A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

sEPTEMBER 28, 2021

The Lake County Board of County Commissioners met in regular session on Tuesday, September 28, 2021 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, Interim 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. Parks welcomed everyone to the meeting. He said that the invocation would be led by Pastor Drew Marshall, with South Lake Presbyterian Church in the City of Clermont, and that the Pledge of Allegiance would be led by Mr. Greg Holcomb, Director for the Office of Public Safety Support. He explained that Mr. Holcomb joined the County in 2006, and that he served in the United States (U.S.) Air Force as a Telecommunications Systems/Equipment Maintenance Specialist from September 1981 through March 1986. He elaborated that Mr. Holcomb’s tours included Hill Air Force Base, Utah, and Incirlik Air Base, Turkey, and that he finished his tour of duty at Patrick Air Force Base in the City of Cocoa Beach. He said that in Turkey, Mr. Holcomb served under President Ronald Reagan in support of the Libyan Crisis, and that he received an Honorable Discharge in 1988 as a Sergeant Non-commissioned Officer. He related that Mr. Holcomb was awarded the Air Force Achievement Medal for his accomplishments, and he thanked him for his service to the country and the county.

Pastor Marshall then gave the invocation and Mr. Holcomb led the Pledge of Allegiance.

virtual meeting instructions

Mr. Erikk Ross, Director for the Information Technology (IT) Department, explained that this 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 written comments sent during this meeting would be shared with the Commission after the meeting was concluded.

Agenda update

Ms. Jennifer Barker, Interim County Manager, said that Tabs 32 and 33 were added as addendums to the consent agenda since it was first published, and that Tabs 34, 35 and 36 were added as addendums to the Chairman’s report. She commented that the final budget book was added as an attachment to Tab 37, and that Tab 37 was previously Tab 32 prior to the addition of the addendums.

arpa update - public safety department

Mr. Tommy Carpenter, Public Safety Director, presented an update on the Public Safety Department, recalling that he had previously come before the Board of County Commissioners (BCC) on August 24, 2021 regarding Office of Emergency Medical Services (EMS) operational challenges. He commented that he had previously come before the Board because the office had issues with increases of unscheduled absences and call volume which created challenges in staffing ambulances. He relayed that the recruitment of paramedics for the Office of EMS continued to remain a challenge, and that the Director for the Office of EMS had come before the Board in July 2021 to consider premium pay for their staff, to increase their pay, and to request an $8,000 sign-on bonus for paramedics with $4,000 for emergency medical technicians (EMTs). He mentioned that since that time, the Office of EMS had not been able to recruit any paramedics; however, this was not a unique challenge for EMS services throughout the state, and this situation required them to request mutual aid assistance from an ambulance strike team. He elaborated that this request was made through the Florida Department of Health (FDOH), and that Sarasota County Fire Rescue and the City of North Port both sent one ambulance and one supervisor from August 15, 2021 to September 11, 2021. He listed the following operational solutions moving forward: blending and reorganizing the Offices of EMS and Fire Rescue, working collaboratively to utilize resources from both offices to ensure ambulance coverage; the Office of Fire Rescue personnel currently staffed five full-time 24 hour ambulances and two peak hour ambulances; and the Board had approved double-time pay for all unscheduled overtime for Office of Public Safety 9-1-1 dispatchers, as well as Office of EMS and Fire Rescue EMT and paramedic personnel. He added that part of their operational plan moving forward was considering how they could increase the number of ambulances quickly, noting that about 60 percent of calls came from municipalities; therefore, they had considered extending their agreement. He said that they currently had an agreement with the municipal fire services for advanced life support (ALS) first response and that they were essentially in the County’s system, commenting that their thought was to go one step further to provide an ambulance. He explained that this could allow a municipality to respond to a call, initiate care and take a patient to the hospital instead of turning them over to a County ambulance. He commented that the Office of EMS could provide training and that they were still working on the billing and risk issues.

Commr. Parks relayed his understanding that the County was in a pilot program status with regards to working with the Cities for about the next year to make sure that the County would not be in a crisis situation where they could not find people to staff ambulances.

Mr. Carpenter replied that it would be a unique situation differentiating EMS services, noting that they were having challenges maintaining a pipeline of paramedics. He said that they were seeing a trend where it was becoming increasingly difficult to do this, and that a thought was that if they had to do something immediately, Cities would be allowed the ability to provide ambulance transportation.

Commr. Parks expressed a concern for making sure that the system never became fragmented, opining that the Cities could possibly only want to serve their city. He said that if everyone worked under one system, then they would be providing more efficient service, along with the same or a better response time. He thought that it was a good idea, but reiterated that this was a concern that he wanted to track.

Mr. Carpenter thought that there was work that the County could do with the ordinance, and he said that he was looking to ensure that they had a viable method to expand service. He added that the County would be closely monitoring it and assisting, and that they would providing training and support if they had to expand quickly with municipalities in areas where the majority of their calls were generated from.

Commr. Campione asked if the municipalities who would be willing to participate would then become part of the integrated systems, and if the calls would be based on the closest unit, and Mr. Carpenter confirmed this. Commissioner Campione then inquired if their calls could be inside or outside their city, and if it would be based on where their vehicle was located at the time of the call, and Mr. Carpenter also confirmed this. Commissioner Campione noted that this would also be offered to any of the fire rescue stations. She thought that it sounded like a great solution, and she mentioned the concern about fragmentation; however, the certificate of need was with Lake County, and they could not serve all of their residents with the same response time with a fragmented system.

Commr. Blake asked if the August 2021 call volumes were an outlier or a trajectory that they would have to address in the future.

Mr. Carpenter answered that it was challenging to tell, and he thought that it had been difficult to pinpoint why certain items had occurred in the past year or 1.5 years. He said that his goal was to ensure that they were getting resources in place and planning for the future, opining that the future would include a greater demand for service.

Commr. Blake opined that the municipal option was good, and he mentioned that there were public/private partnerships which could possibly manage the human resources side of their medical transport. He also remarked that it could possibly be quicker and cheaper to receive information from a study if they put out a request for proposal (RFP).

Commr. Campione thought that outsourcing would not be the right direction to go to keep everyone cohesive in their organization. She also relayed her understanding that private ambulance companies were having a challenging time and were not able to fill their positions.

Commr. Blake stated that he preferred to have all of the information before making a decision.

Commr. Smith said that he did not mind gathering as much information as possible, and he liked the idea of having municipalities take over some of the ambulance service partnerships; additionally, he did not mind seeing what else was available.

Commr. Parks thought that staff would continue looking at options, and he expressed concerns for outsourcing public safety.

Mr. Carpenter relayed that when he had spoken to the Board on August 24, 2021, staff was considering a study; furthermore, on September 14, 2021, the Board approved a grant for the Office of Fire Rescue to do a fire study. He mentioned that they did not have the funds to do an EMS study, and that it could be costly. He said that he had looked internally at reorganizing these resources, noting that they had a State recognized EMS system; however, they had a supply issue that was not unique to them. He related that his goal was to find a structure to meet that supply and provide not only the service they need currently, but also the ability to increase it. He recalled that he had been directed to proceed with a study, though they still had to gather a scope of work. He said that he needed to be clear before moving forward regarding what he would be expected to do.

Commr. Parks relayed his understanding that it was to move forward with the study as discussed on August 24, 2021, noting that an outsourcing study could be separate.

Commr. Campione asked if he was looking at doing in-house what he was going to ask an outside consultant to do.

Mr. Carpenter confirmed this and believed that they had the leadership to put this system together. He added that they were also looking at other systems in the state that recently had to consider consolidating or reorganizing, along with gathering those best practices.

Commr. Campione expressed support for doing this in-house, noting that the County had the data and information to evaluate the best way to do this. She thought that it was smarter to not spend the extra money and to get it done more quickly.

Commr. Parks stated that the Board could have a discussion when this information was presented, and they could decide what to do next.

arpa update

Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, presented an update on the American Rescue Plan Act (ARPA) and funding allocations. He recalled that on September 14, 2021, the BCC had approved the displayed categories and had requested for additional items to be added to the project list. He elaborated that the added items included the Lake County Sheriff’s Office (LCSO) detention center and computer visitation/registration center for a total of $275,000; therefore, staff removed $275,000 from personal protective equipment (PPE). He added that infrastructure included items from the City of Minneola and the Town of Montverde. He said that there were no revisions and that the allocations remained the same among the categories, and he displayed the new project list. He showed an image with the amount approved by the State to the Cities and Towns in Lake County for a total of $93 million, and he listed the following new funding requests: two requests from the City of Mount Dora for a water and sewer extension to the Mt. Plymouth-Sorrento area; and the Lake County Tax Collector’s request for the City of Leesburg office building, for a total of $10 million in new funding requests.

Ms. Barker recalled that the Board had discussed the Lake County Tax Collector building on September 14, 2021, and staff was giving approval to move forward with purchasing the building in the City of Leesburg. She added that the Tax Collector had indicated that he found additional savings in the current year, and would be providing the County additional excess fees at the end of the current fiscal year above what they were currently anticipating. She said that they also had ARPA funds from their lost revenue calculation for a total of about $3.3 million, and that they were requesting to use $2 million of this to help fund the purchase of the Tax Collector building.

Commr. Parks explained that the County’s total amount of ARPA funding was about $72 million, and that $93 million would go to the Cities. He thought that the Mt. Plymouth-Sorrento area would receive sewer and water utilities regardless, and he expressed a concern for using ARPA funding for new development; however, if the County was trying to get them to convert from septic to sewer, then this could be a great use of ARPA funding.

Commr. Campione expressed support for leaving it as a placeholder, and she proposed to possibly bifurcate it into the Wolf Branch Innovation District and then to the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA).

arpa update – septic tank conversion

Ms. Barker commented that there was discussion at the previous ARPA update on September 14, 2021 about the most critical areas for the septic to sewer conversion.

Mr. Fred Schneider, Assistant County Manager, presented an update on focus areas for septic tank conversion projects. He commented that the Board had requested additional information to discuss the funding that ARPA had designated, and he showed a map with septic tank locations in the county, noting that it was estimated that there were approximately 67,000 parcels with septic tanks. He stated that advanced treatment systems cost about $20,000 to $25,000 each, and the County could replace about 150 septic tanks with these for about $4 million, noting that $2 million was from ARPA funding and $2 million could be from a Florida Department of Environmental Protection (FDEP) grant which the County had applied for. He added that roughly $9.5 million in ARPA funding was for distributed sewer conversions and utilities expansion. He explained that FDEP had basin management action plans (BMAPs) which started about 20 years prior, and that Lake County had three BMAPs to help clean up lakes and streams. He commented that FDEP recently established septic tank loading goals for nutrients for Lake Harris, Lake Yale, Lake Carlton and Trout Lake, and he displayed the following three main BMAPs in Lake County: Upper Ocklawaha; Wekiva; and Silver Springs. He showed maps of the four lakes indicating the number of septic tanks around them, noting that some areas, such as the Trout Lake area, could possibly be serviced by city water and sewer.

Commr. Campione thought that the City of Eustis had water and sewer in this area, noting that it was a mobile home park. She expressed interest in partnering with Cities to serve these areas.

Commr. Parks mentioned the lakes in South Lake, and Mr. Schneider said that the County could expand into other focus areas. Commissioner Parks also noted the importance of water resource protection in the county, and he relayed his understanding that at some point, the County and the Cities could possibly have to take action or pay fines for not reaching BMAP goals. He indicated that in the future, he would like to look at Lake Minneola, indicating an understanding that the Clermont Chain of Lakes were susceptible to nutrient loading from septic tanks.

Commr. Campione recalled that the City of Minneola had requested wastewater line extensions, and she asked if this would be taking two subdivisions off septic tanks.

Commr. Parks confirmed this and added that he was interested in the City of Minneola lakeshore on Lake Minneola, opining that it could be helpful to convert some of those septic tanks to sewer.

Mr. Schneider said that after the current meeting, the County could start reaching out to the Cities of Minneola and Eustis, and the Town of Montverde to start working with them on an implementation plan for where their lines would have to extend to. He added that if the County was going to offer to replace septic tanks with advanced treatment systems, they would want an agreement for those owners to maintain the system. He stated that Onsyte distributed systems had an FDEP permit associated with them, and that they had to be inspected regularly with a utility operation. He then continued his presentation and stated that there were many springs in Lake County, and that the County could include lakes and streams which were Outstanding Florida Waters in their focus area for where they could implement this program. He explained that to implement it, they would need to identify geographic focus areas, develop criteria to obtain funding, develop the application, obtain an agreement with a utility provider for a distributed system or a city for water and sewer, and communicate the program to the public. He concluded that staff could start working on these items after the current day.

Commr. Parks proposed to consult with the St. Johns River Water Management District (SJRWMD) and FDEP.

Mr. Schneider noted that recently, FDEP was taking over septic tank permitting from the Florida Department of Health (FDOH), and that the County could possibly receive information from FDOH.

Commr. Shields asked if the County was making correlations that they believed was where the water quality issues were coming from, or if they had data that septic tanks were failing or that septic tanks older than a certain date needed to be replaced.

Mr. Schneider replied that FDOH knew of about 20,000 septic tanks and that there were many more; additionally, he did not think the County knew if these septic tanks were working. He stated that the County needed to determine how to implement those locations and know the data. He commented that FDEP had data regarding nutrient loading, and that there could be farms or other items aside from septic tanks that created phosphorus loading.

Commr. Campione said that if the County received more demand than they had funding for, they could possibly consider the year that the septic tank was installed.

Mr. Schneider mentioned that the County could work with FDEP or FDOH and provide information to residents about pumping their septic tanks on a regular basis.

Commr. Campione opined that it may not be an issue if it was on a high sandy soil area, but one would have to do this if they were 200 yards from a lake; however, this had never been a mandate or a suggestion in Lake County.

Mr. Schneider recalled that a year or a year and a half prior, the County completed a project near Lake Gertrude on Sylvain Point Drive using stormwater funds, noting that the project regarded failing septic tanks and yards that were flooding. He added that the County had worked with the City of Mount Dora and installed a force main that homeowners could connect to, and that the flooding issue was fixed. He said that the County could work with Cities and that staff could bring forward ideas.

Commr. Blake opined that the funding could possibly go far if the County offered a program to pump septic tanks, noting that they could target a lake.

Commr. Campione opined that they wanted the long term solution being the better system, but this might be the most significant way to have the largest short term impact. She questioned what would happen if a tank was pumped and remained, but the drain field was replaced with a better drain field.

Mr. Schneider commented that these were great ideas, noting that the County had offered an inspection and possibly to pump septic tanks along some of the lakes.

Commr. Campione mentioned that if the County found an issue, they would need to have the funds to address it.

Minutes approval

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the minutes for the BCC meeting of June 8, 2021 (Regular Meeting) as presented.

citizen question and comment period

Ms. Cindy Newton, a resident near Lake Swatara, thanked the BCC for their efforts toward the joint venture with the City of Eustis, and she asked if there had been a time and place set for the next joint meeting. She also thanked the BCC for considering a leadership role for all of the Cities of Lake County, and inquired if there were any updates for this. She then opined that with rapid development in Lake County and the State of Florida, it was vital to have an entity focused on cleaning up water; therefore, she requested the BCC’s support to keep the Lake County Water Authority (LCWA) independent. She also asked if there were any updates on the Board’s meeting with Representative Keith Truenow.

Commr. Parks commented that October 1, 2021 would be the next meeting between himself, City of Eustis Mayor Michael Holland, and County and City staff. He added that they would move to develop a plan or overlay which he thought would exhibit some good planning to consider what the City wanted to do, and also address the residents’ concerns regarding buffering, land use, density, walkability, etc. He added that the County’s leadership role in a joint venture with the Cities was moving forward, and that a letter would be sent as an invitation to the Cities.

Ms. Barker said that the County was working with Representative Truenow’s office and confirming a date and time.

Ms. Melanie Marsh, County Attorney, clarified that the meeting with the City of Eustis was on the following Friday, October 1, 2021 at 9:00 a.m. at the Eustis Memorial Library.

Mr. Marty Proctor, a LCWA District 1 trustee, asked the Board to consider the continued independence of the LCWA. He said that the LCWA was focused on protecting freshwater and allowing recreation for residents. He mentioned that the county had over 1,000 named lakes and two major lake chains. He commented that since 1979, the LCWA had collected 7,000 acres of land for preservation represented by 26 preserves, noting that this was 10 square miles of property which had been preserved for residents. He added that the LCWA had done a significant amount of stormwater projects, and he opined that their waterways were in better shape than they had been for a long time. He opined that the economic impact of fishing, volleyball and soccer tournaments was in excess of $10 million per year and brought thousands of visitors to the state, and he recalled that the BCC had funded stormwater improvements at the volleyball courts. He opined that it was important to keep this progress going, to have clean water for events, and to have passive use parks available. He added that the LCWA also funded four marine patrol units, noting that they were an elected board and that they were proud to serve.

Commr. Parks thanked Mr. Proctor for his service, noting that he did many other things for the community as well.

Ms. Lavon Silvernell, a resident of Lake County, relayed her understanding that nitrogen was not removed by a septic tank but could be redirected, and that nitrogen in fertilizer did not break down or bind to the soil; rather, it moved through the soil. She expressed support for having education to help people understand how their choices impacted the county and the planet. She also advocated for open space in developments which provided less fertilized and less chemically treated land not just for water, but also for pollinators and producing oxygen.

proclamation 2021-116 for national 4-h week

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a 5-0 vote, the Board approved Proclamation 2021-116 to designate the week of October 3 - 9, 2021, as National 4-H Week in Lake County.

Commr. Smith read and presented Proclamation 2021-116 to 4-H students in attendance.

Commr. Parks said that the kids were doing great work.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Shields 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

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 and filed in the Board Support Division of the Clerk's Office.

Proof of Publication of Unclaimed Moneys

Proof of publication of unclaimed moneys and payment to the Board for those non-court related moneys advertised less claims and publication costs.

Estates at Cherry Lake Community Development District Resolution 2021-07

Notice is hereby provided of having received a copy of Resolution 2021-07, identifying the Fiscal Year 2021/2022 meeting schedule for Estates at Cherry Lake Community Development District. This meeting schedule is being submitted in accordance with Section 189.015(1) of the Florida Statutes.

City of Eustis Ordinances

Notice is hereby provided of having received Annexation Ordinance 21-11, corresponding Future Land Use Ordinance 21-12, and corresponding Design District Amendment Ordinance 21-13 from the City of Eustis.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Smith asked to pull Tabs 7 and 8 for discussion, and Commissioner Blake requested to pull Tab 14 for discussion.

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 26, adding Tabs 32 and 33, and pulling Tabs 7, 8 and 14 for discussion, as follows:

PROCLAMATIONS

Recommend approval of White Cane Day Proclamation 2021-115, per Commissioner Parks.

Recommend approval of Brain Aneurysm Awareness Month Proclamation 2021-145.

COUNTY ATTORNEY

Recommend approval of the Precinct Changes at the request of the Supervisor of Elections.

HUMAN RESOURCES AND RISK MANAGEMENT

Recommend approval of Contract 22-500 with Healthstat Wellness, Inc. (Charlotte, NC) for Employee Health and Wellness Center operations. The estimated annual fiscal impact is $1,039,450 (expenditure) ($120,800 will be funded by ARPA for mental health services) is within, and will not exceed, the fiscal year budget.

Recommend approval of:

1. A one-year extension of Contract 16-0027 with Hartford Life and Accidental Insurance Company (Tampa, Florida) to provide Basic Life, Accidental Death, and Dismemberment services.

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

The estimated fiscal impact is $353,535 and is within the Fiscal Year 2022 Budget.

Recommend approval of the annual Miscellaneous Liability Insurance policy. The fiscal impact for Fiscal Year 2022 is $27,420.

AGENCY FOR ECONOMIC PROSPERITY

Recommend approval to accept the Duke Energy Foundation Grant award for the production of a promotional video to showcase Lake County’s economic development advantage. The fiscal impact is $10,000 (revenue/expense).

Recommend approval of a letter of support for the City of Mount Dora's funding application to the Florida Department of Economic Opportunity for the Florida Job Growth Infrastructure Grant for the extension of utilities in the targeted employment area of the Wolf Branch Innovation District. There is no fiscal impact.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval of Hazards Analysis Grant Agreement with the Florida Division of Emergency Management and authorization for the County Manager to execute any supporting documentation. The fiscal impact is $6,541.72 (revenue).

PUBLIC SERVICES AND INFRASTRUCTURE

Fleet Management

Recommend approval to utilize the State of Florida Contract 78181701-NASPO-ACS for Fuel Card Services to WEX Bank and authorize the Office of Procurement Services to execute related implementing documents. The estimated fiscal impact is $400,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Proposed Budget.

Housing and Human Services

Recommend approval of an agreement with LifeStream Behavioral Center, Inc. for Fiscal Year 2022 funding. The fiscal impact is $1,272,947 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

Recommend approval of funding for the Lake County School Board's Choice, Charter and Community Education Driver's Education Program - Behind the Wheel Training for Fiscal Year 2022. The fiscal impact is $125,100 (expenditure - Traffic Education Trust Fund).

Recommend approval of a contract with the State of Florida Department of Health for the operation of the Lake County Department of Health. The contract is effective from October 1, 2021 through September 30, 2022. The total fiscal impact to support the Department of Health is $446,568 (expenditure of $321,312 in American Rescue Plan Act (ARPA) funding and $125,256 in-kind services), and is within, and will not exceed, the Fiscal Year 2022 Proposed Budget.

Library Services

Recommend approval to submit the Fiscal Year 2022 State Aid to Libraries Grant Application and Certification of Funds, Certification of Hours-Free Library Services-Access to Materials and Grant Agreement. The fiscal impact is estimated at $178,000 (revenue).

Public Works

Recommend acceptance of the Keep Lake Beautiful Committee’s recommendation for Lake County to become a pilot Chapter Facilitator for the America In Bloom Program. There is no fiscal impact.

Recommend adoption of Resolution 2021-147 designating county-maintained roads within the Astor community as appropriate for the operation of golf carts.

The fiscal impact is estimated at $100 (expenditure - for sign materials) and is within, and will not exceed, the Fiscal Year 2021 Budget. Commission District 5.

Recommend adoption of Resolution 2021-148 to advertise a public hearing to vacate a public ingress, egress and utility easement located south of Wiygul Road and North of Bill Collins Road. The closest municipality is the City of Umatilla. The fiscal impact is $2,295 (revenue-vacation application fee) and is within, and will not exceed, the Fiscal Year 2021 Budget. Commission District 5.

Request approval to accept public Right of Way and Easement Deeds that have been secured in conjunction with development, roadway, and stormwater projects.

The fiscal impact is $1,990.80 (expenditure – recording fees) and is within, and will not exceed, the fiscal year budget.

Recommend approval to accept the final plat for Johns Lake Landing Phase 6 and all areas dedicated to the public as shown on the Johns Lake Landing Phase 6 final plat, located east of Clermont. The fiscal impact is $1,551 (revenue - final plat application fee). Commission District 2.

Recommend approval of an agreement with Olympus Orlando Holdings, LLC for funding of roadway improvements in the Wellness Way Area Plan.

The fiscal impact is $8,021,077 (revenue).

Transit Services

Recommend approval and execution of revised Policy LCC-80, governing the use of Disadvantaged Business Enterprises and small businesses within Lake County's federally funded public transportation system and support for a revised participation goal of 6.13 percent rather than the current goal of 8.4 percent. There is no fiscal impact.

Recommend approval of:

1) The Fifth Amendment to Transit Operator Contract 17-0202 with RATP Dev USA, Inc. to replace Attachment C – Pricing Schedule dated 10.01.2021 to increase the fees/fares charged for the service; and

2) The Third Addendum to Transit Operator Contract 17-202 with RATP Dev USA, Inc. to extend the provision of CARES Act funding to the vendor through March 30, 2022.

The estimated fiscal impact is $7,246,369.00 (expenditure) and is within and will not exceed the Fiscal Year 2022 Budget.

Tab 7: 2022 bcc meeting dates

Ms. Barker mentioned that staff did not have the second date listed for the Wednesday following each of the 2022 Board meetings; therefore, staff would revise the schedule and bring it back in October 2021 for approval.

On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the 2022 meeting dates for the Board of County Commissioners: January 4, 11 and 25; February 1, 8 and 22; March 1, 8 and 22; April 5, 12 and 26; May 3, 10 and 24; June 7, 14 and 28; July 5, 12 and 26; August 2, 9 and 23; September 6, 13 and 27; October 4, 11 and 25; November 1 and 15; and December 6 and 20.

Tab 8: fiscal year 2022 fee schedules

Commr. Smith said that he noticed under the Public Works Department fee schedule that they had a change to the haul permit fee for 10 cents per cubic yard; however, he would like to make this zero. He relayed that staff was working on bringing back a resolution to change the code and eliminate the fee completely, and that he could not support approving this item without eliminating the haul permit fee.

Commr. Parks asked if there would still be the understanding that there could be flexibility for a fee to be a condition if the Board was considering a mining conditional use permit (MCUP) that could involve a significant amount of trucks.

Ms. Marsh confirmed this and added that the Public Works Department had looked through mining code provisions and sent her some changes; furthermore, staff would be bringing this back.

Commr. Campione inquired if there would be any unintended consequences of going to a zero fee.

Ms. Marsh clarified that this fee schedule was for the next fiscal year, and that it would not impact any permits, settlement agreements or zoning ordinances currently in place which included a requirement for a haul permit. She indicated that if someone applied for the permit before the Board repealed the fee, they would not have a fee.

Commr. Blake thought that this was a great idea, and he expressed support for Commissioner Smith’s idea. He said that he would be voting against this item, but not for that reason.

Commr. Campione asked to confirm that for MCUPs, if the Board would still have the ability to impose a hauling fee if they voted to repeal the fee.

Ms. Marsh said that this was correct because those would be conditional zonings.

Commr. Parks asked if Commissioner Smith’s intent was to lessen the impact with smaller permits, and Commissioner Smith stated that his intent was not to singularly punish an industry.

Commr. Campione noted that this industry put a significant amount of weight on the county’s roads. She recalled that a large hauling operation in the City of Tavares was damaging several roads, and that there was no way to recoup the costs of the impact to the rest of the taxpayers. She thought that the Board should consider if there was a better way to do this, and she noted that it was an important industry; however, she opined that they had to distinguish between the larger operations versus smaller ones.

Commr. Smith said that many industries that the County did not charge a haul permit for put a significant amount of weight on the roads, such as concrete companies, sod farms and warehouse distribution centers.

Commr. Shields recalled that Board had discussed that the amount of funding collected was not much, and he opined that the fee could be more of an issue than it was worth.

Commr. Parks said that the County would have to examine the issue of more weight on the roads, relaying his understanding that an electric vehicle could weigh more than a standard vehicle. He expressed support for the current item as long as the Board still had the fee as a tool for something like an MCUP to address the impact on the roads.

On a motion by Commr. Smith, seconded by Commr. Campione and carried by a vote of 4-1, the Board approved Resolution 2021-146 adopting the fee schedules for Fiscal Year 2022, with the modification to reduce the Public Works Department haul permit fees to zero.

Commr. Blake voted no.

Tab 14: ordinance regarding distribution of free publications

Commr. Blake said that on the previous evening, he received a phone call from Mr. Matt Newby, Publisher of the North Lake Outpost newspaper, who was concerned about this tab. He expressed support for tabling this item to give Mr. Newby a chance to address it, relaying that Mr. Newby provided free samples and that he was concerned that it could cause issues with addressing enforcement.

Commr. Smith commented that this tab was just to allow the County to advertise the ordinance, noting that they could possibly change how it was written to make it not as impactful to small business while also protecting the private citizen.

Commr. Blake inquired if the County had reached out to other publishers in the county and if they shared this concern.

Commr. Smith replied that the City of Tavares currently did this and that it had not caused an issue that he was aware of.

Commr. Campione inquired if this item originated from people receiving publications that they did not request.

Commr. Smith confirmed this, and clarified that the intent of this item was that one could request the newspaper to not be delivered.

Commr. Campione said that the Board could possibly explore some revised language to address the nuisance deliveries as opposed to periodically receiving something that one did not request.

Commr. Blake indicated a preference to table the item and allow individuals to address their concerns at a BCC meeting, as well as modifying the advertisement with the correct language.

Commr. Campione added that when the item came back, the Board could have some other options to consider.

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board tabled a request to advertise an Ordinance creating Section 14-2, Lake County Code, to be entitled Distribution of Free Publications, to provide a process where private property owners and tenants may opt out of such distribution, until the October 12, 2021 BCC meeting.

recess and reassembly

The Chairman called a recess at 10:24 a.m. for seven minutes.

public hearings: REZONING

rezoning regular agenda

Tab 1. Ordinance No. 2021-36

Rezoning Case # RZ-20-36-2

McKinnon Groves PUD

Rezone 357.10 acres from Estate Residential (R-2) and Agriculture (A) to Planned Unit Development (PUD) to facilitate the development a mixed-use development consisting of 660 dwelling units and 48 acres of non-residential uses within the Wellness Way Area Plan.

Mr. Tim McClendon, Director for the Office of Planning and Zoning, presented Tab 1, Rezoning Case # RZ-20-36-2, McKinnon Groves PUD. He explained that the case was located on the south side of Hartwood Marsh Road, north of west Phil C Peters Road, and along the Lake-Orange County line in South Lake. He added that it was in Commission District 2, and that the tract size was approximately 360 acres; furthermore, the request was to rezone 360 acres from Estate Residential (R-2) and Agriculture to Planned Unit Development (PUD) to facilitate the development of a mixed use project consisting of 660 dwelling units and 48 acres of nonresidential set-aside. He commented that staff had handed out a memo to address the Comprehensive Plan (Comp Plan) policies and Land Development Regulations (LDR) that were cited at the September 7, 2021 BCC meeting, noting that staff would like this to be entered into the record. He displayed the revised ordinance for the Board’s consideration.

Commr. Parks noted that this request was in his district, Commission District 2, and explained that this item was back only for Board discussion and a final decision. He said that in reviewing the application, he found the following compelling evidence and testimony from the opposition, the applicant, and the public: the applicant would be permitted to develop 359 units under conventional Lake County zoning code without any public hearing and without the Wellness Way designation; while the Wellness Way Comp Plan allowed them to request 660 lots, the conventional code did not have nearly the stringent standard for design as mandated in the Wellness Way code; development of 359 units under conventional code, including one unit per five acres on the Avalon Groves tract, would virtually guarantee the exclusion of buffers that were managed for restoration and wildlife movement; and Lake County conventional zoning code would almost certainly ensure the fencing off of 1.5 acre lots, one acre lots, and two to five acre lots with no buffers, noting that this was contrary to the goals and objectives of promoting wildlife movement and restoration of Florida native habitats, along with being contrary to the goal of reducing grass lawns and thereby reducing chemical inputs into the soil and water environment and greatly reducing the use of water for irrigation. He opined that landowners on home lots most often did not manage their properties to restore Florida native habitats; rather, they put up fences, cleared land for more space devoid of diverse vegetation, and created larger lawn areas. He stated that the applicant was proposing large buffers free of fencing, and would restore buffer lands and open spaces to their native Florida habitat through an imposed management plan that would run in perpetuity with the property. He stated that at 359 units developed under conventional Lake County code and assuming one inch per week irrigation, this scenario would consume over eight million gallons of water per week; however, under the applicant’s proposed plan, irrigable areas were reduced by half, and the irrigation demand would be decreased to roughly four million gallons of water per week. He mentioned that the applicant’s request required Florida Water Star certification, while the conventional Lake County code did not require this. He relayed that according to Conserving Biodiversity in Subdivision Development by Dr. Mark Hostetler, with the University of Florida (UF), communities with large natural buffers had a significant, or greater than 10 percent, increase in marketable property values; therefore, he opined that the applicant’s proposed buffers with management plans supported the County’s goals, objectives and policies to protect and promote property values. He added that the applicant proposed architectural standards which were more stringent, and that the standards created a more walkable community. He mentioned that the majority of the applicant’s land was zoned for two units per acre under conventional code, and surrounding properties in the Cities of Clermont and Winter Garden had a higher density of three to four units per acre. He recalled that many individuals in opposition expressed concerns that the Avalon Groves tract, or the back 80 acres, was too dense and not compatible with surrounding properties. He agreed that this was an issue; however, he believed that this could be addressed in the PUD. He proposed that the Avalon Groves parcel be capped at one unit per acre with a minimum buffer, or contain a minimum 200 foot buffer along the south, east and west boundaries of the property. He said that a minimum 200 foot buffer would at least provide a one acre wide ring that was a restored Florida habitat between the surrounding one, two and five acre lots. He also recalled that many individuals in opposition were concerned about the potential use of the property for high intensity commercial uses, and he thought that this could also be addressed in the proposed ordinance. He stated that many individuals in opposition were also concerned about the lighting and height of buildings, ensuring that nothing was over two stories, and that dark-sky lighting criteria would be adhered to; furthermore, this could also be addressed in the ordinance. He recalled concerns about public safety, noting that this could be addressed by requiring the dedication of a fire/public safety area within this development to the County; additionally, it would also allow for emergency access through the Avalon Groves tract to Phil C Peters Road. He mentioned concerns about traffic along Hartwood Marsh Road, and he pointed out that plans were underway for the County Road (CR) 455 extension, the widening of a portion of Hartwood Marsh Road, the Lake-Orange County Connector, which was a toll road, Wellness Way, which was a road funded by development, and Sawgrass Bay Boulevard. He opined that these roads would significantly reduce traffic along Hartwood Marsh Road regardless of the proposed development. He then expressed concerns for the opposition’s social media regarding this case. He thought that the concerns of the opposition were addressed in the ordinance, and he encouraged Lake County residents concerned about traffic to contact Orange County Commissioner Nicole Wilson and request that she assist in expediting the connection in Orange County of Sawgrass Bay Boulevard to Western Way, which could greatly reduce traffic. He added that the plans for this connection were complete in Lake County, and that they only awaited the cooperation from Orange County to complete it. He referenced page three of the proposed ordinance and pointed out the compromise being addressed for the Avalon Groves parcel.

Commr. Campione recalled that he had mentioned going to a larger buffer versus one unit per acre.

Commr. Parks confirmed this and explained that they would be given the option of one unit per acre on the back 80 acres, or the 200 foot landscape buffer. He thought that the County likely would also need to add something about the blending of the nonresidential property, noting that they could say something like “and further provided that job generation and nonresidential set-aside acreage may be transferred from the Avalon Groves LLC property to and blended among the McKinnon Groves and Jones properties as well.”

Commr. Campione mentioned the condition “existing trees within the landscape buffer that are removed as a result of disease or death shall be replaced with various large caliper trees,” and asked what a large caliper tree was.

Commr. Parks replied that the County could possibly just say “in accordance with best forestry management practices” instead of “large caliper trees.”

Commr. Campione opined that ideally they would want a buffer that was substantially similar to what was there before; therefore, the plantings would replicate that within a relatively short period of time. She noted that the existing trees provided a sense of separation, and she thought that in areas like this, buffers were the way to transition between different sized residential lots and densities. She expressed interest in making sure that there was a management plan, noting that staff could review the plan as part of the development approval process to address the situation where the trees died or were removed.

Commr. Parks clarified that they would be requiring a management plan, opining that the buffers and management plan were unprecedented in Lake County.

Commr. Campione thought that there needed to be assurance that there would be higher density, larger trees if that was what was there currently.

Commr. Parks recalled that individuals in opposition were concerned about it not being clear enough that gas stations or fast food restaurants could not be permitted on the property, and he pointed out that he tried to make it clearer that commercial uses, such as fast food, including drive-throughs, along with gas stations, automotive and general retail would not be permitted.

Commr. Smith inquired what he meant by “general retail.”

Commr. Parks clarified that it would allow for agricultural retail. He then pointed out the section of the proposed ordinance which would require the donation of public land for public safety. He thought that the Board needed to add some text indicating that if the County did not use it after five or 10 years, it would go back to the owner.

Commr. Campione inquired if it would be for any use, and Commissioner Parks asked if it would have to be consistent with the development order.

Ms. Marsh confirmed this and explained that if the County did not use it for public safety, then they could add that they would return it to the applicant or retitle it to them within 10 years; furthermore, the County likely needed to adjust the language so that it was a mutually agreed upon location, and that any subsequent use would be consistent with the PUD.

Commr. Parks recalled concerns from the opposition about lighting; however, the applicant would be adhering to dark-sky lighting criteria. He commented that no street lighting or pole-mounted lighting was permitted in the perimeter buffer areas or open spaces, though bollard lighting was allowed. He opined that they likely needed to add something to indicate that this would be unless a safety standard required the use of a taller lighting instrument. He clarified that the proposed ordinance would be capping the building height at 35 feet, and he noted that there would be emergency vehicle access on Phil C Peters Road. He then said that for landscaping requirements, since the applicant would likely have to do some grading, they probably needed language indicating that the applicant would be allowed to remove some existing trees for grading purposes only within the interior 75 feet to 200 feet of the property; additionally, this would provide that the post-grading vegetation must be reestablished.

Ms. Marsh commented that there was previously a subsection which indicated that age-restricted units may be developed within the PUD.

Commr. Parks said that the age-restriction requirement needed to be removed.

Ms. Marsh reviewed clarifications and strikethroughs in the ordinance which had been discussed by the Board.

Commr. Campione asked which caliper of tree the County normally used when there were a minimum number of trees which had to be planted with a residential lot. She said that the management plan had to take into account that part of it could be possibly replanted with seedlings, but potentially half of it would have to be a larger caliper tree which would already have some maturity.

Commr. Parks said that he had researched the restoration of sand hill crane and scrub jay habitats, which were likely what these areas were before they were citrus, noting that the applicant would be doing a management plan to restore those areas. He commented that there may be something like a scrub hickory tree, which was challenging to grow and transplant, and including a caliper requirement on it may hurt it.

Commr. Campione expressed interest in a recognition that there would an accommodation for higher screening buffering sooner rather than later.

Ms. Marsh relayed that suggested language could be something like “existing trees within the landscape buffers that are removed as a result of disease or death shall be replaced in accordance with best forestry management practices, as shall be established as part of the management plan.” She added the County could set a minimum if the Board wanted to do this, or they could add additional language for the intent.

Commr. Campione proposed to possibly add something to say that it was the intent of the BCC that the management plan would be designed so that there would be some screening with regards to the size of trees that had to be replanted as opposed to seeded.

Commr. Parks asked if they should say a combination of various large caliper trees.

Commr. Campione replied that it could be a combination of sizes of caliper so that it was not just seedlings or for seeding.

Commr. Parks stated that if the applicant was going to do a scrub or sand hill buffer area, it was likely going to include the larger trees which would be a barrier to adjacent properties.

Ms. Marsh indicated that she could take Commissioner Campione’s language and add something to the effect of “the intent of the management plan is designed to screen adjacent properties with a combination of sizes of caliper, rather than seedlings.”

Commr. Campione commented that when she looked at what would be allowed under the current zoning, there would not be a central utility requirement; therefore, there could be 359 units on septic and well. She added that there would not be any requirements with regards to irrigation, and there could be large lots that were 100 percent irrigated. She also said that someone could connect to Phil C Peters Road if they were to plat all of this under straight zoning. She stated that all buffers could be removed and no vegetation could remain, and that this is what could happen without a PUD. She explained that the origin of Wellness Way was to prevent that part of South Lake from becoming a mix of whatever zoning was available there, and without having any regard for groundwater quality issues, water use or animal movement. She added that the County was incrementally addressing the transportation issues, and she opined that the roundabout and road enhancement would be a significant improvement. She opined that a significant amount of thought went into Commissioner Parks’ recommendations, and she liked the attention to the landscape buffer requirements to ensure that they would function in the intended way and provide transition between lower and higher density.

Commr. Smith asked if the applicant agreed with this, and he relayed that he had staff conduct an analysis of the roads there. He elaborated that if the residents in the area wanted to do a municipal service benefit unit (MSBU), 51 percent of them would have to fill out a petition, and it would be $75 per year per resident to have a four lane road immediately. He said that it could be up to the residents if they wanted to expedite the process.

Commr. Parks added that the County would be widening Hartwood Marsh Road from U.S. 27 to Regency Hills Drive, which was almost the first curve.

Commr. Shields expressed concerns for being able to drive from the subject property to Wellness Way locations, and he thought that connectivity was key. He opined that Wellness Way started below this property, and he felt that it was a sliver wedged between places that were already existing.

Commr. Campione mentioned that the conditions around the subject property existed already, and she asked if Commissioner Shields would feel better about it being straight zoned.

Commr. Shields replied that he understood everyone’s points.

Commr. Parks said that he wished more places had the stringency of the Wellness Way criteria, noting that it was more stringent than the City of Clermont or any other city in the county. He commented that many individuals on larger lots did not want to be part of Wellness Way, noting that it was voluntary, but that this did not discount that the entire area was considered Wellness Way; additionally, the County was also trying to plan for the residents on larger lots so that they would have a higher standard and more certainty about what type of development would occur around them. He indicated that the great freezes gave part of the subject property the R-2 zoning, noting that it gave citrus grove properties around the county four or five units per acres in some cases. He opined that the Board had to try to come up with a better way to plan this instead of doing straight zoning.

Commr. Smith made a motion to approve this item, with the suggested changes.

Commr. Blake seconded the motion, and he asked if the applicant supported this.

Ms. Marsh relayed that she had sent a draft to Ms. Anita Geraci-Carver, an attorney representing the applicant, and Mr. Brent Spain, an attorney who had previously filed a notice of appearance to represent some of the opposition. She elaborated that there were some changes after the draft was sent, along with changes at the current meeting. She thought that the Board could ask them if they would be in agreeance with this without having back and forth discussion.

Ms. Geraci-Carver thanked Commissioner Parks for making some revisions that they thought stayed within the project they were proposing, but also addressed the concerns that the Board heard. She asked to clarify that the Board was not prohibiting age-restricted development.

Commr. Parks thought that they would only be removing the requirement to force this on the back 80 acres, which was a concern of the opposition.

Ms. Geraci-Carver indicated that the height limitation was not an issue for the applicant; however, she said that the Board may want to add an exception if the County’s fire stations were higher than 35 feet.

Ms. Marsh relayed that it appeared that the language for height was fine for the County.

On a motion by Commr. Smith, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved Tab 1, Rezoning Case # RZ-20-36-1, McKinnon Groves PUD, with suggested changes.

Commr. Shields voted no.

public hearing: ordinance 2021-34

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 8-4, LAKE COUNTY CODE, ENTITLED ENFORCEMENT PROCEDURE; PROHIBITING THE ACCEPTANCE OF ANONYMOUS CODE COMPLAINTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Campione asked if this item was mandated.

Ms. Marsh confirmed this and explained that the Florida Legislature did not allow the County to receive anonymous complaints any longer.

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. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved Ordinance 2021-34 amending Section 8-4, Lake County Code, entitled Enforcement Procedures, to prohibit anonymous code enforcement complaints.

public hearing: ordinance 2021-35

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 2-90.44, LAKE COUNTY CODE, ENTITLED DUTIES; REPLACING THE REQUIREMENT FOR A JOINT PUBLIC MEETING WITH A NOTICE PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Marsh said that this was just clearing up the code so that the Board did not have to have a joint public meeting with all 14 municipalities, the Lake County School Board, and themselves regarding the Sales Surtax Advisory Committee.

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. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2021-35 amending Section 2-90.44, Lake County Code, regarding the Sales Surtax Oversight Advisory Committee.

regular agenda

ordinance to restrict or prohibit surveillance equipment

Mr. Schneider presented an ordinance with regards to surveillance equipment in County right of way. He commented that in August 2021, the Board was notified that a private company had installed surveillance equipment along various County-owned rights of way without obtaining necessary permits, and that there were two options for an ordinance to provide restrictions on the installation and use of private surveillance equipment on County-owned property and public right of way, or to prohibit those installations altogether. He also remarked that as of mid-September 2021, all of the devices and poles had been removed. He relayed the following information about option one: restricts the installation of surveillance devices on county-owned property or right of way; requires a right of way utilization permit; requires Board approval for installation of devices on County-owned property that is not classified as right of way; reserves the right for the Board to charge a fee for use of County-owned property or right of way; creates penalties for installing devices without proper permits or approvals; code enforcement process for violations; the recommended penalty for a first offense was $500 per day per surveillance device, and the second offense would be $1,000 per day per surveillance device; creates a permit exception for publicly dedicated right of way/easements if it is not within the County’s maintenance system, or no road exists, or if the County had not previously performed any emergency work on the right of way/easement; assigns responsibility for permitted improvements or structures to the permittee including maintenance and liability; allows Public Works Department staff to approve permits for a property owners association to install security cameras on internal roads; and all other permits for surveillance devices must be presented to the BCC for consideration. He then provided the following information regarding option two: prohibit all surveillance devices within public right of way owned and maintained by Lake County; would allow an exception for publicly dedicated right of way/easement if the right of way/easement was not within the County’s maintenance system, or no road exists, or the County had not performed any emergency work on the right-of-way/easement. He concluded that the requested action would be to request approval to advertise either option one or option two.

Commr. Campione said that they would have no influence over someone on private land facing a camera to a public right of way, though the County would have done their part to prevent the devices from being in public rights of way.

Ms. Marsh commented that they needed to decide how they wanted to address the Florida Department of Transportation (FDOT) traffic camera, noting that they would likely want to make an exception for this. She added that they would also need to decide what to do with existing cameras, such as for homeowners associations (HOAs), noting that if they were prohibited outright, then the County would need to notify those individuals that they would need to move the cameras. She clarified that they would likely want to add the FDOT exception to both options, and that the HOA restriction was up to the Board for option one.

Commr. Blake said that he did not have any issues with the HOAs and that this would be fine. He recalled that there had been a significant response to this issue, and he relayed that he would prefer option two. He thanked Ms. Marsh and Mr. Schneider for their help.

Commr. Campione asked if the County’s intelligent transportation system, which helped staff, would be exempted.

Mr. Schneider was not sure if the devices on Florida’s Turnpike or an FDOT road would be considered surveillance devices. He added that the County had cameras at traffic signals to tell if vehicles were present; however, they did not record. He indicated that there were other devices on state highways to observe traffic during emergency events, though these did not record either.

Commr. Parks relayed that some Cities had cameras, but there was not facial identification or tag identification capabilities, unlike with what happened with the subject incident where license plates were being read.

Commr. Smith stated that some Cities had webcams, and he questioned if it would be considered a surveillance camera. He indicated that he was fine with an HOA having it, and that the intent for this item was to prevent people being unknowingly surveilled on county roads. He thought that option one would be better because the Board could modify it to allow the items that the County wanted, and disallow the items they did not want. He also thought that option two would restrict the County to prohibiting everything.

Commr. Blake thought that a City could already use a webcam on their property.

Commr. Smith confirmed this, but noted that the County may want to have a webcam on County property.

Commr. Parks asked if there was a way to incorporate this scenario of flexibility into the ordinance, and Ms. Marsh confirmed that it could be modified. Commissioner Parks then said that the Board was possibly working on a hybrid of options one and two, clarifying that the ordinance would prohibit these devices, but HOAs would be allowed.

Commr. Blake thought that the solution with Commissioner Smith’s concerns was to incorporate it into option two, noting that it would be illegal and that there would be a financial penalty. He stated that he understood the pros of these devices from the law enforcement side; however, he opined that there was also a con and that the data existing could make it susceptible. He expressed interest in removing any possibility for abuse.

Commr. Smith remarked that he was amicable with this, and the Board could possibly prohibit a list of surveillance devices, or allow Board approval so that they could consider the facts.

Commr. Campione thought that requiring it to come back for Board approval would address those scenarios and also make it clear that it could not be done without authorization.

Commr. Blake clarified that they would keep the financial penalties from option two.

Ms. Marsh summarized that the Board would move forward with the prohibition, but would have exceptions for unmaintained right of way, homeowner’s association (HOA) cameras, and FDOT cameras; furthermore, any other type of surveillance use would require Board approval.

On a motion by Commr. Smith, seconded by Commr. Blake and carried by a vote of 4-0, the Board approved to advertise an ordinance to restrict or prohibit private surveillance equipment on County-owned property or right-of-way, with exceptions including unmaintained right of way, homeowner’s association (HOA) cameras, and FDOT cameras; furthermore, any other type of surveillance use would require Board approval.

Commr. Shields was absent for the vote.

commissioners reports

commissioner smith – vice chairman and district 3

coffee and conversations

Commr. Smith said that he would be having a Coffee and Conversations event at Jonesy’s Café by Coffee Shop of Horrors in the City of Tavares. He invited everyone to attend and speak with him.

commissioner shields – district 1

CITY OF GROVELAND MEETINGS

Commr. Shields relayed that he had his regular City of Groveland meetings, including a City of Groveland Community Redevelopment Agency (CRA) meeting on the previous night.

LAKE 100 FORUM

Commr. Shields indicated that he had also attended a Lake 100 economic development forum.

EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL CONFERENCE

Commr. Shields noted that he had attended an East Central Florida Regional Planning Council conference at the Kroger fulfillment center in the City of Groveland. He mentioned that other Counties received a good tour of the facility.

commissioner campione –district 4

MEETING WITH ORANGE COUNTY COMMISISSIONER AND APOPKA MAYOR

Commr. Campione said that on the previous day, she had a good meeting with Orange County Commissioner Christine Moore and City of Apopka Mayor Bryan Nelson to discuss the gap in the West Orange Trail which would connect to the Neighborhood Lakes Trail. She noted that a project development and environment (PD&E) study had been completed, and that they met to find out their timeframe and to what extent that Lake County could possibly help with lobbying or encouraging others to help see it through.

RECENT TRIP

Commr. Campione commented that she recently had a great trip and that she appreciated the Board’s flexibility.

COMMISSIONER BLAKE – DISTRICT 5

resolution expressing opposition to mandatory vaccination

Commr. Blake said that this was the item that the Board had discussed at their previous meeting as it related to federal vaccine mandates. He thanked Ms. Marsh for drafting this resolution, opining that the wording was appropriate, that it adhered to the substance of the issue, and that it expressed support for the Florida Attorney General in her efforts to fight for the rights of Floridians and Lake County citizens to make their own decisions. He then read the resolution into the record, and he requested that the County send a copy of this resolution to the White House and to the Florida Governor’s Office.

Commr. Shields said that he would object to this item, indicating that during his campaign, he was asked many state or federal policy questions; however, he opined that this was a distraction, noting that he could only affect local issues. He stated that he did not see a solution in this resolution, and he relayed that a Kaiser Family Foundation study had found that 287,000 unvaccinated people in the previous three months had been in the hospital with COVID-19, noting that this had cost $5 billion. He mentioned that the businesses would have to pay for this, and that an expert had relayed to him that there could be a 40 percent increase in insurance premiums. He expressed concerns for the effect of this on businesses, and he indicated that if the Board was going to address this item, he would like to see some solutions put forth to move the discussion forward.

Commr. Blake stated that this item was a response to something, and he opined that forcing people to receive chemicals that they objected to was contrary to what the country stood for.

Commr. Shields thought one could be vaccinated or tested weekly, and that he did not think that one had to receive a vaccine.

Commr. Blake expressed concerns that this mandate was ever suggested, along with a $14,000 fine for an infraction. He did not think that this should be the Occupational Safety and Health Administration’s (OSHA) job, and he thought that the residents of Lake County would agree that this was an overreach.

Commr. Shields clarified that he was not disagreeing with Commissioner Blake’s position; however, the Board had no purview over this.

Commr. Blake said that he felt it was necessary to bring forward a resolution so that the individuals that the Board represented understood that the Board was trying to protect their autonomy and their ability to run their business as they saw fit.

Commr. Campione asked if the County had heard anything regarding requirements for their first responders.

Ms. Marsh replied that the federal agency responsible for the Medicare/Medicaid program were currently in rulemaking, noting that there was supposed to be something from them in October 2021.

Commr. Campione opined that this mandate could impact the County, and she hoped that it would not be a mandate on them. She expressed support for letting the Board’s position be known that they did not think it should be forced upon people.

Commr. Parks expressed concerns for the vaccination mandate, though he added that individuals could talk to their doctors about receiving it.

On a motion by Commr. Blake, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved Resolution 2021-149 Expressing Opposition to President Biden's Mandatory Vaccination Declaration, with the modification to also send copies to the White House and the Florida Governor.

Commr. Shields voted no.

commissioner parks – Chairman and district 2

letter of support for cornerstone hospice

Commr. Parks clarified that this item would just be a letter of support, and that there was no fiscal liability for the County.

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved a letter of support requested by Cornerstone Hospice for their Certificate of Need application to add another hospice in the Marion County area.

constitution week proclamation

Commr. Parks noted that the Constitution Week proclamation was never read into the record. He said that it was important; however, he proposed to table it until the following BCC meeting.

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board tabled reading the Constitution Week proclamation into the record until the October 12, 2021 BCC meeting.

updated agreement with lake county historical society

Commr. Parks said that there was no fiscal impact to the County for this item, and that there were some updated changes.

Ms. Marsh explained that the Board’s version of the agreement required the County to insure all of the items at the Lake County Historical Museum; however, the County did not have the ability to insure it unless the Lake County Historical Society provided an appraisal on each individual item; additionally, the County had a cap for the amount that they could insure. She indicated that staff had modified the language, with approval from the Historical Society, which would essentially say that if they wanted the County to insure an item, then they needed to notify the County and provide an appraisal.

On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the updated agreement with the Lake County Historical Society, Inc.

planning and zoning workshop

Commr. Parks requested to possibly dedicate a portion of a BCC meeting before the holidays as a workshop to review planning and zoning, such as if there were different formats they wanted for reports, along with possible code changes for what they might require the applicant to submit.

north lake county hospital district

Commr. Parks requested information regarding the North Lake County Hospital District (NLCHD) and what the impacts to the County might be with the district’s recent move to zero millage.

Commr. Campione thought that the Board was looking for a breakdown of what the NLCHD was providing to the clinics and LifeStream Behavioral Center, and the extent to which the County could be responsible for indigent medical bills incurred by the hospital emergency rooms or the hospitals themselves. She knew that the County had to fund certain Medicaid room nights, but she did not know whether this item would have an impact on this. She said that the County could possibly receive requests from the indigent clinics to help them.

recess and reassembly

The Chairman called a recess at 12:02 p.m. until the 5:05 p.m. Budget Public Hearing.

5:05 BUDGET PUBLIC HEARING

PRESENTATION OF MILLAGE RATES

Ms. Allison Teslia, Director for the Office of Management and Budget, said that the purpose of the current meeting was to adopt the final millage rates and the final budget for Fiscal Year (FY) 2022, noting that she would present the proposed millage rates over the rollback rates, and then the FY 2022 final budget. She elaborated that she would then turn it over to the Chairman to open the public hearing, and following this, they would have three actions which were to adopt the FY 2022 final millage resolutions, adopt the changes to the tentative budget, and then adopt the final budget for FY 2022. She remarked that Chapters 129 and 200 of the Florida Statutes outlined the procedures for the annual adoption of tax rates and budgets, and required that she identify the proposed millage rates for FY 2022 as well as any adjustments that the Board would consider. She began presenting the proposed FY 2022 millage rates and said that the proposed Lake County General Fund Countywide Millage was 5.0529 mills, which was an increase of 0.0202 mills from the FY 2021 rate, and was a 4.5 percent increase over the rollback rate of 4.8351 mills. She related that the proposed FY 2022 Lake County Ambulance and Emergency Medical Services (EMS) municipal service taxing unit (MSTU) millage was 0.4629 mills, which was equal to the FY 2021 rate and a 4.09 percent increase over the rollback tax rate of 0.4447 mills. She stated that the proposed FY 2022 Lake County Stormwater, Parks and Roads MSTU millage was 0.4957 mills, noting that this was equal to the FY 2021 rate and a 4.58 percent increase over the rollback tax rate of 0.4740 mills. She commented that the proposed FY 2022 Lake County Fire Rescue MSTU millage was 0.5138 mills which was an increase of 0.0434 mills over the FY 2021 rate and an 18.77 percent increase over the rollback tax rate of 0.4326 mills. She indicated that the proposed FY 2022 Lake County Public Lands-Voted Debt Service millage, which did not figure into the rollback calculations as it was approved by a referendum, was 0.0918 mills which was 0.0182 mills less than the FY 2021 rate. She added that based on the calculation by the Florida Department of Revenue on the DR-420 Certification of Taxable Value form, the current year proposed aggregate rate of 6.5253 mills was 5.48 percent over the rollback rate of 6.1864 mills. She then showed a comparison of the FY 2021 rates to the proposed FY 2022 rates, and she said that the Lake County General Fund Countywide Millage was increasing by 0.4 percent, that the Lake County Ambulance and EMS MSTU and the Lake County Stormwater, Parks and Roads MSTU millage rates had no changes from FY 2021, that the Lake County Fire Rescue MSTU millage rate was increasing by 9.23 percent, and that the Lake County Public Lands-Voted Debt Service millage rate was decreasing by 16.55 percent.

PRESENTATION OF FINAL BUDGET

Ms. Teslia said that with the proposed final budget, as presented, the General Fund millage would be 5.0529 mills, which was used to estimate the ad valorem revenue and was offset by a reduction to debt service millage; furthermore, they reallocated $2.8 million from the General Fund towards road resurfacing, which was about 2.11 percent of the ad valorem revenue. She said that this included a $12 minimum wage and wage adjustments to address compression, that it included the approved project list for the Infrastructure Sales Tax, that it fully funded Judicial Support, the Constitutional Offices and the County departments, and that it reflected a General Fund reserve total of $22.26 million or 14.43 percent of the operating budget. She then showed a breakdown of the allocation of additional funding for road resurfacing from the General Fund, adding that since the first public hearing, the Lake County Clerk of the Circuit Court and Comptroller had identified $70,000 in additional excess fees which the County would receive in FY 2021 and was incorporated in the schedule of budget changes. She noted that funding for FDOH and LifeStream Behavioral Center was being reallocated for the next three years to ARPA, and that it would be allocated back to the General Fund once the ARPA funding expired. She said that with the $2.82 million identified from the General Fund, and the $1.13 million from the Infrastructure Sales Tax, the total additional funding for road resurfacing was approximately $3.95 million for FY 2022. She then showed a breakdown of the personnel requests included in the FY 2022 budget, commenting that the total was 14 positions which included a part-time position that was added for the Office of Animal Services, along with the extension of two limited term probation officers.

public hearing

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.

MILLAGE RESOLUTIONS

Commr. Campione clarified that for the Fire Rescue MSTU, the increase was related to the County assuming responsibilities in the Cities of Fruitland Park and Mascotte.

Ms. Barker added that Town of Montverde would also be included in the following year, and that it was also increased slightly because the County had a reduction in the fire assessment due to their increase in ALS services provided which could not be funded with the fire assessment. She commented that it was reduced by about $12 for a residential property, and that they increased the MSTU to maintain the same level of service.

Commr. Smith relayed his understanding that the Board also decreased the millage rate for the public lands-voted debt to help offset this.

Commr. Campione explained that on the General Fund side, the Board offset the small increase in the millage from the previous year to the current year by reducing the public lands-voted debt millage rate, noting that the Board had reduced this more than they had increased the General Fund millage rate. She explained that for the Fire Rescue MSTU, they were adding more territories and they had more ALS calls to address in the unincorporated area which could not be covered by the fire assessment.

Ms. Barker said that typically, the fire assessment was a lower percentage increase than the General Fund millage or the public lands-voted debt millage because the fire assessment was only in the unincorporated area; therefore, when the fire assessment increase was higher than the countywide millage, there was generally a substantial change to the service area.

Commr. Parks pointed out that raising one millage rate and lowering another was neutral. He thought that the County did a good job in making the roads a priority, as well as working with staff and Constitutional Officers to start committing funding toward roads. He added that the Board was making this commitment, that they were showing restraint in other parts of the budget, and that staff continued to develop efficiencies.

Commr. Campione remarked that as the Board stopped using ARPA funds, they would need to be cognizant in the following two years of using General Fund funding incrementally so that they could be prepared once they were no longer able to use ARPA funds for other needs.

Commr. Smith praised staff and said that they had done much that was not reflected in this budget by utilizing public/private partnerships and cost savings of several hundred thousand dollars per year. He added that they also increased the reserves by 40 percent.

Commr. Campione mentioned increasing the reserves to be able to absorb any unexpected items in the future, and she said that the County was dealing with the referendum which the State had passed regarding the minimum wage. She elaborated that the County was trying to incrementally incorporate this into their wages, noting that it was a significant cost. She also mentioned that it was more challenging to get services, materials and goods, and that demand was outpacing supply, noting that this applied to government as well. She thanked staff and everyone who had looked for ways to essentially keep the millage the same as in the previous year, with the modifications to the public lands-voted debt millage rate. She also thanked the Constitutional Officers for helping find additional funds for roads.

Commr. Parks thanked the Constitutional Officers and staff, noting that there was a good spirit of teamwork to get the best value for the dollar, knowing that they had to provide services which helped protect property values and helped them grow economically.

On a motion by Commr. Smith, seconded by Commr. Shields and carried by a vote of 4-1, the Board approved the following items: Lake County Countywide Final Millage Rate Resolution 2021-136 of 5.0529 mills; Lake County Municipal Services Taxing Unit for Ambulance and Emergency Medical Services Final Millage Rate Resolution 2021-135 of 0.4629 mills; Lake County Municipal Services Taxing Unit for Stormwater Management, Parks and Roads Final Millage Rate Resolution 2021-138 of 0.4957 mills; Lake County Municipal Services Taxing Unit for Fire Rescue Services Final Millage Rate Resolution 2021-137 of 0.5138 mills; and Lake County Voter Approved Debt Service Final Millage Rate Resolution 2021-139 of 0.0918 mills.

Commr. Blake voted no.

CHANGES TO FY 2022 TENTATIVE BUDGET

Ms. Teslia said that since the approval of the tentative budget on September 14, 2021, there had been the following changes: updated fund balance and revenue projections; re-budgeting for capital projects which would not be completed at FY 2021 year end; updated purchase order (PO) carryforward estimates; and other miscellaneous changes and adjustments. She said that the requested action was approval of the changes to the FY 2022 tentative budget totaling $15,753,035.

On a motion by Commr. Campione, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved the changes to the FY 2022 tentative budget totaling $15,753,035.

Commr. Blake voted no.

FINAL BUDGET

Ms. Teslia read the requested action to adopt the final budget Resolution 2021-134 for the FY 2022 budget totaling $600,955,967.

On a motion by Commr. Campione, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved Resolution 2021-134 for the Fiscal Year 2022 Final Budget totaling $600,955,967.

Commr. Blake voted no.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:23 p.m.

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Sean PARKS, chairman

ATTEST:

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GARY J COONEY, CLERK