to provide discounted housing to low-income families and to increase the number of affordable dwellings by relaxing some restrictions. He mentioned that the County owned several lots along Rolling Acres Road in the Town of Lady Lake area which had a Public Service Facility and Infrastructure land use and an Agricultural zoning designation. He remarked that staff thought these lots would be an ideal location and opportunity to pursue an affordable housing community and was proposing an RFP for a pilot program to construct such a development, noting that the Town of Lady Lake had utilities nearby. He added that it would require a Comprehensive Plan map amendment and rezoning to accommodate this use; additionally, he said it was also a possible candidate for Community Development Block Grant (CDBG) funding pending an environmental review. He concluded that the next steps included staff moving forward with both the RFP on the County owned property in the Town of Lady Lake to accommodate an affordable housing community as well as the RFP on the multi-family market analysis mentioned earlier, and to hold discussions with the Lake County School Board regarding impact fee costs associated with cottage homes.

Ms. Allison Thall, Director for the Office of Housing and Human Services, relayed that the existing fairgrounds property was also identified as a potential affordable housing pilot program site since the fairgrounds were going to be relocated to County owned property along County Road (CR) 448. She shared that as a result of this relocation, Habitat for Humanity had approached her office and shown an interest in purchasing the existing fairgrounds property for the development of an affordable housing cottage community. She then introduced Mr. Kent Adcock, President and Chief Executive Officer for Habitat for Humanity of Lake-Sumter, in order to discuss their vision and approach in respect to their development for this property.

Mr. Adcock thanked the Board for allowing him to present and commended the Lake County staff for their vision and efforts in pursuing affordable housing. He reiterated that his organization was interested in the fairgrounds property and thought that they would be able to construct about 50 to 55 cottage homes in a planned community setting at that location. He shared that they would be utilizing a charrette process which would involve a variety of stakeholders in the decision making and design process regarding what the community might look like with a third party moderator, noting that this development might be unconventional when compared to a typical development. He then showed a video depicting the result of a charrette process that his organization performed in the Washington, D.C. area in 2010 for the United States Department of Energy Solar Decathlon. He opined that it was important to look at affordable housing from a positive approach especially when engaging the community; furthermore, he thought it was vital to include the education community, business community, and local residents. He shared that his organization had been working with local high schools’ construction academies and was continuing to expand to other schools; additionally, he shared that they had tested this concept by building four 720 square foot cottage homes in the City of Coleman and would also be constructing 23 of these type homes in the City of Tavares.

Commr. Breeden inquired when the timeframe was for the multi-family study.

Mr. McClendon replied that it was within the RFP and that staff had asked them to rework the formulas for the accessory dwelling units and cottage homes to see if the impact fee rates could be adjusted, noting that he was not sure of the completion date for the study.

Commr. Campione confirmed that it was a study to help justify lower impact fee rates for reasons such as the dwellings were only 400 square feet, there would not be children living there to impact schools, and etc.

Commr. Blake relayed that it was an alternative impact fee study for the cottage home, noting that these had been performed throughout the country and consistently showed that there was very little impact to the school system from that size home.

Commr. Parks asked if the study might conclude that there should be no impact fees for this size home as he felt that would help increase affordability, and Mr. McClendon implied that it possibly could.

Commr. Campione wondered if the study came back with a suggested lower impact fee rate, then staff could potentially approach the Lake County School District to see whether they would agree to waive the fees altogether.

Commr. Breeden thought it would be better to implement a separate fee then to waive the fee as waiving it would require the funding to be subsidized by another means.

Commr. Campione expressed understanding that under the new law, the fees did not have to come from another source.

Mr. Marsh clarified that the Florida Legislature did pass a law, House Bill 7103, which included a provision that if the definition of affordable housing set by the statute was met, then the fees could be waived without having to provide them from another funding source.

Commr. Campione inquired if there were limitations on who would live in these homes based on their income level in order to be considered affordable housing.

Ms. Marsh stated that would be something that would have to come back before the Board; furthermore, she said that in her opinion, the Board would have to create an ordinance that would set the parameter for the type and size of a project, and how it would be income restricted for a certain period of time, giving the example that for current SHIP and CDBG programs it was a 15 year affordability restriction. She remarked that those details would have to be worked out. She added that there had been discussions among some groups which thought that provision might be challenged at some point since it did take away from the concept of an impact fee existing so that everyone paid their fair share; however, she said she was not aware of any current challenges on record for this. She then provided an update on the RFP process, noting that it went out about a week or so prior and would remain out for about 30 to 45 days. She added that firms had the option to apply for any of the categories; therefore, it would not necessarily be awarded to the same firm since some may be qualified in some areas that others are not. She mentioned that contracts would probably come back sometime in January or February 2020.

Commr. Parks suggested that affordable housing be clearly defined in the Comp Plan, and that staff create the land use category for the tiny homes and higher densities in order to have it available to use.

Commr. Campione inquired if the PUD method would work or if someone would need a Comp Plan amendment.

Mr. McClendon replied that the PUD method might be the most effective since it could be tailored.

Commr. Breeden asked if that would still have the same density issues.

Mr. McClendon responded that densities might still be an issue as once a development gets to a certain size, it has to connect to utilities, noting that staff’s initial discussions with these organizations would encourage including the Cities.

Commr. Breeden asked if the County needed to consider changing its densities in some area or at least providing an option for this.

Commr. Parks thought that they should because he felt that the PUD category was being utilized many times by someone who wanted to not be at the maximum density but was proposing something lower such as two units per acre. He opined that if there was a special land use category, it might discourage someone from using the PUD category. He noted that someone could use it and have the designation so that they could get 15 units per acre for cottage or tiny homes.

Commr. Blake said that he agreed and felt like this would allow a maximum acreage size to be set for a project and would help prevent the “NIMBY” (not in my back yard) issue. He gave the example of it possibly being 12 acres or less and that if it was a cottage home community, allowing a special density for that purpose.

Commr. Campione suggested to start by identifying locations where it might work well. She opined that nimbyism could potentially be destructive to good projects; however, she understood people’s interest in protecting their own investments and lifestyle. She cautioned the Board to consider all elements.

Commr. Parks felt that if this type of housing was not available, then individuals would drive longer distances to get to their homes which created urban sprawl and caused them to spend more on their transportation costs.

Mr. Adcock thought the biggest challenge might be access to water and sewer.

Commr. Campione believed that there might be Cities who would be willing to do utility agreements without necessarily trying to annex if it was a County project. She suggested reaching out to some Cities, such as the Town of Lady Lake for the one property mentioned.

Commr. Breeden inquired if staff could provide the option and category for cottage homes in the Comp Plan without actually identifying the location.

Mr. McClendon replied that was effectively what staff did currently for the PUD land use so that could be an option.

Commr. Campione asked if staff would use the highest density area currently and add this as an allowable PUD, or would they utilize any residential zoning district.

Mr. McClendon responded that staff would have to discuss the most effective way and that they would research best practices.

Commr. Blake mentioned that the book, Pocket Neighborhoods: Creating Small-Scale Community in a Large-Scale World, said that one way to address utilities was to have the smaller cottages classified as accessory dwelling units so that they shared a septic tank.

Commr. Campione asked if the impact fee issue for accessory dwelling units could be addressed by the Board or if it had to be a part of the study.

Ms. Marsh responded that the Board had these two options: to wait for the study to be completed and that if it returned with a lower fee or no fee, then the impact fee code could be adjusted; or under the current provision put into effect by the legislation, an ordinance could be done which would waive or forego those fees if they met the definition of affordable housing.

Commr. Campione asked if this ordinance was already in place.

Ms. Marsh replied that it was not; however, she said that staff could draft an ordinance and bring it to the Board for review.

Commr. Campione suggested getting the ordinance completed so that the Board could address developments on a case-by-case basis.

Mr. Marsh stated that her recommendation would be that the ordinance be done for a project and not for individual homes as she thought that would be difficult to manage as people conveyed the homes in the future since someone would need to make sure future owners met the affordability requirements. She said that if it was done on a project basis, then it would be easier to have restrictive covenants.

Commr. Breeden inquired if it mattered if it was an accessory dwelling unit if someone had already paid impact fees as they could have simply added a room.

Ms. Marsh relayed that the point of the legislation was that it had to meet the affordable housing definition.

Commr. Campione asked if the study would return in six months.

Ms. Marsh responded that if the contracts were awarded in January or February 2020, then the average was about three to four months to do the study and pull the data so it would probably be next summer.

Commr. Parks inquired if someone living on a half-acre lot wanted to build a grandparent suite, would they still have to pay the full impact fee.

Ms. Marsh replied that was correct. She suggested waiting on the study to see what rates might be proposed, noting that rates could be lowered if it suggested a lower rate or if it was de minimis then the code could be changed so that under a certain size would be de minimis and no impact. She reiterated that for now, the Board could not unilaterally set a certain square footage since they had to keep the integrity of the impact fees intact; furthermore, she indicated that if the Board started to reduce the fees without having justification for it, then they would risk their impact fees being challenged.

Commr. Campione wondered if having the impact fees paid but held in escrow with the possible option to return them once the study was returned was an option.

Ms. Marsh responded that would be up to the Board if they wanted to do that and that staff could draft an ordinance in that manner if the Board desired.

Commr. Parks asked to clarify that it was not currently possible under the legislation to create a program in which the impact fees could be waived for ADUs if someone met a certain criteria.

Ms. Marsh replied that the only criteria currently in place that could possibly be used was if someone met the definition of affordable housing then the impact fees could be waived without taking it from another source; alternatively, she said that the Board could create what they were desiring but then they would need to offset the fees with another source if the person did not meet the definition of affordable housing.

Commr. Campione thought if the affordable housing ordinance was created, that it should be done on a case-by-case basis. She gave the example that if someone came in with a single unit, then in the ordinance it could require the deed restriction that it could only be for someone who met the affordable housing requirements, then in a year from now if everything was in place, the restriction could be lifted if it was proven that it was nominal or no fee required.

Mr. Marsh said that staff would review and bring something back to the Board to consider, noting that generally you cannot deed restrict your own property as it normally is a restriction people buy into.

Ms. Thall then presented an update on the proposed homeless shelter, recalling that over the past five months there had been a consistent forward movement throughout the community to address the proposed concept of a homeless shelter. She then displayed a timeline of various meetings and presentations that had taken place for this shelter. She stated that beginning on June 25, 2019, The Salvation Army attended the BCC meeting and presented their vision to be instrumental in the development and operation of a shelter; furthermore, over the next four months following that meeting, community stakeholders, city managers, and County staff had all worked together to address the many facets for establishing and operating a shelter. She relayed that on October 8, 2019, Lieutenant Chris Doborwicz, with The Salvation Army, attended the Board meeting and shared The Salvation Army’s proposed annual operating budget in order to manage a roughly 50 bed shelter, and described the homelessness system of care as an effort to optimize self-sufficiency and guide individuals and families through the continuum of care to ultimately obtain permanent housing and supportive services; additionally, at this same meeting, the Board requested that staff facilitate a meeting with all the municipalities in order to start the dialogue and gauge the level of commitment available to assist with the shelter. She concluded with the next steps which included finalizing the meeting date with the municipalities, drafting a letter of invitation to come from the Board Chairman to each city mayor, and to advertise the meeting.

Lieutenant Doborwicz thanked the Board for allowing him to speak and noted that The Salvation Army had continued their research on the possibility of introducing an emergency shelter to Lake County’s system of care in order to help reduce homelessness. He mentioned that a majority of their recent work consisted of identifying various components that would be critical to making sure families and individuals were housed as quickly as possible once they entered the shelter, noting that they had started to compile a list of items that they believed needed to be addressed in order for Lake County to be effective in reducing homelessness but would require assistance from other entities and agencies. He opined that it was time to decide the best way to address homelessness and if the community as a whole wanted a shelter to be a part of that plan, and he thought that what he was hearing from this meeting’s discussions was that this might be more than just a shelter but also a countywide investment for housing. He commented that The Salvation Army was currently working on a facility design, and shared that they had met with an engineer as well as an architect; additionally, they were working on a strategic plan for the shelter which would map out goals to include dates and times to meet these goals and who might be responsible for other components of the endeavor.

Commr. Breeden encouraged including the non-profit community in this proposed meeting with the municipalities.

Commr. Campione agreed and then shared that she had recently attended a Eustis City Commission meeting at which she heard about issues from the business community in the City of Eustis, similar to what the City of Leesburg had experienced, regarding the effects of those who lived on the streets in the downtown districts and were panhandling customers. She opined that as the County moved forward with this endeavor, that in addition to addressing the humanitarian aspect of assisting individuals with transitioning into housing, it was also important to consider that some people might not want assistance and that should be included in discussions; furthermore, she encouraged exploring ways to more actively enforce rules regarding where homeless individuals should be and stay and to make sure processes were not enabling them.

Commr. Breeden agreed it should be a part of the discussion but felt that enforcement needed to come from the Cities since they were having these issues in their downtown areas; furthermore, she thought it was important for the Cities to have a similar model that they all followed.

Commr. Parks expressed concerns that social media had portrayed this proposed shelter as a place where someone could stay indefinitely. He suggested that this issue be placed on the agenda for the meeting with the Cities; additionally, he thought it was important to have an action item at this meeting to ask for City commitments.

Commr. Campione mentioned that some had concerns that the shelter might draw more homeless individuals into the county, but reiterated that the goal of the shelter was ultimately to assist people with becoming sustainable on their own.

Commr. Sullivan commented that this was a multi-faceted, complicated issue since some individuals will want assistance and some will not; additionally, he agreed with emphasizing that this was proposed to be a transitional center. He opined that as the population in the county grew, the number of homeless might grow as well. He relayed support of the various topics discussed by the Board being included in the municipality meeting, noting that providing affordable housing was also a part of the comprehensive picture. He felt that if the Board continued to address affordable housing and the transitional homeless shelter, then they were doing what was needed to address concerns.

Commr. Breeden commented that the steps the Board was taking now would probably not solve the homelessness issue, but were a big part of the larger picture.

Commr. Campione indicated that she felt that they needed an overall plan with the homeless shelter being one piece, affordable housing being another, and including other components within the affordable housing focus as well. She encouraged developing a framework that could be presented that showed the Board was working on all components.

Mr. Steve Smith, Founder of New Beginnings of Central Florida, opined that the county needed a homeless shelter due to the high number of individuals who experience eviction from their homes, with many being senior citizens and young women with children, and who have no place to go, noting that many people also lived in their cars because they could not afford a home. He believed that individuals living on the street could not be placed directly into housing without being assessed first to determine their needs and the services that would assist with those needs. He encouraged the Board to continue addressing homelessness and shared his support of the homeless shelter.

Commr. Campione thought it was important to present the need for a shelter at the municipalities meeting and then explain what the shelter would be used for and what it was attempting to accomplish, noting that even with a shelter there might still be individuals who do not wish to come off the streets possibly due to criminal records or such. She suggested obtaining input from law enforcement on what issues they experience with homeless people as well as getting advice from the County Attorney’s Office regarding any laws regarding how to address people who are panhandling.

Commr. Parks reiterated his support for having a call to action request as part of the meeting agenda.

Commr. Campione also wanted to emphasize the importance of having as many city councilmembers and commissioners present at this meeting as possible in order for all of them to hear the information firsthand, noting that staff could seek input from city managers about what time of day might be the best for everyone to be available.

Mr. Cole indicated that staff would schedule a meeting with the BCC Chairman in order to establish the full agenda and then they would formulate the invitation letter and set a meeting date.

recess and reassembly

The Chairman called a recess at 12:52 p.m. until the 1:30 p.m. closed session.

closed session

Ms. Marsh reported that she had asked for the closed session as authorized by Florida Statutes 286.011 to discuss pending litigation against the County. She noted that once the closed session started, it would be confined to settlement negotiations or strategy sessions relating to litigation and its expenditures. She added that once they start, the court reporter would record the entire session, from when they began to when they ended, and would include all discussions in the proceedings, including the names of all persons present at any time and whoever spoke. She elaborated that none of the session could be off the record. She commented that the court reporter’s notes would be transcribed and that they would be made public when the litigation was concluded. She explained that at the beginning of the session the entity was required to give notice of who would be there and staff was required to advertise the closed session. She reported the advertisement ran on November 22, 2019, in the Daily Commercial and that she had a copy of that advertisement. She stated the persons at the meeting would be all of the Lake County Board of County Commissioners, the County Manager, Ms. Diana Johnson, Deputy County Attorney, and herself. She mentioned that the session would probably take an hour and that they were ready to begin and asked for the recording to be turned off and the doors set so people could not enter.

recess and reassembly

At 2:35 p.m. the Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.

sr 50 and u.s. 27 commercial corridor design criteria ordinance

Mr. McClendon relayed that this presentation was for the purpose to request approval to advertise the proposed commercial design standards for State Road (SR) 50 and U.S. 27 major commercial corridors. He indicated that the Board had a recent workshop in November 2019 with a similar presentation which included background information and the existing design standards, the proposed design standards, and the staff process and analysis with the addition today of the requested action. He then shared the following background information as follows: at their May 17, 2019 Board meeting, the BCC directed staff to create new commercial design guidelines for properties located within the SR 50 and U.S. 27 major corridors in the City of Clermont area; the purpose was to create one consistent design standard that was shared between the City of Clermont and the County; existing current design standards only discussed minor architectural components such as color, materials, lighting, and the requirement to hide mechanical equipment from roadway views; and on November 5, 2019, staff workshopped the proposed ordinance with the Board and was directed to proceed with approval to advertise. He then displayed two maps identifying where these corridors were located, noting that the SR 50 corridor started at the Lake-Orange County line and ran west up to U.S. 27, and the U.S. 27 corridor ran north-south along U.S. 27, stopped at Hartwood Marsh Road and then picked up again just south of Wellness Way and extended down to the Four Corners area. He noted that the corridors were outlined in red on the maps, and that the west side of U.S. 27 was not included since the majority of that area was within the Green Swamp and not expected to commercialize. He then relayed the following elements of the proposed design standards: focused on the design and function of the land versus the typical separation of land uses; required any new development or parcels undergoing substantial redevelopment to be compatible with the new design standards; new site circulation regulations would require shared ingress and egress in order to minimize single access for individual uses; pedestrian circulation would require wider sidewalks along the corridors and better interior pedestrian interconnectivity throughout the entire project site; and building setbacks would require a minimum of ten feet and a maximum of 60 feet from the right-of-way with the goal to improve the views and landscape along the roadways in order to enhance the design and function of a site. He remarked that the staff process and analysis included evaluating the form and function of existing development patterns for the entire corridor as well as coordinating with the City of Clermont in regards to their standards in order to have a single theme for the entire area. He mentioned that the proposed ordinance did not include the Clermont Joint Planning Area (JPA) since the City and the County had already jointly agreed upon standards and a majority of the JPA had been annexed into the City, did not include the Wellness Way area, and was consistent with the Lake County Comprehensive Plan (Comp Plan). He ended with the requested action for approval to advertise a proposed ordinance to create the SR 50 and U.S. 27 commercial corridor design standards.

Commr. Parks commented that this was a result of various concerns expressed in South Lake regarding the rapid growth in the area and the desire to develop a uniquely designed area with one standard for the City of Clermont and the County, noting that he thought the City of Groveland was also interested in adopting these standards as well. He opined that these proposed standards were not overburdening or stringent, would not drive away business, and were fairly basic standards; furthermore, he felt that they were less detailed then what the Board had approved in 2017 for the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA).

Commr. Sullivan relayed his agreement with Commissioner Parks’ thoughts. He felt that this helped to set a standard and maintain a better quality of life, but would not add additional costs to businesses. He added that if this was successful in this area, then the County could consider utilizing these standards in other areas.

Commr. Breeden stated that she would support moving forward to advertise the ordinance; however, she was not completely comfortable with all elements of it and was unsure if she would ultimately support the ordinance.

Commr. Campione asked if there was a mechanism for a variance.

Mr. McClendon responded that it would be a normal standard variance and part of the LDRs, at which point they would need a variance application and a request to move forward.

Commr. Campione said that she liked the concept of trying to create interconnectivity between parcels and making buildings fit together; however, she relayed that she also wanted some time to review.

Commr. Breeden indicated that part of her concern was taking the standards all the way down to the Four Corners area as she did not feel like it would work for the area between the City of Clermont and the Four Corners area.

Commr. Parks asked Commissioner Breeden if she was referring to the Wellness Way area.

Commr. Breeden replied that one side that she was referencing was Wellness Way but the other side was not; additionally, she had concerns with the buildings being close to the road.

Commr. Parks explained that the west side of U.S. 27 from Lake Louisa Road down to past Hilochee was state land and would most likely never be developed; furthermore, he said the east side was where these standards would apply with the exception to Wellness Way which would have its own standards. He added that even the Florida Department of Transportation (FDOT) was encouraging moving buildings closer to the road.

Commr. Sullivan commented that buildings closer to the road helped to provide a buffer for residential areas; therefore, he thought that it accomplished more than one task and was the reason he was supporting it. He agreed that FDOT would need to be involved since U.S. 27 was maintained by them and was a strategic intermodal system.

Commr. Parks reiterated that this was not regulating uses but was simply for form issues.

Commr. Campione inquired if there was a requirement for convenience stores with gasoline sales to have parking in the rear.

Mr. McClendon responded that the guidelines were not to that extent; additionally, he relayed that the maximum setback was 60 feet so there was still room to insert classic parking in a staggered method, noting that it was not as limiting as the CRA provisions which require all parking to be in the rear.

Commr. Breeden expressed dislike for the restriction of having the canopy extended for these facilities, and Commissioner Campione asked what the thought was behind that restriction.

Mr. McClendon replied that it was partly for aesthetics but also to provide a covered walkway for patrons.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried by a vote of 4-1, the Board approved to advertise an ordinance to create Section 9.10.04, Lake County Code, Appendix E, Land Development Regulations, entitled “State Road 50 and U.S. 27 Commercial Corridor Design Criteria.”

Commr. Blake voted no.

canal assessment procedures ordinance

Ms. Mary Hamilton, Chief of Operations for the Public Works Department, mentioned that the purpose of the presentation was to update the Board on the canal assessment procedures ordinance. She recalled that the Board requested information during its May 21, 2019 meeting concerning options related to funding canal dredging; additionally, they provided direction at their August 27, 2019 meeting to proceed with amending the Lake County Code and LDRs to establish a municipal service benefit unit (MSBU) funding mechanism as well as a maintenance mechanism when platting new subdivisions with canals. She remarked that the proposed ordinance established Board authority to provide maintenance of canals in unincorporated areas of the county, that the funding mechanism could be a municipal service taxing unit (MSTU) or an MSBU, and established covenant guidance for final plats to include future canal maintenance. She explained that an MSBU required a 55 percent positive response from the affected property owners, that the assessment was due upon completion of the project, that if it was not paid in full it was added to a tax bill for a period of ten years at an interest rate of prime plus two percent, and the County would have to have public right-of-way over the canal. She added that for platting new development, staff would be amending the LDRs to require that new plats with canal front lots or parcels establish a mechanism to assess residents for canal maintenance, that covenants and restrictions would establish specific requirements, and that the homeowners association (HOA) would permit, contract and fund the maintenance. She reported that the draft ordinance was presented to the Lake County Planning and Zoning Board on October 30, 2019, and that there was a recommendation for approval of the ordinance which failed with no other motions considered, noting that the Planning and Zoning Board had concerns with the fact that any residents who might not be in favor would still be assessed with potential liens on their property if they defaulted. She concluded with the requested action for approval to advertise the ordinance.

Commr. Breeden asked if this ordinance mirrored the assessment program for roads or were there differences.

Ms. Hamilton replied that the difference would be that the canal would have to be under public ownership; however, she said the County would need significant right-of-way to construct a road, noting that the process was the same but involved different situations.

Ms. Marsh added that this ordinance would set up an MSTU or an MSBU rather than a special assessment because a special assessment would only assess the canal front lots but this would assess the community, assuming it had community access to the canal as well; therefore, she said this was not really a special assessment program but rather a MSTU/MSBU program.

Commr. Campione inquired if there was not access to the canal by the rest of the neighborhood, would residents then not be a part of the MSBU; however, if everyone had access to the benefit of the canal being cleared, then everyone would be assessed.

Ms. Marsh confirmed this was correct.

Commr. Campione then asked if the number of people in a community who were willing to have this canal dredging and assessment met the 55 percent, would the County be obligated to do it or would it still be at the discretion of the Board.

Ms. Marsh responded that the 55 percent was simply the threshold number to get the item in front of the Board for a public hearing, but the Board was not obligated to approve it at that point.

Commr. Parks asked if the time period for the assessment to be added to the tax bill could be 15 to 20 years instead of 10 years.

Ms. Marsh replied that the 10 years was what the County currently did for road special assessments; however, if the Board wanted to extend it to 15 years then staff could change that number. She added that since this was for approval to advertise, it could be changed to say a maximum of 15 years and then the Board would have the flexibility to approve up to the 15 years, noting that staff could make it 20 years if that was what the Board preferred.

Commr. Campione and Commissioner Parks suggested a maximum of 20 years.

Commr. Breeden inquired if it was more expensive to perform canal dredging than to pave a road and if so, then she thought that a longer period might be better as it would help with the expense.

Ms. Hamilton indicated that the one canal that was a concern and had started this process had an approximated $1.5 to $2 million range, noting that part of the extra expense was due to canals varying in width and making it logistically more difficult than a road.

Commr. Blake asked how many people would be impacted by this canal situation just mentioned, and Ms. Hamilton thought it was about 70 people.

Commr. Campione inquired if the people in the neighborhood were supportive at this point, and Ms. Hamilton replied that staff had only heard from one resident so far.

Commr. Parks asked for clarification that even though this one canal area had started this process, if this ordinance was passed, could it apply to other areas, and Ms. Hamilton responded that it would be countywide and could be utilized in unincorporated Lake County.

Commr. Campione relayed that up to this point, if there was an issue, the County did not have a way to address it; furthermore, she stated that having people dedicate their frontage and right-of-way would still be something to address. She felt that this would be another tool for the County to use if needed and that it would be driven by the residents and would provide them a mechanism to bring it before the Board to decide whether to move forward. She opined it was a positive step.

Commr. Parks agreed, and thought it was long-term thinking, would only apply to those who live near a canal, and would potentially add to property values.

The Chairman opened the floor for public comment since there was a comment card completed for this agenda item, noting that this was just approval to advertise and there would be a public hearing in the future.

Mr. Jochim mentioned that he lived on a canal, and he thanked the Board for considering and taking action on keeping canals clear. He stated that he sees public boaters on his canal often and opined that canals should be treated as a county park with maintenance funds budgeted just like they are for parks. He also suggested that there be some type of hurricane insurance for seawalls as several of his neighbors had theirs destroyed after recent hurricanes which added to the debris in the canals.

Commr. Blake commented that he agreed with the part of this ordinance that addressed new plats with canal frontage; however, he shared the same concerns that arose at the Planning and Zoning Board meeting regarding individuals being assessed a fee even if they were not supportive of the canal dredging for their community as he felt this could be a hardship to some individuals.

Commr. Campione indicated she had some of the same concerns as she realized it could present a financial burden to some, but that she liked the part that it would come back to the Board for approval so they could evaluate each situation.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried by a vote of 4-1, the Board approved to advertise an ordinance to create Article IV, Chapter 21, Lake County Code, to be entitled “Canal Assessment Procedures,” which establishes a municipal service taxing/benefit unit process for canal maintenance and dredging and amends Section 14.07.07, Lake County Code, Appendix E, Land Development Regulations, entitled “Final Plat Requirements,” to require that new plats with canal front lots or parcels establish a mechanism to assess residents for canal maintenance.

Commr. Blake voted no.

other business

appointments to library advisory board

On a motion by Commr. Blake, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Jacquelin Arndt as the District 4 member, as well as a potential ethical conflict waiver for Ms. Arndt, and the municipal appointments from the City of Eustis of Ms. Donna Bachowski as the representative and Ms. Aja Lake as the alternate representative for the Library Advisory Board.

reports

county manager

Confederate General Edmund Kirby Smith statue

Mr. Cole mentioned that following the Board’s discussion on July 30, 2019 regarding the Lake County Historical Society’s planned placement of the Confederate General Edmund Kirby Smith statue in the Lake County Historical Museum within the Historic Lake County Courthouse, staff had conducted an analysis of any effect that moving this statue might have on the courthouse. He recalled that in early 2019, engineers evaluated the location within the museum gallery where the statue and base would be placed to ensure that the combined 8,400 pounds could be supported by the floor, noting that the engineers concluded that the gallery location did have adequate support; additionally, he stated that staff also discussed with the engineers the most effective way to move the statue into the building with the conclusion that it would be through a window directly into the gallery. He said that the cost for that work along with the needed equipment was estimated to be about $23,000; furthermore, he relayed that he and the County Attorney had met with Mr. Bob Grenier, Director for the Lake County Historical Museum, to discuss this cost estimate at which point Mr. Grenier assured them that the Historical Society would fund 100 percent of the costs as well as other potential costs such as transportation and insurance. He added that no costs would be incurred by the County. He indicated that an agreement between the County and the Historical Society was being prepared for the BCC’s consideration in early 2020.

Commr. Campione asked for any parameters discussed previously about this statue, such as being sensitive in the display, that its content would be appropriate and tell the full story, and other concerns that the Board wanted to be sensitive to, to be included in the agreement.

Commr. Parks inquired if it was clear that any unexpected costs or items that might cause staff extra time would not be paid for by the County.

Mr. Cole stated that staff was sensitive to the Board’s desire to not have the County absorb any costs; therefore, he relayed that if they did have any issues that might require an expense, he would present it to the Board, noting that he would not authorize anything without consideration from the Board first. He added that in the agreement, they were planning to include language that would ensure that if anything happened to the building during the moving of the statue, then that would be covered by the Historical Society.

Commr. Breeden asked for the window areas of the Historic Lake County Courthouse to be checked to make sure there was not remaining lead paint.

Mr. Cole said that staff would evaluate and that any mitigation needed would be taken care of at the expense of the Historical Society.

commissioners reports

commissioner sullivan – district 1

staff compliment for state of the county presentation

Commr. Sullivan commended County staff and everyone who participated in the day’s annual State of the County program, noting that he felt that everything was done well, even the beautiful Christmas decorations around the front table. He said that he appreciated all the time and effort that went into the preparation for the program.

commissioner parks – district 2

staff compliment for state of the county presentation

Commr. Parks thanked everyone for the great job they did on the day’s program, and said he was grateful for everyone’s hard work through the holiday season.

congratulations to Ms. Doris Bloodsworth for her new book

Commr. Parks congratulated Ms. Doris Bloodsworth on her new book Clermont: From Gem of the Hills to Choice of Champions, noting that it had just been released and was available through the Lake County Library System.

commissioner breeden – vice chairman and district 3

staff compliment for state of the county presentation

Commr. Breeden recognized staff for the great presentation as well as Commissioner Campione for her vision in creating the State of the County.

commissioner blake – district 5

staff compliment for state of the county presentation

Commr. Blake echoed the compliments to staff for the day’s great presentation including all the interviews within it. He opined that Lake County’s Office of Communications was top notch.

commissioner CAMPIONE –chairman and district 4

staff compliment for state of the county presentation

Commr. Campione also complimented the Office of Communications on their great videography work, for capturing events throughout the year, for selecting the highlights for the video presentation, and for the integration of information within it.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:17 p.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK