A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

October 25, 2022

The Lake County Board of County Commissioners met in regular session on Tuesday, October 25, 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 and the Pledge of Allegiance. He stated that the Pledge of Allegiance would be given by Mr. Jonathan Carey who had been with the Office of Emergency Medical Services (EMS) for 12 years and currently served as the District Chief of Training for the Office of EMS. He explained that Mr. Carey began his career as an emergency medical technician (EMT) in 2010, and that he became a paramedic in 2012. He elaborated that Mr. Carey was promoted to Lieutenant Field Training Officer in 2015 and later to District Chief of Training in 2017. He mentioned that when not at work, Mr. Carey spent much of his time with his wife of 14 years and their three homeschooled children, and that he was also active at his church, the First Baptist Church of Umatilla.

Pastor Winston Simon, with Hope International Church in the City of Groveland, gave the Invocation, and Mr. Carey led the Pledge of Allegiance.

virtual meeting instructions

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

Agenda update

Ms. Jennifer Barker, County Manager, related that a revised ordinance for Tab 5 was attached, and that the verbiage was updated for Tab 20. She mentioned that for Tab 23, the funding amounts were updated and additional verbiage was added, and that Tabs 26 and 27 were both added as addendums since the agenda was first published.

Sales Surtax Committee report

Mr. Michael Rankin, Chairman of the Sales Surtax Oversight Committee, said that as required by Lake County Ordinance 2001-130, the Board had a packet of the reports for the activities, expenditures, and revenues of the one cent sales tax for fiscal years (FYs) 2022 and 2023. He stated that this was presented in an open forum on September 19, 2022, and that it was properly notified. He relayed that they had received some comments back from some of the Cities, the County, and the taxing jurisdictions about concerns, and that they were ready to move forward.

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 August 9, 2022 (Regular Meeting) and August 23, 2022 (Regular Meeting) as presented.

proclamation 2022-116 native plant month

Commr. Parks commented that members of the Florida Native Plant Society, Lake Beautyberry Chapter, were in attendance, and he welcomed them. He explained that proclamations were done to honor the values and hard work reflected in communities and to inspire and encourage others, noting that they also encouraged public participation.

Commr. Smith mentioned that proclamations also brought recognition to good causes throughout Lake County.

Commr. Parks read and presented Proclamation 2022-116, declaring the month of October as Native Plant Month, to Ms. Neta Villalobos-Bell, President of the Lake Beautyberry Chapter of the Florida Native Plant Society.

Ms. Villalobos-Bell explained that the Florida Native Plant Society was a statewide conservation organization with 33 chapters, noting that their chapter served north Lake County, and that the Passionflower Chapter served south Lake County. She expressed appreciation to Commissioner Parks for sponsoring the proclamation and to the Board of County Commissioners (BCC) for approving it, and she thanked staff who did invasive plant removals and restored habitat to natural landscapes. She related that her organization provided the following services: removed invasive plants; rescued rare and endangered plants on developed land, placing them in more suitable habitats; engaged in public outreach; sponsored field trips to natural lands in Lake County; held program meetings for education; distributed publications at festivals and events; and performed presentations for other organizations. She thanked the County for their support in protecting the environment.

citizen question and comment period

Mr. Ray Hayden, a resident of Lake County, related that on October 11, 2022, he had met with the developer of a 155 single family unit proposal being considered for the southwest corner of East Treasure Island Avenue and County Road (CR) 44 in the City of Leesburg, which had been denied by the City of Leesburg Planning and Zoning Board. He mentioned that the developer did not offer information about traffic safety, existing flooding issues, or stormwater runoff, and opined that the developer was not open to revising his current proposal. He commented that he offered a viable alternative development incorporating the Lake County rural conservation subdivision design standards, which included the following improvements: a 100 foot boundary around the perimeter; adequate retention for stormwater runoff; no impact on the existing wetlands; access to East Treasure Island Avenue instead of CR 44, which was a 55 mile per hour road; a traffic signal at the intersection of CR 44 and East Treasure Island Avenue; a plan to widen East Treasure Island Avenue at the entrance to the development; and appropriate bicycle lanes for both roads.

Mr. Gary Custer, a resident of Lake County, commented that he had lived on East Treasure Island Avenue for 30 years, and opined that it was a rural area. He mentioned that there were many development projects on CR 44 for the building of 1,375 homes, opining that there would be 2,750 more cars on the two-lane road, which was a dangerous situation. He expressed concern about the traffic and water displacement, noting that he had standing water in his yard for three days after the last storm. He opined that the road should be upgraded before all the houses were built.

Mr. Larry Mott, a resident of Lake County, expressed concern about the proposed subdivision on East Treasure Island Avenue, and relayed his understanding that the developer would have to fill in a pond, opining that it could be a sinkhole, which would have houses built on it. He indicated concern about the displacement of water, and opined that the developer was only concerned about retaining the water that would be created from the development. He opined that the retention areas they were proposing to use would not be adequate, and that the water would go to his property, noting that he had six inches of water in his yard for three days after Hurricane Ian.

Commr. Campione inquired if these comments were submitted to the City of Leesburg Planning and Zoning Board.

Mr. Mott stated that the second reading would be in the following two weeks, and that the City of Leesburg Planning and Zoning Board turned it down; however, he opined that the Leesburg City Commissioners wanted it approved because it would generate a substantial amount of revenue in taxes. He mentioned that he worked in the housebuilding industry, and opined that they had to be smart about it. He expressed concern about the traffic situation, opining that it would be more difficult to widen CR 44 with all the houses built along it.

Ms. Lisa Hayden, a resident of Lake County, related that the residents had presented the issues on East Treasure Island Avenue to the City of Leesburg Planning and Zoning Board, and that they were responsive; however, the Leesburg City Commission voted to transmit the project for annexation and large scale plan use development changes. She opined that when the area for the subdivision was filled in, the water there would travel south and west; furthermore, her neighbor already had standing water issues in her yard. She mentioned that the residents had met with the developer who said that if there was continuing flooding issues, they could sue the homeowners association (HOA). She requested that the BCC would send a letter to the City of Leesburg, asking them not to issue access permits on this development until the existing floodplain issues were resolved, and she presented a list of the concerns that had been discussed.

Commr. Parks commented that he had met with some of the residents who had spoken, opining that they were well organized and had valid points. He mentioned that even though this was not a zoning case that would come before the Board, these types of situations were becoming more common, and that people were concerned. He proposed that the Public Works Department could tell the City of Leesburg that the safety concerns on CR 44 needed to be addressed, and that the County could not approve this project until these conditions were met. He noted that the County could not tell the City what to approve, opining that there could also be a letter listing some of the other concerns, such as flooding.

Ms. Melanie Marsh, County Attorney, explained that driveway connection permits to county roads were governed by code, and that they were staff driven administrative processes, noting that if they met the requirements of the code, staff had to issue the connection permit. She related that if the intersection improvements were site related to this development, the County could require those; however, the County could not require the developer to take on the burden to make improvements if there was a current or existing deficiency. She mentioned that if the developer was willing to do something over and above a site related improvement, and the County wanted to pay for it to be done by using impact fees or cash, then that could be negotiated, noting that the County would have to be careful with this request because the connection to the road could not be denied if they met all code requirements.

Commr. Campione opined that the code could be revised regarding traffic and driveway connections and road standards and designations, and that this could give the County additional authority in these types of situations. She relayed that it would not solve the issues of Cities annexing properties with substandard conditions; however, she opined that it would give the County some tools to work with. She asked for staff to work on that and bring something forward for the Board to consider, opining that there could be a workshop going over what the limitations were and what could be changed in the code. She stated that she was in favor of writing the letter addressing the issues, opining that the Public Works Department may have already submitted comments.

Ms. Barker commented that staff had prepared a letter to go to the City of Leesburg regarding other developments, and that the letter could be redrafted to include concerns with the Treasure Trove development.

Commr. Campione opined that focusing first on transportation was important, and that this issue should go before the Lake-Sumter Metropolitan Planning Organization (MPO) to see if there could be improvements made to CR 44, such as elevation and safety projects, noting that this road was a major collector road that was impacted by the projects being annexed and approved by the City of Leesburg. She opined that the developer should not be able to impact those wetlands when doing the plat without an attempt for mitigation, and hoped that it would be protected with a sufficient buffer around it. She opined that the flooding issues should also be raised and taken into consideration by the City of Leesburg; furthermore, she suggested that someone could attend the City Council meeting and make a presentation on behalf of the County.

Commr. Parks reiterated that the County had to be careful with the language; however, he said that there were safety concerns and concerns about the cost to widen the road when there were houses built there, which should be expressed in the letter.

Commr. Shields stated that he was in favor of supporting the residents, and pointed out that the County would need revenue generated from impact fees to fix road issues, such as these.

Commr. Campione relayed her understanding that the City of Leesburg had suggested creating their own impact fee district as opposed to being a part of the County’s impact fee district, and opined that it was a complicated issue for unincorporated residents who could be negatively impacted. She noted that this road would be a mixture of unincorporated and incorporated residents, and opined that the County would need the revenue from impact fees to make improvements in areas like this.

Commr. Parks encouraged the Board to read the letter that was drafted and provide input, and he thanked the residents for coming forward and being involved.

Mr. Mike Smith, a member of the Groveland City Council, expressed his appreciation for the work that was done by the County for reducing the speed limit on Villa City Road. He mentioned that when he had presented the issue to the County, staff had responded to the issue and resolved it in a timely manner, and he opined that it would benefit the residents and also help with the truck traffic.

Mr. Marty Proctor, a concerned citizen, opined that the use of Commissioner reports to present controversial and debatable directives, ordinances, or amendments was an encroachment on the political liberty of Lake County citizens, and that this agenda location did not allow for public comments, discussion, or input from an affected party. He relayed his understanding that parliamentary procedure suggested that the use of this agenda location should be used for announcements, giving the Board the opportunity to speak of upcoming events, past events, accomplishments, awards, and other uncontentious items or occurrences within their districts. He opined that it was not a place for discussion, airing random thoughts, and public brainstorming about County business, and that new business should be handled within the regular agenda.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Blake, 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 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.

Greater Lakes/Sawgrass Bay CDD FY 2022/2023 Budget

Notice is hereby provided of having received the Greater Lakes/Sawgrass Bay Community Development District adopted budget for fiscal year 2022/2023 in accordance with Section 190.008(b), Florida Statutes, for purposes of disclosure and information only.

LCWA Charter amendment

Commr. Campione relayed her understanding that the Lake County Water Authority (LCWA) Board members had included a salary for themselves in their budget, which was approved, and that the charter language said that it was $25 per meeting, opining that the language would have to be changed in order for the salary to be implemented. She commented that this was not an oversight board, such as the Planning and Zoning Board, and that they had a budget, made recommendations, and set policy for the BCC’s consideration. She opined that if property transfers were going to be made by the LCWA, they should be brought before the Board for oversight, and that there was no intention to transfer conservation land. She also opined that the LCWA had discussed transferring the soccer fields, which would not make sense since there were volleyball courts and Hickory Point at that location. She mentioned that this was the LCWA’s only active park, and opined that the BCC should manage the active parks. She opined that some administrative changes should be made, including moving the LCWA into a department and moving the location closer to staff with technical expertise regarding issues, such as stormwater and water quality, and that those things could be addressed through a resolution by the BCC. She pointed out that these matters had been discussed, and opined that this was a better way for managing, finding economies of scale, working together, being more efficient, and making changes through resolutions.

Commr. Parks suggested that the BCC could have a workshop with the LCWA at a regular or special BCC meeting, noting that these were valid concerns.

Commr. Shields expressed his concern about changing the authority of the LCWA, opining that if they had the responsibility, they needed the authority to go with it; however, he was in favor of a workshop.

Commr. Smith relayed his understanding that the intent of House Bill (HB) 1105 was to bring synergies and economics together more seamlessly under the BCC, and stated that he was in favor of a workshop, opining that the changes that Commissioner Campione was proposing were necessary to ensure that there was collaboration between both Boards.

The Chairman opened the floor for public comment.

Ms. Susan Fetter, a resident of Lake County, mentioned that she monitored eagle nests in the area for the Florida Audubon Society, and that they had a strong eagle watch program with thousands of nests, which were monitored weekly. She commented that she had been watching the nests on the LCWA property known as LA010, and she displayed a map showing the area, which was situated on the Haines Creek side of the Flowing Waters Preserve property, noting that it was a protected wetland area with bears, woodpeckers, hawk nests, and native plants. She said that there was another eagle nest in the area of LA169, which was near Shangri La Estates, and that there was a small wildlife corridor in that area. She opined that the property had been expertly managed by the LCWA staff, and said that they had coordinated with the Florida Audubon Society to ensure the eagle nests were not disturbed with any of their activities. She opined that all the properties owned and carefully curated by the LCWA added value to the economy, and she hoped that the Board would keep these lands for the wildlife instead of development.

Ms. Cindy Newton, a resident of Lake County, asked the Board to clarify the operational and administrational directives, and opined that it could be used to remove any and all portions of the mission statement of the LCWA, including the possibility of dissolving it in the future. She opined that HB 1105 was a contentious issue and not well received, and that discussion on changing any of these directives would receive much attention. She said that she invited discussion, and opined that a workshop was a good idea.

Ms. Linda Kero, a resident of the City of Leesburg, mentioned that she was running for the Florida House of Representatives in District 26, and opined that the most important environmental issues facing Lake County were water supply and climate change. She elaborated that the Lake County waterways were vital to the economy and essential to the health of people and animals, and that Lake County was one of the fastest growing counties in the State of Florida. She relayed that the supply chain of clean water was threatened by algae blooms caused by too many chemicals, bacteria, nitrogen, and pharmaceuticals entering into the waterways from aging septic systems; additionally, there was rapid development without enough open space set aside to allow rainwater to percolate down into the aquifer. She opined that higher temperatures from climate change would result in higher electric bills, more severe storms with wind damage and flooding, more evaporation from the lakes, and a greater demand for water for irrigation, and that the solution was to have the State stop blocking attempts by local governments to protect the environment. She opined that developers should be required to prevent stormwater runoff, and that more funding was needed to help Cities convert septic tanks into sewage systems. She also opined that residents should reduce fossil fuel emissions, and that the State should promote solar and wind energy, switching to electric vehicles, and reducing waste. She stated that LCWA had been in the county since 1953, opining that it did a good job, and she hoped that the BCC would utilize the people who knew best about the environment and water systems to work with builders.

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

Commr. Campione remarked that the language for the administerial part was directed toward the staff issues, and that there had been discussion about consolidation and moving locations. She opined that the mission statement was important; however, there should be a mechanism to implement changes, which this ordinance would accomplish. She opined that a workshop would be a good way to clarify these issues and discuss how this transition could be made.

Ms. Marsh added that the only way to dissolve a special district via Florida Statute was to do an ordinance to dissolve them and go through the public hearing process, and that they could not be dissolved via a resolution through this administrative or operational directive.

Commr. Parks opined that to move forward, there should be a workshop.

Ms. Barker commented that it could be set up before the end of the calendar year.

Commr. Smith asked if there needed to be a motion made.

Ms. Marsh replied that the options would be to table the ordinance until after the workshop, move the whole ordinance forward, or bifurcate it to move forward with the salary issue and clarify it, noting that the LCWA Board could continue to be paid in accordance with this ordinance.

Commr. Campione mentioned that she would be willing to table the ordinance until after the workshop, and hoped that the LCWA would not transfer property or negotiate to sell property without conferring with the Board. She suggested that the Board could move forward with an ordinance ensuring that there would be no property transfers without the approval of the BCC.

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved to advertise an Ordinance amending the charter of the Lake County Water Authority, Section 24-10, entitled Powers of Authority, to address property transfers.

Commr. Shields voted no.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Parks stated that he would like Tab 14 pulled for a separate vote, noting that he had worked for this entity, and that he wanted to recuse himself from voting to avoid a conflict of interest.

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 5 through 18, pulling Tab 14 for a separate vote, as follows below.

On a motion by Commr. Blake, seconded by Commr. Smith and carried unanimously by a vote of 4-0, the Board approved Tab 14 of the Consent Agenda.

Commr. Parks abstained from voting.

COUNTY ATTORNEY

Recommend approval to advertise an Ordinance amending Section 2-90.44, Lake County Code, entitled Duties, to modify the semi-annual reporting requirements of the Sales Surtax Oversight Advisory Committee. There is no fiscal impact.

Recommend approval of First Amendment to Lease Agreement with the City of Leesburg for the Lake County Sheriff's Office Hangar at the Leesburg International Airport.

The fiscal impact for Fiscal Year 2023 is $14,898 (expenditure). Commission District 5.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval to terminate contract 21-0530 with PCDG Construction, LLC (New Smyrna Beach, FL) for renovations of Fire Station No. 15 (Pine Lakes). The estimated fiscal impact is $287,724 plus pending invoices (expenditure). Commission District 4.

Public Safety Support

Recommend approval:

1. Of Contract 22-754 for Public Safety Support Vehicle Repair and Related Services with ETR, L.L.C. (Sanford, FL); and

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

The estimated fiscal impact is $130,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Housing and Community Services

Recommend approval of grant funding and related agreements with 8 organizations that submitted applications through the Human Services Grant Request Proposal process.

The fiscal impact is $122,500 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Recommend approval of grant funding and related agreements with twelve organizations that submitted applications through the Children's Services Council Grant Request Proposal process.

The fiscal impact is $175,761 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Parks and Trails

Recommend approval:

1. Of Contract 22-747 for Delivery and Installation of Ballfield Clay at Various Lake County Parks with Tom's Playground of Central Florida Inc. (Eustis, FL); and

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

The estimated fiscal impact is $100,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Public Works

Recommend approval:

1. Of Contract 22-552 for asphaltic paving supply to CW Roberts Contracting, Inc. (Wildwood, FL); and

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

The estimated fiscal impact is $275,000 (expenditure) and is within, and will not exceed, the Fiscal Year Budget.

Recommend approval to advertise an Ordinance establishing a Municipal Services Taxing Unit to provide funding for the Wellness Way Transportation Network. The fiscal impact is unable to be determined at this time.

Recommend approval:

1. Of Contract 22-535 for stormwater pipe lining services to Advanced Pace Technologies, LLC (Clermont, FL), and Nu-Pipe, LLC (Greenville, NC); and

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

The estimated fiscal impact is $275,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Recommend approval to execute a Proportionate Share Mitigation Agreement with the Lake County School Board and Park Square Enterprises LLC. There is no fiscal impact. Commission District 1.

Recommend approval of Resolution 2022-138 to reduce the speed limit from 55 MPH to 45 MPH on Villa City Road to the end of the 40 MPH zone at Lake Catherine Circle to US 27 in the Groveland and Mascotte area.

The fiscal impact is estimated at $600 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 1.

Transit Services

Recommend approval:

1. Of Contract 22-939 with JMD Global Developers, LLC (Maitland, FL) for on-call construction of concrete bus pads throughout the County; and

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

The annual fiscal impact is estimated to be $436,265 (expenditure – 100 percent Federal Transit Administration funded) and is within, and will not, exceed the Fiscal Year 2023 Budget.

Recommend approval:

1. Of Contract 22-542 for transit operator services to RATP Dev USA, Inc. (Fort Worth, TX); and

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

The estimated annual fiscal impact is $7,356,306.65 (expenditure – 100 percent grant funded) and is within, and will not exceed, the Fiscal Year Budget.

lifestream behavioral center presentation

Mr. Jon Cherry, Chief Executive Officer (CEO) of LifeStream Behavioral Center, stated that his organization provided a comprehensive array of services for the citizens of Lake County, and that the County’s $1.4 million investment was used as a base of funding to draw in other funding from the State of Florida, the Federal Government, and many other sources to the amount of $55 million worth of services. He explained that services provided in their core system of care included Baker Act services, and that they were a public receiving facility versus a private receiving facility, which meant that they would accept all individuals that needed services under the Baker Act. He elaborated that they had a 24/7 access center at their hospital campus in the City of Leesburg, and that they had 86 inpatient beds on that campus for mental health and substance use disorders. He related that they had a need for additional residential services, and that they currently had 88 beds in seven different facilities for those with mental health and substance use disorders for adults and children. He added that they had a 34 room apartment complex from funding provided by the County, and that they operated it as low income housing. He stated that they had an array of outpatient services and day treatment services including two primary care clinics, four psychiatric clinics, and a medically assisted treatment clinic for opioid dependency, and that their total staff included six psychiatrists and 14 advanced practice registered nurses (APRNs), noting that in Citrus County, they provided services with only two psychiatrists and two APRNs. He relayed that in the last fiscal year, they increased their service continuum for the benefit of Lake County, with youth programs, such as the LifeStream Youth and Recovery Care Center, which was a 16 bed residential facility in the City of Clermont for the treatment of adolescent individuals and their families. He said that they created a new mental health residential level one facility of 16 beds in the City of Clermont for $7 million, which would accept individuals who would need five to six months of a level one facility before being able to live independently in the community in lieu of going to a state hospital. He commented that they opened the new 16 bed forensic residential facility at the campus in the City of Clermont in response to a dire need by the State, noting that individuals in the local jail who were deemed incompetent had to go to a state hospital within 15 days. He explained that as of nine months ago, there were 500 individuals in County jails that met that criteria; however, there were no beds available. He remarked that they responded with the 16 bed residential facility which was funded by the State, and that they were also able to secure Federal grants for a Certified Community Behavioral Health Clinic (CCBHC) and a Community Mental Health Centers (CMHC) grant from the Substance Abuse and Mental Health Services Administration (SAMHSA), which was the Federal agency responsible for mental health and substance abuse. He elaborated that those two grants were time limited and were about $2.5 million for Lake County to expand services, and he hoped that they could continue those services once the grants expired. He related that the new services anticipated for the current fiscal year included a 20 bed crisis stabilization unit in the City of Clermont, which they were not able to open the prior year because of staff shortages, and opined that it would be of great assistance to the Lake County Sheriff’s Office (LCSO) to have a Baker Act facility in the City of Clermont. He stated that they were renovating their old Eustis Academy to create an additional 24 bed residential facility, noting that they were granted $1.6 million by the State Legislature to fund it. He relayed that they would be creating a new 16 bed residential unit on the hospital campus in the City of Leesburg, and that they were planning for a new substance use facility, which would create 32 beds to help with the opioid crisis; additionally, they were looking for resources to renovate the Leesburg Academy, which would create another 32 beds for a residential level one facility. He related that they had served 16,496 Lake County residents in the previous year, which was about four percent of the population, and that they had evaluated 3,661 individuals at their Baker Act receiving facility in the City of Leesburg, which included voluntary and involuntary admissions. He remarked that they had provided about 220,000 episodes of care for the residents, and that 95 percent of those residents qualified for being indigent. He commented that they had 15 service locations in Lake County, and that they would like to add two more. He stated that they had over 600 employees working in Lake County, and that 460 of them lived in Lake County. He said that the economic impact of the $55 million budget for Lake County, when applied with the economic multiplier of seven, was a $385 million positive impact in economic terms. He mentioned that in the prior fiscal year, they had requested an eight percent increase of $89,000, which would have brought their allocation to $1.36 million, noting that it was not included in the budget for the current fiscal year. He requested that the Board would reconsider and provide that increase to their allocation in the current fiscal year, and pointed out that inflation was almost nine percent, medical inflation was 15 percent, and their increase in cost year over year was 15 percent. He relayed that workforce was an issue, and that they had 1,000 funded positions with over 500 of those specifically in Lake County. He mentioned that only two thirds of those positions were filled, noting that during the coronavirus disease 2019 (COVID-19) pandemic there were staffing shortages and workforce issues. He commented that employment had been increasing over the last six months; however, they had issues with nurses, child psychiatrists, licensed professionals, and others. He stated that in order to stem the flow of employees leaving, they had increased their salary structure in the previous year, and that the minimum salary of employees who had physical contact with patients was increased to $15 per hour, noting that for some positions, it was a 25 percent increase; additionally, other staff salaries were increased to a $14 per hour minimum, costing them $3 million annually. He mentioned that other expenses were increasing, and that their health insurance was increasing 40 percent, effective November 1, 2022; furthermore, other insurances were also increasing. He stated that opioid and fentanyl use was an issue, and that they had made progress with the opioid epidemic by creating a medically assisted treatment clinic with a psychiatrist and ARPNs, noting that they served hundreds of individuals there with opioid disorders. He expressed concern about fentanyl use, and said that they were trying to address the issue with treatment, noting that fentanyl was 1,500 times stronger than normal opioids. He commented that they would like to use the opioid settlement funding, which the County and the State would be receiving, to expand their substance abuse services in the opioid area, especially for residential treatments. He said that they would like to build a new facility with an additional 32 beds for opioid treatment by utilizing funds from the County to offset the cost, and that they needed assistance in funding the renovation of the Leesburg Academy, which they anticipated to cost $1.6 million, opining that Community Development Block Grant (CDBG) funds or other funding may be available.

Commr. Campione inquired if they were self-insured and if they had their own clinic.

Mr. Cherry replied that they were self-insured; however, they did not have their own clinic.

Commr. Campione commented that the County had been successful in that, and opined that it could be a model that could work for them. She opined that it was a way to reduce operating costs, and that more funding could be diverted into these much needed facilities for treatment. She mentioned that there had been discussion of utilizing some of the opioid settlement funds for court diversion, noting that there could not be a successful court diversion program without a place for individuals to be treated. She asked if he had a specific amount that they wanted.

Mr. Cherry said that he did not know how much the County would be receiving, and that he would like to have that discussion. He thought that they could build a facility and use this funding to help pay back the bonds, and that they could provide the funds to operate the facility.

Commr. Campione opined that regarding mental health issues, there was a deficiency and an inability to house patients when they needed that care, especially those who had violent tendencies from not being on medications regularly and other reasons, and that she was pleased to see these issues being addressed with treatment. She asked about CCBHCs and the CMHC grant program, and wondered if the pilot programs she had heard about in other parts of the country were related.

Mr. Cherry indicated that they were related, and commented that the CCBHC legislation was passed several years ago, noting that he was on the board of the national council; however, the State of Florida would not apply for it at that time. He explained that the 10 states that were approved had full-fledged CCBHC programs, and that it was reimbursed as a federally qualified health center, which was reimbursed 100 percent of the cost for Medicaid patients instead of 60 percent. He elaborated that in the prior year, SAMHSA decided to fund CCBHC grants through another mechanism, without the benefits, to provide some funding to increase services. He related that they had applied and were awarded a two year grant for $2 million per year; however, the continuations were reduced to $1 million, which would begin in six months. He commented that they had received a $2.5 million CMHC grant for two years to expand services, and opined that the current Florida Governor and legislature may allow the State of Florida to apply to become a full-fledged CCBHC with benefits.

Commr. Blake opined that in previous years, there had been an increase in substance abuse and overdoses, and he inquired what success was being seen in the residential opioid treatment programs.

Mr. Cherry replied that they had residential and outpatient programs, and that many of the individuals were outpatients who came in on a weekly basis, opining that there was good success among those who realized that they have a problem and have agreed on treatment. He mentioned that one issue was convincing those who needed services to come in and receive the services, and that their goal was to find a way to serve those individuals who were treatment resistant and to help them realize that they could receive help and live a different life.

Commr. Blake questioned how fentanyl had changed the way they had been dealing with these issues.

Mr. Cherry explained that fentanyl was being used in many illegal substances, including marijuana and prescription tablets, and that it was very deadly; additionally, there was no treatment for it, which complicated the issue.

Commr. Blake expressed concern about news stories about cocaine being laced with fentanyl, which caused overdoses.

Commr. Smith asked if he had come to the County with this increase request during the budget process.

Mr. Cherry said that he had made the request in writing during the budget process.

Commr. Smith relayed his understanding that the increase request for salaries, inflation, and expenses, such as fuel and insurance, would be unfunded.

Ms. Barker stated that it would be unfunded, and that she could make an adjustment in the budget.

Commr. Smith commented that he would like to help everybody, and opined that LifeStream did a good job; however, the County had many expenses and responsibilities. He wondered if there were some programs that were more beneficial than others, and if they could switch services around and proceed without more funding.

Mr. Cherry opined that they could not, and said that they were funded by the State to do specific things, noting that there were more services needed than what they were funded for. He stated that the County’s funding went towards helping with the 25 percent required local match for the State funds, particularly for the Baker Act services, such as the Baker Act receiving facility, noting that it was for public safety. He remarked that they needed help with the local match and with increased costs, opining that all that they did was essential.

Commr. Smith asked if LifeStream would not be able to receive the grant and provide services if they did not get the local match.

Mr. Cherry replied that the local match was required, and that if their funding wasn’t increased to at least keep up with inflation, they could not provide the array of services provided currently.

Commr. Campione remarked that without the local match, they did not have access to certain key things that were critical to their services in the community, and that the Baker Act issue affected the entire community, including law enforcement and hospitals.

Mr. Cherry related that psychiatric hospital beds were decreasing in the country, and noted that in the last three years, 12 hospitals closed down their psychiatric inpatient units.

Commr. Smith inquired if this qualified for American Rescue Plan Act (ARPA) funding.

Ms. Barker replied that it was qualified under ARPA; however, the County’s ARPA funds were already allocated. She said that staff could review the project list and rearrange some funding for the $89,000 increase.

Commr. Parks mentioned that it would only be available for one year.

Commr. Campione remarked that it would have to be addressed in the following year.

Commr. Blake commented that there was time to see what would happen to the economy in the following year.

Commr. Campione opined that with some of these programs, there would be an exponential benefit in the community, and that there could be some changes in the fentanyl situation and other issues; furthermore, the County could explore the possibility of CDBG funding to help with the facility in the City of Leesburg.

Commr. Parks inquired what the County had decided to do with the settlement funds, and what the current amount was.

Ms. Marsh replied that there were multiple settlements, and that each settlement was allocated in different ways. She commented that the County had entered into an interlocal agreement with 13 Cities to be used towards a drug court, and that some of the Cities had assigned their proceeds directly to the County and some had not. She relayed that if the County was going to use it for a different purpose than drug court, then the plan would have to be changed, and the Cities would have to agree to it, noting that the allocation could be figured at that point.

Commr. Campione opined that this other alternative should be presented to the Cities, and that the County could do both. She pointed out that the court would not be practical without a place to send the individuals for treatment, and opined that if the Cities took that into account, they could possibly support it.

Commr. Parks opined that additional funding could be obtained with CDBG funding, and that the County could let the Cities know about the request.

Ms. Barker remarked that staff could talk to the Cities; additionally, the new CDBG program application process would start in the spring, and the request could be evaluated for eligibility. She stated that she had direction to use ARPA funds for the $89,000 request, and that staff would explore the other options for the capital request.

recess and reassembly

The Chairman called a recess at 10:42 a.m. for 10 minutes.

presentation of the office of Visit Lake Rebranding

Ms. Mary Ellen Stern, Executive Director for the Office of Economic Growth, stated that Madden Media, the Office of Visit Lake, and the Office of Communications had embarked on a rebranding process, and that on October 10, 2022, the new logo and the rebranding was presented to the Tourist Development Council (TDC). She expressed appreciation for the various organizations and individuals who helped with the process, and she introduced Ms. Jen Carlisle, the Destination Strategy Director with Madden Media, who would be presenting the new brand and logo.

Ms. Carlisle commented that they were the official marketing organization for the Office of Visit Lake, and that in the prior year, they had worked in collaboration with the Office of Visit Lake and the Office of Communications to evolve and refresh the tourism brand. She explained that they gained firsthand knowledge of the traveler experience in Lake County through a full destination immersion, and that they gathered extensive research through surveys, focus groups, and interviews with leisure travelers in key markets who were familiar and unfamiliar with Lake County, various stakeholders, and audiences among Visit Lake owned channels, such as social media accounts and newsletter subscribers. She elaborated that they sought to better understand the current perception of Lake County as a leisure travel destination and the desires people had when planning travel to Florida as well as what the community valued and wanted to convey to those who wanted to travel to the area. She relayed that they combined these efforts with the results of a creative workshop done with staff as well as a brand perception workshop with the TDC to develop a positioning statement, a brand tagline, and logo concepts for the refreshed Visit Lake brand, “Discover Lake County Florida”. She opined that according to their research, Lake County tourism needed a strong typographic treatment as an inviting, outdoor escape for adventure and relaxation, and that the new logo added a friendly invitation to stay a while, explore, and discover everything that made this place amazing. She displayed the various logos, the color palette, photography style, and several examples of how the brand could be used with non-digital advertising, such as apparel, stickers, decals, cups, and other merchandise, and said that the logo iterations, color treatments, photography style, and various fonts for the new brand were outlined in their brand standard’s guide, which would be the guide by which “Discover Lake County Florida” communicated across leisure, sports meetings, and other verticals of tourism.

Ms. Stern noted that the rebranded logo included the messaging, the graphic, and the identifiable and consistent brand, opining that it would attract countless visitors to come, stay, and discover Lake County. She relayed that the rebrand would not change the office name, and that staff recommended the approval of the new logo and rebrand from Visit Lake to “Discover Lake County Florida.”

Commr. Parks expressed appreciation for all the hard work, thought, and effort, opining that “Discover Lake County Florida” was a good way to encourage more that just visiting. He remarked that he was in favor of the rebranding, and opined that some of the merchandise displayed could be sold to go into a designated fund.

Commr. Campione stated that she was in favor of the use of the term “Established 1887” in the logo.

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the new logo and rebrand from Visit Lake to Discover Lake County Florida.

presentation of the Lake County Fairgrounds Master Plan

Ms. Stern stated that in 2021, Lake County engaged Rhodes + Brito Architects, Inc. for master planning and market study services for the new fairgrounds property located at CR 448 and State Road (SR) 19 near the animal shelter, and she introduced Mr. Ruffin Rhodes, Principal and Director of Operations with Rhodes + Brito Architects, Inc., and Mr. Keith Oropeza, Master Planner with GAI Consultants, who would give an update on the planning process, market and site analysis, and master plan site diagram; additionally, some of their team members were attending via Zoom webinar and would be available for questions.

Mr. Rhodes remarked that there were two goals they wanted to achieve, including briefing the Board on an update of the status of the fairgrounds master planning and discussing decisions that needed to be made in order for them to move forward. He introduced some of the staff members, outlining their responsibilities, and explained that there were five major phases in the master planning process, including the following: kick off, which was 100 percent complete; market analysis, which was 100 percent complete; data collection, which was over 70 percent complete; conceptual master plan, which was over 45 percent complete; and the final master plan, which they had yet to begin. He elaborated that the market analysis was provided by Hunden Strategic Partners, and that it was presented to the County staff on March 11, 2022, noting that Lake County was growing and had a need for big meeting venues. He mentioned that the market analysis key questions included the following considerations: the existing conditions and likely future for the Lake County Fairgrounds; the vision for the new fairground's development, such as driving economic impact to the County and supporting community events; the existing market conditions locally and regionally that justified a new fairgrounds development; comparable developments existing across the country; relevant developments existing locally and regionally that may impact the success of the Project; and event-oriented facilities that were warranted at the new fairgrounds and how they would perform. He related that the findings included the following: a severe lack of significant indoor event and meeting space in Lake County; continued growth in population and corporate presence as part of the build-out approach of the City of Orlando’s urban core; an influx of visitors driven by the strong presence of sports and outdoor recreational activities around the County; and a need for high-quality amenities that would aid in maximizing the types and sizes of events held. He commented that the original fairground buildings were constructed in the late 1960’s and were outdated, and that in order to compete regionally, new facilities would need to be provided. He remarked that the market analysis team provided a comparable analysis with other fairgrounds in the southern states area, and that their recommendations included the following: a 55,000 square foot events center with a 30,000 square foot exhibit hall, a 10,000 square foot divisible formal banquet meeting room, and 15,000 square feet in the front and back of the house; a 40,000 square foot agricultural outdoor event facility with a 25,000 square foot arena building and a 15,000 square foot open-air pavilion; and onsite amenity buildings, such as restrooms, dressing rooms, concessions, and a prep/warming kitchen. He said that the recommended square footage of buildings for the new property was double the amount of the current facilities, and that there were other recommendations, such as 3,000 onsite parking spaces. He relayed that his design team toured the current facility on April 8, 2022, which was the opening day of the fair, and that they had the opportunity to see what the critical facility needs were and other considerations to make operations more efficient; furthermore, they used this information to provide a detailed program which addressed each of the facilities. He remarked that their design team toured the site, which was south of CR 448 near the Lake County Animal Shelter and across the street from Lake Idamere Park, and that there was nothing remarkable from a visual observation that would prevent them from developing this site. He mentioned that according to the zoning records, the fairgrounds would be an appropriate use on this property, and that they understood the setbacks required and the minimum parking required. He expressed concern about the amount of acreage, and opined that there would be a deficit, noting that there was a need for 45 acres on the 41 acre lot; additionally, for future growth they recommended at least 68 acres. He stated that the County owned 27 acres to the east, which was zoned appropriately and was currently being used for the Renaissance Fair event; additionally, they wanted to use four to five acres of the Lake County Landfill for overflow parking for future growth. He displayed a concept diagram, and described the layout of the facilities, the open area, the carnival area, retention areas, and parking areas, and said that they had identified for each parking lot the approximate number of vehicles they could park, which was nearly 4,700 vehicles, allowing for future growth. He concluded that they needed a consensus on the utilization of the extra 27 acres to complete the final master plan and other tasks.

Commr. Parks inquired how many people would be able to fit in the proposed 55,000 square foot facility and how many seats that would be.

Mr. Rhodes opined that it would be around 400 to 500 people.

Commr. Parks wondered if that would be a venue for a large show or small concert.

Mr. Rhodes indicated that this was correct, and added that there would be a 10,000 square foot meeting room that could be divided into two meetings as well as a showroom and 15,000 square feet in the front and back of the house.

Commr. Shields asked how many people could attend a banquet.

Mr. Rhodes replied that it could seat 600 to 700 people, opining that there was not a space like that in Lake County.

Commr. Shields opined that at the 2021 International Waterski and Wakeboard Federation World Waterski Championships, they could have sold 600 tickets, but their biggest facility was for 400 people.

Mr. Rhodes opined that because of the growth in Lake County, there would be many entities looking for spaces like that to rent out, and that this would be a year-round facility, noting that the County would make revenue from it year-round.

Commr. Smith questioned how the event center was split.

Mr. Rhodes explained that the front of the house would be a large lobby or reception area with restrooms, and that the back of the house would be for service areas and loading docks.

Commr. Smith opined that it would be good if Lake County schools could have graduation ceremonies in Lake County instead of the University of Central Florida (UCF), and he wanted to ensure that there was space large enough and versatile enough for those types of events.

Commr. Campione opined that most high schools would have to go to UCF, and she wondered if the courtyard or the arena area would work.

Mr. Rhodes replied that the courtyard was an open area where vendors would set up their eateries during carnivals; however, it could be used for outdoor events at other times.

Commr. Parks opined that if there was a parking garage, then some of that area could be opened for expansion; however, parking garages were expensive.

Mr. Rhodes estimated that it would cost about $1,000 per space.

Mr. Oropeza commented that the fair was the worst case scenario because all that space would be needed; however, that was only three weeks out of the year, and that for the rest of the time, the function of the facilities would require less parking spaces.

Commr. Parks relayed his understanding that other places, such as Lee County, managed their facilities with a hotelier and made them larger, and opined that even though it was more of a risk, they obtained a greater reward, noting that this could be another option for Lake County.

Mr. Oropeza mentioned that even if the facilities were expanded, there would still have to be 12 acres for the carnival somewhere, which could also be used for tented events or festivities at other times.

Commr. Campione inquired if there could be sports fields in the carnival area as an overflow area to sports, such as soccer games.

Mr. Oropeza opined that it would be challenging because a carnival would tear up the sod.

Mr. Rhodes stated that there would also be some walkways and hardscape for emergency walking.

Mr. Oropeza opined that there would be a possibility for outdoor play; however, it could not be a sanctioned game because the field may not meet the standards.

Commr. Campione questioned if the main building would be like a convention center with amenities, such as rollup doors for boat show.

Mr. Rhodes replied that there would be rollup doors and a loading area in the back, making it possible for car shows and gun shows.

Commr. Campione asked if the 20 acres to the south was available.

Ms. Barker replied that this area was permitted for the landfill, and that it was currently being used for the clay and dirt in that area to close the landfill and for stormwater, which usage could not be comingled because of the permitting through the Florida Department of Environmental Protection (FDEP).

Commr. Parks commented that the Renaissance Fair used a section of this property.

Commr. Campione stated that there was time to help them find another location, opining that it would not make sense to hold up development for a Renaissance Fair. She relayed that they raised funds for the education foundation; however, there were many other locations that could accommodate that.

Commr. Parks opined that they were also a tourism draw, and that they were concerned about being moved and not having another site.

Mr. Rhodes relayed his understanding that they used this site once a year, and opined that there would be a portion of the site that could be used, noting that they would have to work that out with those managing the fairgrounds property.

Commr. Campione remarked that there was an option showing less parking with a future expansion into that area, which could give the Renaissance Fair a transition time.

Ms. Barker related that this was the property they utilized, and that they were currently not using the western five acres of that area. She commented that they had asked for additional parking within that five acres, and opined that there could be a way to accommodate them.

Commr. Campione relayed her understanding that they needed transportation access, a good location that people could easily find, electrical connections and infrastructure, and trees and forests. She mentioned that they had looked at the Florida Elks Youth Camp in the City of Umatilla as a possibility, and that it had potential.

Commr. Parks opined that they did not like that idea because of the distance.

Ms. Marsh stated that there had been an agreement extension signed by them that would be coming before the Board soon that would allow them to use this property through 2025.

Commr. Campione said that she was not in favor of the extension going through 2025.

Commr. Blake inquired if there was a condition in the agreement to terminate.

Ms. Marsh answered that there was typically a termination for no reason provision, and that she would have to review it. She relayed her understanding that the area designated for overflow parking was part of the FDEP permit, that there could be no vehicles parked on that property.

Commr. Campione asked if there was a way to amend the FDEP permit.

Ms. Marsh replied that the Public Works Department could review that.

Commr. Campione opined that it would be worth exploring that option.

Commr. Parks opined that if FDEP knew about the project they would be willing to work with the County, and that since there was a plan to put the fairgrounds out there, they may allow the County to do some small scale landscaping.

Commr. Blake relayed his understanding that there were golf courses in Sumter County where a landfill used to be.

Commr. Campione mentioned that the County had not taken household waste to this landfill.

Mr. Rhodes pointed out that this area would only be used for overflow parking.

Commr. Smith opined that there were plenty of places in Lake County for the Renaissance Fair, noting that they were at Hickory Point before moving to this location, and that the County could help them locate property; additionally, the Lake County School Board may have some property available. He said that he was not in favor of stopping this type of an economic driver for an event that took place two weekends per year.

Commr. Blake stated that he concurred, noting that the County had been gracious to allow them to use this property.

Commr. Parks commented that he would like to explore a way to accommodate the Renaissance Fair, opining that the trees could remain on the site, and that cars could be parked underneath them. He stated that this facility needed to be a good revenue model for the County, opining that it should be operated and filled six days a week.

Mr. Rhodes remarked that the market analysis showed that there was potential for this facility to be an economic driver for Lake County year-round, and opined that it would have more use than just two or three weeks for the fair.

Commr. Campione opined that it was the activity that it had all year-round that made the facility viable, reiterating that the Renaissance Fair was only two weekends a year; however, she wondered if there could be pine trees on the site for the parking.

Mr. Oropeza said that when they did a detailed design, they could consider those requests, and that they would not clear-cut the area, noting that it would be done sensitively because it was a nice piece of property.

Commr. Campione remarked that it would be good to accommodate the Renaissance Fair; however, even if that was not possible, she would still appreciate incorporating some of the mature pine tree forest into the fairgrounds.

Commr. Shields questioned who would operate the facilities for events, such as banquets.

Mr. Rhodes replied that it had not been discussed, and that most agencies he had worked with were municipalities who had vendors come in for special events, noting that it was leased out for events, such as high school reunions.

Commr. Campione inquired if the County owned all of Lake Idamere Park, and Ms. Barker replied that the County owned the trails and the woods. Commissioner Campione wondered if that would be adequate for the Renaissance Fair with parking at the fairgrounds.

Ms. Barker opined that it would not be big enough.

Mr. Bobby Bonilla, Director for the Office of Parks and Trails, stated that Lake Idamere Park was 45 acres, and that there was a slender area to the east. He opined that there was about 15 acres on the west side of the park, which had been potentially planned for a multipurpose Americans with Disabilities Act (ADA) accessible field; however, there was property to the east of Lake Idamere Park that bordered CR 561 that was for sale.

Commr. Parks opined that there was restoration work being done in the wooded area.

Ms. Barker asked if there were grant requirements for the restoration area, and Mr. Bonilla indicated that there were none.

Commr. Smith inquired what direction was needed to proceed.

Mr. Rhodes indicated that they needed approval to use the additional 27 acre parcel for the full master plan and the County Landfill area for overflow parking.

Commr. Parks opined that the management of the fairgrounds would be important, and that before they spent funding on it, the County should know how to collect revenue from it. He also opined that other options could become available with the surrounding property, which could change circumstances.

Commr. Smith commented that he would like more data on their market analysis.

Ms. Barker said that staff could provide that study, and that staff could contact FDEP and discuss amending the permit and adding landscaping to the landfill.

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved using the extra acreage needed for the Master Plan in combination with helping the Renaissance Fair with a new location.

public hearing: ordinance 2022-45 Adopt-A-Trail Program

Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING ARTICLE III, CHAPTER 16, LAKE COUNTY CODE, ENTITLED ADOPT A PARK PROGRAM; PROVIDING FOR AN ADOPT-A-TRAIL PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Ordinance 2022-45 amending Article III, Chapter 16, Lake County Code, to incorporate an Adopt-A-Trail Program with the Adopt-A-Park Program.

regular agenda

library services request

Mr. George Taylor, Director for the Office of Library Services, presented the second part of the 2022 impact fee request, and recalled that at the August 23, 2022 BCC meeting, the Board directed library staff to review the Town of Howey-in-the-Hill’s Homeschool Collection request for duplicates and popularity, which was found via frequency of checkouts of the items in the circulation system. He noted that the original request was for $40,260 for about 2,500 titles, and that upon review by staff, they found that duplicates would be about half of the requested collection of approximately 1,377 titles for about $20,000, 160 of which had not circulated at all over the prior year. He added that non-duplicates or unique titles would be approximately 1,123 titles for about $20,000, and that the highest circulation of duplicates per copy was six per year. He related that the Town of Howey-in-the-Hills was currently requesting $21,707 for 1,136 titles, which had been recommended by his staff with a few adjustments made by the Town based on their needs. He commented that the second request was for the City of Mount Dora Manga Collection, noting that manga was a form of Japanese anime that was put into a graphic novel and read backwards. He said that it included a 50 percent request of $11,000 from the impact fee grant with the other 50 percent coming from the City of Mount Dora for approximately 1,100 titles of non-duplicate titles recently published.

Commr. Smith inquired if Mr. Taylor and his staff were content with the W.T. Bland Public Library amount, and Mr. Taylor indicated that they were.

Commr. Parks opined that Mr. Taylor and his staff did a good job, and that the process was fair.

Commr. Blake expressed appreciation for Mr. Taylor for reviewing those items, and commented that it was important to be fiscally responsible, noting that half of the funding request was saved by going through that basic exercise.

On a motion by Commr. Blake, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved of the following funding levels: W.T. Bland Public Library Manga Collection at $11,000; and Marianne Beck Memorial Library Homeschool Collection at $20,707. The Board also approved of a budget transfer in the amount of $81,075 reallocating funding from Aids-Govt Agencies for operating supplies for the purchase of the Newline Displays, as approved by the Board on August 23, 2022, and to authorize the chairman to sign the associated interlocal agreements.

Provident Housing Solutions

Ms. Maria Abdoulkarim, Director for the Office of Housing & Community Services, stated that this request was related to a contribution of $460,000 to Provident Housing Solutions for the proposed development of 81 affordable housing units for seniors located in the City of Clermont, and that payment would be contingent upon the developer receiving funding through the Low-Income Housing Tax Credit (LIHTC) Program. She explained that these funds would be reserved through the U.S. Department of Housing and Urban Development (HUD) HOME Program for FY 21-22, provided the project met the program eligibility standards; additionally, this would allow the Chairman to execute the Local Government Verification of Contribution Loan Form to be submitted with the LIHTC Program application.

Commr. Campione mentioned that if the number of units was divided by the County’s requested contribution and they were awarded the LIHTC Program, then it would be about $6,172 per unit for the County. She asked if there were any other applicants or projects that requested this funding.

Ms. Abdoulkarim replied that there was additional home funding for two fiscal years, and that they would be opening an application period in November 2022. She noted that an advertisement must be posted for 30 days in advance, and that it would be posted in the following week. She explained that within that 30 day time period, they would review all of the applications; additionally, they would be holding a workshop for developers to learn what those funds could be used for and what the compliance requirements were for the funding.

Commr. Campione inquired if this funding would take away from what was available.

Ms. Abdoulkarim answered that this would be taken from the first allocation, which would leave them with a balance for the first fiscal year of about $2 million.

Commr. Smith mentioned that there were no funds budgeted through the General Fund, and that the current County’s commitment allocation for the State Housing Initiatives Partnership (SHIP) funds was currently committed or encumbered; additionally, this had to be approved by the HUD HOME Program.

Ms. Abdoulkarim remarked that this was separate funding, and that the SHIP allocation would be through State funds, noting that this would be home funding through the CDBG.

Commr. Smith questioned if their eligibility had been confirmed.

Ms. Abdoulkarim explained that the application had to be submitted by the following month, and that they could receive a response through late December 2022.

Commr. Smith asked if the County would be committed to pay the request out of the General Fund if the Board approved this funding and it was not eligible.

Ms. Marsh indicated that the County would not have to pay, noting that the letter that was in the backup material was very detailed about all of the things they would need to meet in order to qualify for the funding.

Commr. Campione commented that there had not been opportunities in the past to have these types of projects because the funding was not available, and that this was a way for the County to help address affordable housing needs. She said that she was in favor of it, and that if the applicant was not eligible, the funding would go back into the overall funding source for other applicants to apply for. She pointed out that this funding could not be used for anything else, such as running County operations or offsetting County funds, and that it was not being taken from local tax funds.

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved of the following: a local government contribution in the amount of $460,000 to Provident Housing Solutions for the proposed development of 81 affordable housing units for seniors, located at 13550 Hunt Trace Boulevard, Clermont, payment of which is contingent upon the developer receiving funding through the Low-Income Housing Tax Credit (LIHTC) Program offered through the Florida Housing Finance Corporation; reserve funding through the HUD HOME Program, provided the project meets eligibility standards for this purpose; and to authorize the Chairman to execute the Local Government Verification of Contribution Loan Form to be submitted with the LIHTC Program application.

presentation of the 2023 legislative priorities

Ms. Niki Booth, Executive Office Manager for the County Manager’s Office, presented the revised proposed 2023 Legislative Priorities, and said that at the September 27, 2022 BCC meeting, the proposed legislative priorities included the following: the South Lake Trail boardwalk replacement and multi-use trail improvements funding request of $500,000 for construction costs; the Neighborhood Lakes Scenic Trail & Trailhead improvements funding request of $400,000 for design and construction; the bear proof trash cans funding request of $275,000; and the proposed legislation for rural protection areas (RPAs). She related that the new proposed list included the Golden Triangle Regional Park East Campus, which was a 25 acre lakefront site located in the City of Tavares. She noted that the County’s adopted Parks & Trails Master Plan identified the need for a regional park to serve residents in the Golden Triangle area of Lake County, and that this was a public/private partnership project with the City of Tavares and the YMCA.  She mentioned that the recreational program elements included the following: regional multi-use trail connections to the North Lake Trail and Wekiva Trail system;  multi-purpose and trailhead buildings; improvements to the Health & Wellness aquatic center; lake access; and improvements for camping, fishing, paddling, kayaking, canoeing, multi-purpose fields, pickleball courts, tennis courts, volleyball courts, pavilions, playgrounds, a dog park, and parking, noting that the legislative funding request was $4 million for surveys, inspections, master planning, design development documents, and construction services costs. She relayed that another new proposal was the Pine Lakes Fire Station 15, which was located in the Pine Lakes area in a residential neighborhood, and that due to the age, location, and condition of the existing station, renovation of the building would not provide a good return on investment; therefore, a piece of property on SR 44, which was being donated to the County, would be used to build a replacement station. She explained that call data showed that the proposed relocation would be beneficial to operational response, and that the funding request was $2 million to complete the funding for new construction. She commented that another proposal was to expand the use of Tourist Development Tax (TDT) funds to allow for planning studies, noting that Section 125.0104, Florida Statutes, allowed Counties to impose a tax within its boundaries on transient rental transactions, and that Subsection (5)(a)1, Florida Statutes, allowed the funds to be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote a variety of tourism-related venues; however, by listing in such detail how the money could be spent, the statute effectively disallowed the use of the funds for feasibility and project development and environment (PD&E) studies, which were an integral part of acquiring and constructing these kinds of infrastructure. She elaborated that in 2018, the State Legislature amended Section 125.0104(5), Florida Statutes, and added a new subsection that allowed Counties receiving more than $10 million in TDTs each fiscal year to use those funds for any related land acquisition, land improvement, design and engineering costs, and all other professional and related costs required to bring public facilities into service. She said that Lake County and other Counties throughout the State of Florida should be treated equally; therefore, the County supported clarification of the statute so that Counties who received less than $10 million in tourism funding had the same opportunity to utilize those funds for design and engineering costs associated with the allowable uses under Section 125.0104(5)(a) and (5)(b), Florida Statutes. She commented that the last proposal was to allow local governments to regulate certain aspects of medical marijuana facilities, noting that Section 381.986(11), Florida Statutes, stated that regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers was preempted to the State except that facilities could not be located within 500 feet of a public or private school, local governments could ban dispensing facilities, and local governments could enforce the Florida Building Code, or the Florida Fire Prevention Code; furthermore, Section 604.50, Florida Statutes, exempted nonresidential farm buildings from the Florida Building Code and from any local government code. She remarked that medical marijuana facilities generated excessive noise and lighting complaints from adjoining residential property owners, and that the County would request to amend Section 381.986(11), Florida Statutes, to allow local governments to regulate aspects of these facilities that were more similar to industrial processing than agricultural uses, such as noise and lighting. She mentioned that the Lake 100 meeting would be on December 8, 2022 and Legislative Days would be February 15 and 16, 2023, and she requested that the Board would approve Lake County’s 2023 Legislative Priorities.

Commr. Campione expressed concern about the issues regarding medical marijuana facilities, and stated that the Board had no authority to do anything about the issues, opining that the State could also change the law by placing minimum buffers and regulating it themselves. She commented that it placed the County in a difficult situation because of the impact, and opined that the County was in the best position to craft the rules that would address particular situations.

Commr. Parks stated that he was in support of this, and opined that the State could let the County help regulate these facilities from a zoning standpoint.

Commr. Campione remarked that because they were placed in the category of the Florida Right to Farm Act, the County could not do anything about it.

Commr. Parks clarified that the new priorities were in addition to the first four that were mentioned, and opined that the Golden Triangle Regional Park East Campus was a good addition. He asked if the widening of Hancock Road from Hartwood Marsh Road north to SR 50 was on the list of priority projects (LOPP), opining that it was a $25 million project; furthermore, he noted that the County would be meeting with the Florida Department of Transportation (FDOT).

Commr. Campione remarked that this project would not go on the list of legislative priorities.

Ms. Barker stated that there was a risk of reallocating funding away from other projects within the FDOT plan.

Commr. Parks mentioned that it had been done in the past.

Commr. Campione commented that the County could receive the funding; however, she opined that funding would then be taken from another project in the Lake-Sumter Metropolitan Planning Organization (MPO).

Mr. Fred Schneider, Assistant County Manager, indicated that this project was on the LOPP for some part of the process, such as engineering or design.

Commr. Parks opined that regarding trail projects, there should not be any risk as long as the County was communicating with FDOT.

Ms. Barker relayed that the County had received legislative funding for two trails in the prior year, the Wekiva Trail and the trail off of CR 455 in the Surgarloaf Mountain area, and noted that the County did not have to reallocate FDOT funding for those two trails because it came from a different allocation.

Commr. Parks mentioned that as long as the project was on the LOPP, it could be lobbied for individually, noting that it was a high priority.

Mr. Schneider commented that there should be research before placing trails on the legislative priorities list to ensure that there was available right of way.

Ms. Barker remarked that these projects were for renovations to the existing South Lake Trail.

Commr. Campione agreed that the road widening project was a high priority, and mentioned that even though it was not on the legislative priorities list, the County was seeking assistance from the State for funding, noting that there was a different process for that funding.

Commr. Parks suggested septic to sewer conversion as a legislative priority, and opined that there could be a general statement made encouraging the legislators and the Governor to continue to fund septic to sewer conversion, noting that it could benefit Lake County. He said that there was a study for the Lake Minneola nutrient loading, monitoring, and source tracking, and that there had been sucralose found in the lake, which was coming from septic tanks.

Commr. Blake inquired if the study was able to deduce how much leakage was occurring from the amount of sucralose.

Commr. Parks remarked that the study’s recommendation was to fund septic to sewer conversion because it was coming from the septic tanks in the geographic area of the north side of the lake, opining that they did not know how many septic tanks were leaking; however, it was a noticeable issue.

Commr. Campione mentioned that in the past, they looked for nitrogen, and that there was now a way to show that the contaminants were not from farm animals and fertilizer. She said that Lake County could give support to any other groups who were lobbying for ongoing funding for septic to sewer, and that the County could also write a letter to the Governor’s Office or other legislative body showing support for that funding.

Ms. Barker commented that she could determine if there was any potential legislation possibilities, and said that it could be an opportunity for the Board to pass a resolution or provide a letter of support, noting that it would not be a request.

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the 2023 legislative priorities as updated.

Joint Planning Agreement with the City of Mount Dora

Commr. Campione mentioned that this issue had been discussed before, and that the County had asked the City of Mount Dora to strike the offending language and keep the joint planning agreement (JPA) in place. She related that it was not placed on their agenda, and that in their discussion, they had directed their City Attorney to negotiate new JPA language. She proposed a new letter for the Board’s consideration, and asked that the Board would approve it, opining that there could be an interim JPA negotiated in its place.

Commr. Smith opined that it clarified which section was unenforceable, and said that he was in favor of it.

Commr. Campione commented that she had tried to add a section about the issues with the Wolf Branch Innovation District, and noted that there were applications being submitted for it, opining that it was more involved than just adopting the City’s Land Development Regulations (LDR) and Comprehensive Plan (Comp Plan). She opined that if the different parties could see what they were losing versus what they were gaining, they would be more agreeable; otherwise, the County could incorporate some of what those property owners already had and some of what they would be obtaining under the new plan.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to terminate the Joint Planning Agreement (JPA) with the City of Mount Dora as the JPA contains a provision that is contrary to law, to authorize the Chairman to send the required termination notice, and to continue working with the City of Mount Dora on developing a new JPA as part of the joint planning initiative facilitated by the East Central Florida Regional Planning Council.

commissioners reports

commissioner shields – district 1

League of Cities meeting

Commr. Shields mentioned that there was a League of Cities meeting on the previous Friday.

commissioner smith – vice chairman and district 3

2022 Senior Expo

Commr. Smith related that the 2022 Senior Expo would be on October 27, 2022 at the Lake Square Mall, and that it would show the services that Lake County had for senior citizens and other resources.

rural protection areas

Commr. Smith said that he met with several residents about the RPAs, such as the Yalaha-Lake Apopka RPA, and the Wekiva River Protection Area.

National Greasy Food Day

Commr. Smith relayed that it was National Greasy Food Day.

commissioner campione –district 4

new waste hauler

Commr. Campione stated that there was a new waste hauler in northeast Lake County, and that staff had been fielding phone calls and helping residents connect with this service. She expressed her appreciation for the professionalism of staff and the patience of residents during this transition, and said that there was a call center and an email service, which would be manned during the day in an effort to connect drivers to customers.

COMMISSIONER BLAKE – DISTRICT 5

Public Safety Coordinating Council meeting

Commr. Blake remarked that there had been a Public Safety Coordinating Council meeting on the prior week, and that they had a quorum and some good presentations. He noted that the fentanyl issue was a topic of discussion, and opined that it was important for the council to gather and exchange ideas.

Disaster Supplemental Nutrition Assistance Program (D-SNAP)

Commr. Blake mentioned that residents who were affected by Hurricane Ian could apply for the Disaster Supplemental Nutrition Assistance Program (D-SNAP) in Lake, Hillsborough, Osceola, Putnam, Seminole, and Volusia Counties, and that preregistration started on the previous day.

Narcan availability

Commr. Blake thought that the County could support an effort to lobby the United States (U.S.) Food and Drug Administration (FDA) for over-the-counter availability of Narcan, opining that it would benefit the community during the current drug crisis.

Commr. Parks commented that there were high school students who had asked if they could carry it because they were concerned about the unintentional exposure to fentanyl.

Commr. Blake opined that fentanyl was a pollutant that was being inserted into substances that should not be taken anyway, and that Narcan would be useful to have as available as possible.

commissioner campione –district 4

Neighborhood Lakes Trailhead

Commr. Campione commented that on the previous Saturday, she was at the Neighborhood Lakes Trailhead, and that she was with a group of cyclists who rode across the Wekiva River into Seminole County on the Wekiva Trail for the first time. She relayed that they were supporting FDOT Mobility Week 2022, and that Commissioner Smith had also attended. She opined that it was an optimal location to have a trailhead that could serve Lake County residents and others coming from other places to ride the trails and discover Lake County, and that it was built into the road system as part of the Wekiva Parkway. She said that from the trailhead, she could see the property that FDOT was going to surplus and give to Lake County, which could provide a possibility for a kayak launch. She opined that it was a good event, and that it was a safe, easy trail along the side of the road looking out at real Florida.

commissioner parks – Chairman and district 2

storm debris removal

Commr. Parks relayed that he was receiving negative emails related to storm debris removal, and wondered if the County could involve additional contractors.

Ms. Barker relayed that the County had dispatched debris contractors throughout the county, and that they had been focused on the most impacted area of Mt. Plymouth/Sorrento area. She said that staff had been receiving calls from residents in other areas of the county, and that there was a second debris hauler that could be dispatched if there were still issues.

Commr. Parks opined that the piles of debris were becoming larger.

Ms. Barker opined that residents were starting to add normal yard waste onto their debris piles from Hurricane Ian, and said that if residents had normal yard waste, it should be cut and stacked into the required size to be picked up by their normal hauler. She mentioned that adding to the hurricane debris caused additional work for debris haulers and longer delays.

Commr. Parks asked if the County would seek additional options, including hiring more contractors, to help resolve the issue.

Ms. Barker said that the County would like to hire additional contractors, noting that they would be reimbursed by Federal Emergency Management Agency (FEMA). She related that it took time to bring in a new contractor, and that they would look into every option.

Ms. Marsh commented that FEMA required the County to put those jobs out to bid, but if FEMA would allow the County to seek assistance from any contractor, they could do that; otherwise, the County would follow FEMA’s procurement policies.

Commr. Parks opined that the County could hire some local contractors, even if it took some time.

Commr. Campione opined that debris removal was more difficult because it was sporadic.

future agenda items

Commr. Parks also asked staff to provide an update on the County’s septic to sewer conversion for a future agenda item.

Ms. Barker commented that the County was working on the utility district, and that staff could prepare an update for the November 15, 2022 BCC meeting.

Commr. Campione added that a landowner with several developable properties in the Mt. Plymouth/Sorrento CRA area had asked the City of Apopka to provide services; however, the City would need an interlocal agreement with the County in order to do that. She relayed that this would be driven by the developer, and that they would have impact fees and connection fees. She mentioned that this would allow the County to serve the CRA area and the redevelopment district, and that it would allow them to remain autonomous and not subject to the Cities of Eustis or Mount Dora. She commented that they had the opportunity to have water and sewer that was not far away; however, they would have to negotiate those capital line extensions with the developer.

Commr. Parks inquired if that discussion could be on the agenda for the November 15, 2022 BCC meeting as well as decentralized wastewater treatment systems (DWTS), opining that the Town of Montverde was also interested.

Ms. Barker remarked that the Town of Montverde had discussed service in the South Lake area, and that staff would provide a more comprehensive overview of the issue.

Commr. Campione mentioned that the City of Apopka provided the distributed waste system for neighborhoods along the Wekiva River, and that they may be able to assist Lake County with billing. She opined that this effort should be focused in environmentally sensitive areas, such as the Wekiva River Basin.

Commr. Parks opined that the billing aspect was interesting, and that it could be discussed at the November 15, 2022 BCC meeting.

commissioner smith – vice chairman and district 3

volleyball event at Hickory Point

Commr. Smith remarked that there had been a volleyball event at Hickory Point hosted by Sand Court Experts (SCE) East Coast Championship, and that there had been several colleges and over 100 athletes competing, noting that he had been available to present the trophy. He added that there had been a west coast championship in the State of California on the previous weekend, and that not there would be an east coast versus west coast championship in the State of Alabama.

commissioner parks – Chairman and district 2

Montverde Days

Commr. Parks related that Montverde Days would be on the following Friday and Saturday, opining that there would be good music performers and motocross sport events.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:40 p.m.

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SEAN PARKS, chairman

ATTEST:

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GARY J COONEY, CLERK