A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

october 27, 2020

The Lake County Board of County Commissioners met in regular session on Tuesday, October 27, 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; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.

INVOCATION and pledge

Commr. Campione said that the Board was meeting in person and was also streaming live using Zoom Webinar for individuals who could not join them today but wanted to participate in the meeting. She commented that they would open their meeting with an invocation from Pastor David Stauffer, from Morrison United Methodist Church in the City of Leesburg, and then they would have Mr. Bill Ponko, Senior Contracting Officer with the Office of Procurement Services, lead the Pledge of Allegiance. She explained that the Board had started a tradition to ask a veteran to lead the Pledge of Allegiance, noting that many County employees were veterans and had been able to lead the Pledge of Allegiance. She said that Mr. Ponko served in the United States (U.S.) Air Force from May 2001 until he was honorably discharged in May 2007, and that he trained and worked as a C-4 Systems Project Manager, overseeing upgrades and security to key base communications equipment and services. She elaborated that he was deployed in early 2006 to an airbase in the United Arab Emirates in support of Operation Enduring Freedom, Operation Iraqi Freedom, and Horn of Africa Operations. She stated that while enlisted, Mr. Ponko completed airman leadership school in late 2006, and completed a master’s of arts program, graduating in October 2006. She thanked Mr. Ponko for his service.

Pastor Stauffer gave the Invocation and Mr. Ponko led the Pledge of Allegiance.

virtual meeting instructions

Mr. Erikk Ross, Director for the Information Technology (IT) Department, said that this meeting was being streamed live on the County’s website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the citizen question and comment period later in the agenda. He stated that anyone watching the live stream who wished to participate in the meeting could follow the directions being broadcast. He commented that during the citizen question and comment period, anyone who had joined the Zoom Webinar using their phone could press *9 to virtually raise their hands; furthermore, anyone participating online could click the raise hand button to let the County know they wished to speak. He mentioned that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He mentioned that everyone would have three minutes to speak and that after three minutes, an alarm would sound letting them know that their time was up. He added that the County previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to this meeting. He said that anyone who wished to provide written comments could visit www.lakecountyfl.gov/commissionmeeting, noting that any written comments submitted during the meeting would be shared with each Board member following the meeting.

Agenda update

Mr. Jeff Cole, County Manager, said that since the agenda was first published, staff updated the location map attached to Tab 26, and had revised Tabs 29 and 30 to remove the request to approve related resolutions, noting that they would bring this back to the Board at a future date. He commented that they added Tab 34 at the Chairman’s request, and that they notified the Board of the changes on Friday, October 23, 2020. He also asked that Tab 2, the approval of the August 11, 2020 minutes, be removed from consideration at the current meeting; furthermore, they would be rescheduled for a future meeting.

Commr. Parks requested that Tab 26, regarding the County Road (CR) 455 project development and environment (PD&E) study be moved ahead of Tab 25, which was the rezoning agenda.

covid-19 update

Mr. Tommy Carpenter, Director for the Office of Emergency Management, provided an update on the County’s response to the coronavirus disease 2019 (COVID-19). He stated that the County’s Emergency Operations Center (EOC) had been at a level three monitoring since September 29, 2020 but had still continued to work with the Florida Department of Health (DOH) in Lake County, along with Lake County schools and long term care facilities. He relayed that the Citizen’s Information Line (CIL) at 352-253-9999 was no longer staffed by personnel but had information available regarding COVID-19 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act program; additionally, an automated message with one touch transfer allowed callers to go directly to the DOH for COVID-19 or health information, and to the CARES Act program help line. He stated that the DOH’s COVID-19 hotline would remain open Monday through Friday, 9:00 a.m. to 4:00 p.m. at 352-742-4830. He then presented information from the DOH’s website and said that as of the previous day, there had been 8,479 positive tests, with him previously reporting that the number was 7,939. He mentioned that 94,599 individuals had been tested, with him previously reporting that the number was 89,784. He explained that since he last reported, 4,815 tests had been conducted, with 540 individuals testing positive. He relayed that the positivity rate in this two week period was 11.2 percent. He said that currently, the total positivity rate for Lake County was nine percent, and in comparing Lake County’s positivity rate to surrounding counties, Lake County had the lowest positivity rate and was still below the State’s target positivity rate of 10 percent. He added that Lake County also had the third highest percentage of estimated population tested among surrounding counties behind Orange and Osceola Counties, noting that those counties had State-sponsored testing sites. He said that the highest age range of those testing positive was 25-34 years of age, that the second highest was 45-54, that the third highest was 35-44, and that the fourth highest was 15-24. He added that Lake County’s median age for COVID-19 positive cases was 43, and to date, 225 deaths had been reported. He stated that they had 908 hospital beds available, with 645 currently being used and 263 being available for a 28.96 percent available bed capacity. He stated that there were 104 total intensive care unit (ICU) beds, and that 68 beds between the three hospitals were being used, with 36 available ICU beds at a 34.62 percent available ICU bed capacity. He said that they had 41 COVID-19 patients admitted between the three hospitals, and 12 of them were in the ICU. He also noted that since April 27, 2020, the County had issued 858,296 pieces of personal protective equipment (PPE). He mentioned long-term care facilities and commented that there was a cumulative total of 678 COVID-19 cases between positive patients and staff; furthermore, as of the previous day, there were currently 22 positive residents. He commented that 100 positive residents had been transferred to another facility or a hospital, and that there were currently 35 positive staff; additionally, 92 of the total deaths had been reported from long term care facilities. He remarked that COVID-19 testing was unchanged and that the DOH in Lake County was testing at 560 West DeSoto Street in the City of Clermont with hours of operation of Monday through Friday from 9:00 a.m. until tests were gone on a first come first serve basis for residents and non-residents, including children, with no testing criteria required, nor was there a charge for testing. He said that Adult Medicine of Lake County was still testing at Lake Square Mall, Tuesday through Saturday from 7:00 a.m. to 7:00 p.m., commenting that they conducted nasal swab tests on all days with no testing criteria required. He added that antibody tests were conducted on Thursdays only, and either test cost $20. He then stated that two weeks prior, he reported that the County had distributed 76,705 masks, and that he would receive an update in the current week for this number. He said that Lake Support and Emergency Recovery’s (LASER) volunteer hours for COVID-19 was now up to 323,937; additionally, they had assisted 62 businesses, churches and agencies, with over 58,000 cloth masks and 1,300 procedure masks, along with hand sanitizer and gloves. He mentioned that Lake County schools’ COVID-19 numbers were from the week of October 17 through October 23, 2020, and they had 25 positive cases, with 17 students, eight employees, and 315 persons under investigation including 281 students and 34 employees. He commented that several weeks prior, Florida Governor Ron DeSantis had announced the availability of BinaxNOW rapid tests for school districts, long term care facilities and 55+ communities. He said that his office was following up with each assisted living facility to verify that they had the needed information and to answer any questions. He stated that there were currently six 55+ communities that had received the COVID-19 tests, and that each community was working with the Florida Division of Emergency Management (DEM) for information. He said that if a community was interested in receiving tests, they could email [email protected]. He added that his office had worked with the Lake County Supervisor of Elections office since April 2020 to ensure that they had the needed PPE and equipment for safe elections. He then provided an update on tropical weather and noted that on the previous day, Hurricane Zeta formed in the western Caribbean and was expected to make landfall in the State of Louisiana in the following days and would be the fifth tropical cyclone to make landfall there in this year if the forecast held. He stated that there were currently no tropical waves pointed at the State of Florida.

Commr. Campione asks if the rapid tests for seniors had to be for a community that made a request.
Mr. Carpenter replied that this was what the State had said so far.

Commr. Campione expressed concerns for seniors that did not live in a 55+ community being left out of that process. She proposed that he pose the question that if the County acted as a clearinghouse for seniors that were not in a 55+ community, could the County receive the tests.

Mr. Carpenter said that the County could not currently request that the tests be sent to them but that if anyone received the test who did not want it, they could come back to the County. He added that they were working with the DOH to provide that testing to the community.

Mr. Aaron Kissler, Administrator/Director/Health Officer for the DOH in Lake County, displayed COVID-19 data and said that there was a small decrease in the county’s rate of deaths. He noted that there was an increase of cases towards the end of the previous week, and that they currently had about 70 tests per day. He stated that the level of interest in testing had increased, and he commented that his organization was working with the schools to test symptomatic children. He mentioned that the positivity rate increased slightly in the previous week but was down in the current week to the three percent range. He encouraged everyone to visit their primary care physician if they needed a test, and commented that the DOH could also provide tests. He explained that for the BinaxNOW tests, his organization was developing a new testing strategy to be a compliment to this. He thought that rapid mass testing could happen in the future, and he commented that their contact tracing was going well, noting that there was help from the schools. He said that they had been able to limit transmission at the schools and that there had been fewer amounts of students sent home due to exposure. He stated that they were seeing some small household outbreaks and that the majority of people knew who they were exposed to, and he mentioned that their communications were still going out. He also relayed that within 30 to 60 days, their planning for vaccine distribution could become a reality. He stated that there was a leading candidate from Pfizer and that there were some logistics in transport, though they were working that out currently; furthermore, they would be targeting the most at-risk groups in 2020. He explained that along with the vaccine, everyone would still need to stay home when they were sick, social distance, wear masks, wash their hands, avoid indoor gatherings, get tested, and change their actions if there was a positive family member in the household. He said that all of these actions, along with the vaccine, could help control COVID-19 in Lake County.

Commr. Breeden asked if there was an estimate on when a vaccine would be available to the general public.

Mr. Kissler replied that it looked like it would be early 2021 for the general public.

Commr. Campione inquired if the testing with the school district went into the county’s overall numbers.

Mr. Kissler confirmed this and said that it could drive up the positivity a bit because it was targeted. He added that in some places, individuals were not getting tested but were going home and isolating; however, his organization liked to test them because a person would behave differently if they had a positivity behind their results.

Commr. Campione asked about the difference between reporting a three percent daily positivity rate versus looking back two weeks, and if they were averaging everything that happened in those two weeks; additionally, was the daily rate just however many positive tests were given that day.

Mr. Kissler said this was correct and that the daily rate could vary. He commented that in the past week, it had dipped down into the low three percent range but it had also gone up into the seven percent range; however, their overall rate had been fairly low. He stated that there were less tests being done, and he encouraged people to get tested if they felt that they should be tested. He added that currently, the wait for tests was not too long.

Commr. Campione asked if there was a way to bring back the State sponsored sites.

Mr. Kissler replied that this could be a possibility if the county became overwhelmed.

Commr. Sullivan asked if tests conducted by a local doctor were reported to the DOH in Lake County.

Mr. Kissler confirmed this and said that they could then contact those individuals.

Commr. Campione relayed her understanding that deployment of the vaccine would be for first responders, frontline workers, and seniors. She asked if they would target long term care facilities, as well as any frontline workers interested in taking the vaccine.

Mr. Kissler explained that the goal was to address the most at-risk population first, along with healthcare workers and those who were constantly exposed. He said that after this, they would address the general population.

Mr. Cole said that staff had continued to make forward momentum in distributing the CARES Act funding. He stated that they would provide updates on how those components were going.

Ms. Jo-Anne Drury, Deputy County Manager, provided an update on the resident assistance program. She said that the County had $17,860,000 earmarked for housing assistance which included rent, mortgage and utility assistance; additionally, they were helping residents that were past due or current with their payments as long as they had been negatively impacted by COVID-19. She said that to date, they had received over 1,500 applications, excluding phase two, with 680 applications having been approved for $1.9 million. She commented that they had declined 396 applications primarily due to their rent or mortgage not being past due, and they would be reaching out to those individuals on the current day to let them know that they could apply for phase two, which would help people who had a COVID-19 hardship who were current with their mortgage or rent. She commented that the phase two application had opened on the previous day and that they had received over 500 applications in less than 24 hours. She explained that for phase two, residents could qualify for up to $4,000 in rent or mortgage assistance if they had suffered a financial hardship due to COVID-19 such as a layoff, furlough, loss of income due to childcare issues or COVID-19 illness in their household; additionally, direct payment would be made to the individual as reimbursement for rent or mortgage payments they already made, or to their lender or landlord if they were past due. She displayed an image of the www.ReopenLake.com webpage and said that residents could access a direct link to the application. She added that the Ernst and Young, Certified Public Accountants (CPAs) call center had opened on the previous day at 877-927-1057 and would be available Monday through Friday from 8:00 a.m. to 6:00 p.m. She mentioned that assistance with the online portal could also be found at www.submittable.com/help/submitter; additionally, Ernst and Young would begin reviewing applications by October 30, 2020, with the application portal closing on November 30, 2020 at 11:00 p.m. so that they would have time to process the applications before the December 30, 2020 deadline.

Commr. Breeden asked about the application window, and Ms. Drury replied that individuals would have about 30 days to get their applications in.

Commr. Campione inquired if the 396 individuals who were declined automatically went into the queue when it was opened on the previous day.

Ms. Drury noted that they would have to reapply and that it was a different application. She added that they would be notified on the current day.

