A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

January 11, 2022

The Lake County Board of County Commissioners met in regular session on Tuesday, January 11, 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, 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; Mary Burns, Accounting Director; and Josh Pearson, Deputy Clerk.

INVOCATION and pledge

Commr. Parks welcomed everyone to the meeting and noted that the meeting was in-person and was being streamed live; additionally, individuals could participate virtually. He said that the invocation would be given by Pastor Tony McCoy, with Hope International Church in the City of Groveland, and that the Pledge of Allegiance would be led by Mr. Jay Vaughn, a County staff member and veteran. He explained that Mr. Vaughn was a Chief Licensing Investigator in the County’s Office of Building Services, and that he served as active duty in the United States (U.S.) Army from 1986 through 1991 as a Communications Specialist. He elaborated that during the 1998 Olympics, Mr. Vaughn was stationed in South Korea, and in 1990 he was deployed to Panama for Operation Promote Liberty. He commented that in 1991, Mr. Vaughn entered the Florida Army National Guard and served there until 1995, and that throughout his career with the Army, he earned the U.S. Army Superior Unit Award, the Army Commendation Medal and several other Army Achievement Awards. He thanked Mr. Vaughn for his service.

Pastor McCoy gave the Invocation and Mr. Vaughn led the Pledge of Allegiance.

virtual meeting instructions

Mr. Aaron Chaddick, with 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 each Board member after the meeting was concluded.

Commr. Parks relayed that Commissioner Smith was participating online; therefore, he would be unable to vote.

Agenda update

Ms. Jennifer Barker, Interim County Manager, said that Tab 17 was updated with additional information in the background summary, and that Tab 19 was added as an addendum since the agenda was first published.

employee awards

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

Carmen Carroll, Financial Coordinator

Office of Building Services

Jana Quash, Veterans Court Manager

Circuit Judges

TEN YEARS

Eric Hutson, Firefighter/Paramedic

Office of Fire Rescue

FIFTEEN YEARS

Barney Gentry, Equipment Operator I

Public Works Department

Gregory Holcomb, Office of Public Safety Support Director

Office of Public Safety Support

Paul Long, Senior Graphics Designer

Office of Communications

TWENTY YEARS

Sharon McParland, Office Associate III

Fairgrounds & Events

Sherry Scheller, Library Assistant I

Office of Library Services

TWENTY-FIVE YEARS

Catherine Catasus, Laboratory Supervisor

Public Works Department

QUARTERLY AWARDS

EMPLOYEE OF THE QUARTER

Jim Dowling, Senior GIS Analyst

Information Technology Department

Ms. Nelson said that Mr. Dowling was nominated for his work in assisting with the recent completion of the Lake County redistricting project, noting that this was performed every 10 years to reflect current U.S. census data. She added that Mr. Dowling played an integral role in completing the mapping and redrawing of the Lake County districts, and that working with Lake County leaders and executive staff, his expertise and understanding of Lake County’s geographic boundaries, public infrastructure and local communities greatly aided in the timely completion of this project.

SUPERVISOR OF THE QUARTER

Joanna Buchanan, Quality Assurance Training Officer

Office of Public Safety Support

Ms. Nelson commented that over the previous quarter, Ms. Buchanan successfully completed the reaccreditation process for emergency fire dispatch through the International Academies of Emergency Dispatch, and that this demonstrated that Lake County emergency dispatch was committed to provide the highest quality and service standards to the county. She added that throughout the reaccreditation process, Ms. Buchanan continued to mentor and support new and existing team members, and that her positive attitude and dedication to her team were appreciated.

T.E.A.M. OF THE QUARTER

FLEET & LOGISTICS INVENTORY TEAM

Office of Public Safety Support

Pat Stephens, Logistics Support Manager

Arnett Comegys, EMS Mechanical Supervisor

Diane Back, Procurement Associate

Tim Baker, Logistics Supervisor

Ms. Nelson remarked that during this quarter, the team transitioned to a new inventory tracking system, and that they worked together to strategize, coordinate and implement this system while creating improvements. She stated that this effort resulted in a successful and efficient transition to a new inventory tracking platform, and that the technical expertise and coordination demonstrated by this team was appreciated; furthermore, the results of this achievement would be a benefit to Lake County for years to come.

ANNUAL AWARDS

ANNUAL EXCELLENCE IN SERVICE AWARD

Chuck Rossi, Service Desk Administrator

Information Technology Department

Ms. Nelson commented that Mr. Rossi was continually going above and beyond in serving his department and County staff, noting that he was usually working behind the scenes when completing software and security updates, or assisting employees with technical issues. She said that Mr. Rossi spearheaded a project to update nearly 100 IT servers to the newest operating system, and that this was vital to ensuring the security and efficiency of County operations; additionally, he communicated and coordinated with departments and staff to ensure that these updates were completed successfully. She commented that he was highly responsible, professional and dedicated to providing excellent customer service, and that he was much deserving of this award.

ANNUAL PROCESS IMPROVEMENT AWARD

EVERYDAY IS CATURDAY TEAM

Office of Animal Services

Dr. Christopher Taylor, Veterinarian

Melisa Moss, Animal Care Technician

Diane Hagan, Veterinary Technician

Tia Waryas, Veterinary Technician II

Ms. Nelson said that the Lake County Animal Shelter’s Operation Community Caturday program promoted and educated the community in the best practices of community cat management, noting that this team reimagined and relaunched the program earlier in the current year with the goal of serving more residents. She remarked that as a result, the shelter had been able to sterilize and vaccinate 726 cats since the relaunch of the program, and that it had created a substantial increase in service of the community; furthermore, the team also designed and authorized an educational training component called “Caturday School.” She expressed appreciation for the creative and proactive efforts demonstrated by this team, and the process improvement that this had created for the Office of Animal Services and the County.

commissioner’s boards and committees updATE

Commr. Parks said that this was the opportunity for the Board to report on meetings they had in the previous month, he mentioned that there were a number of committees that individuals could participate in. He added that individuals could visit the Lake County website and see which committees had seats available, noting that there were currently committees where they needed individuals from the community to serve.

Commr. Shields said that he had an Elder Affairs Coordinating Council meeting and that the speaker was Ms. Cheryl Hernandez, with Clermont Home Care, relaying that she had cited that there was an 86 percent increase in one’s life expectancy if they could stay in their own home versus going into an assisted living facility (ALF).

Commr. Smith reported that he had attended the Tavares Public Library expansion ribbon cutting, noting that it was well attended and that the Office of Library Services staff and the Library Advisory Board were in attendance.

Commr. Parks said that Central Florida Expressway Authority (CFX) Board did not meet in the previous month, but that there would be a future meeting. He remarked that there would be more road projects around the City of Orlando/Central Florida area beltway, and that they would also be addressing the Brightline alignment again in spring or early summer 2022.

Commr. Campione stated that she represented the Board at a reception for the Orlando Economic Partnership (OEP), and that several Commissioners attended a viewing of the Dr. Mary McLeod Bethune statue which was unveiled in the City of Daytona Beach. She also mentioned that on the following day, she would have a Wekiva Wild and Scenic River Advisory Committee meeting.

Commr. Parks pointed out that there would be a unique replica of the Dr. Mary McLeod Bethune statue coming to Lake County in the future. He thanked Mr. Ray Powers, with the Lake County Historical Society, for showing him an authentic document from a letter that Dr. Bethune wrote pleading the case of the Groveland Four.

Commr. Campione then mentioned that she had attended an Astatula Town Council meeting and that they had voted to annex a property of about 90 acres. She relayed that she had a letter prepared in advance of the meeting explaining the concerns about the rural protection area (RPA) which was not far from this property. She thought that the Town wanted to have influence over itself, but that there could be an opportunity for the County to partner with them to consider how they could blend the land uses and make them appropriate for the surrounding community. She remarked that they had central water but not sewer, and this could possibly open an opportunity to discuss the Onsyte system which could be their primary sewer system; however, she opined that there would have to be a trade off on the densities, lot sizes and location of the higher density projects. She thought that there was a good opportunity to consider a joint planning area (JPA) with the Town, and that the Town seemed to be receptive to the idea of working with the County. She said that the Town would be hearing the next part of this item when it came back from the State for a Comprehensive Plan (Comp Plan) amendment.

Commr. Parks believed that he would be having a phone call with the Mayor of Astatula in the following week, noting that the Town would be in attendance at the Board of County Commissioners (BCC) meeting with the municipalities on February 7, 2022.

Commr. Campione opined that Mr. Randall Arendt’s conservation design made sense in the transitional and rural areas, noting that it was a different scenario in an urban area where people expected to see smaller lots and higher densities.

Commr. Blake said that there was a Careersource Central Florida Consortium meeting a few weeks prior, and noted that the December 2021 Children’s Services Council meeting had been cancelled. He also mentioned that on the current afternoon, there would be a Public Safety Coordinating Council meeting.

arpa update

Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, presented an update on the American Rescue Plan Act (ARPA). He recalled that on December 7, 2021, the Board approved allocations to the displayed categories and project list, and he indicated that the only change to the project list was that the Lincoln Park Workforce Training Program was added under Lake Technical College (Lake Tech) Transportation Training and Innovation Center, which reduced the amount for the building to $3.5 million; however, the total allocation did not change. He said that for the requested Lake County Tax Collector City of Leesburg office building, $2 million was allocated under the revenue replacement category and was now available; furthermore, this now resulted in an increase in the unallocated revenue replacement amount of $3,003,907. He commented that the first new request was from LifeStream Behavioral Center for facility improvements, noting that included were all of the individual projects comprising the request. He elaborated that the projects were broken down by eligibility, which were listed along with the totals. He then relayed that the subtotal of the eligible LifeStream projects was $423,875 of the $3 million requested. He stated that the second new request was from the circuit judges for courtroom technology upgrades, noting that the request was to upgrade 14 courtrooms at approximately $203,000 each, for a total of $2,845,000, to help reduce congregate/in-person settings and any backlogs caused by old equipment failure. He said that for the summary of eligible requests, there was $3 million available under the revenue replacement category; however, this amount would not fund both requests. He asked the Board for their direction on how to proceed with these funding requests, noting that staff’s recommendation was to provide partial funding for the eligible projects to LifeStream Behavioral Center or the circuit judges under revenue replacement.

Commr. Parks asked for more explanation on the technology upgrades for the circuit judges.

Ms. Barker replied that they were looking to upgrade the older portion of the courthouse, noting that the technology was from 2005 and that it was causing issues; additionally, they phased construction of the newer judicial center, and the plans were put in place for the audio/video (A/V) system but were not installed until four years later, and they were currently about 12 years old. She also mentioned that they were having issues with Zoom Webinar streaming for their virtual hearings.

Commr. Parks inquired that if the request was not funded in the current year, could it potentially be coming in the following year, and would it have to come from the General Fund.

Ms. Barker confirmed this and said that they would have to address this need. She added that if it could not be funded through the ARPA funding, they were requesting that the County include it with their budget request for the following year, which would be coming out of the General Fund. She added that there was a potential to add it to the Infrastructure Sales Tax project list in August 2022 for consideration, and they indicated that they could phase the project and address several courtrooms per year, noting that a total of 14 courtrooms needed to be upgraded. She relayed that if the Board did this, then the circuit judges asked that it be fully completed in three years.

Commr. Campione thought that the Board would have to fund this one way or the other, and her impression was that it impacted the public significantly. She mentioned that the court system had worked hard to keep things moving during the coronavirus disease 2019 (COVID-19), but it had been challenging and many items had been delayed which impacted businesses. She opined that it seemed like a valid and timely use of ARPA funds. She then inquired to what extent was the County involved in the bidding process, and if they were feeling comfortable that these were the best numbers they could get.

Ms. Barker replied that the County would be very involved with it and that the circuit judges would work through the County’s Office of Procurement Services and Office of Management and Budget, noting that the circuit judges’ technology team were employees of the County.

Commr. Campione asked if this number could technically be reduced, and Ms. Barker confirmed this based on what the final bids were. She said that this indicated a maximum number based on the information they currently had.

Commr. Campione opined that instead of phasing it, with technology it seemed that it could be better to complete it all at the same time so that everything was consistent.

Commr. Smith inquired that if this was a maximum number, could the Board hold off on a decision for LifeStream Behavioral Center until they knew the real number, noting that they could possibly give LifeStream full funding if the number was lower.

Commr. Parks said that the Board did not have to make a decision on LifeStream at the current meeting.

Ms. Barker explained that of the $3 million that LifeStream requested, the County believed that three projects were eligible for a total of about $423,000.

Commr. Blake stated that the amount they were short was almost the same amount as the air handler replacement, commenting that the County could possibly give them the funding for the ionization system and the protective enclosures, and hold off on the air handler to see how the finances played out for the circuit judges.

Commr. Smith indicated that he was amicable with this, stating that once the bids came in for the circuit judges, they could make the decision at that time.

Commr. Campione asked if LifeStream intended to go through with other items that were ineligible for their request to the County.

Ms. Barker relayed her understanding that they did not, and she believed that these were items that had not been identified in the past through budget requests made to the County.

Commr. Parks added that the U.S. Department of Treasury had sent the County a document with some of their interpretations, and that staff was vetting it thoroughly.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Shields and carried by a vote of 4-0, the Board approved the minutes for the BCC meeting of September 1, 2021 (Special Meeting) as presented.

citizen question and comment period

Ms. Kim Cronin, a resident on Dewey Robbins Road, commented that the City of Leesburg had approved several annexations for developments in her area. She commented that it was a rural protection area (RPA), and she questioned what else would be approved. She opined that the Hodges Reserve development did not belong on Dewey Robbins Road, and she would have hoped to have more say in the Whispering Hills development. She opined that the Hodges Reserve development did not make any major changes to accommodate residents, and she asked the Board to help her and her neighbors’ families.

Ms. Deborah Shelley, a resident of Lake County, thanked the Board for the two letters that went to the City of Leesburg regarding the two projects recently annexed into the city and located in the RPA. She expressed concerns for municipal overdevelopment in a County designated RPA, and relayed her understanding that the RPAs were supposed to provide some measure of protection for certain rural areas. She asked who was responsible for accountability when projects did not meet the statutory requirements, and she indicated concerns for setting in place the process that would affect other RPAs. She asked the Board to consider following the law and buying some time that they could leverage for more meaningful project revisions that were based in conservation design and that were more consistent with the RPA and the existing community. She opined that residents should be afforded the same protections as any other land use with regards to compatibility with new adjacent land uses. She asked the Board to consider following up with the concerns in their letters, and to exercise their authority for accountability.

Mr. Ken Cook, a resident of the Town of Howey-in-the-Hills, thanked Commissioner Campione for her participation at City of Leesburg meetings. He said that he lived on 40 acres in the middle of the Whispering Hills project, and he expressed concerns for the number of years that he would be hearing construction nearby. He opined that the RPA had been affected by the City of Leesburg, and he was unsure why it could not be upheld. He indicated concerns for representatives of the Hodges Reserve development requesting to go back to their original request of 40 and 50 foot lots, rather than 50 and 60 foot lots, noting that planning staff had advised 50 and 60 foot lots. He asked the Board to protect the RPA.

Dr. Ron Robinson, a resident of Lake County, opined that it was right to uphold the laws and rules. He opined that Dewey Robbins Road was rural and needed to be protected, and he expressed concerns for increased traffic potentially causing accidents for bicyclists.

Commr. Campione noted that the Board took this to heart, commenting that if the application was in front of the Board and they chose to ignore the RPA, then what the residents had said would be accurate and the County would not be upholding its law; however, the RPA was a County regulation that the City of Leesburg was not bound by. She said that if the County could convince Cities to enter into an agreement with the County in various places where they had RPAs, and if the Cities voluntarily imposed those rules on themselves, then they would have an obligation to uphold the RPA. She noted that the County did not have jurisdiction to force the Cities to abide by their rule, and this was where Commissioner Parks was trying to go with a meeting with the Cities. She added that they could hopefully make some progress in convincing the Cities to enter into an agreement with the County in the RPAs and impose those rules or a variation on themselves to give some level of protection to rural unincorporated residents. She commented that the City of Leesburg made a decision to urbanize an area under the Florida Statutes using the annexation laws.

Ms. Jackie Mizak, a resident on Turkey Acres Lane speaking via Zoom Webinar, said that she was adjacent to the Hodges Reserve property. She expressed concerns that the RPAs were at risk for development and for Cities annexing these areas and propagating high density neighborhoods. She urged the Board to consider a vote to go back to their original plan to formally object to at least Hodges Reserve, opining that the development did nothing to work with the surrounding residents or create transitions to the surrounding rural areas. She also indicated concerns for a dangerous situation on Dewey Robbins Road, and for there not being existing infrastructure to support this development.

Commr. Parks said that the County had to be smart and careful because objections could possibly not lead them down a successful path, and could potentially bring them further apart from the Cities for trying to come up with agreements, JPAs and the education and advocacy of how things could be done differently in Lake County. He opined that regarding cyclists being killed, this could happen because a driver was not paying attention or a cyclist made an error; furthermore, this was not something that the Board would be directly responsible for. He mentioned the meeting with the Cities on February 7, 2022, noting that it was important to encourage the Cities to participate in this. He commented that he would provide the invitation on that day to take some concrete steps in coming up with JPAs, noting that there was an advocacy component as well with the Mr. Randall Arendt concept or better planning concepts for transportation.

Commr. Campione hoped that showing other ways to do things could carry some weight. She then asked if the County could have some maps with the RPAs.

Commr. Parks said that they could have this, and they could let Ms. Barker know if there were any other graphics they wanted.

Commr. Shields asked if the County had any recourse regarding the City placing more traffic on a County road than it was designed for.

Commr. Parks stated that the County had previously told Cities that a road could not accommodate traffic, but opined that there were some statutes that would have to change and that despite objections, the Cities annexed the areas that included the County’s roads.

Commr. Campione opined that if they had different classifications on roads, they ran the risk of being sued under the Bert J. Harris, Jr., Private Property Rights Protection Act if they changed what a road could be used for or who could use the road. She said that the County could just ask that the City take these items into consideration.

Commr. Parks mentioned that the challenge for the Board was to pay attention to when something was being annexed within their districts.

Ms. Melanie Marsh, County Attorney, explained that there was a bill in the current legislative session that, if passed, would enable a business to sue the County for damages if it could show that an ordinance that this Board or a local government passed impacted their profits or revenue by 15 percent or more. She added that there was no language in the bill which required the business owner to show a direct connection, noting that with COVID-19, there could be a multitude of reasons why a business lost profits; however, all the business had to do was say that the County passed an ordinance and that their profit was reduced, and they could sue the County.

Commr. Campione mentioned that talking to people inside the cities was important to encourage them to engage with their elected officials to possibly rethink how they were looking at growth and where they should place their densities, versus holding back and not having the high densities. She added that the Board could also reach out to the business community and keep these discussions going so that there could possibly be a different mindset to how Cities looked at these applications.

Commr. Parks said that he attended meetings for the Cities of Clermont and Minneola, along with the Town of Montverde, noting that they could sometimes get a feel for an item such as an application.

Commr. Campione mentioned the possibility of some unincorporated residents potentially trying to align with some incorporated residents and forming advocacy groups for better growth management decisions. She said that when making a good land use decision by choosing not change a land use, or by approving something less than what was being asked for, typically they would not be sued for this because it was within their realm of authority if they were following the Comp Plan and the Land Development Regulations (LDR); however placing a blanket rule could be challenging.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, 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 as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

City of Eustis Ordinances

Notice is hereby provided of having received the following items from the City of Eustis: Annexation Ordinance 21-34, corresponding Future Land Use Ordinance 21-35, and corresponding Design District Designation Ordinance 21-36; Annexation Ordinance 21-37, corresponding Future Land Use Ordinance 21-38, and corresponding Design District Designation Ordinance 21-39.

Lake County District School Board Items

Notice is hereby provided of having received the Report 2022-059 – Lake County District School Board Comprehensive Annual Financial Report and Federal Single Audit.

St. Johns River Water Management District Governing Board 2022 Meeting Schedule

Notice is hereby provided of having received the St. Johns River Water Management District Governing Board’s 2022 meeting schedule.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 13, with the addition of Tab 19, as follows:

COUNTY ATTORNEY

Recommend approval regarding the following County-owned properties:

1. Award bid to the highest bidder for purchasing Alternate Keys 3499832 and 3499859.

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

The total fiscal impact is $750.00 (revenue). Commission District 5.

Recommend approval for a waiver of conflict for Gray Robinson regarding its representation of property owners in potential eminent domain discussions or actions related to the Lake Wekiva Trail, Segment 2. There is no fiscal impact.

ADMINISTRATIVE SERVICES

Management and Budget

Recommend approval of an interlocal Agreement with the City of Minneola for disbursement of American Rescue Plan Act funds for the purposes of assisting the City with implementing three (3) drinking water service line extensions and one (1) stormwater project to improve lake water quality.

The fiscal impact is $3,430,736 (revenue/expenditure - 100 percent grant funded).

AGENCY FOR ECONOMIC PROSPERITY

Recommend approval of the sponsorship agreements with THE Spring Games, LLC to provide up to $80,000 for the 2022 THE Spring Games NCAA Division III events and $10,000 for the 2022 THE Spring Games NCAA Division I events to be held at multiple softball venues across Lake County.

The fiscal impact is not to exceed $90,000 (expenditure - Tourist Development Tax funding) and is within, and will not exceed, the Fiscal Year 2022 Budget. Commission Districts 2 and 3.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval to purchase one Pierce aerial ladder truck from Ten-8 Fire Equipment (Sanford, FL) for Lake County Fire Rescue, and to authorize the Director of Procurement Services to execute all implementing documentation. The fiscal impact is $849,580 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 budget. Commission District 5.

Public Safety Support

Recommend approval of the Second Amendment to the Lease Agreement with Plaza Truck & RV Center for Lake County Public Safety Support Logistics and Fleet Facility located at 2345 U.S. Highway 27, Leesburg. The fiscal impact is $91,789.08 (expenditure) in Fiscal Year 2023 and $94,542.72 (expenditure) in Fiscal Year 2024, both of which will be included in the respective Fiscal Year Budget. Commission District 3.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval:

1. Of Contract 22-405 for as-needed electrical services to Base 3, LLC (Ocala, FL), Greenway Electrical Services, LLC dba Gibson Electric (Apopka, FL), Joe Ciceri Public Service, Inc d/b/a Electrical Works (Leesburg, FL) and Prime Electric, L.L.C. (Leesburg, FL); and

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

The estimated fiscal impact is $236,000 (expenditure) and is within, and will not exceed, the fiscal year budget.

Public Works

Recommend adoption of Resolution 2022-2 to reduce the speed limit from 40 MPH to 35 MPH on Mt Homer Road from US 441 to David Walker Drive and on S. Mt Homer Road from Dora Avenue to US 441 in the cities of Tavares and Eustis.

The fiscal impact is estimated at $400 (expenditure -for sign materials) and is within, and will not exceed, the Fiscal Year 2022 Budget. Commission Districts 3, 4.

Recommend approval to accept the final plat for Las Colinas Phase II-A Partial Replat and all areas dedicated to the public as shown on the Las Colinas Phase II-A Partial Replat, located near Howey-In-The-Hills.

The fiscal impact is $1,551 (revenue - final plat application fee). Commission District 3.

Recommend adoption of Resolution 2022-5 for "No Parking on Right of Way" signs on Lakeshore Drive and Hull Road in the Clermont area. The fiscal impact is estimated at $500 (expenditure - sign materials). Commission District 1.

Transit Services

Recommend:

1. Approval to apply to the Florida Department of Transportation under the Section 5310 Operating Grant Program for Fiscal Year 2023.

2. Adoption of Supporting Resolution 2022-3 authorizing Signing and Submission of Grant Application and Supporting Documents and Assurances to the Florida Department of Transportation.

3. Approval to accept and implement the grant if awarded.

The fiscal impact is $442,670 (revenue/expenditure - $221,335 grant funded and $221,335 in County funding) and will be included in the Fiscal Year 2023 Budget.

Recommend:

1. Approval to apply for the Florida Department of Transportation Section 5311 Capital Grant for Fiscal Year 2023.

2. Adoption of Supporting Resolution 2022-4 authorizing Signing and Submission of Grant Application and Supporting Documents and Assurances to the Florida Department of Transportation.

3. Approval to accept and implement the grant, if awarded.

4. Approval of the procurement of vehicles under the State’s bid list through the Transit Research Inspection Procurement Services (TRIPS) Program or through the State of New Mexico Department of Transportation contract (Agreement #: 00-00000-20-00087) with Creative Bus Sales for the procurement of low floor paratransit buses.

5. Approval of the procurement of buses through the Second Amendment of the Contract (RFP# P-18-005) between Jacksonville Transportation Authority and Gillig, LLC.

The fiscal impact is estimated at $1,552,773 (revenue/expenditure - $1,242,217 in grant funding, and $155,278 in-kind Toll Revenue Credit, and $155,278 in County funding), and will be included in the Fiscal Year 2023 Budget.

recess and reassembly

The Chairman called a recess at 10:14 a.m. for eight minutes.

ordinance codifying procedure for local state of emergency

Ms. Barker presented information regarding emergency management powers and procedures, noting that the Board had requested that staff review their current policy and procedure, and make revisions. She recalled that Mr. Tommy Carpenter, Public Safety Director, had presented this item to the Board a few months prior, and that staff had updated a few things and were bringing it back for the Board’s consideration of the ordinance. She stated that the purpose of the presentation was to provide a review of a draft ordinance for declaring a Local State of Emergency (LSE) and set forth the delegation of powers to the BCC once a declaration had been issued. She explained that Lake County Resolution 1992-178 was ratified by the Board of County Commissioners on September 15, 1992 and that it outlined the following line of succession of authority for the County: Chairman; Vice-Chairman; remaining Commissioners in descending order by district in the remaining three districts; and County Manager. She elaborated that the resolution also authorized all emergency management functions and powers including the following: expending funds and making contracts; obtaining and distributing needed resources for management of the emergency; providing for the health and safety of persons and property and assistance to victims; implementing emergency plans and programs as provided by Federal and State agencies; and appointing, employing, removing, or providing, with or without compensation, coordinators, rescue teams, and fire, police and emergency management personnel. She stated that the new ordinance would create Article VIII, Chapter 2 of the Lake County Code titled, “Emergency Powers and Procedures,” and that this was created to outline the process to declare a LSE and delegate powers to the Board; additionally, it would also outline and authorize all emergency management functions and powers. She remarked that the line of succession for declaring a LSE was Chairman, Vice-Chairman, and the Commissioner that had served for the longest continual period, with precedence given between Commissioners with equal terms of service to that Commissioner whose surname begins with the earlier letter in the alphabet. She commented that in the event the Chairman and Vice-Chairman were incapacitated or unavailable to perform any duties, and all other Commissioners were unavailable, the line of succession would be as follows: County Manager; Deputy County Manager; Assistant County Manager with longest service; Assistant County Manager with the next longest service; and County Attorney, who shall serve until the Board can meet and appoint an Interim County Manager. She said that the declaration of an LSE had the following two definitions: Governor declared state of emergency, which was declared by the Governor of the State of Florida pursuant to Section 252.36, Florida Statutes; and a Local State of Emergency, which was any occurrence or threat of a natural, biological, technological or man-made, which results in substantial injury, damage or harm to the population of Lake County. She added that the declaration of a LSE could be for weather-related events, such as a hurricane or tornado, and the response would be seven days; additionally, when necessary, a declared LSE may be extended by emergency order in seven day increments. She mentioned that for non-weather-related events, the initial duration of any declared LSE other than a weather-related event automatically expired seven days after issuance, but may be extended by a majority vote of the BCC, as necessary, in seven day increments for a total duration of not more than 42 days as set forth in Section 252.38(4), Florida Statutes. She relayed that for an amendment or a rescission of an LSE, this may be altered or rescinded either by the issuance of a subsequent emergency order or by a majority vote of the BCC. She stated that some of the emergency management powers would include the following: evacuation; authority to impose restrictions; curfews; exemptions to Emergency Orders; spending authority; delegation of authority; content of emergency orders; publishing of emergency orders; and penalty. She said that upon a declaration of an LSE, and upon approval by the Board Chairman, the Emergency Management Director had the power and authority to issue an emergency order to direct and compel evacuation of all or part of the population from the stricken or threatened area within the County if the Director deemed this action as necessary for the preservation of life or other emergency mitigation, response or recovery. She added that during a declared LSE, the Chairman would also have the power and authority to impose by emergency order any or all of the following restrictions, unless preempted by federal or state law, regulation, rule, or executive order: prohibit or regulate any demonstration, parade, march, vigil or participation therein from taking place on any public right-of-way or upon any public property; prohibit or regulate the sale or use of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances altogether, except by delivery into a tank properly affixed to an operable vehicle; prohibit any persons, firms, or corporations from using the fresh water supplied by the County for any purpose other than cooking, drinking, or bathing; prohibit the public from conducting any open burning including any campfires, bonfires, trash burning and any other similar open incineration without a burning authorization issued by the Florida Department of Agriculture and Consumer Services, Florida Forest Service, while this prohibition was in effect; prohibit or regulate the use of any waterway including establishing “no wake” zones as necessary to protect adjacent persons or property; prohibit or regulate the participation in, or carrying of any business activity, or prohibit or regulate the keeping open of places of business, places of entertainment, and any other place of public assembly to the extent necessary to address the public emergency; prohibit or regulate travel upon any public street or highway, noting that persons in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves, or their families, or some member thereof may be exempted or excepted from such prohibition or regulation, and that an emergency order issued for this purpose shall allow persons to travel to their places of employment to report for work and to return to their residences after their work has concluded, pursuant to Section 252.46, Florida Statutes; impose any other restriction reasonably necessary for the protection of the health, safety and welfare of the people and property of Lake County, resulting from any declared Local State of Emergency under this Chapter, provided the restriction was not covered by an exception to the specific restrictions set forth above, and provided the restriction was not prohibited by Federal or State law. She then stated that curfew orders would be issued by the BCC at a duly advertised meeting to the extent practicable, and that curfew orders should be tailored to the smallest geographic area possible, should be limited in duration and time, and shall comply with Section 252.46, Florida Statutes. She elaborated that if it was not possible to call a meeting of the BCC, especially if the emergency is a weather-related event, the Chairman shall have the authority to issue a curfew order, provided that the order shall be reviewed by the Board as soon as a meeting can be called and duly advertised. She commented that an emergency order may exempt, from all or part of any restrictions, the following: physicians, nurses and ambulance operators performing medical services; on-duty military personnel; bona fide members of the news media; personnel of public utilities maintaining essential public services; County authorized and requested fire and rescue and emergency medical services personnel, and law enforcement officers and personnel; and such other classes of persons as may be essential to the preservation of public order or necessary to serve safety, health and welfare needs of the people within Lake County. She remarked that for spending authority, the Chairman shall have all powers and authority to enter into contracts or incur obligations not already procured by the County through the normal procurement process in an amount not to exceed $100,000 without the approval of the Board, and that any obligations exceeding this amount would require the full approval of the Board at an advertised meeting. She added that the Chairman shall provide a copy of the contract, or evidence of the obligation within 72 hours of execution. She relayed that the Chairman may delegate some or all of the following powers to the County Manager or the Emergency Management Director; obtaining or distributing equipment/resources; employing or providing public safety personnel as needed; assigning and making available County resources; and entering into contracts or incurring obligations not to exceed $75,000, noting that within 72 hours of incurring an obligation, a copy of the contract would be provided to the Board. She said that for any emergency order issued in response to a non-weather-related emergency, the emergency order must be narrowly tailored to serve a compelling public health or safety purpose, and any such emergency order must be limited in duration, applicability, and scope to reduce any infringement on individual rights or liberties to the greatest extent possible. She relayed that all emergency orders issued under this article must indicate the nature of the emergency, the threatened area or areas of the County and the conditions creating the disaster or threat, and that the content of these orders must be promptly disseminated to the public. She indicated that Section 252.46(2), Florida Statutes, required emergency orders are published as follows: must be filed with the Clerk of Courts within three days of issuance; must be concurrently posted on a dedicated webpage through a conspicuous link on the County’s homepage; and as soon as possible, must be delivered to print and electronic news media and all appropriate public safety and government officials. She said that in accordance with Section 125.69, Florida Statutes, any person who violates any provision of an emergency order issued pursuant to this article may be punished, either by imprisonment for a term not to exceed 60 days, a fine not to exceed $500, or by both. She concluded that the requested action was to approve to advertise an ordinance that codified Lake County’s procedure for declaring a local state of emergency, and setting forth the delegation of powers once a declaration was issued.

Commr. Blake asked if the penalty had to be this way, or if it could just be a $500 fine and not up to 60 days in prison.

Ms. Marsh replied that it was statutory.

Commr. Campione inquired about the business closure provision, and she did not think that the County had any requirements for anything to be closed during the COVID-19 pandemic. She said that she was not inclined to be amicable with this, and the only way she could possibly be more comfortable with it was if there was a limited time, such as 24 hours, or otherwise it would have to go to the BCC. She noted that this was something that the Chairman could do unilaterally under a state of emergency.

Ms. Marsh confirmed that the Chairman could do this, but that this would likely come into play if they had a situation with riots, recalling that there was recently a threat that people were going to convene at a certain location; however, the Board could remove this item.

Commr. Campione noted that the curfew came into play with the threatened riots, and that she had done this, noting that it was limited in scope and for this particular purpose. She did not think that closing a business would have come into play unless they expected riots and asked everyone to shut down.

Ms. Marsh thought that their curfew could accomplish the same thing, noting that it would allow people to travel for work.

Commr. Blake agreed and thought that they should remove the provision for business closures. He then relayed that business owners had expressed concerns about not knowing if they could protect their business, and he indicated a concern that if a curfew was put in place, a criminal mind could think that no one would be protecting their businesses.

Commr. Campione mentioned that the language for curfew gave an exemption for traveling to work, and she asked about traveling to one’s place of business.

Ms. Barker clarified that it read “An Emergency Order issued for this purpose shall allow persons to travel to their places of employment to report for work and to return to their residences after.”

Commr. Campione said that it seemed that one should be able to travel to any property that they owned.

Ms. Marsh stated that staff could make this change.

Commr. Blake opined that one issue in jurisdictions across the country during the previous two years was that gun shops were shut down during the rioting as part of their states of emergency. He asked if this was in the resolution or if it was in a discussion that the Board had about resolution drafts of other locations.

Ms. Marsh thought that it was related to drafts from other places.

Commr. Parks said that in the State of Florida, the Board could not do anything with guns and that it was a State issue. He asked if Commissioner Blake wanted to make it possible in a curfew to protect one’s business.

Commr. Campione clarified that one could travel to any property that they owned. She then recalled that for a non-weather event, the LSE would expire in seven days but could be extended by a majority vote as necessary in seven day increments. She asked what would happen if the BCC could not meet and if there could be a way to address this type of scenario where they could leave the LSE intact.

Ms. Marsh explained that a non-weather event LSE was seven days and then it had to be extended by the Board, noting that this was statutory. She added that for weather related events, the Board could continue to have the Chairman approve seven day extensions.

Commr. Campione inquired if any provision had been made for remote meetings.

Ms. Marsh denied this and relayed that non-weather related event LSEs were limited to 42 days.

Ms. Barker commented that there could possibly be an executive order from the Florida Governor to override this.

Commr. Campione asked that if the Chairman put in place a curfew that the rest of the Board were not amicable with, how could they convene to override that decision.

Ms. Marsh replied that it would be an emergency meeting and that it would be advertised. She said that if a Chairman refused to call a meeting, staff could make a provision that it would not necessarily have to be the Chairman, and that three Board members could request a special meeting.

Commr. Shields proposed curfew language for someone to be able to travel to property they owned or leased, noting that many businesses did not own the property.

Commr. Campione asked about adding property that one managed.

Commr. Parks inquired about advertising, noting that the BCC needed the ability to have an emergency meeting.

Ms. Marsh commented that the preference was at least 48 hours, but the County could provide information through every avenue available and advertise it as an emergency meeting. She added that the statute did not include any hours.

Commr. Campione mentioned that in the past when curfews had come up, the County relied on the Lake County Sheriff to help make that determination.

Commr. Parks added that the County’s Public Safety Director could also help with this.

Ms. Marsh stated that she had the following changes: delete the subsection F, which discussed closing businesses; change the curfew order to allow travel to any property the person owned, leased or managed; and add the ability for at least three BCC members to call a special meeting if the Chairman was unavailable or would not call the meeting. She said that the Board could approve the ordinance for advertising and that it could be brought back at the next BCC meeting.

Commr. Smith noted that Commissioners could not contact each other due to the Sunshine Law, and he asked if it would be better that if Ms. Marsh received one request for an emergency meeting, to then reach out to each other Commissioner to see if they concurred.

Ms. Marsh replied that she could not poll the Commissioners, and that it would make more sense for it to be at the request of one Commissioner.

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved to advertise a proposed Ordinance codifying a procedure for declaring a Local State of Emergency and setting forth the delegation of powers to provide for Emergency Management Powers and Procedures, with the following changes: delete the subsection F, which discussed closing businesses; change the curfew order to allow travel to any property the person owned, leased or managed; and adding the ability for a BCC member to call a special meeting if the Chairman was unavailable or would not call the meeting.

public hearing: ordinance 2022-4 accessory dwelling units

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 10.01.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ACCESSORY DWELLING UNITS; AMENDING SECTION 7.00.04, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PERMITTED USES IN THE WEKIVA RIVER PROTECTION AREA; INCREASING SQUARE FOOTAGE LIMITATIONS; ADDRESSING DESIGN CRITERIA FOR ACCESSORY DWELLING UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

Ms. Marsh summarized that this ordinance would allow accessory dwelling units (ADUs) to contain up to 70 percent of the enclosed living area for the principal structure, would allow ADUs on an acre or greater to be a different architectural style than the principal dwelling unit, and would allow ADUs to be less than the 23 feet, four inches at the narrowest point, noting that this was a requirement for any structure size for mobile homes and single family structures. She added that the ordinance would also allow ADUs to have a different roof style than a primary residence and would eliminate the conflicting ADU criteria within the Wekiva River Protection Area.

Commr. Campione asked if there could be any issue with the State.

Mr. Tim McClendon, Director for the Office of Planning and Zoning, stated that staff checked with the State and that the County would be removing antiquated code for the Wekiva River Protection Area; additionally, this was also a result of many Board of Adjustment (BOA) variance cases, noting that the County had multiple requests for these provisions. He concluded that it was a cleanup and would help streamline the ADUs that they were seeing.

Commr. Campione said that it addressed the affordable housing component as well, so that individuals could have family members residing in detached ADUs.

Commr. Parks noted that the provision for waiving the architectural requirement if the property was one acre or more was generally for the rural areas.

Ms. Marsh added that the typical subdivision would have a homeowners association (HOA) with architectural design standards.

Commr. Campione recalled that people would create a breezeway to say that an ADU was attached.

Ms. Marsh said that this came into play when the Board was discussing impact fees, but about a year prior, the Board approved a deferral for ADUs until they sold the property; therefore, the County did not have this same issue as in years prior.

Commr. Campione noted that one would still owe fees but could defer them, and that they would be based upon the County’s impact fee study. She asked if they had a lower amount based upon a certain sized unit.

Ms. Barker clarified that the County had not adopted those rates yet, and that the transportation impact fee study update was forthcoming, noting that this would be brought back for consideration by the Board once it was complete.

Ms. Marsh relayed her understanding that when the County adopted that waiver provision, they included language that if they adopted a new rate, the individual would receive the benefit of that new rate.

Ms. Barker thought that 800 square feet was the threshold for tiny homes.

Mr. McClendon relayed that the larger issue seen with ADUs was the school impact fee still being assessed.

Commr. Campione asked if the County had spoken to the School Board about this.

Ms. Marsh confirmed that she had talked to them, and that the School Board’s study did not include a smaller ADU type of category, which was a reason why the County included it in their study.

Commr. Campione inquired if this would address the school impact fee portion if the School Board was not on board with the County for this.

Ms. Barker stated that it was in the County’s study, but was at the School Board’s current adopted rates. She thought that the School Board had proposed what the rate would be based on the square footage threshold, and the County would have to negotiate this; however, the County ultimately adopted the ordinance for those rates.

Commr. Blake recalled that the Board had discussed this with tiny homes, and statistically it was not having this impact in other locations.

Commr. Parks indicated his understanding that when encouraging attainable housing with tiny homes, ADUs and regular homes, the impact fee was an issue.

Commr. Blake said that the studies in Seattle, Washington indicated that these tended to be starter situations or empty nesters, opining that individuals with children who were impacting the school system generally would not be in that scenario.

Commr. Campione said that it would be nice if they could get to a point where the School Board was amicable with it, and then give a reduced rate so that ADUs could be promoted as an affordable option that could allow people to help take care of their parents.

Commr. Blake added that they would also be providing a chance for individuals to have something in their income, and Commr. Campione pointed out that it was still on the tax roll.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved Ordinance 2022-4 amending Lake County Code, Appendix E, Land Development Regulations, to revise the criteria pertaining to Accessory Dwelling Units.

public hearing: ordinance 2022-5 affordable housing ADVISORY committee

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 11-37, LAKE COUNTY CODE, ENTITLED AFFORDABLE HOUSING ADVISORY COMMITTEE; REMOVING THE REQUIREMENT THAT APPOINTMENTS BE MADE BY RESOLUTION; 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 explained that this would just be a cleanup provision and that the Board would still address the appointments by a motion and vote, but they would not need a resolution.

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. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved Ordinance 2022-5 amending Section 11-37, Lake County Code, entitled Affordable Housing Advisory Committee, to remove the requirement that appointments to the committee be made by resolution.

regular agenda

real estate purchase agreements

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, presented Tab 17. He stated that this study of CR 455 began in 2018 with the project development and environment (PD&E), and that in early 2020 staff gave some recommendations to the BCC regarding some different alignments. He recalled that staff also came back and discussed this in late 2020, and that the current item regarded the Flat Lake Road intersection. He explained that this project went from near Heritage Hills on Hartwood Marsh Road, south to Schofield Road, and that it was divided into segments A, C and B. He showed an image of the north section where just northeast of the Titan America mine was the Flat Lake Road intersection where the County would have a proposed roundabout as part of this project. He said that the initial recommendation was shown on the left where they tried to avoid the house structures; however, staff had worked with residents and developed the roundabout shown on the right, which was approved by the Board. He explained that staff designed it so that it went more into the Titan America property, and that they moved some of the stormwater ponds onto these three parcels. He stated that the County wanted to look at the advance purchase of these three roughly five acre lots, noting that the appraisals were from $657,000 to $771,000 and that all three of the properties together was about a $2.2 million request. He remarked that the County had agreements that were signed by these three individuals indicating that they were willing to sell and move out. He pointed out that the CR 455 project was on the list of priority projects (LOPP) and the Lake-Sumter Metropolitan Planning Organization (MPO) approved list, but was not currently on the five year funded program, noting that the entire project could be 10 years out. He said that this was an advance purchase for convenience for these people so that they could plan their lives and keep moving. He also added that the $2.2 million would possibly delay other projects slightly in the south impact fee district area. He requested approval of the real estate purchase agreements, contingent on a simultaneous closing for all three, and to authorize the Chairman to execute any necessary documents.

Commr. Parks commented that transportation was expensive, and that this was why planning was important. He opined that this item was unavoidable, recalling that the Board had made a commitment and that himself, Commissioner Campione and Commissioner Blake were on the BCC at that time. He said that this was a commitment to the property owners, and that he had a concern about a potential delay to other south impact fee district projects.

Mr. Earhart believed that it could possibly be a one year delay where they would shift items around, and that it was not a significant impact.

Commr. Campione mentioned that it was important for people not to have to live with the fact that they were unsure when and if the project was going to go through, noting that this would this would allow them to continue their lives, and she thought that it was important for the Board to follow through with it. She asked when the project would start.

Mr. Earhart replied that it was not currently in the five year funded work program, and that it could be five or ten years out.

Commr. Campione inquired what the County could use the structures for and if they could possibly be used for rapid rehousing purposes.

Ms. Marsh said that staff would have to evaluate this and that the current approval did not take the County to closing, noting that staff would have to do their due diligence. She added that if the County closed on it, then the Board could consider it for rapid rehousing or other affordable housing purposes, noting that the County would be sitting in the capacity of a landlord.

Commr. Campione opined that it could make sense and could be used for the right clients that needed housing for a limited period of time. She added that there could possibly be rent coming in as part of a rapid housing project that they could use to help fund other affordable housing projects.

Commr. Shields added that the County could also lease to someone who was in the business; however, there was not a bus route there.

Mr. Earhart mentioned that they were approximately 2,500 square foot dwellings.

Commr. Smith mentioned that he was not on the BCC during the initial discussion, and asked why the Board had not approved the recommended design and instead had approved the proposed design which would cost $2.2 million extra. He also relayed his understanding that if this was approved, the County would not have to purchase the properties immediately if this was a 10 year project. He inquired that if the project was five years later, could the County purchase the properties in five years when the market could possibly be less than what it was currently.

Commr. Parks explained that the alignment was chosen to minimize the impact, and that the community had chosen it, noting that there had been many meetings with the neighborhood. He said that the BCC had understood their concerns that this would be an issue for a number of years until the County could build the road, and they were concerned that they may not be able to sell their property; additionally, the residents viewed this as a restriction. He stated that the BCC had committed to move forward with them and try to acquire the properties sooner than later.

Commr. Campione added that these were the most impacted homes, and that the idea was that the residents were going to have to live in a place where they were unsure if they would be able to sell, noting that they would also have to disclose this project each time they tried to sell. She said that the residents had asked if the County could go ahead and buy their property.

Mr. Earhart mentioned that the southwestern resident had wanted to stay no matter what, and that this alignment was to avoid their lot.

Commr Campione thought that at this point, the Board had to trust that staff explored the different possibilities and that this was the best that everyone could come up with.

The Chairman opened the floor for public comment.

Mr. Robert Meijer, an affected resident speaking via Zoom Webinar, reiterated that this had been an ongoing process for over three years, and that the selection of the road was the preferred path by both the County and the community based on many meetings. He commented that it was meant to minimize the impact to the community, to use preexisting roads, and to relocate investments that would have been made on the west side of Hartwood Marsh Road, adding that retention ponds were now shifted to the alternate side. He mentioned that the residents were looking to be able to move forward with their lives, and he expressed appreciation for the County’s efforts. He asked for these pre-acquisitions to be approved, opining that it was a solid business case for the community, the County and the City of Clermont.

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

On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 3-1, the Board approved the following items: Real Estate Purchase Agreements between Lake County and three different property owners (Mr. Robert and Ms. Pamela Meijer; Mr. Scott and Ms. Mary Waldrop; and Mr. Gary Logan) related to the CR455 Extension Project in the City of Clermont area, contingent upon a simultaneous closing on all three parcels, clear title, and proper due diligence; and authorization for the Chairman to execute any necessary documents.

Commr. Blake voted no.

reports

county attorney

cost for public records requests

Ms. Marsh noted that the minimum wage was moved to $12 per hour on October 1, 2021. She explained that historically with public records requests, the County had charged the fee for the lowest paid employee, which used to be $10 per hour; therefore, they were going to increase this to $12 per hour. She commented that the Board’s policy said that they were supposed to charge the hourly rate of whichever individual fulfilled the request, but from an administrative and a public service perspective, the County charged the lowest paid administrative rate. She explained that they typically invoiced individuals, and that if they were not happy with the rate, then they could modify the request or the County could work with them.

county manager

offices closed for martin luther king jr. day

Ms. Barker relayed that County Offices would be closed on the following Monday, January 17, 2022, in observance of Martin Luther King Jr. Day. She added that a press release was sent out to notify the public.

commissioners reports

commissioner shields – district 1

TOURIST DEVELOPMENT COUNCIL MEETING

Commr. Shields said that he had a Tourist Development Council (TDC) meeting on the previous day and that they had presentations from their general tourism marketing and their sports marketing. He added that staff also gave a great presentation, and that there were record revenues and economic impacts in the past year.

SOUTH LAKE CHAMBER OF COMMERCE MEETING

Commr. Shields remarked that he had spoken at a South Lake Chamber of Commerce public policy meeting on Zoom Webinar.

commissioner smith – vice chairman and district 3

THANKING COMMISSIONER CAMPIONE

Commr. Smith thanked Commissioner Campione for representing the BCC at a Town of Astatula meeting.

commissioner parks – Chairman and district 2

interim county manager annual leave accrual limit

Commr. Parks commented that Ms. Barker had served the County well, and that this was a necessary change with respect to what any county manager would receive.

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved to increase the Annual Leave Accrual Limit for Interim County Manager, Ms. Jennifer Barker.

RESOLUTION IN HONOR OF dR. MARTIN LUTHER KING JR.

Commr. Parks said that on the following Friday, he would be presenting a resolution in honor of Dr. Martin Luther King Jr. at the breakfast which was held each year in the City of Leesburg. He stated that he was honored to be part of this, and he thought that all of the Commissioners were encouraged to attend.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:31 a.m.

_________________________________

SEAN PARKS, chairman

ATTEST:

________________________________

GARY J COONEY, CLERK