A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
June 13, 2023
The Lake County Board of County Commissioners met in regular session on Tuesday, June 13, 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; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.
INVOCATION and pledge
Commr. Smith welcomed everyone to the meeting and noted that it was being streamed on the County website; furthermore, they were also broadcasting the meeting via Zoom.
Pastor Jamison Elder, 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.
Commr. Campione arrived at 9:06 a.m.
Agenda update
Ms. Jennifer Barker, County Manager, said that a proposed ordinance was updated for Tab 8, and that Tab 14 had an updated resolution attached since the agenda was first published.
special recognition – bud beucher
Commr. Smith commented that for 18 years, Mr. Bud Beucher had dedicated his time and talent to the Tourist Development Council, and that his passion and steadfast approach for tourism in Lake County had been unsurmountable. He stated that over the years, Mr. Beucher had made important decisions on marketing strategies, support of the recruitment of several major sporting events, and the development of several capital improvement projects in Lake County. He thanked Mr. Beucher for his volunteerism and for serving Lake County.
Minutes approval
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the minutes of the BCC Meetings of April 4, 2023 (Regular Meeting), April 11, 2023 (Regular Meeting) and April 19, 2023 (Special Meeting).
citizen question and comment period
Ms. Cindy Newton, a resident of Commission District 4, opined that Lake County was unique, and mentioned that they had the Green Swamp, the Wekiva River Protection Area, the Wekiva Study Area, and three rural protection areas (RPAs). She opined that these areas had been coming under pressure for development, and that it threatened their natural resources and their economy. She opined that they needed to address the protections, and she expressed interest in reaching out to the State to come up with something as they continued to work locally in redoing the interlocal service boundary agreements (ISBAs) and joint planning agreements (JPAs). She also thanked the Board of County Commissioners (BCC) for their work, along with Commissioner Shields for having never seen him waver in his protection of the Green Swamp.
Mr. Samuel Mehalick, a concerned citizen, relayed his understanding that the County had received grants to cover $1.2 million of the Astor County Library project cost, and that the funds would expire at the end of the current year. He also indicated his understanding that the County claimed to be covering the remaining cost, which was around another $1.2 million, and that private funding from the Astor Chamber of Commerce and other organizations had been given to support this project. He expressed concerns for County officials receiving preferred parking at the library, and for streets not having sidewalks where there was a library and a park. He relayed his understanding that the completion of the new library was expected by the end of the current year, and he asked what would happen if the funds were not used by the deadline and if the County would cover the cost of the entire grant funding. He also inquired if the County felt that the library was the best use of tax funding, and he opined that adding a drive-through would mean there would be more traffic on a road that was already unsafe for the public to travel on. He questioned if six months was enough time to complete this job during the rainy season, and he inquired why the cost of sidewalks was not added to the project. He also asked if it was the best use of County funds to place storm drains in the City of Mount Dora and if it would be better served in Astor, noting that the Federal Emergency Management Agency (FEMA) had recognized Astor as a national disaster area. He said that he had not seen Astor’s issues come up on any agenda, and he also expressed concerns for cleaning up a drainage ditch.
Commr. Smith mentioned that there was a study for the flood control of the sidewalks, and that the study had not been finished yet.
Mr. Mehalick opined that the cost for the sidewalks and storm drains was $1.2 million.
Commr. Smith clarified that this was an estimate and that the study had to be finished. He added that these answers could be emailed to Mr. Mehalick.
Mr. Fred Costello, a recent appointee to the Elder Affairs Coordinating Council, indicated that he was involved in making reasonable efforts to assure quality of service in several areas including senior citizen centers, independent living and assisted living facilities (ALFs), and the service provider directory. He mentioned that the council had discussed a need to update the directory of services, and he indicated an interest in an opportunity to outsource the service provider directory to Seniors Blue Book. He relayed that he had a proposal to utilize Seniors Blue Book, noting that they were willing to look at the various categories in the service provider directory to ensure that they were covered in the Seniors Blue Book. He added that this was a nationwide publication, and that this book covered four counties in the Greater Orlando area. He elaborated that Lake County was included, and that Seniors Blue Book was willing to include Lake County more significantly. He also mentioned that at no cost, Seniors Blue Book was willing to publish and deliver the book, and to consider other service providers they could include in the Seniors Blue Book. He opined that this was an opportunity to provide continued quality of service with the distribution, and he volunteered to be involved with this group to ensure that seniors became aware of the large amount of resources in the county. He also mentioned that before the coronavirus disease 2019 (COVID-19) pandemic, Lake County Connection was dropping individuals off at the senior center in the City of Groveland. He elaborated that this was stopped and never started again, noting that they needed more volunteers and that they had to get the bus back in service. He said that he had reported this issue to the Groveland City Manager, who then contacted the County; furthermore, the bus was back in service within 48 hours. He indicated that they were also working on a way to receive feedback on the quality of services in ALFs.
Commr. Parks thanked Mr. Costello for his service and expressed support for his efforts. He commented that the Board wanted to know what was good for seniors.
Commr. Shields mentioned that he had been the liaison to the Elder Affairs Coordinating Council after he was elected and that there had been issues; however, it was getting back to where it needed to be thanks to people like Mr. Costello.
Commr. Smith noted that they had some good people on the council and that they were working hard for seniors.
Commr. Campione commented that there was an item on the current agenda for a stormwater pipe under a railroad track in the City of Mount Dora, and that a concern had been raised regarding drainage work and stormwater issues in Astor. She relayed that the County spent much time in Astor on stormwater issues because it was in the floodplain and frequently flooded. She listed the locations of several projects in Astor from April 2022 to April 2023, noting that it was a report from in-house work that was being done there on a regular basis; additionally, there were also larger and longer range projects. She added that there was much staff and personnel time spent working on drainage issues in Astor.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Blake, seconded by Commr. Parks 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.
City of Tavares Ordinance 2023-09
Notice is hereby provided of having received Annexation Ordinance 2023-09 from the City of Tavares.
City of Fruitland Park Ordinance 2023-001
Notice is hereby provided of having received Boundary Amendment Ordinance 2023-001 from the City of Fruitland Park.
Avalon Groves Community Development District Resolution 2023-10
Notice is hereby provided of having received the Avalon Groves Community Development District’s FY 2024 Preliminary Budget/Public Hearing Resolution 2023-10.
COUNTY MANAGER’S CONSENT AGENDA
The Chairman opened the floor for public comment.
There being no one who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 14, as follows:
ADMINISTRATIVE SERVICES
Management and Budget
Recommend approval of the Veterans Treatment Intervention Program Agreement that provides financial support to Lake County for aid in felony and/or misdemeanor pretrial or post-adjudicatory veterans treatment intervention programs.
The total estimated fiscal impact is $88,750 (revenue). This includes revenue of $17,750 in Fiscal Year 2023 and $71,000 in Fiscal Year 2024.This is a cost reimbursement agreement based on actual expenses incurred by the County. The County will be reimbursed on a monthly basis by the State of Florida for the actual service-related expenditures.
Recommend approval of an amendment to the Interlocal Agreement with the Town of Montverde by increasing the allocation of American Rescue Plan Act funds to assist with the construction of the sewer infrastructure project.
Recommend approval:
1. To advertise an Ordinance amending the Educational System Impact Fees; and
2. To approve and adopt the Lake County Schools Educational Facilities Update Study Final Report dated April 21, 2023.
The fiscal impact is undeterminable at this time.
Procurement Services
Recommend approval:
1. Of Contracts 23-723 for office supplies to Lakeshore Learning Materials, LLC (Carson, CA), Office Machine Services (Mount Dora, FL), Staples Contract & Commercial, LLC (Framingham, MA), and Vari Sales Corporation (Coppel, TX); and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $125,000 (expenditure). Annual expenditures will not exceed available funding in the fiscal year budget.
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Recommend approval:
1. Of using contract 22-458 with Skyline Elevators, Inc. (Groveland, FL) to modernize one hydraulic passenger elevator, located in the Sheriff Administration Building, 360 Ruby Street, Tavares; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $124,367 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 3.
Housing and Community Services
Recommend approval to advertise an Ordinance amending Section 11-38, Lake County Code, entitled Homeless Mitigation Advisory Council. There is no Fiscal Impact.
Public Works
Recommend approval of a License Agreement with Florida Central Railroad Company (FCEN) to construct and maintain a stormwater pipe under the existing railroad track in Mount Dora.
The fiscal impact is $22,500 (expenditure) and is within the Fiscal Year 2023 Budget. Commission Districts 3 and 4.
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 $2,114.47 (expenditure – recording fees) and is within, and will not exceed, the Fiscal Year 2023 Budget.
Recommend adoption of Resolution 2023-69 to install stop signs and all way plaques on Greater Groves Boulevard at Greater Groves Boulevard, in the Clermont area.
The fiscal impact is estimated at $150 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 1.
Recommend adoption of Resolution 2023-70 accepting Crestavista Avenue "Part" (County Road No. 0654), Syracuse Drive "Part" (County Road No. 0656); Noto Avenue "Part" (County Road No. 0658A); and Marsala Street (County Road No. 0658B), as contained in Ridgeview Phase 3, into the County's maintenance system.
These roads, totaling 0.45 miles, have an Annualized Average Maintenance Cost Impact of $10,391.06 per year or $207,821.10 over a 20 year life cycle. This is based on current costs for road maintenance efforts including road surface, curb and gutter, drainage systems, sidewalks and roadway tree trimming.
The estimated annual fiscal impact is $10,391.06 (expenditure), which is within the Fiscal Year 2023 Budget and will be included in future year budget requests. Commission District 1.
Transit Services
Recommend approval:
1. To apply for the Florida Department of Transportation’s Service Development Grant for Fiscal Year 2024-2027; and
2. To adopt supporting Resolution 2023-71 authorizing the signing and the submission of the Grant Application with supporting documents; and
3. To accept and implement the Grant Agreement, if awarded.
The estimated fiscal impact for Fiscal Year 2024-2027 is $1,158,000 (revenue/expenditure - $579,000 grant funded and $579,000 in County funding).
Recommend approval:
1. Of the Memorandum of Agreement between the Florida Commission for the Transportation Disadvantaged and Lake County Board of County Commissioners; and
2. Of approval of the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Application for Fiscal Year 2023-2024; and
3. To accept the Trip and Equipment Grant agreement for fiscal year 2023-2024, when awarded, and authorize the County Manager to execute the agreement and any other associated documents required to receive the grant funds; and
4. To adopt supporting Resolution 2023-72 for the submission of the Trip and Equipment Grant Application and Agreement for Fiscal Year 2023-2024.
The estimated fiscal impact is $918,121 - $826,310 (revenue/expenditure - grant funded) and $91,811 (expenditure) in County funding.
regular agenda
commissioners
wolf branch innovation district and mount dora jpa
Commr. Campione said that the Mount Dora City Council had a meeting in the previous week, and she opined that there was much misinformation and misunderstanding, along with a presumption or assumption on the part of City officials that the County had not held up their end of the JPA. She opined that this was not the case, and she recalled that in 2004 when the JPA was adopted, she was representing clients and had observed negotiations. She relayed her understanding that the City and the County were working together and trying to plan for the future, noting that they drew the boundaries of what would be a joint planning area, with the understanding that this was the area where the City would ultimately annex property but would not go beyond. She stated that the County had made a decision at that time not to enter the water and sewer business, but to work with each of the Cities in the county to provide water and sewer services; however, in return, the County had land use and zoning designations in place which would continue to be honored. She opined that it was a tradeoff, noting that Cities would provide utilities, but in return landowners would have the availability of connecting to those utilities. She relayed that it was never anticipated that the City could then dictate every detail of a project or what land uses the City chose for those properties, opining that those landowners had rights. She recalled that she and Commissioner Parks were elected in 2010, and that they were focused on economic development; furthermore, while Commissioner Parks was working on Wellness Way, she was working with the Mayor of Mount Dora on a joint resolution which said that the City and the County were going to work together on the Wolf Branch Innovation District (WBID) and try to target certain industries, promote job creation, and diversify their tax base. She relayed that along the way, Dr. Richard Levey, with Levey Consulting, was hired, and that the County and City each paid part of the bill. She elaborated that there were multiple meetings with the public, and that part of what Dr. Levey put together was a conceptual transportation network within the WBID area. She added that the County had already designated this area in 2004 and earlier as an employment center because it was where the terminus of the Wekiva Parkway was anticipated to come out onto State Road (SR) 46. She commented that later, the land use in the Comprehensive Plan (Comp Plan) was changed to Regional Office, noting that it was the same concept where it was a place where jobs could be created and there would be a mix of uses, noting that there were accessory uses and that a certain percentage of uses could be residential. She explained that Dr. Levey’s plan for the WBID was patterned to include corporate headquarters, insurance companies, a large amount of office space, and light industrial to have uses such as medical research, technology, and agricultural businesses and research. She clarified that it would not include tall high-rise buildings and that there was a 100 foot limitation. She added that there was a conceptual transportation plan and that the Board had accepted Dr. Levey’s plan; however, they chose not to adopt the plan and include it in their Comp Plan because they already had these land uses and property owners with expectations about how they would be able to develop their property. She said that at that point, they were going to have a staff person work on how they might be able to blend Dr. Levey’s proposals into the Comp Plan, though this was never done. She stated that the County’s thought was that to avoid Bert J. Harris, Jr., Private Property Rights Protection Act challenges and to be fair, they had to contact each landowner, and evaluate how these rules would affect their property, and receive their buy in, possibly coming up with an in between that everyone could agree on. She then mentioned the Mount Dora Groves case, noting that this property had longstanding Regional Office with land uses that allowed more than the residential uses that they were requesting. She elaborated that when the applicant went to the City, the meetings were contentious and the Mayor of Mount Dora decided to have a public town hall meeting, which she opined was an unpleasant situation for the landowners and developers who were trying to come up with a plan that met the spirit of the City of Mount Dora code. She stated that the applicant felt that they could not have a fair hearing at the City, and that they brought their application to the County. She mentioned that the BCC ultimately approved their application, but by the time it was approved, each commercial design requirement in the City code was incorporated into their plan. She said that the County did what they had been doing for years, noting that the City staff sent comments to County staff, and that County staff worked with the developer to include as much as what the City was requesting as possible before the BCC would approve it. She opined that they were working in the way that the JPA was supposed to work, and that they currently had a situation where the County had multiple applications beginning to come in, including a large application for a significant percentage of the WBID property. She relayed her understanding that the applicant was doing something that would meet the spirit and intent of Dr. Levey’s standards, but would factor in that office uses and having large corporate offices where people came to work every day was pretty much a thing of the past at the current time. She opined that this factor led them to conclude that they probably needed to do a new market study and see about working with the City to reengage Dr. Levey to review if they needed to change some things about the plan. She reiterated her understanding that the developer was close in concept and spirit, along with the ratios of job creation to residential; additionally, the developer had chosen to group their light industrial uses in one part of the property, to shift the residential to another part of the property, and to place mixed uses together. She said that Dr. Levey’s plan called for these to be done in smaller blocks, but that this developer was saying that it made more sense to shift them around. She mentioned that the County had applications coming in, and that developers were reluctant to want to annex because of concern that the types of items she just mentioned would not be taken into account, along with having to develop in a way that was not viable from a market standpoint. She mentioned that a JPA situation had come up where the City was asking the County to not review applications, or to deny applications and force applicants to come to the City. She relayed that there was a discussion at the recent Mount Dora City Council meeting about whether the city was at capacity for sewer purposes, noting that the City’s Public Works Director had said that they had a large amount of water utility services, but were nearing capacity for sewer. She added that there was discussion regarding whether the City wanted to not expand their sewer capacity anymore and the implications if they did not want to serve someone. She did not think that the City had an understanding that they had an exclusive right to serve; however, if they chose not to serve, they would lose the exclusive right and open the door for other providers. She mentioned that the City Council had asked their City Manager to contact Dr. Levey and find outside council to provide them a legal opinion on their obligations under their utility system. She opined that the City Attorney provided an accurate summary of the law, but that there were City Councilmembers who felt like they needed someone else to give this opinion. She also thought that there was an idea that Dr. Levey’s plan was perfect and that the County’s land uses and what their regulations allowed were inferior. She thought that it would be helpful if the City was agreeable to having a joint session where there could be a presentation on what the County’s Comp Plan and Land Development Regulations (LDR) would allow compared to Dr. Levey’s plan. She added that it could also include where some of the issues were, opining that the plan possibly needed to be modified to address current trends in land uses. She thought that it would be beneficial to provide facts, and that they had made significant progress on the transportation aspects of Dr. Levey’s plan. She mentioned that the City had approved much residential development east of United States (U.S.) Highway 441, which she opined had caused impacts on adjoining county roads. She said that County staff had spent much time and money to address signals at Wolf Branch Road and Round Lake Road, and at Britt Road and Wolf Branch Road. She opined that these signals were necessitated in large part to the added development, and she commented that Dr. Levey had included a spine road in his plan called Vista Ridge which would help with east/west traffic and create an internal road in the WBID area. She said that this transportation plan was not in the City’s code, and that the County did not have the authority to say that developers had to incorporate this. She related that County staff worked with the City so that the City formally adopted the transportation plan which included the network Dr. Levey showed, noting that this was so that the County could say that developers would have to take care of Vista Ridge because it was in the City’s plan; furthermore, because of the JPA, the County was taking the City’s comments and implementing their transportation plans. She commented that when the County did road design, they had a requirement to incorporate trails, though she did not think the City had the same requirement; additionally, there was also an issue with CSX not selling right of way to the County, noting that they would have to come up with an alternative trail. She relayed that the road network in the WBID was a great way to try and incorporate a connector from the Neighborhood Lakes Trail and Wekiva Trial into the City of Mount Dora, noting that this could provide an opportunity if they could work on some of these positive items. She then mentioned that the City of Mount Dora and the County received an economic development grant which paid for the utilities to be moved in the right of way where they needed to expand Round Lake Road; additionally, it also funded the project development and environment (PD&E) study for the extension of Round Lake Road. She commented that the grant had to be paid back if they did not create the number of jobs that they represented in their application as a result of the WBID, opining that this was another reason why the City and the County needed to be working together to make economic development occur. She opined that they needed to find a compromise, and that they had been doing a good job with the JPA and the City providing comments, with County staff asking developers to incorporate those comments; furthermore, she opined that most of the comments were included in the plans. She added that for the Mount Dora Groves development, 100 percent of the design guidelines were included in the plan. She opined that if the County could get 90 or 95 percent of the comments into what they approved, then they were making the JPA work. She mentioned that the JPA had expired after the situation with Mount Dora Groves, and that the County had sent an amendment back which was not approved by the City. She said that the City had approved the JPA being put back in place per amended language, opining that language was removed which forced the County to not review applications or do their job. She elaborated that the City Council included in their motion that the BCC would have to approve the JPA as amended by the end of June 2023, and that the BCC would have to decide whether to approve the JPA as amended on June 27, 2023. She added that in the amendment, they would have one year to work on implementing the City’s design requirements into the JPA and the County code, noting that the County would have to continue to process applications and seek to have the City’s standards implemented. She related that during this time, the County could work with landowners and work on implementing Dr. Levey’s plan with the understanding that they likely needed to return to the plan and see if changes needed to be made. She proposed possibly having a joint meeting with the City and hiring Dr. Levey to review this critique with them. She stated that the BCC could consider whether they wanted to propose joint meetings or an initial workshop to provide facts, opining that there was a misunderstanding between the County and the City’s rules and how different they were.
Commr. Smith said that he was amicable with having a joint meeting with the City of Mount Dora and with including the JPA on the June 27, 2023 BCC agenda. He noted that this also gave them time to talk to the landowners who would be affected by it.
Commr. Parks also expressed support for this, and he thought that this should be done more with the Cities. He thought that there were some broad issues that needed to be addressed on a countywide basis, and he commented that if the City of Mount Dora was not going to provide service, then the alternative was a package plant, noting that he did not want to see the county covered with package plants.
Commr. Campione mentioned that the Cities of Eustis and Apopka were not far away; additionally, with this amount of land, the developer could likely provide the service.
Commr. Parks expressed support for having JPAs with every City, and he relayed that he was hearing that they should look at something like an urban growth boundary, noting that this was a State statute and was used in other counties in the State of Florida. He relayed that some of the Cities were saying that they were tired of the contention and that the County could tell them their vision of where and where not to grow urban.
Commr. Shields suggested reviewing the study, noting that office space in Wellness Way had to be adjusted. He added that the County now had Lake Economic Area Development (LEAD) and Ms. Mary Ellen Stern, Executive Director for Economic Growth, noting that they knew what the market was and what companies were looking for. He commented that bringing them to the table could help landowners feel better about the proposals because they would know that there was market for the product.
Commr. Blake said that he was fine with the Board’s consensus; however, he expressed concerns for his personal experience with joint meetings with municipalities. He opined that it sometimes did not resolve the issue, but increased the contention. He was unsure if he would be in favor of hiring Dr. Levey again, opining that these were things that the County could do without him.
Commr. Campione relayed that Dr. Levey was aware of these items and was a good facilitator, and she opined that they were in a situation where they needed a facilitator to help identify the issues, provide concerns, and possibly bring them to a point of consensus. She indicated that she was in favor of having the JPA in place because it helped County staff take comments from the City of Mount Dora and ask developers to incorporate them; however, if the City was taking the position that they were unsure if they were going to serve the WBID or expand their capacity, then this was a large question. She opined that the City was providing the services and that property owners were relying on this; additionally, investors and companies were making investments based on this. She commented that it was anticipated that the City and the County would do this together, and she expressed concerns for a mandate that rules must be put in place and that there could be no deviation or flexibility. She mentioned that it had worked with the City of Clermont because they adopted similar regulations, noting that there was not such disagreement regarding what was an acceptable regulation. She said that the County wanted to attract these companies, but if the land development side of this was out of control, then they would not want to be there. She opined that they had to understand how this affected their ability to attract job creators, and she thought that this could potentially be part of a joint meeting with Dr. Levey as a facilitator, along with possibly receiving input from the business side.
Commr. Shields asked if the new State law which allowed workforce housing to bypass the County and the Cities factored into this.
Commr. Campione noted that it was designated as regional commercial areas.
Ms. Melanie Marsh, County Attorney, relayed that it was a concern. She thought that under this law, the County could not refuse individuals doing affordable housing anywhere the County had commercial or industrial zoning, noting that only 40 percent of their development had to qualify as affordable housing. She opined that the issue with the bill was that it did not impose any type of restrictive covenant, reporting or penalty if they did not have 40 percent of their project as affordable housing, and she thought that it defeated the County’s Wellness Way and WBID programs because the County had no ability to refuse those developments; furthermore, they could not even come to the Board for a public hearing, and would generally have to be a staff driven approval.
Commr. Shields commented that the number he heard was closer to market rate and was around $2,000 per month. He opined that the County could see much of this.
Commr. Campione added that there was also a bill which indicated that they could not include residential design standards in planned unit developments (PUDs).
Ms. Marsh explained that this was Senate Bill (SB) 1604, and that originally when the Florida Legislature included language in the statute that the County could not do residential design guidelines for straight zoning, there was an allowance for PUDs where they could do residential architectural design standards. She elaborated that the Florida Legislature and the Florida Governor had changed this in the current year, and that as of July 1, 2023, the County could no longer include architectural design guidelines for residential development in their PUDs. She indicated that there was another allowance for governments that had established architectural review boards where they could still do these types of design requirements, but this was amended such that if the County did not have an architectural review board in place by July 1, 2020, then this was no longer an option. She summarized that for purposes of Lake County, they could not require any type of architectural design guidelines for the structure whether it was straight zoning or any type of conditional zoning. She clarified that it was limited to building design elements, and that it did not prohibit the County from regulating lot sizes, open space and community-type design elements.
Commr. Campione relayed her understanding that for the affordable housing bill, the County would have no say whatsoever, and that it would only be their straight platting requirements; additionally, there would be no zoning hearing.
Ms. Marsh confirmed that there would not be a zoning hearing, and she said that she was looking at bringing an ordinance to the Board which would require them to do restrictive covenants and have annual reporting, noting that this did not appear to be prohibited by the bill. She also indicated that it would not be something that would have the Board’s approval, and that it would just be like any other County code which would be part of a site plan approval.
Commr. Campione inquired about if the utilities were not available, but an individual wanted to do an affordable housing project without coming in for a rezoning and using the office uses.
Ms. Marsh indicated her understanding that they would still have to comply with all of the County’s other multifamily requirements, and that they would still have to have utilities if this was required. She said that the only thing it exempted them from was the County’s zoning requirement that multifamily must be in specific areas.
Commr. Campione commented that if they did not have water and sewer, and if they needed a well and a septic tank or a distributed wastewater treatment system (DWTS), there were items in the County’s code that would require the lots to be a certain size, and she asked if this would still apply.
Ms. Marsh confirmed that anything other than the actual zoning of where the particular use could be placed would still apply.
Commr. Campione opined that this was an opportunity where the City of Mount Dora and the County could work together. She reiterated that there was a large landowner who wanted to develop a large portion of the WBID area, and if they were willing to present their plan and if the County and the City did not have to be concerned with these other items, then to her it seemed like a good reason to be negotiating with the developer and the City to work out something in the long run; otherwise, they may not be happy with how things would end up if the landowner started selling parcels.
Ms. Barker indicated that staff could work with the BCC Chairman to draft a letter to the City of Mount Dora inviting them to have a joint session.
Commr. Parks relayed his understanding that with the Live Local Act, they would still have to adhere to other parts of the code.
Ms. Marsh explained that they had to comply with all requirements of the County’s code, aside from architectural design standards for residential, but were not required to rezone.
Commr. Shields expressed concerns for the effects on the County’s planning for where they wanted their assets to be.
Commr. Campione mentioned cooperation and coordination with developers and local government, and she opined that if everyone could work together and be fair and reasonable, then they could get more accomplished.
Commr. Parks opined that cooperation was also less costly.
tax collector’s office update for four corners area
Mr. Randy Van Alstine, Chief Administrative Officer for the Lake County Tax Collector, provided an update on his office’s Four Corners government complex proposal that he originally made on May 9, 2023. He indicated that the Tax Collector’s Office was pivoting from the design, build and lease model to another form of public/private partnership that they originally considered to be the best option for the Four Corners region, noting that it would be a licensed private tag agency. He stated that the Florida Statutes allowed the Tax Collector to authorize a licensed private tag agency to serve as their agent to provide tag and title services, and that this was a large part of the service demand coming to their City of Clermont office from that region. He commented that in the previous month, it was his direction to begin a due diligence period, noting that the Cagans began drafting a boundary survey for the parcel, and the contractor began doing some scheduling for geotechnical and environmental testing activities. He elaborated that about a week into that period, they learned that the licensed private tag agency that Mr. David Jordan, Lake County Tax Collector, had an initial agreement with had to redevelop their financial structure; furthermore, his office was now in a position to move forward as originally planned. He stated that complicating the matter were significant delays caused by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), and that since then, Governor Ron DeSantis had replaced the FLHSMV Executive Director; additionally, he relayed that his office had full confidence that there would not be a repeat of these delays. He opined that it was the right decision to go back to a licensed private tag agency, and he said that having these services in the Four Corners area would not only benefit customers who did not want to travel 15 to 30 miles for Department of Motor Vehicles (DMV) services, but would also improve capacity in their City of Clermont office. He related that greater capacity would allow for better customer service metrics, as well as extend the life of their facility. He mentioned that this decision would ultimately save millions of dollars by removing the expenses associated with leasing or constructing a new branch office, along with removing the necessity to hire several new employees and a manager. He commented that collectively, these expenses would create a significant detriment to the amount of excess fees retuned each year to the BCC, and that Mr. Jordan had always addressed operation and fiscal challenges with an innovative approach. He explained that although Mr. Jordan’s budget was approved by the Florida Department of Revenue (FDOR) and not the BCC, Mr. Jordan operated his office responsibly which allowed him to return a greater amount of excess fees to the County. He commented that the Board could redirect those savings to services critical to maintaining the way of life in Lake County, and he relayed that his office had completed their move from the old administrative office across the street. He explained that Mr. Jordan had offered to vacate and relinquish the administrative office space located on the second floor, and that as a result approximately 12,000 square feet of class A office space would be collectively relinquished to the Board. He opined that this innovative approach demonstrated Mr. Jordan’s resolve in collaborating with the Board and other Constitutional Officers to best address local needs. He opined that this was an example of Mr. Jordan’s willingness to relocate his office with the understanding that this would initiate a chain of events to provide both economic and operational gains for the Board, which would benefit the citizens and businesses of Lake County.
Commr. Smith thanked Mr. Van Alstine and Mr. Jordan for their work, noting that the public/private partnerships he discussed in Four Corners were great and could possibly save millions of dollars each year.
Commr. Parks expressed appreciation for what Mr. Jordan had done over the years to watch out for the Board.
supervisor of elections lease of sears building in leesburg
Ms. Barker said that the purpose of this item was to discuss the Supervisor of Elections (SOE) lease and potential facility. She provided the following background information: in February 2022, the County purchased 13 acres at Lane Park Road to construct a new SOE facility, though when the County received the estimated cost of about $24.5 million to $25 million, this project was put on hold in July 2022; in September 2022, the County approved a lease agreement with the Lake Square Mall for the former Sears building which contained about 68,000 square feet to be used for the SOE’s entire operation; the Board also approved the use of an architect and construction manager for design and construction of the required renovations; and the approved renovation budget was $3.5 million. She explained that the lease provided for the following: a monthly lease rate of around $43,922, which was about $7.70 per square foot; the annual lease rate was approximately $527,000; no lease payments until June 1, 2023; there was an initial lease term of 10 years with two five-year renewals; three percent annual rent increases; the County had a right to terminate after the first five years with six months written notice and no penalty; and the landlord had a right to terminate with 12 months’ notice and reimbursement to the County for unamortized value of improvements not to exceed $4 million. She recalled that in early 2023, the County was notified that the facility contained asbestos which required remediation; additionally, the 50 percent design plans estimated that the project cost would be approximately $8.3 million, which substantially exceeded the original budget of $3.5 million. She relayed that after discussions with the SOE and the BCC Chairman, staff was directed to explore other options. She commented that option one was the purchase the former Sears building for an estimated cost of $6.6 million to $7 million; furthermore, the County would potentially impede any future efforts of the landlord to redevelop the overall property, and further discussion with the landlord would be required if this option was selected. She remarked that option two was to terminate the Lake Square Mall lease, noting that she and Ms. Marsh had reached out to the property owner to negotiate an early termination due to there being a five year commitment to the lease. She elaborated that the landlord has proposed the option of 12 months’ rent at an estimated $527,000 as an early termination fee, and the County would be required to put the building back into leasable condition at an estimated $400,000 to $450,000. She added that the County had expended approximately $727,000 for design, construction management and asbestos remediation to date, and that this option would result in a fiscal impact of approximately $1.5 million to 1.7 million to the County; furthermore, additional warehouse space would still be needed to address the SOE’s space issues. She said that option three was to continue with the renovations of the former Sears building, noting the following: the landlord had proposed using their general contractor to complete the renovations for the original $3.5 million budget; the landlord was confident that job could be done for the original budget or slightly over, not to exceed an additional $300,000, subject to completed plans; the landlord indicated that any cost overruns would be at their expense; and it would require completion of design and permitting. She stated that option four was to utilize the former Sears building for other County purposes, relaying the following: the County could reduce the renovation costs by utilizing the building primarily for storage; the facility could be slightly modified to create a secure warehouse space for the SOE and to provide training and meeting rooms; and the Lake County Sheriff had indicated he could use the remainder of the building for his operations for warehouse space, noting that the renovation cost would be significantly decreased. She commented that option five was the potential purchase of the existing SOE facility in the City of Tavares, noting the following: the landlord had provided notice that they were selling the entire building located at 1892/1898 West Burleigh Boulevard; the County had the right of first refusal to purchase the building; the purchase price was $4 million; the offer was good for 30 days from April 11, 2023, unless additional time was requested, commenting that she believed that an extension was received from the property owner; the building contained approximately 25,000 square feet with almost 19,000 square feet for the SOE and slightly over 6,000 square feet for SouthState Bank; SouthState Bank had a lease which was effective November 1, 2007 with the current term expiring in 2027, relaying that an additional five year renewal would take the lease agreement through 2032; purchasing the existing facility would not provide the additional space that was needed for the SOE; the SOE would need additional warehouse space until another location was secured or until the County constructed a permanent building on the Lane Park Road property; and the County would become a landlord to SouthState Bank and be responsible for all landlord obligations, including liability for accidents, etc. She related that option six would be to move forward with construction of a new facility on the Lane Park Road property, which was the 13 acres purchased in 2022. She explained that the previously estimated construction costs were $25 million for the full project, $10 million for the warehouse phase, and $19 million for the administration phase; additionally, the 2022 needs study projected that approximately 48,000 square feet of space was needed through 2042, and they could utilize the current design professional and construction manager contracts. She related that option seven was to purchase an alternate location with an existing structure, relaying that the proposed existing facility located on CR 448 was currently on the market; however, the costs were unknown at this time. She summarized that there were seven options, and that if options two or four were selected, the Board would possibly need to terminate architectural and construction manager contracts they currently had in place.
Commr. Parks recalled that the Board had been interested in building a new structure because they would own it and it could be planned out for the next generation. He asked to review what the Board could do with bonding and short term loans.
Ms. Barker explained that last few short term loans that the County did had utilized the Infrastructure Sales Tax (IST) as the funding source for the debt service; however, they were now in 2023 and the current IST authorization expired in 2032, which was less than 10 years. She was unsure how they could pay a debt service in the amount of $24 million in less than 10 years, noting that they would have to forgo other projects in the IST project plan. She mentioned could take out a loan against non-ad valorem sources, though they did not have many of these sources in the amount needed to pay off a loan debt service of this amount. She added that if they did a loan based on the ad valorem tax, it would have to go on a ballot for a referendum because it was tax revenue.
Commr. Parks recalled that the Lake County Courthouse was a General Fund bond, but that this statute was not in place at that time, noting that it had not been a referendum.
Ms. Barker relayed that the original loan was taken out in 2007, and that it could have been utilizing IST, which was non-ad valorem.
Commr. Parks thought that a large portion of it was ad valorem, which did not previously have to go to referendum, though it currently would.
Commr. Smith opined that the issue with taking out a loan at the current time was that the interest rates were high, and he indicated interest in option four, opining that it was the cheapest option and that it would provide the SOE his warehouse space; additionally, it also provided the Lake County Sheriff’s Office (LCSO) their needed space. He hoped that in five or ten years, the construction costs would decrease and the interest rates would level off.
Commr. Shields thought that the new option was interesting, commenting that it would keep the County from losing their sunk costs. He said that he would also not move operations into the Sears building with a one year termination; however, if the County owned it, then many of these issues went away. He said that he would like the County to own something large enough to get them through the next 20 years.
Commr. Parks relayed his understanding that options one and five did this, and that option five was the existing SOE building and using the Sears space.
Ms. Barker clarified that option five was purchasing the SOE’s current facility, and that even if the bank was not there, it was only 25,000 square feet; additionally, the needs study identified a need for 48,000 square feet.
Commr. Shields opined that the County did not want to be a landlord, and that option five was not viable.
Commr. Parks indicated that this did not bother him as much.
Commr. Blake stated that the financial benefit of ownership was that it freed up IST funds, opining that $4 million was looking like very little compared to some other options. He added that they would have a significant amount of other funding from the IST to construct a warehouse. He relayed his understanding that Senator Alan Hays, Lake County SOE, was not in favor of splitting the operation, and he relayed that many County departments and other Constitutional Officers had to split their operation.
Commr. Shields asked about the total cost of option one.
Ms. Barker replied that to purchase the building, they gave the County an initial estimate of $6.5 to $7 million; additionally, they would have the renovation costs which were originally quoted at about $8.3 million, with a total of around $14 to $15 million.
Commr. Smith indicated his understanding that they had a new renovation cost of $3.5 million.
Ms. Barker said that she was referring to the 50 percent plans that the architect did, noting that it was costed out by the construction manager at about $8.3 million. She was unsure if the $3.5 million cost was on the table if the building was purchased.
Commr. Campione expressed concerns about purchasing the Sears building if the landlord wanted to redevelop the site for economic development, noting that there could possibly be pressure on the County to sell it back or leave the building. She commented that renovating to the point where they could use it for storage and warehousing addressed the needs for the LCSO, noting that the warehousing space would continue to be needed if another option became available. She also expressed concerns about being a landlord to a bank, and the liability that this could create.
Commr. Parks said that they could have insurance and include this in the cost.
Commr. Smith indicated that it would not concern him if the bank was not there, noting that the County would be responsible for those individuals coming in and out. He opined that the County would have much liability if they purchased that building and had to lease it back to the bank.
Commr. Campione mentioned that there was also a five year extension.
Commr. Parks asked if they could include this in the cost of the lease, opining that there was no more liability for the current owner.
Commr. Campione recalled some challenging things that had happened around bank properties, and she expressed concerns with being a government entity and a landlord.
Commr. Parks opined that if there was a potential benefit in cost to the County, then it may overcome that.
Commr. Campione noted that the County had the first right of refusal, and that this did not necessarily go away if the County went forward with using the Sears building for warehousing to address immediate needs. She commented that otherwise, the funding they put into the Sears building was gone with no benefit, noting that they knew they had a need for storage for the LCSO and for logistical operations.
Commr. Parks inquired about the total cost for option four to purchase the building and using the Sears building as the existing warehouse for other County purposes as well, including the LCSO.
Ms. Barker replied that it would be a reduced cost and that initial estimates were that they could do renovations, split the space, and provide a secure area for about $2 million to $2.5 million, which was below the original budget of $3.5 million. She commented that if they did this, they could cover the LCSO’s needs and have climate controlled secure warehouse space for the SOE; additionally, they could also include some County warehousing for public safety support logistics.
Commr. Parks said that if they added up option four, it was $4 million for the building.
Ms. Barker clarified that if they were discussing purchasing the existing building, they would be looking at roughly $6.5 million for the purchase of the existing building, plus the renovation; furthermore, they would add the lease amount for the Sears facility as well.
Commr. Blake asked if the existing warehouse within the current facility would be converted to office uses and training space.
Ms. Barker stated that this could be done, and she thought that it would be a minimal renovation.
Commr. Blake asked how much additional square footage this would provide for office uses.
Ms. Barker thought that the current square footage in the warehouse was about 8,000 to 10,000 square feet.
Senator Hays remarked that in the last six years his office had added a net of over 60,000 voters, and that the county was growing exponentially. He opined that the needs of the county would continue to grow, and that he expressed concerns for running a first class county government on a cheaper model. He opined that splitting the operation would cost more money in the long run, and that the $3.5 million to build out the Sears building could not be done. He relayed that he had to have reliable humidity control for the equipment and ballot paper, and he relayed his understanding that only two of the nine air conditioning units on top of the building were cooling, noting that they were also in need of repair. He mentioned the special needs of his office, and said that his warehouse was a working warehouse, noting that the instrumentation had to be programmed for each election and precinct or early voting site for the elections. He confirmed that their currently facility had 8,000 square feet in the warehouse, and that it could cost some money to turn it into suitable administrative space for a ceiling and air conditioning ducts. He opined that the best option for the taxpayers of the county was to build a new building on the 13 acres, and he pointed out that his office had returned over $2.8 million to the County budget in the six years that he had been the SOE. He opined that his office was practicing fiduciary responsibility, and he relayed that the first commitment of his office was voter confidence, noting that voters deserved to know that their elections office was well run, secure, safe, and up to date. He opined that the next best option was to purchase the Sears building, and he opined that his office had to have more space, modern security and climate control. He related that if they divided $13.8 million by 48,000 square feet, it was less than $300 per square foot to build the building. He opined that if the County bonded it at the current time with high interest rates, they could always refinance it when interest rates decreased, and that in the meantime they would be investing funding in their own facility. He expressed support for building the facility.
Commr. Smith believed that the first estimate for building a new building was $24 million.
Senator Hays clarified that this included the site work and everything else, such as soft costs.
Commr. Parks asked about the IST revenue from the previous year and the projections for the current year.
Ms. Barker replied that they were projecting about $22 million, and that this was if the trend based on the first six to seven months was in line. She commented that there were many projects, such as debt service of about $2.5 to $3 million, which had to be paid for the animal shelter, the public safety radios and road resurfacing. She added that they also had commitments to the City of Groveland for $1.5 million toward the construction of the capital improvements to the South Lake Park; furthermore, the County was building new libraries and had fire stations in the works. She mentioned that they also had match agreements for Florida Department of Transportation (FDOT) funding for road expansion in several areas, along with LCSO vehicles.
Commr. Parks asked about the County’s freedom with this revenue.
Ms. Barker estimated that they would have $1.5 million to $2 million of revenue available for debt service; however, they had a $20 million loan from several years prior that they paid $2.5 million to $3 million on at an interest rate of about 1.85 percent, which was not the case at the current time. She clarified that the County had about $1.5 million for less than 10 years, noting that the referendum expired on December 31, 2032. She said that even if the voters were to approve an extension of the IST, the County could not take old debt and apply it to the new authorization; therefore, it would have to be paid from another source.
Commr. Smith asked how long the SOE office had on their current lease in the City of Tavares, and Senator Hays replied that they just renewed it for five years. Commissioner Smith then stated that option four could potentially be done for five years, and that within those five years the County could determine a better option; however, he was not willing to spend $25 million on a building.
Senator Hays opined that if it was put off for five years, it could possibly cost $30 million. He said that he had asked the Lake County Property Appraiser about their projections for how much more revenue the County would realize in the following fiscal year, noting that his answer was $20 million.
Commr. Smith relayed that about 60 percent went to Constitutional Officers.
Senator Hays opined that the voters and his staff deserved better treatment, and he thought that this needed to be done.
Commr. Parks commented that for the build option, there would be about $12.5 million if they used the IST.
Senator Hays recalled that Commissioner Blake had previously stated that with two years’ collection of the IST, they would have enough funding to build the building.
Commr. Campione clarified that they would be putting off fire stations and buying emergency medical services (EMS) vehicles, noting that the County would be affecting areas where there was much public reliance.
Senator Hays opined that the public expected his office to be errorless, and to not have a second class election. He asked that if the Board decided to purchase the existing building, was the removal of the bank an impossibility based on their current lease.
Ms. Marsh explained that the County had to honor their lease unless they voluntarily agreed to leave.
Senator Hays commented that the current lease of the Sears building had a three percent escalator clause, and that the County would be spending over $6.1 million in lease payments over 10 years. He said that if another $8 million was added to this, the County would be spending $14 million or $15 million to put his office in the Sears building; additionally, at the end of the 10 years the County would have nothing left and be faced with another challenge, opining that it could possibly cost $35 million to build a new building at that time.
Commr. Shields wondered if the Board would be comfortable with having staff come back with financial models for options one and six.
Commr. Smith thought that they could determine the options they liked and remove the ones that they did not like.
Commr. Blake indicated that he would be interested in knowing more about option five and the cost of turning existing warehouse space into other uses.
Commr. Shields wondered how the County funded something like this, and what was and was not possible. He indicated interest in this information being in one location so that the Board could discuss it.
Commr. Blake recalled that he had concerns about the Sears building because it would not be the County’s asset, and he also agreed that the County could not afford a $24 million building. He stated that his idea at the time had been that if the Board decided to build something, to do it in a modular fashion built to accommodate future additions as funding was available.
Senator Hays said that this was an option that his office could live with, and he recommended to build administrative suites first on Lane Park Road because they would not have to do any remodeling at the existing facility; however, he opined that this would add to the long term cost. He relayed that according to the needs assessment, the most economical way was to build it was all at once.
Commr. Parks opined that the Board could look at option five for purchasing the existing SOE building, and that the details of the lease would be important for liability. He opined that it was not uncommon for other governments to lease space, and he expressed concerns for purchasing the Sears building.
Senator Hays pointed that for option four, the County planning to put all of his warehouse equipment there would be amicable; however, it would have to be secure, and he would not be sharing space with other County agencies for security reasons.
Commr. Parks thought that with option five, one possibility was that he could still use the Sears warehouse space.
Commr. Smith relayed his understanding that the consensus was to have staff look at options four, five and six, and bring numbers back to the Board.
Commr. Campione said that she was not in favor of option six, and opined that it was not the time to do this.
Commr. Smith stated that he liked option four, and he commented that Commissioner Parks would like to have more information on option six.
Commr. Parks clarified that he did not mind fully examining the Lane Park Road location, and he indicated interest in more specific details for option five because they could purchase the existing building and use the Sears building for storage, noting that there LCSO could also be there and be separate. He relayed his understanding that the number for this was $7 million or less.
Commr. Campione mentioned the possibility that the bank may decide to go somewhere else.
Senator Hays requested to see the total cost of each option, rather than just the price, and compare them, opining that it would be more expensive to operate his office in a split pattern than if they were consolidated.
Ms. Barker summarized that they were reevaluating options four, five, six, and a hybrid of options four and five together.
Senator Hays asked if option one was being taken off the table, and Commissioner Smith replied that he was not in favor of option one.
Commr. Shields said that he would like to see the numbers.
Commr. Campione stated that she would only go there if it was just using it for storage until they saw what would happen with the mall area. She expressed concerns for putting renovation funding into this and then possibly being pressured to leave the building.
Commr. Blake indicated concerns for owning a piece of an almost 50 year old mall.
Ms. Marsh asked to clarify how much due diligence the Board wanted staff to engage in for determining the total cost of each option for purchasing the existing facility in the City of Tavares. She added that to know the total cost, they would have to know the status of the systems in the building.
Commr. Smith said that they had to do enough due diligence to have an educated number.
Senator Hays inquired if a timeline could be placed on this, and Commissioner Smith stated that staff would start immediately.
Commr. Parks asked if a phase one environmental study would be done for the current facility.
Ms. Barker confirmed this and added that they would have to utilize a contractor or someone they had on staff, adding that they had a construction manager on staff as well. She added that the County had done extensive renovations to the facility in 2018.
Senator Hays recalled that the County had accommodated the needs of his office at that time, and that the warehouse did not receive renovations.
recess and reassembly
The Chairman called a recess at 11:03 a.m. for seven minutes.
ordinance for road network design standards in wellness way
Mr. Fred Schneider, Assistant County Manager, said that the purpose of this presentation was to present the Wellness Way regional road network landscape and hardscape design standards, and to request approval to advertise the ordinance adding the standards to the LDR. He relayed that the Wellness Way design guidelines were adopted by the BCC on May 3, 2022, and that the design standards were necessary to further define the requirements of the regional road network landscaping and hardscaping policy that fit within the design guidelines. He commented that the primary intent of the Wellness Way Area Plan (WWAP) was to effectuate positive change for the following initiatives: job creation and economic development; regional transportation connectivity; creation of the wellness corridor/recreation/open space network; promotion of recreation and healthy living; water smart approaches; preservation of scenic resources, including topography; and health and wellness community development. He added that the primary intent of the Wellness Way landscape and hardscape design standards was to provide direction to designers of individual segments of the regional roadway network, and for staff utilization in approval of final regional roadway construction plans that were consistent with the previously adopted Wellness Way design guidelines.
Mr. Blake Drury, with GAI Consultants, mentioned that they also had community design guidelines for streets and parks. He thought that the County saw fit to create these design standards to discuss the landscape and hardscape for the regional roadway network to give continuity and to ensure that there was a certain look and feel because it would be designed by people in different segments. He commented that the standards applied to the regional roadway network, which was defined in the community design guidelines, noting that it included the following roads: Wellness Way from United States (U.S.) Highway 27 to the Orange County line; Hancock Road from Hartwood Marsh Road to Wellness Way; Schofield Road from Wellness Way to the Orange County line; and CR 455 from Hartwood Marsh Road to Sawgrass Bay Boulevard. He clarified that the standards were not intended to be applicable to the neighborhood street system, which was covered by the Wellness Way community design guidelines and standards. He said that their standards included Florida native and Florida friendly landscaping to have a diverse mix of appropriate and resilient plants for the roadways, noting that doing this would end up with plants that were low maintenance. He added that there was minimal irrigation, and that it would not require additional supplemental irrigation. He mentioned that there would be color and seasonal interest, open space character, and standards for trail comfort and connectivity. He commented that there would be urban and rural roads, and that the standards would define the range of material that ought to be planted in each of the different areas. He showed an image showing an urban area with a sidewalk, a sidewalk parkway, a median, a trail, and a trail parkway, and he listed the following standards: a six foot sidewalk; an eight foot sidewalk parkway; supplemental pedestrian lighting; canopy trees on a 50 foot center; a minimum amount of shrubs; a maximum of 50 percent turf utilizing Bahia grass, which was low maintenance; the median was designed to be 22 feet wide with a curb; street lighting would be in the median; a 14 foot trail; and canopy trees in the parkway, along with a minimum amount of shrubs and a maximum amount of turf. He then discussed the rural section standards and noted that they were generally went through Conserv II, commenting that they had rural drainage through swales rather than curb and gutter. He also listed the following standards: not requiring supplemental pedestrian lighting on sidewalks the way that they were in the urban section, with the expectation that most individuals would be on the trail; the sidewalk parkway was headed toward pine trees; instead of having trees on a regular spacing in the median, it would be a certain number per distance; and on the trail, there was a similar requirement for clustered trees to try and ensure that the trail was shaded. He showed images of several examples of appropriate landscape materials that one could use in Wellness Way to create the design and continuity for the roadways, along with appropriate hardscape materials and furnishings. He also showed an example image of signs, signals and lighting, noting that they wanted to ensure that the landscape stood out more than the regulatory signs. He indicated that they had worked with Duke Energy to have a street light which certified as dark sky, and that had a more modern look. He relayed that generally, the entire width of the right of way could be lit from the median on around 125 feet of spacing, noting that if there were some places that needed supplemental lighting, it would be the same fixture on a lower pole and only had to be added where it was needed. He displayed graphics for the urban section initial and final builds, and the rural section initial and final builds, relaying that these roads were initially designed to be two lanes and be built from the edge of the right of way inward; additionally, they were requiring the future lane on either side of the median to be turf.
Commr. Shields asked if there was a physical barrier between the car lane and the bike lane.
Mr. Schneider denied this, but noted that they had a three foot buffer, which was the current standard.
Commr. Parks expressed support for this item, noting that it was the standard for the road network through Wellness Way. He opined that the way this looked would lend itself to trying to attract business.
Mr. Schneider added that this was above the normal standard for county roads, and he recalled that the BCC had previously approved the Wellness Way municipal service taxing unit (MSTU); furthermore, the MSTU was the method that they would use to maintain these standards to a high quality.
Commr. Parks remarked that this was not a General Fund obligation, and that it would be paid for by development. He also mentioned that the rural section would go through Conserv II, and that it would look more like a state park.
Commr. Smith relayed that they would build an original single lane road with a wide median, which meant that the utilities would be on the outside of the median. He also indicated that when they had to redo this road, it would be at half the cost of adding two more lanes when compared to a traditional build.
On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to advertise an Ordinance creating Section 16.00.03, Chapter XVI, Lake County Code, Appendix E, Land Development Regulations, to be entitled Regional Roadway Network Landscape Design Standards, for portions of Wellness Way, Hancock Road, Schofield Road and County Road 455, within the Wellness Way Area Plan Boundaries.
public hearing: ordinance 2023-37 mt. plymouth-sorrento cra
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 CHAPTER II, DIVISION 5, LAKE COUNTY CODE, ENTITLED MT. PLYMOUTH-SORRENTO COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; MODIFYING MEMBERSHIP AND TERMS; CLARIFYING DUTIES; 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 mentioned the requirement that the members who served on this group would have to do ethics training. She thought that this was beneficial, and she then recalled comments from a previous BCC meeting which opined that not much had happened since this was established about 10 years prior. She opined that it was currently on the cusp of this, and that when this was put in place, the County knew that there would soon be pressure on the area with the Wekiva Parkway being finished. She added that FDOT had transferred SR 46 to the County, and that the County was making many transportation improvements there. She said that the hope was that when things started to occur, they would be in a position where they could implement the streetscaping, signage and items that the Mt. Plymouth-Sorrento Community Redevelopment Agency (CRA) had been working on. She reiterated that it looked like it was on the cusp of there being an infusion into the CRA fund, and she thought that these changes were good. She also believed that having a member appointed by the chamber of commerce was helpful, noting that the chamber provided public information to everyone in the community and was involved in everything occurring in the area.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-37 amending Chapter II, Division 5, Lake County Code, regarding the Mt. Plymouth-Sorrento Community Redevelopment Advisory Committee.
public hearing: ordinance 2023-38 lcwa board compensation
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 24-8, LAKE COUNTY CODE, ENTITLED BOARD COMPENSATION; PROVIDING FOR A STIPEND AS SET FORTH IN THE APPROVED BUDGET; ESTABLISHING COMPENSATION FOR FISCAL YEAR 2023; AMENDING SECTION 24-10, ENTITLED POWERS OF AUTHORITY; PROVIDING FOR THE POWER TO PROTECT ASSETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Marsh said that this ordinance pertained to the Lake County Water Authority (LCWA), and she mentioned a correction on page two, under subsection 24-8, where it said “beginning October 1, 2024,” noting that it should be “beginning October 1, 2023.”
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 asked for a review of this item.
Ms. Marsh explained that currently, the compensation for the LCWA Board members was $25 per day that they performed service for that entity, and that the proposed ordinance was changing this. She commented that retroactive to October 1, 2022, the LCWA Board members would receive a $1,000 per month stipend through September 2023, and beginning October 2023, they would receive a monthly stipend based on the budgeted amount approved by their Board and the BCC as the governing body over the dependent special district.
Commr. Campione inquired if the original language in the LCWA enacting legislation provided for $25 per day in 1953.
Ms. Marsh thought that it was 1963, and she confirmed that this was correct and that it went back to when the LCWA was first created. She clarified that it was $25 per day for each day that they performed services on behalf of the LCWA.
Commr. Smith believed that he had previously done a calculation where it would be around $248 per day at the current time with inflation.
Commr. Campione noted that the County did not have any other boards or authorities that were paid, but that it was established from the beginning that the LCWA Board would receive a stipend for the time they set aside to do the work of the LCWA. She added that the other boards did not oversee budgets, nor did they have millages, noting that they were more advisory in nature. She said that she was trying to find a place that was reasonable and fair.
Commr. Smith was unsure if he liked the flat $1,000, commenting that he would be amicable with $250 per meeting, not to exceed $1,000.
Commr. Campione asked if it would be a public meeting, or meetings that they attended on behalf of the LCWA.
Commr. Smith clarified that it would be meetings on behalf of the LCWA.
Commr. Campione thought that six months from the current time, it would be helpful if the BCC could review a record of the meetings and events that the LCWA Board attended on behalf of the LCWA. She added that the BCC could decide if this was the right direction and amount, but limit it to $1,000.
Commr. Blake opined that everyone who requested to be appointed to the LCWA Board after the legislative change understood that it was a volunteer board, and said that he was uncomfortable creating these positions. He thought that if they were going to create these five paid positions, then there could just be one person who had this as their full time job. He also expressed concerns for a retroactive payment to October 2022. He opined that the economy was unusual, and he indicated concerns for the optics of creating paid positions for what had been a volunteer job with a stipend since the 1960s.
Commr. Campione did not think that it was creating a salary, and she was unsure if it was clear that the stipend would be taken away.
Commr. Blake did not think that it was the intention of the State Legislature to create five new government jobs.
Commr. Parks said that the LCWA Board was appointed by the BCC and was not on staff; additionally, they would not be guaranteed every year because if the current item passed, it would be as it was budgeted yearly. He opined that water resources was likely the most important issue in the county, and that this was an incentive to attract people with diverse backgrounds and ask them to spend many hours making recommendations for the BCC; therefore, there was possibly some compensation for this that could help with this and to keep the LCWA Board more diverse. He added that it could be changed and that it was year to year, noting that there could be some adjustment based on what they actually did. He also thought that with some boards like the Planning and Zoning Board, the County was asking them to not go to work that day, and he said that he was not totally against paying for their gas to keep those Planning and Zoning Board members attending meetings.
Commr. Campione said that the County wanted people who were working and who were possibly in the business world to be involved in positions like this. She opined that they wanted to make this a position where people would be able to step away from other things they were doing to serve, without going overboard. She felt that the County ended up in a place that was reasonable and fair, and she said that she liked the idea of keeping a record so that the Board could evaluate it.
Commr. Smith commented that the LCWA Board was a diverse group of people and that he knew several of them who spent much time on this.
Commr. Campione asked if they would have to change the ordinance to add a requirement for keeping a record of hours, or if it could be a matter of policy.
Ms. Marsh recommended to include it in the ordinance, noting that it could be part of the Board’s motion.
Commr. Campione stated that she could support it with this additional language that a record of monthly duties be submitted.
Commr. Campione made a motion to approve this item with this additional language.
Commr. Parks seconded the motion.
Ms. Kristy Mullane, Chief Financial Officer, asked if it would be dependent on the number, or if the LCWA Board would still be paid the flat amount.
Commr. Parks relayed his understanding that the LCWA Board would keep track of the hours, and that the BCC would decide if it was budgeted in the following year for the same amount.
Ms. Marsh indicated her understanding that the current motion was to approve the language as it was written, with the addition of the LCWA Board providing a record of monthly meetings. She said that if the BCC wanted to change it to the LCWA Board receiving a certain amount per meeting, up to $1,000, then this would have to be included as part of their motion.
Commr. Campione thought that because they were going to revisit this when it was time for the budget, it would be $1,000 per month; however, the LCWA Board would be required to submit a record of meetings, activities and events that they participated in in their capacity of the LCWA.
Ms. Marsh asked if Commissioner Campione wanted this submitted monthly or at the time they submitted their budget, which she believed was July 1, 2023.
Commr. Campione thought that each month, they should submit their record of that month, noting that there would not be a calculation and that it would still be $1,000 per month.
Ms. Marsh summarized that it would be $1,000 per month, and that the LCWA Board would submit a record of their monthly duties at the end of each month; furthermore, the BCC could adjust it around budget time as part of the LCWA’s budget.
Ms. Mullane inquired if it would be clear that the payment would be made monthly and would not be dictating which meetings the LCWA Board should or should not attend, as they would remain independent contractors.
Ms. Marsh did not think that this needed to be included in the ordinance, noting that it said that the LCWA Board would receive the $1,000 per month as a stipend.
On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved Ordinance 2023-38 amending Section 24-8, Lake County Code, entitled Board Compensation, to establish compensation for the Lake County Water Authority, with the modification to include monthly reporting by each member of the LCWA Board indicating which events, meetings and activities they were engaged in on behalf of the LCWA.
Commr. Blake voted no.
office of fire rescue and ems budget workshop
Mr. David Kilbury, Public Safety Director, presented the following Office of Fire Rescue overview information: provided fire services and emergency medical services (EMS) for unincorporated Lake County and six municipalities that they contracted with; had a countywide EMS transport system provided by Lake County; had medical direction for Lake County and the municipal partner fire departments through the county; had special operations teams for technical rescue, hazardous materials, and urban search and rescue; and were a regional partner of Florida Task Force 4. He displayed the office’s organizational chart, noting that they had an EMS billing area, and that this was the first presentation of the combined organization of Lake EMS and fire rescue. He mentioned that they had 439 full-time employees (FTEs) with the majority being assigned to operations. He listed the office’s following accomplishments over the past year: placed an eighth ambulance into service in South Lake with dual-certified personnel; completed their community risk assessment, which was key for future federal grant applications; and had a community career partnership with Lake Technical College (Lake Tech) where the office would send certified emergency medical technicians (EMTs) to the paramedic level, as well as their dual-certified personnel, noting that single certification was their EMS permit or certificate holders of either EMT of paramedic, and that a dual certification was also a State certified firefighter. He added that the office acquired many authored and awarded federal grants including the following: the Staffing for Adequate Fire and Emergency Response (SAFER) Grant for 21 new positions worth about $4.8 million; State funding for the expansion of Fire Station 109 and the relocation and construction of Fire Station 71; an Assistance to Firefighters Grant for apparatus equipment at just over $150,000; and funding for three gear washing machines that removed carcinogens related to structural firefighting during the process of burning. He displayed an image of Fire Station 39 in the East Lake Community Park area, noting that it would become operational in this fiscal year. He then listed the following efficiencies for the office: he was brought into the organization to lead both the EMS and fire rescue sides; hired five additional firefighters to help with the offset of staffing challenges; and modified their single certification schedule from a 24 hour shift to two 12 hour shifts. He indicated that challenges included hiring qualified paramedics and EMTs, noting that they were offering sign on bonuses, along with a competitive wage and benefits. He added that there were global supply chain issues and spiraling costs, along with increased growth and increases in call volume for EMS, fire, and vehicle crashes. He displayed several benchmarks with surrounding Counties, and said that Lake County had 65,255 calls for service in 2022, with 64 percent resulting in someone being transported to the hospital. He relayed that Lake County had 424 shift personnel, and that 106 were single certified employees; additionally, there were 318 firefighter/EMT or paramedic certifications, noting that about 75 percent of their workforce was dual certified. He said that for the number of fire stations for personnel that responded to 911 calls, Lake County and Marion County partnered with municipalities to locate some of the ambulances strategically; additionally, Lake County had 10 municipal fire stations with ambulances, along with standalone facilities for ambulances only. He stated that Lake County had 27 fire stations, and he mentioned that Lake County charged $9.50 per mile for ambulance transport from the incident scene to the hospital. He showed the EMS field operations proposed fiscal year (FY) 2024 budget of $17,586,734, noting that personal services had a 1.5 percent increase, which equated to about $190,000; additionally, some of this was due to all single certification employees being increased to a minimum wage of $15 per hour due to the State of Florida Medicaid medical wage requirements for the County to participate, adding that there had also been a significant increase in the Florida Retirement System (FRS) contribution portion. He mentioned that they had offset some of this because of their shift schedule from a 24 hour model to two 12 hour shifts, and that their operating expenses had a 2.5 percent increase of about $67,000 due mainly to inflationary costs. He related that they continued to look for innovative ways to be fiscally responsible, such as participating in the State’s General Services Administration (GSA) contract where vendors were obligated for contractual services. He commented that for capital outlay, in FY 2023 they had a 39 percent increase; however, this was a budgeted carryforward in the amount of $374,000 from the previous fiscal year. He added that their EMS budget also continued with the capital replacement plan since 2018. He shared that they had some offsets in the grants and aids for their participation in the Medicaid program in the State, and that they saw funding back from the State reimbursement and a Federal contribution of about $1.8 million. He then displayed the proposed FY 2024 budget of $45,356,915 for fire rescue operations, relaying that there was a 10 percent increase for personal services due mainly to the increase of providing service, along with the expiration of their third year of the SAFER grant. He elaborated that SAFER had helped them with 21 positions, and that in the current year they would see about $900,000 for participation in this. He mentioned that there was a 23 percent increase in operating expenses, or about $1.2 million, which reflected inflationary expenses. He said that capital outlay was the legislative priorities from the State, which totaled about $3.5 million, and that their reserves showed that in FY 2023 they had encumbered funds that were carried forward for purchase orders; additionally, there was no reduction in their emergency reserves because of this carryforward.
presentation of the fiscal year 2024 proposed budget summary
Ms. Barker commented that this item was a budget summary which would include all of the department budgets that the Board had seen over about the past month, as well as the best estimate of property values that the County received from the Lake County Property Appraiser on June 1, 2023, and the Constitutional Officer budget requests for the new fiscal year. She also indicated that she and the BCC Chairman had met with the Lake County Sheriff to discuss his budget request.
Commr. Smith relayed that the Sheriff came in with a budget that was still less than the previous year’s budget, and that through deferring some projects, they were able to come up with another savings of $2.5 million.
Ms. Barker clarified that the Sheriff’s budget increase was less than in the previous year, and that there was a $2 million reduction; however, the County was evaluating the use of IST for some capital items as well.
Ms. Allison Teslia, Director for the Office of Management and Budget, provided an update on the FY 2024 proposed budget development. She recalled that the Board had a budget strategies workshop in February 2023, that they held various budget workshops throughout May 2023, and that they received the preliminary taxable values on June 1, 2023. She displayed the best estimate of property values as of June 1, 2023, noting that the ad valorem revenues were based on the best estimate of property values, which indicated about a 13.3 percent growth in property values; additionally, this reflected an overall increase of approximately $4.05 billion, with approximately $1.3 billion in new construction. She also indicated that the County would receive the final values in July 2023. She listed the following General Fund considerations: ad valorem revenues were based on the best estimate of property values received on June 1, 2023; staff was using a status quo millage rate of the previous year’s rate of 5.0327 mills; and this did not include the Lake County Tax Collector’s FY 2024 budget request, nor the costs associated with the LCWA transition, noting that staff was still working on the LCWA transition plan and would likely be highlighting those changes at the first public hearing in September 2023. She showed a comparison of the FY 2023 adopted budget and the FY 2024 budget outlook, relaying the following information: the ad valorem revenue was an increase due to increased taxable values; the other revenue reflected an increase because this number included the five percent statutory holding of revenue included in that line; the Lake County Sheriff’s revenue was for contracted services his office provided; the fund balance for FY 2024 did not include the purchase order (PO) carryforward amounts, and reflected the use of funds during FY 2023; some of these uses were the cost related to Hurricanes Ian and Nicole, the allocation of the Sears building improvements, and the purchase of the YMCA property with the City of Tavares; County departments and offices increased by about $3.7 million, which included proposed wage adjustments and approximately $1.7 million for road resurfacing; Mt. Plymouth-Sorrento Community Redevelopment Agency (CRA) payments were based on property value estimates, noting that this would be finalized in July 2023; judicial support reflected anticipated increases for information technology (IT) supplies and software, utility costs and repairs and maintenance; the Medical Examiner included contracted increases and a reallocation due to population estimates; the proposed budget fully funded all the requests and included an additional $1.9 million reserve for road resurfacing; the reserves decreased to about $31.6 million, which was approximately 16 percent of General Fund expenditures; and the main decrease was due to costs related to Hurricanes Ian and Nicole, the Sears building improvements, the purchase of the YMCA property, and the use of the road resurfacing reserve during the current fiscal year. She then displayed the department budget requests and pointed out that the FY 2024 numbers may be slightly different from those presented during the budget workshops because they included the FRS contributions, which had significant increases at the State level for what the County was required to contribute. She then relayed the following information: the majority of departments were seeing increases related to the proposed wage adjustments, increases in insurance premiums and anticipated increases for supplies, contracts, fuel costs and repairs and maintenance; the Office of Human Resources (HR) and Risk Management reflected increases for health claims and related costs; the IT Department saw an increase in software costs, and had scheduled computer replacements; the Office of Parks and Trails included the Lake Norris Conservation Area, and the decrease reflected phased capital projects completed in FY 2023; the Office of Library Services reflected an additional $5,000 per member library to increase the payment of appropriations, which totaled about $50,000 and included an estimated increase for State aid funding; the Office of Housing and Community Services reflected a decrease due to the completion of the emergency rental assistance (ERA) program in the current year, noting that it also reflected grant funding availability for FY 2024; the Office of Visit Lake reflected a projected revenue increase, and those increases would be going to reserves and would be available for special capital projects; the Office of Building Services included additional contracted and professional services needed for the implementation for their software replacement project; the Office of Code Enforcement added a compliance monitoring specialist for electronic gaming facilities; the Office of Fire Rescue and EMS increases reflected operating cost increases for fuel, supplies, and repairs and maintenance, which was offset by the completion of capital projects; the Office of Public Safety Support decrease reflected completed grant projects in FY 2023; the Office of Transit Services included the expansion of services and adding one new route, and reflected a decrease for grant funded capital completed in FY 2023; solid waste reflected anticipated increases to disposal contracts, fleet repairs and fuel costs; and the Engineering and Road Operations Divisions reflected an increase because this included the $1.7 million General Fund transfer for resurfacing. She showed a recap of the Constitutional Officer budget requests and said that it included the original request from the LCSO, noting that the total requests were about $140.5 million, which was a $16.5 million increase from the previous year. She also provided the following information: the Lake County Clerk of the Circuit Court and Comptroller’s budget request included increases for wage adjustments, insurance costs, and FRS rates; the Lake County Property Appraiser’s request includes the addition of staff for succession planning, along with increases for wage adjustments, insurance and FRS rates; the Lake County Supervisor of Elections’ request included anticipated costs related to holding three elections in the FY 2023 to 2024 time period; the Lake County Sheriff’s request included sworn step plan and cost of living adjustment (COLA) increases, increases for insurance, FRS rates, and additional personnel to accommodate growth, along with anticipated increases for the inmate medical contract, fuel, and other operating costs; and the Lake County Tax Collector’s budget was not due until August 1, 2023, noting that staff used an approximation based on the increase in property values. She then displayed a slide which reflected the $2 million reduction from the LCSO, noting that with this reduction, reserves would increase to about $33.6 million, or 18 percent of the operating budget. She displayed a breakdown of the most recent fire assessment which had been presented in May 2023, stating that staff was recommending to increase the fire assessment based on the recent study since no changes were made in FY 2023, and with no changes to fire MSTU rate. She showed the proposed solid waste assessment rates, which were increasing to cover the new contracted rates and consumer price index (CPI) increases; additionally, the rates were based on the service area and service level, and staff was currently reviewing the proposed rates and would come back with finalized numbers in July 2023. She recalled that voters approved a minimum wage increase in November 2020, and stated that the current minimum wage was $11 per hour and would increase to $12 per hour effective September 30, 2023, noting that it would continue to increase by $1 per year until it reached $15 per hour. She commented that the countywide minimum wage increased to $12 per hour in FY 2022, and $13 per hour in FY 2023, noting that in the current year staff was proposing to adjust the minimum wage to $14 per hour for all BCC employees; furthermore, the proposed wage adjustment would have an overall effect of about $2.9 million, which would be an impact of about $698,000 to the General Fund. She concluded by listing the following next steps in the budget process for 2023: in July the County would receive the certified taxable values, and they would present the recommended budget, set the maximum truth in millage (TRIM) rates, and adopt the assessment resolutions; on August 1 the Tax Collector’s budget would be provided; in August staff would present the IST plan and have public hearings; and in September they would hold their budget public hearings.
Commr. Parks asked if there would be $1.7 million or $1.9 million for road resurfacing.
Ms. Teslia replied that they were transferring $1.7 million to roads starting October 1, 2023, and that they would also have $1.7 million in a reserve in the General Fund.
Commr. Parks inquired what percent of the budget this was, recalling that he had discussed doing four percent for roads.
Ms. Barker indicated that four percent of the General Fund budget for road resurfacing would be over $8 million.
Commr. Parks thought that Mr. Schneider had discussed around $5 million.
Ms. Barker clarified that between the General Fund and the currently proposed IST project plan, the Board would have $5 million, which was what Mr. Schneider had requested per year.
Commr. Parks expressed concerns for this, opining that the roads were liabilities and that the more they were delayed, the more the County compounded this issue with liability.
Commr. Smith relayed his understanding that Mr. Schneider had indicated that he could not spend more than $5 million.
Ms. Barker relayed that Mr. Schneider said that $5 million was what he could spend in a year and attempt to keep up with roads.
Commr. Parks opined that even if they could not spend it all in one year, they still needed to obtain contracts and allocate the funding. He thought that the funding needed to be set aside to continue to do road resurfacing projects, relaying his understanding that $8 million was the number that staff needed per year.
Ms. Barker clarified that $8 million was just four percent of the budget, and that it was not a number given to her by Mr. Schneider.
Commr. Parks opined that where the County was at with roads was not adequate. He then asked if there was any increase in staff, such as for the Office of Planning and Zoning.
Ms. Teslia replied that they had the Office of Code Enforcement position, and that the only new position she had was going to be in July 2023 for the municipal services benefit unit (MSBU) coordinator.
Ms. Barker indicated that staff requests for new positions would be in July 2023.
Commr. Parks inquired how many positions were open for the Office of Planning and Zoning, and Ms. Barker responded that four positions were currently vacant that the County was actively recruiting for. Commissioner Parks then relayed a concern for doing what they needed to do to fill these positions. He wondered if the County would accommodate growth and ensure that they were adequately positioned, whether it was staff or contracts for outsourcing to assist staff.
Ms. Barker indicated that the County outsourced for the Offices of Building Services and Planning and Zoning, noting that they had consultants who could be sent plan reviews or inspections.
Commr. Smith asked why the Office of Visit Lake budget was almost double.
Ms. Teslia stated that it was based on revenue projections and that they were seeing an increase in revenue; furthermore, it was going to a reserve to be used for projects that they decided on.
Commr. Blake asked about the amount that the County was expecting from new construction.
Ms. Barker thought that new construction consisted of the 34 percent of the total value, and said that she could provide this information.
Ms. Teslia mentioned that it was $1.3 billion in value.
Commr. Campione inquired about the total request from the Constitutional Officers.
Ms. Barker replied that the original requests were over $15 million, and then there was the reduction of the LCSO; therefore, it was slightly over $13 million.
presentation of the 2023 hurricane season outlook
Ms. Megan Milanese, Director for the Office of Emergency Management, provided a 2023 hurricane season update. She said that when these storms initially formed and were an organized weather system with winds of 38 miles per hour (MPH) or less, they were referred to as a tropical depression. She added that they became a tropical storm when they were an organized weather system with winds from 39 to 73 MPH, and that they became a hurricane when the sustained winds reached 74 MPH and high; additionally, they became a major hurricane when they reached a category three strength or stronger, which normally meant sustained winds of 111 MPH or higher. She displayed the category system and relayed the following information: a category one hurricane had sustained winds between 74 and 95 MPH; a category two hurricane had sustained winds between 96 and 110 MPH; a category three hurricane had sustained winds between 111 and 129 MPH; a category four hurricane had sustained winds between 130 and 156 MPH; and a category five hurricane had sustained winds of 157 MPH or higher. She mentioned that Lake County’s Emergency Operations Center (EOC) responded to Hurricane Matthew in 2016 and Hurricane Irma in 2017, along with Hurricanes Dorian, Elsa, Ian and Nicole, as they caused direct impacts to the county. She displayed a list of the previous year’s hurricane names, noting that there had been two hurricanes that impacted Lake County. She commented that for the previous year’s forecast versus outcome, they had a forecast of 14 to 21 named storms, and they ended up having 14 named storms. She added that they had a forecast of six to 10 hurricanes, and that they ended up having eight, and that there was a forecast for three to six major hurricanes; however, they only ended up having two that formed. She listed the following impacts to Lake County from Hurricane Ian: Hurricane Ian made landfall on southwest Florida on September 28, 2022 and came through Lake County; the highest rainfall amount they recorded was 9.49 inches in Mt. Plymouth; their highest observed wind gust was 56 MPH at the Leesburg International Airport at 5:41 a.m. on September 29, 2022; they had about 37,586 power outages at the peak of the storm; 100 percent power restoration from all providers was achieved by October 6, 2022; and their property damage assessment total was nearly $5 million. She then listed the following services provided for Hurricane Ian: 15 shelters were opened; their total shelter census included 952 residents and 116 pets; 1,853 calls were handled by EOC staff; 2,164 calls were handled by the Citizens Information Line (CIL), which did not include their special needs callouts; and 79,143 sandbags were distributed to residents. She commented that due to heavy rainfall from Hurricane Ian, the St. Johns River in Astor reached record flood stage, which was 4.71 feet on October 1, 2022; furthermore, the Astor Watch Incident Command Post was set up, which was a partnership with Lake County Fire Rescue and the LCSO, and maintained 24 hour operations to support community safety and needs post-storm until October 13, 2022. She then provided the following information about Hurricane Nicole: Hurricane Nicole made landfall on November 10, 2022; the highest rainfall amount recorded was 5.47 inches in the City of Clermont near Oakland; the highest observed wind gust was 32 MPH at the Leesburg International Airport on November 10, 2022; the St. Johns River in Astor crested at 4.52 feet on November 10, 2022; and their property damage assessment total was $1,350,371. She relayed the following information for services provided for Hurricane Nicole: two shelters were opened with a total shelter census of 91 evacuees; 153 calls were handled by the CIL, not including special needs callouts; and 2,843 sandbags were distributed to residents. She then listed the following services that had been provided to affected residents for Hurricanes Ian and Nicole: 46,129 cubic yards of debris were removed from the county; Lake Support and Emergency Recovery (LASER) provided totes of food, cases of water and flood buckets; FEMA had a disaster recovery center in Astor so that residents could apply for individual assistance and receive funding to recover from the situation, with a total of 10,616 assistance applications received for Hurricane Ian and 456 applications for Hurricane Nicole; the total individual assistance distributed for Hurricane Ian was about $4.7 million; and the total individual assistance distributed for Hurricane Nicole was almost $200,000. She displayed the hurricane names that they could possibly see for the 2023 hurricane season, noting that Hurricane Arlene had already formed. She mentioned that they received forecast information from both Colorado State University and the National Hurricane Center (NHC), and that they were forecasting a near-normal season. She elaborated that Colorado State University was forecasting 15 named storms, with seven being hurricanes and three being major hurricanes; additionally, the NHC gave a range of 12 to 17 named storms, including five to nine hurricanes and one to four major hurricanes. She then discussed how to prepare for hurricane season and said that the County prepared year-round, as well as worked with their partners and did training to ensure that everyone was aware of the County’s procedures and how they performed protective actions. She relayed that the County communicated and coordinated with all stakeholders, which included members of the public, and that they encouraged residents to make a plan and communicate it with others. She recommended to plan for pets, to determine where one planned to shelter during a hurricane, to create a disaster supply kit, to stay informed, and to get involved with volunteer operations with the emergency operations team. She displayed a list of the 15 primary shelters in the county, five of which were special needs shelters; furthermore, nine of the shelters were pet-friendly. She relayed the following information about sheltering in place; it is wise to know where the safe room is in one’s home; the home environment may be loud and frightening; stay away from exterior doors, windows and skylights; open the refrigerator only when necessary; and stay informed to local news and weather, noting that this could be accomplished by using a National Oceanic and Atmospheric Administration (NOAA) weather radio with a battery backup. She added that individuals could sign up on AlertLake.com to receive updates on their phones, and that the CIL phone number was 352-253-9999; additionally, local media outlets would also have information. She stated that after the hurricane, the County was telling individuals to do the following: be careful; stay informed to the latest information; stay away from loose or dangling power lines; ensure that one is following food safety practices; be safe when cleaning up debris, and use proper safety equipment and clothing; take photos of damage to one’s house for insurance purposes; drive only when necessary, treating traffic stops as a four way stop; and contact family, friends and neighbors as soon as possible.
budget comment
Ms. Barker said that for the budget information that had been requested by Commissioner Blake earlier in the meeting, the new construction value was around $1.4 billion; additionally, this was about 34 percent of the increased value, which equated to approximately $6.9 million in total revenue.
appointments to the children’s services council
On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to appoint the following members to the Children's Services Council to serve a two-year term ending May 14, 2025, along with applicable waivers: Ms. Evelisse Bookhout for District 1; Captain Christie Mysinger (reappointment and waiver) for District 3; Ms. Trella Mott (reappointment) for District 4; and Ms. Monica Hite (reappointment and waiver) for the Lake County School Board Representative.
reports
commissioners reports
commissioner shields – vice chairman and district 1
TOURIST DEVELOPMENT TAX COLLECTIONS
Commr. Shields mentioned that Mr. Ryan Ritchie, Director for the Office of Visit Lake, had informed him that the March 2023 Tourist Development Tax (TDT) collections of $659,000 were the highest that the County had ever received in a month.
FOUR CORNERS COMMISSIONERS MEETING
Commr. Shields relayed that he, Ms. Barker and Mr. Schneider attended a quarterly meeting with the other Four Corners County Commissioners. He added that they were working on an interlocal agreement so that the items they were trying to accomplish could proceed.
LAKE-SUMTER STATE COLLEGE RIBBON CUTTING
Commr. Shields said that later in the current day, Lake-Sumter State College (LSSC) was having a ribbon cutting in Four Corners and were getting started there while they were waiting for the library to be completed; additionally, he would be in attendance.
commissioner parks – district 2
WATER RESOURCES FOR DEVELOPMENTS
Commr. Parks stated that all irrigation sources in
Wellness Way could not utilize potable water sources, and he shared an article
regarding the City of Zephyrhills where they had to halt a development because
there was not enough water. He indicated
that he did not want the County to get into a situation where they had a large
growth opportunity for jobs without having enough water for it.
commissioner campione – district 4
CITY OF EUSTIS ISBA PROCESS
Commr. Campione relayed that there had been an email from Ms. Pat Duncan with regards to the City of Eustis ISBA process. She said that she had reached out to Ms. Duncan about this, and she indicated her understanding that they would be meeting together and receiving public input; furthermore, no decisions had been made. She mentioned that they had not yet reached the point for public input, and that they were hoping to meet soon with the Mayor of Eustis and the Eustis City Manager.
SEPTIC TANKS
Commr. Campione commented that the County was working toward an ordinance which would be an implementation of a countywide MSBU for people who wanted to have a DWTS as opposed to a septic tank. She relayed that there were currently six failing septic tank owners who wanted to move to a DWTS, and that Onsyte and RCM Utilities were ready to serve. She asked for consensus to have staff work with them ahead the ordinance being adopted, noting that there would be an agreement between the County and these property owners stating their obligations and that the County would be installing the system. She added that it would be something that could be recorded in the public records showing that they would be customers going forward and that they would be paying their fee which would cover the amount of cost up to the point that it went on the tax roll for their property. She opined that in light of the emergency situation, these individuals were either going to install another septic tank, or they would utilize this new approach which she opined was friendlier to the environment and the aquifer. She hoped that the Board would authorize this to move forward immediately.
Commr. Smith asked who would be doing the billing, and Commissioner Campione replied that RCM Utilities was who Onsyte was working with. Commissioner Smith then inquired if the County would be in the utility business.
Commr. Campione relayed her understanding that the County was going to outsource this to an entity.
Ms. Barker said that for these emergency residences that Commissioner Campione had mentioned, they were looking to pay upfront and then be added to the tax roll as an MSBU in the following year.
Commr. Campione stated that the plan was for it to go on a tax bill; therefore, there would not be an ongoing billing situation; however, the County could possibly switch to monthly billing if they had a city and customers who were willing to do this. She opined that they could not turn off someone’s sewer, and that water had a different mechanism to use, and she said that currently, it appeared that placing it on the tax bill was the best way.
Commr. Smith indicated that he would like to have more information on the plan before he made a decision, noting that he could possibly meet with Ms. Barker.
Commr. Campione recalled that the Board already adopted an MSBU ordinance which would allow for a DWTS; however, the Board had not yet adopted an ordinance which implemented putting this on the tax roll.
Commr. Smith reiterated that he wanted to understand this more.
Commr. Campione expressed concerns for possibly losing this opportunity.
Commr. Parks asked how urgent this was, and he expressed support for this.
Commr. Campione replied that they wanted the individuals to sign the paperwork to give them the easement and access to the property and begin the process of installing the new system; furthermore, they were hoping that this could be addressed by the end of the current week.
Commr. Shields indicated support for this.
Commr. Parks added that Commissioner Smith could receive more information before the ordinance came before the Board.
Commr. Campione mentioned that Commr. Smith could meet with Mr. Chris Creech, with RCM Utilities, and she opined that the logistics were impressive.
Commr. Smith commented that Commissioner Campione had consensus to do this.
COMMISSIONER BLAKE – DISTRICT 5
flags at half-staff
Commr. Blake indicated concerns for flags in the City of Tavares being at half-staff, and he questioned why they were having this demoralizing effect of constantly having their flags at half-staff. He relayed that it was for a mass shooting which occurred seven years prior, and he opined that if it was going to have any significance, it had to be reserved for current national tragedies. He expressed that he was prepared to ignore the flag policy at the County level and come up with their own policy which indicated that they were not going to fly their flags at half-staff in a state of mourning except for these major events. He added that he would be amicable with writing a letter to the City of Tavares asking them to do the same.
Commr. Campione relayed her understanding that Commissioner Blake was saying that these things they were recognizing and were sad about were major events; however, there needed to be a different protocol for when United States flag was lowered to half-staff.
Commr. Blake confirmed this, and he opined that if they went half-staff for every mass shooting and for seven years out, then there would be no day that they did not proudly fly the flag at full height.
Commr. Smith thought that they had to have Ms. Marsh review the legalities of this, opining that they would possibly be going against the Florida Governor’s orders.
Commr. Campione stated that they could possibly start with a letter to make note of this.
Commr. Parks thought that this was a good place to start and that they could see what response they received.
Commr. Blake opined that when something of national import occurred which was current, then it lacked the formality that one might expect and hope for in that circumstance. He relayed his understanding that it was in the Florida Statutes and that Lake County followed the code, but he did not think that there was any penalty for not following the memos from the Governor’s Office regarding the flag.
Ms. Marsh did not believe that there was penalty in State law, and she said that she would review this and provide a copy to the Board.
commissioner smith – chairman and district 3
COMMUNITY MEETINGS
Commr. Smith related that he had meetings with the Hawthorne at Leesburg and Plantation at Leesburg communities.
MEETING WITH EARLY LEARNING COALITION OF LAKE COUNTY
Commr. Smith said that he also had a meeting with the Early Learning Coalition of Lake County.
COUNTY ATTORNEY’S OFFICE SERVICES FOR LCWA
Commr. Smith mentioned the possibility of having the County Attorney’s Office perform attorney services for the LCWA instead of having outside council, opining that this could be brought back to the BCC.
COMMISSIONER PARKS’ BIRTHDAY
Commr. Smith mentioned that it was Commissioner Parks’ birthday, and he wished him Happy Birthday.
NATIONAL SEWING MACHINE AND CLEAN YOUR GARDEN DAY
Commr. Smith said that it was National Sewing Machine Day and National Clean Your Garden Day.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:58 p.m.
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kirby smith, chairman
ATTEST:
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GARY J COONEY, CLERK