Mr. Brandon Matulka, Executive Director for the Agency for Economic Prosperity, provided a recap of the business assistance grant program. He displayed the award structure ranging from $4,000 to $30,000 and said that to date, staff had processed and awarded about eight batches of payments which included 1,162 awarded applications for $12,635,500; furthermore, about 1,486 of these were for-profit businesses, and 176 were nonprofit organizations. He said that they had received over 2,000 applications and there were approximately 400 applications still being reviewed. He showed a chart with information including the projections for closing out the final approximate 400 applications and estimating how much of the $21 million would be remaining. He said that they had spent around $141,000 on the administration of the grant, noting that the approximately 400 remaining grant applications could total up to $3 million if they were all awarded. He mentioned that there were estimated administrative costs of roughly $13,500 remaining. He commented that the sum of the estimated and to date spending was $15,790,000 out of the $21 million total allocation for business assistance. He stated that for the remaining $5.2 million, staff would propose that they reallocate the remaining funding to individuals who had already been processed through the program. He elaborated that this could be an additional $1,000 for self-employed/sole proprietors and $2,500 for businesses with two to nine employees, up to an additional $10,000 for larger companies with 26 to 50 employees, $15,000 for businesses with 50 or more employees, and an additional $2,500 for nonprofits. He commented that staff should have a closer figure of the final amount in the following two weeks, and that the remainder of the 400 applications had been through the review process; however, they were either missing a document or had information in the wrong place. He mentioned that staff was contacting those applicants to provide assistance.

Commr. Parks asked about the largest amount given to date, and that instead of opening it up for more applications, were they going to go back and provide new awards to previous applicants.

Mr. Matulka confirmed this and said that this continued what staff had communicated previously to encourage people to apply. He added that the highest amount they had was for 50 or more employees in the amount of $30,000; additionally, they could adjust those numbers, and they had provided some $30,000 awards.

Commr. Campione inquired if special categories discussed at a previous Board of County Commissioners (BCC) meeting had been accommodated.

Mr. Matulka commented that for the categories they had discussed such as the agriculture business, staff had gotten in contact with them and put them through the process. He said that they had also discussed hoteliers and tourism businesses, and that if the Board wanted to single them out for a different reallocation amount, then staff could accommodate those items once they knew the total amount. He added that they were trying to determine the amount of extra funding and how they would move forward with expending it for businesses.

Commr. Parks asked if the larger chain hotels had applied for this.

Mr. Matulka commented that staff would have to look at what they noted as their industry and that if the County was going to increase their amount more than other businesses, they would want some guidance for how much more funding would be for those categories. He added that when staff brought it back, they could try to parcel those numbers out from the specific industry.

Commr. Campione said they would need to know how many businesses in that category had already applied so they could know how to spread out the funding they had to work with.

Commr. Blake wondered about the employee threshold for that category, and said that they could come up with this number by asking the industries that had been affected.

Commr. Campione proposed looking at which industries already fit into that category, and considering some different tiers for those small, medium and large businesses.

Mr. Cole said that staff could come back at the next BCC meeting and make some recommendations on the $5.2 million.

Mr. Matulka added that it could be more than the $5.2 million by that point.

Ms. Jennifer Barker, Executive Director of Administrative Services, provided an update on the County’s CARES Act spend plan. She said that the County was awarded approximately $64 million in CARES Act funding and had received the first phase of funding for about $16 million in July 2020, which was the funding they were currently disbursing primarily to businesses and for resident assistance. She commented that to receive the phase two allocation of $12.8 million, they had to submit a County spend plan to the State for consideration of their projects and allocations for that funding. She then relayed the following information: the spend plan had been submitted on October 6, 2020; the County was notified on October 23, 2020 that their spend plan was approved with some minor but no material adjustments; the phase two funding of $12.8 million had also been approved by the State and was expected to be received soon; and the phase three funding of approximately $35.2 million was only available on a reimbursement basis. She displayed a summary of the spend plan for the County which was split up into the three phases of the $16 million, the $12.8 million and the final $35.2 million of phase three funding that was only available on a reimbursement basis. She noted that the phase three funding included items such as nonprofits, food banks, LifeStream Behavioral Center, business and resident assistance grants, funding for the Cities, the County and Constitutional Offices for COVID-19 recovery efforts, workforce and education assistance, some marketing expenses to help the local economy, and administrative costs. She explained that since the phase three funding was only available on a reimbursement basis and that there was a December 30, 2020 deadline to spend the CARES Act funds, on October 13, 2020 the Board approved establishing a line of credit with Bank of America for approximately $35.2 million, which was the amount allocated to the County for phase three. She elaborated that the line of credit gave the County the opportunity to access the funding quicker and to accelerate the COVID-19 recovery efforts for businesses and residents, and that the CARES Act reimbursement funding would be used to repay the line of credit. She stated that funding approved in the spend plan would begin to be distributed to municipalities and other entities within the following week.

Commr. Campione expressed appreciation for staff’s efforts over the past several weeks. She noted that it was new territory.

Ms. Barker said that it had been a collaborative effort and that everyone had worked together well. She expressed appreciation for everyone’s assistance.

Commr. Campione commented that she was pleasantly surprised that the State had gotten back to the County as quickly as they did for the spend plan.

sales surtax oversight committee presentation

Mr. Michael Rankin, Chairman of the Sales Surtax Oversight Committee, explained that the committee met as often as needed to go over how funding was appropriated and spent, and as required by Lake County Ordinance 2001-130, they were obligated to bring their findings from the advisory board to the BCC. He said that the BCC had them in their packet and that he could answer any questions.

Commr. Campione said that this was just based on the committee doing their meetings through the year and looking at all of those expenditures.

Commr. Sullivan noted that it was a tremendous amount of work and that they looked at every application that came in from all of the Cities; additionally, their board reviewed the applications to ensure that they fit the categories.

Commr. Campione expressed appreciation for their work.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Sullivan, 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 through 4, 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 Eustis Ordinances 20-28, 20-29 and 20-30

Request to acknowledge receipt of Annexation Ordinance 20-28, corresponding Future Land Use Ordinance 20-29, and corresponding Design District Amendment Ordinance 20-30 from the City of Eustis.

Community Development Districts FY 2021 Annual Meeting Schedules

Request to acknowledge receipt of the Fiscal Year 2021 annual meeting schedules for the Lake Emma, Deer Island, Central Lake, Bella Collina, and Arlington Ridge Community Development Districts, in accordance with Chapter 189.015, Florida Statutes.

City of Clermont CRA Resolutions 16, 17, 18 and 19

Request to acknowledge receipt from the City of Clermont Community Redevelopment Agency (CRA) Resolution 19 adopting the FY 2020-2021 CRA Budget, and Resolutions 16, 17, & 18, adopting CRA budget amendments for FY 2019-2020, as required by Section 163.387(6)(b), Florida Statutes.

citizen question and comment period

Mr. Vincent Niemiec, a resident of the City of Clermont, displayed a map of Hartwood Marsh Road and said that it was approximately four miles long. He stated that Hartwood Marsh Road and Hancock Road had levels of service (LOS) of “D,” and he expressed concerns for gridlock traffic. He commented that many communities used Hartwood Marsh Road to travel to grocery stores, shopping centers, pharmacies and gas stations, and he mentioned that Imagine South Lake Charter School brought traffic to a standstill in the morning and evening. He relayed that the First Baptist Church on Hartwood Marsh Road was close to completion of its construction, which would include an assisted living facility and a church. He also said that there was land which would be a new community of 321 homes, along with an additional property which would have multipurpose homes with a planned unit development (PUD) granting them approximately 600 units. He stated that he had spoken with the City of Clermont Police and Fire Chiefs, who had indicated that these new communities would impact their response time. He recalled that the County had indicated that they would have a meeting with the City of Clermont, and he opined that the road needed to be expanded.

Commr. Parks said that he and Mr. Fred Schneider, Public Works Director, had a great meeting with the City of Clermont; additionally, the County was going to come to the City of Clermont in January 2021 and have a meeting regarding this area. He encouraged Mr. Niemiec to stay at the current meeting for the CR 455 PD&E study presentation, and he reported that Mr. Schneider and staff would be looking into the widening of north Hancock Road from Hartwood Marsh Road to Hooks Street, along with starting the study process.

Mr. Niemiec said that he was mostly concerned with Hartwood Marsh Road when considering there was a fire station there in addition to gridlock traffic.

Commr. Breeden asked if the two mentioned developments were approved by the City of Clermont.

Commr. Parks stated that almost everything in that area had been approved by the City.

Mr. Ross indicated that there were two raised hands over Zoom Webinar.

Mr. Jimmy Caruso, a concerned citizen, said that his comments were related to the CR 455 tab. He asked if the Board would prefer if he waited until that presentation.

Commr. Campione responded that the Board would be getting to that tab quickly and then they would have public comment.

Mr. David Serdar, a concerned citizen, commended Commissioner Sullivan and Commissioner Breeden. He also provided comments related to local government.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione said that there was a contract with transit services and that she had been in communication with Mr. Ralph Smith, a concerned individual, about how the transit company purchased their tires. She thought that there was a misunderstanding about the influence the County would have over the purchased tires for their contract with the transit company.

Mr. Cole explained that he had met with Mr. Smith about his tire concerns, and had expressed to him the way that the County had to purchase tires by law, along with the level of influence they could have over their contractor. He indicated that Ms. Jill Brown, Director for the Office of Transit Services, had also spoken with Mr. Smith.

Commr. Breeden asked if Commissioner Campione wanted to vote on this item separately or just have discussion on it.

Commr. Campione expressed interest in a discussion and said that she did not want to ignore Mr. Smith’s concerns. She understood the goal to save as much funding and taxpayer dollars as they could, though said it was explained to her that the contractor had their own contracts, many of which were negotiated at the federal level, and the County did not have a say over the tires that were selected.

Ms. Brown explained that the County’s contract with RATP Dev was for maintenance; therefore, the County allowed them to purchase the tires. She said that the County used federal funding to pay for this contract, and RATP Dev had to follow all of the procurement policies, procedures and requirements that the County would as well. She commented that RATP Dev contacted local tire companies for bids and were purchasing them for the lowest bid with the company that had tires readily available. She noted that every three months, they would usually purchase many tires.

Commr. Campione commented that Mr. Smith thought that RATP Dev was paying too much for the purchased tires. She asked if it was different for buses of different sizes.

Ms. Brown replied that they were usually purchasing tires either for the vans or buses, and that they were generally purchasing from local companies. She thought that Mr. Smith had put in bids, and that RATP Dev was still going for the lower price and availability.

Commr. Parks asked to confirm that price was considered and that RATP Dev was at least asking for local bids, and Ms. Brown confirmed this.

Commr. Blake relayed that he had these discussions with Mr. Smith and had followed up with Mr. Cole and Ms. Brown. He said that this was not something that the County could micromanage.

Commr. Campione inquired if the County paid the company a set amount or if the company passed through their costs to the County. She also asked if there would be any recourse if the company was not doing it the way they were supposed to.

Ms. Brown said that their contractor had a markup but that this did not increase since they started doing maintenance. She relayed that the County moved the contract to their contractor because it was better managed by them.

Commr. Breeden asked if the types of tires were specified in the contract, and Ms. Brown said that they were not specified.

Commr. Campione stated that if the company was paying more than necessary for certain products, then it would translate into the County paying more to them than necessary.

Ms. Brown explained that staff monitored this and reviewed the invoices each month from RATP Dev.

Commr. Campione asked that if they wanted to use a particular brand of tire but it cost more than another comparable brand, then was it their prerogative whether to use a certain brand.

Ms. Brown responded that staff would consider the cost effectiveness of that brand, and the company would have to explain why the chosen tire was better. She thought that the company was using three different brands for the vehicles, and that they were all in agreement on the brands used for the buses and vans. She said that she could bring back more information.

Commr. Campione thought that it would be worthwhile to consider the question of paying more for a certain type of tire.

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 4 through 24, as follows:

PROCLAMATIONS

Request approval of Proclamation 2020-196 designating October 23 - 31, 2020, as Red Ribbon Week in Lake County, per Commissioner Sean Parks.

ADMINISTRATIVE SERVICES

Management and Budget

Request approval of Unanticipated Revenue Resolution 2020-199 to receive additional CARES Act funding from the State of Florida and revenue from a Bank of America Line of Credit. The fiscal impact is $48,044,445.00 (revenue).

AGENCY FOR ECONOMIC PROSPERITY

Request approval of the following items related to two properties in the Lake County Central Park, Phases 1 and 2 (Alt Key 3786225 – vacant property on Independence Drive and Alt Key 3781705 – 20150 Independence Drive, in Groveland):

1. Resolution 2020-200 authorizing the release of the automatic statutory reservation of petroleum and mineral rights under Section 270.11, Florida Statutes.

2. An Estoppel Letter and Design Approval Letter.

3. A Release of Restrictive Covenants.

There is no fiscal impact. Commission District 1.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Request ratification of the Partial Release of Testing Reimbursement Agreement with Adult Medicine of Lake County, Inc., executed by the Chairman on September 15, 2020, under the authority of Resolution 2020-160. The fiscal impact is a savings of $18,840.00.

