A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

April 25, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, April 25, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; 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. Smith welcomed everyone to the April 25, 2023 Board of County Commissioners (BCC) meeting, and said that the meeting was also being streamed live on the County website; furthermore, they were also broadcasting the meeting via Zoom.

Pastor Brooks Braswell, with First Baptist Church of Umatilla, gave the Invocation and led the Pledge of Allegiance.

virtual meeting instructions

Mr. Levar Cooper, Director for the Office of Communications, 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, stated that a signed agreement with the City of Eustis had been added to Tab 6 since the agenda was first published, and that on Tab 26 a resolution for the budget amendment had been attached. She relayed that additional language was added to the background summary on Tab 28, and she requested that the Board vote to add a proclamation for Fair Housing Month to the Consent Agenda as it was not published on this agenda due to a technical error.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to add a proclamation for Fair Housing Month to the Consent Agenda.

arpa update

Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, provided an American Rescue Plan Act (ARPA) update. He recalled that the Board had considered the CSX Railway purchase in August 2021 and passed a resolution in September 2021, and that an offer for $15 million was extended to CSX. He related that CSX had then requested an increase up to $18.5 million for consideration; however, they declined all offers in October 2022. He stated that due to timing constraints with expending the ARPA funding, staff was requesting approval to reallocate the $18.5 million to other priorities and qualifying projects. He noted that some important dates to remember included December 2024 for funds to be obligated or under contract, and December 2026 for all funds to be spent and all work completed. He relayed that the current project list showed the proposed changes, which included the following: removal of the CSX Right-of-Way purchase from the list; the Lake Cares Food Pantry removal as assistance was provided through the General Fund; and the removal of the Medical Examiner’s Office renovation share of cost due to the anticipated construction of a new facility. He pointed out that new projects or active projects that had been identified for additional funding included the following: community mental health services provided by LifeStream Behavioral Center with an increase of approximately $2.8 million which covered the next two fiscal years; the County’s share of Florida Department of Health (FDOH) expenses for approximately $1.14 million; $2 million for affordable and/or transitional housing; $1.27 million for rental assistance provided through select community partners; an increase of the amount available for distributed sewer conversions and utility projects by approximately $2.8 million; $2 million set aside for the Wekiva Trail utility corridor; $2 million to cover increased, unanticipated payroll costs this current fiscal year for the Office of Fire Rescue; $300,000 to Lake Sumter State College (LSSC) to launch a new construction management degree program; $980,000 to replace the security camera system for the Fifth Judicial Circuit; and $3.28 million of current available capacity under the Revenue Replacement category for a new facility for the Medical Examiner’s Office. He mentioned that the County had received a request from the Town of Montverde for an additional $4 million for their centralized sewer project, which was not included on the list.

Commr. Shields asked which of those items were for funding which would help the County for the following couple of years.

Mr. Beaudet replied that those would include the mental health services and FDOH expenses, and that those were items that normally came out of the General Fund.

Ms. Barker added that the rest were one time expenditures.

Commr. Parks questioned if the County’s share of cost for the Medical Examiner’s Office renovation would normally be paid from the General Fund.

Mr. Beaudet answered that it would, and said that the current fiscal year’s cost was over $1.3 million.

Commr. Blake relayed his understanding that Lake County’s estimated share of costs for that facility was going to be about $5 million, and opined that the County should ensure that it had the complete amount.

Commr. Smith opined that it was an appropriate use for the ARPA funds to be moved to the Medical Examiner’s Office, and noted that because Commissioner Blake was on the Board of Examiners, he knew what the needs were.

Commr. Campione expressed concern that this use would not meet the deadlines regarding the use of the funds, and she inquired if the allocation would be sufficient.

Ms. Barker replied that they were expecting to do the construction in 2025, and that the County would be providing the funding to them if approved. She commented that they had issued a request for proposal (RFP) to look for a private partnership, and if that came to fruition, these funds would not be needed for the capital investment. She related that they hoped to identify a private developer who was willing to build the facility and lease it back to the six Counties, and that the funds were being set aside in case the County had to contribute its share of the funding for the capital investment.

Commr. Campione relayed her understanding that the County would know soon enough to reallocate funds.

Ms. Barker agreed, and stated that the $3.2 million dollars could be reallocated.

Commr. Blake asked if Lake County could pay Marion County in advance if it went through as a public/private partnership and turned into a lease situation, since Marion County was the funding entity handling the RFPs.

Mr. Beaudet relayed his understanding that it would qualify for ARPA funding.

Ms. Barker pointed out that Lake County was using the funding to pay in advance for the mental health services provided by LifeStream Behavioral Center, and that it could be likened to that situation.

Commr. Blake mentioned that the County would want to pay in advance because of the timing issue.

Commr. Shields expressed concern about water quality, and inquired if the County had identified where the distributed sewer conversions were going to be done.

Ms. Barker related that the County had received a request from the Town of Montverde for an additional $4 million to expand their sewer system, noting that the Town was originally allocated $4 million. She related that the County had also identified some opportunities for the distributed waste system to be installed in locations throughout the county around critical water bodies, such as Lake Yale. She remarked that the funding could be used either way, and that if the Board wished to allocate additional funding to the Town of Montverde, it could be done.

Commr. Parks commented that regarding the septic to sewer conversion, there were other opportunities identified besides the distributed waste technology for the Cities of Minneola and Clermont, particularly around the Clermont Chain of Lakes and Lake Minneola, to address the algae issues, and opined that the funding would be utilized appropriately.

Commr. Campione inquired how long it would take to get that program in place, and if the County was still working on a contract with OnSyte. She opined that there could be timing issues, such as launching it and informing the public.

Ms. Barker stated that she had recently met with OnSyte to find answers to questions regarding the Florida Department of Environmental Protection (FDEP) permitting that would be required to do the installation of the distributed waste systems. She related that there had been discussions with some of the municipalities about providing the utility billing services for the County because of the lack of existing capability within the County, and that two municipalities were interested in assisting with that process. She opined that once the locations were identified, the residents would be willing to make that change, noting that with the FDEP grant to assist with installation costs, the County could get moving quickly.

Commr. Campione opined that this was an important issue, and that the County could provide additional funding to municipalities to help with their systems were it not for the launching of this process in the unincorporated areas. She relayed her understanding that municipalities had access to other types of grants, and opined that the County should focus on launching its own pilot program and realizing some immediate benefits. She remarked that she was aware of the algae issues in the Clermont Chain of Lakes, opining that other factors could be addressed if residents were able to obtain these improved systems.

Commr. Shields pointed out that the water was flowing north from there.

Commr. Smith added that the Clermont Chain of Lakes flowed into the Harris Chain of Lakes, and opined that if the County could clean up the source, it would help everything around it.

Commr. Shields relayed that on the north end of the City of Minneola, there was development occurring right on the lake, and he wondered if they would be using septic tanks.

Commr. Parks relayed his understanding that it would be a septic tank because there was no sewer service in that area.

Commr. Campione opined that this was a missed opportunity, and that it would be optimal to inform the public about the other options when they came to request permits; furthermore, there could be a grant opportunity. She opined that retrofitting was important; however, it would be better to have this information before new development was in place.

Commr. Parks opined that an improved sewer system with one of the municipalities as well as the distributed waste technology were both opportunities that should be taken advantage of.

Commr. Campione opined that if the $2 million set aside for the Wekiva Trail utility corridor did not work out, and the septic to sewer conversion process was successful, those funds could be shifted to that or one of the municipality projects.

Commr. Smith opined that the County needed to work out the permit situation and the billing, and then the septic to sewer conversion could be advertised and promoted.

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to reallocate funds within the project list, as presented.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of March 14, 2023 (Regular Meeting) as presented.

citizen question and comment period

Mr. Banks Helfrich, a candidate for the State of Florida House of Representatives for District 25, relayed that there was a meet-in-the-middle public forum in the City of Clermont in the previous month, which was in the middle of the State of Florida, opining that it was the future location for a park for people to come and enjoy being in the middle of the state. He opined that it would be great if Lake County became the place where people could meet in the middle as a community and find common ground, and that Lake County could be a beacon for other communities.

Mr. Doug McCormack, a resident of Lake County, related that there was a roadway which bordered his property that was not useable, and opined that it needed to be closed because it was grown over and did not lead to anywhere. He stated that they would like to have it vacated and cleaned up.

Mr. Fred Schneider, Assistant County Manager, stated that according to Mr. Dean Delong, Right of Way Supervisor for the Public Works Department, they were waiting on a legal description to be provided by the owner’s surveyor so that they could move forward.

PROCLAMATION 2023-43 Firefighter Appreciation Day

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved Proclamation 2023-43 designating May 4, 2023 as Firefighter Appreciation Day in Lake County to coincide with the worldwide International Firefighters' Day.

Commr. Parks stated that the BCC was wearing red and blue ribbons to stand in full solidarity with Lake County firefighters as they remembered those who had lost their lives and those who had been injured in the line of duty protecting them, opining that it happened more frequently than people realized. He then read and presented Proclamation 2023-43 to Chief David Kilbury, Public Safety Director, and Chief Jim Dickerson, with the Office of Fire Rescue.

Chief Kilbury expressed appreciation in behalf of the over 400 men and women of Lake County Fire Rescue for remembering those who had lost their lives and those who had been injured in the line of duty, and also in recognition of the men and women that served.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 4, as follows:

List of Warrants

Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

SWFWMD Annual Comprehensive Financial Report

Notice is hereby provided of having received the Southwest Florida Water Management District’s (SWFWMD) Annual Comprehensive Financial Report for the fiscal year ended September 30, 2022 and Annual Financial Report (AFR).

City of Groveland CRA Annual Report of FY 2021-2022

Notice is hereby provided of having received the City of Groveland’s Community Redevelopment Agency (CRA) Annual Report for Fiscal Year 2021-2022.

City of Leesburg FY 2022 Comprehensive Annual Financial Report

Notice is hereby provided of having received the City of Leesburg’s FY 2022 Comprehensive Annual Financial Report.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione pointed out that there had been collaboration between the City of Eustis and Lake County on the business incubator program, and that the City was constructing the building, opining that it was exciting. She expressed sincere support of this project, and hoped that it would be successful for the residents of Lake County and the City of Eustis.

Ms. Barker mentioned that the proclamation for Fair Housing Month should be included in the motion.

Commr. Smith stated that it had been added to the Consent Agenda by an earlier motion.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 23, with the addition of Proclamation 2023-37, as follows:

PROCLAMATIONS

Request approval of the Liberty Tree Proclamation 2023-40, per Commissioner Kirby Smith.

Request approval of Proclamation 2023-37 for April 2023 to be designated as Fair Housing Month.

COUNTY ATTORNEY

Recommend approval:

1. Of modification to the Settlement Agreement in Gulfstream Towers, LLC vs. Lake County, Florida; and

2. To authorize the County Attorney to execute any necessary court documents; and

3. To authorize the Chairman to execute any necessary amendments to the Settlement Agreement.

ADMINISTRATIVE SERVICES

ECONOMIC GROWTH

Elevate Lake

Request from Elevate Lake to recommend approval of the Interlocal Agreement with the City of Eustis regarding creation of a business incubator in the downtown area. The fiscal impact is not to exceed $450,000 (expenditure) over four years with $75,000 in Fiscal Year 2023, $150,000 in Fiscal Year 2024, $150,000 in Fiscal Year 2025, and $75,000 in Fiscal Year 2026. Commission District 3.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval:

1. Of Contract 23-910 to Boulevard Contractors Corp. (Owning Mills, MD) for the construction of Fire Station 71, located at 33661 CR 473 in Leesburg (Bassville Park); and

2. Of a related budget transfer in the amount of $2,121,690 to reallocate funding for this project; and

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

The fiscal impact is $4,321,690 (expenditure - $3,925,900 plus $395,790 contingency). Commission District 5.

Public Safety Support

Recommend approval:

1. To accept and process the Hazard Mitigation Grant Program (HMGP) Grant agreements for replacement of obsolete Public Safety tower generator systems; and

2. To adopt related Unanticipated Revenue Resolution 2023-44 (URR); and

3. To authorize Procurement Services to process all associated purchases; and

4. To authorize the County Manager or designee to execute all future associated agreement/grant documents.

The fiscal impact of the budgeted project is $315,000 ($285,000 Grant Funded and $30,000 Match). Matching funds are within, and will not exceed, the current Fiscal Year Budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval:

1. Of Contract 23-914 for Plumbing Repairs, Installs, and Maintenance Services to DeSanto Plumbing, LLC (Astatula, FL), and TFR, Inc., d/b/a Ross Plumbing (Leesburg, FL); and

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

The estimated fiscal impact is $126,772 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Annual expenditures will not exceed available funding in the fiscal year budget.

Housing and Community Services

Recommend approval:

1. Of the Second Amendment to the 2021-2024 Local Housing Assistance Plan; and

2. To authorize the Office of Housing & Community Services Director to execute any documents required by the Florida Housing Finance Corporation and corresponding authorization Resolution 2023-45.

There is no fiscal impact.

Recommend approval:

1. Of the Annual State Housing Initiatives Partnership Closeout Report for SHIP Fiscal Year 2018-2019; and

2. Of the Annual State Housing Initiatives Partnership Closeout Report for SHIP Fiscal Year 2019-2020; and

3. Adoption of Resolution 2023-46 delegating signature authority to Maria AbdoulKarim, Director of Housing and Community Services, for execution of the Local Housing Incentives Certifications.

There is no fiscal impact.

Recommend approval:

1. To terminate the Sub-Recipient Agreement between Lake County, the City of Leesburg, and the Community Redevelopment Agency for the Carver Heights/Montclair Area for the CDBG CV3 Fiscal Year 2019-2020 Feeding the Need food pantry project; and

2. Of a Substantial Amendment of the Community Development Block Grant (CDBG) Fiscal Year 2019-2020 Annual Action Plan; and

3. To authorize the Office of Housing & Community Services Director to execute any documents required by the U.S. Department of Housing & Urban Development and approval of authorizing Resolution 2023-47; and

4. Of a budget transfer in the amount of $245,100 reallocating CDBG-CV3 grant funds to CV1-Rent/Utility/Mortgage Assistance.

After the budget transfer totaling $245,100, the net fiscal impact is $0.

Library Services

Recommend approval to terminate Contract Q2023-00012 with Harvest Construction, LLC (Clermont, FL) and cancel use of Contract 19-0906C with RMS Orlando, Inc. (Orlando, FL) for construction services for an Astor Library Temporary Facility.

The estimated fiscal impact is $32,968 plus pending invoice (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 4.

Recommend approval:

1. Of a contract resulting from Invitation To Bid 23-918 for Construction Services for the Astor Library; and

2. To authorize the County Manager to execute a contract with the lowest priced, responsive, and responsible contractor within budget parameters after County Attorney review and acceptance; and

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

The fiscal impact will not exceed $3,000,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 4.

Public Works

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

The fiscal impact is $525.20 (expenditure – recording fees) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Recommend approval to purchase the Wellness Way corridor right of way from CONSERV II as allowed under the Option Agreement dated December 8, 2020 with Orange County and the City of Orlando.

The estimated fiscal impact is $753,050 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 1.

Recommend approval:

1. Of Contract 23-917 for Fully Automated Bear-Resistant Trash Cans to Rehrig Pacific Company (Orlando, FL); and

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

Approval and contract execution is contingent upon successful completion of bearproof certification.

The estimated fiscal impact is $79,000 (expenditure). Annual expenditures will not exceed available funding in the fiscal year budget.

Recommend approval of Resolution 2023-52 to advertise a public hearing to vacate unimproved platted rights of way. The closest municipality is Leesburg. The fiscal impact is $2,295 (revenue-vacation application fee) and is within the Fiscal Year 2023 Budget. Commission District 4.

Recommend approval of Resolution 2023-48 to advertise a public hearing to vacate platted right of way. The closest municipality is Mount Dora. The fiscal impact is $2,295 (revenue-vacation application fee) and is within the Fiscal Year 2023 Budget. Commission District 4.

Recommend approval:

1. To terminate a surface water drainage agreement with property owned by Leesburg Regional Medical Center (LRMC), Inc.; and

2. Of a partial release of a surface water drainage easement from property owned by LRMC.

There is no fiscal impact. Commission District 1.

Recommend approval:

1. Of Contract 23-538 with Asphalt Paving Systems, Inc. (Zephyrhills, FL) for pavement preservation and recycling treatment services related to repaving County Road (CR) 437 from State Road (SR) 46 to SR 44; and

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

The estimated fiscal impact is $2,035,100 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Annual expenditures will not exceed available funding in the fiscal year budget.

Recommend approval:

1. Of an adjustment to Contract 21-0515 for Phase Three of the road resurfacing and related services to C.W. Roberts Contracting, Inc. (Wildwood, FL); and

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

The fiscal impact is estimated at $858,078.46 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Transit Services

Recommend approval:

1. To apply for the Florida Department of Transportation Section 5311 Off Cycle Operating Grant; and

2. To adopt Supporting Resolution 2023-49 authorizing Signing and Submission of Grant Application and Supporting Documents to the Florida Department of Transportation.

The fiscal impact is estimated at $800,000 (revenue/expenditure - $400,000 grant funded, and $400,000 in County funding), and will be included in the Proposed Fiscal Year 2023-2024 Budget.

Annual report of the Lake County Historical Society

Mr. Ray Powers, President of the Lake County Historical Society Museum, stated that their goal was to preserve and promote the history of Lake County, and that they were including surrounding interests. He relayed that as they were cooperating with other historical societies, they had allocated a space in the museum for their exhibits, including the following: a three month exhibit from the City of Umatilla; an East Lake Historical Society exhibit; and a future exhibit from the City of Groveland. He expressed appreciation for Commissioner Parks as their liaison and for the other Commissioners for supporting them, and said that their building was currently being renovated. He related that some of their prior activities included the following: a presentation on reconstruction with Pastor Theo Bob; a promotion of the Dr. Mary McLeod Bethune statue with an unveiling of a bronze statue for Bethune-Cookman University in the City of Daytona Beach; a 9/11 memorial service in 2022; a Flag Day presentation in June 2022; a rally for the Ukraine war effort; a food drive after a hurricane; a three day event with the Lake County Garden Club; and a presentation by the Crystal River Archeological State Park on Native American artifacts. He stated that some of their future presentations included the following: a presentation in August 2023 by the granddaughter of Mr. Mel Fisher who had found the Spanish galleon, Atocha; a Flag Day presentation in June 2023 with Mr. Carey Baker, the Lake County Property Appraiser, as the guest speaker; the Town of Montverde exhibit for Seminoles; a Seminole statue by Ms. Nilda Comas, the sculptor of the Dr. Mary McLeod Bethune statue; the National Day of Prayer venue; participation in a Founder’s Day for the Town of Howey-in-the-Hills; the Pride in America Month venue in July, 2023; and a presentation on the southern campaign of the American Revolutionary War. He remarked that all of their galleries were starting to fill out, and that their attendance was growing; additionally, they were focusing on school age patrons. He listed the names of the Board and the Museum Manager, and noted that they were working on a citrus ladder display for the County Administration Building. He mentioned that Ms. Betsy Farner, a Board member, had passed away, and that they were going to hang her picture on the wall in the museum. He relayed that their building would be 100 years old in May 2023, and that they would like to have a birthday celebration. He stated that there was a mason stone at the corner of the building that dated it back to 100 years ago, opining that the building was unique and should be celebrated.

Commr. Parks stated that it was an honor to be the liaison to the Lake County Historical Society, and he expressed appreciation for the Board members. He opined that Ms. Farner would be missed, and hoped that there was something they could do to remember her. He commented that he was looking forward to the upcoming events, and noted that this organization was focused on keeping a sense of identity in Lake County as it grew; additionally, they valued the United States (U.S.), the history, and the blessing of living in this great country.

public hearing: Resolution 2023-50 to vacate easements

Mr. Schneider stated that the applicants were Mr. David Suleiman and Ms. Sydney Suleiman, and that the property was in the Town of Lady Lake area on Darlington Avenue in Windsor Green, Phase 1. He explained that the proposed vacation was a ten foot wide strip public drainage and utility easement, and that the request was to vacate any public interest, noting that they would have to vacate any other interest that might be in the private easement through the homeowners association (HOA). He relayed that the property owner would like to combine the lots through a unity of title and place their home there, and that through the building process, the lot grading plan would take care of any drainage issues.

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. Parks and carried unanimously by a vote of 5-0, the Board approved Resolution 2023-50 to vacate platted side lot line drainage and utility easements in the plat of Windsor Green, Phase 1, located on Darlington Avenue in the Lady Lake area.

public hearing: Resolution 2023-51 for a supplemental budget

Ms. Allison Teslia, Director for the Office of Management and Budget, stated that the mid-year budget amendment was to make adjustments to the fiscal year (FY) 2023 revised budget and to add previously unanticipated revenues and expenditures, including any necessary changes that had been identified. She related that the current countywide budget was about $772.9 million, and that the mid-year changes equaled about $1.9 million; therefore, the supplemental budget would be $774.8 million. She elaborated that the total mid-year adjustments for the General Fund revenues equaled approximately $62,000 and included the following: adjustments for revised revenue projections for the state shared revenue of $250,000; a reduction for changes to Lake County Sheriff’s Office (LCSO) service contracts of $229,000; and other revenue adjustments for grants and donations of about $41,000. She relayed that the total mid-year adjustments for the General Fund expenditures were approximately $62,000 and included the following: a $229,000 reduction attributable to LCSO service contract updates; $109,000 related to personnel changes, which included funding for a Code Enforcement specialist for the electronic game-room facilities and some position reclassifications; $41,000 for grants and donations; and other miscellaneous adjustments, such as $50,000 for professional services and $18,000 for the audio-visual system and Wi-Fi improvements for the State Attorney’s Office. She commented that the net effect of the mid-year adjustment to the General Fund was minimal, increasing reserves by $32,000, and that after the approval of the mid-year adjustment, the total General Fund reserves would be $32.78 million, which represented about 17.3 percent of the operating budget, noting that it was previously $32.75 million. She remarked that the current Board policy stated that reserves should be between seven and 12 percent of operating expenses, and that the long range target for adopted reserves recommended by the Government Finance Officers Association (GFOA) for counties was about 16.7 percent. She recalled that the adopted budget was $35.3 million, which was about 19 percent with net changes totaling about $2.5 million, and that the County had used $4.8 million for the YMCA property and $3.5 million for the Supervisor of Elections’ leasehold improvements. She mentioned that $5.6 million was added in January 2023 from the prior year adjustments, and that they were anticipating about $3.6 million from hurricanes, which was not reflected here as it was in the FY 2024 budget. She stated that the total adjustments to the other funds were about $1.8 million and included the following: adjustments to the beginning fund balances due to year-end adjustments; about $700,000 in adjustments resulting from grant reconciliations; a transfer of $880,000 from the general fund road resurfacing reserve to fund road projects; funding for fire impact fee projects based on actual receipts; and other miscellaneous adjustments, such as $31,000 in funding for the Blackwater Creek mitigation, $79,000 for bear proof trash cans, and $32,000 due to the Office of Building Services moving to the Lake County Tax Collector building.

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.

Commr. Shields commented that the policy of the reserves being seven to 12 percent had been in place before the current Board’s time, and he wondered why this was the policy. He asked if it was because of hurricanes, and if the County could use the GFOA standards instead.

Commr. Parks replied that it was a long discussion.

Commr. Smith suggested that the Board place this discussion on the agenda for a future BCC meeting.

Commr. Parks remarked that it was discussed every budget year, including the need for operating cash in case of an emergency.

Commr. Shields noted that the County had kept reserves at the GFOA standard.

Commr. Campione relayed her understanding that, while in practice it was much higher, the policy would give the County more flexibility, and that the County could go down that low without having to make a policy change.

Commr. Smith stated that he was in favor of reserves, and expressed appreciation for the efforts to increase the reserves, noting that they had increased significantly.

Commr. Blake mentioned that he was in favor of changing the policy because it was a policy goal, and opined that it would not hurt future Commissions.

Ms. Barker commented that in prior BCC meetings, the Board had discussed this issue, and that she had previously indicated that a revision to that policy would be brought back before the Board. She recommended that the range be increased from seven to 12 percent to 12 to 16 percent.

Commr. Smith inquired if that could be placed on a future agenda, and Ms. Barker indicated that it could.

Comm. Campione recalled a time when the County’s funds were needed, and that they had to wait for reimbursements from the Federal Emergency Management Agency (FEMA).

Ms. Barker commented that the County had dropped below the limit with only about five percent operating expenses after Hurricane Irma.

Commr. Campione relayed that the County had to wait to be reimbursed, and that it took a long time.

Ms. Barker recalled that members of the Board had gone to Washington, D.C. to expedite that process.

Ms. Teslia stated that the County was still working on reimbursements from Hurricane Irma.

Commr. Blake questioned if the range was provided by GFOA.

Ms. Barker answered that it was a hard number, such as two months of operating funds.

On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved an amended budget for Fiscal Year 2023 to include a reconciliation of beginning fund balance and other adjustments; and to adopt Resolution 2023-51 for a supplemental budget for Fiscal Year 2023.

public hearing for Riteway BLS Services, Inc. copcn

Deputy Chief John Simpson, with the Office of Fire Rescue, stated that the public hearing was in regards to issuing a limited scope basic life support (BLS) transport Certificate of Public Convenience and Necessity (COPCN) to Riteway BLS Services, Inc. He explained that the State of Florida was considered a COPCN state, and that the provision of emergency management services (EMS) were highly regulated, being overseen by the Florida Bureau of Emergency Medical Services. He elaborated that it required any agency wanting to provide advanced life support (ALS) transportation, first response, or BLS to be licensed in the State of Florida, which required a COPCN as part of the application, and that Chapter 401, Florida Statutes, empowered the BCC of each County to be the authority on who was allowed to provide those services within their county. He stated that Lake County Code Section 11-19 governed the process of applying for a COPCN, and that the EMS Bureau of Lake County Fire Rescue evaluated all applicants and then brought a recommendation to the Board. He related that historically, there had only been one COPCN issued in Lake County, which was to Florida Regional EMS who changed to Lake-Sumter EMS and then Lake EMS, and that it was currently held by Lake County. He mentioned that anytime a patient needed to have oxygen administered to them, it required a licensed ambulance to do so, such as a BSL ambulance, and that paratransit services, which provided wheelchair and stretcher services could not provide this service because they did not have the staffing to provide this medical procedure. He relayed that hospice patients being transported were often discharged needing oxygen, which required a licensed ambulance, and that the County did not provide this non-emergency service, noting that this service was currently provided by out of county services that had agreements with the hospitals. He remarked that Riteway BLS Services, Inc. was a locally owned and operated company by Ms. Fatima Charran and Ms. Nadia Samsingh, and that their recommendations included the following: 13 years of paratransit services; a history of financial stability, which was one of the requirements of the ordinance to receive a COPCN; established relationships in the community; dealings with hospitals on a regular basis; an agreement for prime transport services with Orlando Health South Lake Hospital; established relationships with three of the hospice locations for non-medical transport; and a provision to provide nursing facility transports. He related that Riteway BLS Services, Inc. had already acquired the ambulance and all of the necessary equipment, which had already been inspected by the EMS Bureau of Lake County Fire Rescue, and that it met all the necessary requirements. He commented that their fee structure proposal was in line with the County fee structure, and that all application materials had been completed; additionally, they had agreed to report to the County to provide oversight. He summarized that there was a need for hospice transport, and that the COPCN was limited to the transport of hospice patients from the hospital to hospice, home to hospice, or hospice to home.

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.

Commr. Parks opined that the company had been properly vetted, and that it was a local company.

Commr. Blake relayed his understanding that this was a unique situation, and asked if the County was required to bid.

Ms. Melanie Marsh, County Attorney, replied that this was not something that they would bid.

Commr. Smith expressed appreciation to the applicants, noting that it was a needed service that took the strain off of the ambulances.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to issue Riteway BLS Services, Inc. a limited scope BLS transport Certificate of Public Convenience and Necessity.

regular agenda

contract with Corcoran partners

Ms. Barker recalled that at a prior BCC meeting, the Board approved adding a legislative priority regarding the reclaimed water project for the Wellness Way area, which included constructing a reservoir for the use of irrigation, and that the Board approved for her to sign the attestation form stating that it would be added to the legislative priorities. She noted that because it was a specialized use, there was a lobbying firm that could possibly further the County’s interest in the legislature, and that this agenda item was being brought before the Board at the request of Commissioner Parks for consideration.

Commr. Parks related that the Comprehensive Plan (Comp Plan) required the Wellness Way area to have an alternative water supply to be used for irrigation, opining that it was a critical part of the plan because development could not continue unless there was an alternative water supply or a method of providing non-potable sources for irrigation. He stated that the alternative water supply project that would have been able to provide that water had been stopped by Orange County’s Water Conserv II, and that this was a request to hire a specialized firm to work with the Florida Governor’s office funded projects, noting that this was a $20 to $40 million project. He opined that this was not a simple appropriations request, and that it would be a very large request. He said that he knew the firm, Corcoran Partners, through working with them on the Central Florida Expressway (CFX) Board, and that this was something that they specialized in. He opined that the County’s lobbyists, GrayRobinson P.A., did a great job representing Lake County, and that if this was approved, both companies would be needed to work on this effort.

Commr. Blake asked if this was something that GrayRobinson was able to do, and if this was in their contract already, being an appropriations request.

Commr. Campione questioned if this was on the legislative priorities list.

Ms. Barker answered that it was added late to the legislative priorities list, and that GrayRobinson was under contract to do this.

Commr. Blake inquired if Corcoran Partners had a specialty in water projects.

Commr. Parks replied that they had a specialty with the Governor’s office, which was where the funding for a project of this size would come from.

Commr. Blake commented that the County would be paying twice for a lobbyist service, opining that the current lobbyist was excellent. He said that he did not understand why the County would need to pay an additional $50,000 to a particular lobbyist rather than bid that out if it was a necessity, and opined that it was redundant to hire another team of lobbyists.

Commr. Smith asked if the County had approached GrayRobinson, and if they said they could not provide this service.

Ms. Barker replied that this was not the case, and that this was an opportunity to hire an additional lobbyist to provide the specialized services.

Commr. Smith opined that GrayRobinson had done an outstanding job for the County in the past and in the current year, and that there was no reason that he could think of to spend an extra $50,000 of taxpayers’ money on this service. He opined that the County already had a very competent firm that could provide this service, and he questioned why GrayRobinson had not been contacted about this issue.

Commr. Parks related that the landowners would be paying for half of the cost if the Board moved forward with this.

Commr. Smith questioned why the landowners would do that.

Commr. Parks answered that it was because they were part of the Wellness Way project.

Commr. Campione pointed out that from the beginning, the landowners and stakeholders had been a key part of funding the Wellness Way project, and that it was not unusual for the stakeholders to help with funding. She asked why they could not cover the whole $50,000 if this was such an integral part of obtaining approval of an allocation of this size.

Commr. Blake asked what the contract with GrayRobinson was annually, and Ms. Barker replied that it was $60,000 per year. Commissioner Blake then remarked that $60,000 paid for any issue that went before the legislature, and that for one item the County would have to pay an additional $25,000. He wondered how Corcoran Partners had obtained this recommendation without bidding, and opined that those developing the property should pay for the reclaimed water.

Commr. Parks commented that he understood the need for more of an explanation, and relayed his understanding that it was not uncommon for a County to have two lobbyist services for the benefit of the county. He opined that the Wellness Way project would be a great benefit to the county, and that if the Board wanted to coordinate with GrayRobinson before considering this course of action, this item could be brought forward at a later date.

Commr. Blake opined that this was not a necessary expense, and that if it was worth the cost, then the developers should pay it.

Commr. Parks opined that they could do that if the County favored that option because obtaining this water was critical for the plan.

Commr. Blake pointed out that Lake County also had a Legislative Delegation, including Representative Taylor Yarkovsky, who represented south Lake County, and Representative Keith Truenow, and that they had the ability to make an appointment with the Governor.

Commr. Parks commented that they were also aware of this issue.

Commr. Smith expressed concern that GrayRobinson was not consulted, and said that he would call them to see if they could handle this project. He expressed appreciation for the work they had done for the citizens of Lake County, and noted that Lake County also had two strong representatives who had ties with the Governor’s office and could effectively promote Lake County’s interests. He said that he was not willing to spend more funds when the County had a competent lobbying firm under contract.

Commr. Parks stated that he could do more research on this item, and opined that it was not uncommon when there was competition for limited funding for alternative water supply projects for economic development to pay for these types of services in the interest of the County.

Commr. Campione opined that lobbyist involvement was controversial, and that formerly, the County has had to explain why there was a need for a lobbyist at all. She relayed her understanding that it took time to focus on these issues, and that an agent who was registered and had complied with the laws could be there in the City of Tallahassee doing what the Board would do if there. She said that this item deserved additional scrutiny, and that she wanted the stakeholders to be contacted because this was a critical part of the overall plan, opining that they could fund it without using taxpayer funding.

Commr. Blake opined that since this would be going through the Governor’s office, the County’s lobbyist would not be distracted by the other items.

Commr. Parks said that GrayRobinson could be contacted as well as the landowners, and opined that lobbyists were necessary because it was very competitive, making it worth the cost.

Commr. Campione inquired if this was an economic development issue or a water resource issue that placed it in the Governor’s realm.

Commr. Parks explained that alternative water supply projects were funded through water management districts and FDEP.

Commr. Blake commented that they received an appropriation every year, and that it was dispersed through the executive office.

On a motion by Commr. Parks, seconded by Commr. Campione and carried by a vote of 4-1, the Board tabled this item until all questions from the discussion were addressed.

Commr. Smith voted no.

Discussion of residential subdivision sign on Trimpi Road

Commr. Smith stated that there was an issue with the Trimpi Place subdivision sign in the Yalaha area.

Ms. Marsh explained that this subdivision’s entrance sign, which had been there for many years, had been damaged by a vehicle accident, and that the HOA had rebuilt the sign with a monument structure and a very wide base; however, when it was rebuilt, they discovered that they were building in County right of way and on private property. She related that this came to the County’s attention as a code complaint from the property owner whose property held a portion of the sign, and that the County discovered that when the subdivision was platted, there was not an entryway tract to be maintained by the HOA. She stated that the HOA had sought a right of way utilization permit; however, the permit could not be issued because this was a permanent sign. She elaborated that in discussions with the HOA, it was decided to bring the issue before the Board and ask for an agreement with them outside of the right of way utilization permit, and that they would have to move it fully into the County right of way, and possibly reduce the base, which was dependent on the distance from the entryway pavement. She relayed that the County would have indemnification and insurance that would protect the County in the event that it was damaged or not maintained, and that the other option would be to go to court and seek a prescriptive easement from the owner of the property. She remarked that this was just a discussion, and that if the Board was interested in making an arrangement with the HOA for the sign to stay permanently in County right of way, then this item could be brought back for a decision.

Mr. Mike Seegers, President of the Trimpi Place HOA, commented that the sign expansion included a stacked stone planter of about two feet in height filled with gravel around the sign, and that the sign itself was in the same location since the beginning of the development in 1988. He related that the sign had been maintained and rebuilt at least twice, and that there had never been an objection before, noting that the footprint had not changed. He remarked that the sign had been completed in June 2019, and that they had not received a complaint from the homeowner until August 2022. He explained that the homeowner had originally complained about insurance, which the HOA then obtained, and that the HOA had offered to add the property owner as additionally insured, which they rejected. He opined that this was due to a personal dispute with the former HOA president, and that taking the sign down would penalize everyone in the neighborhood because of this dispute. He said that they could change the planter or remove it if needed; however, they did not want to remove the sign because they could never get a permit to build another one. He relayed that the original developers had a plat for the development with a Tract A, which was above what was determined as the right of way for Trimpi Road, and that at the end of the development, they dedicated Tract A and all the easements and roadways back to the County; therefore, the County showed that as additional right of way for Trimpi Road. He mentioned that the area where the sign existed was in a right of way that was additional right of way and not in the originally determined right of way.

Mr. Schneider related that the County performed a survey, and that most of what was there was on the private property; additionally, the wall was in the right of way.

Commr. Shields inquired if the Public Works Department was comfortable with the sign being in the public right of way.

Mr. Schneider replied that the Public Works Department did not issue right of way permits for signs in the public right of way, and that subdivisions were required to provide a tract, which made this an unusual situation; however, they were willing to do what the Board decided.

Ms. Marsh displayed a copy of the survey, noting that the sign was angled across Tract A, which was public right of way, and the adjacent lot.

Commr. Parks asked if there was any liability involved.

Commr. Smith clarified that this request was for the State Attorney’s Office to create an agreement with the HOA and bring it back to the Board for a vote.

Ms. Marsh explained that the County would have to have an agreement with the HOA, who would have to carry liability insurance, noting that if someone ran into this sign or was injured, they could possibly sue the County. She stated that even if the HOA was brought in to indemnify the County, there was no guarantee that a judgement would be against the HOA, and that if it was against the County, it would necessitate trying to collect from the HOA. She noted that there was always liability in these situations, and that in order to manage that, the HOA would have to have insurance and name the County as an additional insured.

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to move forward and to have this item come back at a future BCC meeting.

appointments to the Arts and Cultural Alliance.

Commr. Campione asked the Board to postpone this item to a future BCC meeting, and stated that they were trying to figure out what they were going to do with the Arts and Cultural Alliance. She explained that there was funding that came in through license plates that they could use to give grants to local organizations, and that this committee had been utilized as the vehicle for placing those grants; however, it was difficult having enough people for a quorum. She opined that there may be a more efficient and effective way to accomplish this, and that they were going to look at what some of the other Counties were doing to comply with the statute and to ensure that these funds were utilized for this important purpose.

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board tabled this item until further notice.

Commr. Blake was not present for the vote.

appointments to the Keep Lake Beautiful Committee

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved to appoint Mr. Banks Helfrich to fill an unexpired term of a citizen representative member which will expire on July 26, 2026, and Mr. Fernando Perez to fill an unexpired term of a citizen representative member which will expire on March 23, 2025.

Commr. Blake was not present for the vote.

commissioners reports

commissioner shields – vice chairman and district 1

Sheriff’s Appreciation Dinner

Commr. Shields mentioned that he had attended the Sheriff’s Appreciation Dinner for all the volunteers, opining that it was a nice event.

Central Florida MPO Alliance meeting

Commr. Shields relayed that he had represented the Lake-Sumter Metropolitan Planning Organization (MPO) at the Central Florida MPO Alliance meeting.

Water Safety Advisory Committee

Commr. Shields said that the Water Safety Advisory Committee was continuing to discuss water safety events for the current year, and that they wanted to have one in north Lake County and one in south Lake County, opining that it would be good to have one at the rowing club during a rowing event.

commissioner parks – district 2

Central Florida Expressway Authority meeting

Commr. Parks relayed that the Central Florida Expressway Authority (CFX) had a meeting recently, and that the right of way purchase was underway for State Road (SR) 516, which was the Lake/Orange Expressway. He noted that contractors had been hired, and that there could possibly be a groundbreaking near the end of the current year.

Office of Facilities Management

Commr. Parks expressed appreciation for Mr. Ray Cloutier, with the Office of Facilities Management, for unlocking the closed parking garage late at night and giving him to access his vehicle.

commissioner campione – district 4

the Sunken Gardens project

Commr. Campione stated that the East Lake Historical Society was inviting everyone to come see the Sunken Gardens project, opining that it was great to see what they were able to do. She related that there had also been much hard work from the Office of Parks and Trails and the community, and that they had recreated the Sunken Gardens from the historical hotel that was near the original site of the Mount Plymouth Golf Course and Resort.

P.E.O. Chapter C

Commr. Campione commented that the local Philanthropic Educational Organization (P.E.O.) Chapter C, which was founded by women, raised funds for scholarships for women. She relayed that this chapter started in the City of Eustis on April 9, 1923, and that she and her mother were part of this organization. She said that she wanted to provide a certificate of recognition to P.E.O. Chapter C to commend them for this 100 year achievement, and she hoped that the other Commissioners would sign it as well.

COMMISSIONER BLAKE – DISTRICT 5

Public Safety Coordinating Council meeting

Commr. Blake remarked that he had attended the Public Safety Coordinating Council meeting, and that they were seeking for a new chairman. He noted that two representatives from the Lake County Sheriff’s Office (LCSO), Major Skott Jensen and Captain Dave Pelton, had presented some statistics regarding the Lake County Jail, including the following: there were 887 total inmates; 152 were on psychiatric medications; 256 inmates were there for drug and alcohol related offenses; and 25 percent of them were there for violent crimes.

Library Advisory Board meeting

Commr. Blake mentioned that he had attended the Library Advisory Board meeting, and that Mr. George Taylor, Director for the Office of Library Services, had shared information about the new Astor Library rendering, noting that it would have a drive-through.

commissioner smith – chairman and district 3

Early Learning Coalition of Lake County meeting

Commr. Smith related that he had attended the Early Learning Coalition of Lake County (ELCLC) meeting, and opined that they did great work for Pre-K children. He noted that for those children who went through the Voluntary Prekindergarten Education Program (VPK) in Lake County, 67 percent were achieving higher compared to 49 percent of children who did not go.

National Volleyball Tournament

Commr. Smith said that he had attended the National Junior College Athletic Association (NJCAA) National Volleyball Tournament, noting that it was the first one at Hickory Point Park. He opined that Mr. Ryan Ritchie, Director for the Office of Visit Lake, did a great job; furthermore, LSSC came in third.

National Telephone Day

Commr. Smith remarked that it was National Telephone Day.

recess and reassembly

The Chairman called a recess at 10:49 a.m. until 11:00 a.m.

closed session

Ms. Marsh relayed that she had previously acknowledged the need for a closed session, which was authorized under Florida Statute 286.011, to discuss pending litigation against the County. She elaborated that once the closed session started, it would be confined to settlement negotiations or strategy sessions related to litigation and its expenditures. She commented that the court reporter would record the entire session, and that the court reporter would include all discussions in those proceedings, including the names of all persons present at any time and whoever spoke. She added that none of the session could be off the record, and that the court reporter’s notes would be transcribed and made public once the litigation was concluded. She noted that at the beginning of this session, the entity was required to give notice of who was going to be present, and that the County was required to produce an advertisement, of which she had a copy in her possession. She noted that the advertisement was published on April 14, 2023 in the Daily Commercial newspaper, and that those who would be present included the following: the Board; the County Manager, Ms. Jennifer Barker; Ms. Rachel Bartolowits, Assistant County Attorney; and herself. She anticipated that as much as one hour would be spent in the session, and she asked for the recording to be turned off and for the doors to be secured.

RECESS AND REASSEMBLY

At 11:25 a.m., the Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:25 a.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK