A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

July 26, 2022

The Lake County Board of County Commissioners met in regular session on Tuesday, July

26, 2022 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Sean Parks, Chairman; Kirby Smith, Vice Chairman; Douglas B. Shields; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.

INVOCATION and pledge

Commr. Parks welcomed everyone to the meeting, and said that the meeting would start with the Invocation, which would be provided by Commissioner Blake, and the Pledge of Allegiance, which would be provided by someone who was a public servant, a veteran, or both.  He stated that the person who would lead the Pledge of Allegiance on the current day was Chief Ryan Kessinger who had been with the Office of Emergency Medical Services (EMS) for 20 years and currently served as the District Chief for the Office of EMS.  He explained that Chief Kessinger began his career as a Lake County Emergency Medical Technician (EMT) in 2003, was promoted to paramedic in 2005, was reassigned as a Field Training Officer in 2006, and was later promoted to District Chief in 2011.  He elaborated that Chief Kessinger’s career highlights included receiving two True North Pin recognitions, which were awards given to employees that went above and beyond their normal job duties, noting that these were awarded to Chief Kessinger after letters of appreciation had been sent from patients and families to commend him for his life saving, quick decisions and extraordinary patient care.  He mentioned that when not at work, Chief Kessinger enjoyed bass fishing with his son, and that he was also the Head Cross Country Coach for Mount Dora Christian Academy.  He then thanked Chief Kessinger for his service to Lake County.

Commissioner Blake gave the Invocation and Chief Kessinger led the Pledge of Allegiance.

Moment of silence

Commr. Parks expressed sorrow at the recent passing of Mr. Nick McRay, Operations Manager for the Office of Public Works, noting that he had served Lake County for a number of years.  He relayed that Mr. McRay served the residents in ways that many did not know, and that his heart was devoted to serving in his job as well as in his family.

Ms. Jennifer Barker, County Manager, commented that Mr. McRay started working for the County in 2013, and that he was a generous person.  She explained that he was always happy and had a good sense of humor, and that he was well loved by all of the staff.  She elaborated that he exemplified a true servant of the people, and that he was very responsive to residents’ requests and issues, adding that the staff was there for his family.

Commr. Parks then called for a moment of silence for Mr. McRay.

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. Barker related that since the agenda was first published, the event name in Tab 4 was changed from “Best of the Beach: to the “Pro Series Tour Event”, and that the agenda item and supporting documents had been updated accordingly.  She mentioned that the Tab 13 public hearing for Challenger Drive and Lenze Drive had been pulled from the current day’s agenda, and that it would be brought back at a future Board of County Commissioners (BCC) meeting; furthermore, Tab 21 was added as an addendum since the agenda was first published.

Commr. Parks remarked that the Tab 14 discussion regarding the Supervisor of Elections facility would be discussed after the Citizen Question and Comment Period, and that the American Rescue Plan Act (ARPA) update would be given after the Consent Agenda.

Minutes approval

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meetings of May 11, 2022 (Regular Meeting), May 17, 2022 (Regular Meeting), May 24, 2022 (Regular Meeting), and May 25, 2022 (Regular Meeting) as presented.

citizen question and comment period

Ms. Sue Parent, a resident of the City of Mount Dora, recalled that after a presentation for a $24 million election operations facility in Lake County, the Board had agreed to look into a lease option rather than building a new facility.  She thanked the Board, and wondered why taxes had funded the remodeling of the current facility in 2018 if it was going to be inadequate within four years.  She related that according to the Supervisor of Elections website, there had been less than a one percent increase in voters since 2020, and opined that taxpayers were being asked to provide funding for a new election operations facility to house additional machines for 20,000 more registered voters.  She relayed her understanding that in a recent assessment, Seminole County, with a current population of 466,695, indicated that they would not need 50,000 square feet of space for another 20 years.  She opined that additional expenses should also be taken into consideration, such as maintenance, insurance, cleaning, utilities, and additional staff, and inquired if it would be more cost effective to lease a different location.  She opined that if the County returned to counting ballots by hand, there would be plenty of taxpayers willing to count the ballots, accepting a nominal fee as a poll worker.  She asked that the Board would vote against a new building for the Supervisor of Elections office, and noted that a realtor had given her advertisements for available rental spaces, which she submitted for the record.

Ms. Dianne Venetta, a resident of the City of Leesburg, stated that she was a volunteer working with the Lake County voter registration roll since the November 2020 election.  She opined that many of the voters listed on the voter rolls did not currently reside in Lake County, and that they had moved away, died, or had never lived there full time and were not eligible to vote.  She expressed concern about voters who continued to vote using addresses of homes they had sold, postal centers, marinas, and campgrounds, which she opined was illegal, and about voters disappearing from the rolls without evidence of being removed by the Supervisor of Elections office.  She mentioned that the State could only provide voter registration data, such as registrations collected by the Florida Department of Motor Vehicles (DMV).  She opined that more space would not fix the documented issues in the voter rolls or ensure that legally prohibited addresses and illegal voters would be removed from the rolls, adding that she would rather see the focus on ensuring that the registration lists were up to date and accurate than on purchasing a new facility.

Ms. June Lang, a resident of the City of Eustis, opined that Lake County did not need a new Supervisor of Elections building, but that the Supervisor of Elections needed to clean the voter rolls.  She relayed her understanding that in January 2022, the Supervisor of Elections office was given a list of 14,000 individuals in Lake County that should have been purged from the rolls, and opined that there were active voters on the rolls who had registered last century and never voted.  She commented that through her own research, she had identified at least 2,900 potentially illegal registrations for a total of about 17,000 questionable voters on the voter rolls.  She expressed concern about the voter roll maintenance, and asked for more transparency in elections, more accurate voter rolls, and no more machines, opining that the Federal Cybersecurity Infrastructure Security Agency (CISA) had found that elections were vulnerable to tampering and hacking.

Ms. Deborah Shelley, a resident of Lake County, displayed a map of the existing and proposed developments in the Yalaha-Lake Apopka Rural Protection Area (RPA), and commented that two projects there were recently proposed for annexation into the City of Leesburg.  She related that commercial and multifamily developments had been proposed in the transition zone, with commercial development backing up to Dewey Robbins Road, which was west of the RPA boundary, and that the acreage for the four larger parcels was over 2,100 acres, which included Whispering Hills and Hodges Reserve which had 2,400 units, opining that the other two parcels would bring the total up to 5,000 units in the RPA; additionally, there were 600 units proposed on 300 acres on the southwestern boundary of the RPA.  She expressed concern that a proposed rural conservation subdivision ordinance would not stand up to annexations, and opined that the interlocal service boundary agreement (ISBA) boundaries should be redrawn without including any RPAs.  She mentioned that during the ISBA five year review process, the County could begin negotiations, and to further protect rural areas, the County could lobby the State to change annexation rules.  She opined that Chapter 171, Florida Statutes, should require State and County designated protection areas, such as springs, priority focus areas, RPAs, and areas of critical state concern where there were Comprehensive Plan (Comp Plan) policies intended to protect these areas to be considered in annexations, and that any development proposals should be significantly reduced.

Mr. Marty Proctor, the Lake County Water Authority (LCWA) District 1 trustee, said that he had submitted a report following up on his commitments from the prior meeting, and that he had been authorized by the LCWA Board to answer any questions.

Commr. Parks thanked Mr. Proctor for attending the meeting, and hoped he would be able to help with the transition through communication.

Mr. Proctor said that the LCWA was pleased to be part of this process, and that it would help with the transition.  He mentioned that they were working to keep staff, and that there were many challenges.  He related that the nutrient reduction facility (NuRF) operation and maintenance contract was agreed to, and indicated that it would affect the way the LCWA operated in the future. 

supervisor of elections facility

Ms. Barker recalled that during the July 12, 2022 BCC meeting, there was a presentation for several options for a new facility for the Supervisor of Elections, and that the option preferred by Supervisor of Elections at that time was for a new 50,000 square foot building with an estimated cost of about $24 million.  She elaborated that after some discussion by the Board, staff was instructed to delay construction of the new facility due to the volatile market conditions inflating construction costs and increased interest rates, and that they were told to place a hold on architectural and construction manager at risk (CMAR) services pending a receipt of lease options; furthermore, they were directed to search for a climate-controlled warehouse space that could be leased for the Supervisor of Elections.  She related that they had found one lease option for climate-controlled warehouse space that was 10,000 square feet and located in the City of Leesburg area, and that it cost $7.20 per square foot or $6,000 per month for the lease.  She added that some of the warehouse spaces for rent ranged from $8 per square foot to $14 per square foot, and noted that these spaces were not air-conditioned.  She mentioned that the former Sears department store at the Lake Square Mall was available and could serve as a satellite office for the majority of the administrative and warehousing needs, recalling that the County used this facility for a vaccination site in 2021.  She commented that the proposed lease terms were $7.70 per square foot including all of the common area maintenance (CAM), and that it would cost about $527,000 annually.  She explained that tenant-funded renovations were allowed, and that the County would be able to make renovations for the Supervisor of Election’s needs.  She said that they may provide for a build-out period with no lease payments to offset renovation costs, and that they would provide a one to five year term with a relocation termination provision with at least a one year notice.  She stated that the current facility for the Supervisor of Elections was over 18,000 square feet, and that the lease was $21,400 per month through the end of the lease term, which was June 30, 2023, with an option for an additional five year term with 90 days’ notice, adding that the County would have to provide notice by April 2023.  She commented that after the initial term was over, if the lease was extended, beginning July 1, 2023, the lease would drop to $18,000 per month because the County had renovations done in that facility when the Supervisor of Elections first moved there that the property owner funded and included in the lease payments for the first five years, noting that those construction costs would be completely paid by the end of June 2023.  She relayed that for discussion, the Board should consider the following: negotiating a lease agreement for the former Sears building, which could also require renegotiation of the termination provisions of the current facility lease; revising the scope of services with Song & Associates to provide architectural services for renovations; and considering a CMAR; additionally, the County could issue a request for proposal (RFP) for an external service provider or utilize an in-house Construction Program Manager.

Commr. Campione commented that the side by side comparisons showed a considerable gain of square footage in the former Sears building.

Ms. Barker replied that the current facility had almost 19,000 square feet, and that the former Sears building would be a total of 68,000 square feet.

Commr. Campione inquired what the difference in cost would be.

Ms. Barker replied that the County was currently paying about $21,000 a month, which was about $256,000 a year compared to over $500,000.

Commr. Smith expressed concern about having only a five year lease for the former Sears building, and questioned if repairs and modifications to the building to make it satisfactory for the Supervisor of Elections would cost the County about $2.3 million.

Ms. Barker answered that the facilities group did a walk-through with the Supervisor of Elections, and that they estimated the cost based on what they saw.

Commr. Smith relayed his understanding that the County would have to spend an a additional $2.3 million to make this space habitable for the Supervisor of Elections for five years, and that current lease for $18,000 a month would be $216,000 a year.  He asked if the air-conditioned warehouse space in the City of Leesburg would need any upgrades.

Ms. Barker answered that the County had not done a walk-through, and that she would not be able to answer that, noting that it had been located on the prior Friday.

Commr. Smith said that he was not in favor of leasing the former Sears building because of the upgrade demand and the time limit of the lease, opining that a cost of $2.3 million to renovate someone else’s building was too much.  He inquired if the County had asked if the lease could be longer.

Ms. Melanie Marsh, County Attorney, said that it had been discussed with the owner on the prior Friday, and that they were looking at potential redevelopment of that property and were not willing to go longer than five years.  She commented that the owner could consider some type of prorated reimbursement to the County if he were to terminate prior to the five years, and that he would give a year’s notice.  She remarked that these had only been initial discussions, and that if the Board wanted to go that route, there would be more negotiations.

Commr. Smith asked what the price and the square footage was for the air-conditioned warehouse space.

Ms. Marsh replied that it was 10,000 square feet, $7.20 per square foot, and about $6,000 per month, and that it had become available on the prior Friday, opining that it would not be available for long.  She relayed her understanding that there was no loading dock, adding that Senator Alan Hays, Lake County Supervisor of Elections, was more familiar with the property and could give more information regarding its suitability.  

Commr. Parks commented that the population of Lake County was officially over 400,000, and that the goal was to plan for the future growth of the county, opining that 50,000 square feet would be adequate for the next 25 to 30 years.  He wondered if there was a way to separate it or use part of it for something else.

Ms. Marsh commented that the County had asked for quotes on 10,000, 15,000, and 20,000 square feet to subdivide the building; however, Senator Hays wanted to move his whole operation over there.

Commr. Parks inquired if there was something else the County could utilize this space for.

Commr. Smith reiterated that the Supervisor of Elections had 18,000 square feet currently, and noted that he had his administrative and warehouse base at this location as well as training which could be done at the Tavares Civic Center or at the Lake County Agricultural Center.  He said that he could not justify moving the facility, and opined that it should stay where it currently was.

Senator Hays commented that he shared the Board’s concerns, and that he appreciated the staff work that had gone into this.  He opined that the current facility was not adequate, and that they needed more space to efficiently and safely perform their duties.  He also opined that the residents of Lake County deserved to have an efficient operation, and that their current location was crowded and inefficient.  He relayed that security was a unique part of their operations, and that they could not move into a new facility like a typical business, noting that the United States (U.S.) Department of Homeland Security, the Federal Bureau of Investigation (FBI), and the Florida Department of Law Enforcement (FDLE) would come and check their facility; therefore, it would require expensive security features at any location.  He said that he had not visited the 10,000 square foot air-conditioned warehouse, but he had seen pictures and indicated that it had no loading docks, opining that it would be inefficient.  He commented that when he took office in 2017, they had 10,000 square feet of warehouse space in the City of Mount Dora, and the administrative spaces were in the County Administrative Building, opining that it was an inefficient way to run an office.  He mentioned that the former Sears building offered warehouse space which could be configured for security, and that it could be modified for the five year duration, opining that if the owner had to terminate the lease early, he could pay the County back.  He opined that timing was critical because of ongoing election operations, and that they had security and space concerns.  He explained that when they finished the current year’s elections in November 2022, they would have a brief interlude before starting on the municipal elections in 2023.  He elaborated that if there were primary elections in those municipalities, they would be in August 2023, and that they would be mailing overseas ballots in July 2023 for those elections.  He related that they had contracted the architectural firm Song & Associates, Inc., and that they had done an in-depth needs assessment.  He opined that a CMAR would be the best way to proceed, and that it would enable the County to realize some benefit of savings through value engineering; additionally, he recommended that the County would contract with the firm designated by his selection committee to make the modifications to the former Sears building.

Mr. Jason Morgan, with Charles Perry Partners, Inc., commented that his company had already been through the process of becoming a CMAR in Lake County, and opined that they were selected as the most qualified firm.  He remarked that they could work with the selected architect and look for the best ways to build with long-term life cycle costs, and that they would look for the products currently available, noting that there were many lead time issues.  He mentioned that if the County decided on this course of action, they could work with the design team and staff to identify the long lead items, such as security items which could take months to receive, opining that working together, they could deliver the best project outcome in a timely manner.

Ms. Jill Lanigan, with Song & Associates Inc., mentioned that they provided the architects that conducted the needs analysis for the Supervisor of Elections, noting that they had worked with Supervisors of Elections throughout the state, and that they could provide a presentation of that needs analysis for the Board to give them a more in-depth understanding of the square footages and how those were arrived at for the 20 year need for the Supervisor of Elections.  She commented that it even though it seemed to be a large increase over the current needs, they were currently very short on space to carry out the processes in the way the elections statutes mandated.

Commr. Parks asked how Senator Hays felt about the air-conditioned warehouse which was found on the previous Friday.

Senator Hays said that it was not satisfactory, and that even though it was 10,000 square feet, it was not worth the move, opining that the additional $6,000 per month would not be of value.  He opined that the Board should not look for a cheap solution, and that the metal building, which was discussed two years prior and would go behind the current facility, would be more accommodating; however, the County would have to make improvements to leased property that would have to be left behind in an eventual move.  He mentioned that Charles Perry Partners, Inc. had recently renovated a former Sears department store in the City of Gainesville, and that it was now a surgical suite for University of Florida (UF) Health Shands Hospital, adding that they were experienced and chosen as the best qualified firm.  He said that the former Sears building offered plenty of room for the future, and that his office needed adequate space, opining that this was the best deal for the taxpayers of Lake County.  He elaborated that they had an obligation to expand their operations, opining that they could not be compliant with all the Florida Statutes continuously in the current facility.

Commr. Shields mentioned that 50,000 square feet was the 20 year projection, and that the former Sears building was only for five years.  He asked if there was a five year projection for space.

Commr. Campione inquired what the terms were for the current location.

Ms. Marsh replied that there was one more five year renewal, and that the County had to notify the landlord by April 2, 2023.

Commr. Campione asked what the cost would be to add a warehouse behind that facility in order to get through the next few years.

Ms. Barker related that when it was first proposed several years prior, it was around $500,000, and that she would estimate that it would now cost about $1.5 million.

Commr. Campione questioned if there had been any conversations with the current landlord about giving some type of compensation for the additional square footage, such as a discount or a credit.

Ms. Marsh answered that two years prior, the County had discussed this issue with the current landlord, and that the landlord was willing to wrap the cost into the lease rate; therefore, the lease rate would increase.  She mentioned that the lease would also increase for other reasons, such as increased property value and increased taxes.

Senator Hays commented that if his office stayed at this location, they would have to reconfigure the administrative space and do more modifications.

Ms. Marsh recalled that the addition would have been around 4,600 square feet, and that it would be located behind the building, noting that there would need to be discussions with the City of Tavares to offset parking and other renovation related items.

Commr. Parks asked what the total square footage would be after the addition.

Senator Hays answered that it would be about 23,000 square feet.

Ms. Marsh related that for the former Sears building, previous emails indicated that the base rate was $9.00 per square foot plus $4.75 per square foot for CAM, which would be $275,000 per year for 20,000 square feet, and that the administrative offices could remain at the current location.

Senator Hays opined that it would take many security enhancements to make it adequate as a separate warehouse space, and that he would not recommend it.

Commr. Blake wondered if the owner of the current facility would accept a cash offer for the building.

Senator Hays replied that it was not for sale.

Commr. Blake opined that it would be simpler to own the building, and that the County could use Infrastructure Sales Tax to renovate it to Senator Hays’ preferences.  He expressed concern with the former Sears building, noting that at the end of a five year lease, it would cost about $5 million between the rent payments and renovations, and then it would be gone.

 Commr. Parks said that having everything at the former Sears building was appealing to him, and questioned if the County could lease part of the 68,000 square feet, adding that if it could be leased for 10 years and be prorated after five years, it would be more appealing to him.

Senator Hays stated that he would not advise leasing part of the building because it would create untenable scrutiny and risk for security, and that there would be no control over who the co-tenant was going to be, opining that his operations would require the whole space.

Commr. Blake expressed concern about the possibility of redevelopment of this space, and he wondered what the County would do then.

Commr. Campione commented that the County could spend $2.3 million to renovate this space to occupy for five years and then have to leave, and opined that it was not a good business decision, adding that it would be better if it was a 10 year lease.

Senator Hays agreed, and opined that building a new facility on the County’s 13 acres was more attractive.

Commr. Blake mentioned that the County could use the Infrastructure Sales Tax to build a 20,000 square foot facility immediately and have the ability to add on additional warehouse space when necessary, noting that paying cash would allow the County to avoid other processes.

Commr. Parks inquired if he was in favor of building something in phases.

Commr. Blake clarified that if the County paid in cash from the Infrastructure Sales Tax and paused other spending for a year, the County would not have to acquire a loan, and that in five years, another 20,000 square feet could be added on as necessary.

Senator Hays remarked that if the County built it in phases, there would be ongoing lease payments in addition to payments for the new building, and he suggested that the County build the administrative spaces first and keep the existing facility as a warehouse because no improvement would need to be done there.

Commr. Blake commented that in the long term, the County would be investing funds in its own property instead of spending it on these other options.

Commr. Shields mentioned that if the machines were left in the current facility, the office space there could be utilized to work on the machines as they were brought out of storage, and he wondered how that would work if the machines were at the new space.

Senator Hays opined that this was another unique feature of their business, and said that in a typical warehouse, items could be stored and left there; however, in their business, maintenance had to be done to the machines, and they had to be set up for the current elections.  He commented that there had to be workspace in the warehouse in addition to storage space, and opined that having to move the machines around a crowded workspace was not efficient.

Commr. Parks stated that he would like to reexamine some of the options, adding that he had questions about being able to extend the lease for the former Sears building, or if they were determined to redevelop the property.

Commr. Smith expressed concern about the five year lease with a one year termination agreement, and preferred that there would be an agreement for concessions for the funds spent on renovations if the lease was terminated prior to the end of the term, noting that he was not willing to lease the former Sears building on a five year lease.

Commr. Shields asked what he thought about building administrative space on the new property.

Commr. Smith said that the current construction industry and the prices were not conducive to building a new facility at this time due to the interest rates, the cost of materials, and the timeline it took to receive the materials, and he pointed out that the Supervisor of Elections was still running an efficient office that met State standards at the current location, opining that it was adequate.

Senator Hays remarked that he did not want to wait until he was unable to do what was required, and that he would continue to do what was required.  He opined that the space was not adequate, and that it was inefficient; however, he stated that they were making it work and would continue to do so if it was the pleasure of the Board to keep them there.

Commr. Parks stated that the Board would like some of their questions answered about the former Sears building before moving forward.

Commr. Campione questioned if the owner could lease the facility for 10 years, if the County could get funds back, and if they could make concessions if the lease term was shortened.

Ms. Marsh stated that staff had spoken to the owners on the previous Friday, and that they were not willing to go more than five years.  She explained that they were in the beginning stages of design for a new project, and that they did offer to prorate improvements if they had to give a one-year notice to terminate the lease sooner; however, that was improbable because of reasons mentioned earlier, such as the market and materials.  She relayed her understanding that at this time, they were not willing to lease the space for more than five years, opining that at some point they may be willing to entertain a renewal or an extension.

Commr. Parks asked if staff would relay to the owner the discussion from the Board, opining that the Board could wait to see what was said.

Commr. Shields inquired if the Board could receive updated costs and terms on expanding the existing facility.

Commr. Campione questioned if staff could ask the City of Tavares if there could be concessions with regard to the parking requirements, and if the County would need a variance, opining that it might not be a viable option.

Ms. Marsh asked if the Board wanted this item on the agenda for the first BCC meeting in August 2022.

Commr. Parks indicated that this date would be fine, and mentioned that he liked side-by-side comparisons and tables of the options, such as square footage and lease terms. 

Commr. Shields said that he would like to hear estimates for Commissioner Blake’s ideas.

Ms. Barker recalled that at the previous BCC meeting, there were some estimates of completing the new building in phases, and that the estimated cost for administrative space at $10 million would be about 8,000 square feet, noting that the Supervisor of Elections office currently had more than that.  She mentioned that if the Board wanted to consider a different amount, staff could explore other options.

Senator Hays commented that his office already had 10,000 square feet of administrative space, and opined that building 8,000 square feet of administrative space for $10 million was not worth discussing.  He said that the Board was welcome to visit his office, and opined that this was a good time to visit because of the upcoming election, adding that it was very different than a typical commercial operation.

Commr. Blake mentioned that the County could start building a new climate controlled warehouse on the County’s property and then add the administrative space later, and that it would put them on County property.

Commr. Campione opined that the warehouse would be less expensive to construct on the County property.

Senator Hays stated that he would prefer to build the whole office on the current site than to store the machines in a warehouse in the City of Leesburg, and pointed out that it had no freight load capabilities.

Commr. Campione asked staff to talk to the City of Tavares about what the County could do with regards to the parking situation at the current facility, and that she would like to see what it would cost to build additional storage in the back.

Commr. Parks reiterated that he wanted staff to obtain more information about the former Sears building.

Ms. Lanigan stated that her company could present the needs assessment and analysis of how they could phase the new construction including the current need, the five year need, the ten year need, and going forward, opining that it would help the Board better understand what was required there and at the current site.

Commr. Campione agreed that it would be helpful, and commented that she was interested in the numbers that were used.  She recalled that when this issue was first discussed, there were projections of the number of voters and residents there would be, and said that she would like to compare them to the UF Bureau of Economic and Business Research (BEBR) numbers in order to see if those projections accurately predicted what the numbers would be in five, 10, 15, and 20 years in the future.

Ms. Lanigan commented that it was helpful to understand those milestones and also to consider the other things beyond population increase that were affecting what the Supervisor of Elections needed to do, such as how ballots were processed and audited as well as the security requirements, adding that they would be happy to include that.

Commr. Campione relayed that going back to paper ballots and hand counting ballots had been mentioned earlier in the current meeting, and she wondered how that would affect the space issue.

Commr. Parks opined that it would cause a large change.

Ms. Lanigan opined that construction costs would stabilize from the steep increases and volatility, but they did not expect them to decrease.  She pointed out that there had been an average of 3.5 percent per year increase of construction costs even in recession periods, and that it was a steady growth.

Commr. Campione opined that the needs assessment would be helpful to understand the spatial side of this issue, such as where the machines needed to be stored, how they needed to be stored, and how much equipment was needed according to accurate projections of the population, adding that she would like to see how they would propose phasing the building of a new office on the County property.  She remarked that in five years, the County would be able to look back and see if those projections were correct or not.

Ms. Lanigan commented that much depended on optimizing the funds being spent in the smartest possible way for the long term.

Commr. Parks said that were still questions, and that the Board wanted to make sure it had all the information before it made a final decision.  He stated that the Board could hear her presentation at a future BCC meeting, and that staff would be researching other data as well.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Shields, seconded by Commr. Blake 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 and 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 Mount Dora Ordinance 2021-20

Notice is hereby provided of having received Annexation Ordinance 2021-20 from the City of Mount Dora.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Shields requested to pull Tab 3.

On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 11, with the addition of Tab 21, and pulling Tab 3 to the regular agenda, as follows:

ECONOMIC GROWTH

Recommend approval:

1. To provide Tourist Development Tax funding for host fees and related event expenses for Lake County and the Florida Region USA Volleyball, Inc.’s bid to host the 2022 USAVP Pro Series Tour Event, to take place at Hickory Point Beach in Tavares. The target event date is November 29-December 4, 2022; and

2. To authorize the Chairman to execute the agreement with Florida Region USA Volleyball, Inc. if selected as the host location.

The fiscal impact is not to exceed $45,000 (expenditure – TDT funding) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 3.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Recommend approval:

1. To accept the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant; and

2. To execute the EMPA Trust Fund Base Grant Agreement for Fiscal Year 2022-2023 in the amount of $105,806; and

3. To authorize the County Manager to execute future amendments/modifications that do not involve financial impact; and

4. To authorize the Director of the Office of Emergency Management to execute Exhibit 2 - Single Audits, Audit Compliance Certification (page 25); and

5. To authorize the Director of the Office of Emergency Management to execute Exhibit 3-27-19 Florida Administrative Code, EM Director or Part-Time Coordinator Certification (page 26).

The fiscal impact is $105,806 (revenue/expenditure) and is 100 percent grant funded.

Fire Rescue

Recommend approval:

1. Of Contracts 22-730A through 22-730K for Fire Equipment, Supplies, and Services to: All Safe Industries, Inc. (Louisville, KY), Bennett Fire Products Company, LLC (Woodstock, GA), Fisher Scientific (Tampa, FL), Henry Schein, Inc. (Melville, NY), Life-Assist, Inc. (Rancho Cordova, CA), Medline Industries, LP (Northfield, IL), Municipal Emergency Services, Inc. (Sandy Hook, CT), Municipal Equipment Company, LLC (Orlando, FL), North America Fire Equipment, Co., Inc. (Decatur, AL), TechnicalRescue.com, Inc. (Cooper City, FL), and Ten-8 Fire Equipment, Inc. (Bradenton, FL); and

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

The annual fiscal impact is estimated at $1,100,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval:

1. Of Contract 22-458 with Skyline Elevator, Inc. (Groveland, FL) for elevator repair and maintenance services; and

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

The estimated annual fiscal impact is $145,000 (expenditure) and is within, and will not exceed, the Fiscal Year Budget.

Housing and Community Services

Recommend approval:

1. Of the Substantial Amendment to the Community Development Block Grant (CDBG) 2019 Annual Action Plan for CDBG-Cares Act Funds; and

2. Of supporting Resolution 2022-77; and

3. To authorize the County Manager to execute any documents required by the U.S. Department of Housing and Urban Development.

There is no fiscal impact.

Public Works

Recommend approval:

1. To award Contract 22-932 for Leachate Disposal Services to Aqua Clean Environmental LLC (Lakeland, FL), Delta Pioneer, Inc. (Sarasota, FL), Liquid Environmental Solutions of Florida (Jacksonville, FL), and Water Recovery, LLC (Jacksonville, FL); and

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

The estimated fiscal impact is $500,000 (expenditure) and is within, and will not exceed, the Fiscal Year Budget.

Recommend approval:

1. Of Contract 22-736 for Operating Lease and Maintenance for Various Heavy Equipment to Dobbs Equipment, LLC (Riverview, FL); and

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

The estimated annual fiscal impact for the four motor graders with maintenance is $187,973.21 (expenditure) and one excavator with maintenance is $73,810.29 (expenditure) with a total estimated annual fiscal impact of $261,783.50 (expenditure) and is within, and will not exceed, each Fiscal Year Budget.

Recommend approval to execute a Proportionate Share Mitigation Agreement with the Lake County School Board and VK Avalon Groves, LLC.

There is no fiscal impact. Commission District 1.

COUNTY ATTORNEY

Recommend approval and execution of an Interlocal Agreement between Lake County and the City of Groveland to transfer permitting jurisdiction for a specific historical property pending annexation. There is no fiscal impact.

Tab 3: lcwa board membership requirements

Commr. Shields relayed his understanding that the reason for this ordinance was because the LCWA was recently converted to a dependent special district, and that the County did not want to lose any experience on their Board.  He opined that when Board members needed to be replaced for any reason, it should be done more like the Planning and Zoning Board, and he asked if the ordinance was written so that it would allow Board members to live anywhere.

Commr. Campione thought that initially, appointments could be made without attachments to a particular district, but in subsequent years, members would be living in their districts.

Ms. Marsh stated that the ordinance currently said that members must each reside in a separate geographic area identical to a County Commission District, and that the change could be provided that the BCC may make appointments without regard to district residency in order to fill all open positions with the most qualified individuals, noting that it was the Board’s discretion to fill appointments outside of the district if this language was approved for advertising and was adopted at a public hearing.

Commr. Campione commented that the goal was to ultimately have each member reside in a separate geographic region; however, if a qualified person submitted an application and resided in the same district as another member but was still considered geographically spread out, that person could be engaged and bring expertise and experience to this Board.

Commr. Shields asked if that would be the responsibility of each Commissioner.

Commr. Smith replied that it would be the responsibility of the Commissioner to supply the name, but the Board would have to approve the name.

Commr. Parks remarked that procedurally, each Commissioner would recommend someone from their district, and then it would be voted on; however, if an appropriate applicant could not be found from their district, then other applicants could be considered from other districts for their area of expertise.

Commr. Shields commented that it could be done instead of leaving a vacancy, and he inquired if there was a similar process for the Planning and Zoning Board.

Ms. Marsh said that she could look at the Planning and Zoning Board member ordinance and talk with him about that later.

Commr. Campione mentioned that it had been done on other boards, such as the Office of Library Services and the Children's Services Council, but that there had not been an issue finding members to serve on the Planning and Zoning Board.

Commr. Parks opined that this issue could be discussed again in the following year after the transition.

Ms. Marsh commented that from a legal perspective, if the name changed from the LCWA to the Lake County Water District, they would have to change their federal tax identification number, their sales tax number, and their Florida Retirement System (FRS) information.  She stated that if the Board wanted to keep the name of the LCWA, she recommended that this be done at the current meeting instead of waiting, so that they would not have to go through the process of changing all their information again.  She explained that when the Board approved the ordinance for advertising, it could be approved with the addition to change their name back to the LCWA.

Commr. Campione said that she was more inclined to keep that continuity, and then if the Board wanted to change the name to the Lake County Water District later, it could be done then.

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to advertise an Ordinance amending Section 24-5, Lake County Code, entitled Governing Board; Surety, to amend the membership requirements of the Lake County Water District to allow the appointment of members without regard to district residency with the modification to change the name of the district to “Lake County Water Authority.”

recess and reassembly

The Chairman called a recess at 10:27 a.m. for five minutes.

Golden triangle regional park – east campus

Commr. Smith related that he had been working with the YMCA in the City of Tavares for a public private partnership for the Golden Triangle Regional Park, and that this was a request to get an appraisal of their property.  He explained that in discussions with the City of Tavares and the YMCA, the YMCA Board had agreed to sell their property at fair market value, and that an appraisal was required to get the fair market value.

Mr. Scott Aldrich, with the City of Tavares, said that they were looking forward to this partnership between the YMCA, the County, and the City.

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved getting an appraisal for the YMCA facility in the City of Tavares for use as the Golden Triangle Regional Park - East Campus.

ARPA UPDATE

Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, provided an update on the ARPA funds, and recalled that the Board had previously allocated $15 million to purchase CSX railroad right of way for use as a multi-utility and recreational trail corridor. He related that Resolution 2021-133 was passed by the Board in support of the purchase, and that the Cities of Tavares and Mount Dora passed supporting resolutions in the previous year. He commented that the exact location would be from Wooten Park in the City of Tavares to Hojin Street in the Sorrento area. He mentioned that CSX agreed to the purchase offer at a price of $18.5 million, requiring a $3.5 million reallocation of APRA funds. He said that most ARPA projects had either started, were under contract, had been completed, or were nearing completion, and that there was a small number of projects remaining in which to reallocate funds if the Board agreed to the purchase price. He elaborated that the reallocation would include the remaining portion of personal protective equipment (PPE) funds, about $200,000 from the business assistance grant project, and $2.9 million from the North Lake Trail, adding that the remaining funds of the North Lake Trail were already committed to the project development and environment (PD&E) study which was passed by the Board at the July 12, 2022 BCC meeting.  He said that the requested action was approval to reallocate funds within the project list, as presented, for the purchase of the CSX Railroad right of way project.

Commr. Parks explained that the purchase price had increased from $15 million to $18.5 million, and that the proposal was to make up the difference from the project list.

Ms. Barker elaborated that the majority of the funds would come from the North Lake Trail, and that the North Lake Trail PD&E study approved at a prior BCC meeting could only use $900,000 of the ARPA funds because it could only fund the qualified census tract, which included the areas of Altoona through Astor, which left about $2.9 million available for construction.  She related that Mr. Fred Schneider, Assistant County Manager, had indicated that a PD&E study through federal lands would probably take an excess of two years, and that it would be outside of the timeline that ARPA funds could be used for construction, which was why the County was able to reallocate that funding for the CSX purchase if approved.

Commr. Parks inquired how much of this project, if approved, would be in the cities.

Commr. Campione observed that the map did not show city limits, but it did show the areas.  She recalled that during the discussion of the buyout of the Florida Central Railroad lease, the question came up of how much was in the city limits and how much was in the county.

Commr. Parks mentioned that the County was expending considerable funding, and that the participation of the Cities could help, especially in operation and maintenance for the long term.

Commr. Campione opined that it would be an important discussion to have with the Cities as the project became more developed, and that each City could be a participant within its jurisdiction on the operation and maintenance of that portion of the trail.  She mentioned that the purpose of ARPA was for broadband, stormwater, and water and sewer, noting that the Cities would be able to use this property related to those items.  She opined that there should also be discussions with the Cities about the Florida Central Railroad buyout, and that it would be a good opportunity to have discussions about ongoing operations and maintenance.

Commr. Smith opined that the use of the trail could have an economic impact and could be utilized as a utility corridor, which could save the Cities much funding on acquisitions.

Commr. Parks commented that he wanted to make sure that the Cities shared the costs.

Commr. Smith opined that when the County presented it to them, they would be willing to share the costs.

Commr. Campione remarked that when the County had those discussions, an economic analysis of the trail should be shown from the standpoint of being an economic generator, and that it would be impacting the cities and the county in a positive way.  She opined that it was important to have discussions about participation and sharing costs, and noted that there was an exponential benefit that flowed back to the County in the long run.

Commr. Parks mentioned that this was a timely opportunity because of ARPA funds.

Commr. Campione opined that the County may never have this chance again.

Commr. Parks said that the request was for approval to reallocate funds for the CSX railroad right-of-way project as presented.

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved to reallocate $3.5 million in ARPA funds for the purchase of the CSX railroad right of way project.

presentation on county impact fee rates

Ms. Allison Teslia, Director for the Office of Management and Budget, recalled that in August 2021, the Board accepted the study for the Library, Parks, and Fire Rescue impact fees that was provided by Benesch, and said that impact fees were required to be updated every few years in order to have the most recent and localized data in the calculation of the fee; additionally, in April 2022, the Board was presented with the transportation impact fees study and directed staff to provide recommendations.  She displayed a chart with the fully calculated rates that was provided by the Benesch study, noting that House Bill (HB) 377 imposed a 50 percent increase limit on impact fees, and that the chart showed what the maximum allowable rate increases would be for each district and land use type.  She gave an example of a single family, 2,000 square foot home with the impact fee rate comparisons, and said that the fully calculated rate from Benesch was about $15,555, which was about a $3,000 increase, noting that the HB 377 maximum increase was $1,713 for an amount of $14,249.  She explained that staff provided three different options for reduced rates: 95 percent of the HB 377 maximum fee would be $14,163, which was a $1,627 increase; 75 percent of the HB 377 maximum fee would be $13,821, which would be a $1,285 increase; and 50 percent of the HB 377 maximum would be $13,393, which would be an increase of about $857.  She gave an example of fees for a 1,000 square foot light industrial property, and stated that the full calculation was $2,249 in the North/Central District, which was an increase of about $1,506; however, with the HB 377 increase, it could only be raised $371, for a total of $1,113.  She related that in the South and Northeast/Wekiva District, the full study came to $2,249 with an increase of about $417, and that the HB 377 maximum increase was $2,232, which was about a $400 increase.    She then gave an example of a 1,000 square foot office, and pointed out that the Benesch study identified that the County needed to reduce the Fire Rescue impact fees in those districts by $309, adding that the only increases would be for transportation.  She elaborated that for the North/Central District, the full calculation was $5,026, which was an increase of $2,790, but with the HB 377 maximum it would be $1,712, which would be a reduction of $524. She mentioned that in the South and Northeast/Wekiva District, the full study was $5,026, which would be a $1,194 increase, and the HB 377 maximum increase would be $4,106, which would be a $274 increase.  She then gave an example of a retail 1,000 square gross living area, and said that in the North/Central District, the full calculation was $6,038, which would be a $3,642 increase, adding that Benesch had identified a need to reduce the Fire Rescue impact fee, which would be decreased $524 across the board, and that HB 377 maximum transportation fee would make the total $2,167, which would be a reduction of $229.  She relayed that in the South and Northeast/Wekiva District, the fully calculated rate was $6,038, which was a $1,773 increase, and that with the HB 377 maximum fee, it would be $4,970, which would be a $705 increase.

Commr. Shields asked what percentage of impacts came from homes versus businesses, adding that he thought that it would be mostly from homes.

Commr. Campione remarked that if 1,000 square feet of light industrial was multiplied by the actual square footage, it would be more, adding that the County received a substantial amount of impact fees from commercial properties.

Ms. Barker said that the quantity of impact fees being paid for residential was higher, but the dollar amount being received would be lower.  She related that staff was looking for direction on rates, and that they would bring back any changes through an ordinance.

Commr. Parks opined that in the south part of the county, there would not be a problem with raising the transportation impact fee and the parks and recreation fee.  He commented that Fire Rescue was important to keep up with, and opined that if this was advertised there might be some more input.  He added that the County should continue on its commitment to use some General Funds for road maintenance.

Commr. Campione mentioned that funds were also needed for turn lanes, signals, and other transportation needs.

Commr. Parks commented that there was a need to resurface roads that were rated fours and fives, which was what the General Fund amounts were going towards.

Commr. Campione opined that it was important to distinguish the differences because it could be confusing, and that some people might think that the County was taking money from the General Fund to build new roads, noting that it was for maintenance on roads that were already there.  She elaborated that the impact fees were used to build new roads or to add to the width of a road.

Commr. Shields opined that in South Lake, most of the issues residents had were related to transportation, and that if there was a way to help fix this issue, it should be done, adding that the purpose of impact fees was to build the infrastructure which incoming populations would use.  He mentioned that there had not been any negative feedback from the business community, opining that there was support because better infrastructure helped local businesses, such as pool services and grocery delivery services.  He opined that it would be wise to increase the rates as much as possible, and that this could be a way to get ahead of the issue and to get the roads where they needed to be.

Commr. Parks commented that there was a cost associated to building, and that roads needed to be built concurrently with growth.  He opined that this could help with trail projects, Fire Rescue, and libraries, and that there was flexibility to adjust impact fees based on the economy.

Commr. Campione pointed out that it was important to provide opportunities for affordable housing, and that impact fees could increase the cost of a house significantly.  She mentioned that there was an infill waiver, which waived school impact fees, and a transportation waiver, and that there were opportunities to build affordable housing.  She commented that if there were builders and residents building on infill, they could utilize that as a mechanism to help with affordability, and knowing that residents could build on infill properties for a significantly lower cost helped her agree to the impact fee increases, opining that nice things had been built that were helping neighborhoods through new activity.

Commr. Parks mentioned that it could also apply to redevelopment.

Commr. Blake opined that this would be the time to put a hold on making it more expensive for Lake County residents, regardless of how well the County managed these funds.

Commr. Shields related that on the border with Orange County, builders with projects in Orange and Lake Counties charged the same amount for their houses even though Orange County was collecting much more in impact fees than Lake County.

Commr. Blake indicated an understanding that studies showed that those costs were passed on to the consumers, and if the builders took on the loss, it would result in hiring less employees and reinvesting less into their businesses.  He mentioned that impact fees were passed on to the buyers of single family homes and included in 30 year mortgages, which residents had to pay on regularly for the life of the loan, which constituted an unseen effect on the private sector, opining that Lake County residents did not want our county to be like Orange County. 

Commr. Shields relayed his understanding that Orange County developers wanted to build in Lake County because the costs were lower, and said that if their house prices reflected the lower costs, he would think differently, opining that they were not discounting homes based on the discounted impact fees.

Commr. Campione opined that national homebuilders were able to absorb costs and shift them around, and that many local builders used infill waivers on lots that were already existing in older subdivisions or old plats within municipalities, adding that this allowed them the ability to continue to build homes and to have their own businesses.  She opined that if a national homebuilder built for a lower amount in Lake County, the savings would not be passed on to the consumer, and that they would just make more money; furthermore, the County would be left having to provide for the transportation needs. 

Commr. Parks said that one of the drivers to live in Lake and Orange Counties was desirability, and that was what would determine the cost, opining that builders would not change their prices due to impact fees.

Commr. Blake opined that increased impact fees would be an issue if a Lake County resident wanted to upgrade a house or build a new house, and that there were many other possible situations in which that would be an issue.  He opined that this was not the time to increase impact fees, and said that he would prefer to see the money stay in the private sector.

Commr. Parks opined that the largest benefactors could be the national home builders, and that they also saw a need for roads and schools.

Commr. Blake remarked that if the national home builders wanted to pay more, they could do so voluntarily.

Commr. Parks opined that they would not do that, noting that they had stockholders to address.  He also commented that he appreciated the local builders.

Commr. Campione commented that the Affordable Housing Advisory Committee (AHAC) had the opportunity to suggest some revisions to policies for the BCC that would allow situations for local builders to do a more affordable housing project or neighborhood using State Housing Initiatives Partnership Program (SHIP) funds.  She relayed that for a resident who wanted to build a home on their lot, a $15,000 impact fee would be an issue; however, she opined that the majority of the construction was coming from out of Lake County, such as large homebuilders with large projects, which would add more traffic than Lake County had the funding to keep up with if it was not included in impact fee.

Commr. Smith expressed concern about the traffic and the growth of the County, reiterating that the transportation impact fee was for widening roads and constructing turn lanes, and that the General Fund was being used for resurfacing.  He mentioned that he had not heard as many complaints about potholes as he had about congested traffic, and that he was in favor of increasing the impact fee, noting that the population growth was impacting infrastructure.  He pointed out that impact fees would not affect the tax rates of Lake County residents, and that it would have a smaller impact on some of the local businesses and builders than the national homebuilders with larger projects.  He opined that it was a difficult situation, but that it was something that the County needed to move forward with because of the impact to the community.

Commr. Campione commented that each district had many situations, such as turn lanes that needed to be built and signal lights that needed to go in, and that those items relied on this funding.

Commr. Shields asked what the process would be to increase the fees to the full calculation.

Ms. Barker replied that there would have to be a justification process in order to go above the 50 percent maximum, noting that the County already had a study by an outside entity.

Commr. Shields indicated that he would be in favor of that.

Commr. Parks commented that the next step would be the ordinance and the advertisement, and that a couple of options included approving the maximum according to the study and approving the HB 377 maximum, adding that he was in favor of increasing all categories, including parks and recreation for trail construction.

Commr. Campione inquired how to override HB 377.

Ms. Marsh answered that it would involve another public hearing, and that staff or the consultant would present the findings and allow the public the opportunity to comment on it.  She stated that if those findings were approved, the ordinance could be adopted.

Commr Parks said that the County could do that first, and then if the Board did not want to approve the maximum based on the study, the HB 377 maximum could be approved.

Ms. Barker commented that in that case, there would just be the ordinance process, noting that because it was a 50 percent increase, it could only be increased 12.5 percent per year for four years.

Commr. Parks said he was in favor of doing that, and asked staff to look at the full justification based on the study as an option, and if it did not pass, the Board could do it incrementally per HB 377.

Commr. Shields opined that because the fee was so low in the north, a 50 percent increase would not benefit the County much, adding that there was much growth in that area.

Ms. Barker stated that with the Board’s consensus, staff would bring in Benesch to present to the Board the full calculation for all rates, and then there would be a public hearing.

Commr. Shields mentioned that the County might want to be at 95 percent of the full rate, just to be safe.

Ms. Marsh commented that if it was discounted slightly, there was more room to maneuver, and that in the event that the calculations or the methodology was challenged, it could be offset by showing that the full fee was not charged.

Commr. Parks agreed that the maximum should be at 95 percent for that reason.

Ms. Barker said that when Benesch came to present the full calculations, the 95 percent scenario would be included for approval.

other business

appointments to the Library Advisory Board

On a motion by Commr. Blake, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Andrew Hooten as the alternate member to the Library Advisory Board and to move the current alternate member, Ms. Jaynie Wilkins-Earley, to the primary seat representing the Town of Howey-in-the-Hills.

appointments to the Keep Lake Beautiful Committee

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the appointment of the following two new members to the Keep Lake Beautiful Committee; Ms. Deborah Jayne, who is a business owner or chamber representative; and Ms. Melissa Samar, who is a citizen representative.

appointments to the Children Services Council

On a motion by Commr. Smith, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board appointed the following individuals to the Children’s Services Council: Mr. Connor Hartman, to complete an unexpired term for Colonel Herbert Scott Smith and an additional two years as a Member At-Large; and Ms. Juana Delacruz as a Member At-Large.

appointment to the Planning and Zoning Board

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board appointed Mr. Carroll Jaskulski as the District 4 member to the Planning and Zoning Board filling an unexpired term ending January 31, 2023.

commissioners reports

commissioner shields – district 1

Groveland CRA meeting

Commr. Shields mentioned that he attended the City of Groveland Community Redevelopment Area (CRA) meeting, and said that they had issued an RFP to redevelop their old police station in the downtown area.

four corners meeting

Commr. Shields relayed that he attended a meeting in Four Corners with constituents in the previous week, and that they would continue to work towards a vision of what they could do there. He noted that several sheriffs presented the issues they had in the Four Corners area.

East Central Florida Regional Planning Council

Commr. Shields commented that he attended an East Central Florida Regional Planning Council (ECFRPC) meeting regarding public safety.

Live Well Foundation dinner

Commr. Shields related that he had attended a dinner for the Live Well Foundation, and that he had spoken to their Board afterwards, noting that they were wondering what they could do in the Four Corners area.

four corners cookout

Commr. Shields mentioned that there had been a cookout in the Four Corners area held by several not-for-profit organizations that he had attended a couple of weekends prior.

Orlando Cat café respirator project

Commr. Shields remarked that he and another Commissioner visited the Orlando Cat Café for the pet respirator project.

commissioner smith – vice chairman and district 3

noise and boater issues

Commr. Smith related that he had met with some residents who were concerned about noise and boater issues, and that when he had more information, it would be brought before the Board.

flag retirement ceremony

Commr. Smith said that there had been a flag retirement ceremony on the current day during Pride in America month, and he hoped that it could be an annual tradition.

national aunt and uncle day

Commr. Smith stated that the current day was National Aunt and Uncle Day. 

commissioner parks – Chairman and district 2

strong towns agreement

Commr. Parks stated that Tab 20 was discussion and approval of an agreement between Lake County and Strong Towns, adding that a revised contract had been presented to the County, and that there had been considerable discussion on this item at a previous BCC meeting.  He said that he had questioned what kind of communication would occur between a Strong Towns team implementing this program and the County concerning the joint planning area (JPA) effort with municipalities.  He mentioned that there could be public meetings for JPAs, which could be arranged by the ECFRPC, in order to implement the JPAs and revisions to ISBAs, and opined that there should be some kind of communication with all of those efforts.  He related that his questions had been answered, and that he was in favor of moving forward. 

Ms. Barker stated that there was also a page of deliverables attached to the new contract that Strong Towns had resubmitted.

Commr. Smith recalled that there were no funds in the budget for the ECFRPC who would be working with the Cities, opining that the Strong Towns idea was just a series of workshops.  He questioned why the County would use the $116,000 on the Strong Towns idea if the ECFRPC was doing the same thing, and he suggested giving the $116,000 to the ECFRPC for their services instead.

Commr. Parks opined that there was a large difference between the workshops and outreach that Strong Towns would do versus what the ECFRPC would do.  He related that the differences included required hearings for executing a JPA ordinance between the County and a City, and that Strong Towns would not do that.  He commented that the funding for the ECFRPC would be for doing the work that the County could do if there was enough staff, adding that they were very busy currently.  He opined that there would be a revised agreement with the ECFRPC which was less than what was proposed earlier. 

Ms. Barker said that it was being considered.

Commr. Smith mentioned that even though the Strong Towns idea was good, it would only include workshops, and he hoped that the Cities would agree with it.  He opined that the County should be doing work on the ISBAs, RPAs and the JPAs, which was what the ECFRPC could help the County with.

Commr. Shields opined that if the County and the Cities did not have a common vision on growth, then they could not get to the next steps, and that Strong Towns provided education; additionally, he opined that it was important to plan for the future of the county and the cities.

Commr. Parks opined that it would be hard work to get to a common vision, and that some Cities that agreed on the February 7, 2022 special meeting may not participate.  He mentioned that there was a proponent to Strong Towns that could help with a vision of where the County was going as a community, and that there could be some crossover with the JPAs that the ECFRPC could help with.  He commented that the countywide conservation strategy and the transfer of development rights (TDR) options were incentives, and that the County did not have enough staff to do the work in-house, which was what the ECFRPC could do.  He elaborated that the ECFRPC was helping with the tactical elements, and that Strong Towns was providing the long term vision, adding that he wanted to ensure they would communicate.

Commr. Blake mentioned that he had read through the deliverables, and that he was not in favor of the agreement.  He opined that visioning workshops were not useful, and that it was redundant.

Commr. Campione commented that she liked the concept of Strong Towns because it allowed an examination of the way things had been done historically and how towns and cities had developed, opining that it could help identify what was being done wrong and how to do it better in order to make them more financially resilient.  She opined that it could cause examination of how things had been done and how to do things better, and that there were some things in the JPAs and ISBAs that the County knew needed to be fixed, which could be done through basic negotiation and individual Cities working together with the County.  She opined that if there was a common vision, it would help, and that the mapping of potential conservation areas went hand in hand with that.  She commented that she could see the benefit of both ideas running concurrently, opining that the Strong Towns sessions would engage the public by exploring how they wanted the community to grow and how to change the direction of how it had been done in the past, and that the JPA and ISBA negotiations would be more for lawyers, City Council members, and the Commissioners trying to forge an agreement.  She opined that if there was some crossover, it could help formulate opinions and positions when negotiating the JPAs and ISBAs.

Commr. Parks opined that in the following months, the benefits of what Strong Towns was doing would be seen in the forging of some of the JPAs, and the mapping and sharing of development standards.

Commr. Campione hoped that a communitywide appreciation would develop for rural and agricultural areas and for the need of development standards that promoted financially strong cities.  She opined that if there was no delineation between developed areas, rural areas, and agricultural lands, then everything would be developed with subdivisions all the way to the edge of the Ocala National Forest or the Green Swamp; additionally, the places where residents lived also needed to be different.  She mentioned that it was complicated because different entities had to agree to the same standards and determine how to commit those things into an agreement.

Commr. Parks commented that he appreciated the Board’s comments, and that he understood the concerns, but he hoped that Commissioner Smith and Commissioner Blake would be engaged in the process moving forward.

Commr. Smith said that he would be in favor of the agreement if it actually accomplished something, but it was just an agreement for workshops which could be obtained online, opining that others had their own ideas on how they wanted to live.

Commr. Parks related that these would be workshops that the County would not be running, and that the Strong Towns team would do them a different way and get the public involved, opining that it was different when the County government was presenting just another workshop.

Commr. Campione opined that the Strong Towns team would encourage people to start talking, brainstorming, and being involved with these strategies, and that this could help the County with decision making and involving the community in the process.

Ms. Marsh noted that this agreement contemplated establishing an action team which was not made by Board appointment, and that she did not know who would be on that team, adding that if more than one of the Commissioners attended the meetings, items could not be discussed that could reasonably come before the Board in order to avoid violating Sunshine Law.

Commr. Campione inquired if the workshops could be advertised.

Ms. Marsh stated that the workshops could be advertised, and that the BCC could let Ms. Niki Booth, Executive Office Manager for the County Manager’s Office, know that more than one Commissioner was going to attend and to advertise it; furthermore, once it was advertised, the Clerk of the Circuit Court and Comptroller staff would need to attend to take minutes.

Commr. Campione suggested that after the workshops were scheduled, each Commissioner could choose a meeting to attend, ensuring that only one Commissioner was there.

On a motion by Commr. Shields, seconded by Commr. Campione and carried by a vote of 3-2, the Board approved an agreement between Lake County and Strong Towns.

Commr. Smith and Commr. Blake voted no.

flag retirement ceremony

Commr. Parks relayed that there was a flag retirement ceremony on the current morning to end Pride in America Month, and he thanked the Board for being there.  He commented that Commissioner Blake played the bagpipes in uniform for the ceremony, and that it added a nice touch to the ceremony, opining that he played very well.  He thanked the Lake County Historical Society for sponsoring the event and the Office of Library Services for their participation during Pride in America Month, and suggested that a proclamation could make Pride in America Month an annual event and include the Liberty Tree dedication.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:46 a.m.

 

 

 

 

 

 

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SEAN PARKS, chairman

 

 

ATTEST:

 

 

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GARY J COONEY, CLERK