Fire Rescue

Request approval to apply for and, if awarded, accept a State Farm Good Neighbor Citizenship Grant for public safety public education materials, and authorization for the County Manager, or designee, to execute all supporting documentation. The estimated fiscal impact is $6,000.00 (revenue/expenditure).

Request approval and execution of an Automatic Aid Agreement with Marion County for fire rescue services. There is no fiscal impact. Commission District 5.

Request approval of the Hazard Analysis Grant Agreement with the Florida Division of Emergency Management, and authorization for the County Manager, or designee, to execute all supporting documentation. The fiscal impact is $8,038.00 (revenue).

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval to:

1. Extend Contract 14-0629 with Gas South, LLC (Atlanta, GA), for an additional three-year term for provision and management of natural gas use within County buildings.

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

The estimated annual fiscal impact is $105,000.00 (expenditure).

Housing and Human Services

Request approval:

1. Of Contract 20-0526 with Hunt Insurance Group, LLC (Tallahassee, FL) to provide catastrophic inmate insurance services.

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

The estimated annual fiscal impact is $85,968.00 (expenditure).

Request:

1. Approval to grant a local government contribution in the amount of $37,500.00 to Archway Partners for the proposed Palmetto Preserve affordable rental development, to be located in Eustis, payment of which is contingent upon the developer receiving funding from the Florida Housing Finance Corporation Request for Application 2020-205.

2. Approval to transfer $37,500.00 to Palmetto Preserve from General Fund Reserves that the Board of County Commissioners approved providing to Valencia Groves II in November 2018 but that was not utilized by Valencia Groves II.

3. Approval to authorize the Chairman to execute the Local Government Verification of Contribution Grant Form.

4. Denial of requests from Roundstone Development, LLC, Southport Financial Services, Inc. and Archway Partners for $460,000.00 in Local Government Area of Opportunity commitments.

The total fiscal impact is $37,500.00 (expenditure).

Parks and Trails

Request approval of the fourth amendment to the Interlocal Agreement with the City of Fruitland Park to provide funding for accessibility features, fencing, additional sod and landscaping, and additional concrete work to include curbing and sidewalk at the Northwest Lake Community Park. The fiscal impact is $50,000.00 (expenditure). Commission District 5.

Request approval:

1. To submit a Sublease Application to the Florida Department of Environmental Protection for management and routine basic trail and trailhead maintenance of the Neighborhood Lakes Parcel Number 7, a 165-acre portion of the Wekiwa Springs State Park.

2. Of supporting Resolution 2020-201.

3. To authorize the Chairman to execute any subsequent lease documents.

The estimated total annual fiscal impact is $20,300.00 (expenditure - $20,000.00 for maintenance and $300.00 for an annual fee), plus a one-time $300.00 non-refundable application fee (expenditure). Commission District 4.

Request approval of Contract 20-0920 with GAI Consultants, Inc. (Orlando, FL) for design, engineering, permitting and construction support services for the remaining improvements at the East Lake Sports and Community Complex, including the park expansion property. The fiscal impact is $488,113.00 (expenditure). Commission District 4.

Public Works

Request approval of Resolution 2020-202 to advertise a public hearing to vacate any public interest that may exist in certain right of way on County Road 455 near Minneola. The fiscal impact is $2,295.00 (revenue - vacation application fee). Commission District 2.

Request approval to accept a performance bond of $233,913.00 for construction of a sidewalk and turn lane on County Road 455 in Howey-in-the-Hills. The fiscal impact is $420.00 (revenue – permit application fees). Commission District 1.

Request approval to accept a performance bond of $326,541.60 for stormwater improvements and the paving of County Road 48 for the Spring Creek subdivision in the City of Leesburg. The fiscal impact is $800.00 (revenue – permit application fees). Commission District 3.

Request approval of an amendment to the Roadway Improvement Agreement for Sawgrass Bay Boulevard with Avalon Groves, LLC. There is no fiscal impact. Commission District 1.

Request approval of an amendment to the Maintenance Agreement for Sawgrass Bay Boulevard with Avalon Groves Community Development District. There is no fiscal impact. Commission District 1.

Request approval:

1. To re-assign Contracts 17-0212C On-Call Civil Engineering Services, 20-0901 Engineering and Design Services for CR 455, and 20-0918A On-Call Civil Engineering Services from Booth, Ern, Straughan & Hiott, Inc. (Tavares, FL) to Halff Associates, Inc., dba BESH Halff (Tavares, FL), due to acquisition proceedings.

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

There is no fiscal impact.

Transit Services

Request approval:

1. Of modification of Contract 17-0202 for transit services with RATP Dev USA, Inc. (Fort Worth, TX) to extend the contract by 20 months and replace Attachment C - Pricing 10.1.19 with Attachment C - Pricing 10.1.2020.

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

The estimated fiscal impact is $7,131,414.00 (expenditure - 100 percent grant funded).

Request approval for the Office of Transit Services to conduct an annual “Stuff the Bus” food drive, and authorization for the County Manager to annually approve the location and organization to receive the "Stuff the Bus" donated goods. There is no fiscal impact.

recess and reassembly

The Chairman called a recess at 10:18 a.m. for 10 minutes.

public hearing – County Road 455 extension pd&e

Mr. Schneider explained that the purpose of this presentation was to present the findings of the CR 455 PD&E study and request approval of the final study recommendations. He said that there would be a project presentation, a public hearing, and then the requested action.

Mr. Dwayne Darbonne, with Metro Consulting Group and Consultant Project Manager for the study, said that he would be describing how individuals could participate during and after this hearing. He commented that the team for public involvement, engineering and environmental study had been led by Metro Consulting Group in collaboration with Traffic and Mobility Consultants, and that they were led by Mr. George Gadiel, with the Lake County Public Works Department. He commented that the public hearing served as an official forum to provide an opportunity for the public to express their comments regarding the project. He asked individuals who wished to be part of the public record for this meeting to sign their attendance sheet, and he stated that this presentation would state the project purpose and need, the evaluated study alternatives, potential impacts from these alternatives, and their proposed methods for mitigation of adverse project impacts. He remarked that a formal comment period following their presentation would permit the public to provide statements during the public hearing; additionally, individuals could also provide written comments. He said that this hearing had been properly noticed and was being held in accordance with the National Environmental Policy Act (NEPA), and the Florida Department of Transportation (FDOT) PD&E manual. He displayed Federal and State laws they complied with, noting that this hearing was being conducted without regard to race, color, national origin, age, sex, religion, disability or family status; additionally, persons wishing to express their concerns relative to Lake County compliance with Title VI of the Civil Rights Act of 1964 could do so by contacting Mr. Fred Martin, Title VI/Nondiscrimination and ADA Coordinator with Lake County. He displayed a graph of population growth in Lake County, noting that it had more than tripled from 1980 to 2020 and was anticipated to increase by 37 percent by 2040. He explained that the City of Clermont and Four Corners area were projected to have substantial growth in the future, and that economic, land development and transportation projects of significance in this region included the Wellness Way Area Plan with about 15,000 acres of mixed uses, and the Four Corners area including new housing, commercial developments, and a recently completed hospital. He added that they anticipated traffic growth to occur along U.S. 27 and State Road (SR) 50. He then discussed steps in the project development process and provided this information for the first step of long range planning: the need for roadway improvements was based on future land uses (FLUs) and projected traffic volumes; the need for improvements was originally evaluated in a 2001 study; improvements must achieve the long-term vision for growth and transportation across the region; and this corridor was identified in the adopted 2015 Wellness Way Area Plan (WWAP). He explained that during the study, they performed the public involvement phase, which was the conducting of meetings and incorporation of comments into the design concept where feasible. He listed the following items for the purpose and need for this project: sustain projected future growth while preserving the character of the existing community and environment; Lake-Sumter Metropolitan Planning Organization (MPO) identified the need for an additional north-south corridor; improve safety and capacity of the regional roadway network; the WWAP identified the area as having significant economic development opportunities; and to enhance emergency evacuation and safety. He displayed a map of the study area which began at Hartwood Marsh Road and extended to Schofield Road for a length of approximately seven miles; additionally, the graphic illustrated CR 455 phase one, which was to be constructed, and phase two, which was currently under design. He remarked that their study team had coordinated with numerous agencies and stakeholders including property owners, the BCC, Water Conserv II, and the Central Florida Expressway Authority (CFX), among others. He said that during the study, there had been several opportunities for the public to provide input on this project and that several public meetings had been held dating from October 2018 through the current day. He indicated that at the conclusion of this presentation, the public would be permitted to speak at the microphone or online, noting that each comment carried equal weight regardless if it was submitted at the current meeting or on their website. He said that written comments postmarked no later than 10 days following the date of the current public hearing would become part of the public study for the record, and that all written comments should be mailed or emailed to the Lake County Public Works Department. He commented that the existing land use within the study area was shown as a mix of agricultural, residential, Conserv II, and industrial.

Mr. Ayman Saidi, Director of Engineering for Traffic and Mobility Consultants, explained that they had completed the required corridor traffic analysis for this project and that during this process, they worked closely with Lake County staff and other government agencies to ensure that they addressed all concerns regarding traffic. He commented that one of the main aspects of the traffic study was determining the LOS for the CR 455 extension and surrounding roads in the study area. He stated that the LOS could range from “A,” representing optimum traffic conditions, to “F,” which represented gridlock. He displayed the existing traffic conditions from 2018 for U.S. 27, Hancock Road, Hartwood Marsh Road, and Schofield Road, noting that all of the segments were operating over a LOS of “C,” except for one segment of Hartwood Marsh Road which was failing from U.S. 27 to Hancock Road; additionally, the adopted LOS in Lake County was “D.” He remarked that the future traffic conditions for the study roadway included the no-build condition, which reflected the projected conditions of the roads without the construction of the CR 455 extension. He elaborated that the analysis included the following roadway projects: four lanes of Wellness Way from U.S. 27 to the Orange County line; two lanes of Schofield Field from Hancock Road to Orange County; four lanes of Hartwood Marsh Road from U.S. 27 to Hancock Road; and the four lane CFX connector highway from U.S. 27 to S.R. 429 and Orange County. He said that the traffic analysis was conducted for the opening year of 2025, interim year 2035, and design year 2045, with the displayed results reflecting the design year 2045 in normal conditions, which showed that Hartwood Marsh Road would fail as two lanes from Hancock Road to CR 455. He added that Hancock Road would also fail as two lanes from Hartwood Marsh Road to Hooks Street just south of SR 50; additionally, U.S. 27 would operate below a LOS of “C,” which was the adopted LOS for U.S. 27 for FDOT. He explained that the next step was the traffic conditions evaluation for the future build condition, which reflected the projected traffic conditions for the roads with the improvements including construction of the CR 455 extension from Hartwood Marsh Road to the CFX connector as a four lane divided road, along with the widening of Hartwood Marsh Road to four lanes from Hancock Road to CR 455. He displayed the results for the design year 2045 build conditions which showed that all of the study roadway segments within the study area would operate at a LOS “C” or higher. He commented that the third alternative, the analyzed Hancock Road alternative which was displayed on a map, had roadway improvements in lieu of building the CR 455 extension which included the widening of Hartwood Marsh Road to four lanes from Hancock Road to CR 455, and widening Hancock Road to four lanes from Hartwood Marsh Road to Schofield Road. He showed results indicating that Hancock Road would fail as two lanes from Hartwood Marsh Road to Hooks Street; additionally, Schofield Road would also fail as two lanes from Hancock Road to Orange County under this alternative. He stated that after the last public hearing, it was requested to conduct an additional traffic analysis for the new alternative which examined if two or four lanes were needed for the CR 455 extension; therefore, a new alternative was analyzed which included the construction of the CR 455 extension as two lanes from Hartwood Marsh Road to the CFX connector, the widening of Hancock Road to four lanes from Hartwood Marsh Road to Wellness Way, and the widening of Hartwood Marsh Road to four lanes from Hancock Road to CR 455. He displayed the results, noting that in the design year 2045 conditions, the CR 455 extension would operate as a LOS “F” as a two lane roadway south from Hartwood Marsh Road.

Mr. Darbonne said that for the design year 2045, CR 455 needed to accommodate two lanes of through traffic in each direction, and that the safest roadway section would be a divided roadway as shown on the display. He elaborated that there would be two 12 foot travel lanes, and one four foot wide bike lane in each direction. He stated that the northbound and southbound traffic was separated by a 22 foot wide raised median, and that the 12 foot wide shared use path was shown along the west right of way line; additionally, a five foot wide sidewalk was shown along the east right of way line. He added that they also showed an eight foot high privacy wall along the west right of way line, and that this section was developed specifically for the CR 455 segment where it was closest to the Hartwood Reserve homeowners association (HOA). He commented that other sections to be used were similar to this, except they included retaining walls or a bridge, which they used to minimize impacts to floodplains, wetlands and the hydrology of Flat Lake. He displayed the build alternatives and a matrix to evaluate the impacts to the natural, social, cultural, and physical environments. He mentioned that other impacts such as required right of way, relocations, and anticipated future funding requirements were also shown. He commented that their approach was to minimize the number of relocations while reducing project costs; furthermore, they only identified one residential relocation associated with the purple alternative, and only if the median width was not reduced from 22 feet. He commented that abutting property owners preferred a roundabout alternative that required additional relocations, and that during subsequent phases of the project development, right of way acquisition would be conducted in accordance with Section 339.09, Florida Statutes, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. He said that in the previous matrix, they weighted the evaluation factors for engineering and environment at 25 percent, relocation at 15 percent, right of way at five percent because so much of the right of way would be acquired from Conserv II, public input at 30 percent, and total construction costs at 25 percent. He said that from the weighted average, the purple alignment was ranked the highest, and he displayed the construction segments as A, B and C, with A being the first segment constructed, B being the second, and C being the last. He commented that in accordance with the PD&E manual and the St. Johns River Water Management District (SJRWMD) directives, they were limited to impacting the wetlands and floodplains; for example, when the alignment crossed Flat Lake, they proposed a bridge that would minimize impacts while preserving the hydrology of Flat Lake. He said that for cultural and historical resources, since most of the corridor had previously been disturbed from citrus cultivation, they performed a historical and cultural screening, and determined no adverse effect. He stated that with regard to contamination, since the majority of the corridor had been undeveloped and primarily used by the agricultural industry, they determined only a medium risk to groundwater and found no contaminated substances. He said that for threatened and endangered species, mitigation for the federally threatened sand skink would likely be required in the design and permitting phase of the project. He added that they also concluded that there was no essential fish habitat within the study area. He stated that the project was in an area designated as attainment for all of the National Ambient Air Quality Standards, under the criteria provided in the Clean Air Act; therefore, the Clean Air Act conformity requirements did not apply to this project. He commented that traffic noise levels were evaluated and that the need for a noise abatement wall was determined to be at one location along the southbound CR 455 roadway adjacent to the Hartwood Reserve HOA, and noise levels only exceeded FDOT standards by 2045 when the roadway would be four lanes. He also mentioned that the eight foot high wall would meet the abatement requirements for this project. He said that during their 24 public and neighborhood meetings, they interacted with those projects owners in the study area and 300 feet beyond, and had received direct feedback on the alternatives; additionally, several times during the study, they reassessed their alternatives, performed additional traffic analysis, and refined their conceptual design. He stated that for CR 455 segment A, which was the Hartwood Marsh Road segment at the northern end, the full four lane section with the shared use path was anticipated to be designed, permitted and constructed. He remarked that for segment C, Hartwood Marsh Road to Wellness Way, the four lane roadway section with a shared use path was anticipated to be designed, permitted, but constructed initially as a two lane roadway and trail. He commented that for segment B, Wellness Way to Schofield Road, the full four lane roadway segment with a shared use path was also anticipated to be designed, permitted, but constructed initially as a two lane roadway with a trail. He said that from Schofield Road, CR 455 would extend south to the CFX connector, and the full four lane roadway section with a shared use path was currently under design and would be constructed by the CFX. He stated that within segment A, they developed concepts for two separate intersections designated as the northern and southern roundabouts. He elaborated that the preferred concept provided for a roundabout between the segment of CR 455 currently under design, and this study. He added that there was a full median opening at the Heritage Hills driveway, and other full median openings opposite of the mine site. He displayed the roundabout concept shown at the previous public hearing earlier in the current year, noting that due to the public comments associated with the presented roundabout, they met with the Fox Hole Road and Flat Lake residents in a workshop format, in which residents developed the current displayed concept. He explained that the environmental impacts were similar; however, there were three additional relocations required by this alternative which had been approved by the residents. He said that it was slightly more expensive to construct and had greater impacts to the active mining operation; furthermore, considering several factors, it was the preservation of community cohesion that influenced their decision to recommend the community roundabout alternative. He said that it provided for the greatest buffer feasible from CR 455 to others who would remain in the community, and he showed two landscape concepts that could be used to shield the roadway from abutting property owners. He stated that there were numerous benefits to the project and that during the next phase of CR 455, the designers would use the context sensitive design criteria which was currently being developed for Wellness Way. He showed the project cost estimate and noted that it had been updated to reflect the community roundabout alternative. He added that in summary, the CR 455 project from Hartwood Marsh Road to Schofield Road was estimated to be a $70 million project, in addition to the cost of right of way and relocations. He said that copies of the draft study documents were available at the Cooper Memorial Library and the Lake County Public Works Department; additionally, they could be found online at the study website. He stated that by the end of the current year, their final document would be submitted to the County for approval. He commented that the next step was to incorporate public comments into the decision making process, noting that the next 10 days would be the public’s last opportunity to make comments which would be reflected in the project record. He showed the project milestones and said that after this meeting, they would work on their last milestone to address the comments over the next 10 days and work to turn their draft documents into final documents before the end of the year.

The Chairman opened the public hearing.

Mr. Ross commented that three individuals had their hands raised over Zoom Webinar.

Mr. Caruso explained that his family owned approximately 686 acres along Hartwood Marsh Road, and that Titan America was their tenant there and had operated a mine since the 1960s. He relayed his understanding that the southern roundabout was selected as the PD&E preferred alternative, and then a neighborhood alternative was developed to place the roundabout in such a location that the homeowners would be more directly impacted. He said that his family understood the concerns of the residents and hoped that they could have a win-win scenario. He stated that his family did not support this plan, as the taxpayers in Lake County would have to pay significantly more. He relayed that their recommendation was that the BCC reject the alternative for the following reasons: it required 19 to 25 acres more land in Center Lake, above the 11.5 acres required by the PD&E preferred alternative; it required property from seven different owners instead of six; and it required four residential relocations instead of one. He also expressed concerns for increased construction costs due to significant grading differentials which had not been fully studied or engineered at the current time. He indicated an understanding that there would be substantial amounts of fill and potentially the engineering of a bridge over the mine property with significant slope and elevation changes there. He opined that both scenarios underestimated the cost of right of way acquisition, particularly the neighborhood alternative, as it included additional right of way from the Titan America mine and several other home sites.

Mr. Ray Flannery, a resident on Hartwood Marsh Road and one of the residents whose property would be impacted, said that this alternative consumed more residential properties but that the original alternative would have put the road within 20 to 50 feet of several other homes. He commented that the community decided that this path would be best because it would leave the people who wanted to stay there. He thanked Metro Consulting Group and the Commissioners, and he requested that the residents stay in contact and be aware of what was happening during the design phase.

Mr. Serdar said that he had attended FDOT meetings, and commented on government issues.

Mr. Kurt Beverly, representing the Taylor family properties including Hickory Groves LLC and Ed Harbor LLC, said that they were affected land owners on the southern portion of the proposed alignment. He commended County staff for their level of engagement, and noted that individuals he represented had met with staff and worked through some of their supported alignment proposals. He also said that he had submitted information reflecting their preferred alignments. He objected to the proposed alignment to the extent that it differed with the alignments he proposed, but relayed his understanding that County staff would remain engaged as they moved toward final design; furthermore, he hoped to be part of that process.

Commr. Campione asked which part he objected to.

Mr. Beverly remarked that there was an alignment under consideration which differed slightly from the alignments that they developed in working with Mr. Schneider and his staff, as they affected their parcels on the south end.

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

Mr. Schneider said that the requested action was for approval of the recommended build alternative of the County Road 455 extension PD&E study.

Commr. Parks mentioned segment B intersecting with the CFX project, and commented that part of the County’s goal with Wellness Way was to attract high wage jobs in that area. He said that they were sensitive to an alignment that was most conducive to this.

Mr. Schneider showed an image of this area and recalled that at the last public hearing, the alignment mostly followed the existing roads and curved south to meet the CFX project. He commented that the Taylor family’s proposal was to move the road over so that it was adjacent to a rectangular parcel they owned. He mentioned that by moving the road, there would be a wetland and a deeper flood zone; therefore, the County tried to compromise and tried to move it as far west toward the rectangular parcel as they could at this time. He also stated that the flood zone impacted by the recommended alignment was only a few feet deep. He stated that staff described to the Taylor family and other property owners that when they entered the design process of this segment, they expected it to be developer designed and built through road agreements; therefore, they could make some adjustments based on new information. He felt that they had avoided environmental impacts with the recommended alignment and that it met the need.

Commr. Breeden inquired if Mr. Schneider was currently asking for the Board to approve the recommended build alternative, and when they went to design, there would be room for some adjustments.

Mr. Schneider confirmed that there was room for adjustment and that if the alignment was not approved, then they could not move forward. He added that they also needed to seek State funding for the project.

Commr. Breeden asked about the cost differential for the upper section in red.

Mr. Schneider commented that at the last presentation in July 2020, the cost differential was about an additional $2 million for the neighborhood roundabout alternative. He noted that there was not much construction difference and that it was more for right of way.

Commr. Breeden expressed concerns about where the neighborhood alternative went into the mining area, and she asked if Mr. Schneider felt that the stability of the ground was adequate there.

Mr. Schneider replied that they had been concerned about the stability, and they would look at this during the design process. He also said that they would likely compact and build up the area rather than constructing a bridge.

Commr. Breeden inquired if this could lengthen the construction time, and Mr. Schneider confirmed this.

Commr. Blake asked about the purple option and that of the 93.5 acres required for right of way, how many would have to be seized by the government as opposed to there being a willing seller.

Commr. Campione said that typically, property owners preferred to go through the condemnation process because it was established by statute that they would be paid fair market value, have their attorney fees covered, etc.

Commr. Blake stated that the neighborhood north of the roundabout realized this was happening, and that they had tried to decide the least intrusive way. He commented that even if they were not taking the home, residential relocation was the government deciding the highest and best use of a property instead of the owner.

Mr. Schneider was unsure of the exact acreage that would be taken but noted that most of segment A was from the Titan America sand mine, and segment C had properties in Flat Lake. He elaborated that south of the subdivision was all Conserv II property, and that segment B was large land owners who had plans for future development. He said that the only location with residential impacts was where segments A and C met.

Commr. Campione commented that this was a challenging situation and that there was no way around this area for going north-south. She relayed that some residents had indicated a preference for nothing to happen, but that they also knew that the road situation was untenable and were open to looking for solutions. She noted that the County had heard this and was trying to be responsive to a request to give the residents closure for the route, because it created issues with moving or selling their home if they had to disclose that the road would be constructed in the future. She opined that it would be important to pursue how they could address right of way acquisitions in the area.

Mr. Ross indicated that Mr. Caruso had raised his hand over Zoom Webinar.

Mr. Caruso opined that for the portion of the mine, the costs would be more significant than what the County was estimating. He mentioned that it was steep there and was not stable ground, and he asked the County to keep this in mind. He was also unsure how this could be done without a bridge.

Commr. Parks asked for an image of segment B to be displayed and asked if the inset had a similar section in segment C.

Mr. Schneider confirmed this and said that it started as two lanes.

Commr. Parks commented that in hearing from residents about trying to preserve the rural character of the area, one concern was getting the right of way quickly. He expressed an intent that in the meantime, they could keep the rural character by planting native vegetation or using another agricultural use.

Mr. Schneider displayed a slide with vegetation. He stated that they had a narrow corridor and could not plant outside of it, and this was an effort to show what they could do with it.

Commr. Parks also mentioned that the County was moving forward with the planning effort with the residents there. He relayed the history of the area, noting that there was large tract ownership there and that entitlements had been provided; additionally, the planning of this area was only occurring at the current time. He said that he had met residents in their homes to hear their concerns, and he believed that this process would be the best to make the most of the situation. He expressed appreciation for staff and for the residents’ concerns. He opined that they could not delay the planning of this any longer and that it could cost more if it was delayed. He supported moving forward with staff’s recommendation of approval.

Commr. Breeden also supported this, but expressed concerns about the roundabout and the practicality of building.

Commr. Parks agreed that there were significant questions about this project. He asked to recognize that staff would keep residents apprised of what was going on with this project.

Mr. Ross indicated that Mr. Flannery had raised his hand over Zoom Webinar.

Mr. Flannery asked to confirm that sooner would be better for early acquisition. He also supported native vegetation, and indicated an interest in the lighting being mitigated as much as possible.

Mr. Schneider stated that lighting needed to be provided at roundabouts, but they could use dark-sky lighting; furthermore, they were not proposing to light the rest of the alignment. He said that staff had approached three residents about the acquisition of those homes, and this was something they would continue to move forward with.

Commr. Campione supported moving as quickly as possible with regards to those homes, and to help bring closure so they could plan accordingly.

On a motion by Commr. Parks, seconded by Commr. Breeden and carried by a vote of 4-1, the Board approved the recommended build alternative of the County Road 455 extension Project Development and Environment Study, with the recommendation to keep residents apprised of what was occurring with this item.

Commr. Blake voted no.

public hearings: REZONING

rezoning consent agenda

Commr. Campione indicated that she had comment cards for Tabs 4, 6 and 7.

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 recalled that on October 7, 2020, the Planning and Zoning Board recommended approval of the consent agenda. He requested that the Board accept the consent agenda, Tabs 1, 2 and 3, as presented.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding any cases on the Rezoning Consent Agenda, the Chairman closed the public hearing.

Commr. Parks asked to meet with representatives of the mining industry before the next hearing because he had a question about how Tab 2 would affect the clearing of wetlands and how much would be restored.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 3, as presented, pulling Tab 4 to the regular agenda:

Tab 1. Ordinance 2020-61

Rezoning Case # RZ-20-24-5

Ewing Irrigation & Landscape Supply Rezoning

Rezone 2.39 +/- acres from Community Commercial District (C-2) to Planned Commercial District (CP) to accommodate light industrial activities in association with an irrigation and landscape supplier, to include outside storage and consideration of a utility connection waiver.

Tab 2.

Rezoning Case # CP-19-06

Open Space Requirements for Sand Mining Comprehensive Plan Text Amendment (Transmittal)

Amend Comprehensive Plan Policy I-4.2.1 entitled ‘Limitations of Development within the Green Swamp Area of Critical State Concern’ to exempt sand mining operations within the Green Swamp Rural Conservation and the Green Swamp Core Conservation Future Land Use Categories from adhering to the open space requirements during active mining operations and to allow open space credit for all areas subject to reclamation including planned water bodies, artificially created wetlands, and uplands; and amend Comprehensive Plan Chapter X entitled ‘Definitions & Acronyms’ to revise the definition of open space to include reclaimed lands.

Tab 3.

Rezoning Case # FLU-20-01-1

Rubin Groves Future Land Use Amendment (Transmittal)

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category on approximately 208 acres from Green Swamp Ridge to Green Swamp Rubin Groves Future Land Use Category (FLUC), a newly proposed FLUC, and amend associated Comprehensive Plan Policies to incorporate the Green Swamp Rubin Groves FLUC.

rezoning regular agenda

Tab 4. Ordinance 2020-62

Rezoning Case # RZ-20-25-4

East Lake Community Church

Rezone ten (10) acres from Agriculture (A) to Community Facility District (CFD) to facilitate a church sanctuary, playground, park, multi-purpose building, playing fields, and outside open air basketball court for the East Lake Community Church.

Tab 5. Ordinance 2020-63

Rezoning Case # RZ-20-21-1

Pacific Ace PUD Amendment

Amend PUD Ordinance #2019-22 to revise Section D, Architectural

Standards; include Board of Adjustment (VAR-19-42-1) action; and include an additional condition as proposed by the Public Works Department.

Tab 6. Ordinance 2020-64

Rezoning Case # FLU-19-07-2

Evergreen Estates Future Land Use Amendment (Adoption)

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category on approximately forty (40) acres from Wellness Way 1 to Planned Unit Development (PUD) to facilitate the development of an eighty (80) lot residential subdivision.

Tab 7. Ordinance 2020-65

Rezoning Case # RZ-19-32-2

Evergreen Estates PUD Rezoning

Rezone approximately 40 acres from Agriculture to Planned Unit Development (PUD) to facilitate the development of an eighty (80) lot subdivision.

east lake community church

Mr. McClendon presented Tab 4, Rezoning Case # RZ-20-25-4, East Lake Community Church. He explained that the property was located on the north side of SR 44, just east of William Lane in the unincorporated City of Eustis area within Commission District 4; additionally, the tract size was approximately 10 acres. He said that the request was to rezone the property from Agriculture to Community Facility District (CFD) to construct a church. He displayed the current FLU designation of Rural, and he relayed the following staff analysis findings: there was a manufactured home with some accessory uses on the property; the requested church use was consistent with all applicable codes and elements of the Comprehensive Plan (Comp Plan), including Land Development Regulations (LDRs) Section 3.01.02, Classification of Uses; the request was also consistent with LDRs Section 3.00.02, Purpose and Intent of Districts; and the rezoning was consistent with the Rural FLU category, which allowed for religious organizations as a typical use in that category. He recalled that at the Planning and Zoning Board meeting, that board had added a condition that limited the uses to a religious use facility only; therefore, daycare and school uses would be prohibited. He relayed that staff would request that the Board accept the Planning and Zoning Board’s recommendation and approve the request with the modified conditions that were presented.

The Chairman opened the public hearing.

Pastor Earl Hammond, with East Lake Community Church, said that they wanted to be a good neighbor and opined that it was a great area for a church due to developments there.

Ms. Karen Wilson, a neighbor of the subject property, said that there were no structures on the subject property. She mentioned that there were two other churches in the area, and she said that she was not notified about this case. She commented that she did not mind having a church next door, and she supported having the restrictions in place. She questioned where the buildings would be placed, the setbacks, how many structures there would be, square footage, hours of operation, activities and outdoor venues. She noted that there was a septic tank and well on the property, and she commented that she needed a buffer to block sound and light; furthermore, she preferred a berm. She opined that this affected her property value, and she also questioned how people would access the property.

Commr. Campione asked where she lived, and Ms. Wilson replied that she was north of the property. Commissioner Campione then inquired if she had access off Stagecoach Trail.

Ms. Wilson confirmed that this was correct.

Commr. Campione asked how Ms. Ashley Simmons, another neighbor of the subject property, accessed her property.

Ms. Wilson responded that Ms. Simmons was on CR 44 and that the subject property was to her west.

Ms. Wilson mentioned that Ms. Simmons was also concerned about the parking location and stormwater runoff. She expressed concerns for there being a baseball field, and she inquired if there would be portable buildings, modular buildings, schools, emergency shelters, audio amplification, and a community garden. She recalled that Pastor Hammond had previously stated that it would be two to three years before the building construction, and she asked for documentation regarding the placement of these items. She then asked that if it would revert to the original zoning if the church could not be built.

Commr. Campione clarified that it would have to go through a public hearing process to change in the future. She was unsure why Ms. Wilson was not notified about the case, noting that advertisements were sent out 500 feet from the property.

Mr. McClendon confirmed that Ms. Wilson was on the County’s notification buffer list, and clarified that they notified out to 1,000 feet of this property; however, whether the mailer reached the mailing or physical address was another question. He added that the property was also posted.

Ms. Melanie Marsh, County Attorney, commented that the mailers looked like small postcards, and she thought that many people probably did not pay attention to them. She believed that they were blue and yellow in color, and she confirmed that the property was posted on the front, off of CR 44.

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

Commr. Campione noted that there was a concept plan in the Board’s packet. She asked to confirm that churches were considered to be an allowable use in almost every zoning district and land use.

Mr. McClendon believed that churches were allowable in the following zoning districts: Neighborhood Commercial; Community Commercial District; Planned Commercial District; Light Industrial District; Heavy Industrial District; Planned Industrial District; and Community Facility District.

Commr. Campione asked if he could describe what the applicant was showing on the plan.

Mr. McClendon displayed the concept plan and pointed out the proposed sanctuary, playground, outside courtyards, the proposed multiuse building, and basketball courts in the back.

Commr. Campione inquired if the parcel in the back was part of this, and Mr. McClendon confirmed this. Commissioner Campione thought that the church use with recreational and outdoor uses could be compatible, though she understood the concern for some certainty about where things would be situated.

Commr. Breeden asked about the buffer.

Ms. Wilson submitted an item into the record that showed where several items would be on the property.

Commr. Campione said that this was more of a regular site plan, and was the type of item that the church would have to bring in when they were ready to begin construction. She stated that it would have to adhere to the County’s minimum requirements that were not specified in the ordinance.

Commr. Parks commented that the Board could require in the ordinance that a buffer would have to be on the northern property line.

Commr. Campione thought that the side buffers would matter, or that there could be landscaping planted.

Mr. McClendon said that between the CFD and Agriculture zoning districts, there was no required landscape buffer; therefore, the Board could impose a buffer.

Commr. Campione thought that it would be applicable to where the house was located on adjoining properties. She opined that they would not want to go the entire distance because it could be an inordinate burden.

Commr. Breeden proposed that when it came back for a site plan, buffers and setbacks would need to be addressed.

Commr. Campione asked if they could require a site plan to come back before the BCC to ensure that there were buffers, that dumpsters would not impact neighbors, etc.

Ms. Marsh proposed that the Board consider postponing this case and have the applicant provide further detail. She said that the site plan would only comply with the terms of the ordinance or the code, and if the Board wanted to make changes, they would have to initiate a County rezoning to redo the CFD zoning. She opined that they were better off postponing it and working with the applicant to bring back an item to include in the ordinance.

Commr. Sullivan questioned if they were at this stage. He commented that they were purchasing the property and that there would be two or three years before construction.

Commr. Campione said that they could establish minimum requirements. She opined that creating some certainty and minimum requirements was the best thing that the applicant could do.

Pastor Hammond explained that the ballfields on the north side of the property would likely never be built due to the land there not being very usable for this. He said that they were considering building a church building on the first plateau area about a third of the way back on the property, and the rest of the property would be built at a later date. He expressed interest in being able to move ahead, and mentioned that they were not looking to build a megachurch there.

Commr. Campione asked if they could postpone the case for 30 days so that she could work with him and the neighbors to develop something to address concerns.

Pastor Hammond was amicable to this.

Commr. Campione also said that the north side of the property could possibly be used as a buffer. She said that they may be able to come up with some conditions to make everyone more comfortable.

Commr. Blake opined that Pastor Hammond was the type of person who would negotiate in good faith, and he did not think that it was necessary for the government to stipulate this.

Pastor Hammond explained that they wanted to be a community church and that this meant involving outside individuals. He indicated an intent to offer a place where people could come to experience comradery or fellowship.

Commr. Campione indicated that she had known Pastor Hammond for a long time and that he was a man of his word; however, she also wanted to ensure that the neighbors could feel comfortable. She thought that there was room to have some minimum items in the ordinance to address this.

Commr. Breeden asked if waiting 30 days would create any issues with the purchase of the property.

Pastor Hammond replied that this should not be an issue, but expressed a concern that there would be so many restrictions placed upon them that it would not be worth their while to have a church there.

Commr. Campione relayed her understanding that the opposition was about some uncertainties such as outdoor amplification, lighting and setbacks. She said that the County’s code did not currently have a setback requirement.

Pastor Hammond said that they would not be the type of church that would be playing loud sounds or having a significant amount of lighting. He indicated that they were willing to work with these items in the community to make this acceptable and an asset to the community.

Commr. Parks asked if the Board could add the conditions that Pastor Hammond had stated to the ordinance, including a buffer.

Commr. Campione noted the following items: 25 foot side buffers; no ballfield night lighting; lighting associated with parking, etc. would be dark sky lighting; and dumpsters would be centered on the property. She said that Pastor Hammond would have to meet the SJRWMD requirements for retention areas, and she mentioned having no outside amplification of sound.

Commr. Sullivan inquired if this could be done in two weeks rather than 30 days.

Commr. Campione stated that it could be added to the ordinance at the current time.

Ms. Marsh explained that this could be included in the ordinance as part of the Board’s motion; additionally, the ordinance had already been amended between going before the Planning and Zoning Board and the BCC, so it included the restricted uses to not have education, daycare, a school, etc. She said that the Board could add a restriction for no field lighting, along with a 25 foot buffer around the perimeter and no outside amplification.

Commr. Blake expressed a concern for prohibiting outside amplification if Pastor Hammond was going to have a festival or music outside.

Commr. Campione thought that the idea was that it would not be permanent amplification.

Mr. McClendon clarified that special events were already exempt from the noise ordinance.

Commr. Campione asked how wide the property was.

Pastor Hammond replied that it was approximately 350 feet wide and around 1,250 feet deep. He added that a home to the east was on 10 acres, and there was nothing on the west side until the back of the property. He commented that property along the east side past the first house was vacant.

Commr. Campione asked to confirm that the 25 foot buffers were reasonable, and Pastor Hammond confirmed this. She stated that the DOH would oversee the well and septic tanks, and she then listed the following conditions: no night lighting for ballfields; no permanent outside amplification; and 25 foot buffers. She also suggested to center the structures as much as possible on the property.

Pastor Hammond said that there was a logical place for the structures, noting that they were looking to build on a plateaued area near the front of the property, along with a clay area up higher on the next level back for a multipurpose building. He added that they would be leaving the large oak trees.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Tab 4, Rezoning Case # RZ-20-25-4, East Lake Community Church, with the following modifications: a 25 foot setback; no lighting of any field areas; and no permanent amplification.

pacific ace pud amendment

Mr. McClendon presented Tab 5, Rezoning Case # RZ-20-21-1, Pacific Ace PUD Amendment. He explained that the case was located on the east side of U.S. 27, in Commission District 1, and that it was approximately 380 acres in size. He said that the requested amendment was to revise Section D for the architectural standards, include a Board of Adjustment action for the property, and add a condition as provided by the Lake County Public Works Department. He commented that the FLU on the property was Urban Low, and that it was zoned PUD. He showed the concept plan for the 555 lot subdivision, noting that it started on the east side of U.S. 27, and that it connected to Sawgrass Bay Boulevard on the east side. He relayed that the applicant was looking to amend the existing approved ordinance from March 2019 to eliminate some architectural standards and to include a new condition to have pavers for driveways. He added that the condition proposed by the Public Works Department would require the Sawgrass Bay Boulevard connection once the applicant completed this project at the halfway mark. He said that from the staff’s analysis, the proposed amendment did not conflict with the LDRs or the Comp Plan, and he commented that the requested action was to find the request consistent with the Comp Plan and approve the rezoning amendment.

Mr. Dan O’Keefe, an attorney representing the applicant, thanked staff and the District Commissioner for their work on the proposed modification to the conditions. He said that the applicant agreed with staff’s recommendation of approval, and he requested the Board’s approval.

Commr. Campione asked if this was primarily about eliminating rules pertaining to elevation.

Commr. Parks said that it was to amend the PUD for some of the architectural criteria. He recalled that he, Commissioner Campione, and Commissioner Sullivan had questions in the previous year about the design of the homes, and that the applicant had entitlements that extended back to the year 2000 for the property; therefore, it was not a land use decision and the Board was trying to get the best out of that residential development. He said that the Board had asked for some stringent architectural guidelines, and that the applicant had met with Commissioner Sullivan and himself to review the criteria and make a request regarding the 18 inch eaves. He mentioned that this had come from some other design criteria and that the applicant was requesting a waiver for this.

Commr. Sullivan added that the applicant was also requesting to reduce the number of plans that the Board had requested so that they could try to meet requirements and provide variety.

Commr. Breeden said that she did not have an issue with this and that based on the applicant wanting to use pavers and relocate heritage trees, she opined that it would be a higher quality subdivision.

Commr. Parks stated that pavers rather than pavement was an upgrade for permeability.

Mr. O’Keefe added that they had a condition to relocate the heritage trees but that the site work had not been done yet.

Commr. Campione asked if there was a requirement that the trees survive, or if something had to be done if they did not survive.

Mr. O’Keefe replied that they had professional arborists working on this, though it was not part of the request today; rather, it was done by the Board of Adjustment.

Commr. Parks commented that they had insurance for the trees and that if they died, it would go toward mitigation.

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. Parks and carried unanimously by a vote of 5-0, the Board approved Tab 5, Rezoning Case # RZ-20-21-1, Pacific Ace PUD Amendment.

evergreen estates FLU amendment (adoption) & pud rezoning

Mr. McClendon presented Tab 6, Rezoning Case # FLU-19-07-2, Evergreen Estates Future Land Use Amendment (Adoption), and Tab 7, Rezoning Case # RZ-19-32-2, Evergreen Estates PUD Rezoning. He said that the property was located on the north side of Hartwood Marsh Road, just east of the City of Clermont, and just west of the Lake-Orange County boundary line. He commented that the property size was approximately 40 acres, and the request was to amend the FLU map from Wellness Way 1 to PUD to construct an 80 lot subdivision. He displayed maps indicating that the current zoning was Agriculture, that the current FLU was Wellness Way 1, and that the proposed FLU was PUD. He commented that for the FLU amendment, the Board had recommended to transmit it to the Florida Department of Economic Opportunity (DEO) on June 19, 2020, and the State had no objections, recommendations or comments. He said that if the Board adopted this FLU amendment, staff would contact the State again. He then relayed that the City of Clermont had stated that they had the ability and capacity to serve the project, though they included a letter objecting to the request which included concerns for existing traffic conditions on Hartwood Marsh Road. He then said that Tab 7 was the rezoning side of this item and was to construct an 80 lot subdivision. He showed the concept plan, noting that the connection would be through the City of Clermont subdivision to the west; additionally, only two large estate lots would access Flynn Court. He commented that the request was consistent with the County’s current development standards in the LDRs, and he displayed the two requested actions for the FLU case and the rezoning case; furthermore, staff requested individual votes. He indicated that there was a notice to appear from one of the residents, and he asked the Board to allow them the same amount of time as the applicant.

Mr. Dan O’Keefe, representing the applicant, said that staff confirmed that their request met all of the County’s requirements, and that it was consistent with the Comp Plan and LDRs. He recalled that the Board unanimously approved to transmit the request to the State, and the State came back with no additional comments or questions from the DEO. He stated that the property had a FLU designation of Wellness Way 1, and they were requesting less density than what the current County adopted land designation allowed. He then presented information pertaining to the request and displayed a map of the area, noting its proximity to Wellness Way. He also showed a map of the FLUs of surrounding properties, and said that there was a fair amount of density east, west, south and southwest; additionally, this development would be the estate section to the Lakeview Preserve community to the west which was currently under construction with Pulte Homes. He displayed an image indicating that with Wellness Way, there was a minimum density of three units per acre and a maximum of 20 units per acre including condominiums, apartments, townhouses and single family; furthermore, it also required nonresidential commercial uses. He indicated that they were proposing a maximum of two units per acre over the 40 acres for 78 units in the subdivision, along with two five-acre tracts with only single family homes. He showed images detailing the evolution of the project over time and opined that it had gotten better, noting that there had been reduced density, larger minimum lot sizes, and prohibiting access to Flynn Court and Champagne Drive. He displayed community highlights and said that the project would be part of the Lakeview Preserve gated community with parks and amenities that would be shared. He added that there would be water and sewer service rather than septic tanks, that there would be no access to Flynn Court, Sadler Court or Champagne Drive except for the two five-acre estate lots, and the access from the five-acre lots would be limited to driveway access. He stated that there would be no commercial development, and that there would be natural/Florida friendly vegetation in the buffer areas. He showed a site plan which included the two five-acre parcels, larger buffers along the north of lot nine, a minimum 50 foot landscape buffer to the south, and the additional buffer and pond along Champagne Drive. He said they heard concerns regarding transportation, and he showed a slide regarding CR 455 to provide connectivity, and he also mentioned Hancock Road being extended north-south; however, he opined that more east-west connection roads were needed. He said that Wellness Way would connect to New Independence Parkway, and he also mentioned Schofield Road, the CFX expressway, a connection from U.S. 29 to SR 429; furthermore, Sawgrass Bay Boulevard would provide another connection from Orange County to U.S. 27. He said that all of these projects were in various stages of approvals, acquisitions and road agreements for construction. He said that if the subject development progressed similarly to the adjacent Lakeview Preserve and if they had an approval at the current meeting, then the PUD would be approved in the fourth quarter of 2020, site development work would be completed in the latter part of 2022, and they would expect to have homes under construction in 2022 and first occupied in 2023. He also opined that this would start to align with progress that the County and its partners were making on the road network. He commented that Lakeview Preserve opened in July 2019 and that there had been 157 homes sold, split between Pulte Homes and Taylor Morrison Homes. He said that it would be 78 homes, plus the two five-acre homes. He showed pictures of the Lakeview Preserve community, along with the roundabout constructed by the developer to slow traffic on Hartwood Marsh Road without receiving any transportation impact fee credits, and remarked that this was the entrance that would also be used by the subject development. He said that sales had been robust in this area and that they had Pulte Homes and Taylor Morrison Homes as builders. He commented that the subject development would share an amenity center with Lakeview Preserve, which was approved by the City of Clermont for 323 lots; additionally, they were primarily 50 and 60 foot lots with a small number of 75 foot lots along the lakefront. He mentioned that there was a clubhouse, pool and fitness center which would be shared with the subject development. He displayed a site plan of the development, noting a roundabout on Hartwood Marsh Road which was constructed by Pulte Homes without any request for impact fee credits; rather, it was a condition they agreed to with the City of Clermont. He added that the current project would utilize the same entrance, and that the site plan approved by the City of Clermont had the main road connecting to the Lake County Water Authority (LCWA) right of way. He elaborated that they would propose that this be the entrance to Evergreen Estates and that a card would have to be used so that individuals could not take a shortcut down the LCWA right of way. He then displayed images of the type of homes being constructed in the area, and he showed a list of architectural guidelines. He indicated that they had been speaking to the district Commissioner and wanted to address concerns about architectural standards. He said that they added the following additional four architectural guidelines: garage doors to have features with windows and/or trim; no front facades will have less than two windows; each floorplan shall have four elevation styles with four color options; and all driveways will be constructed with pavers, with the exception of driveway aprons and sidewalks. He commented that this was in addition to the following existing suggested conditions: no two same plans with the same elevation next door or directly across the street from each other; no two same plans with the same color scheme next door or directly across the street from each other; and native/Florida Friendly waterwise landscape material consistent with University of Florida Institute of Food and Agriculture Services (UF-IFAS) criteria would be used in all of the buffers. He thanked the Board for approval of the transmittal, and he thought they did a great job at balancing everyone’s comments and concerns. He commented that they had addressed concerns for access to Flynn Court and Champagne Drive, and he submitted emails of support into the record from several individuals who lived in the area. He concluded by requesting approval of both of these items.

The Chairman opened the public hearing.

Mr. John Kruse, with the City of Clermont, stated that the City of Clermont was requesting that this project be denied based upon the information contained in Attachment A of the Board’s packet. He listed these three primary issues of concern: transportation access issues, noting that Hartwood Marsh Road was a LOS “F” with no timed improvements; no secondary emergency access point, pointing out that the access point was also the emergency access point and that the City normally required a secondary access for emergency vehicles; and a concern for what would prevent residents from exiting on the LCWA roadway. He also relayed concerns for inconsistencies with the joint planning area (JPA) and the City, recalling that the applicant had submitted this in August 2020 for a JPA review; furthermore, the City had noticed that there was Miami curb and gutter, which was not consistent with the JPA requirements. He added that JPA Section 15.02.10 discussed grading and elevation changes of 10 feet; however, an area on the site plan showed a 14 foot high retaining wall. He also indicated a concern for the inefficient use of services, noting that currently, the applicant had not approached the City for a utility agreement. He relayed that they would also be imposing a 25 percent surcharge for water and sewer, and that the property may be annexed into the City with a utility agreement, though the City would have to consider the quality, character and context of the development; furthermore, they believed that under the current proposal, the City would forgo annexation and allow the project to stay in Lake County. He opined that the project should be denied and that the existing character of the area should remain in the five acre tracts as platted. He added that the Planning and Zoning Board had also recommended denial.

Mr. Sebastian Mascaro, the owner of lot nine directly north of the subject property, opined that Pulte Homes had done a great job with reaching out and addressing his concerns. He also opined that the proposed density was better than the density that they could be allowed, and he did not think that the applicant should have access to Champagne Drive and Flynn Court.

Mr. Joseph Eddy, a resident on Hartwood Marsh Road, said that he lived northwest of the LCWA easement. He commented that he managed a homestead with about six homes, and said that their mailboxes and trash were at the edge of the LCWA easement and Hartwood Marsh Road; therefore, typically their best way to reach the mailboxes would be the LCWA road. He commented that they never had a paved road to get to their property from Hartwood Marsh Road, and he expressed appreciation for having a permanent easement through the neighborhood. He opined that the LCWA road was rarely used and commented that it was a lime rock road. He also relayed that he had been pleased with the quality of the homes in Lakeview Preserve. He opined that the subject development would bring improvement to the neighborhood.

Ms. Stacie Welch, a resident on Champagne Drive, opposed the rezoning and opined that reasons for the denial of this request by the BCC and the Planning and Zoning Board still existed. She commented that the adjacent land use was five-acre rural lots and opined that this proposal did not fit. She expressed concerns for Hartwood Marsh Road being rated at an LOS “F,” for overcrowded schools, for there not being any planned schools to alleviate this issue, and for school budgets. She commented that the developers were indicating that there would be 80 homes on 40 acres; however, she opined that it was 78 homes on 30 acres, with two five-acre lots. She questioned if there was any guarantee that the five-acre lots could not be developed in the future, and she opined that the letters of support were from individuals who would benefit financially from this proposal. She also indicated concerns for having emergency vehicles go from a county into a city, and she opined that it would create issues for road infrastructure and services. She recommended for the Board not to approve this request.

Mr. Raymond Flynn, a resident on Flynn Court, displayed a map of the area and said that the Lake-Orange County Connector was planned for completion around 2026. He added that the CR 455 extension appeared to be six to seven years from completion, and he opined that the relief to any transportation issues in the area would be at a later date after the community was built. He expressed concerns for 78 homes on 40 acres and felt that it did not fit the area. He mentioned that there were five-acre lots south and east of the property, one-acre lots north of the property, and Lakeview Preserve to the west. He mentioned that there were five foot setbacks on lot lines and ten feet between homes. He opined that Wellness Way was not adopted to facilitate urban sprawl, and relayed that many residents there had purchased their property before Wellness Way was adopted. He noted that the City of Clermont had significant reservations about this project, and he asked the Board to deny this proposal.

Ms. Leanne Graham, a concerned citizen, said that she and a neighbor had farm animals and expressed concerns for there being a close proximity with the subject property and no buffers. She mentioned landscape buffers and expressed concerns that native plants could encroach in their pastures and cause ramifications for their livestock. She also indicated concerns for roads not being able to accommodate emergency vehicles, and she asked that the request be denied.

Mr. Niemiec relayed his understanding that an individual had purchased five acres and that there would only be 35 acres for homes. He displayed a map of Hartwood Marsh Road and said that there were 5,325 homes in the area. He expressed support for not having 80 more homes built in an area where they did not belong, and he indicated concerns for the amount of time it would take for emergency medical services (EMS), the fire department, and police to go through the gates to reach the proposed development.

Ms. Yanette Moyano, a resident on Flynn Court who had filed a notice of appearance, said that her property was adjacent to the five acres that had been sold. She expressed concerns for living on the Lake-Orange County line and for being near a complicated area where individuals would have to go in through the City of Clermont and back into Lake County. She relayed that there was confusion in the area because they were on the county border and there was overlap; additionally, she opined that they had an issue with emergency services due to this. She commented that their garbage services on Flynn Court were Lake County; however, Lakeview Preserve would have City of Clermont services, and Evergreen Estates would be services by Lake County. She questioned if sanitation trucks would go through Lakeview Preserve to access Evergreen Estates or if they would use the LCWA road. She noted that the LCWA road was a lime rock road and that it was not easy to use, and she asked if residents would use this road or if it would be paved. She mentioned that the section of Hartwood Marsh Road which would be impacted was the narrowest portion of that road, and that it did not have a shoulder or turn lanes. She also relayed concerns about noise from livestock impacting the proposed development. She said that the subject property did not have access to a main road, and she felt that the five acre plats were in keeping with the integrity of the established community. She requested that the Board deny the case.

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

Mr. O’Keefe thought that the compatibility discussion was supported by staff and the existing FLU designation. He also thought that it was the direction of the Board that emergency access on Flynn Court or Champagne Drive was not desirable, and he commented that would comply with the JPA. He relayed that if this request was approved, the service providers would be the same as for Lakeview Preserve and that fire protection and garbage collection would be provided by Lake County, police service would be provided by the City of Clermont, and all of the properties would be served by the City of Winter Garden post office and have a City of Winter Garden address.

Commr. Parks supported using native plants in buffers and commented that the plants would be purely Florida native. He said that for school concurrency, the development would pay the school impact fees and this would go into a fund, but it would not necessarily be immediately spent to construct student stations at nearby schools; however, this was a policy from the Lake County School District. He commented that fire protection would be from the County’s first responder agreement with the City of Clermont and that the City would provide this service to the subject area. He added that if there was a disagreement regarding how much of a burden this placed on the City, the County would pay them per call. He recalled that the Board had denied this case twice and that the City of Clermont had approved 323 units adjacent to the subject property. He mentioned that there were 22 subdivisions along Hartwood Marsh Road, with 21 having been approved in the City of Clermont. He said that on the Orange County line, there was the same density that was already approved and that at some point, Orange County had decided that they did not want to widen Hartwood Marsh Road. He said that the Board was trying to get the best out of this case, and opined that if it was in the City of Clermont, there would not be a native buffer requirement, and there would be access to Flynn Court and Champagne Drive. He clarified that the proposed ordinance indicated that there would never be access to these roads, and he added that the developer would not be able to develop the five-acre lots; furthermore, they would have to go through the same process as a resident would.

Ms. Welch commented that residents living on Flynn Court and Champagne Drive were asking for stipulations that the five-acre lots could never be developed and that all of the five-acre lots sold had to remain as such.

Commr. Campione asked about access to Flynn Court and Champagne Drive, along with the five-acre tracts later being subdivided to circumvent this process.

Mr. O’Keefe thought that both of these items were addressed in the ordinance and that if a further deed restriction clarifying this on the five-acre tracts was helpful, then they could have a deed restriction that the County Attorney deemed satisfactory.

Ms. Marsh explained that the access portion was included in the Comp Plan amendment and that it indicated that if the Board approved the amendment, there would be no access, emergency or otherwise, to Flynn Court or Champagne Drive, except for the five-acre estate lots.

Commr. Campione asked what would happen if the City of Clermont annexed the property.

Ms. Marsh replied that the County would have no jurisdiction at that point, and the City could then choose to do what they wanted with it in their Comp Plan. She added that the County could not regulate this in perpetuity if the City annexed it.

Commr. Campione inquired if this could be addressed in a deed restriction so that it would run to the benefit of the owners of property on Flynn Court and Champagne Drive.

Ms. Marsh said that she had not seen this done, and she was unsure if someone could challenge this in the future as being a type of taking or other claim.

Mr. O’Keefe proposed that they would offer to do this, noting that the applicant had made the commitment from the beginning for this to be a perpetual restriction. He explained that they were willing to have a deed restriction in favor of the lot owners along Flynn Court and Champagne Drive that would require unanimous approval for them to release the deed restriction.

Commr. Campione was unsure why the development would not go into the City of Clermont, but commented that there could be something that did not make this possible. She said that this could be addressed in the future, and she opined that it was challenging to do something like this, when considering the conditions on Hartwood Marsh Road and the residents’ concerns, unless the Board knew they were getting something for the residents that they otherwise would not be guaranteed if this development went into the City of Clermont. She thought that one takeaway from the County approving this zoning was that they could not open those two roads or subdivide the five-acre tracts.

Mr. O’Keefe said that they would commit to include both of these items in a private deed restriction to be reviewed by the County Attorney.

Ms. Marsh confirmed that this could be done, though she was unsure how enforceable it would be. She relayed that her recommendation would be for the developer to have agreements with the residents, and then they could enforce it. She added that this would be for the PUD.

Commr. Parks expressed support for this item if this was a condition that would be worked out.

Commr. Campione said that it could be made part of a motion as a condition of the PUD, and she stated that the Board was doing something that helped the residents significantly; otherwise, they could see a change to how those roads were used. She relayed an understanding that what the City was going to do initially was have those roads be open. She opined that the Board was helping create two different lifestyles with the subdivision and the five-acre lots, and by ensuring that they had separation, they would help those five-acre tracts maintain their character and lifestyle.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Tab 6, Rezoning Case # FLU-19-07-2, Evergreen Estates Future Land Use Amendment (Adoption),

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Tab 7, Rezoning Case # RZ-19-32-2, Evergreen Estates PUD Rezoning, with the following modifications: a requirement for native landscaping; a deed restriction for no access to Flynn Court or Champagne Drive; a deed restriction to prohibit further subdivision of the five-acre tracts; the applicant would be required to have separate agreements with the adjacent property owners so that the property owners could enforce those two restrictions; and the inclusion of the architectural standards submitted by the applicant.

Public hearings

ORDINANCE 2020-57 medical services in c-1 zoning

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, CHAPTER III, SECTION 3.01.03, ENTITLED SCHEDULE OF PERMITTED AND CONDITIONAL USES, TO ESTABLISH MEDICAL SERVICE(S) AS A PERMITTED USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this matter, 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, in the second of two public hearing, to adopt and execute Ordinance 2020-57 amending Land Development Regulations, Section 3.01.03, entitled Schedule of Permitted and Conditional Uses, to establish medical services as a permitted use within the Neighborhood Commercial (C-1) zoning district.

ORDINANCE 2020-58 hazardous waste-cost recovery for incidents

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 23-11, LAKE COUNTY CODE, ENTITLED DEFINITIONS; AMENDING CHAPTER 23, ARTICLE IV, ENTITLED HAZARDOUS WASTE AND HOUSEHOLD HAZARDOUS WASTE; CREATING SECTION 23-69, TO BE ENTITLED HAZARDOUS MATERIALS – COST RECOVERY FOR INCIDENTS, TO PROVIDE FOR THE RECOVERY OF COSTS INCURRED IN THE MITIGATION OF HAZARDOUS MATERIALS OR HAZARDOUS WASTE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING 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. Blake, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved to adopt and execute Ordinance 2020-58 creating Section 23-69, Lake County Code, to be entitled Hazardous Waste-Cost Recovery for Incidents, establishing a mechanism to recover the costs of a hazardous waste and/or materials cleanup from the party responsible for causing the incident.

ordinance 2020-59 city of mascotte fire protection

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; INCLUDING THE CITY OF MASCOTTE INTO THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION; INCLUDING THE CITY OF MASCOTTE IN THE LAKE COUNTY FIRE ASSESSMENT; CREATING A NEW SECTION 20-1(21), LAKE COUNTY CODE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

Commr. Campione said that this was a provision whereby the County would be providing the fire services for the City of Mascotte; additionally, the City had done their own fire service in the past and this would be an extension to the service the County provided to surrounding areas. She added that this would cover the cost of providing those services, as well as the cost of advanced life support (ALS) being provided to those residents.

Ms. Marsh stated that the intent resolution to put this on the tax bill would come back to the Board on November 24, 2020.

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the following items: to adopt and execute Ordinance 2020-59 for the inclusion of property within the City of Mascotte into the Lake County Municipal Service Taxing Unit (MSTU) and Lake County Fire Assessment for fire protection and creating a new section of the Lake County Code; and Interlocal Agreements with the Property Appraiser and Tax Collector to levy and collect the MSTU and Fire Assessment.

ordinance 2020-60 hawthorne at leesburg and sago palm at hawthorne fire protection

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; INCLUDING HAWTHORNE AT LEESBURG AND SAGO PALM AT HAWTHORNE INTO THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION; INCLUDING HAWTHORNE AT LEESBURG AND SAGO PALM AT HAWTHORNE IN THE LAKE COUNTY FIRE ASSESSMENT; CREATING A NEW SECTION 20-1(22), LAKE COUNTY CODE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Marsh then added that the intent resolution to put this on the tax bill would come back to the Board on November 24, 2020.

The Chairman opened the public hearing.

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

Commr. Campione said that this was a positive item. She commented that everyone had worked hard to create this uniformity so that there would be the same level of service provided to individuals in the Hawthorne neighborhood. She also opined that it would be an improved service.

On a motion by Commr. Breeden, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the following items: to adopt and execute Ordinance 2020-60 for the inclusion of Hawthorne at Leesburg and Sago Palm at Hawthorne into the Lake County Municipal Service Taxing Unit (MSTU) for Fire Protection and Lake County Fire Assessment for fire protection and creating a new section of the Lake County Code; and Interlocal Agreements with the Property Appraiser and Tax Collector to levy and collect the MSTU and Fire Assessment.

other business

appointment to the parks, recreation and trails advisory board

On a motion by Commr. Blake, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved to reappoint City of Fruitland Park Commissioner Chris Bell as the League of Cities Representative to the Parks, Recreation and Trails Advisory Board.

appointment to the planning and zoning board

Commr. Campione relayed her understanding that for the Planning and Zoning Board, there had been a resignation and that there was now a recommendation for Mr. Josh Gussler.

Commr. Blake commented that Mr. Gussler had served on the Children’s Services Council and opined that he had done a good job. He commented that he had asked Mr. Gussler if he would consider this for when Mr. Cori Todd resigned. He mentioned that Mr. Todd did a great job and that Mr. Gussler was willing to serve on both the Children’s Services Council and the Planning and Zoning Board.

On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. Josh Gussler as the representative for District 5 on the Planning and Zoning Board to complete a term ending on January 31, 2021, which was vacated due to a resignation, and approval for Mr. Gussler to remain as the District 5 representative for the following four-year term ending January 31, 2025.

commissioners reports

commissioner sullivan – district 1

sponsorship funding for city of leesburg and the spring games

Commr. Sullivan said that this item was to request consideration of the Tourist Development Council (TDC) recommendation to approve sponsorship funding associated with the City of Leesburg and THE Spring Games for a multi-year Big Ten softball tournament to be hosted in the City of Leesburg, and, if the sponsorship was approved and if selected as the event host location, authorization for the Chairman to execute a three-party agreement, with the fiscal impact not to exceed $290,000. He said that this was a great opportunity for Lake County to participate in Division I women’s softball, and that Big Ten was looking for a place to host their tournaments. He added that the City of Leesburg had stepped up to make their ballfields meet requirements, and they had a great host in Ms. Allison Strange, with PFX Athletics.

Ms. Strange explained that as they were looking to 2021, THE Spring Games was contacted by coaches at the Big Ten who were looking for a place to play their conference games. She relayed that the coaches had already voted on doing two weekends in Lake County and playing approximately 42 of their conference games, and the coaches’ recommendation was approved. She added that the request was now in the medical committee, which she believed regarded the safety of the athletes as they went into their next step of a contract with the Big Ten to host their regular season conference games in Lake County. She said that they anticipated a multi-year contract and that they needed to be able to address the Big Ten’s concern with social distancing for 2021, in addition to the concern that these teams tended to carry approximately 1,100 fans per team for subsequent years. She said that Legends Way Ballfield only had one field that could handle that volume, though Sleepy Hollow in the City of Leesburg had eight fields, with four fields having space between the fields and in the outfield for seating, and the other four fields providing ideal warmup space and batting tunnels. She relayed that the City of Leesburg had been a great partner with The Spring Games and that this was an opportunity to solve many concerns. She commented that the Big Ten liked staying at hotels, and mentioned that teams could charter flights into the Leesburg Airport and be close to their hotel and playing facility. She stated that the City of Leesburg had already committed to $334,000 in improvements and another $150,000 to ensure that the appropriate infrastructure was in place for spectators in 2022. She expressed excitement that the TDC recommended approval of $290,000 in expenditure from the capital fund, and she commented that she had asked the TDC if they would match what the City had already contributed. She relayed that their original application for $265,000 was based on the bare minimum necessary to become Big Ten ready and did not include any stadium seating or items such as signage. She relayed that the City had guaranteed these items through their 2022 spending, and she noted that if the funding was approved but the deal did not happen, then everyone on her end and with the Big Ten understood that they would not be making these improvements unless they signed a multi-year contract.

Commr. Sullivan mentioned what the County had done with sand volleyball, and thought having the Big Ten come to the county for their games could have a significant economic impact in early spring 2021.

Ms. Strange said that Legends Way Ballfield and PFX Athletics were always seeking opportunities and events, though there were a limited number to put heads in beds. She commented that having another facility to partner with created a win-win situation because they would have 11 fields for large events; additionally, they would be tapping into a different hotel inventory than they had in South Lake. She mentioned that she had been in touch with Premier Girls Fastpitch (PGF) Florida, which was an organizer they had been working with at Legends Way Ballfields; furthermore, that organization provided 2021 and 2022 dates for when they were prepared to also come to the City of Leesburg. She said that if this happened, her organization would continue to do the work they had done to ensure that the funding was well spent and to bring in tourism drivers.

Commr. Campione thanked her for working on this and discussing it.

On a motion by Commr. Sullivan seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the Tourist Development Council recommendation to approve sponsorship funding associated with the City of Leesburg and THE Spring Games for a multi-year Big Ten softball tournament to be hosted in the City of Leesburg, and, if the sponsorship is approved and if selected as event host location, authorization for the Chairman to execute a three-party agreement with the City of Leesburg and THE Spring Games, subject to County Attorney approval.

veterans day proclamation

Commr. Sullivan mentioned that there would be a proclamation at the next BCC meeting, noting that Veterans Day 2020 would recognize the 75th anniversary of the end of World War II. He said that there had been eight million men and women in uniform, and that less than half a million of them were still alive. He added that the Lake County Historical Society was doing a video presentation and would be interviewing three World War II survivors.

commissioner parks – district 2

parks and trails facilities

Commr. Parks relayed that he had received compliments about the County’s parks and trails facilities and for the County’s policy to keep them open during COVID-19.

Roads meeting with city of clermont

Commr. Parks said that there was a great roads meeting with the City of Clermont, and he complimented Mr. Schneider for joining him. He stated that it was a very productive meeting and noted that the County had proposed to come at the City’s request to present at a Clermont City Council meeting in January 2021 to review plans for roads in the area.

addressing code enforcement issue

Commr. Parks thanked Mr. Schneider and Mr. Glen Guzman, Director for the Office of Code Enforcement, for addressing a code enforcement issue in the Four Corners area pertaining to access and mowing, noting that signage had been placed.

outside collaborative meeting

Commr. Parks reported that he recently spoke at the OUTSIDE Collaborative, which was being led by Mr. Tim Sallin, with Cherry Lake Tree Farm, and was a collaborative with landscapers, the Florida Nursery, Growers and Landscape Association (FNGLA), the Florida Native Plant Society, landscape architects, builders, developers, property owners, and agriculture, to further ideas of the proper way to promote sustainability while recognizing that they were growing. He thought that it was a productive meeting.

rescheduling of november 24, 2020 bcc meeting

Commr. Parks proposed that because the November 24, 2020 BCC meeting was close to Thanksgiving, to cancel that meeting and move items on that agenda to the November 17, 2020 BCC Investiture meeting, with the exception of the county manager selection item. He said that county manager interviews would only take place on November 20, 2020, and that moving this item forward could give the new Commissioners more time. He also noted that the Board had tried to avoid having meetings on the Tuesday before Thanksgiving.

Commr. Blake relayed that he was fine with this.

Commr. Campione asked if anything on the agenda would be an issue to move up.

Commr. Breeden noted that the rezoning agenda had already been moved up to the November 10, 2020 BCC meeting.

Mr. Cole relayed that there would not be any issues with this, with the exception of the county manager selection; however, Commissioner Parks had proposed to move that item to the December 8, 2020 BCC meeting.

Ms. Marsh said that the intent resolutions had already been advertised for the two fire MSTUs and that they could be moved; however, staff would have to redo their advertising and send new notices to all of the residents.

Commr. Campione asked about the cost to do this and if the notices would have to include the whole town.

Ms. Marsh replied that it was probably a few hundred dollars and that it would include the Hawthorne neighborhood; however, she was unsure what the Lake County Public Works Department did for the City of Mascotte. She said that it could be done but that staff would have to move these items.

Commr. Campione asked Commissioner Parks if he was looking to free up that week because it was the week of Thanksgiving.

Commr. Parks confirmed this and stated that it would also give the new Commissioners more time.

The Board relayed consensus to cancel the November 24, 2020 BCC meeting and to move items on that agenda to the November 17, 2020 BCC Investiture meeting, with the exception of the county manager selection item.

commissioner breeden – vice chairman and district 3

VISIT TO PEAR PARK MEADOW

Commr. Breeden said that she had recently visited the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park meadow and that it was spectacular.

GREEN MOUNTAIN CONNECTOR TRAIL

Commr. Breeden commented that the Board had likely received the email about the Green Mountain Connector Trail, which was vetoed for legislative funding of $2 million. She relayed that Representative Anthony Sabatini and Senator Dennis Baxley felt that the County would not be penalized for the veto of this item because of special circumstances, and she thought that they wanted to try this again if the Board was willing to add this to the legislative agenda.

Commr. Blake said that this was fine, but that the idea was that the Board wanted to prioritize the most significant items; furthermore, he expressed a concern that this could be a financial distraction. He commented that he understood why they would not have this item in the current year.

Mr. Cole said that staff was trying to finalize the legislative booklets so that they could start being provided in November 2020 to legislators. He added that any direction the Board could provide today would be helpful.

Commr. Campione stated that the groups promoting this included the Friends of Lake County Trails and the Friends of Lake Apopka. She proposed possibly putting it as the Board supporting the Friends of Lake County Trails and their efforts to move this along.

Mr. Cole mentioned that there were two position papers at the end and that staff could add this as a position paper.

Commr. Parks noted that Senator Baxley and Representative Sabatini were in support of this, and Commissioner Breeden confirmed this.

NEIGHBORHOOD LAKES OUTPARCEL

Commr. Breeden mentioned the Neighborhood Lakes outparcel which included Lake Edwards, and that this was where some of the Board had considered placing a communications tower. She relayed that she had visited the site recently and that she had not realized that it was such an intact native habitat. She commented that she had spoken to the County Attorney, and she said that the Board needed to consider if they wanted to sell this parcel. She opined that if it was sold, then the County should possibly keep it as conservation or stipulate that it stay as such.

Commr. Campione relayed her understanding that the Board was considering to parcel this out to adjoining owners.

Ms. Marsh clarified that the County was not looking at parceling it out to adjacent property owners; rather, they were going to have it appraised. She said that they were originally talking to the Mt. Plymouth Landowners League about selling it as one parcel for conservation, though the individuals who showed interest in purchasing it may not be with that group.

Commr. Breeden opined that if they sold it to one person, they should stipulate that either all or most of it must be in conservation.

Commr. Campione stated that when the County was able to have a partnership with CFX and the City of Apopka to have a tower placed on CFX property, it opened up the possibility for this land to be designated due to staying in County ownership. She commented that the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA) could see if it was something they could incorporate into their long term plans. She relayed that some residents there hoped that it could be a destination.

Commr. Breeden mentioned that there was an issue with access, though she felt that the nearby church would likely enter into an agreement with the County to allow parking.

Commr. Campione commented that the County could explore possibilities for resolving the access issues. She asked if some of it had to be used for the FDOT for drainage.

Ms. Marsh confirmed that a portion needed to be reserved for stormwater. She said that the County already had the legality for this, and she believed it was toward the front of the property. She stated that if the Board wanted to keep the property then staff would cancel the quotes for appraisals.

Commr. Campione thought that the property had a significant amount of value for that community as an environmental passive area. She questioned what had to be done with FDOT.

Commr. Breeden clarified that part of the road was being taken over by the County, and they could stipulate that it be designed to be replanted with native species.

PERFORMANCE BASED INCREASES FOR COUNTY EMPLOYEES

Commr. Breeden opined that some individuals did not value government employees, but she said that County and Constitutional Officer employees also had stresses over the past six months. She thought that they had worked hard during the COVID-19 situation, and she stated that there were available health insurance reserves assessed in each work area’s budgets. She supported the Board considering performance based increases of up to three percent for County staff and the Constitutional Officers’ staff.

Commr. Campione opined that it had not been an issue of appreciating their employees; rather, it was about how they balanced the impacts endured by the private and public sectors during the COVID-19 situation, and giving the appearance to the rest of the community that the County had a double standard. She said that they could possibly wait a few months to see what would happen and to ensure that the private sector was recovering.

Commr. Parks said that he had the same concern and mentioned the importance of staff.

Commr. Breeden opined that their increases had not been excessive over the past few years, noting that this was also after many years without increases.

Commr. Parks agreed and commented that it was about the timing. He remarked that the Board could look at this again in two months.

Commr. Sullivan remarked that when they went through the budget, he wanted to ensure that the funding was still available so that the Board would have that option in the future. He mentioned the extra duties at the top level to address the COVID-19 funding, and he recalled discussing that there had been a significant increase in rezoning cases. He opined that with some of their professional positions, Lake County was not keeping up on the scale of other counties.

Commr. Breeden added that some of the Office of Library Services staff was furloughed.

Commr. Blake agreed with Commissioner Campione that it was not an issue of underappreciating anyone, and he said that what staff had done was remarkable. He stated that there was much economic suffering occurring and that it was not just the optics, but also the logistics. He remarked that the County’s funding came from people who had no choice but to pay it, and he opined that it looked bad for any of that to go toward a raise when other individuals’ lives had been disrupted significantly. He opined that it was fair to hold the line on those raises when individuals were trying to pay mortgages, property taxes, etc.

COMMISSIONER BLAKE – DISTRICT 5

Congratulating justice amy coney barrett

Commr. Blake congratulated Justice Amy Coney Barrett, who was confirmed to the United States Supreme Court on the previous night. He thought that she was immensely qualified and had navigated contentious hearings well.

Commr. Parks asked if the Board could send her a letter of congratulations.

Commr. Campione relayed support for this, and opined that she showed incredible poise and was able to articulate different topics.

Commr. Blake said he liked that she had Justice Clarence Thomas swear her in.

commissioner campione – CHAIRMAN AND district 4

PROPOSAL TO PROMOTE CONSTRUCTION OF INVENTORY

Commr. Campione said that the County had worked hard to attract high wage jobs and companies to the County, but noted that they knew they had a deficiency in existing building inventory. She thought it would be worthwhile to have staff consider a similar program to what they did with the Kroger Ocado situation and others where they had a tax rebate process over a number of years. She commented that it could be if someone built in the right locations where they could have targeted industries inventory space, whether it was shelf construction of buildings, warehouses, facilities that could be used for manufacturing, or class A office space. She asked if the Board would support having staff put something together and bring it back for the Board to consider.

Commr. Breeden relayed that she would support it after December 30, 2020 when the CARES Act funding was spent. She expressed a concern that the Agency for Economic Opportunity did not have time to consider this.

Commr. Campione said that she had discussed this with Mr. Matulka and that if it met the County’s criteria for the end user and it was over a certain dollar amount, they could give credit. She stated that the County already had a program for existing businesses that put capital in to expand a facility, and this would be on the front end.

Commr. Sullivan opined that it was a good idea and that it could also be time to review the targeted industries to ensure they were meeting the needs of what they wanted to see. He recalled that a recommendation from experts was not to be too specific because they would be limiting themselves.

Commr. Campione stated that they lined their targeted industries up with metro Orlando including health and science, research and development, manufacturing and technology. She thought that the list was consistent with surrounding regional partners and that the list was current with the types of businesses that fit the community.

Commr. Sullivan proposed that it possibly needed to be more focused.

Commr. Campione said that they could consider if they were trying to get certain types of things in a particular area, or they could tier it. She commented that Lake County did not fit the template for other areas for warehousing distribution because other areas were better situated. She thought it could help if they had some inventory in place to allow them to recruit businesses that did niche manufacturing, life sciences, technology, etc., so they would already have a building in place.

Commr. Parks relayed a suggestion he received that the best hope for Lake County was clean industrial, flex space, and class A office space; however, class A office space could be impacted by what had happened with COVID-19. He commented that class A office space could go along SR 50, U.S. 27, the Florida’s Turnpike interchange, the Wolf Branch Innovation District, and Wellness Way. He proposed a possible matrix with incentives.

Commr. Campione mentioned the possibility of a rebate to help cover costs of placing a structure in the ground until they found someone to sell it to.

Commr. Parks also proposed looking for public-private partnerships to help expedite a park or business area.

Commr. Campione said that the County could give the benefit of a tax break for making that investment, but once they used the tax break, it would be on their tax roll and they would have the added benefit of attracting companies. She mentioned Marion County partnering with putting the infrastructure in, and a private company would build the facilities. She said that this could be a starting point because the County had never tried to do anything to get the private sector to invest and build inventory.

Commr. Blake said it was a great idea but agreed that it should be done after CARES Act funding was addressed.

Mr. Cole stated that this would be noted and that staff could come back early in the following year.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:18 p.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK