A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

february 25, 2020

The Lake County Board of County Commissioners met in regular session on Tuesday, February 25, 2020 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 Josh Pearson, Deputy Clerk.

INVOCATION and pledge

Reverend Linda Jaberg from Community Church of Howey-in-the-Hills gave the Invocation.

Commr. Campione introduced Ms. Marissabelle Tighe, who had served four years in the United States Navy and was recently promoted to lead the County’s Veterans Services Office. Ms. Tighe then led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, stated that there were no changes to the agenda.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the minutes for the BCC meetings of December 17, 2019 (Regular Meeting) and December 20, 2019 (Special Meeting) as presented.

citizen question and comment period

Reverend Michael Watkins, a resident of the City of Tavares, thanked the Board of County of Commissioners (BCC) and everyone who was involved with the Groveland Four memorial. He praised the dedication event for bringing people together but expressed concerns about a Confederate statue coming to Lake County which could divide the community. He felt that both issues involved racism and suggested that many people would support and oppose the statue. He also noted that each family member of the Groveland Four who spoke at the event had indicated that they would not be satisfied until the Groveland Four were exonerated, and he urged the BCC to support this. He then praised Commissioner Campione for hosting the event; additionally, he opined that the process was not correct for the Confederate statue and that individuals had no input before the decision was made to bring it to Lake County.

proclamation 2020-19

On a motion by Commr. Sullivan, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved Proclamation 2020-19 honoring Mr. Feliciano "Felix" Ramirez as the first Hispanic male elected to public office in Lake County.

Commr. Breeden then read and presented Proclamation 2020-19 to Mr. Ramirez. She indicated that Ms. Pam Jones, representing Congressman Daniel Webster’s office, was in attendance to present a letter from Congressman Webster to Mr. Ramirez.

Commr. Campione said that the Board was proud of him and the work he did in the community. She felt that he was a great mentor and example. She expressed that he had impacted many lives as an elected official, in his spiritual leadership, and in education.

proclamation 2020-18

On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved Proclamation 2020-18 honoring Ms. Lou Buigas as the first Hispanic female elected to public office in Lake County.

Commr. Breeden then read and presented Proclamation 2020-18 to Ms. Buigas, and Ms. Jones presented a letter from Congressman Webster to Ms. Buigas.

Commr. Campione commented that the Board appreciated Ms. Buigas and noted that she was a prominent businesswoman in Lake County, that she had served on the Tavares Chamber of Commerce, and that she had been part of many other endeavors. She remarked that Ms. Buigas was appreciated by her community and that it was great to honor her on this day.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Item 1, as follows:

List of Warrants

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

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione noted that a comment card had been received for Tab 12, which was in regards to the widening of North Hancock Road, so she allowed that citizen to speak.

Mr. Nathan Focht, a resident of Lake County, asked if the final extension would be widening the part of the road that was already two lanes or if there was an agreement for a full North Hancock Road extension to County Road (CR) 455.

Mr. Fred Schneider, Public Works Director, clarified that this was to complete the other two lanes of the existing four lane section up to CR 561A.

Commr. Blake asked to pull Tabs 4 and 5 for a separate vote.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 6 through 14, pulling Tabs 4 and 5 for a separate vote, as follows below:

On a motion by Commr. Parks, seconded by Commr. Breeden and carried by a vote of 4-1, the Board approved Consent Agenda Tabs 4 and 5.

Commr. Blake voted no.

COUNTY ATTORNEY

Request approval for the County Attorney, or designee, to execute the Stipulated Order of Taking and Final Judgment in Court Case No. 2019-CA-2134, Lake County vs. Lily-Mae Property Group, LLC, et al., (Parcel Number: FP-13, FP-14) for the needed right of way and grading, drainage and utility easement for the County Road 466A Road Project. The fiscal impact is $196,544.94 (expenditure). Commission District 5.

Request approval:

1. For the County Attorney, or designee, to execute the Stipulated Final Judgment in Court Case No. 2018-CA-2188, Lake County v. Vista Grande Properties, LLC, et al. (Parcel No. CG-14) for the needed right-of-way, drainage easements, and perpetual grading and drainage easements for the Citrus Grove Road Project.

2. To authorize the Chairman to execute Joint Use Pond Agreement with Vista Grande Properties, LLC.

The fiscal impact is $1,857,715.00 (expenditure). Commission District 2.

Request approval regarding the following County-owned properties:

1. Donate Alternate Key 1664110 to the City of Mount Dora and authorize the Chairman to execute the associated Resolution 2020-22.

2. Award bid to the highest bidder for purchasing Alternate Key 2580984.

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

The total fiscal impact is $1,300.00 (revenue). Commission Districts 4 and 5.

AGENCY FOR ECONOMIC PROSPERITY

Request approval of Resolution 2020-23 recommending that Project Breeze be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes, which affirms it is a manufacturing project, requests a waiver of the average wage requirement of Section 288.106(4)(b)1.a, Florida Statutes, and provides for local 20 percent financial support per Section 7-4, Lake County Code, after finalization of an agreement and public availability of Project Breeze information. This resolution will repeal and replace Resolution No. 2020-2 approved on January 14, 2020. The fiscal impact (expenditure) is estimated at $25,000.00 over five years, providing all requirements are met. Commission District 1.

PUBLIC SERVICES AND INFRASTRUCTURE

Housing and Human Services

Request approval:

1. Of Contract 20-0909 for Residential Rehabilitation for State Housing Initiatives Partnership Program with the following pool of vendors: Advanced Commercial Contractors, Inc. (Eustis, FL); Baxter Restoration, LLC (Orlando, FL); Glen Holt Aluminum, LLC (Fruitland Park, FL); JFB Construction, Inc. (Eustis, FL); and Ruby Builders, Inc. (Orlando, FL).

2. To authorize the Office of Procurement Services to execute all supporting documentation.

The estimated annual fiscal impact is $2,530,373.00 (expenditure - 100% grant funded).

Parks and Trails

Request approval of the third amendment to the Interlocal Agreement with the City of Fruitland Park to provide funding for concrete walkways, bleacher pads, handicap accessible parking and other ancillary concrete work at the Northwest Lake Community Park. The fiscal impact is $50,000.00 (expenditure). Commission District 5.

Public Works

Request approval to release a maintenance bond of $276,402.96 that was provided for the maintenance of improvements to the Sawgrass Bay Boulevard Extension Phases I and II project located in the Four Corners area. There is no fiscal impact. Commission District 1.

Request approval to accept the final plat for Bella Collina Addition Two Phase 1A, and all areas dedicated to the public as shown on the final plat, located near Montverde. The fiscal impact is $1,551.00 (revenue - final plat application fee). Commission District 2.

Request approval of a Roadway Improvement Agreement with Jen Florida 30, LLC (Oviedo, FL) to complete the final widening of North Hancock Road from two lanes to four lanes in Minneola. The estimated fiscal impact is $3,371,209.68 (expenditure). Commission District 2.

Request approval of a 180-day extension amendment for a St. Johns River Water Management Cost Share Agreement for the Lake Yale Marsh Park stormwater enhancement project located in Marsh Park, Eustis. There is no fiscal impact. Commission District 4.

Request approval of a planning study agreement with the U.S. Army Corps of Engineers (ACOE) for a flood study of the Lower Palatlakaha River Basin from the Cherry Lake Road area north to Lake Harris. The estimated fiscal impact is $100,000.00 (expenditure - $50,000.00 in County funding and $50,000.00 in ACOE funding). Commission Districts 1 and 3.

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 commented that for Tab 1, an attorney representing the Mt. Plymouth landowners had requested some minor revisions to the prepared ordinance, which had been passed out to the Board. He said that staff requested that the Board accept the consent agenda as modified.

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. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 3, with minor modifications to Tab 1, as follows:

Tab 1. Ordinance 2020-9

Rezoning Case # RZ-18-06-4

LCBCC Public Safety SR 46 Stormwater Management Facility

Rezone property from Urban Residential (R-6) to Community Facility District (CFD) to allow construction of public facilities, to include a stormwater management facility.

Tab 2. Ordinance 2020-10

Rezoning Case # RZ-19-28-4

East Lake Community Park

Amend CFD Ordinance #2008-23 to rezone and add 41.88 +/- acres of property from Agriculture (A) to the Community Facility District (CFD) zoning district to accommodate development of community facility and recreational facility uses.

Tab 3. Ordinance 2020-11

Rezoning Case # CUP-19-11-1

Wild Friends of the Earth CUP

Conditional use permit (CUP) to allow a private exotic animal wildlife sanctuary on Agriculture (A) zoned property.

public hearing - ordinance 2020-8 IMPACT FEE WAIVERS

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 SECTION 22-9, LAKE COUNTY CODE, ENTITLED WAIVER OR DEFERRAL OF IMPACT FEES FOR VERY LOW AND LOW INCOME HOUSING; PROVIDING FOR WAIVERS FOR AFFORDABLE HOUSING UNITS UNDER SECTION 163.31801, FLORIDA STATUTES; AMENDING SECTION 22-10, LAKE COUNTY CODE, ENTITLED WAIVER OF IMPACT FEES FOR TARGETED BUSINESS/INDUSTRY; AMENDING AND RENUMBERING SECTION 22-11, LAKE COUNTY CODE, ENTITLED PREPAYMENT OF IMPACT FEES; AMENDING SECTION 22-13, LAKE COUNTY CODE, ENTITLED REFUND OF IMPACT FEES PAID; CREATING A NEW SECTION 22-11, LAKE COUNTY CODE, TO BE ENTITLED WAIVER OR DEFERRAL OF IMPACT FEES FOR ACCESSORY DWELLING UNITS; RENUMBERING SUBSEQUENT SECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

Commr. Sullivan explained that this was an effort to make housing more affordable in Lake County, and provide workforce housing and low to moderate income housing availability by waiving impact fees to encourage the private sector to assist with this.

