A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

February 22, 2022

The Lake County Board of County Commissioners met in regular session on Tuesday, February 22, 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; Misty Spahn, Agenda Coordinator, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.

INVOCATION and pledge

Commr. Parks welcomed everyone to the meeting and thanked those attending in-person and participating virtually. He said that the invocation would be given by Pastor Jamison Elder, with the First Baptist Church of Umatilla, and that the Pledge of Allegiance would be led by a veteran who had served the country and the County. He stated that Mr. Justin Null was a Probation Officer in the Office of County Probation and had been with the County since November 2011, and that he had served as a Marine Science Technician with the United States (U.S.) Coast Guard Reserve between May 2008 and May 2016. He elaborated that Mr. Null had been responsible for responding to and overseeing the resolution of pollution incidents and for ensuring that port-side facilities complied with the Code of Federal Regulations through routine inspections. He commented that in 2010, Mr. Null mobilized to Forward Operating Base in Port Fourchon, Louisiana, in response to the Deepwater Horizon oil spill incident where he assisted with the supervision of oil and hazardous material cleanup. He mentioned that Mr. Null received an honorable discharge in 2016, and that his awards included a Commandant’s Letter of Commendation, the Coast Guard Meritorious Team Award, and the Coast Guard Special Operations Service Ribbon. He thanked Mr. Null for his service to the country and to Lake County.

Pastor Elder then gave the Invocation and Mr. Null led the Pledge of Allegiance.

virtual meeting instructions

Mr. Erikk Ross, Director for the Information Technology (IT) Department, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching though the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.

Agenda update

Ms. Jennifer Barker, Interim County Manager, requested that Tab 14 be pulled to the March 8, 2022 Board of County Commissioners (BCC) meeting in order to provide additional information. She mentioned that Tabs 20, 21, and 22 were added as addendums since the agenda was first published, and she requested that Tab 20 be presented prior to the American Rescue Plan Act (ARPA) update, adding that Tab 22 would be included with the consent agenda.

Update from Lake Sumter State College

Dr. Stanley Sidor, President of Lake Sumter State College (LSSC), introduced Dr. Heather Bigard, the Provost and Executive Vice President of LSSC, and indicated that she would start the presentation.

Dr. Bigard stated that this would be a brief overview of the college to inform the Board about the condition of the college and what had transpired over a period of time relative to the demographics and funding situation. She related that LSSC was one of 28 colleges in the Florida College System (FCS), and that they were ranked 23^rd in terms of their overall enrollment. She mentioned that out of 646,000 students enrolled statewide, 6,581 were enrolled in LSSC, noting that they were a small institution. She commented that most of students they served were from Lake County, and that they also served Sumter County, adding that students also attended from Orange, Marion, and Polk Counties because of reciprocal agreements with each of those districts. She remarked that the degree programs offered included two baccalaureate degrees, strategic leadership and nursing, and that they offered an Associate in Arts program, which was a general transfer to a baccalaureate program, and an Associate in Science, which also offered a transfer opportunity to a bachelor level program. She related that there were eight degrees within that category including Nursing, Electrical Distribution Technology, and Health Services Management, and that they offered 20 certificates and continued to develop those as needs arose. She related that LSSC produced nearly 1,000 degrees per year primarily in the Associate in Arts category, and that there were also many students who earned a Technical Certificate, an Associate in Science, Baccalaureate, and an Associate in Applied Science which was being phased out, adding that there were so many graduates that additional ceremonies were added. She mentioned that there were three campuses located in the Cities of Leesburg and Clermont and the Sumterville area, and that the majority of students preferred online enrollment, which started several years ago before the coronavirus 2019 (COVID-19) pandemic. She commented that most of the students were part-time, as was common for state colleges and community colleges, noting that many were working and had families, but that 40 percent of students attended full-time. She said that typical for most community colleges and higher education in general, more of their enrollment was female at 60 percent, and that their diversity was consistent to their overall demographics for Lake and Sumter Counties, which was mostly white with a growing African American population. She mentioned that the Latin and Hispanic population was growing significantly in south Lake County, and that they were looking at ways to expand and serve them more directly. She remarked that there was a large number of students that were of a traditional age of 18 to 21, and that the age of the rest went up to the 50s, noting that there was a large number of students 18 and under who were dual enrollment students taking college classes while still enrolled in high school. She commented that most of their students were returning students, with the next category being dual enrollment students, and that first time college students were in the minority. She stated that the college was funded mostly by State and local funding and some student tuition and fees, but that they had been under a tuition lock for 10 years, which was a governor’s mandate. She mentioned that costs had increased in the last 10 years, and that they also received funding from federal allocations, dual enrollment special programs, and the Health Sciences Collegiate Academy (HSCA), which was a special program they had with the County. She said that like most higher education institutions, almost 80 percent of their operating expense budget was for personnel, and that the rest went towards facilities and operating overhead expenses.

Dr. Sidor mentioned that the partnership with the Cooper Memorial Library had been very productive for the community and for the students, and he hoped to expand that partnership with other library locations to support students. He said that they had a good relationship with Lake Technical College (Lake Tech), and that they were working hard to articulate their students from Lake Tech programs to LSSC programs, especially in healthcare. He commented that they were on an aggressive path to double and possibly triple the size of their nursing program, and that it could only happen with a strong partnership with Lake Tech and by finding different ways in which the students could very quickly matriculate to LSSC. He remarked that they had other good partnerships and programs, and that their utility partners had been very supportive of the Sumter Center programs. He explained that they worked with all the major utility providers, and that they had a good partnership with Leesburg Electric. He mentioned that those partners provided funding for scholarships, equipment, and maintenance and support for some of their labs, and that they also received trucks and other donations. He said that in regards to the Consumer Price Index (CPI) loss against revenue, those partnerships covered a significant portion of that, and it allowed them to continue to expand and operate programs that they couldn’t afford to otherwise. He commented that they were working with Pinecrest Academy Lakes Charter School to open a charter school on the South Lake campus, and that the campus should service up to 2,400 students, adding that they planned to have students matriculate directly to LSSC. He mentioned that they were working with AdventHealth in starting a dedicated education unit, and that they would conduct a significant amount of their nursing education directly within the hospital where the students wanted to be. He confided that it was a cultural shift of the hospital and the college, but he hoped that they would be able to triple the size of their nursing program and provide learning opportunities and experience for the students that they could not gain anywhere else. He said that the advantages for the hospital included the students knowing the systems, personnel, policies, and practices, adding that they were also working with Orlando Health South Lake Hospital (OHSLH) and University of Florida (UF) Health. He mentioned that they eventually planned to include all the hospitals, but that they needed to find more students. He commented that they had recently received a $2 million grant from the Live Well Foundation of South Lake, Inc. which would provide additional healthcare programs and expand the dedicated education unit in south Lake. He remarked that Orlando Health had given significant funds to the HSCA with a $1 million donation that had helped them construct the building, and that Orlando Health had given significant time and effort supporting the student experiences over the last four years. He relayed that the HSCA would not be successful without Orlando Health’s initial support or OHSLH and their ongoing support of that program, and that the McLin Trust had donated to their healthcare and technical programs over the years. He said that these partnerships had been one way to address some of the shortfalls in funding, but that there were other challenges, which he wanted to discuss.

Dr. Bigard stated that the college was funded in terms of operational dollars from the legislature, but that they were also funded for maintenance and capital renovation, which came through a different appropriation. She showed a graph which illustrated what had happened to their capital funding, and said that they had lost much of their capital funding because of the loss of state revenue from a telephone tax that was no longer charged causing a significant decline in their sources of revenue to support their facilities. She commented that their partnerships for sustainability were important because they could not depend on operating funding, tuition, and fees to upkeep all three campuses and the facilities that were necessary there. She said that Operational Cost of New Facilities (OCNF) funding was received after building a facility, and that they had built a few buildings in the last decade, such as the Science Health building in the City of Clermont on the same campus as Cooper Memorial Library and a Science Health building on the campus in the City of Leesburg. She mentioned that there was some allocation of funds to support the overhead going forward, but the last year it was received was in 2013. She commented that they had not received any new funding for overhead costs, such as maintenance, chillers, and roofs, and that they currently received a very small allocation of funding. She remarked that they had taken funds from operating, such as personnel, facilities, and utilities, and that they had to shift that funding over to reserves in case of an emergency or to refresh their facilities. She showed on a graph that there was an inverse relationship between the CPI, which had increased 46.6 percent since 2003, and the appropriation for full-time equivalent (FTE), which had only increased by 22 percent. She noted that they were not able to keep up with inflation from a funding standpoint, which made it more important to continue to look locally for student recruitment and partnerships to help sustain operations as a college.

Dr. Sidor commented that this presentation was a way for them to inform the Board of the challenges they faced trying to start new programs, and that they had continued to develop partnerships, which had helped them sustain their costs. He mentioned that their biggest challenge was the gap between funding and the rate of inflation, and that they were borrowing funds meant for sustaining their facilities to start new programs and build new facilities, adding that they had been slowly starting programs by taking advantage of grant funding. He related that they had wanted to start a program for medical lab technicians two years before COVID-19, which they had deemed necessary for the community as there were no other programs for this in the region, but that there were no funds to start it. He stated that they had been working for four years to raise the funds to start the program, which would be available for the first time in the fall of the current year, with help from the McLin Trust and other foundations, adding that this exemplified many of their other programs. He said that he hoped that the presentation had provided the Board of an overview of the college and some of their challenges in starting programs, and that it would lead to discussions about the things that could be done together to improve the college and improve services to Lake and Sumter Counties. He thanked the Board for the opportunity to address these things and for the partnership they had over the years.

Commr. Parks expressed appreciation for conversations they had in the previous year, and said that there had been conversations with other Commissioners as well. He mentioned that this update articulated the challenges well, and that some of the challenges with economic development and prosperity in Lake County came from the need of workforce housing and workforce training and education. He reiterated that more money was required just to keep the college open because of less money coming from the State and because of inflation. He said that it would be challenging to help the college fund these new programs, but that the County could help find a way by working with the Cities and private industry.

Commr. Campione inquired if there was any way the State could give them more funding.

Dr. Sidor indicated that there was not, and mentioned that he had been in the City of Tallahassee on the previous week. He explained that the 28 presidents in the FCS were requesting $60 million in addition to operational or base funding, and that it was a 4.3 percent increase that would not even get them up to the CPI. He mentioned that the legislature could not increase their base funding, which was one of their larger challenges. He commented that the 28 presidents had been effective on policy but not on funding.

Commr. Campione asked if the other colleges were able to receive funding from their County Commissions, local governments, or private entities, such as non-profits.

Dr. Sidor replied that the way LSSC administered programs was similar to those across the state, noting that there were opportunities within private industry in the larger areas of the state for ongoing funding, but that it was not significant.

Commr. Campione mentioned that there were private organizations interested in partnering with the County for economic development, such as the Lake 100 and Lake Economic Area Development (LEAD), opining that they would benefit from hearing this presentation. She commented that workforce training was a critical part of economic development, and that the County could make them aware of the situation, adding that they might be in a position to contribute private funds.

Dr. Sidor commented that industrial development depended on facilities and workforce, and that companies made decisions based on the availability of skilled workforce.

Commr. Parks remarked that there were ongoing discussions with LEAD, and that it was important to continue to look for opportunities.

Dr. Sidor said that it was his intent to discuss options of what could be done together to increase funding to develop the workforce that was needed to support an increase in economic development.

Commr. Parks encouraged the Board to contact LSSC to continue those discussions.

Commr. Smith commented that there had been discussions with private organizations that wanted to help fund programs at LSSC, and that they would be contacting LSSC directly. He agreed that the workforce was a large economic driver, and that Lake County needed this to attract the companies, adding that LSSC, Lake Tech, and high schools were a part of that. He hoped that there could be some programs starting at the high school level, and he thanked them for what they were doing.

Commr. Parks asked if the Office of Elevate Lake was working with LSSC and how often they interacted.

Dr. Sidor replied that they had good interaction with the Office of Elevate Lake working together on economic development prospects and things that could be done to attract and retain new businesses.

Ms. Barker reminded the Board that Ms. Tracy Garcia, Interim Director of Economic Growth, had indicated in her presentation during the strategies workshop that workforce development was critical to the economic development and health of the County. She commented that the County took that partnership seriously and worked with Lake Tech and LSSC to address the needs of the business community locally.

ARPA UPDATE

Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, presented an update on the American Rescue Plan Act (ARPA) final rule. He recalled that in May 2021, the interim final rule (IFR) was published, and that it provided the eligible and ineligible uses of funds, adding that recipients and interested parties had until July 16, 2021 to submit questions and comments. He said that in January 2022, the final rule was published, and that any changes in the final rule would take effect on April 1, 2022, noting that until then, the IFR would remain in effect. He mentioned that there had been minor changes in premium pay for simplified reporting and calculations, and in infrastructure for slightly expanded, eligible projects. He remarked that minor changes in revenue replacement included a standard allowance of $10 million or continuing to calculate actual loss, and that staff recommended calculating actual loss. He commented that there would be major changes in public health, negative economic impacts, and services to disproportionally impacted communities. He said that the first step was to identify an impact or need and the severity of the impacts, and that the second step was to design a response or project that addressed the impact. He explained that the final rule presumed that certain populations were impacted and disproportionately impacted by the pandemic, and that these included individual households, small businesses, non-profits, and impacted industries. He mentioned that capital expenditures were an allowable expense in addition to programs and services which were previously allowable, noting that capital expenditures must be reasonably proportional and reasonably designed. He commented that a major change was the inclusion of capital expenditures under the categories of public health, negative economic impacts, and services to the disproportionately impacted communities. He explained that no written justification would be needed if the project was under $1 million, but if the project cost more than $1 million, a written justification could be required and included in the regular reporting. He stated that written justifications were required to include the following: a description of the harm or need to be addressed; an explanation of why a capital expenditure was appropriate; the comparison of the proposed capital project against at least two alternative capital expenditures; and a demonstration of why the proposed capital expenditure was superior. He stated that ineligible expenses included the following: new correctional facilities; new facilities to reduce spread of the COVID-19; and convention centers, stadiums, or other facilities intended for general economic development. He commented that the list of ineligible uses presented during the initial ARPA presentation in the previous year remained in place except for general infrastructure spending outside of water, sewer, broadband, and revenue loss. He mentioned that sports fields, parks, and trails were eligible only in disproportionately impacted communities, such as qualified census tracts (QCTs), if they met the new capital expenditures requirements on costs, and if they were reasonably proportional and designed. He stated that disproportionately impacted areas were measured by household income level for programs and by median household income in a community or geographic area for capital improvements or community-wide projects. He said that the County could use ARPA funding for local technical colleges or vocational schools only under the revenue replacement category. He displayed the updated project list from the first BCC meeting in January 2022, and he commented that the programs, services, and capital improvement projects on the current project list met final eligibility requirements, adding that the North Lake Trail would require a written justification due to cost and a reasonably proportional and designed test. He explained that the eligibility for affordable housing was expanded to include impacted residents who qualified for the National Housing Trust Fund (HTF) or Home Investment Partnerships Program (HOME) and disproportionately impacted residents, which included low-income households, homeless residents, and those who qualified for certain federal benefits, noting that the project did not need to be geographically bound. He mentioned that additional transportation and infrastructure grant opportunities would be available with the Infrastructure Investment and Jobs Act.

Commr. Parks said that there was more clarity with the definitions, opining that it was challenging to understand who qualified as being disproportionately impacted. He commented that the County could justify their projects as long as it was documented.

Commr. Campione inquired who was going to work on the North Lake Trail analysis.

Ms. Barker said that Mr. Beaudet could provide that justification, and that he would work closely with Mr. Bobby Bonilla, Director for the Office of Parks and Trails, and his organization to ensure that the County could submit that.

Commr. Campione asked if the County would have to go through the justification process for any other improvements, such as in a QCT.

Ms. Barker replied that it depended on the amount of the expenditure.

Commr. Campione suggested using those funds to provide a restroom facility at the Butler Street Boat Ramp, noting that water and sewer was available. She mentioned that it was already included in the County’s park program, and that it was in a QCT, opining that it could meet the requirements. She commented that it was the County’s most used boat ramp, and that the small businesses relied on the people that accessed this boat ramp, opining that it would be beneficial to those small businesses.

Commr. Parks opined that there was some flexibility to add those kinds of projects.

Ms. Barker said that if it qualified within a specific category, such as public health, then the County’s other projects could be reduced or eliminated, and that if it was under the revenue replacement category, funding that had been identified for projects could be adjusted.

Commr. Parks opined that it was a good idea, and that the County should review that project. He asked that the Board be provided with a spreadsheet as an update.

Ms. Barker commented that Mr. Beaudet could see if it would fit into one of the categories or if it would be a revenue replacement project, and then staff would report back to the Board.

Commr. Campione then suggested providing funds to non-profit organizations, such as Homes in Partnership, Inc. and Habitat for Humanity, to help with down payment assistance for residents in those income levels, opining that it would qualify. She commented that if the County could give assistance to those non-profit organizations to supplement State Housing Initiatives Partnership (SHIP) funded projects, it would have an immediate impact by helping residents acquire affordable housing.

Mr. Beaudet stated that under the impacted household portions, there was the HTF and the HOME program, and that residents in the disproportionately impacted category would qualify for housing if they also qualified for any of those federal programs.

Commr. Campione opined that it was more restrictive than SHIP categories, noting that for the Sanford/Orlando metropolitan area, the down payment assistance category was based on the median income of 30 percent to 140 percent of the area median income.

Ms. Maria Abdoulkarim, Office of Housing & Community Services, stated that it would be within those requirements, but that the HOME funding had a separate set of compliance measures that could be more restrictive.

Commr. Campione asked if the Habitat for Humanity and Homes in Partnership, Inc. projects would qualify, noting that they had many compliance measures.

Ms. Abdoulkarim commented that some of those programs competed against each other, and that the County would have to go with the most restrictive to use the federal funds.

Commr. Campione inquired if the waiting list for the County contained residents who could receive the down payment assistance if the funding was available.

Ms. Abdoulkarim explained that there was a waiting list, and that the County worked with Consumer Debt Counselors (CDC) to get residents on that list credit-ready to receive SHIP funding.

Commr. Campione mentioned that this could be a direct way to have an impact on affordable housing and to help qualified residents obtain housing.

Commr. Parks commented that the funding could come out of the allocation for affordable housing, which was $3 million, and that it could be for a pocket neighborhood project.

Commr. Campione remarked that the County had a request for proposal (RFP) that had received some responses.

Ms. Abdoulkarim said that staff was currently reviewing those.

Commr. Campione mentioned that someone would have to offer to build a pocket neighborhood, and that the RFP was broad enough to interest several entities, noting that the people who lived there would have to fall into certain categories.

Commr. Parks commented that the County could explore the Butler Street Boat Ramp question and the affordable housing line item under economic impacts to determine what could be done.

Ms. Barker recommended that the County could go through the RFP selection committee review process, and the selection committee could make a recommendation. She mentioned that the County could bring back the down payment assistance program as part of that discussion and discuss how to allocate the $3 million. She commented that the County could identify some additional funding or take away from something else on the project list.

Commr. Campione pointed out that non-profit organizations screened applicants ensuring that they were Lake County residents.

Minutes approval

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the minutes of the BCC Meetings of October 5, 2021 (Special Meeting), October 5, 2021 (Regular Meeting) and October 12, 2021 (Regular Meeting) as presented.

citizen question and comment period

Ms. Cindy Newton, a resident of Lake County, mentioned that she was excited to have the Friends of Wekiva in the Wekiva Study Area, and that their presence provided an opportunity to support public education about the aquifer and its recharge area in Lake County and its importance to the Wekiva River Basin. She remarked that she would like to see the County continue talks with the City of Eustis regarding their first rural residential subdivision with the rural design standards for the Pine Meadows planned unit development (PUD), noting that they had obtained that property through an ISBA. She mentioned that it had 240 acres, which included 92 acres of wetlands and 134 acres in a flood plain, and that they had planned to build 133 houses in the flood plain with a total of 548 dwelling units. She commented that there were only 14 acres that were not in the flood plain or wetlands, and that there would be 142 townhomes and 273 detached single family homes within the area that was not in the flood plain or the wetlands. She opined that this would be the City’s standard for rural Lake County, and she encouraged the Board to look into this development.

Commr. Campione asked if the City of Eustis referred to it as a rural transition.

Ms. Newton replied that the City called it the rural residential subdivision with the rural site design standards, and that they used Mr. Randall Arendt’s four-step plan in presenting it.

Commr. Campione opined that it was good that they used that process.

Ms. Newton commented that there was a lot of open space, but that it was more out of necessity because the land was undevelopable. She opined that it was a better standard than what they had been using, except for the extreme density on the 14 acres, and she expressed concern about high rain events in that area.

Commr. Campione mentioned that it would give the County something to look as a rural residential standard, and that the Pine Meadows property was in close proximity to U.S. Highway 19 and County Road (CR) 44A, opining that it seemed more suburban than other areas.

Ms. Newton commented that it abutted the conservation area, and that they would be creating trails to the conservation area and back through the park that was out there.

Commr. Campione remarked that they had dedicated an easement to connect the neighborhood to Trout Lake, adding that this would give an idea of what those standards would provide.

Commr. Parks mentioned that there was nothing new to report about the City of Eustis meetings on the Thrill Hill area plan, and that he had an interest in their new standards, adding that he did not know when they would have another meeting with the County.

Ms. Barker commented that the County was waiting on a joint meeting date from the City of Eustis, and that she would communicate with their Interim City Manager to ensure that they were still willing to have that joint meeting.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 2, 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 Groveland Ordinance 2021-51

Notice is hereby provided of having received Ordinance 2021-51 adopting the City of Groveland’s CRA Budget Amendment for FY 2022 per Florida Statute 163.387(6).

COUNTY MANAGER’S CONSENT AGENDA

Commr. Parks recognized that Mr. John Drury, Tavares City Administrator, and Mr. Greg Nelson, a representative of the YMCA, were present for Tab 11.

Commr. Smith mentioned that the memorandum of understanding (MOU) was the beginning of the process of an agreement between Lake County, the City of Tavares, and the YMCA, and he opined that it would have a good impact for all of the Golden Triangle area.

Commr. Parks opined that this private/public partnership was a great idea.

Mr. Drury commented that the City of Tavares was happy with this and with Mr. Nelson’s participation, and he said that he looked forward to continuing the work with the Board to make this a reality.

Commr. Parks also thanked Mr. Drury for his comments at the February 7, 2022 joint meeting with the County and the Cities, and he mentioned that Mr. Drury continued to meet with the Commissioners to ensure that the countywide effort continued to move forward.

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 3 through 13, with the addition of Tab 22, as follows:

PROCLAMATIONS

Request approval of Proclamation 2022-7 designating the week of March 6-12, 2022 as Women in Construction Week, per Chairman Parks.

COUNTY ATTORNEY

Recommend approval:

1. Of the Employment Agreement between Lake County and Jennifer Barker as County Manager.

2. Of an amendment to the County Attorney Employment Agreement.

ADMINISTRATIVE SERVICES

Communications

Recommend approval:

1. Of Contract 21-0444 for Multi-Functional Devices (MFDs) and Managed Print Services to Sharp Electronics Corporation, LLC (Montvale, NJ); and

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

The estimated fiscal impact is $158,963.55 (expenditure) and is within, and will not exceed, the fiscal year budget.

Management and Budget

Recommend approval of an interlocal Agreement with Lake Technical College (Lake Tech) for disbursement of American Rescue Plan Act funds for the purposes of assisting the college with constructing the Lake Tech-Tavares Transportation Training and Innovation Center and providing funding for Workforce Training Programs.

The fiscal impact is $5,488,732 (revenue/expenditure- 100 percent grant funded).

Procurement Services

Recommend approval to declare items as surplus and grant authorization to remove them from the County's official fixed asset inventory records. The fiscal impact (revenue) cannot be determined at this time.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Planning and Zoning

Recommend approval to advertise an Ordinance amending Sections 7.00.04 and 10.01.05, Land Development Regulations, pertaining to home-based businesses. This amendment is necessary to comply with Section 559.955, Florida Statutes, which became effective July 1, 2021.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend retroactive approval to repair the Detention Center generator. The fiscal impact is $174,308.40 (expenditure).

Housing and Community Services

Recommend approval of the Second Amendment to Lake County Community Development Block Grant Program (CDBG) Sub-Recipient Contract with Forward Paths Foundation, Inc. There is no fiscal impact.

Library Services

Recommend:

1. Approval to accept ARPA grant funding of $20,359 on behalf of the City of Mount Dora, and execute the Interlocal Agreement.

2. Adoption of Unanticipated Revenue Resolution 2022-19 amending the Office of Library Services budget to receive these funds.

The fiscal impact is $20,359 (revenue/expenditure - 100 percent grant funded). Commission District 4.

Parks and Trails

Recommend approval of a Memorandum of Understanding between Lake County, the City of Tavares and the Central Florida YMCA, Inc. to pursue, negotiate, and develop a mutual agreement for the purchase, design and construction of the Golden Triangle Regional Park - East Campus.

There is no fiscal impact at this time. Commission District 3.

Public Works

Recommend approval to accept the final plat for Palms at Serenoa Phase 4 and all areas dedicated to the public as shown on the Palms at Serenoa Phase 4 final plat, located south of Clermont.

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

Recommend approval of Amendment to Contract 20-0906 (Phase II) with Metro Consulting Group, LLC (Orlando, FL) for Phase II engineering and design services for Hooks Street from the intersection of Hooks Street and Hancock Road west to County Road 455 and authorize the Office of Procurement Services to execute all supporting documentation. The fiscal impact is $1,050,660.63 (expenditure) and is within the Fiscal Year 2022 Budget. Commission District 2.

presentation by Office of Transit Services

Ms. Jill Brown, Director of Office of Transit Services, stated that she would be presenting an update on the County’s transit services and discussing the South Lake transit services. She said that there were seven current LakeXpress routes that were operated by 10 buses daily, and that the service operated Monday through Friday from 5:00 a.m. to approximately 8:00 p.m. She mentioned that fares were $1 each way, and that seniors, veterans, and disabled residents could ride for half of the fare, adding that students rode for free. She displayed a chart showing an overview of the ridership, and she commented that Lake County had experienced a five percent increase in annual ridership. She related that in fiscal year (FY) 2020 ridership numbers included six months of pre-COVID-19 numbers, and beginning in April 2020, the ridership dropped 50 percent due to business closures, school closures, and other factors. She stated that the FY 2021 numbers represented a full year of ridership affected by COVID-19, adding that they had temporarily suspended two blocks of services due to lack of drivers, which affected the ridership from mid-June 2021 through November 2021 when they returned back to full service. She mentioned that ridership was also affected by construction on U.S. Highway 441 in the Town of Lady Lake, which had 10 bus stops that were currently closed, and that there had been other bus stop closures along U.S. Highway 441 and U.S. Highway 27 in the City of Leesburg, noting that they had to close the bus stops for safety. She commented that low ridership was typical statewide, and that the Florida Public Transportation Association was working with other transit agencies to create a marketing plan to increase ridership. She mentioned that the buses were clean to ensure safety for the passengers and drivers, and that they were trying to get their ridership back. She said that the paratransit system, the Lake County Connection, was a door-to-door service for residents with disabilities and those who had no other means of transportation, and that residents had to fill out an application to qualify for this service. She related that fares ranged from $2 each way for in-county trips, $5 each way for trips to the City of Orlando, and $10 each way to go to the City of Gainesville. She remarked that this service operated Monday through Friday 5:00 a.m. to 8:00 p.m., and that there were limited services on Saturday for the dialysis centers. She noted that ridership for paratransit had also decreased, and that FY 2020 included six months of pre-COVID-19 trips. She stated that the FY 2021 numbers depicted a full year of low ridership, adding that since COVID-19, many residents had found other means to get services, such as grocery delivery, virtual visits with doctors, doing school virtually, and working virtually. She mentioned that they had recently begun group trips for programs, such as the Agency for Persons with Disabilities (APD), and the congregate meal site program, which started about two months ago, and that she expected ridership to increase within the next three months. She commented that their accomplishments included their ongoing COVID-19 response, such as additional cleaning and sanitizing and enforcing the federal mask mandate. She related that the mask mandate had been in effect since February 1, 2021 requiring all passengers and drivers to wear masks, and opined that this could also be affecting ridership; additionally, they had installed HEPA-2 filtration systems in all of the vehicles. She mentioned that the bus stop improvements for FY 2020 and 2021 included 10 bus shelters and 34 Americans with Disabilities Act (ADA) compliant bus pads, and that in FY 2022 there were 42 bus stop improvements planned. She commented that the goal was to make all the bus stops ADA accessible, and that funds were set aside from every federal grant for this construction project, noting that all improvements to the bus shelters and bus stops were 100 percent grant funded. She remarked that in the current year, they had implemented fare tickets for the Lake County Connection, which had previously required cash. She related that residents could purchase tickets ahead of time in books of 10 to 25 tickets, and that they could budget it and call to order tickets. She mentioned that this would limit the amount of cash the drivers had to handle, and that families of passengers who were not responsible with cash could purchase bus tickets ahead of time, adding that they hoped to make them for sale online soon. She commented that the transit development plan (TDP) was updated every five years, and that the last major update was in FY 2018. She stated that it would cover service improvements, new transit service, technology, capital, and infrastructure, and that the next major TDP update was due in FY 2023. She mentioned that they would bid for a consultant to help them with the public process, and that it would include many public meetings which could include the BCC. She related that the TDP included a 10-year financial implementation plan, and that in 2018 the recommendations included the Leesburg to Clermont Park and Ride service, express service, late night and weekend service, and extending services to Walmart in Marion County. She commented that these services were unfunded in 2018; therefore, they were not prioritized, but they would be reviewed again in the 2023 major update.

Ms. Brown said that a comprehensive operations analysis (COA) was recommended during the review of the TDP, and that the COA was performed in 2019. She explained that the purpose of the COA was to evaluate the overall performance of the Lake County transit programs, analyze individual routes, operating parameters, and funding opportunities, and identify options for modifying services and operations. She mentioned that the fixed route recommendations included bus stop consolidation, and that passenger data was used to determine actual bus stop utilization. She said that bus stops not being utilized had already been consolidated, and that since there was low ridership, she did not want to take away any other options for getting on the bus. She related that another recommendation from the COA was to review the LYNX contract annually to determine if the Route 55 could be provided in-house at a cost savings. She commented that the paratransit recommendations included increasing methods of payment, which had been done, and renegotiating service contracts with Mid Florida Community Services, Inc. and the APD, which paid $10 per trip. She mentioned that they were still in negotiations with them, but that they were State contracts and would not be for the actual cost per trip, opining that they should be able to raise it. She stated that there was a fare analysis done as part of another recommendation from the COA to analyze fares and transfer policies, and that there were funds for a fare analysis to be performed, which had been postponed due to COVID-19 and low ridership, that was planned for 2023. She said that they had received $200,000 in Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to conduct a bus transfer center improvement study, noting that it would review three transfer areas and assess if it would be feasible to build something with bathroom amenities, canopies, and bus pull-offs. She mentioned that the transit facility feasibility study was also funded through the CARES Act, and that it would review housing operations, administration, and maintenance in one facility. She commented that a facility could be built with federal funds in order to grow the system, noting that they were currently using diesel vehicles. She opined that they could qualify for electric vehicles, but that the infrastructure would have to be reviewed. She related that currently, the contractor leased property under contract; therefore, federal funds could not be used to build infrastructure on the property, and it should be built as close to operations as possible. She displayed charts that showed the funding received, and said that in FY 2022, 70 percent of funding was through CARES Act funds, 17 percent was from State funds, such as the Community Development Block Grant (CDBG), seven percent was from the General Fund, three percent was local funding, and three percent was farebox revenue. She mentioned that the FY 2023 budget showed an increase in the General Fund request because of the decreased use of CARES Act funds that were 100 percent and more funds that required matching funds, such as some grants. She pointed out that they still needed to use those grants within certain time frames, and that they would roll over to the following year. She stated that the Office of Transit Services General Fund transfer was utilized as a cash match for the federal and State grants where an in-kind match was not permissible, and that the following grants required local participation in the form of a cash match: the Public Transit Block Grant, which required a 50/50 match; the Florida Department of Transportation (FDOT) 5310 Operating Grant, which was new paratransit funding and required a 50/50 match; the FDOT 5310 Capital Grant, which required a 90/10 match and was used to purchase paratransit vehicles and maintenance equipment to work on those vehicles; the FDOT 5311 Operating Grant, which required a 50/50 match that paid for LYNX to provide the Route 55 service; and the FDOT 5311 Capital Grant, which required a 90/10 match. She commented that the preliminary forecast for the transit General Fund transfer required for 2023 was estimated at around $1.5 million; however, this estimate would be lower due to the additional ARPA funds of $1.5 million, which were 100 percent, adding that there were two block grants that were coming in from FDOT that were also 100 percent. She estimated that the paratransit trips would continue to increase, and that they would be required to utilize the FDOT 5310 funds, which would be coming out of the General Fund request.

Ms. Brown displayed a current map of their services, which showed a large gap between their north and south regions. She then displayed the Lake County section of the Route 55 service, which was provided by LYNX currently, noting that there were five bus stops in Lake County and five other bus stops in Polk, Orange, and Osceola Counties. She commented that their annual contract with LYNX was about $314,000, and that it increased annually based on increases in operational costs. She mentioned that LYNX provided services seven days a week during peak hours only, which were from 5:30 a.m. to 8:00 a.m. and 4:30 p.m. to 9:45 p.m., and the data indicated that LYNX had also suffered a decrease in ridership. She proposed that the County could operate the Lake County portion of Route 55 in-house Monday through Friday, providing the same service LYNX was providing currently, and then contract with LYNX for the weekend service. She explained that Lake County Route 55 would include the LYNX bus stop in Osceola County to allow passengers to transfer for free. She stated that based on the number of service hours for the weekend service, the estimated cost for the LYNX weekend service would be around $90,000. She mentioned that when they had spoken to LYNX, they had not been given a definite answer, but that they would reach out to them after the current meeting for formalized meetings regarding the agreement. She commented that the additional hours added to the LakeXpress service would increase contractor costs by approximately $161,000 per year, and that this estimate was based on the current hourly cost for transit services. She related that the contract with RATP Dev expired on September 30, 2022, and that they would send out for bids, noting that those costs could increase. She said that the recommendation to provide the Route 55 in-house was only if connectivity to the other LakeXpress routes was included, and that they wanted to connect Route 55 with the Cities of Groveland and Clermont, connecting Four Corners with the Clermont Park & Ride where the two 50 Routes met. She mentioned that there were approximately 31 miles between the two destinations, and that it would be an express commuter route with limited stops, operating the same hours as the Route 55. She commented that this would provide more options for residents commuting to work, school, or other services in the Cities of Clermont, Orlando, and the Four Corners area. She related that this service would operate during peak commuting times, and require one transit bus, adding that the annual expense would be $104,000 based on 1,280 annual revenue hours. She remarked that the cost to provide the Route 55 and the South Lake Xpress, was approximately $355,000 per year for both services. She then recommended that they fully connect the transit services in Lake County by adding an express service on U.S. Highway 27 from the Clermont Park & Ride to the Citizens Transfer Center in the City of Leesburg, which was a recommendation from the 2018 TDP, and that it would run Monday through Friday from 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m. as an hourly service. She mentioned that because there were 48 miles between them, it would require two buses, and that it would cost about $269,000 annually; however, this service would connect the north and south regions allowing passengers to travel throughout Lake County. She then showed a map of all the Lake County routes and proposed routes, noting that it connected all of Lake County. She then showed a map of the regional connectivity, which included the LYNX routes that met in the Zellwood area and the City of Winter Garden, and said that this would provide additional connectivity on U.S. Highway 192 providing connectivity for public transportation passengers to travel throughout Lake County and to Orlando. She reiterated that there was $1.5 million in ARPA funds from the Federal Transit Administration (FTA), which was a regular part of the grant process, and mentioned that Route 55 was currently funded through the FTA 5311 rural funds, which currently included the Four Corners area. She stated that the proposed South Lake Xpress and the proposed 27 Xpress costs would be funded with ARPA funds, and she proposed that it could be a two year pilot project, adding that if the ridership continued, they could absorb those costs into the regular operating costs, which came from FTA 5307 ARPA funds. She reiterated that these costs were based off of current contractor rates with RATP Dev and could go up, noting that rising fuel costs were affecting all operational costs.

Commr. Shields expressed his appreciation for the presentation.

Commr. Campione commented that the ARPA funding and the CARES Act funding made a pilot possible, opining that this was the best time to try it and see if the ridership showed it to be beneficial.

Commr. Blake inquired what the estimated ridership was for the additional routes.

Ms. Brown replied that the ridership numbers from LYNX was 26,000 trips per year, but that it was currently half that because of COVID-19. She opined that once new services were implemented and advertised, the ridership would increase.

Commr. Blake asked if the riders complained about the mask mandate.

Ms. Brown commented that the riders did not complain, but she opined that it may be a reason why many residents were not riding the bus, adding that they would review that issue in March 2022.

Commr. Blake inquired if 10 bus stops in the Town of Lady Lake had been discontinued because of construction.

Ms. Brown indicated that this was correct, and related that the southbound bus stops were closed because they were working on those lanes. She mentioned that construction was moving to the northbound lanes, and that they had recently closed a couple more bus stops. She commented that they had received complaints about the bus stop in front of Home Depot being closed, because it was a high ridership bus stop.

Commr. Blake asked how riders adjusted to that.

Ms. Brown replied that passengers would have to walk further because the bus stops were barricaded, and that they could not even pull over.

Commr. Blake commented that the construction had been very disruptive in the Town of Lady Lake area because of the many retail and commercial businesses there, and he expressed concern about the traffic in that area.

Ms. Brown mentioned that some passengers had to cross the street during construction to get to the bus.

Commr. Shields inquired about the timeline for the north/south routes.

Ms. Brown commented that there would be meetings with LYNX to work out details about providing just the weekend service, and that it would have to go through their Board. She said that if those discussions went well, they could start the Route 55 and the express service from the Four Corners area to the Clermont Park & Ride in October 2022. She related that they would have to purchase two additional buses to provide the express service from the City of Leesburg to the Clermont Park & Ride, and that it would not be available until October 1, 2023.

Commr. Shields asked that the service from the Four Corners area to the Clermont Park & Ride be made available first because of the interest in that area.

Commr. Parks opined that the new routes would be heavily used, and he hoped that the employees used flexibility and good judgement to enforce the mask mandate, opining it could discourage others from using the bus.

Ms. Brown commented that the contractor indicated that they trained their employees on how to handle situations that could arise; however, buses were required to pull over until passengers put their masks back on.

Commr. Blake asked if it was a general mask requirement, such as a face covering, and Ms. Brown indicated that was correct.

Commr. Parks mentioned that when federal grants were used for services, the County had to comply with the mandate, opining that the employees could be sympathetic and understanding without breaking the mandate. He remarked that he would like to see promotions and private advertising to help increase revenue, adding that it had been done two years ago, and that he would like to see more to help offset costs.

Ms. Brown commented that they were still doing that, noting that the buses were covered with Orlando Health, Humana, and attorney advertisements. She mentioned that they were trying to promote more advertising on the paratransit vehicles, and that Vector Media LLC, their advertising contractor, had reached out to some medical offices for advertising opportunities.

Commr. Parks remarked that it would be helpful to correlate bus stops with development in the Wellness Way area, opining that developers could contribute to those services.

Ms. Barker suggested that when the new routes were ready, the Commissioners could ride the routes, and that the County would advertise it on social media to help market them.

Commr. Shields commented that he would be happy to take that first ride to the Four Corners area.

recess and reassembly

The Chairman called a recess at 10:34 a.m. for five minutes.

public hearing: Resolution 2022-20 vacating right of way

Mr. Fred Schneider, Assistant County Manager, presented Tab 16, which was a public hearing for vacation petition #1265. He explained that the owner was Mr. Srinivasa Vanga, and that the property was located in the City of Fruitland Park area. He showed on a property map that the road to be vacated was off of South Grays Airport Road, and he mentioned that the property was platted in 2007. He said that there was a bond on it currently because the infrastructure was not completed, and the request was to vacate the public interest in order to create a private gate road into a private subdivision. He commented it would only change the road from public to private, and that staff recommended approval.

Commr. Campione inquired if the vacation petition was because of the bond and the incomplete road.

Mr. Schneider mentioned that the applicants were online, and that they could answer that question.

Commr. Parks asked why staff supported this, and how the County would ensure the standards of the road.

Mr. Schneider said that the road would be privately maintained by the homeowners association (HOA).

Commr. Parks mentioned that sometimes residents complained about private roads not being maintained, opining that it could happen here.

Commr. Blake commented that he received more complaints about public roads than private roads.

Commr. Smith opined that the developer wanted to make it a private road to make a gated community, noting that a public road could not be gated.

Commr. Campione asked if the lots would remain in the same configuration.

Mr. Schneider indicated that this was correct, and commented that the plat was recorded, adding the lots were all owned by the applicant currently.

Commr. Campione inquired if the applicant could reconfigure the lots after the road was vacated.

Mr. Schneider replied that they would have submit a new plat and go through the County.

Commr. Campione asked if the lots would have to be vacated as well.

Ms. Melanie Marsh, County Attorney, stated that if the applicant wanted to change the lot configuration, they would have to replat and go through the County’s process, and that even though the roads were private, there was still a standard for the width to meet County requirements.

Commr. Campione inquired if they had to build stormwater retention according to water management district standards.

Mr. Schneider indicated that was correct, and commented that private roads were still paved to County requirements.

Commr. Campione asked if they were to vacate the plat and replat it with smaller lots, if it would have to come before the BCC.

Ms. Marsh said that if the replat still worked with their density, they would just go through the plat process, and that if it exceeded the density of their future land use and their current zoning, then they would have to come back to the Board.

Commr. Campione opined that if they had wanted to replat, they could have filed it all at one time.

Mr. Vanga commented that he would like to build a gate for a gated community, and that he did not plan to replat. He mentioned that when he had talked with the County, he was told that he would have to maintain the road, and he said that he would build the roads according to the County specifications and maintain them.

The Chairman opened the public hearing.

Ms. Melanie Melvin, a resident of Lake County, reiterated that the land was platted 14 years ago, and she expressed concern about the growth of Lake County. She mentioned that much had changed since 2007, and opined that this development would change the structure of the community, which consisted of one acre lots. She also expressed concern about water and sewer resources, and hoped that there would be setbacks for the homes and a way to maintain privacy. She commented that this section of road was highly traveled, and she expressed concern about the traffic and having a turn lane into the gated community. She expressed concern about the safety of wildlife because of this growth, and she encouraged the County to review the plat and what the applicant was proposing.

Ms. Marsh stated that the applicant was entitled under the zoning code to plat the property the way that it was, and that there was nothing the County could do unless the applicant chose to change the zoning.

Commr. Campione mentioned that they could currently get a permit to develop the land without the gate, opining that this vacation could result in a higher-end housing community. She said that this would allow them to have a gate, and that they would be responsible for the maintenance of the road.

Commr. Parks commented that since it was platted in 2007, many things had changed, such as buffering, opining that it would be considered differently in the present day.

Commr. Campione mentioned that she did not know what it was zoned before then, but the County could not take away zoning rights that were already in place.

Commr. Blake remarked that the only question before the Board was if this was going to be a burden on the taxpayers or if it would be handled by the owners; therefore, it made more sense for it to be their responsibility.

Commr. Campione opined that the resident’s concerns were valid, but that the County could not change the zoning, adding that the Board could only determine who would take care of their roads.

Commr. Campione wondered how far the property was from the rural protection area, and Mr. Schneider pointed it out on a map.

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

Commr. Parks expressed concern about the maintenance of privately owned roads and subdivisions, and opined that even though the residents would know about it, it could still be neglected and have a detrimental effect on property values, adding that the County would be discussing that issue in the following month.

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution 2022-20 to vacate platted rights of way, located East of U.S. Highway 27 and South of Eagles Nest Road. The closest municipality is the City of Fruitland Park.

Public Hearing: Ordinance 2022-12 WAIVERS FROM PLANNED ZONING DISTRICTS

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 14.03.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED WAIVERS FROM PLANNED ZONING DISTRICTS (CP, MP, CFD, PUD); TO ALLOW FOR WAIVERS TO BE GRANTED BY THE BOARD OF COUNTY COMMISSIONERS FOR APPLICANTS SEEKING A CONDITIONAL USE PERMIT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

Ms. Marsh mentioned that at a previous BCC meeting, the Board had requested a survey of surrounding Counties on how they handled variance requests, and she showed a chart illustrating a split of how it was handled. She commented that some Counties used a board of adjustment (BOA) and some used a planning commission. She related that some planning commissions would make recommendations to the BCC, and that in other Counties, the planning commission had the final decision on variances, adding that applicants could appeal to the BCC if the planning commission made a decision they had a discrepancy about.

Commr. Campione commented that this would streamline the process and would help the public and the applicant by reducing the number of meetings that were required. She opined that it would be better for the governing body who gave the conditional use permit (CUP) and specific conditions to review any variances that were part of that, and that the whole picture would be considered. She remarked that if the BOA granted a variance with specific conditions in place, those might not make sense to the BCC in another meeting, opining that this would provide a better process for staff.

Commr. Smith said that it would align with the other uses that were currently under the waiver, and that it would be more streamlined.

Commr. Campione commented that a conditional use was a request to have a particular use on a property, and that only the BCC could make that decision,. She mentioned that the Board could be more restrictive, which was another reason to approve this ordinance.

Commr. Parks agreed and wondered about transparency. He mentioned that any variance from a code coming before the BCC would include a tabulation of the variance requests providing transparency, adding that many Cities did that currently.

Ms. Marsh stated that the variance requests were highlighted in the staff report as a separate paragraph and as a separate section in the final ordinance if the Board approved it.

Commr. Parks said that in some cases, the variance requests had not been read into record from staff, noting that in future meetings, the variance requests would be read publicly.

Commr. Campione commented that it would be made available what the code required and what variances were done as a result of a conditional use, and that there could be other tradeoffs to make up for that, such as the addition of a wall or trees that were not part of the code requirement.

The Chairman opened the public hearing.

Ms. Lavon Silvernell, a resident of Lake County, said that her primary objection was that this ordinance would reduce the amount of decision making that was done by citizens. She mentioned that she understood that the Board was elected by the community, and that they were trusted to make decisions. She commented that she was reassured by comments that variances would be transparent, and that residents could comment on them at that point; however, she opined that the Board should trust the BOA to do this job, and that the Board would have an opportunity for input after that. She expressed concern about the Lake County Water Authority (LCWA) not having its own elected board, and indicated concern about the BOA also losing control. She related that she trusted the Board to do their best, but that it was not good for all of the decisions to go through five people.

Commr. Parks expressed appreciation for all of the volunteer boards, and said that the Board considered what they had to say seriously.

Commr. Campione commented that this would not eliminate the BOA, and that they would still hear variances, such as setbacks. She explained that this would only be for CUPs that included a variance to the code within the permit.

There being no one else 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 2022-12 amending Section 14.03.05, Land Development Regulations, to make the waiver process available to applicants seeking conditional use permits in lieu of appearance before the Board of Adjustment to seek a variance.

appointments to the Elder Affairs Coordinating Council

Commr. Smith requested that members would be appointed for each district, commenting that one issue with the Elder Affairs Coordinating Council was that it was difficult to get a quorum. He hoped that with the new appointments, they could get a quorum and move this organization forward. He listed the applicants and their districts, and he received positive comments from the Board.

On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board reappointed Mr. George Wanberg, Ms. Latoya N. Sankey with applicable waiver, Mr. Adam Stack, and Ms. Kathy Haviland, and appointed Ms. Mary R. Kelly, Ms. Carolyn Peoples, Ms. Amanda Waterstradt, and Ms. Brittani Bradwell to the Elder Affairs Coordinating Council.

commissioners reports

commissioner shields – district 1

Groveland’s 100 year anniversary

Commr. Shields mentioned that the City of Groveland’s 100 year anniversary would be at the end of March 2022.

commissioner smith – vice chairman and district 3

the Hope Center

Commr. Smith commented that he visited the Hope Center in the City of Clermont, and that he appreciated the good they did for the community and the people they served.

Florida Senate House Bill 1105

Commr. Smith opined that Florida Senate House Bill 1105 would pass, and he expressed concern about making a smooth transition. He commented that the County should ensure that the functions performed by the LCWA would be performed at the same level or better under the Board. He suggested that a function task inventory be performed in order to provide an understanding of what functions the LCWA performed and how long it took staff to accomplish those tasks, and he wondered if an interlocal agreement could be used between the new water district and the BCC. He opined that outside assistance would be needed to help the County transition through the process, and that it would go into effect 30 to 60 days after it became law. He mentioned that the bill had a provision providing for the BCC to amend, revise, or repeal the bill as it saw fit, and he wondered what that meant for Lake County, adding that he had asked Ms. Marsh to research that provision. He proposed an audit to determine any financial issues, and opined that the Board’s focus should be on preserving natural resources.

Commr. Campione commented that she appreciated the suggestions to conduct a function task inventory, and opined that it would be important to understand all the functions that were currently necessary. She mentioned that there were other tasks, which were often unnoticed, that needed to continue, and she suggested that an inventory of lands would also be helpful. She said that she would also like to know the interpretation of the language of the bill for the provision, and suggested that the County could use an ordinance to prescribe how the LCWA would function if it was different from how the bill was worded currently. She remarked that the function task inventory was important because it related to water protection, water quality improvement, and improving the waterways, adding that some social media postings were portraying this change negatively. She relayed her understanding that no parks would be closed, and that no conservation lands would be taken away from conservation. She mentioned that those functions would still happen, and that it could be done through an interlocal agreement or through an ordinance that streamlined the process. She commented that a positive outcome could include the utilization of staff in a more efficient way reducing duplication, and that staff could work together on all of the passive parks. She mentioned that the County had contracts used for outside services that saved the taxpayers money, and that it could benefit lands currently managed by the LCWA. She related that it could be structured in a way that the missions stayed intact, and that funds could be better utilized for water quality.

Commr. Parks asked if the bill passed, would it be helpful to have a separate workshop on the issue of the transition.

Ms. Marsh inquired if the Board wanted to submit a letter to the Florida House of Representatives regarding additional time to transition.

Commr. Smith suggested that the County could decide how much time it would take to transition from the time the bill passed and to ensure it was done correctly, opining that it would take six months.

Ms. Marsh mentioned that there was an amendment filed on the previous Friday, which was shared with the Board, that proposed to add a referendum requirement, and that the proposed ballot language indicated that if this amendment was adopted into the bill, the Board would have until November 2022 to complete the due diligence before the referendum was passed.

Commr. Blake asked who filed the amendment, and Ms. Marsh commented that the amendment was filed by Representative Joy Goff-Marcil from Seminole County. Commissioner Blake then commented that this bill was on the calendar on the current day for the Florida House of Representatives to vote on.

Commr. Campione opined that the language allowed the County to delay six months, and that an amendment would not be needed, adding that it would allow time to coordinate with the LCWA staff.

Ms. Marsh stated that the language in the original bill would make that special act a chapter of the County code, and that it could be amended through an ordinance to provide additional time.

Commr. Smith said that he wanted to ensure it was done correctly.

Commr. Campione inquired how many trustees there were on the LCWA Board, and Ms. Marsh replied that there were seven.

Commr. Parks commented that there was one trustee from each commission district, and that there were two at-large trustees.

COMMISSIONER BLAKE – DISTRICT 5

new County Manager

Commr. Blake thanked Ms. Barker for officially becoming the new County Manager.

traffic in Commission District 5

Commr. Blake expressed concern about the traffic in Commission District 5 along U.S. Highway 27, noting that it was very busy between the City of Leesburg and the Town of Lady Lake. He mentioned that he had discussed the issue with Mr. Fred Schneider, Assistant County Manager, who had agreed to discuss the timing of the traffic lights with FDOT to allow more north/south traffic to flow. He commented that it had adverse impacts on businesses there, and that it was difficult to get to their locations.

COMMISSIONER Campione – DISTRICT 4

Traffic at the intersection of CR 44A and SR 19

Commr. Campione expressed concern about an issue at the intersection of CR 44A and State Road (SR) 19, and commented that FDOT had previously agreed to adjust the timing on the traffic lights. She said that traffic would often be backed up to Trout Lake, and opined that having more cycles could help. She mentioned that the new Pine Meadows subdivision, which the City of Eustis had approved, would have 548 units, and that the main entrance would also come out on that road. She opined that it would be impossible to create a longer turn lane there because of existing businesses in that area, and that the County should explore ways to help relieve the congestion in these areas.

Commr. Parks wondered if the Board could receive an update on this issue and explore some options with Mr. Schneider.

Ms. Barker commented that Mr. Schneider could report back to the Board.

commissioner parks – Chairman and district 2

New county manager

Commr. Parks congratulated Ms. Barker for becoming the new County Manager, and said that he had the utmost confidence in her and the staff.

Ms. Barker expressed appreciation for his remarks, for the support of the Board, and for the support of the staff.

Big Orange Day

Commr. Parks commented that the City of Umatilla had Big Orange Day on the previous Saturday, opining that it was a quintessential Lake County event.

Commr. Campione commented that there were many children playing, and that the weather was nice.

Commr. Parks congratulated United Southern Bank for being first in all the barbeque categories and the decorations.

strategy workshop

Commr. Parks thanked the Board for participation in the strategy workshop at the Cooper Memorial Library in the previous week, and he opined that it went well.

Joint Planning Work Group with Municipalities

Commr. Parks commented that there was nothing new to report on the countywide initiative stemming from the February 7, 2022 joint planning work group meeting with municipalities, but that the next step was for the County to develop a framework moving forward. He mentioned that all the municipalities had expressed interest in a countywide joint planning agreement (JPA) and also a larger vision sharing some commonality. He remarked that there had been a meeting the prior week with Mr. Drury, Mr. Tim Maslow, Community and Economic Development Director for the City of Groveland, Dr. Richard Levey, with Levey Consulting, Mr. Ernie Cox, representing Family Lands Remembered, and staff to put together that framework. He said that there would be a letter drawn up for the Board to review that would be sent to the municipalities asking for them to identify issues and what they would want in a JPA. He related that it would contain the County’s vision and other larger items, such as conservation and subdivisions.

Ms. Barker commented that the follow-up meeting was very productive, and that there was a list of questions being reviewed by Commissioner Parks. She said that the list would be sent to the group that was on the call for their input, and that the list would be presented at the March 1, 2022 or the March 8, 2022 BCC meeting for the Board to review before it was sent to the municipalities.

Commr. Campione asked if the County’s issues would be identified, and Ms. Barker indicated that they would. Commissioner Campione then inquired if the initial letter would list the County’s issues or just give information about the process.

Commr. Parks replied that the issues would not be listed on the initial letter.

Ms. Barker reiterated that the County would identify areas of concern in the process; however, the purpose of the letter was for the municipalities to provide the County with their concerns and the issues that they were currently dealing with or answering questions about to their residents.

Commr. Parks remarked that it would be worded carefully, and that the Board would have a chance to comment on it before it went to the municipalities.

Commr. Campione asked if the letter would include the rural protection issue.

Commr. Parks indicated that it would include that issue, and that it would be broad-based.

Commr. Campione wondered if the Cities had a copy of the map that showed the rural protection areas (RPAs), opining that it could be helpful.

Ms. Barker said that a map with the RPAs identified could be included with the letter.

Commr. Campione opined that it would be important for all municipalities to be in consensus. She commented that it would be helpful to have a map, such as the City of Groveland’s entitlement map, and that it was important to know what was already planned in order to know what could be traded off, adding that it could go hand-in-hand with the RPA map.

Commr. Parks mentioned that the entitlement map showed what was planned, platted, and entitled before the great freezes and what happened afterwards through 2007.

Commr. Campione remarked that the Growth Management Act and the requirement that Counties and Cities should have sufficient housing stock or the opportunity for housing to be available was difficult to balance with residents who asked if there was anything that could be done about the growth. She mentioned that the County could not ignore the population, and that Florida law did not allow that. She said that there was a trade-off if the County was going to preserve farmland and rural areas and allow for transition areas between municipalities, and that the Cities had to consider that their densities could increase, adding that the roads had to be able to handle the extra traffic. She related that it was difficult, but that the County was trying to find solutions.

Commr. Parks commented that he felt confident about the process, and that with the cooperation of the Cities, it was moving in the right direction. He mentioned that it would be done as quickly as possible, and opined that it would be good to send this letter less than a month after the initial meeting.

Commr. Campione suggested that it could promote redevelopment of municipal areas as a way to accommodate greater densities in locations that were appropriate, such as pocket neighborhoods.

Mount Dora Interlocal Service Boundary Agreement

Commr. Parks invited discussion for the issue of the City of Mount Dora interlocal service boundary agreement (ISBA), and asked what the Board would like to do.

Ms. Marsh explained that they had submitted a request for an ISBA in 2019, and that there were some negotiation meetings, which Commissioner Campione was involved in. She said that at that time, it was going to be limited to just the Wolf Branch Innovation District; however, the last draft included in the current packet did not contain a map limited to just the Wolf Branch Innovation District. She mentioned that COVID-19 had ceased the negotiations, and that the question was whether the Board wanted to renew those negotiations or to wait and see what the countywide planning initiative accomplished before moving forward with the ISBA.

Commr. Campione remarked that she did not want to make the City of Mount Dora wait if they had a proposal of their own, and that the County could focus on their particular issues with the understanding that it could be revisited in the future if discussions with the other municipalities changed things.

Commr. Parks asked if Commissioner Campione wanted to start working on specific issues.

Commr. Campione commented that she liked their idea of the Wolf Branch Innovation District because that allowed them to provide utilities there and also to receive the revenue of the annexations. She mentioned that the City had tracked their JPA and did not want to take their ISBA boundaries outside it, and that there were one or two locations where a property owner that was adjacent to the JPA boundary had to be discussed. She remarked that the City’s growth was bound on one side by the Wekiva River Protection Area, and opined that the County should move forward with the ISBA with the understanding that some things could be revisited with the results of the countywide discussions.

Commr. Parks invited Commissioner Campione to work with staff to start those negotiations again.

Commr. Campione mentioned that they had never asked for non-contiguous annexations in their ISBA, opining that the only place that would have applied would have been the Wolf Branch Innovation District.

Ms. Marsh indicated that was correct, and recalled that in previous discussions, the County had asked them to provide water and sewer to the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA) and other areas without requiring annexation.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.

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SEAN PARKS, chairman

ATTEST:

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GARY J COONEY, CLERK