A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

March 8, 2022

The Lake County Board of County Commissioners met in regular session on Tuesday, March 8, 2022 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Sean Parks, Chairman; Kirby Smith, Vice Chairman; Douglas B. Shields; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, 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; Mary Burns, Accounting Director; and Stephanie Cash, Deputy Clerk.

INVOCATION and pledge

Commr. Parks welcomed everyone to the meeting including those who were present and those who were online. He said that the invocation would be given by Pastor Winston Simon, with Hope International Church in the City of Groveland, and that the Pledge of Allegiance would be led by a staff member of Lake County who was a veteran. He then introduced Mr. David Langley, Assistant County Attorney, noting that he had completed four years of active-duty service in the United States (U.S.) Army, Judge Advocate Generals (JAG) Corps, primarily stationed at Fort Riley, Kansas with the historic 1st Infantry Division. He elaborated that while there, Mr. Langley advised commanders and soldiers as an administrative law attorney, legal assistance attorney, military magistrate, and prosecutor, and that he prosecuted multiple court-martials and separation boards. He mentioned that Mr. Langley had deployed to the demilitarized zone (DMZ) of North and South Korea and had advised on multiple large-scale international training operations. He related that Mr. Langley continued to serve as a Captain in the U.S. Army Reserve as a JAG Officer for the 436th Civil Affairs Battalion in the City of Sanford. He commented that for his service, Mr. Langley had earned an Army Achievement Medal, three Army Commendation Medals, the Korean Defense Service Medal, and the National Defense Service Medal, and he thanked Mr. Langley for his service.

Pastor Simon gave the Invocation and Mr. Langley led the Pledge of Allegiance.

virtual meeting instructions

Mr. Erikk Ross, Director for the Information Technology (IT) Department, explained that the current meeting was being livestreamed on the County 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 elaborated that anyone watching though the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said 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 added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they 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 the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.

Agenda update

Ms. Jennifer Barker, County Manager, requested that Tab 12 be pulled to be brought back at a later date, and noted that Tab 18 was added as an addendum since the agenda was first published and should be included with the consent agenda.

employee awards

Commr. Parks thanked Ms. Barker and staff for the employee luncheon with a Hawaiian theme, and said that it was good to see all the employees there. He opined that the employee awards was one of the best parts of the meeting because it acknowledged employees with anniversaries who had served Lake County.

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

FIVE YEARS

Hunter Lucas, Equipment Operator III

Public Works Department

Juwanda Rowell, Office Associate III

Office of Extension Services

TEN YEARS

Elizabeth Steele, Library Assistant I

Office of Library Services

Tommy Wright, EOIV/ Team Leader

Public Works Department

FIFTEEN YEARS

Maria Granado, Homelessness & Housing Liaison

Office of Housing & Community Services

Sharon Lewis, Traffic Project Engineer

Public Works Department

Minutes approval

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of October 25, 2021 (Special Meeting) and October 26, 2021 (Regular Meeting) as presented.

COMMISSIONER’S BOARDS AND COMMITTEES UPDATE

Commr. Shields stated that he had attended the Value Adjustment Board (VAB) hearing, and opined that the process was working very well. He mentioned that he attended the Lake-Sumter Metropolitan Planning Organization (MPO) meeting, and that he had nothing else to report.

Commr. Smith reported that he had a meeting with the Medical Examiner Board, and mentioned that there would be a resolution coming to the Board by March 22, 2022 for approval. He mentioned that their next meeting would be in May 2022, and that it would be in the City of Tavares.

Commr. Parks inquired if it was a resolution to continue partnering with them.

Ms. Melanie Marsh, County Attorney, clarified that they were increasing some of their rates, but that it would not have any budgetary impact for the County.

Commr. Parks mentioned that it was shared with multiple counties.

Commr. Smith indicated that was correct and explained that it was shared between the Counties of Marion, Sumter, Seminole, Citrus, and Lake.

Commr. Campione reported that on February 10, 2022, there was an Affordable Housing Advisory Committee meeting, and that on February 14, 2022, there was a Parks, Recreation and Trails Advisory Board meeting, which was well attended. She mentioned that Mr. Bobby Bonilla, Director for the Office of Parks and Trails, had given an overview of all the parks for the new appointees. She commented that on February 17, 2022 there was an elected officials meeting for Region 3 for the Affordable Housing Advisory Committee, and that it was a State statutory requirement to participate in the regional quarterly meetings; otherwise, they would lose their State Housing Initiatives Partnership (SHIP) funding. She related that she was able to hear from the other Commissioners about programs they were doing for affordable housing, and that she was able to share with them things that Lake County was working on, adding that it was a beneficial process. She said that February 23, 2022, she attended the Orlando Economic Partnership board meeting in the City of Orlando. She also mentioned that she had represented the Board of County Commissioners (BCC) and the Wekiva River Basin Commission at the opening of the wildlife corridor bridge on the Wekiva Parkway. She commented that the bridge allowed wildlife passage through the Seminole State Forest over to Rock Springs Run State Reserve and the Wekiva River Basin, noting that Mr. Jared Perdue, District 5 Secretary of Florida Department of Transportation (FDOT), and Mr. Mike Register, Executive Director of the St. Johns River Water Management District (SJRWMD), were also in attendance.

Commr. Blake commented that on the previous day the VAB meeting was quick and smooth because the Clerk of the Circuit Court and Comptroller’s office did a good job managing it for the County. He reported that at the Library Advisory Board meeting, a patron code of conduct was discussed, which would ensure that staff was well informed on how to manage issues and would be treated well by those who utilized this service. He related that there was a University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) board meeting, adding that they were very busy and worked out of the Agricultural Center. He mentioned that he had attended the Lake-Sumter MPO meeting, and that Commissioner Dan Robuck, with the City of Leesburg, was the new chairman for the current year.

Commr. Parks reported on the Central Florida Expressway Authority (CFX) meeting, and he commented that they had discussed five-year visioning, an update of the master plan, and preparing the roads for autonomous vehicles, such as lanes on the toll roads. He mentioned that there were meetings coming up for Keep Lake Beautiful and the Lake County Historical Society.

citizen question and comment period

Mayor Pat Kelley, with the City of Minneola, commented that there was a parking issue at the Minneola Athletic Complex (MAC) that the County managed, and he proposed that the County would amend the agreement to allow for more parking. He requested that the County use land owned by the City of Minneola to extend the complex to include gravel for overflow parking, pickleball courts, and a beach volleyball area.

Commr. Parks opined that it was a good idea, and inquired if there was going to be a meeting with Mr. Bonilla.

Ms. Barker commented that there was a date set on the calendar for a meeting, and that they were waiting for a final confirmation of the date.

Mayor Kelley showed a parcel of City-owned land by the Hills of Minneola subdivision, and he offered it to the County for baseball or soccer fields to expand the MAC in that area in partnership with the City of Minneola.

Commr. Parks opined that these were good opportunities, and he encouraged the Board to visit the MAC on a Saturday to see how busy it was. He commented that there was a parking issue, and that more space could provide a solution.

Mayor Kelley remarked that the City had offers for the other parcel of land, but that they wanted to make it available to the residents and keep it as a park, adding that it enhanced the area. He hoped that he could obtain a consensus from the Board because the City needed to know if it was a project that the County was interested in.

Commr. Campione asked about the abutting residences.

Mayor Kelley commented that the City had contacted the owners of the residences and the homeowners association (HOA), and that there was a natural buffer there, which was a power line area. He mentioned that the residents requested some type of buffering, and that the City could line it with some trees and possibly a fence.

Commr. Campione inquired about the trees currently on the property.

Mayor Kelley replied that they were scrub pines which were ready to be harvested.

Commr. Campione suggested leaving some of them along the road.

Mayor Kelley mentioned that it would be something for the County to decide, and that the City would provide the land for an opportunity to expand the parking and enhance it with some amenities for south Lake County. He reiterated that pickleball and beach volleyball would be good uses, and related that the City had added basketball and tennis to the MAC, noting that they were popular. He commented that the City did not want to spend a lot of capital on it, and said that if pickleball died out in ten years, its use could be rotated without removing buildings or leaving something vacant.

Commr. Campione recalled that a couple years prior, there was a need for soccer fields, and she asked if that need had been met, noting that there had been an area east of this facility that had been discussed.

Mayor Kelley commented that the parcel she was referring to did not meet the soccer field need, but that the second parcel he presented would meet this need. He said that if it could be made into a multi-purpose field, the City could use it for soccer and cricket, adding that it had been leveled and was ready for grass and bleachers.

Commr. Parks remarked that this was at the intersection of Hancock Road and Fosgate Road, and that Minneola High School was located there. He commented that the intersection was a vibrant part of the City, and that it was a heavily used area.

Mayor Kelley related that if the Board wanted to come and see the area, he would give them a tour, noting that there were many developments in the area and that there was a school being built.

Commr. Shields mentioned that the Florida Coast-to-Coast Trail would be close to this area.

Mayor Kelley added that there was a trail already in place that would connect to the Florida Coast-to-Coast Trail.

Commr. Parks suggested that the Board should plan a time to tour the City of Minneola with staff.

Mayor Kelley related that eventually, the Florida Coast-to-Coast Trail would go to the Green Mountain Scenic Overlook in the Ferndale area, and that the developer was giving them right of way to build trails, an extra lane, and a 45 foot median that could be used to expand the road at a future date. He mentioned that the roads were being taken care of in the City as they grew, and that Hancock Road was going to be made into four lanes by the developer.

Commr. Parks expressed appreciation for the opportunities, and opined that going to the City of Minneola would be time well spent. He mentioned that there was a meeting coming up, and that the two properties that were presented could be added to the agenda.

Commr. Campione inquired if there was anything happening on the property slated for an employment center for economic development.

Mayor Kelley remarked that there had been some changes, and that there were three developers planning it. He said that there had been a change in ownership of the property, and that the current owner was good with commercial development, adding that AdventHealth was also coming in. He commented that the City was in a financial position that would allow them to be very selective, noting that they did taxes at the rollback rate every year and did not take on debt.

Commr. Campione asked if it included retail.

Mayor Kelley indicated that it did not, and that it was industrial. He said that the City was envisioning light industrial businesses.

Commr. Shields mentioned that there could also be some tourism benefits in expanding the MAC.

Commr. Parks commented that there was land available that was already graded, opining that it was a good opportunity.

PROCLAMATION 2022-13 AMERICAN RED CROSS MONTH

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Proclamation 2022-13 proclaiming March 2022 as American Red Cross Month.

Commr. Smith introduced Ms. Tina Sweeten, Executive Director of the Mid-Florida Chapter of the American Red Cross, and asked her to read the proclamation.

Ms. Sweeten mentioned that the Mid-Florida area included the Counties of Polk, Pasco, Citrus, Hernando, Lake, and Sumter, and that three of her board members resided in Lake County. She then read the proclamation.

Commr. Smith announced that the proclamation declared that Lake County proclaimed March 2022 as American Red Cross Month, adding that this organization was vital to the community. He encouraged those who had an opportunity to volunteer or make a donation to do so, and he thanked Ms. Sweeten for all she did for the community.

Commr. Parks thanked Ms. Sweeten and her organization for all that they did in the community, nationally, and internationally.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

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

List of Warrants

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

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione requested information on Tab 7 regarding funding the Office of the State Attorney, Fifth Judicial Circuit, to fund certain specified positions permanently assigned to Lake County, noting that it was about $500,000. She asked if it would come out of the General Fund.

Ms. Barker replied that it would, and that it was funded every year, adding that the agreement had not been updated since Fiscal Year (FY) 2012. She said that the County continued to fund them every year, but that staff needed to work with them to update the agreement and ensure that it would be updated annually.

Commr. Campione inquired if their other positions were funded from the State, and Ms. Barker indicated that they were. Commissioner Campione then asked if other Counties within the Fifth Judicial Circuit did the same.

Ms. Barker explained that Lake County funded the positions that were 100 percent dedicated to this County rather than other areas of the Circuit, such as information technology (IT) support and positions related to the early intervention program, adding that each of the other Counties within the Circuit had the same expense.

Commr. Campione recalled a discussion about using some of the opioid settlement funds to help fund some diversionary type programs, and she inquired if anything had been done about that.

Ms. Marsh replied that the County had not received the funds yet; however, Commissioner Parks had recently signed a document to certify Lake County as a qualified County, which would allow them to receive funds directly from the State instead of a regional entity. She commented that there was no time frame for those funds to be distributed, and that the settlements were still going through the bankruptcy courts.

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 11, with the addition of Tab 18, as follows:

PROCLAMATIONS

Recommend approval of Proclamation 2022-14 designating the month of March 2022 as Irish American Heritage Month, per Commissioner Parks.

COUNTY ATTORNEY

Recommend approval of First Amendment to Lease Agreement between Lake County and East Lake County Chamber of Commerce for the East Lake Library located at 31340/31336 County Road 437, Sorrento. The fiscal impact is $23,333.31 (expenditure) and is within the Fiscal Year 2022 Budget. Commission District 4.

Recommend authorization for the County Attorney, or designee, to allow a third-party bidder to offer less than the judgments in the following cases at the upcoming foreclosure sale:

1. Lake County v. Lenny D. Davis, et al., Circuit Case #2020-CA-1482 (19036 Ravenswood Road, Altoona, Lake County, Florida), Commission District 4

2. Lake County v. Nomanbhoy Family LTD Partnership, et al., Circuit Case #2020-CA-1482 (28438 Hibiscus Avenue, Paisley, Lake County, Florida), Commission District 4.

The fiscal impact (revenue) cannot be determined at this time.

ADMINISTRATIVE SERVICES

Management and Budget

Recommend approval of a Funding Agreement between Lake County and the Office of the State Attorney, Fifth Judicial Circuit, to fund certain specified positions permanently assigned to the Lake County branch.

The fiscal impact is $448,800 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval to advertise an Ordinance to include the Town of Montverde in the (1) Lake County Municipal Service Taxing Unit for Fire Protection and (2) the Lake County Fire Assessment, and amending Lake County Code, Chapter 20, to create a new Section 20-1(25). The anticipated annual fiscal impact is $354,050 (revenue) based on current tax roll information.

Planning and Zoning

Recommend approval:

1. To advertise an Ordinance amending Section 3.01.03, Lake County Code, Land Development Regulations, entitled Schedule of Permitted and Conditional Uses; and

2. To authorize, if approved by a majority plus one vote, to conduct the second Public Hearing of the proposed Ordinance at 9:00 a.m. on April 12, 2022, rather than at 5:05 p.m. as required by 125.66(4), Florida Statutes.

Fiscal impact is unable to be determined at this time.

PUBLIC SERVICES AND INFRASTRUCTURE

Housing and Community Services

Recommend retroactive approval of the Third Amendment to the Inmate Healthcare Services Agreement between Wellpath, LLC, the Lake County Sheriff's Office, and the Board of County Commissioners.

The fiscal impact is $611,248 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

Public Works

Recommend approval:

1. Of Contract 21-0920 with Tierra, Inc. (Winter Garden, FL) for construction, engineering, and inspection services, materials testing, and post-design engineering services for the construction of the CR 452 safety improvement project.

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

The estimated fiscal impact is $ 343,581.25 (expenditure – 100 percent grant funded). Commission District 3 & 4.

Probation

Request for approval of a Memorandum of Understanding between Lake County and the Florida Department of Highway Safety and Motor Vehicles, to allow the Office of County Probation continued access to Driver and Vehicle Information Database System (DAVID), in compliance with Florida law. Recommend designation of Tony Deaton, Chief Probation Officer, as authorized to sign all necessary documents and reports. There is no fiscal impact at this time.

public Hearing: County Road 455 alignment

Mr. Jeff Earhart, Engineering Manager with the Division of Engineering Services, said that this was a presentation of the findings of the County Road (CR) 455 Project Development and Environment (PD&E) Study, outlining three alternatives, and he requested approval of that study. He stated that this process was done abiding by all federal and state regulations and statutes, and that the hearing was being conducted without regard to race, color, national origin, age, sex, religion, disability or family status. He said that the presentation would be given by Mr. Duane Booth, a consultant with BESH Halff.

Mr. Booth showed an update to a 2007 study, which had two alignment options at that time. He mentioned that phase one had been constructed, which consisted of two lanes going from Good Hearth Boulevard to Lost Lake Road, and that the phase two study area went from Lost Lake Road south through the CEMEX property to Hartwood Marsh Road. He commented that there were some residential areas to the north, and that the Heritage Hills subdivision was to the south, adding that there was a phase three PD&E study approved for a connection with Hartwood Marsh Road. He related that the 2007 PD&E study for the CR 455 extension was completed in January 2007 by HNTB, providing corridor alternatives from State Road (SR) 50 to Hartwood Marsh Road, and that two lanes of segment were constructed in 2020 for the approved alignment from Good Hearth Boulevard to Lost Lake Road. He presented a map showing the three possible alignments for the PD&E update study colored green, blue, and yellow, which updated the preferred alignment through the CEMEX property, noting that the preferred alignment was in green. He explained that a typical section would provide a 22 foot wide median, 24 foot four-lane road sections, bike lanes, curbs and gutters, a five foot sidewalk on one side, and a 14 foot multipurpose trail on the other side, noting that this would match phase one which was partially constructed. He mentioned that they held a public meeting on January 11, 2022 in the City of Clermont, and that the current BCC meeting was the public hearing. He remarked that the green alignment provided for buffers from adjoining properties, required the least amount right of way, had the least unsuitable/slime material, required the least amount of grading to provide a safe driving profile, provided for future development opportunities on both sides of roadway for better use of the roadway, allowed the existing concrete plant to remain, and cost less to construct; however, there was a potential for deep unsuitable/slime deposits of about 40 feet. He commented that the blue alignment also allowed the concrete plant to remain, required 0.15 more acres that the green alternative, and avoided Duke Energy transmission towers; however, it abutted single family homes on the north, had multiple unsuitable/slime deposits, presented a challenge with profile grades because of many high and low elevations, required additional grading outside of the right of way, provided future development opportunities on only one side of the roadway, and had the second largest cost to construct. He mentioned that the yellow alignment also allowed the existing concrete plant to remain, and it extended farther west that the other two alignments; however, it had multiple unsuitable/slime deposits, required the most right of way, abutted single family homes in the Heritage Hills subdivision on the south, presented a challenge with profile grades because of high and low elevations, required a large horizontal curve to avoid the plant, required two back-to-back curves, provided for future development opportunities on mostly one side of the roadway, and would cost the most of the three alternatives. He stated that all three alignments would impact three residential parcels, the CEMEX business parcel, and one Lake County owned utility and governmental parcel, totaling five parcels impacted. He said that the right of way required for the roadway included 15.33 acres for the green alignment, 15.49 acres for the blue alignment, and 18.9 acres for the yellow alignment, adding that Lake County owned 6.75 acres of right of way to the north. He explained that the right of way needed from CEMEX was 13.54 acres for the green alignment, 13.69 acres for the blue alignment, and 17.1 acres for the yellow alignment, and that the right of way required for retention ponds was 5.92 acres for the green alignment, 6.1 acres for the blue alignment, and 7.36 for the yellow alignment. He mentioned that the environmental impacts included wetland impacts of 1.08, 5.15, and 3.36 acres for the green, blue, and yellow alignments, floodplain impacts of 2.76, 2.76, and 3.83 acres for the green, blue and yellow alignments, and wildlife impacts were low for all three alignments with no potential contamination. He commented that the total construction cost was $13.59 million for the green alignment, $21.19 million for the blue alignment, and $28.55 million for the yellow alignment, noting that those costs were estimates from two months prior and that costs were increasing, such as fuel prices. He showed the map for the green alternative with some pond sites, and stated that the total cost, which included the roadway construction, engineering design, and the construction engineering and inspection (CE&I), would be about $15.85 million.

Mr. Earhart commented that they would be available for public comments, and that written comments could be mailed or emailed at the addresses provided on the slide or on the website.

Commr. Shields asked what the slime issue was.

Mr. Booth explained that sand mining was done in a wet condition, and that the waste material was washed back into the mine pit in a slurry, adding that when clay was washed back into the pit, it created a layer of a pudding-like consistency.

Commr. Shields inquired how it was dealt with.

Mr. Booth said that the clay would not release the water without some additional surcharging of the soil to push the water out, and that they would compact it down.

Commr. Smith asked if CEMEX had been contacted and if they were amicable with the project.

Mr. Booth commented that there had been communication with CEMEX.

Mr. Earhart related that there had been coordination with CEMEX, and that they had requested to keep the plant. He commented that CEMEX preferred the yellow alignment which would give them the most contiguous property to the lake, but that they would be open to the other options.

Commr. Smith hoped that the funding spent on the study would not be wasted because CEMEX declined.

Mr. Earhart remarked that CEMEX was agreeable to the project, and he hoped that they would dedicate the right of way when the development occurred, adding that they wanted the road.

Commr. Parks reiterated that they wanted the road, but they preferred the yellow alignment.

Commr. Campione commented that the County preferred the green alignment because it mitigated the impacts on the surrounding community.

Mr. Earhart related that the yellow alignment was close to the Heritage Hills subdivision, and that there were several slime deposits. He mentioned that there had been a land development plan done, and that land development experts preferred the road going through the center.

Commr. Smith commented that he liked the green alignment, and hoped that CEMEX would dedicate the land to the County for it.

Commr. Parks mentioned that the green alignment had many benefits because of the lower costs, and that the blue alignment would impact single family residents to the north. He asked if there would be a buffer on the sides of the road and if it was included in the right of way.

Mr. Earhart said that the profile of the road for the green alignment would be lower in elevation, making it more difficult to see the road from the residences, and that it would also help alleviate some of the noise.

Commr. Parks commented there was no landscaping showing on the slide, and inquired if there would be some enhanced landscaping included.

Mr. Booth said that most of the property through CEMEX would be developed, which would include buffers and landscaping.

Mr. Earhart mentioned that the County could provide a complete street type of landscaping in the median, and that they could provide landscaping along the edge to shade the trail.

Commr. Campione asked to see the preferred alignment on the map that showed locations abutting the current residentially developed land.

Mr. Booth commented that this included the three parcels to the north, and that it came through the Heritage Hills planned unit development (PUD) innovation area on the east side, noting that the right of way had already been dedicated by that developer.

Commr. Parks pointed out that the right of way of was already dedicated near the terminus at Hartwood Marsh Road.

Mr. Earhart noted that the developers of those two subdivisions had dedicated that right of way before they developed, adding that there was a mobile home on three acres to the north.

Commr. Campione asked if there would be any buffering done on the south.

Mr. Earhart replied that the County could provide landscaping in those areas.

Commr. Parks said that the County should provide less formal landscaping on the north end and enhanced landscaping where it abuts single family residences.

Mr. Earhart commented that there was a roundabout anticipated for the intersection on Hartwood Marsh Road.

Mr. Booth pointed out that the road crossed the Duke Energy transmission easement, and that there would be limited landscaping opportunities there.

Mr. Earhart mentioned that the County would have to match their existing ground elevation, which would influence the profile.

Commr. Blake asked if CEMEX knew about the current hearing and had chosen not to attend.

Mr. Earhart indicated that they knew about it, and that they could be watching it online. He opined that they would be amicable with either alignment, and that they knew what could happen.

The Chairman opened the public hearing.

Dr. Vincent La Bombardi, President of the Heritage Hills Board of Directors, stated that Heritage Hills had 1,117 homes and was a 55 and older community, which would be impacted by the building of the CR 455 extension. He said that he preferred that this road would not be built, but if it was, he wanted to be assured that the yellow alternative, which would abut the subdivision, would not be chosen. He commented that the back of the community was undeveloped land, which did not afford easy access to his property, and that the development of this area could force them to build a wall for sound dampening and also for safety. He remarked that currently, most of the area was separated from the subdivision by a barbed wire fence, which could be easily breached, and he asked who would pay for a wall, noting that most of the residents of this subdivision were retirees living on fixed incomes. He mentioned that this road would meet Hartwood Marsh Road east of their back gate, and that there would be a traffic circle there. He commented that the current traffic circles on Hartwood Marsh Road were small, and that they did not allow significant reaction time to avoid collisions. He expressed concern about the likelihood of accidents occurring at the roundabout of CR 455 and Hartwood Marsh Road, and he asked that there be a traffic light at this intersection instead of a roundabout. He related that even without the new road, it was very difficult for senior citizens to exit the subdivision at the gate that was next to this intersection, and he opined that it would be more difficult to exit the subdivision with the increased traffic that this road would bring.

Mr. Thomas Krueger, a resident of Heritage Hills, asked what the proposal was for Hartwood Marsh Road, opining that the road could not handle the traffic it already had. He expressed concern that the traffic would become worse with the completion of CR 455, opining that it could not handle it. He commented that he would rather see a traffic light at the intersection of CR 455 and Hartwood Marsh Road than a traffic circle, opining that the roundabouts that were currently on Hartwood Marsh Road did not work well.

Commr. Parks asked if Mr. Fred Schneider, Assistant County Manager, could show a regional map and answer the questions about the plans for traffic along Hartwood Marsh Road.

Mr. Schneider commented that there was a contract for a design update to go from U.S. Highway 27, east through Hancock Road, and then east to the southwest corner of the Titan America sand mine, and that it would be the first section to receive four lanes. He mentioned that the next section to receive four lanes would be from that location to Hartwood Marsh Road, which was part of a PD&E study that was completed the previous year and approved by the Board to construct four lanes from that roundabout south to the Central Florida Expressway.

Commr. Parks pointed out that the County was working on the traffic issues on Hartwood Marsh Road, noting that it was the only east/west connection. He said that part of the plan was to widen the road from U.S. Highway 27 to Regency Hills Drive, and that it could happen in the following two years; however, the County had to extend CR 455 further south through the Wellness Way area in order to provide other options. He commented that when those other options were built, it would reduce traffic on Hartwood Marsh Road, and that it was part of the plan to build other east/west connectors, such as the Central Florida Expressway and the Lake-Orange County Connector further south, which would connect directly to SR 429. He opined that much of the traffic going past their subdivision currently included people going to work, and that they would use the Central Florida Expressway Authority (CFX) road once it was complete, adding that construction could start within two years. He mentioned that Wellness Way Road would be another east/west connector, and that it would be a developer funded road which would also go to SR 429. He hoped that they would be satisfied with Hartwood Marsh being widened, and reiterated that there would be more relief when the other two roads were built.

Mr. Schneider said that the original PD&E study that was approved in 2007 took CR 455 south from SR 50, through the mine, and then down to Hartwood Marsh Road, and that FDOT would give funding only if the County approved an alignment. He commented that this was an updated study of what was previously approved, and that section one was built to Lost Lake Road. He related that phase two was worked out through the City of Clermont, and that the Heritage Hills developer provided the right of way. He pointed out that the road would eventually go south to the new CFX road, which could be built within four years, and that CR 455 would intersect Wellness Way Road and Hancock Road. He explained that the agreements had been signed by the land owners and developers to donate right of way, and that Wellness Way Road would extend over into Orange County. He remarked that an extensive roadway traffic analysis was done, which showed that this network of roads would suit the future area and road needs. He mentioned that widening Hancock Road to four lanes would cost $30 million and have significant residential right of way impacts; however, having that alternative to the east provided that network need and would spread out the traffic. He commented that they could work with the needs of Heritage Hills for landscaping, and that they had planned to build a roundabout, which was not as tight as the one built in the City of Winter Garden. He explained that the roundabout provided a measure of safety that was greater than a traffic signal, and that it had been proven that it would eliminate higher speeds and T-bone accidents. He said that the County could meet with the homeowners during the design process and work with them on the details.

Commr. Parks pointed out that on the current day, the Board would just be choosing an alignment, and that there would be more specific engineering items discussed at future public meetings. He mentioned that there would be an opportunity to discuss the potential widening of Hancock Road, noting that the front gate for the Heritage Hills subdivision was on this road.

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

Commr. Parks reiterated that the requested action was to approve the recommended build alternative of the updated PD&E study, which was the green alternative.

Commr. Campione reiterated that staff would be reaching out to the residents and working with them on the details of the project.

Commr. Blake commented that the he did not want to vote for this alternative without hearing from the primary landowner affected by the choice.

Commr. Parks pointed out that CEMEX had been contacted, and could have attended the public hearing.

On a motion by Commr. Smith, seconded by Commr. Campione and carried by a vote of 4-1, the Board approved the recommended green alternative of the CR 455 alignment as presented in the PD&E study update.

Commr. Blake voted no.

public hearing: ordinance 2022-14 Home based businesses

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 7.00.04, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PERMITTED USES IN THE WEKIVA RIVER PROTECTION AREA; AMENDING SECTION 10.01.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED HOME OCCUPATIONS; UPDATING SUCH PROVISIONS TO BE CONSISTENT WITH SECTION 559.955, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

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 inquired if this was strictly for home occupations.

Ms. Marsh indicated that this was correct, and explained that the State Legislature took control of home occupations, adding this would bring Lake County code into compliance with the State statute that went into effect on July 1, 2021.

On a motion by Commr. Blake, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved Ordinance 2022-14 amending Sections 7.00.04 and 10.01.05, Land Development Regulations, pertaining to home-based businesses. This amendment is necessary to comply with Section 559.955, Florida Statutes, which became effective July 1, 2021.

regular agenda

Four Corners Community Center update

Ms. Allison Teslia, Director for the Office of Management and Budget, provided an update regarding the establishment of a municipal service taxing unit (MSTU) to fund a Four Corners Community Center facility. She recalled that on January 25, 2022, staff gave a presentation about the proposed community center, and said that it would be a 32,500 square foot building, which would also include a substation for the Lake County Sheriff’s Office (LCSO). She stated that the cost estimate was about $13.4 million, which did not include $3.5 million to $4.5 million for land or other costs, such as engineering, permitting, furniture, fixtures, and equipment. She mentioned that one of the funding options was to reprioritize Infrastructure Sales Tax funding allocations, and that the other option was to finance the project through a loan to be paid back through an MSTU, which would require approval through a referendum. She said that staff had been asked to provide estimates for an MSTU, and that they had used the following assumptions: a $15 million loan, not including interest or operating costs; a repayment term of 10 years; an average single family home property’s taxable value of about $161,000; and an average commercial property’s taxable value of about $2.86 million. She commented that based on those figures, the three mile radius estimated MSTU rate would be about 2.49 mills, a five mile radius rate would be about 1.9 mills, and a seven mile radius rate would be about 1.5 mills. She elaborated that the estimated MSTU cost based on the average taxable value for a single family home for the three mile radius would be about $401 per year, for the five mile radius it would be about $301 per year, and for the seven mile radius it would be about $239 per year. She related that for the average commercial property, it would be about $7,000 for the three mile radius, about $5,300 for the five mile radius, and about $4,000 for the seven mile radius, adding that the total millage that would be from the County for the three mile radius would be about 9.02 mills, for a five mile radius it would be about 8.4 mills, and for a seven mile radius it would be about 8.01 mills.

Commr. Shields asked if 10 mills was the cap.

Ms. Marsh said that was correct, and that there had been discussion about some other types of MSTUs that were being used, adding that the County could not exceed 10 mills.

Commr. Shields inquired if the debt rating should also be considered.

Ms. Barker indicated that it should, adding that the County was discussing obtaining a loan for the Supervisor of Elections facility, and that this would affect the debt ratio and credit rating.

Commr. Parks suggested exploring public/private partnerships before making a decision on this item.

Commr. Shields commented that he had wanted to see the numbers first, as this was the most logical way to pay for it; however, the County would have to ask the voters if they would be willing to pay $400 per year for 10 years for a community center.

Commr. Parks pointed out that this would be a referendum, and opined that the numbers would negatively affect the vote.

Commr. Blake mentioned that 51 percent of the residents could impose this tax on others who might not be able to afford it, and he expressed concern about the annual increased expense that would result.

Commr. Shields mentioned that he could take this information back to the community and see what they wanted to do.

Ms. Evelisse Bookhout, Founder and Chief Executive Officer (CEO) of Hands of Hope America, stated that they had been meeting with the residents, and opined that they were interested in the community center and willing to pay the extra taxes necessary. She mentioned that Hands of Hope America was going to be offering its educational technology services starting on April 2, 2022, and that they had meetings with the Live Well Foundation and discussed the community center in the Four Corners area. She said that they were interested in partnering with them as long as the County was moving forward with this project, and that they could help pay for infrastructure or the cost of land.

Commr. Smith expressed concern about the $7,000 per year tax for a commercial business, and commented that it could put a small business owner out of business.

Commr. Campione asked how large an average business was in the estimate.

Ms. Teslia replied that the information was provided from the Property Appraiser’s Office based on the radius, and that staff had taken all the taxable values and averaged them.

Commr. Campione commented that the number would include many businesses, such as Walmart and Ace Hardware.

Ms. Teslia explained that it was an average of all commercial properties.

Commr. Campione opined that a smaller business would not be charged $7,000, and that the Board did not know what it would be.

Commr. Smith said that he only knew the numbers that were presented.

Commr. Blake remarked that even if it was only $1,000, he would be upset, opining that it would be wrong to do this in the current economic environment.

Commr. Parks reiterated that it would be on a referendum, and that the Board would not be imposing this.

Commr. Blake reiterated that a small majority of residents could be motivated to do this, and that the other 49 percent would also have to pay for it.

Commr. Parks mentioned that referendums could be another way to obtain funding for other things, such as additional roads and trails, opining that residents should be aware of what they were voting for.

Commr. Blake noted that this would not help with the affordable housing situation.

Commr. Campione inquired if the County had discretion to make the threshold higher than 51 percent on a referendum.

Ms. Marsh said that she could look into that.

Ms. Barker mentioned that for reference, an average business would be equivalent to a Wawa.

Ms. Marsh stated that if the Board wanted to put this question on the November 2022 ballot, it would have to be done quickly because the Supervisor of Elections had to have that by the beginning of May 2022 in order to prepare ballots.

Commr. Campione asked about doing a straw ballot.

Ms. Marsh explained that the County could do a straw ballot in November 2022, and if it passed at whatever threshold was set, then the MSTU could go on the 2023 taxes.

Commr. Smith suggested using caution and looking at more than just the $7,000 per year tax increase, adding that it could affect the County’s bond rating negatively. He commented that there were other things the County needed to do, and that the addition of the Lake County Water Authority (LCWA) could impact the 10 mills cap, adding that he was not in favor of this.

Commr. Parks asked Commissioner Shields if the pedestrian crosswalk over U.S. Highway 27 was still a high priority.

Commr. Shields said that he did not know if that was a high priority, but commented that the community center would give youth a place to go after school and give adults a place to go during the day, adding that it was a way to launch more services that were needed in that area. He said that Four Corners looked like a city because it had private water and sewer, but that there was no local government. He remarked that he wanted to see what the community center would look like, and that there were a couple of parcels identified, adding that there would be a way to provide services there. He suggested that he could meet with the Live Well Foundation and others to find a way to lower the cost through private/public partnerships, noting that they were running out of time.

Ms. Bookhout mentioned that there was a building that was 1,500 square feet that would be available at the end of the current year, and that they could move their services to this facility until the MSTU could be arranged for the larger community center.

Commr. Parks commented that he could explore that within the following month.

Ms. Bookhout stated that the building was part of Glenbrook Commons, and that it was being used by the St. Faustina Catholic Church, which was building a church on U.S. Highway 27. She proposed that the County could provide $150,000 to $200,000 for operational expenses, and that Hands of Hope would provide the programs for the youth and the community as they were currently doing. She commented that the Live Well Foundation could provide funding for future programs, and that they could also provide funding for infrastructure and land for a community center built by the County.

Commr. Parks suggested that the County wait to receive more information on public/private partnership opportunities for the sharing of operational costs.

Ms. Barker recommended that this item be discussed during the first BCC meeting in April 2022, adding that if the Board decided to move forward, the ballot language could be voted on during the second BCC meeting, and that it could be given to the Supervisor of Elections in May 2022.

Commr. Parks asked what day it had to be there.

Ms. Marsh replied that she did not have the exact day, and that it could be towards the end of May 2022.

Commr. Parks concluded that the Board would wait because the numbers presented would not be supported, and that other options would be explored.

Commr. Campione inquired if it was possible to use Community Development Block Grant (CDBG) funding for this project.

Ms. Barker replied that the Four Corners area did not qualify as a Qualified Census Tract (QCT) area.

Commr. Campione wondered if anyone outside the county limits could help.

Commr. Shields commented that there were monthly meetings with the other three Counties in Four Corners, and that he wanted to start the process with Lake County, opining that it would take a while to receive anything from the other Counties.

Commr. Parks opined that there had been discussion about sharing resources and responsibilities for about 20 years.

Commr. Campione said that she was trying to think of another way to complete this very expensive type of construction, and she asked about a metal building to reduce construction costs.

Commr. Parks commented that the cost was based on a 32,500 square foot building, and that it was expensive.

Commr. Campione mentioned that if the cost was half as much or a fourth of that, it would be more feasible.

Commr. Shields said that they did not have any numbers until the current day, and he thanked staff for presenting those to the Board.

Appointments to the Children's Services Council

Commr. Smith mentioned that there was a question asked regarding if someone not living in a Commission District could be appointed to that seat, and that the answer was yes.

On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board appointed the following individuals to the Children’s Services Council: Mr. Chris Boogar to the District 3 seat; Ms. Barbara Crewell to the District 5 seat; and Mr. Morris Rushing as a Member-At-Large.

Appointment to the Elder Affairs Coordinating Council

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board appointed Ms. Patricia Miller to the District 4 seat on the Elder Affairs Coordinating Council. Ms. Miller resides in District 3; however, members can sit outside of their district.

commissioners reports

commissioner shields – district 1

Groveland Community Redevelopment Agency meeting

Commr. Shields remarked that he had attended the Groveland Community Redevelopment Agency (CRA) meeting, and that they were beautifying some of the office buildings in the center part of the town.

Lake Apopka remediation area

Commr Shields relayed that he had a tour of the St. Johns River Water Management District (SJRWMD) Lake Apopka remediation area, and that there were many birds there. He mentioned that they pumped water through that area and back into the lake, opining that they had turned the lake over seven times. He added that he also visited the nutrient reduction facility (NuRF) there, and that they were treating the water before it went north.

rural transition planned unit development process

Commr Shields opined that the process for the Rural Transition PUD did not work well, and that the Board should not be debating what a property owner’s legal rights were. He opined that it was not necessary for it to come to the Board for a vote, and suggested that the regulations for Rural Transition could be clarified.

Ms. Marsh stated that the Rural Transition category allowed one unit per five acres with whatever the zoning was, and that it also allowed the option of one unit per three acres with 35 percent open space, noting that according to the policy, one had to do a PUD. She said that a third option allowed one unit per acre with 50 percent open space, and that also required a PUD zoning. She commented that the purpose for that was to tailor it to a rural conservation design, not to control the density, which was allowed under the Comprehensive Plan (Comp Plan). She mentioned that there was also a separate policy dealing with PUDs specifically for platting 50 or more lots, noting that it required a PUD. She suggested that the planning staff could provide a strikethrough, and that the Board could leave all three options under Rural Transition, taking out the PUD requirement; additionally, the applicant could choose to do a PUD zoning or work with their existing zoning if it was compatible. She said that the Board could tailor it by reducing those options or by changing the open space requirements, and that staff could bring that back to the Board for consideration. She commented that the County could then transmit it to the Florida Department of Economic Opportunity (FDEO), and if they approved it, it would be brought back for adoption.

Commr. Campione asked what would happen if something was taken out that someone already had because they already had the Rural Transition designation.

Ms. Marsh reminded the Board that the Comp Plan was a guide to the future, and that there was not a vested right in Comp Plan provisions, adding that someone could file a claim for whatever they wanted. She commented that if someone came forward and wanted to challenge it, it could be dealt with on a case-by-case basis.

Commr. Campione pointed out that every property had its own history, and that one property that had been discussed at the previous BCC meeting had a history of Urban Residential (R6) zoning, which was six units to the acre, opining that they had already had their rights taken away when the Comp Plan went into effect to Rural Transition. She commented that it would be good to make policy as clean as possible to ensure that the Board would not find itself in these situations. She remarked that looking at the whole picture was part of the Board’s responsibility, and that it was not a clear issue when trying to do the right thing for the landowner and adjoining landowners. She said that she would approve of a way to limit the situations that placed the Board in the middle of a dispute, but she opined that it was part of the duty.

Commr. Shields expressed concern about the legal definition of property rights, and opined that if the Board set the criteria for property rights, then the application would not have to come before the Board. He said that when these applications came before the Board, the residents could voice their concerns about issues, such as traffic; however, he opined that if the Board approved an alternative option, the County could be challenged.

Commr. Parks mentioned that in this case, it had to come to the Board because the PUD was required.

Commr. Campione opined that erroneous information from some residents made it more difficult.

Commr. Shields opined that it was a process that needed to be fixed.

Commr. Smith suggested raising the amount of units that would require the Board’s attention, and he gave an example of a landowner who could have split the property in half and made 49 lots on each half without having to meet the Board’s requirements to build a central sewer system, provide right of way for a roundabout, construct extra sidewalks, and do extra landscaping, opining that there was some good in this process.

Commr. Campione asked if a landowner still needed a PUD in a Rural Transition.

Ms. Marsh stated that the language under Rural Transition required a PUD, and that if the Board did not want to require a PUD for Rural Transition, both policies would have to be changed by taking the requirement out of Rural Transition and increasing the number of units under the general PUD.

Commr. Campione opined that if that change was advertised, there would have to be a public hearing with many people or many emails, and that residents might think that the County was opening the door for development without a review by the County Commission.

Commr. Parks agreed that this was something to consider, but opined that if something did not come in front of the Board, it could not be used against the County. He inquired what the current standard was, and asked what the new subdivision criteria was. He commented that if he knew what the standard was that staff would require, then he could be more comfortable with that.

Ms. Marsh said that the Rural Transition policy referenced a conservation subdivision, which the County did not have currently in the Land Development Regulations (LDR), and that if the Board brought the conservation subdivision concept back and adopted that as a code provision, the Rural Transition policy could be changed at the same time to remove the PUD requirement, adding that a developer could do one unit per acre if they met all the LDR requirements.

Commr. Campione commented that Mr. Randall Arendt, a landscape planner, had said that if it was easier to do the conservation subdivision, then it was more likely to be done, opining that this would encourage a conservation subdivision.

Commr. Shields said that this was what the City of Groveland did, and that it had good results.

Ms. Marsh commented that the County had received a draft to the code provisions from Mr. Arendt, and that it was being reviewed and prepared by staff to present in a future BCC meeting.

Commr. Parks mentioned that in the Town of Montverde, one could build a minor subdivision with three units or less with basic criteria, but that four or more units was the threshold, opining that the County could set a number of units.

Commr. Campione remarked that there could be a threshold for pocket neighborhoods or a category, adding that she liked the idea of refining those rules and working in the conservation subdivision design.

commissioner smith – vice chairman and district 3

Lake County Employee Luncheon

Commr. Smith commented that he had a wonderful time at the Lake County employee luncheon, and that it was nice to see the employees, noting that they had a good time.

Tavares City Council meeting

Commr. Smith said that he had attended a Tavares City Council meeting, and that they had approved the memorandum of understanding (MOU) for the Golden Triangle Regional Park, noting that it had now been approved by all three entities.

commissioner campione –district 4

opening of the wildlife corridor on the Wekiva Parkway

Commr. Campione commented that she enjoyed attending the opening of the wildlife corridor on the Wekiva Parkway on the previous day, adding that she looked forward to the bridges being finished and the trail opening.

update from CSX Transportation

Commr. Campione mentioned that she had asked for an update from CSX Transportation regarding an item, but that they would not receive an answer until spring.

Ms. Barker commented that they had indicated the end of the first quarter, and that they were hoping to receive information by the end of March 2022.

COMMISSIONER BLAKE – DISTRICT 5

employee picnic

Commr. Blake expressed appreciation for staff, and opined that the employee picnic was good, adding that it was also good to get back to normal.

Lake County Office of EMS and Fire Rescue

Commr. Blake complimented the Lake County Office of Emergency Medical Services (EMS) and Fire Rescue for their professional response to a recent medical emergency he had, and he thanked them.

commissioner parks – Chairman and district 2

employee picnic

Commr. Parks thanked staff for the employee picnic, and mentioned that he liked the music and would encourage it for the next one.

Ukraine rally

Commr. Parks thanked staff for the Ukraine rally that was done in the previous week, opining that it made a difference. He opined that being involved locally was important, and he encouraged residents to understand the situation and research the history of the Ukraine and how it could impact the United States.

Commr. Campione opined that it was a good opportunity for residents to attend and show support and solidarity, adding that it was difficult to continue with daily activities thinking about people who were fighting for their lives and losing everything they had. She commented that the previous day at the bridge opening, they were celebrating the new infrastructure, while in Ukraine, everything was being destroyed. She hoped that there would be a ban of the import of Russian fuel to the U.S., opining that it would be a step in the right direction.

Commr. Parks commented that Commissioner Campione had spoken at this event, and he thanked her for doing that and thanked others for being there.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:16 a.m.

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SEAN PARKS, chairman

ATTEST:

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GARY J COONEY, CLERK