Commr. Campione said that the County was trying to make it more affordable to build housing units and waive impact fees in instances where they were allowed to by statute. She commented that in instances where they were unsure if they would be able to waive impact fees, such as with accessory dwelling units (ADUs), it would be a deferral until such time that an impact fee study was completed to find if ADUs would be given a reduced rate or no charge. She elaborated that depending on the findings of the study, someone may have to pay the impact fee but only when they sell the property. She indicated that ADUs were 800 square feet or less and would be units that could be built on a property to be used for someone to live in such as a family member or caretaker.

Ms. Marsh noted that the County currently had an ADU provision under the affordable housing section of this ordinance. She said that for consideration, the Board may want to delete this and let all ADUs go into the deferral program. She elaborated that if they kept it under the affordable housing program, then the resident in that ADU would have to qualify periodically to make sure that they were still qualified for the 100 percent waiver. She commented that taking out the ADU waiver and putting them all in deferral would eliminate individuals having to do this; furthermore, they would give the County a mortgage and would not have to pay the fees until they sold the property.

Commr. Campione expressed support for this and felt that it accomplished what the Board desired.

Commr. Parks noted that part of the Board’s discussion for this item regarded some basic design criteria for the ADUs, and he relayed his understanding that this matched what was being done in other nearby counties. He also indicated support for adding a moderate level for waiver eligibility.

Ms. Marsh explained that because the architectural design and bringing in the moderate households into the affordable housing waiver came after the County advertised the proposed ordinance, they would have to bring back a separate ordinance; however, this could be done quickly.

Commr. Campione asked if they could use their design criteria that was put in place for infill waivers, noting that feedback had already been received from builders.

Ms. Marsh said that staff could bring this back in another ordinance.

Commr. Campione inquired if there would only be a small gap where someone may not be subject to those rules by the time an ordinance change came back.

Ms. Marsh confirmed this and indicated that the Board should have the other ordinance back at the end of March or the beginning of April 2020.

Commr. Breeden stated that the Board would also be able to review it after the study.

Commr. Campione noted that individuals with Habitat for Humanity were in attendance, and she said that their support was appreciated in this process of discussing ways that the County could make housing more affordable and address needs for workforce housing.

Ms. Marsh recommended that a motion could be to approve this item, striking the ADU section under Section 22-9. She noted that the other modifications could come back as a separate ordinance but would not be part of the Board’s motion today.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance 2020-8 to: amend Section 22-9, Lake County Code, entitled Waiver or Deferral of Impact Fees for Very Low and Low Income Housing; amend Section 22-10, Lake County Code, entitled Waiver of Impact Fees for Targeted Business/Industry; amend and renumber Section 22-11, Lake County Code, entitled Prepayment of Impact Fees; amend Section 22-13, entitled Refund of Impact Fees; and create a new Section 22-11, Lake County Code, to be entitled Waiver or Deferral of Impact Fees for Accessory Dwelling Units, to create a process by which impact fees may be deferred for accessory dwelling units under a certain size and under certain conditions, with the modification to strike the ADU section under Section 22-9.

regular agenda

ordinance regarding donation bins

Mr. McClendon presented a proposed donation bin ordinance. He relayed that the purpose of the proposed ordinance would be to create a new section in the Land Development Regulations (LDRs) wherein the County was seeking to define “donation drop-off locations” and require donation bins to meet criteria in order to be placed on a non-residential parcel. He then provided the following background information: in August 2018, the City of Tavares passed a citywide ordinance to regulate donation bins; about a year later, the City contacted the County to request them to pursue similar action; the Lake County Office of Code Enforcement had identified at least 35 of these types of bins located within Lake County, the majority of which were in the south end of the county; and many of the documented bins had reoccurring issues including unkempt areas around them, their physical location, maintenance issues, and their size. He then displayed some images demonstrating these issues. He indicated that staff had prepared an ordinance to address some of the identified issues, and he explained that the proposed ordinance would require these donation bins to meet the following criteria: would have to meet setback requirements: could not be located on vacant land; must be operated by a nonprofit organization; all donations must be kept within the bin; could be located within required commercial parking spaces; must have a maximum size of 120 square feet; must be kept in good repair and match the color of the principal structure onsite; depending on the size of the parcel, there could be up to one additional donation bin onsite; and minor site plan approval would be required. He presented the requested action to advertise an ordinance to amend Chapter II, Appendix E, Land Development Regulations, re-numbering Section 3.14.00 to 10.04.00, and creating Section 10.03.00 and 10.03.01 to provide for location and development criteria for donation bins.

Commr. Campione asked if other Cities were considering similar action, and Mr. McClendon replied that staff was only aware of the City of Tavares. Commissioner Campione then suggested that if the Board wanted to move forward, they may want to contact the Cities and give them an opportunity to opt in to the ordinance.

Mr. Focht, a citizen who spoke earlier in the meeting, relayed his understanding that the City of Minneola was on their second reading for a similar ordinance.

Commr. Breeden inquired about the effectiveness of the City of Tavares’ ordinance.

Commr. Campione noted that this was just a request to advertise and suggested that there would be time to contact the City before the public hearing to determine if it was effective.

Mr. Cole mentioned that Mr. John Drury, Tavares City Administrator, had contacted him in fall 2019 to indicate that their ordinance had been successful within the city.

Commr. Parks asked about possibly requiring the donation bins to be for State of Florida based nonprofit organizations. He said that he was asking this because the intent was not to have the material go overseas.

Commr. Campione thought that having it be for nonprofit organizations would serve the purpose. She noted that local nonprofit organizations could send their material wherever they wanted.

On a motion by Commr. Sullivan, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved to advertise an ordinance to amend Chapter II, Appendix E, Land Development Regulations, re-numbering Section 3.14.00 to 10.04.00, and creating Section 10.03.00 and 10.03.01 to provide for location and development criteria for donation bins.

Commr. Campione noted that a citizen had submitted a comment card for this item, so she allowed them to speak.

Mr. Gary Tolley, a community relations advocate for American Textile Recycling Service, agreed with the need for a tightening of this code and thought that it could benefit everyone. He suggested that any donation bin come with a door that would make it difficult for anyone to get in or out of the bin, along with the bin being constructed of metal. He indicated that his organization had a shipping container that they converted into a donation center, and he hoped that the Board would consider that the current proposed footprint was 120 square feet while his organization’s footprint was 160 square feet in an effort to divert almost two million pounds of materials. He also said that it had been discussed to have the donation bin color be the color of the prominent business, and he relayed that an understanding among people supporting an organization that his company was affiliated with was that bins of a certain color were for that organization. He opined that that the proposed ordinance would make it more difficult for a particular charity to pull in the funding to keep their programs functioning. He also mentioned that his organization’s donation bins had a coating that protected against graffiti.

Commr. Campione asked to confirm that if the Board wanted to consider a larger size, would they have to include it in their advertised ordinance; furthermore, she relayed her understanding that they could potentially reduce the size on the day of the hearing.

Ms. Marsh confirmed this and suggested adding the larger size now. She said that the Board could always reduce it but could not increase it once it was advertised.

Commr. Campione also stated that at least there could be a logo or a portion of the bin that could be covered with the organization’s color or logo.

Commr. Breeden agreed with the discussion about the color of the bins. She noted that it could be an expense for a nonprofit organization to match colors for each of their bins.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board amended the previous motion to include the modifications of restricting the bin size to a maximum of 160 feet and changing the bin color requirements.

Speaker regarding lake norris conservation area

Commr. Campione noted that she had received a comment card regarding the Lake Norris Conservation Area.

Mr. Scott Atkins, a resident of Lake County, said that residents had enjoyed using the Lake Norris Conservation Area but relayed his understanding that there had been rumors regarding the St. Johns River Water Management District (SJRWMD) wanting the sand from the property. He was worried that the SJRWMD was considering their original contract and would be trucking the sand through the conservation area and then bringing the trucks onto Lake Norris Road, which he opined could not accommodate a dump truck. He expressed concerns for truck traffic and felt that the sand did not need to be moved; furthermore, he thought that residents would oppose this and he hoped that the issue could be resolved.

Commr. Breeden noted that the Board would be having a strategies and priorities workshop, and she expressed interest in revisiting the possibility of requesting a donation of the Lake Norris Conservation Area to the County.

Mr. Atkins asked if this was how the County obtained the Pine Meadows Conservation Area from the SJRWMD.

Commr. Campione confirmed this but mentioned that it was surplus and did not have sand on it.

Mr. Atkins then relayed his understanding that another resident had observed the Florida Department of Transportation (FDOT) examining a bridge in the Lake Norris Conservation Area and that this had raised concerns. He thought that the FDOT had expressed intent to install a culvert and pave over it but that trucks would still come out on Lake Norris Road.

Commr. Campione asked if the County had an application regarding this item.

Mr. Cole responded that the County had an application that was in review and would require the consideration of the Board. He added that it would not be issued at a staff level nor were they at a point where they were prepared to make any recommendations to the Board.

Commr. Campione recalled that the Board had changed their ordinance after an earlier issue to require a haul permit for hauling of material offsite to come before the Board. She said that this gave the Board the ability to place restrictions on hauling and stipulate conditions. She did not think that the Board had asked if the property could be donated.

Commr. Breeden thought that the County had received a letter from the SJRWMD with a positive answer but that the County had not accepted that proposal.

Mr. Cole recalled that in the previous year, the executive director for the SJRWMD had made the offer of transferring the property to the County.

Commr. Campione thought that this would have only been after the SJRWMD removed the sand and that it was part of the deal. She relayed an understanding that the contract would come with the property so that the County would have to address that issue.

Mr. Cole relayed his understanding that the SJRWMD was ready to give the property to the County and had suggested that the County could potentially enter into an agreement relating to the sand removal. He said that the County could possibly explore if the SJRWMD had an out clause in their contract and if they could end it prior to any ownership by the County.

Commr. Breeden also expressed interest in if the contract could possibly be severed with the transfer of the property.

Commr. Campione thought that it would be important for nearby residents to consider what kind of conditions might be acceptable, short of disallowing any hauling. She mentioned that if the County was sued over the issue, then all Lake County residents could possibly have to help fund the damages. She thought that there had been meetings with residents on Hart Ranch Road about conditions which could possibly be acceptable.

Mr. Atkins stated that the County had installed some asphalt patches on Lake Norris Road but that it was already damaged. He was unsure how access would be granted for this road, and he expressed concerns for the destruction of the conservation area.

Other business

appointments to the elder affairs council

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to appoint the following members to the Elder Affairs Council: Ms. Latoya Sankey as a District 2 representative; Ms. Carol Clendinen and Ms. Joanne Lepold as District 3 representatives; Ms. Barbara Crewell and Ms. Kathy Haviland as District 5 representatives; and Ms. Judy Smith as an At-Large Member, and request approval of ethical waivers for Ms. Judy Smith and Ms. Latoya Sankey.

Commr. Breeden thought that the Board had to choose between applicants for Commission Districts 1, 3 and 5.

Commr. Sullivan recommended Mr. George Wanberg for Commission District 1.

Mr. Cole clarified that there were two representatives needed from Commission District 5. He also noted that there were two vacancies from Commission District 3.

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. George Wanberg as a District 1 representative to the Elder Affairs Council.

appointments to the library advisory board

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the following municipal members and alternates to the Library Advisory Board from the City of Fruitland Park, the City of Leesburg, and the Town of Howey-in-the-Hills: Ms. Cynthia Burch and Mr. Robert Ballenger as the City of Fruitland Park Member and Alternate Member, respectively; Ms. Pat Vacherlon and Ms. Tahsia O’Keefe as the Town of Howey-in-the-Hills Member and Alternate Member, respectively; and Mr. Robert Glockler and Ms. Debra Wanza Dabney as the City of Leesburg Member and Alternate Member, respectively, and approval of Ms. Audrey Silbernagel as the District 2 member.

reports

county attorney

possible closed session

Ms. Marsh indicated that there may be a special meeting for a closed session to discuss the DTR Leasing Corp. vs. Lake County litigation; however, it could possibly be part of a regular Board meeting.

south lake regional park

Mr. Cole said that the County was in the dirt removal and mass grading phase of the South Lake Regional Park project with the park infrastructure to be developed in three phases over 15 years. He elaborated that the County had been exploring an approach with the Groveland City Manager that could significantly accelerate this project, and they were discussing an arrangement where the City could borrow the funding needed to develop the park over several years and the County could provide the City with the Infrastructure Sales Tax that they would otherwise be allocating each year toward the development of the park. He added that the City could then repay their loan with potential City funding along with funding that the County would provide. He said that one issue being evaluated by the County’s financial advisors was whether this would be considered debt on the County’s behalf, and he commented that the County Attorney was drafting an agreement that would be proposed to the Board and the City of Groveland whereby they hoped they could address the issues of debt through an out clause in the contract. He related that he was optimistic that an agreement could be reached that would be beneficial to the City, the County and the public.

Commr. Parks said that he was also feeling optimistic about this and opined that he did not think it would be the County’s debt from an auditing standpoint.

Mr. Cole shared this belief and commented that the financial advisors had been considering this. He felt that the County would be able to come to an agreement that could be mutually beneficial and accelerate the project.

Commr. Breeden said that this could be a great partnership and show what could be accomplished by working together.

Commr. Campione asked about the status of the dirt removal and grading process, along with if there were any issues with truck traffic.

Mr. Bobby Bonilla, Director for the Office of Parks and Trails, explained that as of the previous day, the County had removed about 307,000 cubic yards of dirt. He elaborated that it had been an overnight operation and that they had worked with the community, as well as the Lake County School Board for the pickup and drop off of school buses. He commented that the County was pleased with the response from the community thus far.

Commr. Campione inquired about a percentage estimate for what had been done.

Commr. Breeden asked about the timeline for completion and if dirt could continue to be removed while the park was in construction for phase one.

Mr. Bonilla replied that about 22 percent of the dirt had been removed. He also remarked that in about a month, they would be out of the phase one area and that in the next fiscal year, they could potentially begin the development of the amenities and the sports field in that area. He said that they only had the dirt operation at this point and that they wanted to ensure a distance from the trucking of dirt to the actual development and improvements.

Mr. Cole stated that their current goal was to get phase one ready to be developed, and he indicated that they would be on the pay as you go plan for a number of years.

Commr. Campione asked if the plan with the City of Groveland could accelerate all parts of the project, and Mr. Cole confirmed that it would accelerate the entire project. Commissioner Campione then inquired if there had been any exploration of Monte Vista Road and the possibility of having another way in and out. She felt that this could help with a potential issue regarding the removal of dirt when people were using the park.

Mr. Cole responded that they had reached out to potential developers of the site to the south to discuss a cost share for utilities, but had not received a response.

Commr. Sullivan implied that the City had been moving expeditiously because they had been talking to developers; additionally, the acceleration of the park could be key to further development in that area.

Commr. Parks said that parcels that the City wanted to annex could possibly fit into their fiscal model of how to pay for their part of the park.

Mr. Cole explained that the County was looking at several different approaches to the agreement where the City could potentially own the property. He indicated that County staff did not have a preference for who owned it as long as all residents could use it equally and there were no charges for people to use it who were outside the city limits; furthermore, he relayed his understanding that the City agreed with this.

Commr. Breeden thanked Mr. Bonilla and his staff for their work.

county road 455 alignment

Mr. Cole recalled that at the January 28, 2020 BCC meeting, the Board held a public hearing regarding the CR 455 alignment where it was discussed to consider a recommended build alternative; furthermore, the Board had asked for consideration of the alignment to be delayed 30 to 45 days to allow for additional discussion and evaluation. He confirmed that this had been occurring but that staff needed additional time; therefore, it was staff’s plan to bring the item back at the April 7, 2020 BCC meeting.

Commr. Campione relayed that there had been feedback from some residents indicating that they would be willing to move and they had asked the County to take their entire property, while some other individuals were more inclined to stay there but would be willing to work around it. She asked to confirm that this was all being taken into consideration.

Mr. Cole confirmed this and noted that staff needed additional time to have those discussions.

Commr. Campione thought that in some instances, it could be better to take an entire parcel than to leave someone with part of what they had.

Commr. Breeden felt that doing this could also be more expensive.

Commr. Campione agreed with this and added that there could be separation damages that would have to be paid if a property was bifurcated. She expressed interest in moving this process as quickly as possible so that the County would be able to move into an acquisition of right of way more quickly than normal to give people closure for their property.

Commr. Parks commented that there were some properties that residents felt strongly about and that having part of those properties taken could significantly impact them. He also clarified that the Board and staff had many meetings where they discussed the different alignments.

Mr. Cole remarked that there was some indication at the previous BCC meeting regarding this item that some residents in attendance had not been consulted, and he relayed that staff was revisiting those discussions.

Commr. Campione asked if the County was having discussions with the City of Clermont for the possibility of widening Hancock Road, how much this would cost, and how it could be funded.

Commr. Parks said that he had discussions with some Clermont City Councilmembers to recommend listing this project with FDOT; additionally, he relayed his understanding that the cost could be $50 to $60 million.

Commr. Breeden thought that this could occur after CR 455 was completed.

Commr. Parks felt that it could be asked for Hancock Road to be addressed at the same time as they moved forward with CR 455.

Commr. Campione cautioned that by putting these projects on the list, they would be removing other needed projects.

Commr. Breeden thought that the Board should see an evaluation of that corridor first without conducting a full project development and environment (PD&E) study.

Commr. Parks noted that Lake County was rapidly growing and that there were many roads throughout all commission districts that would have to be added to the list; furthermore, he opined that Hancock Road should be one of these roads. He remarked that much of the opposition for the CR 455 project had requested that Hancock Road be addressed at the same time.

Mr. Schneider explained that when the County had public meetings with regards to CR 455, they conducted some preliminary evaluation of Hancock Road with the number of residential impacts and relocations required, along with business impacts and the cost. He elaborated that they could provide an update during the April 7, 2020 BCC meeting, and if they proceeded further for Hancock Road, then he thought that there should be more detail for the right of way that the County had and what the impacts would be. He said that this did not necessarily have to be a full study but that they could perform a corridor evaluation, after which a full PD&E study could be done if it was decided to move forward.

Commr. Campione inquired what impact the widening of Hancock Road could have on CR 455.

Mr. Schneider recalled that the estimate was about $60 million each for both Hancock Road and the entire CR 455 alignment south of Hartwood Marsh Road to Schofield Road. He commented that there was funding in place through the impact fee program for the CR 455/Hartle Road extension from Hartwood Marsh Road north to where the Waterbrooke development had completed the first two lanes. He said that bringing it down from State Road (SR) 50 to Hartwood Marsh Road was currently funded and underway, which could help provide some relief to Hancock Road. He added that as the County considered the traffic model with the CR 455 study, they could bring that forward again and inform the Board of total traffic volumes and impacts if they chose a different alignment.

Commr. Breeden asked if those cost estimates included right of way acquisition, and Mr. Schneider denied this.

Commr. Parks inquired if Mr. Schneider would have estimates including right of way and construction of Hancock Road.

Mr. Schneider responded that a corridor evaluation for Hancock Road would include feasibility, right of way impact and costs, and construction costs. He commented that for widening the road from two lanes to four lanes, there was not currently 120 feet of right of way and the County would have to conduct a thorough evaluation of it.

Commr. Parks noted that there was a considerable amount of growth in that area and felt that both Hancock Road and CR 455 had to be addressed.

Commr. Breeden indicated a concern about addressing both roads at the same time.

Commr. Parks clarified that he was suggesting to list both projects with FDOT. He thought that much of the opposition to CR 455 may support moving forward with it if Hancock Road would also be addressed. He also said that widening Hancock Road from SR 50 into Wellness Way could potentially prohibit or delay expanding CR 455 to four lanes south for 20 or 30 years.

Commr. Campione asked if there was any willingness or interest among the Clermont City Councilmembers for a possible partnership. She said that the subdivisions and activity there was developed within the city limits, and felt that the need for this project was a result of growth approved by the City.

Commr. Parks remarked that according to a few councilmembers and Mr. Darren Gray, Clermont City Manager, the City was willing to discuss this.

Commr. Campione suggested that if this would be done from the standpoint of a corridor evaluation, then the County could reach out to the City of Clermont to be part of this so that they could have these discussions together.

Commr. Sullivan supporting taking this item to the Lake-Sumter Metropolitan Planning Organization (MPO). He felt that this should be kept in the Lake-Sumter MPO process so that if funding became available, they could include it in the projects list.

Commr. Campione thought that the County could perform more evaluation to determine what they wanted to ask of the Lake-Sumter MPO.

Mr. Schneider said that as the County developed the road program over the next few months to be brought back to the Board in August or September 2020, they could have a low cost corridor analysis in the impact fee program.

Commr. Campione felt that this could help because impact fees collected from construction in the City of Clermont could be used to help pay for the corridor analysis.

city of mount dora isba

Mr. Cole remarked that in 2019, the City of Mount Dora adopted a resolution initiating an interlocal service boundary agreement (ISBA) process and that the Board had adopted a responding resolution in October 2019. He said that earlier this month, the County held a meeting which included the Board Chairman, County staff, staff from the Cities of Mount Dora and Eustis, and the Mayor of Eustis to discuss the request. He remarked that since that meeting, the City of Mount Dora had indicated that they would be revising their ISBA map to resubmit to the County and then discussions would be continued.

Commr. Campione indicated an understanding that the City of Mount Dora was focusing on the Wolf Branch Innovation District for the ISBA and that it was where they planned utilities and wanted to perform non-contiguous annexations.

commissioners reports

commissioner sullivan – district 1

georgefest

Commr. Sullivan congratulated the City of Eustis for Georgefest and felt that it was a great event with a good turnout.

transportation discussions

Commr. Sullivan said that transportation planning and infrastructure was being discussed as part of the Board’s strategies, and he felt that this was important to keep in mind. He felt that the County had not yet completed roads that were on the project list; therefore, he indicated a concern that there had been discussions about additional roads being addressed.

commissioner parks – district 2

groveland four memorial

Commr. Parks praised the Groveland Four memorial and said that he appreciated everyone that worked on it. He also complimented Commissioner Campione for her role in the dedication event.

housing for all of lake county meeting

Commr. Parks mentioned a Housing for All of Lake County meeting in the City of Clermont in the previous week and explained that those attending were primarily a group in South Lake that had made an effort to connect with the north part of the county. He said that he, Commissioner Campione and Commissioner Breeden attended, and he remarked that the discussion was great and pertained to the supply side of housing. He indicated that the next steps were to continue to have meetings and forums with all of the Cities to possibly support consistency with ADUs, impact fee waivers, and other items to reduce the cost of affordable housing for low to moderate income individuals. He noted that there could also be discussions about appropriate densities and density incentives along the major corridors throughout the county to promote that housing.

bill regarding lake county and fdot

Commr. Parks said that Senator Tom Lee had introduced a bill that would strike the language that required Lake County to obtain approval from FDOT to have an expressway project. He mentioned that this had been an ongoing issue and that the bill had been receiving resistance.

Commr. Campione noted that the County had discussions with their lobbyists about why this requirement was included, and their understanding was that there were concerns about outstanding bonds and the FDOT wanted to ensure that the County did not undergo a project that could take away from their ability to pay it back. She felt that this issue had been resolved and that it was no longer a factor.

Commr. Breeden asked if there was insight into the objections, and Commissioner Parks replied that the same language was being used.

Mr. Cole said that the County’s lobbyists were working on this issue, in addition to working with the opposition.

commissioner breeden – vice chairman and district 3

groveland four monument

Commr. Breeden thanked the City of Tavares and County staff, the Lake County Sheriff’s Office (LCSO), and also the Board Chairman for leading the effort for the placing of the Groveland Four monument. She felt that it was a moving ceremony and was positive for the County.

georgefest

Commr. Breeden expressed that Georgefest was a great success and that she enjoyed the event.

recognizing mr. jerry miller

Commr. Breeden relayed that Mr. Jerry Miller, who had been a government and community relations representative for Duke Energy for many years, had passed away. She expressed sympathies to his family and to Duke Energy.

Commr. Campione proposed sending a card from the Board to Mr. Miller’s family. She said that the Board had worked with Mr. Miller throughout the years and that he had been an advocate for Lake County.

Commr. Parks noted that some contentious issues included clearing trees along right of ways for utility lines, and he remembered that Mr. Miller was able to address those issues and facilitate the process.

COMMISSIONER BLAKE – DISTRICT 5

groveland four monument

Commr. Blake echoed comments about the Groveland Four ceremony and noted that Commissioner Campione had led the idea of having a monument. He thought that it was a beautiful ceremony and said that the efforts of staff were appreciated. He also expressed that he was impressed that the Florida Governor was in attendance.

lake county historical museum

Commr. Blake recalled a comment earlier in the meeting which pertained to the Lake County Historical Museum, and he felt that museums were living history. He opined that only preserving positive historical items could be a disservice to the next generation because there was also a need to remember items to avoid.

georgefest

Commr. Blake mentioned that he and his family had enjoyed Georgefest and that the City of Eustis did a good job with the event.

meetings regarding completion of cr 466a

Commr. Blake relayed that he had met with Mr. Schneider about how to be creative with completing CR 466A. He supported finishing it since it was in the middle of two completed segments, and he mentioned that he had heard from residents of the City of Fruitland Park about this issue. He indicated that he would continue meeting with Mr. Schneider to address this item.

Commr. Campione mentioned that the Board had seen a letter from the City of Fruitland Park to the Lake-Sumter MPO asking for this project to move up in priority. She asked about the cost of completing the unfinished segment.

Mr. Schneider replied that there was a one mile segment of CR 466A remaining to be improved and that two miles had been completed. He said that the estimate was about $7.5 million for construction and that the County had about $1 million in the impact fee program; furthermore, a significant portion of this was being held for the final resolution of some properties that were purchased. He commented that there were about four easements remaining that the County had to acquire, after which they could begin construction.

Commr. Blake felt that this project would be doable and he expressed support for resolving it if some funding could be pieced together.

Commr. Campione suggested the possibility of having the City of Fruitland Park assist with the funding and the County could pay back funding in increments, similar to the partnership with the City of Groveland for South Lake Regional Park.

Commr. Parks recalled that from a few years prior, the estimate for the total cost of needed road projects in Lake County was about $700 million.

Commr. Campione noted that this figure was a combination of new roads, resurfacing, etc.

commissioner campione – CHAIRMAN AND district 4

groveland four monument

Commr. Campione thanked everyone for their participation and support for the Groveland Four monument. She thought that the families of the Groveland Four and the authors who had written about the Groveland Four were great, and she mentioned that the Florida Governor had attended. She commended the LCSO, the City of Tavares and County staff for doing a great job with the details of the dedication event. She thought that the monument was well positioned and noted that it was visible when viewing the Lake County Historic Courthouse. She felt that it was important so that the Groveland Four and the lessons learned were never forgotten. She also mentioned that she had a letter that she would be sending after the current meeting to the Florida Governor to thank him for his involvement in the event.

recent homelessness meeting

Commr. Campione relayed that the County had a recent homelessness meeting at the Lake County Emergency Communications and Operations Center (ECOC) with the Cities of Leesburg, Mount Dora and Clermont. She said that they would also be meeting with the City of Eustis and that they had planned to meet with the four largest cities first due to them having the most visible issues. She added that two individuals from the City of Sarasota attended who gave a presentation about a program from their city, and there was a plan to bring them back because they had experience and ideas for how to address visible issues associated with homelessness. She also expressed interest in continuing to work on moving individuals into housing with supportive services; furthermore, they could possibly work with The Salvation Army to facilitate this. She felt that an overarching issue was the affordability of housing and noted that if people could be moved into housing, there would still have to be places that people could afford to live in. She thought that it was great that these discussions were occurring around the county and said that there had been an interest in collaboration from the cities that were most impacted. She also mentioned that the individuals from Sarasota County had a focus on the uniformity of how the County worked with the Cities and their Sheriff’s department on enforcement of activities that could help mitigate issues that were concerning to residents, along with helping people, businesses and the community.

lake county and city of tavares build grant

Commr. Campione thought that at the next BCC meeting, the Board would be hearing from Mr. Drury regarding recent discussions about obtaining a Better Utilizing Investments to Leverage Development (BUILD) grant. She indicated that this window was closing quickly and that the application had to be submitted. She added that without a complete grant application, the County would not be eligible at this time. She commented that many things would have to happen quickly and she asked everyone to keep an open mind and consider that timing would be essential. She stated that even if the grant was not obtained during this round, the County would have at least submitted the application and undergone the process. She relayed that the Board could bring forward a resolution at their next meeting to show their support. She commented that there would be a Lake-Sumter MPO meeting on Wednesday, February 26, 2020, and that she wanted to bring this item up at that time to possibly obtain a letter of support from the Lake-Sumter MPO. She said that the County could also help with PD&E study funding because this was required to have the project be ready.

Commr. Breeden asked if the City had an estimate on the cost.

Commr. Campione relayed her understanding that if FDOT was to conduct the PD&E study, it would be considerably more expensive than if it was done locally. She thought that a local study could cost $200,000 to $300,000 and that an FDOT study could cost twice as much. She also did not think that FDOT was providing PD&E funding, and she mentioned that this process may be a regular occurrence if the County wanted to put a project into a shovel ready category.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:34 a.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK