A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
May 9, 2023
The Lake County Board of County Commissioners met in regular session on Tuesday, May 9, 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. Commissioner not present: 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 meeting, and indicated that they were meeting in person and were being streamed live via the County website; additionally, they were also broadcasting this meeting via Zoom Webinar for members of the public who wished to provide input.
Pastor David Averill, with First United Methodist Church of Mount Dora, 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, requested that Tab 9 be pulled from the agenda to be brought back at a later date.
employee awards
Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:
FIVE YEARS
Timothy Baker,
Logistics Supervisor
Office of
Public Safety Support
Julie Berry,
Public Hearing Associate
Office of
Code Enforcement
Ardena
Eiland-Lewis, Library Assistant I
Office of
Library Services
Lawrence
Gobel, Traffic Operations Supervisor
Public Works
Department
Anthony
Smejek, Office Associate I
Office of
Animal Services
TEN YEARS
Terri
Pietroburgo, Construction Inspector I
Office of
Parks & Trails
FIFTEEN
YEARS
Douglas
Draper, Fire Lieutenant/Paramedic
Office of
Fire Rescue
TWENTY YEARS
Magin Catasus, Environmental Specialist
Office of Code Enforcement
THIRTY-FIVE YEARS
Delores Collins, Office Associate III
Public Works Department
RETIREMENT – 7 YEARS
David Burgess, Facilities Maintenance Manager
Office of Facilities Management
Minutes approval
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved the minutes for the BCC meeting of March 28, 2023 (Regular Meeting) as presented.
citizen question and comment period
Ms. Cindy Newton, a resident of Lake County, wondered if the current legislation would have any effect on the countywide joint planning agreements (JPAs), and if the County was planning any workshops. She mentioned that 1,000 Friends of Florida was going to have a legislation wrap-up webinar on Wednesday, May 17, 2023 from noon to 1:30 p.m., and that there was a place to sign up for it on their website, noting that it would be available for replay any time after that. She also asked where she could obtain a map of Lake, Orange, and Seminole Counties with an overlay of the Wekiva Study Area.
Commr. Parks commented that he had started going through the legislation, and that he had currently not seen anything that would affect the JPA effort. He mentioned that Ms. Melanie Marsh, County Attorney, would also be going through everything, opining that it would take time to see what the impact was. He relayed his understanding that Governor Ron DeSantis had reemphasized the importance of Comprehensive Plans (Comp Plans).
presentation of proclamation 2023-26
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved Proclamation 2023-26 designating May 21-27, 2023 as National Emergency Medical Services Week.
Commr. Smith recognized the representatives in attendance from the Offices of Emergency Medical Services (EMS) and Fire Rescue. He then read Proclamation 2023-26 and thanked staff for what they did.
Chief David Kilbury, Public Safety Director, expressed appreciation for the recognition of National EMS Week, and he gave an example of what his team and others around the nation did as was told by a liaison of one of the local hospitals about a call from the telecommunicator to the emergency room (ER) physician. He explained that the City of Groveland had a call in which a Lake County Fire Rescue ambulance responded, and that through the cardiac monitor, they recognized a life threatening rhythm in the patient. He remarked that they declared a cardiac alert, and that the hospital received the information and was ready for them, noting that from the time the stretcher rolled through the ER doors until the time that the patient was being cared for was 12 minutes, and that the normal flow to the heart was restored. He stated that the ER staff opined that the hard work of the EMS crew was the reason that the patient was alive, and that this was only one example of what happened 24/7 throughout this nation.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 5, as follows:
List of Warrants
Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
City of Clermont Annexation Ordinances
Notice is hereby provided of having received Annexation Ordinances 2023-010, 2023-011 and 2023-012 from the City of Clermont.
St. Johns River Water Management District Annual Comprehensive Financial Report
Notice is hereby provided of having received the St. Johns River Water Management District Annual Comprehensive Financial Report for Fiscal Year 2021–2022.
Town of Lady Lake Items
Notice is hereby provided of having received the following from the Town of Lady Lake: Ordinance 2022-08; Ordinance 2022-09; Ordinance 2022-10; Ordinance 2022-11; Ordinance 2022-12; Ordinance 2022-13; Ordinance 2022-14; Ordinance 2022-15; Ordinance 2022-20; Ordinance 2022-21; Ordinance 2022-22; Ordinance 2023-01; Resolution 2022-109; Resolution 2022-110; Resolution 2022-111; Resolution 2022-112; Resolution 2022-113; Resolution 2022-114; Resolution 2022-115; Resolution 2022-116; Resolution 2022-120; and Resolution 2023-101.
City of Eustis Annexation Ordinances
Notice is hereby provided of having received Annexation Ordinance 23-05, corresponding Future Land Use Ordinance 23-06, and corresponding Design District Designation Ordinance 23-07 from the City of Eustis.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Shields requested to pull Tab 13 to the regular agenda.
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 4 through 13, pulling Tab 13 to the Regular Agenda, and pulling Tab 9, as follows:
COUNTY ATTORNEY
Recommend approval and execution of a Legal Services Agreement with Bryce James Davis, P.A., for On Call Legal Services. The fiscal impact is unable to be determined at this time.
Recommend approval:
1. To adopt Resolution 2023-53 delegating authority to modify the Variable Index Rate on certain outstanding obligations from London Interbank Offered Rate ("LIBOR") to a Substitute Rate; and
2. To authorize the Chairman to execute amendments to the LIBOR Bond and Bond Documents to substitute for the LIBOR index one or more alternative reference rates; and
3. To authorize the Chairman to execute any other certifications and instruments to fulfill the intent of the Resolution.
There is no fiscal impact.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Fire Rescue
Recommend approval:
1. To utilize Florida Sheriff's
Association contract FSA23-VEF17.0 for Fire & Rescue Vehicles, Boats &
Equipment and all successor contracts for as needed purchases approved in the
annual budget process; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The fiscal impact cannot be determined at this time. Expenditures will not exceed available funding in the fiscal year budget.
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Recommend approval:
1. Of Contract 21-0412B for
HVAC, Ice Machine, & Walk-In Cooler preventative maintenance and repair
services to Strut Mechanical, Inc. (St. Cloud, FL); and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated fiscal impact
is $225,000 (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 the proposal by Hill
York (Ft. Lauderdale, FL) based on Contract # 23-402, for the replacement of
Variable Air Volume (VAV) boxes and the installation of Variable Frequency
Drives (VFD) on fan motors in the Lake County Judicial Center; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation; and
3. Of a budget transfer in
the amount of $74,795 from Facilities Maintenance Repair/Maintenance to
Facilities Maintenance Buildings.
The fiscal impact is
$232,167 (expenditure). Commission District 3.
Public Works
Recommend approval:
1. Of a Local Agency Program agreement; and
2. To adopt supporting Resolution 2023-54 with the Florida Department of Transportation (FDOT) regarding funding the right of way acquisition services for Ray Goodgame Parkway from Hartwood Marsh Road to Lost Lake Road, in the Clermont area; and
3. To adopt Unanticipated Revenue Resolution 2023-55 adding $1,500,000 to the Federal/State Grants Fund for the Ray Goodgame Parkway Right of Way project.
The estimated fiscal impact is $3,000,000 ($1,500,000 (revenue/expenditure - grant funding), and $1,500,000 (expenditure - road impact fees). Commission District 2.
Recommend approval:
1. Of an interlocal agreement with the City of Eustis for engineering, design and permitting for road improvements within the Rosenwald Gardens subdivision; and
2. Of a budget transfer from the General Fund Special Reserve - Resurfacing/Infrastructure to the General Fund Aids - Govt Agencies in the amount of $348,280.
The fiscal impact is $348,280 (expenditure). Commission District 4.
Recommend approval of a Roadway Improvement Agreement with Vista Grande Properties, LLC, to dedicate right of way by donation associated with the paving of Citrus Grove Road Phase 5 / Fosgate Road.
The estimated fiscal impact is not to exceed $5,000,000 in transportation impact fee credits if the developer exercises the option to construct the project. Commission District 2.
tab 13: funding the Old Highway 441/County Road 19A project
Commr. Shields pointed out that there was a process to fund new roads using impact fees; however, the County was using sales tax to fund the roads, opining that these funds could have gone to one of the parks. He relayed his understanding that the County did not have enough funds from impact fees to match Florida Department of Transportation (FDOT) funds, and opined that this was not the process the County should have in place. He commented that there were funding mechanisms for different areas, and opined that the County should be consistent with those plans. He remarked that there were impact fees for roads and sales tax for other uses, opining that the County should not have to take funds from one area to compensate for inadequate funding in another. He stated that he would like this issue to be resolved.
Commr. Parks remarked that if impact fees could fully fund this project, there would be over $1 million for other uses, such as the Lake County Central Park.
Commr. Campione commented that the County had been trying to fund this project for about 10 years, and that it was a safety issue. She recalled that there had been discussions about not needing to increase impact fees because it would not be enough to make a difference; however, those impact fees were used to provide a match for FDOT funding. She opined that more could be done with the funding if impact fees were increased, even if it was not increased by 95 percent, and that they should be increased to an amount which was closer to where they should be. She opined that these were valid reasons, and hoped that the Board would support an impact fee increase. She stated that if sales tax funds were higher than anticipated, then the County could piece together the necessary funds, opining that there should be flexibility to move forward on a safety project.
Commr. Smith inquired if the issue was with the process.
Commr. Shields opined that there could be a better way to fund road projects.
Commr. Campione questioned if there was news about where the County was at regarding the Attorney General opinion of the impact fee increases.
Ms. Marsh stated that she had received a confirmation letter informing her that the Attorney General’s Office had received the opinion request in April 2023, and in that letter it said that it would take three to six months to receive a response.
On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved the following items: a State Funded agreement; supporting Resolution 2023-56 with the Florida Department of Transportation (FDOT) regarding funding the construction services for Old Highway 441/County Road 19A and Eudora Road in the Mount Dora area; and Unanticipated Revenue Resolution 2023-57 adding $1,748,382 to the Federal/State Grants Fund for the Old Highway 441/County Road 19A project.
presentation on a four corners government complex
Mr. Randy Van Alstine, Chief Administrative Officer for the Lake County Tax Collector, stated that he would present an opportunity for various County offices to provide essential government services in the Four Corners region under one roof. He explained that the Tax Collector’s Office operated three strategically located service centers in the Cities of Clermont, Leesburg, and Tavares, and that they provided services on behalf of other governmental units, such as the Florida Department of Revenue (FDOR), Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida Department of Agriculture and Consumer Services (FDACS), and for numerous ad valorem and non-ad valorem taxing districts. He elaborated that they provided services involving the collection and administration of ad valorem taxes and non-ad valorem assessments, motor vehicle registration, Tourist Development Tax (TDT), driver’s licenses, and concealed weapon permits. He related that they had vacated the first floor of the downtown office in the City of Tavares, and that they had turned that over to the Board of County Commissioners (BCC), noting that the Office of Building Services recently began providing services to their customers there. He stated that certain aspects of their administrative staff had moved to the David Walker Drive location, and that near the end of May 2023, the Tax Collector’s Office and the remaining administrative staff would move to a new temporary office on Barrow Avenue until something more suitable could be located. He relayed that the Four Corners area continued to experience significant growth, increasing the demand for parity and services that were available in other regions of the county. He commented that currently, residents of the Four Corners area traveled to the office in the City of Clermont for services, and that because of the influx of customers, this resulted in frequent capacity challenges. He mentioned that when the South Lake County Regional Service Center (SLRSC) opened in 2017, they processed nearly 90,000 transactions, and that currently, they were estimated to serve over 145,000 transactions, which was about a 60 percent increase. He stated that a significant percentage of customers came from the Four Corners region, and opined that placing a branch office there would help them to serve that area while stabilizing the useful life of their office in the City of Clermont. He remarked that Chapter 197.332 (2), Florida Statutes, provided authority to the Tax Collector to establish a branch office by acquiring title to real property or by lease agreement, and that similar to the SLRSC lease agreement executed in 2015, the lessor for this project would purchase property, develop a scope of work and incorporate design specifications satisfactory to the Tax Collector, the Lake County Sheriff’s Office (LCSO), and the BCC for a collaboration in what would be a government complex in the Four Corners region. He stated that the property was located on Cagan Ridge Boulevard east of United States (U.S.) Highway 27 and north of U.S. Highway 192 with safe ingress and egress, and that the three acres had offsite retention and underground utilities. He related that the property was being offered at $250,000 per acre, compared to other sites which were $600,000 to $1 million per acre. He relayed that each organization had given input regarding the anticipated space needs, and that the LCSO wanted to have a deputy in the facility during regular work hours to address citizen’s concerns and to serve as a designated location for law enforcement operations in that region. He commented that the Tax Collector played an important role in project management by mitigating unnecessary delays and change orders and by visiting and communicating frequently with construction managers, and that with the proposal, they intended to keep the same proven structure and to collaborate with any associated project managers that may be assigned by either the BCC or the LCSO. He displayed some basic designs, and said that they reflected pedestrian footprints and provided a visual for some possible layouts as well as some shared parking. He said that this was predicated on an 18,000 square foot facility, and that there may be some room to downsize that to accommodate more parking spaces. He relayed his understanding that the code indicated that there should be four parking spaces per 1,000 square feet for that kind of facility, and said that the proposed parking spaces satisfied the Tax Collector’s Office needs as they anticipated being very busy there. He explained that the long term lease agreement would have a purchase contingency available in years three through five, and that the price would increase each year as an incentive to purchase early. He remarked that existing cash management strategies reflected that a lease could be a better option at this time because of other demands and priorities, and that the discount that had been offered by the Cagans reflected their desire to have a presence of local government in the Four Corners region. He mentioned that the Tax Collector’s Office would be there regardless of the decision of the BCC or the LCSO, and that they would like to have the BCC join them, opining that it was a great opportunity and a vision of the BCC and the LCSO. He commented that some additional savings could be realized from the estimates the contractor had proposed by omitting some items, such as impact fees, sidewalks, and fencing, and that there were funding options available, including the following: Tax Collector fees and commissions for the annual lease amount budgeted and submitted to the FDOR for approval; BCC funds for the annual lease amount budgeted by the County Manager and submitted to the Board for approval; and a purchase contingency, with any available funding through the local option sales tax. He displayed a proposed timeline that would be amicable to the Tax Collector’s Office for the Board’s consideration, opining that it could serve to balance the operational needs within the BCC’s fiscal abilities.
Commr. Shields opined that this facility was needed in the Four Corners area, and that there were about 90,000 residents in that area from all four counties who could use some of these services. He remarked that it took over an hour to drive from the Four Corners area to the City of Tavares, and that he was in support of providing a facility in the area; furthermore, he expressed appreciation to the Cagans for helping to make this happen.
Commr. Parks expressed appreciation for the partnership, and opined that this facility would provide a good service to the residents in the Four Corners area. He relayed his understanding that there were about 13,000 Lake County residents in that area, and opined that if it could be incorporated, it would be one of the largest cities in the county.
Commr. Campione inquired how the funding would work.
Ms. Barker replied that the Tax Collector’s Office could budget for the lease amount of about $800,000 a year to come out of their excess fees, which would reduce the amount of revenue coming in to the BCC, or the BCC could budget the expense, which would have the same effect on the General Fund.
Commr. Campione wondered if the ongoing needs for a community meeting space could be met with this facility.
Ms. Barker replied that there were 4,500 square feet identified for the BCC that could be used as a community room or a permitting facility, noting that any plans would be discussed with the Board.
Commr. Campione opined that it would be helpful to work that in, and that it could be used for groups, such as Boys and Girls Clubs, to address community and organization needs.
Commr. Smith opined that it was a great project because residents could do more than just pay taxes there, and he asked if they would do driver’s licenses there.
Mr. Van Alstine answered that they would, and that they anticipated providing full services, noting that there could be some services that were appointment based depending on the numbers. He explained that the Tax Collector’s Office could provide services to more than just Lake County residents, and that the closest tax collector’s office for the Four Corners region was about 10 miles south in Polk County. He pointed out that the tax collectors for the other counties only served their own constituents, and that this provided an opportunity to offset some of the expense because they could serve them all. He expressed appreciation to the Cagans, and noted that they had access to the entire seven acre parcel; however, they only needed three acres of it. He related that there was much development in the Four Corners area, and that they wanted to be proactive by acquiring this space for a branch office with County partners to provide these essential services.
Commr. Smith opined that the rapid growth in that area justified this branch office, and that the LCSO needed to have a presence there.
Commr. Campione questioned if the Tax Collector’s Office would receive the revenue for servicing the residents of other counties.
Mr. Van Alstine answered that that they would, noting that there were statutorily imposed fees that were given to the Tax Collector.
Commr. Campione inquired if that revenue was part of the excess fee equation.
Ms. Barker indicated that it was, and that the Tax Collector’s Office could increase their revenues by serving residents of the other three counties, which would increase their excess fees.
Mr. Van Alstine related that the residents were already coming to Lake County for services at their offices in the Cities of Clermont and Tavares. He remarked that a private tag agency had been approached to see if they could serve the Four Corners area to provide some relief, and that it had not gone through because one of the partners wanted to retire. He elaborated that after doing some due diligence and finding properties that were $600,000 to $1 million per acre, they were grateful when Commissioner Shields brought the Cagans and the Tax Collector together with this opportunity.
Commr. Shields commented that he had met with representatives from the other Counties, and that none of them had plans to do this, noting that if approved, he could report to them that this service would be provided by Lake County.
Ms. Barker clarified that this presentation was just to provide general information, and that as they moved forward, they would bring back the appropriate material to the Board for approval.
Commr. Parks asked how soon they would be able to start once approved.
Mr. Van Alstine replied that if the Board approved to move forward, Mr. John Schmid from Schmid Construction would estimate how much it would cost to clear it and then give an estimate of what the numbers would actually be in a lease agreement, opining that they would not want to rezone the property until there was a firm commitment to purchase the land and build on it. He relayed his understanding that once the lease agreement was executed, it would be about 15 months before the facility could be opened, noting that they had full control of the design.
Commr. Smith stated that there was consensus from the Board, and that he wanted to see the actual numbers.
public hearing: ordinance 2023-29 residential development standards
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 4.03.04, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED RESIDENTIAL DEVELOPMENT STANDARDS; REQUIRING ANY SUBDIVISION OF 50 LOTS OR MORE TO REZONE TO A PLANNED UNIT DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN 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.
Commr. Campione commented that this was in the Comp Plan, and that this ordinance would codify it in the Land Development Regulations (LDR). She explained that a site specific review of a project would be done during the rezoning process, identifying any transportation needs, buffer needs, and consistency issues with adjoining properties, which would allow a planned unit development (PUD) to be formulated to address concerns of existing residents who would be impacted by the project, opining that it would make it a project better. She mentioned that design requirements could only be done through site specific PUD ordinances, and that the County could not do blanket regulations that addressed issues, such as architectural design. She opined that this would give the County the opportunity to create better quality developments that were appropriate for the surrounding neighborhoods, and that adjustments could be made according to the type of project, such as an affordable housing or workforce housing project. She relayed that if a project was going into an area where the surrounding owners wanted something more consistent to the surrounding properties, a PUD would allow the County to look at those details. She related that she was in support of this ordinance, and that this had been in the code for years to zone residential properties.
Commr. Smith remarked that the County had a Comp Plan and LDR, and opined that a builder would build something that was compatible to the surrounding area to make their homes marketable. He opined that a subdivision of 200 lots or less was acceptable without a PUD, which may add costs to each lot and each house.
Commr. Shields mentioned that the 200 lot standard was for the rural conservation design.
Ms. Marsh replied that if a builder was using a rural conservation subdivision design, this ordinance would not apply.
Commr. Campione commented that a builder could choose an easier process with the rural conservation design, which was an incentive of the process, and that the County wanted to promote the faster track that could remove other barriers. She said that there were many projects that came before the Board that had around 200 homes, and opined that they had significant impacts on the surrounding communities, such as transportation impacts, environmental impacts, and compatibility issues. She remarked that she did not have confidence in the LDR, and opined that it could result in cookie cutter projects. She pointed out that a PUD would be needed to do a pocket neighborhood because there could be narrower streets or alley loaded access, and that it would be needed to make a project more affordable, such as a project with smaller units or tiny homes, noting that the LDR could not accommodate those types of projects. She opined that the extra time that was added going through the public hearing process would provide a better end-product for any project that was over 50 lots.
Commr. Parks agreed, and opined that Lake County had suffered from smaller piecemeal growth, such as a 100 lot subdivision with no requirements. He stated that he did not believe that the County standards could address development, and opined that performance based or form based code could make it more flexible for the builders, which that County did not have.
On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 3-1, the Board approved Ordinance 2023-29 requiring Residential Subdivisions of 50 lots or more to rezone to a Planned Unit Development.
Commr. Smith voted no.
public comment
Mr. Erikk Ross, Director for the Information Technology (IT) Department, indicated that an individual had raised their hand to speak on Zoom.
The Chairman opened the floor for public comment.
Ms. Chloe Womak, President of the South Umatilla Neighbor Association, expressed concern about the Southside Community Building, noting that there was mold and mildew as well as a need for renovations. She asked what the future plans for that area were, and expressed concern about playground equipment, safe places for children to do home studies, bridging the gap, gun laws, and the youth.
Ms. Barker replied that the County was currently working on remediation of the mold and mildew issues at the community center.
Mr. Fred Schneider, Assistant County Manager, stated that the Southside Community Building, which was in the unincorporated area of the City of Umatilla, had ongoing mold remediation, and that the air conditioning and floor damage was being replaced, which was about a four month process.
Ms. Barker commented that if Ms. Womack desired improvements outside of remediation, they could look at that during the budget process.
Commr. Smith remarked that he would like to visit the building.
Commr. Campione opined that it would be good for the Board to look at the building and the playground situation, and relayed her understanding that this facility was still used for a meal program. She also mentioned that it was used during election season as a voting precinct.
Mr. Schneider related that there were two buildings on the location, noting that the smaller building was used for voting and the larger one was used for community events.
Commr. Campione commented that the County could reach out to the City of Umatilla for their input and to look for partnership opportunities, noting that the library was on the north side of town. She wondered if this could provide a place for children to do homework and a place for afterschool programs, opining that the overall question was how to address the needs of the entire community.
There being no one else who wished to address the Board at the current time, the Chairman closed the floor for public comment.
public hearing: Ordinances 2023-30 and 2023-31 establishing a Residential Subdivision msbu
Ms. Marsh placed the proposed ordinances on the floor for reading by titles only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE II, CHAPTER 18, LAKE COUNTY CODE, TO BE ENTITLED MUNICIPAL SERVICES BENEFIT UNITS FOR ROAD IMPROVEMENTS; ESTABLISHING A MUNICIPAL SERVICE BENEFIT UNIT PROCESS FOR INTERNAL RESIDENTIAL SUBDIVISION ROADS; AMENDING ARTICLE III, CHAPTER 18, LAKE COUNTY CODE, ENTITLED ASSESSMENT AND IMPROVEMENT PROCEDURES; ADJUSTING NOTICE PROCEDURES; AMENDING SECTION 21-57, LAKE COUNTY CODE, ENTITLED PRELIMINARY RESOLUTION TO DECLARE A MSBU; AMENDING SECTION 21-58, LAKE COUNTY CODE, ENTITLED ASSESSMENT ROLL; ADJUSTING NOTICE PROCEDURES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE FOLLOWING SECTIONS OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS: AMENDING SECTION 14.08.00, ENTITLED GUARANTEES AND SURETIES; ESTABLISHING A MUNICIPAL SERVICE TAXING/BENEFIT UNIT PROCESS FOR MAINTENANCE OF INTERNAL ROADWAYS OF ALL NEW RESIDENTIAL SUBDIVISIONS; AMENDING SECTION 14.14.02, ENTITLED ZONING PERMITS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; 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. Parks, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved two Ordinances establishing the Residential Subdivision Municipal Services Benefit Unit (MSBU) Subdivision Program by amending the Lake County Code (Ordinance 2023-30) and Land Development Regulations (Ordinance 2023-31).
public comment
The Chairman opened the floor for public comment.
Mr. Richard Carlins, a resident of the City of Fruitland Park, expressed concern about the government intrusion into the private lives of citizens, and he expressed appreciation for Resolution 2021-149 expressing opposition to President Biden's mandatory vaccination declaration. He opined that it needed to be updated because there were more encroachments on the citizen’s liberties and freedoms. He related that Collier County had recently passed a resolution addressing various government encroachments and controls, and he asked that the Board would consider drafting a resolution like this in the near future.
There being no one else who wished to address the Board at the current time, the Chairman closed the floor for public comment.
regular agenda
advanced signage of roadwork
Commr. Shields remarked that this item was being brought forward because of a resident’s concern.
Mr. Barry Wright, a resident of Lake County, expressed appreciation for the BCC for considering an ordinance to limit developers in Lake County from blocking the roads residents used for work, appointments, and other activities. He related that County Road (CR) 48, which was a two lane road, had issues with being blocked by construction activities without any warning, and that it had been five months since Eagletail Landing had started construction for turn lanes with no news as to when they would be finished. He mentioned that there had also been issues on other roads, and opined that the developers did whatever they wanted without any concern for the residents who used the roads. He opined that developers should be required to place signage in advance of construction and continue to advise the public until they were finished, and that there should be a limited timeframe to accomplish this work with a penalty for not complying. He relayed that many new developments had been approved in Lake County in the past year, and that these issues could become worse if something was not done about it soon.
Commr. Shields expressed concern about not being warned when the road would be closed for construction, and he wondered if there was something that the Board could do to ensure the advertising of closures ahead of time. He opined that the State and the Cities would also need to be involved, making it difficult to coordinate; however, he said that he wanted to discuss this in a public forum.
Commr. Smith commented that the County did not have any control over FDOT roads, and that it had taken five months to redo a turn lane on Dead River Road in the City of Tavares because of the difficulty of acquiring materials. He opined that some delays were not caused by the contractor, and that the County could not regulate this type of construction. He related that there were already rules and transportation plans to address these activities.
Commr. Parks inquired what the Public Works Department thought about this.
Mr. Schneider replied that in their plan approvals, commercial driveway permits, and right of way utilization permits there were requirements, restrictions, and policies, including 14 days’ notice, door hangers for neighborhoods, and message boards for local road closures. He mentioned that if there was a violation, they had, in the past, shut down the developer or contractor from working, and that FDOT also had procedures to determine if there was going to be additional requirements for notification.
Commr. Parks asked if these issues were largely on state roads rather than county roads.
Mr. Schneider relayed his understanding that most issues were on two lane highways, requiring lane closures, and that there was not as much of an issue on a four lane highways because there would be one lane open for through traffic. He remarked that these projects could take four to five months and required clearing, grading, relocating utilities and obtaining the base work, lime rock, and asphalt, noting that they would also have to return to paint stripes. He stated that they currently had procedures in place, and that he did not know of anything else that was needed.
Commr. Shields questioned if code enforcement could be called for local roads.
Mr. Schneider replied that if they received a call about a state highway or a county road, they could contact FDOT or send out one of their inspectors, and that their inspectors were inspecting all subdivisions under construction as well as any County projects.
appointment to the affordable housing advisory committee
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved to reappoint Ms. Mariela Garcia, with Homes in Partnership, Inc., to the Affordable Housing Advisory Committee as a member who is actively engaged in the residential home building industry in connection with affordable housing to serve a two-year term ending November 30, 2024, and approval of applicable waiver.
reports
county manager
Hurricane Expo
Ms. Barker commented that there would be a Hurricane Expo on May 20, 2023 from 10:00 a.m. to 2:00 p.m. at the Lake County Fairgrounds, and that there would be good information there regarding hurricane season and how to be safe. She encouraged everyone to attend.
commissioners reports
commissioner shields – vice chairman and district 1
South Lake Chamber of Commerce public policy update
Commr. Shields mentioned that he had attended the South Lake Chamber of Commerce public policy update, and noted that there were similar items discussed that the County was also trying to accomplish.
commissioner parks – district 2
Back the Blue Walk
Commr. Parks relayed that he had attended the Back the Blue Walk, which was a show of support for the men and women in law enforcement. He noted that it was well attended, and opined that it was a great event.
distributed wastewater treatment system
Commr. Parks asked for the status on the distributed wastewater treatment system (DWTS), and said that there were some tools available to the County, such as an MSBU, to facilitate that program. He explained that it was a way to get off of a septic tank, which was bad for the water resources especially in areas close to a lake, and onto a DWTS.
Ms. Barker related that the City of Clermont and the Town of Montverde were interested in providing billing services on behalf of the County, and that an MSBU could be used as a tool until the billing services were in place. She stated that a resolution would have to be brought before the Board to move that process forward, and that they were working on that. She remarked that once that part was complete, they would approve an application for the residents to fill out, informing them about their obligations related to easements, noting that they were about 90 percent complete with that part.
Commr. Parks opined that if there were residents who were ready for this service, it would be good to move the process along.
Commr. Campione relayed her understanding that there were 10 petitioners ready, and that if the County could move forward with the resolution, it could establish the MSBU for them, allowing the County to add more on until the deadline. She opined that residents could pay a connection fee, which would cover that period of time from when residents received this service to the time the bill would be placed on the tax roll, depending on if it was new construction or an existing building being retrofitted. She said that she would like some information on that; additionally, Onsyte could be consulted.
Ms. Barker replied that it would be similar to what the County did with the fire assessment, and that if a citizen with a new residency missed the deadline for the fire assessment, they would pay a prorated amount as part of the building permit process, noting that the bill would go onto the next year’s tax roll. She relayed that the County could work out something similar to that.
Commr. Campione added that they went online to pay that fee, and afterwards it would be on the tax roll, opining that this was something that could be started.
Commr. Smith expressed concern about all those monthly charges coming at the end of the year as one bill, opining that it would be difficult to pay.
Ms. Barker agreed, and explained that this was why they had been asking the municipalities for assistance. She relayed that once those processes were running, those who chose could be billed monthly rather than having a lump sum added to their mortgage payment.
Commr. Parks emphasized that this would be added to the mortgage statement unless they owned the house outright.
Commr. Smith said that he did not want it to be detrimental to the citizens.
Commr. Campione opined that if this was not running soon, the County could lose the people who were ready to start the process. She also opined that it could be left as an option, and that when monthly billing became available, they could switch over.
Commr. Smith remarked that if it was a voluntary service and they wanted it, then it would have to be explained to them very well.
Commr. Park opined that there was a trend in water resources statewide, and that eventually, an upgrade would be required to a DWTS or sewer service.
Commr. Campione opined that it would be good to inform residents about this trend, and that if they were about to invest in a new septic tank, they could go this route instead, circumventing the need to replace it later.
Commr. Parks added that later on, they would be
responsible for the full cost.
commissioner campione – district 4
bear proof trash
cans
Commr. Campione stated that there was an article in the North Lake Outpost newspaper stating that the County would be providing bear proof trash cans to residents, noting that there were many more people on the waiting list than they had trash cans for. She related that there had been many issues in northeast Lake County with trash collection, and that when the trash was not picked up on time, the bears had opportunities to get into them, which caused more litter. She inquired if American Rescue Plan Act (ARPA) funds could be used for a solid waste program, and if some of those funds could be allocated to buy more bear proof trash cans. She opined that because bears were losing their habitat, they were coming into residential areas, and if there was a way to keep them out of the trash cans, the bears would move back to the wilderness areas.
Ms. Barker mentioned that the County had requested bear proof trash cans in the legislative funding for the current year, and that it was not included in the budget, noting that $275,000 was requested. She stated that the County had invested about $79,000, and that an additional $250,000 in ARPA funds could possibly take care of the rest of the waiting list, which numbered about 900 residents.
Commr. Campione opined that it would make a large positive impact.
Commr. Smith related that the County was currently going through the budget process.
Ms. Barker explained that the County could just reallocate some ARPA funds. She commented that two solid waste garbage trucks had been purchased with delivery possibly in January 2024, and that there may be some funds left over from that and other projects.
Commr. Campione opined that there were many bears roaming northeast Lake County, and that this would help. She questioned if the Board would be receiving an update soon about exploring recycling options and obtaining feedback from residents through a survey.
Ms. Barker replied that the Office of Communications and the Solid Waste Department were currently working on it, and that they could provide an update at a future BCC meeting, including the waste composition study.
Back the Blue Walk
Commr. Campione commented that she had participated in the Back the Blue Walk, and that Lake County Sheriff Peyton Grinnell had spoken at the event, opining that it was a good event to support law enforcement in the community.
commissioner smith – chairman and district 3
Airborne Ranger parachute jump
Commr. Smith related that there was a Hardrock Charlie Foundation, Inc. parachute jump, and that 140 retired Airborne Rangers jumped from a World War II airplane into the lake and were picked up by boats.
meeting with the Office of Parks and Trails
Commr. Smith said that he had attended a meeting with the Office of Parks and Trails.
National Lost Sock Day
Commr. Smith remarked that it was National Lost Sock Day.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:34 a.m.
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kirby smith, chairman
ATTEST:
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GARY J COONEY, CLERK