A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

july 11, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, July 11, 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; and Leslie Campione. Commissioner not present: Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and 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 James Mory, with Union Congregational Church in the City of Tavares, 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 through the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.

Agenda update

Ms. Jennifer Barker, County Manager, said that for Tab 3, a proclamation was added to the agenda item, and that on Tab 28, the Fiscal Year (FY) 2024 recommended budget was added to the agenda item. She stated that for Tab 33, which was part of the planning and zoning public hearings, an errata memo was added after the agenda was first published; additionally, on Tab 37, Ms. Addie Owens had withdrawn her application from Value Adjustment Board (VAB) appointment consideration, leaving the Board with just one choice.

Commr. Shields requested to move Tab 34 forward, noting that residents and a representative from the St. Johns River Water Management District (SJRWMD) were in attendance.

Commr. Smith commented that Tab 34 could be addressed after the consent agenda.

employee awards

Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:

FIVE YEARS

Wayne Harrell, Biological Associate I

Public Works Department

Jim Kovacs, Director of Human Resources & Risk Mgmt.

Office of Human Resources & Risk Management

Paul Rade, Fleet Management Supervisor

Office of Fleet Management

Robin Roberts, Financial Associate

Office of Building Services

TEN YEARS

Karen Carter, Benefits Coordinator

Office of Human Resources & Risk Management

FIFTEEN YEARS

Ryan Fickett, Fire Lieutenant/EMT

Office of Fire Rescue

TWENTY YEARS

Joseph Jackerson, Firefighter/EMT

Office of Fire Rescue

THIRTY YEARS

Jodi Hanson, Commissioners Aide

BCC Administrative Support

RETIREMENT – FIVE YEARS

Larry Gobel, Traffic Operations Supervisor

Public Works Department

RETIREMENT – 11 YEARS

Kevin Hamilton, Senior GIS Analyst

Office of Planning & Zoning

RETIREMENT – 14 YEARS

Mary Hamilton, Operations Director

Public Works Department

RETIREMENT – 16 YEARS

Vicki Gesinski, Senior CAD Technician

Public Works Department

RETIREMENT – 21 YEARS

Donovan Miller, Fire Lieutenant/EMT

Office of Fire Rescue

QUARTERLY AWARDS

EMPLOYEE OF THE QUARTER

Janie Barrón, Chief Planner

Office of Planning & Zoning

Ms. Nelson said that the County would like to recognize Ms. Barrón for the exceptional work she performed this quarter, noting that she was a leader who not only supported the entire Office of Planning and Zoning staff, but would also assist residents, project managers, consultants, and interdepartmental staff across the County. She added that Ms. Barrón also served as a mentor to planners across the country through her involvement in the American Planning Association, the Orlando Metro Section Women in Planning Group, and more. She concluded that Ms. Barrón went above and beyond every day for others.

SUPERVISOR OF THE QUARTER

Michael Springer, Support Services Specialist

Office of Library Services

Ms. Nelson commented that Mr. Springer was being recognized because he was a great asset to their team, and because he had assisted his department and filled in during an extended staff absence. She added that he had provided additional support to his department, often going above and beyond to anticipate needs and create process improvements. She explained that he maintained the library’s inventory and record databases, and that he was continually improving and updating the department’s systems. She relayed that during the quarter, he had assisted by fulfilling countless errands and providing additional day to day operational support, and that his efforts had been greatly appreciated by the department.

T.E.A.M. OF THE QUARTER

FLEET MANAGEMENT

Joe Blackwell

Paul Rade

Allyson Griffin

Roberto Rodriguez

Devon Lynch

Tim Chastain

Randy Bush

Larry Higgins

Richard Sullivan

Ms. Nelson said that for the second year in the row, the Office of Fleet Management had been recognized by the National Association of Fleet Administrators as one of the top 100 best fleets in north, south, and Central America. She added that the office had also been named one of the top 50 notable fleets in government by the Florida Association of Government Fleet Administrators, as well as in Government Fleet Magazine. She said that the County would like to recognize them for working together as a team to earn these high distinctions, and for continuing to strive for excellence.

Minutes approval

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved the minutes for the BCC meetings of May 8, 2023 (Special Meeting) and May 9, 2023 (Regular Meeting) as presented.

citizen question and comment period

Mr. Steve Smith, a resident of the City of Clermont, thanked the Chairman, the Board of County Commissioners (BCC), and staff for the work that Ms. Jennifer Barker, County Manager, had put together to keep moving forward on initiatives for housing the homeless. He invited everyone to an annual Housing for All of Lake County forum where an attorney from the State of Florida would explain how to implement the Live Local Act.

Mr. Banks Helfrich, a former Lake County Soil and Water Conservation District Chairperson and current candidate for State House of Representatives District 25, made comments regarding civility and community. He also said that he was a sustainable farmer and that once a month he opened his farm to the public for a complementary tour. He relayed that he taught the principles of sustainability through sustainable air, water, food, shelter, community and government. He indicated that the next event would be on July 15, 2023 at 9:00 a.m. at Sams Lake Road in the City of Clermont, and that the Board was invited. He relayed that the tour was also a takeaway of trimmings of trees that one could grow themselves, as well as a taste where they could eat what was in season.

Mr. Samuel Mehalick, a resident of Astor, thanked the County for the hard work they did to make the county beautiful and a safe place for residents to live. He opined that public sidewalks and storm drains were needed for Astor and that both should be accomplished at the same time to save funding. He opined that the Federal Government had multiple grants available to the County to assist Astor because of their 2022 national disaster location tag, as well as the community development block grant (CDBG). He expressed concerns for work not having started, and he opined that Astor did not have safe roads. He also indicated concerns for the legal right of way concerning Bass Road and Astor Florida Campsites, and he said that he would like this matter to be placed on the agenda. He commented that Commissioner Campione had told him that the State and Federal Government did not want people inhabiting Astor, and therefore funding was an issue; however, he opined that the Federal Government was offering grants and training to the County. He expressed concerns that property owners abutting Bass Road, Indigo Road, Ash Lane, and Hare Lane were responsible for maintaining a public road, and he opined that maintenance was not the responsibility of owners until the rights were conveyed. He questioned who was responsible, and he requested that this be placed on the agenda.

Commr. Campione inquired if he was asking for the road to be vacated.

Mr. Mehalick confirmed this and relayed his understanding that Commissioner Campione had indicated to him that the County was willing to take care of the fee of the vacation process.

Commr. Campione explained that he had to fill out a vacation application, and that everyone had to do this. She added that after she received all the information, she realized that not everyone on the road felt the same way.

Commr. Smith stated that the County had done much work in Astor on many roads, and he asked if this list could be sent to Mr. Mehalick.

Mr. Mehalick commented that he had received the list, and he opined that it was all complaint driven. He expressed concerns about storm drains and water, and he opined that a federal grant was available to the County specifically for Astor.

Commr. Smith indicated that the Board would agendize this item.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 3, 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.

Arlington Ridge CDD Fiscal Year 2024 Proposed Budget

Notice is hereby provided of having received the Arlington Ridge Community Development District proposed budget for Fiscal Year 2024 in accordance with Section 190.008 (2)(b), Florida Statutes, for purposes of disclosure and information only.

Country Greens CDD Fiscal Year 2024 Proposed Budget

Notice is hereby provided of having received the Country Greens Community Development District’s proposed budget for fiscal year 2024 in accordance with Section 190.008 (2)(b), Florida Statutes, for purposes of disclosure and information only.

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. Shields, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 23, as follows:

PROCLAMATIONS

Recommend approval of Proclamation 2023-76 dedicating a hallway in the Lake County Courthouse to Judge Richard Singeltary in honor of his retirement.

COUNTY ATTORNEY

Recommendation for approval to advertise an Ordinance establishing Term Limits and Ethics Training Requirements for Advisory Boards and Committee Members. There is no fiscal impact.

Recommend approval of Settlement Agreements resolving an inverse condemnation case, Sherry D. Johnson, et al v. Lake County, Circuit Court Case No. 2020-CA-696. Fiscal Impact $288,110 (expenditure). Commission District 5.

COUNTY MANAGER

Recommend approval to change the August 22, 2023 Board of County Commissioners meeting to August 29, 2023 due to the Legislative Delegation meeting.

Recommend approval:

1. Of an interlocal agreement with the City of Tavares for improvements to the Golden Triangle Young Men's Christian Association.

2. Of a budget transfer in the amount of $300,000 to reallocate the funding from Improvements Other than Buildings to Aids to Government Agencies for the Golden Triangle Regional Park.

The fiscal impact is not to exceed $300,000 (expenditure - infrastructure sales surtax funds).

ADMINISTRATIVE SERVICES

Management and Budget

Recommend approval of Sub-Recipient Agreement between New Beginnings of Central Florida, Inc., and Lake County for Disbursement of American Rescue Plan Act (ARPA) Funds.

The fiscal impact is $1,400,000 (revenue/expense - 100 percent grant funded). Commission District 2.

Recommend approval to authorize the Chairman to execute the Florida Division of Emergency Management (FDEM) Public Assistance (PA) Subgrant Agreement for Hurricane Nicole (DR4680) and any additional associated documentation or amendments to the agreement as required. The fiscal impact is unable to be determined at this time.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Recommend approval:

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

2. To execute the EMPA Trust Fund Base Grant Agreement for Fiscal Year (FY) 2023-2024 in the amount of $105,806; and

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

4. To authorize the Director of the Office of Emergency Management to execute Exhibit 1 - Single Audits, Audit Compliance Certification (page 22); and

5. To authorize the Director of the Office of Emergency Management to execute Exhibit 2 - 27-19 Florida Administrative Code, EM Director or Part-Time Coordinator Certification (page 23).

The fiscal impact is $105,806 (revenue/expenditure - 100 percent grant funded) and will be included in the Fiscal Year 2024 Budget Recommendation.

Fire Rescue

Recommend adoption of Unanticipated Revenue Resolution (URR) 2023-77 in the amount of $36,210 to recognize and appropriate Florida Department of Health, Emergency Medical Services Matching Grant funds for the improvement and expansion of pre-hospital emergency medical services.

The fiscal impact is $48,280 - $36,210 (revenue/expenditure - grant funded) and $12,070 (expenditure) and is included in the Fiscal Year 2023 Budget.

Planning and Zoning

Recommend approval to advertise an Ordinance amending Fertilizer Use Exemptions. This is a Legislative change required per House Bill 967 signed June 30, 2022. There is no fiscal impact.

Recommend approval to advertise an Ordinance amending Lake County Code, Appendix E, Section 3.02.05, Land Development Regulations, entitled Setbacks. There is no fiscal impact.

Public Safety Support

Recommend approval:

1. To authorize the Chairman or County Manager to execute the Spring 2023 E9-1-1 State Grant Program awards for Next-Generation 9-1-1 Core Services - Years 2-5 and Region 5 GIS Repository; and

2. To authorize the Chairman or County Manager to execute the Florida 9-1-1 Region 5 Next Generation 9-1-1 Routing Project Memorandum of Understanding (MOU) as required by the State E9-1-1 Board to participate in the 5 year grant process; and

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

4. To authorize the County Manager, or designee, to execute the selected vendor contract and all supporting documentation and related expenditures; and

5. To adopt Unanticipated Revenue Resolutions 2023-78 ($1,332,364.32) and 2023-79 ($315,649.02) for the revenues and expenditures.

The fiscal impact will not exceed $1,648,013.34 (revenue/expense – 100 percent grant funded).

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval:

1. Of a Change Order to Contract 22-941 with Qualis General Contractors, LLC, to replace the HVAC System as part of the asbestos abatement project at the Department of Health Administration Building in Eustis; and

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

The estimated fiscal impact is $359,955 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 3.

Recommend approval:

1. To delegate authority to the County Manager to execute a Task Order for Contract 21-0933A (effective retroactively) with ForeFront Architecture & Engineering, LLC (Clermont, FL); and

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

The fiscal impact is $78,864 and is available within the Fiscal Year Budget. Commission District 3.

Housing and Community Services

Recommend approval of the Urban County Cooperation Agreements relating to the Community Development Block Grant (CDBG) program between Lake County and the Cities of Clermont, Eustis, Fruitland Park, Leesburg, Minneola, and Tavares and the Town of Montverde for fiscal years 2024, 2025 and 2026. There is no fiscal impact.

Recommend approval of the Housing Choice Voucher Program update to the 5-Year Public Housing Agency Plan, authorization for the Director of Housing and Community Services to execute as Executive Director of the Program, and the Chairman to execute all related and additional documents required by the Department of Housing and Urban Development. There is no fiscal impact.

Public Works

Recommend adoption of Unanticipated Revenue Resolution (URR) 2023-80 adding $3,500 in donations for the Keep Lake Beautiful Program to the Stormwater MSTU Fund.

The fiscal impact is $3,500 (revenue/expenditure).

Transit Services

Recommend adoption of Unanticipated Revenue Resolution (URR) 2023-81 in the amount of $87,514 to recognize and appropriate additional grant funding for the Florida Department of Transportation’s Public Transit Block Grant for Fiscal Year 2023.

The fiscal impact is $175,028 - $87,514 (revenue/expenditure-grant funded) and $87,514 (expenditure) and is included in the Fiscal Year 2023 Budget.

Recommend adoption of Unanticipated Revenue Resolution (URR) 2023-82 in the amount of $143,868 to recognize and appropriate the Florida Department of Transportation Section 5310 Operating Grant for Fiscal Year 2023.

The fiscal impact is $287,736 - $143,868 (revenue/expenditure-grant funded) and $143,868 (expenditure) and is included in the Fiscal Year 2023 Budget.

Recommend approval of the Coordination Agreements with eight transportation disadvantaged providers (Beacon College, Building Block Ministries, Central Florida Group Homes, Crystal Lake Supportive Environments d/b/a Attain, Cheryl L. Williams d/b/a Life Care Services, Love Thy Neighbor, Sunrise Arc, and United Way of Lake and Sumter Counties) for the provision of transportation services for the Agency for Persons with Disabilities clients and private-pay clients. There is no fiscal impact.

Recommend approval of the Agreement with Mid Florida Community Services, Inc., (Brooksville, FL) for the provision of transportation services for nutritional purposes.

The estimated fiscal impact is $124,404 - $83,284 (expenditure) and $41,120 (revenue/expense) reimbursed by Mid Florida Community Services, Inc. The estimated fiscal impact is within, and will not exceed, the Fiscal Years 2023 and 2024 Budgets.

DISCUSSION REGARDING BUNKER GUN RANGE

Ms. Melanie Marsh, County Attorney, explained that this item regarded the Bunker Gun Range, which was in the Green Swamp area in South Lake. She said that the gun range was cited by the Lake County Office of Code Enforcement in spring 2022, and that they had applied for a conditional use permit (CUP), noting that it was anticipated to come to the Board in September 2023 for consideration. She relayed that in the meantime, the residents had continued to voice concerns about the operations of the facility for noise, etc. She said that Commissioner Shields had placed this item on the agenda to give them an opportunity to address the Board with those items, and she clarified that they were not discussing the CUP application; additionally, the County policy was typically to abate code enforcement action while an application was pending, which was what the County had done. She believed that the residents were concerned about the abatement of the action, and that the property owner was not moving the application forward as quickly as they should be. She said that this was an opportunity for the residents to address this issue with the Board regarding whether the Board would like staff to continue with the code enforcement process while the application was pending, or continue to follow the same procedure that the County had done.

Commr. Shields added that they also involved the SJRWMD because material had been moved in the Green Swamp without a permit.

The Chairman opened the floor for public comment.

Mr. Carlin Duane Small, a resident on Dwights Road, expressed concerns for stray bullets and for safety. He opined that the residents lived in a high use recreational residential area with wildlife and many pets, and he also indicated concerns for individuals who visited the subject property speeding on the road. He relayed that according to an employee of the range, there was no lead liner installed prior to opening and operation, and he expressed concerns that lead could be a contaminant in the water table. He also asked who would be responsible for the remediation of the lead.

Mr. Jim Flynn, a resident on Green Swamp Road, said that his property was downrange from the gun range. He relayed that he commonly experienced errant bullets flying into his property, and he opined that he could not utilize the back side of his property because of this. He showed a map of the area and pointed out the gun range and his property, as well as neighbors downrange from the gun range. He did not believe that the gun range would meet the CUP criteria, opining that it was close to residences with the nearest resident at 120 yards. He relayed his understanding that the gun range had not pulled any permits, and he played audio of gunshots, commenting that this was what they heard almost every day. He questioned how they could have a relaxing rural setting with this occurring, and he said that he would like something to be done about it.

Ms. Angelica Aponte, a resident on Green Swamp Road, expressed concerns for the sounds of gunshots and for gunshots affecting their animals. She also indicated that delivery drivers would not leave their vehicles at her home, and that there had been ricochets on her property. She said that they heard gunshots seven days per week, and that it affected her job at home. She indicated concerns for being able to sell her home and for home values depreciating, and she relayed that the gun range had built a tower that they advertised; furthermore, she noted that her family lived a few hundred yards downrange. She mentioned that the gun range also advertised events publicly, and that a recent event had been over 13 hours long.

Commr. Shields asked if the gun range pulled a permit for an event, and Ms. Marsh said that they did not.

Mr. Kevin Paffrath, a neighbor of the subject property, said that his family had owned and operated 300 acres of citrus groves in the area, and he opined that rural equestrian estates would likely be a good exit strategy for his family. He stated that several years prior, he started noticing bulldozers pushing out the wetlands, relaying that they were replaced with tires. He relayed his understanding that it was an individual who owned a gun shop on Highway 50, and that the subject property owner was not shooting on his property; rather, hundreds of people were invited to visit the property and were driving through the area with weapons and ammunition. He opined that it was not a private gun club, and he said that the Office of Code Enforcement had continually told him that they would see what the SJRWMD was going to do about the destruction of wetlands and the environmental issues. He related that he had seen the operation become larger over the past 15 or 16 months since he had called the Office of Code Enforcement, and that the office had not done anything. He questioned what the zoning was for, and if the landowners’ property rights were more important than someone who owned a gun shop on Highway 50. He also questioned if any business could lease property in violation of land use and zoning in a rural residential area. He said that this affected his dream of equestrian estates in the area, and he opined that the subject property was not large enough to mitigate noise or the danger of flying bullets. He asked if the landowner’s name was on the CUP, and he stated that he expected that code would be enforced.

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

Ms. Susan Davis, with the SJRWMD, commented that the SJRWMD was working with the owner and the consultants, and that a restoration plan had been submitted. She said that part of the wetland impacts would be addressed through a consensual agreement, and that some permanent impacts would be addressed by an after the fact permit.

Commr. Smith asked who would be responsible for the mitigation, and Ms. Davis replied that it would be the property owner.

Commr. Parks asked about the acreage for the notice of violation.

Ms. Davis responded that there were approximately 18 acres of wetland impacts, with 16.9 acres to be restored by the consensual agreement and 1.8 acres of permit impacts to be mitigated by the after the fact permit.

Commr. Parks asked about the size of notices of violations that came up in the district and if it was usually this large.

Ms. Davis related that it was on the larger side; however, through rules, they were able to elect to restore it.

Commr. Parks inquired how long the violation occurred over a period of time.

Ms. Davis relayed that the SJRWMD received the initial complaint on April 8, 2022, and that there had been at least two site inspections done by the SJRWMD staff with the owners and the consultants. She relayed her understanding that throughout that process the family, the consultants and the owners had been working with the SJRWMD staff to resolve the issue.

Commr. Parks asked if they were going to do the mitigation all on site and if Lake Louisa mitigation was by there.

Ms. Davis said that she did not have this information because it was still being worked on.

Commr. Smith inquired if the operator of the gun range had moved forward with the CUP.

Ms. Marsh relayed her understanding that the application had been filed in February 2023, and that the first staff comment letter went out May 23, 2023, noting that the County typically gave 30 days to respond. She believed that the owner contacted the County on June 30, 2023 to make some inquiries; however, staff had not received an actual response back to the letter.

Ms. Janie Barrón, Chief Planner for the Office of Planning & Zoning, said that she had met with the son of the owner who was also part of the corporation, noting that he had requested copies of the application and wanted to be able to address the comments correctly.

Ms. Marsh clarified that the property owner had to sign the application and that they were part of the rezoning request.

Commr. Parks asked if the applicant and the property owner were aware of the residents’ concerns.

Ms. Barrón commented that the applicant knew that the complaint was due to the concerns of the citizens; however, she was unsure if they had community outreach.

Ms. Marsh explained that under Section 790.333, Florida Statutes, there was the following State preemption: “Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition use at sport shooting and training ranges, including the environmental effects of projectile deposition at sport shooting and training ranges.” She said that even when this came to the Board, they could not consider any environmental effects or regulate those projectiles, noting that it was strictly in the State’s purview.

Commr. Campione inquired if they could address items such as berms.

Ms. Marsh clarified that the Board could address items that would be geared toward the operation of a business, but not specifically a firearm business. She added that the Board could address setbacks, berms, etc. to make it more compatible since it was a CUP; however, they could not address the actual projectiles or the environmental effects of this.

Commr. Campione relayed her understanding that the Board could address hours of operation and safety issues.

Ms. Marsh confirmed this, indicating that it would be anything that they would consider for any other type of business that could be located on this property.

Commr. Campione asked when the initial code enforcement complaint was filed.

Ms. Marsh believed it was in March 2022, and that this was the same time that the SJRWMD became aware of it. She commented that typically, if another State agency was involved, the Office of Code Enforcement would step back because State agencies generally had more enforcement authority than the County had with going to a code enforcement special master and seeking a minimal per day fine.

Commr. Campione said that there were two things going on in this case, noting that there was the SJRWMD issue with regards to the wetlands, and she questioned if the operation of a gun range without a CUP was a separate violation.

Ms. Marsh confirmed that it was, noting that the gun range was told multiple times that they needed to submit for a CUP, which they did in February 2023.

Commr. Campione stated that it seemed like a long time before there was an application filed.

Commr. Shields relayed that this was why the residents had run out of patience with the County’s process, and he said that he would like to shut it down.

Commr. Smith questioned if the County should have them stop operations until the CUP was completed.

Ms. Marsh indicated that in order to do this, the County would have to seek an injunction from the court, noting that the County could tell them to cease and desist, but they would need an injunction to force them to do this.

Commr. Campione said that the County could do the cease and desist, and if the gun range did not, then the County could consider the injunction. She added that the County could let the gun range know that they received these complaints and had concerns, and that the County wanted them to stop while the application was pending. She elaborated that if they chose not to adhere to that request, then the County could move for the injunction.

Commr. Shields made a motion for this.

Commr. Campione seconded the motion.

Commr. Parks opined that it should be noted that it was not necessarily the sign of someone that wanted to do it right way, noting that it had taken so long to even receive the permits for a commercial operation. He clarified that the Board was not trying to regulate firearms; however, it was the process, and he opined that it did not look like there was much consideration with this item.

Commr. Campione commented that a CUP was the mechanism that allowed them to try to balance the interest of the people nearby versus the business owner.

Commr. Smith relayed his understanding that the Board would like Ms. Marsh to draft a letter for a request to stop operations until a CUP is completed.

Commr. Campione confirmed this and added that if they did not adhere to this, then it would be to seek an injunction to stop until such time as the CUP is heard by the Board.

Ms. Marsh mentioned that they could probably send the letter in the next day or two, and she was unsure how much time the Board wanted to give the applicant. She indicated that if the Board wanted to seek an immediate injunction, then she would have to retain outside counsel because her office was currently shorthanded.

Commr. Smith thought that the Board needed to give them enough time to at least respond.

Commr. Campione opined that it should be closer to five days, and that this was plenty of time to receive a letter and learn that they were being asked to stop. She added that this could possibly encourage them to get their application moving ahead.

Commr. Smith stated that the County had to make sure that it was not their processes that were slowing the applicant down.

Ms. Marsh believed that the application was filed in February 2023, and that the first staff letter was not sent until May 2023, noting that this was part of the delay.

Ms. Alison Yurko, an individual working with Mr. Flynn, opined that moving forward with code enforcement would be helpful. She thought that the application had come in during January 2023, and she relayed her understanding that the gun range was adding additional unpermitted structures. She opined that most jurisdictions moved forward with code enforcement while someone was in the process of complying, noting that it was an independent hearing and would be noticed.

Ms. Marsh commented that the County never did code enforcement and injunctions at the same time, and that the quickest that they could likely get this to the Code Enforcement Special Master was September 2023, which would be the same timeframe that they anticipated bringing the CUP application back to the Board. She said that the County could do one or the other, and she relayed that historically, the Code Enforcement Special Master gave them time to file applications and would not levy any fines; furthermore, if the Code Enforcement Special Master found out that an application was filed and pending, she was unsure if they would give the applicant additional time or dismiss the case. She said that she would not recommend doing code enforcement and an injunction at the same time.

Commr. Smith thought that the best process was to send a letter asking the gun range to cease until the CUP was done, and to give them five days to respond.

Commr. Campione opined that doing code enforcement and an injunction would create more confusion and prolong a resolution. She thought that it would be better to have the injunction in place, noting that it could possibly encourage the applicant to get their application in. She added that special masters tended to give people an opportunity to submit an application.

On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved to send a letter to cease and desist while the application was pending, and if the gun range did not shut down within five days, then the County would move forward with filing for a temporary injunction.

presentation and discussion on the 2024 legislative priorities

Ms. Niki Booth, Executive Office Manager for the County Manager’s Office, presented the proposed 2024 legislative priorities. She provided the following background information: each year, the Board submits a list of priorities to the Lake County Legislative Delegation at their public meeting, which was being held on August 22, 2023; the County worked with its lobbyist, GrayRobinson, on obtaining funding for the approved priorities, as well as tracking legislation; and Commissioners and key staff members attended meetings in the City of Tallahassee to support legislative efforts. She mentioned that the County presented six projects in the previous year, some of which were funded, and some of which never received sponsors or were vetoed. She explained that the funded projects included the Agricultural Education and Expo Center for $2,000,000, the South Lake Trail Boardwalk and Multi-Use Trail improvements for $500,000, and the Neighborhood Lakes Scenic Trail and Trailhead improvements for $400,000. She indicated that the projects which were not funded or were vetoed included Pine Lakes Fire Station 15, which was vetoed, and the bear proof trash cans and the Golden Triangle Regional Park, which never received sponsors or moved forward for funding. She said that four proposed 2024 legislative priorities would be presented, and that the first project was the Golden Triangle Regional Park East Campus. She explained that this was a 25-acre lakefront site located in the City of Tavares, and that the County’s adopted Parks and Trails Master Plan identified the need for a regional park to serve residents in the Golden Triangle area of Lake County. She relayed that County would be requesting $500,000 for construction costs related to the connection of the regional multi-use trail system, the North Lake Trail and Wekiva Trail. She also indicated that improvements would include but not be limited to a trail and major trailhead, and recreational support facilities and amenities, noting that this was a public/private partnership project with the City of Tavares and the YMCA. She then commented that the second project was the East Lake Sports and Community Complex, noting that in 2017 Lake County purchased 42 acres adjacent to the East Lake Sports and Community Complex to expand the park to 75 acres, furthermore, construction for phase one of the expansion property was set to begin in 2024. She said that the County would be requesting $500,000 for construction costs for phase one related to the connection to the regional multi-use Wekiva trail system, and that improvements included a trail, major trailhead, recreational support facilities, and amenities. She stated that the next project would be for the public safety radio tower in the Wellness Way area, indicating that there were currently 19 towers located throughout the County; however, South Lake needed an additional public safety radio tower to expand the countywide radio infrastructure in the area of significant growth south of the City of Clermont in the Wellness Way area to include State Road (SR) 429 and the newly approved SR 516. She mentioned that the expansion was necessary to sustain the daily and future demand from Lake County’s ASTRO 25 radio system for local, regional, state and federal public safety agencies; additionally, the County would be requesting $1,000,000 for the tower construction. She mentioned that the last project would be the Workforce Training and Continuing Education Center at Cagan Crossings Community Library, remarking that the library was located in the Four Corners area and had an unfinished 12,000 square foot second floor. She added that Lake County, in partnership with Lake-Sumter State College and Lake Technical College (Lake Tech), would create a flexible classroom, meeting, and student space to be used by residents attending classes, workshops, and programs. She indicated that the building plan included three 900 square foot classrooms, a laboratory, staff areas, student lounge/study area, restrooms, and an 800 square foot community meeting room, and that the college and technical school would offer continuing education, workforce development, hospitality/tourism, and medical technician courses. She said that there were strong General Educational Development (GED) and English to Speakers of Other Languages (ESOL) communities using the library’s community room, and that the technical school would build on these for the residents; furthermore, the project included creating a dedicated entrance for the second floor that included a stairwell and an elevator so the schools could offer courses if the library is closed. She mentioned that the estimated costs for the total buildout was estimated at $4 million; however, the County would be requesting $750,000 for phase one design and construction. She concluded that the requested action was approval of Lake County’s 2024 legislative priorities.

Ms. Barker said that staff planned to give the Board one or two more presentations before they needed to submit to their Legislative Delegation, and that the Board could provide feedback. She added that Mr. Chris Carmody, with GrayRobinson, would be providing an annual update on July 25, 2023.

Commr. Smith was unsure why the bear proof trash cans did not receive sponsors, and he said that he would like to see it back on the legislative priorities.

Ms. Barker clarified that staff had added this to their American Rescue Plan Act (ARPA) project plan to fully fund everyone on the current waiting list; therefore, it was not included as a legislative priority.

Commr. Campione noted that it was needed and that there were many people on the waiting list, and she opined that there were people who would possibly get on the list if they knew that it was available. She hoped that the County could utilize additional funding to address this.

Ms. Barker thought that the County could consider adding annual funding, noting that the initial amount from the ARPA project plan would help address the initial waiting list.

Commr. Campione stated that littering occurred as a result of bears getting trash, and that it was not good for the bears to have that food source. She opined that this was a significant issue for Lake County.

Commr. Parks expressed support for everything on the agenda, and he relayed his understanding that resiliency grants and wildlife corridor funding were exceeding $1 billion this year for the State of Florida; therefore, he requested for the County to consider having Mr. Carmody work with the Legislative Delegation to pursue funding opportunities which matched the countywide conservation strategy. He requested considering a statement around those two sources of funding from the State, and indicated interest in pursuing another source of funding from the State for alternative water supply projects. He also indicated interest in a statement supporting septic to sewer conversion projects, in addition to the ARPA funding that the County was using. He then indicated support for a general statement opposing the erosion of home rule, opining that Lake County did a good job locally and that there was much benefit in allowing Counties and Cities to address some items locally that were not related to commerce within the state.

Commr. Campione thought that these were good ideas for position statements, including supporting State legislation to assist with funding for distributed wastewater treatment systems (DWTS). She relayed her understanding that the County could do an overview of what they were trying to do with regard to Astor, and she thought that this fit in the category of resiliency. She opined that they had to be careful not to encourage people to occupy areas that were known to flood on a regular basis, and that people had to be on notice when they chose to live there that there was a limited amount of resources to address those items.

Commr. Parks relayed that the resiliency grants went toward protection of floodplains in some areas.

Commr. Campione said that they were not trying to change it, but were trying to make it so that they could manage as best as possible, knowing that these things were going to occur.

Commr. Smith thought that it would be good to let the Board and Mr. Carmody review this.

Commr. Parks stated that he could work with Ms. Barker to have a few of these items placed on an agenda.

Commr. Smith asked if there needed to be a motion or consensus.

Ms. Barker thought that staff had consensus at this point, and commented that they would bring back another presentation with some position statements.

resolution initiating process for solid waste assessment roll

Ms. Allison Teslia, Director for the Office of Management and Budget, provided the following information about the solid waste assessment: it was used to fund the collection, management and disposal of residential solid waste in unincorporated Lake County; the assessment rates must be set annually and are included on the truth in millage (TRIM) notice; it could not be used to fund countywide services; and was based on service level. She showed an overview of the solid waste assessment rates, noting that it included the collection, disposal and administrative costs, along with the increases to cover the new contract rates and consumer price index (CPI) increases. She added that it was based on service levels, and that it included once and twice a week service. She commented that the requested action was approval of the solid waste initial assessment resolution and to establish a public hearing date of September 12, 2023, at 9:00 a.m. or as soon thereafter.

Commr. Smith asked if the rates were done by contractual agreements, and Ms. Teslia confirmed this.

Commr. Shields expressed concerns for the service, noting that he was receiving messages from residents about garbage not being picked up. He questioned how to explain it to residents, opining that residents were already wanting a refund because they were not receiving the service they thought they were paying for.

Commr. Parks mentioned a statute about contractors.

Ms. Barker said that this could be provided to the Board, recalling that two statutes had been discussed during a solid waste workshop which addressed that if the County cancelled contracts or changed the service levels, then the haulers had recourse.

Commr. Smith inquired if the Board could receive the amounts from surrounding Counties.

Ms. Barker mentioned that this could be brought back or sent to the Board, noting that staff identified that surrounding Counties that recently went out to bid were paying more or about the same as Lake County. She added that it was a nationwide issue with solid waste, and that the industry experienced a shortage of employees during and immediately following the coronavirus disease 2019 (COVID-19), noting that they had to significantly raise their personnel rates to attract and retain drivers; additionally, it was a petroleum based industry, and the cost of gas was heavily affecting it. She pointed out that the proposed assessment was a large increase, and that if one took the annualized amount of the increase and divided by 12, it was likely $12 to $15 more per month; however, she opined that it made sense when considering other costs that had risen more than $12 or $15 per month because of inflation.

Commr. Smith relayed his understanding that when the County received complaints from residents when the haulers were not doing what they were supposed to, the County fined them each month.

Ms. Barker confirmed that the County fined the haulers if they did not meet their contractual obligations.

Commr. Campione opined that the bear proof trash cans would help in some regards because it would address days when things were not picked up when they were supposed to be.

Ms. Barker pointed out that the County had ordered two garbage trucks for their own use to make sure they were addressing missed pickups quickly with County staff. She added that there was an eight month lead time, and that the County expected to receive them by the end of the calendar year; furthermore, once the two trucks were received, the County could send its public works staff out to address missed pickups.

Commr. Parks relayed that he had heard that the hauler in south Lake County had five trucks burn and be destroyed.

Ms. Barker said that she heard that they had quite a few breakdowns and had a challenging time receiving parts for repairs. She commented that she did not hear about a fire.

Commr. Smith opined that things would get better with the addition of the County’s two trucks, and hopefully with the repairs of the trucks in South Lake.

Ms. Barker stated that the County met regularly with the haulers to ensure that they were aware of the deficiencies in the service, and that the County hoped to improve that quality.

On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved solid waste initial assessment Resolution 2023-83 and to establish a public hearing date of September 12, 2023, at 9:00 a.m. or as soon thereafter.

resolution initiating process for fire assessment roll

Ms. Teslia explained that the fire assessment was used to fund fire protection services and basic life support (BLS) services, noting that it could not fund advanced life support (ALS) services; additionally, the assessment rates were calculated based on call data and the distribution of incidents, the allocation of resources and budget, and the proportionate share for each land use. She showed a breakdown of the calculated fire assessment rates, recalling that the County did not increase the fire assessment rates in the previous year based on the study which was done. She concluded by requesting approval of the fire rescue initial assessment resolution and to establish a public hearing date of September 12, 2023, at 9:00 a.m. or as soon thereafter.

Commr. Smith indicated that he had an issue with assessing vacant land.

Commr. Campione said that especially in her district, Commission District 4, when one had a fire on vacant land with much trees and vegetation, it affected the people next door; furthermore, it was a team effort when a fire had to be put out.

On a motion by Commr. Parks, seconded by Commr. Shields and carried by a vote of 3-1, the Board approved fire rescue initial assessment Resolution 2023-84 and to establish a public hearing date of September 12, 2023, at 9:00 a.m. or as soon thereafter.

Commr. Smith voted no.

fy 2024 lake county water authority budget presentation

Ms. Barker said that this was part of the annual process, noting that the BCC had to approve a millage and budget for the Lake County Water Authority (LCWA) as part of the legislation passed in the previous year. She indicated that this was the first of three presentations, and that the LCWA would go through a review similar to the County departments; furthermore, the LCWA would provide budget information and the proposed millage rate, and the BCC would provide guidance back to the LCWA for what they would like to see the millage rate be approved at for the TRIM notices. She added that the LCWA would come back in September 2023 and provide any changes, and that there would be one final meeting in September 2023 where the BCC would give them final direction for what the final millage rate should be adopted at.

Ms. Marie Baldomero, Financial Coordinator for the LCWA, explained that the mission of the LCWA was to conserve and protect freshwater resources through the successful running of their Nutrient Reduction Facility (NuRF), stormwater grants, their newly minted Shoreline Restoration Program, and lake water monitoring. She showed the LCWA’s organizational chart and said that they currently had 14 full-time employees (FTEs), and she commented that this structure was going to change once the transition completed for the County.

Mr. Steve Crawford, Director of Water Resources for the LCWA, reviewed the following accomplishments over the past fiscal year: privatization of the NuRF Facility, noting that Woodard & Curran was running the operations and had done a good job, and that it allowed staff to focus on other issues; the water service lines were replaced at Hickory Point, remarking that the old system was breaking down regularly and staff was spending much time repairing it; opened Scrub Point Preserve to the public, noting that it had been heavily used; LCWA had a stormwater grant program beginning in 2000, noting that to date they had granted $11.5 million in awards to all the municipalities and the County which allowed $33.6 million in stormwater projects to be done throughout the County; in the past fiscal year, the City of Fruitland Park completed a $265,000 stormwater improvement project for Mirror Lake; the City of Clermont completed a stormwater project that the LCWA had contributed $30,000 toward, noting in the current year, the LCWA had awarded almost $1 million in stormwater grants to the Cities of Tavares, Leesburg, Fruitland Park, and the Town of Howey-in-the-Hills; in 2022, the County completed a Lake Joanna baffle box that the LCWA contributed $90,000 toward; the City of Mount Dora completed a Lake Gertrude stormwater project for $67,500; the LCWA funded stormwater master plans for the Town of Lady Lake and the City of Mascotte; contracted with Sustainable Water Infrastructure Group (SWIG), noting that they had removed about 8,300 cubic yards of material and would remove an additional 20,000 cubic yards in the near future; upgraded the final set of NuRF alum tanks, in addition to air conditioners; hired an educator to double their capacity for education outreach; hosted a kids fishing event, in addition to other events; educated about 1,500 more people than in the previous fiscal year; and upgraded signs on public lands. He also recalled that the LCWA had purchased an old farm near the City of Leesburg, which had operated like a muck farm; additionally, the nutrient loading was going to Lake Denham which flowed into Lake Harris, and they had hired Southeast Soils to restore the area. He then listed the following efficiencies: launched a vehicle maintenance and monitoring program to improve fleet services and reduce downtimes; equipped kayaks with tracking devices due to thefts; installed cameras in some preserve properties for public safety; on the Harris Chain of Lakes, they installed new navigational lights for night-time boaters; and they received a $1.15 million federal grant to improve six boat ramps at Hickory Point.

Ms. Baldomero displayed the proposed budget of $29,313,949 for FY 2024, noting that they had a slight reduction in their personnel costs due to a reduction in the budgeted board compensation, removal of their executive director salary, and overall staff restructuring. She also pointed out that operating expenses reflected a roughly $2 million increase for Lake Yale alum application, the additional costs of the County administrative services, and $6,500 for college education. She also said that capital outlay reflected the purchase of the Pine Meadows property. She then showed the certified property tax values and stated that there was an increase of 14.61 percent. She relayed the following summary of the FY 2024 recommended budget: fully funded the LCWA operations and the NuRF; funded four water officers for the Lake County Sheriff’s Office (LCSO) and two officers for the City of Clermont; funded $5 million in stormwater grants and water specific aid, pointing out that this included $2 million for the 2024 budget that was going directly back to the public in grants, along with $3 million that had been previously awarded; and included funding for the Lake Yale alum project. She commented that the LCWA had recommended that they keep the millage as it was in the previous year at 0.3083 mills for FY 2024. She then listed the following next steps for 2023: would meet with the BCC on September 12 and 26; the LCWA Board would be having their first public hearing on September 13; and the LCWA would have a final hearing on September 27. She read the requested action to establish the maximum millage rate to be include on their TRIM notices.

Commr. Smith asked if they had tried to receive a grant from the SJRWMD or the Florida Department of Environmental Protection (FDEP) for the Lake Yale alum project. He thought that it should be a partnership between LCWA and the SJRWMD.

Commr. Campione said that she would like to receive a list of pending grants and what the LCWA had in the pipeline currently.

Mr. Crawford replied that their grants were usually a two year process, and that going back to 2021, the County still had two grants that they had not been able to complete; additionally, this included a Picciola baffle box for about $64,000, and a second baffle box planned for Lake Joanna that the LCWA fully funded for $245,000, though there had been a land dispute. He added that for 2022, they had $105,000 for the City of Tavares public works training facility retention pond, and the City of Tavares also had $162,500 at Aesops Pond. He relayed that the BCC had a stormwater baffle box at Sun Eden for $50,000, as well as Town of Montverde stormwater improvements for $200,000 and City of Mascotte stormwater improvements for $224,000. He added that the City of Clermont had a $250,000 grant for completion of work regarding drainage that went into Lake Winona, and that there was $106,000 for the City of Leesburg at Center Street. He mentioned that there was almost $277,000 in grant funding for the work at the City of Leesburg Center Street project, and that the LCWA had funded about half of the proposed St. Clair Abrams Avenue treatment pond in the City of Tavares for about $377,000. He stated that the Town of Howey-in-the-Hills was starting a series of programs to pick up drainage coming into Little Lake Harris, and that there would be $82,000 for the first round of this. He then related that there was continuation of the work that the City of Fruitland Park did for drainage into Mirror Lake for $264,000.

Ms. Barker noted that the Board could be provided this information.

Commr. Campione asked if these items were in the second round of applications, and Mr. Crawford confirmed this. Commissioner Campione then inquired if they were unsure about the following year.

Mr. Crawford said that this was correct, and that they would move this process up because the LCWA’s budgeting process had also moved up to correspond to the County’s. He said that they would likely be advertising around the next month for those requests.

Commr. Campione asked if the Pine Meadows allocation was just for one year.

Ms. Baldomero said that this was correct, and that it was based over three years.

Commr. Smith thanked the LCWA staff and Board members for keeping the millage rate the same as the previous year, and he also indicated interest in possibly reducing it.

Commr. Campione agreed, and she thought that the focus was on these projects, to ensure that they kept them moving along, and to continue to address water quality improvement in Lake County.

Commr. Shields noted that the County had been a recipient of the grants, but that now the LCWA was under the County.

Commr. Campione clarified that they would coordinate with the Lake County Public Works Department and that it would be the same as before.

Ms. Barker added that the LCWA would still approve the grants as a separate governing body.

Commr. Parks mentioned that the two grants may be waiting for the Public Works Department.

Mr. Crawford said that for the land dispute, the homeowner at the original proposed location decided not to allow it to occur there, and that they had now located another homeowner who seemed to be willing to have a baffle box placed there.

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved to advertise a millage of 0.3083 mills for the TRIM notice.

maximum millage rates for trim notices

Ms. Teslia said that this presentation was to establish the maximum millage rates that would be included in the BCC TRIM notices, and to approve the public hearing dates and times. She displayed the certified taxable property values as of July 1, 2023 compared to the final 2022 taxable values, noting that the overall increase to the General Fund was about $4.47 billion, which reflected a 14.73 percent increase; additionally, about $1.39 billion was from new construction. She added that with the Save Our Homes cap, most homeowners would only see a three percent increase in their property values. She also indicated that the Wellness Way municipal services taxing unit (MSTU) reflected a 100 percent increase because it was new. She provided the following summary of the FY 2024 budget recommendation: the total recommended budget for FY 2024 was $711.4 million; the total operating budget was $610.2 million; the budget reflected the use of ARPA funds in the current year for FY 2024; it did not include the hospital assessment for FY 2024, noting that this information would be provided in September 2023 and that in FY 2023, the hospital assessment was about $34 million; the FY 2024 recommended budget fully funded County operations, new position requests, judicial support, Constitutional Offices, and the Medical Examiner budgets; it also funded the $14 per hour minimum wage adjustments and compression; allocated $5 million toward road resurfacing; and items not included were costs related to the LCWA transition, purchase order (PO) carryforwards or project rebudgets for FY 2024, the local provider hospital assessment, the LifeStream Behavioral Center request for an additional increase to their budget of about $81,000, or the final budget for the Lake County Tax Collector which would be received in August 2023. She showed an overview of the department position requests and mentioned the following positions: the Municipal Services Benefit Unit (MSBU) Subdivision Coordinator was for the management of the MSBU subdivisions, per the newly adopted MSBU ordinance; there was a Software Developer, which was to assist the programming work adding website features and to automate and improve application processes, noting that this would be a split cost with the Lake County Property Appraiser; there was a Program Compliance Auditor, which was to meet specific housing auditing and monitoring requirements for Federal and State programs; and the Financial Coordinator for the Office of Library Services was partially due to the LCWA reorganization and requirements for library state aid reporting. She also added that this did not include position requests associated with the LCWA transition that staff would be bringing back in September 2023. She displayed a breakdown of the proposed millage rates, reiterating that the Wellness Way MSTU was newly added and that they expected a millage rate to be established in FY 2025; additionally, staff was recommending no changes to the millage rates for FY 2024. She displayed the next steps in the budget process for 2023 and commented that in August, the County would receive the Tax Collector’s budget and would hold the workshops for the Infrastructure Sales Tax (IST) projects; furthermore, in September they would hold their public hearings to adopt the budget and millage rates. She said that the current requested action was to establish the maximum millage to be included on TRIM notices, noting that the final millage rates would be determined in September 2023 during public hearings; additionally, the requested action was also to approve public hearing dates and advertisements.

Ms. Barker explained that for the position requests, the Office of Housing and Community Services and Office of Library Services requests were existing positions which were not funded in previous years; therefore, the positions existed, and staff was only requesting that they be funded in a new role. She also mentioned that staff needed for the Office of Planning and Zoning had been discussed recently, and that they had a consultant getting ready to assist the County in reviewing the entire process, noting that they were moving from a rural Lake County to an up and coming Lake County with much growth. She added that they needed to review their processes and ensure that they identified where the needs were, and she expected that they were going to be adding positions in that department; however, she wanted to make sure that they were adding the right positions to address the growth and service needs for the residents and developers. She said that she expected to come back in the future requesting additional positons for that office.

Commr. Parks pointed out that the Wellness Way MSTU was only if one was in that MSTU area, and that it was not for the entire county.

Commr. Smith asked if that millage rate would only be on the Wellness Way residents’ TRIM notices.

Ms. Barker clarified that it would only be on their TRIM notices.

On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved to establish maximum millage rates to be included in the Truth in Millage (TRIM) notifications, and approval to hold public hearings at 5:05 p.m. on September 12, 2023 and September 26, 2023, and to advertise these public hearings.

recess and reassembly

The Chairman called a recess at 10:51 a.m. for five minutes.

public hearing: ordinance 2023-41 trespass notices

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 2-4, LAKE COUNTY CODE, ENTITLED TRESPASS NOTICES FOR PUBLIC PROPERTY, TO PROVIDE CONSTITUTIONAL OFFICERS AUTHORITY TO REQUEST ISSUANCE OF TRESPASS NOTICES FOR COUNTY-OWNED PUBLIC PROPERTY; 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.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-41 to amend Section 2-4, Lake County Code, entitled Trespass Notices For Public Property.

public hearing: ordinance 2023-42 regional roadway network landscape design standards

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 16.00.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, TO BE ENTITLED REGIONAL ROADWAY NETWORK LANDSCAPE AND HARDSCAPE DESIGN STANDARDS; PROVIDING DESIGN STANDARDS FOR PORTIONS OF WELLNESS WAY, HANCOCK ROAD, SCHOFIELD ROAD AND COUNTY ROAD 455, LOCATED IN THE WELLNESS WAY AREA PLAN BOUNDARIES; 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 asked that this item include the errata sheet that she had provided the Board at their approval to advertise to cover the CEMEX litigation.

The Chairman opened the public hearing.

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

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-42 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, with the errata sheet that the County Attorney had provided the Board at their approval to advertise to cover the CEMEX litigation.

public hearing: ordinance 2023-43 distributed wastewater treatment system msbu

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; ESTABLISHING THE DISTRIBUTED WASTEWATER TREATMENT SYSTEM MUNICIPAL SERVICES BENEFIT UNIT (MSBU); PROVIDING THE BOARD OF COUNTY COMMISSIONERS WITH THE AUTHORITY TO LEVY AND COLLECT SPECIAL ASSESSMENTS AND SERVICE CHARGES WITHIN THE MSBU FOR PARTICIPATING RESIDENTS; AMENDING SECTION 20-1, LAKE COUNTY CODE, TO ADOPT THIS ORDINANCE BY REFERENCE; 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.

Ms. Cindy Newton, a concerned citizen, relayed her understanding that at year 10 with the minimal increase of three percent, it would be costing $861 a year, opining that one would have already paid in $7,566. She wondered what all this covered, such as parts and service calls.

Commr. Campione indicated that it covered everything and that it was not on the homeowner at all. She mentioned that it went into the system as a whole, similar to a reserve for a utility system, and that this would be utilized to address anything related to the system. She reiterated that it was not a system that the homeowner ever had to repair.

Ms. Newton inquired if there was a limit on time, opining that it was a significant amount of money after 20 years.

Commr. Parks mentioned thinking of it like running a utility, and he opined that it was comparable to any increase that a city would have.

Commr. Campione mentioned that this was just there if they had increases in costs, and that it was included if the costs of materials and labor increased; however, it was not automatic, nor did it always have to increase.

Commr. Smith added that this was 100 percent voluntary.

Commr. Parks believed that the County was providing a good option and thinking about the future, noting that with the recent order from FDEP two weeks prior, he believed that within the current year one would not be able to have standard septic tanks installed anymore.

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

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-43 establishing the Distributed Wastewater Treatment System Municipal Services Benefit Unit.

public hearing: ordinance 2023-44 buildings and construction

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 LAKE COUNTY CODE, CHAPTER 6, ENTITLED BUILDINGS AND CONSTRUCTION; PROVIDING UPDATES AND AMENDING THE CHAPTER TO BE COMPLIANT WITH THE FLORIDA BUILDING CODE; 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 indicated that staff had found some typos and formatting issues which would be corrected before the Chairman signed the ordinance.

The Chairman opened the public hearing.

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

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-44 amending Chapter 6, Lake County Code, entitled Buildings and Construction, with the understanding that the typos and grammar would be corrected. This change is required by House Bill 735 (2021).

public hearings: REZONING

rezoning regular agenda

Tab 1. Ordinance No. 2023-45

Rezoning Case # RZ-22-27-4

Storage Masters

Rezone approximately 2.38 +/- acres from Residential Professional District (RP) to Planned Commercial District (CP) and amend Planned Commercial District (CP) Ordinance #36-87 to incorporate the 2.38 +/- acre parcel identified by Alternate Key Number 1597846 to facilitate the development of an additional mini storage warehouse.

storage masters

Ms. Mary Ellen Stern, Executive Director of Economic Growth, displayed the advertisements for that day’s rezoning case on the overhead monitor in accordance with the Florida Statutes. She commented that since the staff report and draft ordinance for Tab 1, Rezoning Case #RZ-22-27-4, Storage Masters, was distributed, the applicant had provided a revised concept plan. She noted that changes to verbiage were also added to the ordinance to incorporate the additional conditions consistent with the revised concept plan; furthermore, an addendum was added and published at the end of the previous week. She recalled that on May 23, 2023, the Planning and Zoning Board had made a motion to approve Tab 1 on the regular agenda with a vote of 4-2 with the information that the Wekiva River Protection Area (WRPA) Land Development Regulations (LDR) were inconsistent with the 2030 Comprehensive Plan (Comp Plan). She related that Tab 1 had also been presented to the BCC on June 6, 2023, where it was continued to the current meeting.

Commr. Smith asked the Board to disclose any ex parte communication.

Commr. Campione said that she had communication with the applicant’s attorney and with a property owner.

Commissioner Parks, Commissioner Shields and Commissioner Smith indicated that they had nothing to disclose since the last meeting.

The Chairman opened the public hearing.

Ms. Newton relayed her understanding that there was a provision in the code regarding greater restrictions and that if there was a conflict in restrictions, then these would be used. She asked the Board to consider the overlay districts including the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA), the Wekiva Protection Area, and the Wekiva Study Area, as well as the Mt. Plymouth-Sorrento Main Street future land use (FLU) category. She indicated her understanding that that some of the reasons for the Wekiva Parkway and Protection Act were to protect water quality and quantity, and the hydrology of the Wekiva River system with Comp Plans containing goals, policies and objectives that resulted in these protections including various land uses, densities and intensities to protect natural resources and the rural character of the protection area. She mentioned that this included the prohibition of development that was not low density residential in nature, unless the development had less effect on natural resources. She opined that it was not intended for there to be any commercial regulation, and she opined that under the Wekiva protections regulations in both the sending and receiving categories, the maximum impervious surface ratio (ISR) was 0.2, except for agricultural, civic and recreational areas, which increased to 0.3. She opined that the main function of the protection of the Wekiva Study Area was to protect the recharge it provided by limiting impervious surface and providing more open space for not only securing the most effective recharge, but also the protection of water quality. She said that they were instructed to achieve this objective by improving and ensuring the protection of the surface water and groundwater resources in both the protection and study areas, and she relayed that the staff report stated that this item was not in the most effective recharge area; however, it showed that the property was 100 percent Chandler sand and zero to five percent type A soil, which was defined by the SJRWMD as the most effective recharge soil. She opined that the local overlay and land use intended for this area was to include mom and pop stores and be walkable, and she relayed that the Board had heard from residents that they would prefer for something else to be on the subject property. She opined that this case represented an example of why the BCC should proceed cautiously in determining which commercial uses this waiver would allow, and she also opined that the proposal did not present a way to fit into the WRPA criteria, nor did the intensity of impervious surface fit in the intent of the Wekiva Study Area; additionally, she opined that the type of business did not fit with what the citizens wanted in the area. She encouraged the Board to make their decision based on all the criteria for this area.

Mr. Grey Wilson, representing the Friends of the Wekiva River, read a letter from the president of his organization which stated that they had expressed concerns to the BCC in the previous year regarding a proposed 7-11 gas station and convenience store that a developer proposed within the WRPA. The letter indicated that the Board had approved this item because it was located within an exception area that the County had established to allow commercial development within the WRPA, consistent with a planned commercial zoning district. The letter then described the subject case, and recalled that County planning staff had indicated that the proposed request was inconsistent with the intent of the Mt. Plymouth-Sorrento Main Street FLU, which was intended to preserve a sense of place and to establish a market within walking distance to support small shops and provide alternative modes of transportation such as walking, biking and public transportation. The letter said that his organization agreed with such inclusions, which was consistent with established Florida law that the County’s Comp Plan served as the constitution for local land use decisions, and that all proposed development must strictly comply with all provisions of the Comp Plan. The letter opined that in addition to being inconsistent with Mt. Plymouth-Sorrento Main Street FLU, the Storage Masters project also raised the same issues and concerns his organization had with the gas station and convenience store. The letter opined that much like the 7-11 project, the Storage Masters project was in an area that the County had apparently excluded in 2014 from their existing limitations on commercial development within the WRPA. The letter related that in creating an exemption for this area from the County’s existing limitations on commercial development, his organization was concerned that the County may not have fully evaluated all of the commercial uses that such exception area potentially allowed on lands within the WRPA. The letter listed uses that the LDR allowed within the Planned Commercial (CP) zoning district, and said that his organization hoped that many of these uses had no place on properties within the WRPA and should be excluded to avoid confusion and inappropriate zoning applications from being filed. The letter also recommended adding a new notation to the use chart in this section of the LDR to unambiguously exclude certain uses within the WRPA. The letter opined that as with the 7-11, the current Storage Masters project exemplified the potential unintended consequences when exemption areas were established in the County’s existing limitations on commercial development within the protected area. The letter said that to the extent that the County considered the creation of any additional exception areas, or the amendment of any existing exception areas, his organization requested the opportunity to work with the County on such matters. He then displayed a map of the recharge area of all of the Wekiva Study Area and WRPA, opining that the subject case was in the highest recharge range.

Commr. Campione thought there was a misunderstanding by the Friends of the Wekiva River and that they did not recognize the County’s Mt. Plymouth-Sorrento Main Street FLU, which had existed for a significant period of time and was reflective of zoning designations and land uses that were there before the Wekiva Parkway and Protection Act went into effect. She added that this was in the Mt. Plymouth-Sorrento CRA, and that the County had anticipated that this area would become the commercial node of Mt. Plymouth and Sorrento; furthermore, it was understood that this was an area that had platted lots and an old platted subdivision. She reiterated that this was a commercial node and that the County had seen it that way for years.

Mr. Wilson stated that his organization understood that these districts were set up, though they disagreed with some of the criteria. He added that they did not feel that some of the listed items were the intent of the Board to happen in some of those areas.

Commr. Campione opined that Lake County did not have much left after the Wekiva Parkway and Protection Act went into effect, noting that there were some designated areas that were recognized which would be allowed, which were the intersections. She did not think that the County would change its position of protecting the property rights of people who owned land in those areas, opining that many land rights were taken away by the State. She added that this area was carved out and protected.

Mr. Wilson opined that with this specific case, there was a request for an exception for an area that was not commercial. He expressed concerns about protecting the area.

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

Ms. Marsh indicated that public comment had been addressed first, and that staff typically did a presentation.

Ms. Stern presented Tab 1, Rezoning Case #RZ-22-27-4, Storage Masters. She explained that the applicant was requesting to rezone approximately 2.38 acres from Residential Professional (RP) to CP and amend CP Ordinance #36-87 to incorporate about 2.38 acres identified as alternate key number 1597846 to facilitate the development of an additional mini storage facility. She said that the property was located north of Sorrento Avenue and east of Mt. Plymouth Loop in the Sorrento unincorporated area, and that the application included a request for the Board to consider a waiver for LDR Section 7.00.04(B)(10)(e), entitled Permitted Uses in the Wekiva River Protection Area, which limited commercial development within the WRPA to the following intersections: SR 44 and County Road (CR) 437; CR 44A and CR 437; SR 46 and CR 437; SR 44 in the vicinity of the Royal Trails subdivision; and SR 46 and CR 435. She added that the approval of this rezoning was contingent upon BCC approval of the waiver to LDR Section 7.00.04(B)(10(e), and she displayed the zoning and FLU maps for the subject property, noting that the FLU was Mt. Plymouth-Sorrento Main Street. She showed the revised concept plan and an aerial image of the property, commenting that the concept plan depicted an existing 40,000 square foot mini storage warehouse, along with parking and a stormwater retention pond; furthermore, there was also a proposed 30,400 square foot mini storage warehouse with parking and a stormwater retention pond located on the adjacent parcel identified as alternate key 1597846. She relayed that access through the existing mini warehouse development to the new building was proposed from Mt. Plymouth Loop, and that the revised concept plan depicted moving the proposed warehouse building located farther north, which would allow the preservation of existing trees between the building and the retention pond to screen the new building. She added that the impervious surface area for the overall development was 49.06 percent, which was consistent with the Mt. Plymouth-Sorrento Main Street FLU. She noted that in the revised ordinance, there were two items added on page three under item F, Landscape Buffering and Screens, mentioning that the first item was that the ordinance proposed to include that a vegetative wooded buffer shall remain as shown on the revised concept plan to allow the preservation of existing trees between the building and the retention pond to screen the new building; additionally, item two stated that the limit of clearing would be consistent with what was shown on the concept plan. She relayed that staff found the rezoning request inconsistent with LDR Section 7.00.04(B)(10)(e) and the Mt. Plymouth-Sorrento Main Street FLU as designated in the 2030 Comp Plan. She also recalled that the Planning and Zoning Board approved this item on the regular agenda with a vote of 4-2 with the information that the WRPA LDR were inconsistent with the 2030 Comp Plan.

Commr. Parks asked if the proposed stormwater pond was part of their open space calculation, noting that it could not be sodded and had to be vegetated with natural vegetation according to the County’s definition of open space.

Ms. Barrón indicated that this was noted in the ordinance.

Commr. Shields inquired about the inconsistency with the Comp Plan.

Ms. Barrón replied the Comp Plan went into effect on September 22, 2011 and that the LDR were to be updated within a specific timeframe; however, they had not been updated. She said that there was an inconsistency where the Comp Plan allowed the use within the typical uses, and in the LDR there was a section which stated that they could have commercial uses but only within specific intersections.

Commr. Campione relayed her understanding that the Comp Plan was the constitution and that it allowed this. She opined that the County needed to address this, adding that the inconsistency was that the LDR needed to be updated, rather than the Comp Plan.

Mr. McGregor Love, an attorney representing the applicant, opined that it was the intent of the Mt. Plymouth-Sorrento Main Street FLU to have commercial development. He displayed a map of the area and commented that no commercial development would be allowed to the northeast side of the subject property if the County strictly applied the intersection-specific commercial development provision. He opined that the proposed use was in demand and needed, and that it was in demand by the residents of the Mt. Plymouth-Sorrento CRA because of the nature of self-storage. He opined that the incremental tax value of the property being developed would benefit the CRA fund and allow it to do other types of uses and create the balanced mix of uses in the area. He also opined that the specific aspects of the subject property such as the topographic information, how it dropped from north to south, and how shared access was the preferable way to obtain access through the County’s access standards, made this property appropriate for an addition to an existing mini storage facility. He displayed the previous concept plan and pointed out that the building was 145 feet from the right of way, and he then showed the existing concept plan where the building was 220 feet from the right of way; additionally, they had a vegetative buffer that they wanted to keep in place to screen the additional building. He summarized that they were moving the building further north 220 feet from the right of way to preserve the buffer between the building and the pond. He mentioned that it would be a 30,400 square foot climate controlled mini storage warehouse with a maximum impervious surface area of 60 percent; however, it would only be 49 percent. He added that the joint access aisle was where they would have connection, and that the entire project was subject to commercial design standards which required uniform design if it was a master development. He commented that when the County looked at its commercial design standards and the Mt. Plymouth-Sorrento Main Street FLU design standards, the code anticipated this being a process that was worked out with staff. He noted that what would be required on a specific level for the addition, as well as for the existing development, would have to be complied with.

Commr. Campione recalled that there was an issue with the existing bright yellow roof and signage, noting that the current item was going to be consistent with the design standards as far as the coloring. She asked to clarify that this would include making the old section match the new section for colors.

Mr. Love commented that it prohibited florescent colors, and that the applicant was willing to change the roof color.

Commr. Campione said that the County wanted it to blend and match, and that the neighborhood had been requesting walkability from the standpoint of retail uses. She mentioned that there were other parcels that did not already have a storage facility on them, and she thought that the applicant’s argument was that they could use their existing entrance and maximize the space they had because they already had storage unis there, whereas placing retail there would not necessarily work partly due to the topography due to the way the property sloped. She mentioned that the applicant was creating a large buffer from the retention area, and that she did not want every application to be for storage; additionally, she thought that walkability was important, and she recognized that that there was a saturation level for retail stores. She opined that the Board had to consider items on an individual basis, and she said that she would like to include something in the ordinance to recognize the bright color, noting that everyone was wanting this to look like it belonged in the Mt. Plymouth-Sorrento Main Street FLU even if it was not a retail shop.

Commr. Parks asked about the commercial design criteria for color.

Mr. Love relayed that it referred to colors which should be avoided, and he clarified that it applied to the entire project and the existing facility. He mentioned that the applicant was aware of the issue, and he thought that the code set it up so that staff could indicate how they interpreted it and what the applicant should be required to do. He also said that the Board could add specific language to the ordinance.

Ms. Marsh stated that the commercial design standards indicated that façade colors shall be neutral or earth tone colors. She also questioned if yellow was a neutral or earth tone color.

Commr. Parks thought that there were some best practices around the State and cases that other locations had consistently used to differentiate an earth tone versus a florescent color.

Ms. Marsh mentioned that the Board could include something in the ordinance indicating that it had to be brown or green, and not florescent, neon, etc.

Commr. Campione made a motion to approve this item with additional language that the existing yellow would have to be changed to meet the County’s earth tone or neutral requirements, and that the entire site would be viewed as a master plan so that the existing building would have to comport to the new structure as far as the appearance.

Ms. Barrón commented that the ordinance did not include language that Commissioner Parks had mentioned, and that staff could add language that drought tolerant native trees and vegetation shall be utilized for all street trees, landscape buffers, and stormwater retention and detention areas.

Commr. Campione said that she would include this in her motion, in addition to the displayed language added by staff to address the buffer areas.

Commr. Smith asked if the applicant was agreeable to this, and Mr. Love said this was correct.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved Tab 1, Rezoning Case #RZ-22-27-4, Storage Masters, with additional language that the existing yellow would have to be changed to meet the County’s earth tone or neutral requirements, and that the entire site would be viewed as a master plan so that the existing building would have to comport to the new structure as far as the appearance; additionally, drought tolerant native trees and vegetation shall be utilized for all street trees, landscape buffers, and stormwater retention and detention areas. The approval also included language added by staff to address the buffer areas.

regular agenda

ordinance for regulation and reduction requirement

Commr. Smith said that this item was Commissioner Blake’s request, and that he would bring this up since Commissioner Blake was not in attendance. He explained that this item was that when the Board came up with a new regulation, they would reduce an old regulation or one that was no longer needed.

Commr. Parks thought that the Board was trying to be sensitive to overregulating, and he asked that if this was a policy, would the Board have to find something else to cancel each time they made a code change. He questioned that if this was the case, then they could possibly ask Ms. Marsh and Ms. Barker to find laws with issues. He said that if it was to eliminate LDR, then he would propose to redo their LDR altogether.

Commr. Campione opined that they needed to redo the LDR, noting that they needed to address the Mt. Plymouth-Sorrento issue.

Ms. Marsh clarified that the intent of this item was to eliminate outdated or unneeded regulations, and that the regulation did not need to be related to the one that the Board was bringing forward. She added that there was language that would allow the Board to waive this requirement by a supermajority vote; however, the Board could change this to a simple vote. She said that the County would be redoing the LDR as part of a complete overhaul, and she thought that this item was addressed to things such as an instance 15 years prior where she had write a code which made it illegal to annoy someone with a laser pointer. She mentioned that these were the types of things that the Board could eliminate as they brought forth new regulations.

Commr. Parks asked if the Board could just say to find these types of ordinances and eliminate them.

Commr. Campione expressed concerns for creating more work and bureaucracy by having an ordinance that said they had to do this. She indicated a preference to have it be a policy that if they proposed something new, they would make their best effort to include a reduction of something they thought was no longer applicable or was redundant.

Commr. Shields added that the Board could workshop the current laws that should likely be eliminated instead of making an ordinance to eliminate ordinances over time.

Commr. Campione mentioned that it require much review time to go through everything. She also opined that a new regulation would be better received by their colleagues if they proposed something to eliminate.

Commr. Smith was unsure why Commissioner Blake wanted to make it an ordinance, and he opined that the policy sounded reasonable.

Ms. Marsh indicated that staff could bring this back as a Board policy.

Commr. Campione said that a Board member could propose a workshop or to address it one chapter at a time to review things. She expressed concerns for getting sidetracked working on something like this when they had day to day items which needed to be addressed.

Commr. Smith thought that the best thing to do for this item was to table it to the next BCC meeting so that Commissioner Blake could explain it.

On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board tabled this item to the July 25, 2023 BCC meeting.

special master recommendation

Ms. Marsh explained that this item was a special master recommendation under Chapter 70, Florida Statutes, noting that two individual property owners had purchased property off Clear Lake in the east Lake County area. She elaborated that when they originally purchased the property, they knew that there was a stormwater pipe that had been installed in the 1960s, and that they had approached the County about originally moving the pipe, which the County indicated was fine through the Public Works Department because the County did not have an easement and it technically was not the County’s pipe. She commented that rather than move the pipe, the property owners cut the pipe which then caused damage to the shoreline, the lake, and adjacent property owners. She said that it went to the Code Enforcement Special Master, who found them in violation of not having the property and development orders. She said that they then challenged this through the Chapter 70, Florida Statutes, special master process, and that adjacent property owners were able to participate in that process. She mentioned that there was an informal mediation which came to an impasse, and that the Special Master held an evidentiary hearing, noting that the Special Master had recommended that these property owners comply with the code enforcement order and receive the proper permits. She stated that this was coming to the BCC and that they had the ability to accept, reject or modify this order; furthermore, staff was asking that they accept this order as it was written.

The Chairman opened the floor for public comment.

Mr. LaFayette Hollis, a resident on Clear Lake, said that his property was immediately adjacent to the west of a piece of community property that was owned by 45 residents of Clear Lake Estates. He added that it was for lake access, and that Mr. Timothy Ostermyer’s property was to the east of that property. He opined that Mr. Ostermyer, a party to the case, had made it a point to be obstructive to the work that needed to occur, and he relayed his understanding that the County had offered to install a proper stormwater drain to drain Clear Lake Circle and Clear Lake Drive. He mentioned that residents had submitted videos to the County of the volume of water that flowed onto that road and into the lake, and he indicated his understanding that Mr. Ostermyer had changed the direction of that piping and insisted on doing work himself, opining that this created a larger issue. He opined that there was significant erosion into the lake each time it rained, and that residents wanted the lake to continue to be usable. He asked what would happen after the current day, and if Mr. Ostermyer would be able to continue to do what he wanted, or if something would hold him accountable.

Ms. Marsh explained that if the Board accepted the recommendation, the property owner would be notified, and at that point the Special Master proceeding would be closed; however, because this was upholding the code enforcement order of enforcement, they would have a certain number of days under that order to bring it into compliance, or fines would begin. She added that they also had the option to challenge the code enforcement order by filing an appeal with the circuit court, and that they would have 30 days to do this. She mentioned that if they appealed it, then the County would have to work through the court system, noting that appeals could take a significant amount of time. She relayed her understanding that they were also under an FDEP consent order and were supposed to be complying with that or working on the issue.

Commr. Campione commented that when this initially started, there was an attempt to try to protect the lake as much as possible from the material going into it. She inquired that if this lingered as a result of a challenge in court, would the erosion and the issues related to water quality continue to occur without the work being done that the County had offered to do.

Mr. Hollis believed so, commenting that it had been over a year. He opined that the property owner had moved a pipe and had threatened to realign the pipe to damage the community owned property, and that had the property owner’s tractor not gotten stuck, piping would have been brought to the edge of their property which would have eroded other residents’ property. He added that the pipe had been aligned a second time near the center of Mr. Ostermyer’s property and continued to flow with a small amount of lime rock at the outflow of the pipe unencumbered. He opined that the water was not controlled as it should be and as modern regulations required. He hoped that the County would accept the obligation to properly design and install a stormwater outfall, and he thought that the only way this would happen was for the County to convince the property owner that it was in their best interest.

Commr. Smith asked what side of the property the pipe was on and where the land was being eroded.

Mr. Hollis relayed his understanding that the outfall was currently in the middle of the property.

Commr. Smith inquired if the community owned property was to the east of Mr. Ostermyer’s property.

Mr. Hollis clarified that it was immediately adjacent to Mr. Ostermyer’s property.

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

Commr. Smith noted that the County could not access private property; however, this had to go from a public right of way onto a piece of private property. He asked if there was a way for the County to get that pipe to the community owned property and have the community owned property give an easement so that the County could install the drain line.

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, confirmed that there was a way to do this. He was unsure if the County had explored this option, and he clarified that it was on the east side. He commented that the County had requested a 30 foot easement from this property, and then the County could install the pipe at the County’s cost before this started. He mentioned that the residents wanted to place it more directly on the property line and share the easement with the adjacent property owner, and that the house on that side was about 10 feet away; therefore, the side slopes would not allow that construction to occur without compromising the adjacent house. He relayed that if the County went to their property, they could pipe across Mr. Ostermyer’s property and then angle down the other property.

Commr. Campione noted that Mr. Ostermyer would still have to cooperate. She opined that the Board needed to accept the agreement as the first step.

Ms. Marsh confirmed that it was staff’s recommendation to accept the Special Master’s recommended order.

Commr. Campione said that the County could see how Mr. Ostermyer responded and what happened next, noting that they could look for any possible solution to protect the water quality.

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board accepted the Recommendation of Special Master which is the subject of a Request for Relief pursuant to Section 70.51, Florida Statutes, concerning Bethany Reichwein and Timothy Ostermyer v. Lake County, File No. SM 2022-3.

appointments to the value adjustment board

Commr. Shields indicated that he would be happy to continue serving on this board.

Commr. Smith recalled that Ms. Addie Owens had withdrawn her application; therefore, he would recommend Commissioner Blake, Commissioner Shields, and Mr. Bryan Rubio to remain on the Value Adjustment Board.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved to reappoint Commissioner Blake and Commissioner Shields as County Commissioners, and Mr. Bryan Rubio as a citizen member, to the Value Adjustment Board (VAB) with terms ending July 11, 2024.

appointments to the mt. plymouth-sorrento community redevelopment advisory committee

Commr. Campione said that the appointments had to be filled by someone who owned property inside the Mt. Plymouth-Sorrento CRA.

Ms. Marsh clarified that she verified their addresses and that they were in the planning area.

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved to appoint Mr. Tim Kiley and Ms. Sandra Stura to the Mt. Plymouth Sorrento Community Redevelopment Advisory Committee as persons who own property within the planning area, with a term expiration date of January 31, 2026.

commissioners reports

commissioner shields – vice chairman and district 1

dark skies designation for city of groveland

Commr. Shields mentioned that the City of Groveland received the dark skies designation.

Commr. Parks thought that it was the first city in the United States to receive this designation.

Commr. Campione asked if they achieved it or if they were trying to achieve it, and Commissioner Shields replied that they had achieved it. Commissioner Campione then asked if everyone turned off their lights at night.

Commr. Parks explained that it regarded lightbulbs and how they were angled.

Commr. Campione inquired if Lake County had these same restrictions and if they were using the right provisions in their code.

Commr. Parks mentioned that the County would have to change their code to be more like the City of Groveland.

tourist development council meetng

Commr. Shields relayed that he had a Tourist Development Council (TDC) meeting on the previous day, and that travel was starting to soften across the country, noting that people were starting to travel overseas.

fourth of july event in city of clermont

Commr. Shields said that he had attended a Fourth of July event in the City of Clermont.

florida association of counties meeting

Commr. Shields stated that there had been a Florida Association of Counties (FAC) annual meeting of the Board of Directors, which he was on.

visiting uss dwight d. eisenhower ship

Commr. Shields commented that he had been invited to visit the USS Dwight D. Eisenhower Navy ship, and that there were politicians and government officials from the southeast in attendance.

congratulating ms. jodi hanson

Commr. Shields congratulated Ms. Jodi Hanson, Commissioners Aide, for her 30 years of service.

commissioner parks – district 2

fourth of july celebrations

Commr. Parks thanked the Cities for great Fourth of July celebrations, noting that he participated in the City of Clermont celebration.

pride in america month

Commr. Parks related that it was Pride in America Month in Lake County, and that they were the only county in the country he was aware of that did this. He expressed interest in promoting this with social media, and he commented that there would also be a flag retirement ceremony.

Commr. Smith thought that the flag retirement ceremony would be on July 18, 2023.

florida association of counties event

Commr. Parks said that he attended a FAC event in the previous week, and that he was impressed with the University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS). He emphasized the value that UF/IFAS could provide to the county and cities; furthermore, he requested to have a presentation or summary on what UF/IFAS could present to the Board from a policy standpoint.

Commr. Smith mentioned that he had just finished a Board Short video at the Lake County Agricultural Center, and that it would be coming out within the next month or two. He opined that they did great work.

Ms. Barker said that the County utilized them internally for different projects and that they were helpful.

florida department of environmental protection final order

Commr. Parks stated that the final order from FDEP regarding onsite treatment disposal systems and sewage systems was significant for the county and the State of Florida. He requested an update on this to ensure that it would be addressed, relaying his understanding that there were some items that the County had to do within a year’s period of time.

Ms. Barker stated that these reports were due in January 2024, and that staff was working on this.

Commr. Campione said that when someone came in to receive a new building permit and they did not have central sewer, they would either have to hire a septic tank company to install one of these types of septic tanks, or they could potentially utilize the County’s MSBU. She questioned what the County could do to make people aware that this was available to them when they received a building permit. She added that it seemed like the County needed to be on a Home Builders Association of Lake-Sumter (HBA-LS) agenda to do a presentation for local builders so that they knew they would have to choose one or the other when putting a proposal together.

Commr. Parks agreed, noting that one could not install a typical septic tank anymore and that it had to be either some type of advanced treatment, the County’s option with a distributed wastewater treatment system (DWTS), or connecting to city sewer.

commissioner campione – district 4

addressing land development regulations

Commr. Campione asked if it was possible that the County could address some LDR fixes that they knew of when they came up, such as with the Mt. Plymouth-Sorrento Main Street FLU.

Ms. Marsh relayed that she was currently working on an ordinance to address the Mt. Plymouth-Sorrento Main Street FLU issue, and she thought that staff was going to talk with a consultant about an overall Comp Plan and LDR rewrite. She reiterated that she was doing ordinances for these immediate issues.

Commr. Campione said that she possibly needed to reach out to the Friends of the Wekiva River, opining that there was a misunderstanding.

commissioner smith – chairman and district 3

speaking engagements

Commr. Smith related that he had some speaking engagements throughout the previous week.

fourth of july celebration in city of tavares

Commr. Smith said that the City of Tavares had a nice Fourth of July celebration in the previous week.

congratulating ms. jodi hanson

Commr. Smith congratulated Ms. Hanson for 30 years of service.

all american pet photo day

Commr. Smith commented that it was All American Pet Photo Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:20 p.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK