A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

July 25, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, July 25, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; and Josh Blake. Commissioner not present: Leslie Campione. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Misty Spahn, Agenda Coordinator, County Manager’s Office; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.

virtual meeting instructions

Commr. Smith welcomed everyone to the Board of County Commissioners (BCC) meeting and noted that it was being streamed on the County website; furthermore, they were also broadcasting the meeting via Zoom.

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.

INVOCATION and pledge

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

Agenda update

Ms. Jennifer Barker, County Manager, relayed that an updated letter to the Florida Department of Agriculture and Consumer Services (FDACS) was attached to Tab 9, and that Tabs 27 and 28 were added as an addendum since the agenda was first published; however, she requested to pull Tab 28 at this time. She mentioned that regarding Tab 27, the counsel for the Bunker Gun Range was requesting to postpone the discussion for the temporary operational plan until a future BCC meeting, and that Ms. Tara Tedrow, an attorney representing the owner, was in attendance.

Commr. Smith thought that Ms. Tedrow should present her reasons.

tab 27: Bunker Gun Range Discussion

Ms. Tedrow related that when she was retained to help the client go through the process of obtaining a conditional use permit (CUP), she was anticipating having a revised concept plan available for the BCC meeting as well as a surface danger zone report, which would correspond with some of those plan updates; however, they did not receive it in time to review it fully. She commented that they would like to have one more week to prepare a complete package in order to submit a response to staff comments on the pending CUP and to present an interim conditions plan for potential consideration by the Board, which was going to be inclusive of more restrictive conditions than they had proposed in an earlier email to Ms. Melanie Marsh, County Attorney. She remarked that her client had stopped operating in compliance with the cease and desist order that was issued by the Board and would continue to not operate in the interim pending any approvals from the Board, and that there would not be any change that would cause concern for the neighbors.

Commr. Smith noted that he had received several cards from residents requesting to speak on this item, and opined that some of them had taken time from work to speak. He stated that if this item was tabled, those residents would still be allowed to speak at the current meeting.

Commr. Shields indicated that he was not in favor of tabling this item because there were residents who had attended the BCC meeting for it; however, he opined that it would be a good compromise to allow the residents to speak, and noted that the Board could not make a judgement on a CUP unless the data was available.

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved to table Tab 27 for the discussion and direction regarding the Bunker Gun Range, and consideration of an interim operation plan.

arpa update

Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, recalled that the American Rescue Plan Act (ARPA) funds could be used for overriding eligible uses, such as replacing lost public sector revenue, and that the annual revenue loss calculation for period three came to approximately $16.4 million, noting that there was one period remaining which would be calculated in July 2024. He explained that $44.5 million of the $71 million award was the maximum amount of funding available that could be allocated to projects under the revenue loss category, and that while many of the projects were complete or underway, this allowed additional flexibility with any remaining funds. He relayed that the bear-proof trash cans had not received sponsors or funding during the 2023 legislative session; however, the County had funds remaining from the solid waste collection project and could dedicate these funds to purchase the trash cans, noting that the total amount available was $378,926. He stated that regarding broadband, the Florida Department of Economic Opportunity (FDEO) recently awarded two large projects in Lake County to two internet providers, Charter Communications, LLC and Comcast Cable Communications, LLC, through the broadband opportunity program (BOP), noting that these awards totaled over $3.8 million and would lay over 400 miles of fiber optic cable with symmetrical upload and download speeds of one gigabyte (GB). He displayed an overlay map from the broadband study, and said that it included all unserved and underserved areas in the county as well as the BOP application areas. He commented that many of the identified locations fell within these two awarded project areas, and that it allowed the County to steer funds to other needs. He mentioned that there was a new request from the Office of Public Safety Support to construct a new communication tower to be located at Fire Station 110 south of the City of Clermont, and opined that this was necessary public safety infrastructure for the current and future growth in the south Lake County area with a total cost of $2.5 million, noting that this was one of two proposed communication towers, with the other being in the Wellness Way area. He relayed that the second request was from the City of Fruitland Park for the installation of a new water main line located between Cooke Street and Spring Lake Road, and that existing customers in the service area currently experienced low water pressure, diminished water quality, and availability issues; additionally, they were anticipating economic growth in the immediate vicinity of the project. He remarked that the request was between $1.25 million and $1.5 million, and that staff’s recommendation was to award $1 million. He showed a drawing of the proposed line, and said that the 16 inch main water line would connect two existing main lines and lie parallel to United States (U.S.) Highway 441/27 on the west. He noted that this project had been planned for 15 years; however, lack of funding had prevented the project from moving forward. He displayed a chart showing an up-to-date project list with the proposed changes, including the reduction of the broadband project line by $2.5 million and the reallocation of the funds to the south Lake County public safety communication tower, and noted that any remaining funds under broadband would help pay for the study produced by Magellan and other small projects. He pointed out that the $1 million award to the City of Fruitland Park for the water main line project was available on the city utilities project line, and that the bear-proof trash cans would be funded under the remaining solid waste collection funds. He stated that the requested action was approval to reallocate funds within the project list, as presented.

Commr. Parks relayed his understanding that they were proposing to take funding away from the broadband category to construct a new communication tower, and that the $1 million for the City of Fruitland Park was coming out of the public utilities category.

Mr. Beaudet indicated that this was correct, and elaborated that it was under the distributed sewer conversions and City /Town utilities line item, which was about $10 million.

Commr. Parks commented that he liked what the City of Fruitland Park was doing; however, he opined that the County should use the funding for septic to sewer conversion and distributed waste technology, which emphasized the protection of water resources from nutrient loading. He pointed out that the County had turned down a similar request from the City of Clermont in the previous year regarding funding for water wells. He opined that the request to construct a new communication tower was fine, and questioned if it had been a legislative request.

Ms. Barker clarified that this would be a second tower, and that the legislative request was for the Wellness Way tower. She elaborated that this communication tower was for Fire Station 110, which was south of the City of Clermont.

Commr. Shields agreed, and opined that the County should place water quality ahead of water pressure, noting that there were runoff and septic issues.

Commr. Blake inquired what the timeline was for these funds.

Ms. Barker answered that the County had to have the funding encumbered and contracted out by the end of the 2024 calendar year, and that it had to be 100 percent expended by the end of the 2026 calendar year.

Commr. Blake opined that because there was a dispute on one of the line items, the Board should table the request until there was a full Board because the reallocations were divided by north and south Lake County.

Commr. Parks opined that the $1 million requested by the City of Fruitland Park could fund distributed waste technology, which would benefit the whole County.

Commr. Blake remarked that there had been issues with the distributed waste process, and opined that it had been a very slow process, which was why he asked about the timeline for spending the funds.

Commr. Parks commented that Cities who needed help with their sewers could also take advantage of septic to sewer conversion funds in north and south Lake County.

Commr. Smith opined that if this item was tabled, the County could review how many people were actually taking advantage of the grant for the distributed waste system.

Commr. Shields opined that the lakes should be considered for the benefit of the county.

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved to table the ARPA request until the August 29, 2023 BCC meeting.

LEGISLATIVE UPDATE BY CHRIS CARMODY WITH GRAY-ROBINSON

Mr. Chris Carmody, with GrayRobinson PA, reported on the 2023 legislative session, and said that the local delegation included Senator Dennis Baxley, Representative Keith Truenow, Representative Taylor Yarkosky, and Representative Stan McClain, noting that it helped when the County Commissioners also engaged in the process. He mentioned that 1873 bills were filed in the current year, and that 365 bills passed. He then highlighted the following: Government and Corporate Activism House Bill (HB) 3, which addressed the perception that investment firms were driving ideology as opposed to elected officials, giving the governor and the cabinet more power over public funds, such as pensions; Immigration Senate Bill (SB) 1718, which required private businesses with more than 25 employees to go through the E-Verify system for prospective employees; Death Penalty Reform SB 450, which removed the unanimous jury requirement; Disney/Reedy Creek Improvement District, which was ongoing in litigation; Data Privacy/Big Tech, which affected companies with $1 billion or more revenue with 50 percent of their revenue from digital ads; Technology in K-12 Public Schools HB 379, which prohibited TikTok use on school campuses and Wi-Fi systems; Elimination of Enterprise Florida, Inc. (EFI) HB 5, transferring those duties and responsibilities to the Florida Department of Commerce, formerly the FDEO; Constitutional Carry HB 543, which changed having to apply for a permit before carrying a concealed weapon; Tort Reform HB 837, which reformed the bad faith framework; School Choice HB 1, which allowed funding to follow students; Parental Rights in Education Expansion HB 1069, which prohibited classroom instruction around sexual orientation through the 8th grade; Gender Related Issues, such as gender affirming care and bathroom use; Affordable Housing SB 102, which would invest $700 million for incentives and would restrict Counties and Cities from rejecting affordable housing projects; Local Ordinances SB 170, which allowed a business to challenge an ordinance that affected the business; and Wildlife Corridor SB 106, which appropriated $200 million to help fund the trail system to better connect the state for eco-tourism. He related that the budget was $116.5 billion, and that they had $8 to $10 billion in reserves. He showed a pie chart with the amounts of funding for the following categories: health and human services at $47.3 billion; education at $28 billion; and transportation, tourism, and economic development at $21 billion, which fully funded the road fund. He stated that some of the highlights included the following: the Casey DeSantis Cancer Research Program, which increased by $27.5 million and allowed clinics not based in Florida to use it, such as the Mayo Clinic; more funding for K-12 education, including teacher salary increases and fewer categories, giving school boards more flexibility on how funds were spent; more funding for roads, VISIT Florida, and housing programs; funding for grant programs for water projects and restorations as well as local government cybersecurity grants; a local government drone replacement grant program to help replace banned Chinese drones; and pay increases and retirement options for the Deferred Retirement Option Program (DROP) participants. He relayed that some budget issues with impact included the following: Florida Education Finance Program (FEFP) changes; the Moving Florida Forward increase; Visit Florida increase; Inmate Welfare Trust Fund, providing workforce training to inmates to help with recidivism; and increased funding for higher education and public education capital outlay (PECO) projects. He remarked that some tax cut highlights included the following: “back to school” sales tax holiday; gas stove sales tax exemption; “tool time” sales tax holiday; business rent tax reduction from 5.5 percent to 4.5 percent; and a permanent exemption through Taxation HB 7063 for baby and toddler products, diaper and incontinence products, oral hygiene products, firearm safety devices, and sales of taxable services by small private investigative services. He related that the local projects that were funded included the following: $2 million for the Lake County Agricultural Education and Expo Center; $400,000 for the Neighborhood Lakes Scenic Trail project; and $500,000 for the South Lake Trail Boardwalk replacement and multi-use trail improvement project. He said that there were some other bills that could affect the County, including the following: Building Construction HB 89/SB 512, which would not allow the government to make substantive changes after a permit was issued; Prohibited Applications on Government Issued Devices SB 258/HB 563, which restricted access to some unsafe platforms; Local Government Comprehensive Plans HB 359/SB 540, which would attach attorney fees to potential law suits affecting the County; Municipal Boundaries HB 653/SB 718, which required more studies and communication; and Financial Disclosures for Elected Local Officers HB 37/SB 774, requiring an annual Full Disclosure of Financial Interests, Form 6, to be filed with the Florida Commission on Ethics. He then listed several dates for upcoming legislative sessions and for the 2024 federal election, noting that there were three Floridians running for president.

Commr. Smith expressed appreciation for Mr. Carmody and Ms. Angie Langley, with GrayRobinson PA, for the work they did in the City of Tallahassee and for organizing meetings for visiting Commissioners who wanted to promote legislative priorities for Lake County, noting that they were able to obtain funding for several of them.

Commr. Shields commented that Lake County had previously planned where to develop commercial and industrial parks, and questioned if those plans were now unenforceable because of the Live Local Act.

Mr. Carmody replied that they were unenforceable to a certain extent, and said that they would understand more as the process developed. He stated that in those areas that were planned for the benefit of Lake County constituents, the County and City governments would have great difficulty stopping a project for height, density, or zoning from going forward; however, in pre-platted cities with only eight percent of their property in a commercial/industrial area, there were mixed use exceptions. He related that high density and zoning were not the only factors when the County was considering a project, and that the County could work with developers using impacts and other factors to ensure that the project would be an appropriate use. He opined that a developer could possibly build an affordable housing project in the middle of a major commercial/industrial sector or other inappropriate use area, which could result in the law being altered.

Commr. Parks relayed his understanding that there were some people who were working on a way to alter it, and opined that Lake County could encourage that process and express concerns locally.

Mr. Carmody remarked that in the first legislative session, laws could be approved, and that in the second session, there could be alterations to address issues. He opined that even though this was not a good bill for local governments, it was a good bill if it helped Florida with affordable housing. He also opined that all parties would be listened to and issues would be addressed to allow this bill to benefit the state as much as possible, and that if there were ways that this bill would not work, it should be communicated in the upcoming legislative session.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the minutes for the BCC meetings of May 16, 2023 (Special Meeting) and May 22, 2023 (Special Meeting) as presented.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

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

List of Warrants

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

Annual Comprehensive Financial Report for the City of Mount Dora

Notice is hereby provided of having received the Annual Comprehensive Financial Report (ACFR) for the City of Mount Dora for FY 2021-22.

City of Groveland’s Audited Financial Statements

Notice is hereby provided of having received the City of Groveland’s Audited Financial Statements for the year ending September 30, 2022.

Annexation and Supporting Ordinances from the City of Umatilla

Notice is hereby provided of having received Annexation Ordinance 2023-04, Small Scale Comprehensive Plan Amendment Ordinance 2023-05, and Rezoning Ordinance 2023-06 from the City of Umatilla.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Smith requested to pull Tab 3 to the regular agenda.

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 20, pulling Tab 3 to the regular agenda, as follows:

ADMINISTRATIVE SERVICES

Procurement Services

Recommend approval to declare items as surplus and authorize removing them from the County's fixed asset inventory of record. The fiscal impact (revenue) cannot be determined at this time.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Recommend approval:

1. Of Contracts 23-912A-C with Ceres Environmental Services, Inc. (Sarasota, FL), CTC Disaster Response, Inc. (Topeka, KS) and DRC Emergency Response, LLC (Metairie, LA) for emergency debris removal services throughout the County as needed; and

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

The fiscal impact (expenditure) cannot be determined at this time as costs are incurred only during an emergency event.

Planning and Zoning

Recommend approval to advertise an Ordinance repealing the minimum structure size and minimum widths of single-family dwelling units. There is no fiscal impact.

PUBLIC SERVICES AND INFRASTRUCTURE

Housing and Community Services

Recommend approval of a Sub-Recipient Agreement with the Yalaha Community Club for Community Development Block Grant (CDBG) Fiscal Year 2022-2023 to rehabilitate a non-functional playground and approval to pay vendor, Bliss Products and Services, Inc., directly, upon delivery and installation of the equipment.

The fiscal impact shall not exceed $50,000 (expenditure - 100 percent grant funded) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 3.

Parks and Trails

Recommend approval of a Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission for boating access projects at eleven boat ramps within Lake County, and authorization for the Chairman to execute the agreement. There is no fiscal impact.

Public Works

Recommend approval for the Chairman to submit a letter to the Florida Department of Agriculture and Consumer Services (DACS) recommending Brad Russ as the Mosquito and Aquatic Plant Program Manager.

Recommend approval to award the CR 48 Guardrail Replacement construction project (Contract No. 23-543) to Estep Construction, Inc. (Apopka) for $625,839.72.

The fiscal impact is $625,839.72 (expenditure), and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 3.

Recommend approval to award the CR 455/Ray Goodgame Parkway from Good Hearth Boulevard to Lost Lake Road construction project (Contract 23-527) to Ranger Construction Industries, Inc. (Winter Garden) for $2,368,320.

The fiscal impact is $2,368,320 (expenditure - $667,897 grant funded by FDOT, $1,700,423 South Transportation Road Impact Fees), and is within the Fiscal Year 2023 Budget. Commission District 2.

Recommend approval to award the CR 452 Intersection with CR 44 Traffic Signal construction project (Contract No. 23-531) to Traffic Control Devices, LLC (Altamonte Springs) for $394,500.

The fiscal impact is $394,500 (expenditure - 100 percent grant funded), and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission Districts 3 and 4.

Recommend approval:

1. To accept a Temporary Easement for the construction of a cul-de-sac within the plat of Sanctuary Phase 3A;

2. To authorize the Chairman to execute the Temporary Easement Agreement; and

3. To accept the Permanent Easement if the conditions of the conditions of the Temporary Easement are not satisfied within three years of execution.

Commission District 1.

Recommend adoption of Resolution 2023-85 to install stop signs and "all way" plaques on Sandy Lane at Pitch Drive in the Grand Island area.

The fiscal impact is estimated at $150 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 4.

Recommend adoption of Resolution 2023-86 to install stop signs and "all way" plaques on Greater Pines Boulevard at Loblolly Lane and on Greater Pines Boulevard at both intersections with Pine Cone Trail in the Clermont area.

The fiscal impact is estimated at $450 (expenditure- sign material) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 2.

Recommend approval to accept the final plat of Shoreline Ranch and all areas dedicated to the public as shown on the Shoreline Ranch final plat.

The fiscal impact is $1,551 (revenue - final plat application fee). Commission District 4.

Recommend approval to accept the final plat for Edgemont and all areas dedicated to the public as shown on the Edgemont final plat.

The estimated fiscal impact is $1,551 (revenue - final plat application fee) and an annual maintenance cost estimated at $15,714.25 (expenditure), which is within the Fiscal Year 2023 Budget and will be included in future years' budget requests. Commission District 1.

Transit Services

Recommend approval:

1. To apply to the Florida Commission for the Transportation Disadvantaged for the Shirley Conroy Rural Area Capital Assistance Grant for Fiscal Year 2024; and

2. To adopt supporting Resolution 2023-87; and

3. To accept and implement the grant, if awarded; and

4. To acquire vehicles through the Florida Department of Transportation's Transit Research Inspection Procurement Services (TRIPS) program; and

5. To acquire Spare Labs' software through an accessible, competitively bid contract with the University of Florida.

The estimated fiscal impact is $392,954 - $353,659 (revenue/expenditure - grant funded) and $39,295 (expenditure). If awarded, the fiscal impact will be included in the Fiscal Year 2024 Budget.

Recommend approval:

1. Of Contract 23-555 for General Planning Consulting Services with Kimley-Horn and Associates, Inc. (Raleigh, NC); and

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

The estimated annual fiscal impact is $400,000 (expenditure). Annual expenditures will not exceed available funding in the Fiscal Year budget.

Solid Waste

Recommend approval:

1. Of First Amendment to Contract 13-0303D with FCC Environmental Services for residential collection of solid waste and recyclable materials in collection Area 1; and

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

The fiscal impact is unable to be determined. Commission Districts 3 and 4.

Tab 3: Construction Management Associate Degree program

Commr. Smith opined that this was important information about education in the community and should be presented in the BCC meeting.

Dr. Heather Bigard, President of Lake-Sumter State College (LSSC), expressed appreciation for the opportunity to discuss one of their new programs, and noted that one of their priorities was to develop a workforce development strategy in Lake County by seeking opportunities to grow and make adjustments in their programs to ensure that they were best serving the needs of their workforce partners. She related that they were informed by local industry about construction and deficiencies in filling the demand for construction workers, and that according to the data, they found that there would be about 150 new openings between the current time and 2029 with the average earnings of over $78,000; however, they did not have a program for students to be enrolled to earn a credential and go to work. She commented that they worked with the local schools and found that there were 400 students graduating from the Lake County public schools in the construction academies, and that if they could capture even 25 percent of those students, they could help 100 of them into jobs right away. She remarked that they developed an associate of science program with 15 credits focused on construction and the remaining balance on general education, and that it was a two year program for a full time student, noting that they would offer those classes in the City of Clermont until the demand grew and they needed to move the opportunity for more students to take classes. She mentioned that imbedded within the program was an 18 credit Building Construction Specialist Certificate, which could provide students with another credential to take with them into the workforce. She stated that they would start this program in the spring of 2024 with 30 students and add 120 spots in the fall, pending approvals from the LSSC Board and the State Board of Education as well as accreditation approvals, and that they would eventually have about 200 to 250 openings each year. She asked for the support of the BCC with a grant request of $300,000 for funds to start the program, which would pay for the purchase of equipment and the hiring of a program director to help coordinate the new enrollment and approval processes, noting that once the program was in its third year, it should be self-sustaining with tuition and other state support resources.

Commr. Smith commented that he was excited about this program, and opined that it would be a big deal for Lake County.

Commr. Blake stated that Representative John Temple was in attendance.

Ms. Bigard relayed that Representative Temple was the new Associate Vice President of Workforce at LSSC, and that he was instrumental in the launch of this program as well as other programs, including wastewater treatment, utilities, and solar energy.

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved a Subrecipient Agreement with Lake Sumter State College (LSSC) for disbursement of American Rescue Plan Act (APRA) funds for the purpose of establishing a new Construction Management Associate in Science (A.S.) degree program.

citizen question and comment period

Ms. Alison Yurko, counsel for a Lake County property owner, commented that she understood that Tab 27 had been tabled, and that her party was willing to wait to discuss the issue of whether the Bunker Gun Range should be allowed to have an interim operation. She expressed concerns about legality, health, and safety issues, and relayed her understanding that this operation opened two years prior to their January 2023 submittal of a CUP application.

Ms. Marsh commented that the Planning and Zoning Board was scheduled to meet September 6, 2023; however, all cases for September had to be submitted by August 7, 2023. She remarked that if the applicant had not submitted comments by then, there would not be sufficient time for staff to review those and prepare a staff report, and that it would not be heard by the Planning and Zoning Board in September 2023 and would be delayed until October 4, 2023.

Ms. Yurko related that she and the counsel for the Bunker Gun Range were agreeable to September 5, 2023.

Ms. Marsh stated that September 5, 2023 would be a regular BCC meeting with a zoning agenda, and that this item could be heard after the zoning agenda; furthermore, she would need another motion and vote because the previous motion postponed it without a date certain.

Commr. Blake questioned if the cease and desist letter would be in effect until the September 5, 2023 BCC meeting, opining that there would be a large gap before it came back to the Board.

Ms. Marsh relayed her understanding that the cease and desist would stay in effect; however, that was anticipating a week delay. She inquired if there could be no operations until it came back to the Board on September 5, 2023.

Ms. Tedrow indicated that this was fine.

Commr. Blake asked when it would come back to the BCC after going before the Planning and Zoning Board.

Ms. Marsh replied that if it was heard by the Planning and Zoning Board in October 2023, then it could return to the BCC in November 2023.

On a motion by Commr. Blake, seconded by Commr. Parks and carried by a vote of 3-1, the Board approved to table Tab 27 until the September 5, 2023 BCC meeting for the discussion and direction regarding the Bunker Gun Range, and consideration of an interim operation plan.

Commr. Shields voted no.

Mr. C. Duane Small, a resident of Dwight Road, mentioned that he lived downrange from the Bunker Gun Range, and expressed concerns about lead going into their water.

Ms. Cindy Newton, a resident of Commission District 4, related that there was a Legislative Delegation meeting on August 22, 2023 in the City of Leesburg. She inquired where people could obtain testing for forever chemicals in the water, and asked if an update about recycling could be on a future agenda.

Commr. Parks relayed his understanding that there were no facilities in Lake County for perfluoroalkyl substances (PFAS) testing, and that there were not many places one could obtain testing because it was measured in parts per quadrillion, which was expensive, opining that this was an emerging issue.

Commr. Shields remarked that he had mentioned it at a regional planning meeting, noting that it had also been in the news. He relayed his understanding that it was regulated by federal guidelines, and opined that it was important to stay informed.

Commr. Parks indicated his understanding that forever chemicals were everywhere all the time, and opined that Cities and Counties should explore this issue and how to test it in the water supply; furthermore, he opined that it would be very expensive to remove out of the water.

Ms. Barker commented that the County would be sending out a survey to residents within the next week to determine where the County was lacking in educating residents about recyclables and what needed to be done, noting that there would be a composition study looking at recyclables in residents’ receptacles to determine what contamination was there and what the issues were. She stated that there was currently a contract going through legal review for that, and said that once the survey was finalized and sent out, she would ensure that Ms. Newton received a copy.

public hearing: resolution 2023-88 to vacate right of way

Mr. Fred Schneider, Assistant County Manager, relayed that the applicants for the vacation petition were the owners of the property, Mr. Arthur Berkoski and Ms. Helen Berkoski, and that the location of the property was south of Lake Harris in the Yalaha area in Commission District 3. He displayed a map of the location, and explained that the proposed vacation was located south of County Road (CR) 48 and Bloomfield Avenue; furthermore, they had received a letter of support from the adjacent property owner. He explained that the vacation area was from an unrecorded map of Bloomfield from 1931, and that the request from the property owner was to vacate any public interest to clear title. He said that staff recommended approval of the request, and that the applicant was in attendance.

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. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved Resolution 2023-88 to vacate a portion of unimproved right of way, lying south of CR 48 and west of Bloomfield Avenue. The closest municipality is the City of Leesburg.

public hearing: ordinance 2023-46 fertilizer use exemptions

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 THE FOLLOWING SECTIONS OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS: 6.13.03, ENTITLED GENERAL REQUIREMENTS, TO PROVIDE AN ADDITIONAL EXEMPTION FROM THE FERTILIZER REGULATIONS PURSUANT TO SECTION 403.9339, FLORIDA STATUTES; SECTION 6.13.05, ENTITLED LICENSING OF COMMERCIAL APPLICATIONS, TO CORRECT LEGAL REFERENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

Commr. Smith commented that this was mandated by the State of Florida, and opined that they had to do it.

Commr. Shields asked what would happen if it was voted down.

Ms. Marsh answered that if it was voted down and the code was not changed, then if the County was sued and lost, they would have to pay the other party’s attorney fees because the County’s laws conflicted with the state laws.

Commr. Parks inquired if this was a total moratorium on the regulation of fertilizer.

Ms. Marsh explained that this ordinance was changing the County’s language, and that a golf course following the State’s best management practices could not be regulated by the County.

Commr. Shields relayed his understanding that this was for golf courses and their fertilizer use abiding by state guidelines.

Commr. Parks opined that the County had not had any issues with this.

Commr. Blake recalled that when the Board went through this process, there was a special category for golf courses that was not part of the ban.

Commr. Parks relayed his understanding that this ordinance would change the County code to acknowledge the State’s statutory change.

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-46 amending Fertilizer Use Exemptions. This is a Legislative change required per House Bill 967 signed June 30, 2022.

public hearing: ordinance 2023-47 Term Limits and Ethics Training

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 2-72, LAKE COUNTY CODE, TO BE ENTITLED ETHICS TRAINING REQUIREMENTS FOR ADVISORY BOARD OR COMMITTEE MEMBERS; PROVIDING FOR AN ANNUAL ETHICS TRAINING; CREATING SECTION 2-74, LAKE COUNTY CODE, TO BE ENTITLED ADVISORY BOARD OR COMMITTEE TERM LIMITS; PROVIDING FOR A LIMITATION OF TWO TERMS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

Ms. Marsh clarified that this ordinance did not require term limits for the BCC, and that it was for advisory boards or advisory committee members, limiting them to two terms; however, it allowed the Board to override those term limits if there were no other qualified applicants or if there was a preference for the person that was currently serving. She explained that this ordinance would also require those advisory boards or committee members to complete four hours of ethics training each calendar year, which was a requirement for the BCC and other boards throughout the state.

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. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-47 establishing Term Limits and Ethics Training Requirements for Advisory Boards and Committee Members.

public hearing: ordinance 2023-48 regarding setbacks

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, APPENDIX E, LAND DEVELOPMENT REGULATIONS, SUBSECTION 3.02.05.I, TO ESTABLISH SETBACKS FOR CLAY OR DIRT ROADS; 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 explained that this ordinance would be fixing a gap in Lake County Code, and that it required a 15 foot setback from a clay road for fences, walls, and landscaping.

Commr. Smith relayed his understanding that it would follow the same process as paved roads, and Ms. Marsh indicated that this was correct.

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. Shields, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-48 amending Lake County Code, Appendix E, Section 3.02.05, Land Development Regulations, entitled Setbacks.

appointment to the Elder Affairs Coordinating Council

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved to reappoint Ms. Dara Treadwell to the At-Large seat on the Elder Affairs Coordinating Council to serve a term from January 31, 2023 to January 31, 2025.

appointments to the Homeless Mitigation Advisory Council

On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the following appointments to the Homeless Mitigation Advisory Council for members to serve two-year terms ending September 30, 2025, and applicable waivers: one County Commissioner, Commissioner Leslie Campione; one employee representing LifeStream Behavioral Center, Mr. B. E. Thompson; one member representing the Continuum of Care with jurisdiction in Lake County, Ms. Barbara Wheeler; and one at-large individual with experience providing assistance to the homeless population, Ms. Jessica Davis.

reports

county manager

more space for the supervisor of elections

Ms. Barker commented that the Lake County Supervisor of Elections had asked for temporary administrative and warehouse space, which was needed immediately, until the construction of a new facility or the renovation of the Sears building was complete. She relayed that the Supervisor of Elections had identified administrative space in the SouthState Bank area of the building they currently shared, and noted that the Supervisor of Elections had reached out to them for terms on acquiring 782 square feet of administrative space. She explained that there would be a minimum of a 24 month lease at $22 per square foot, which included electric, totaling $1,433 per month. She related that the Supervisor of Elections had also identified 3,800 square feet of available warehouse space in the City of Eustis area on CR 452. She commented that the owner would be responsible for any heating, ventilation and air conditioning (HVAC) and roof improvements needed as well as the maintenance of those items going forward, and that the lease amount would be about $4,000 per month. She mentioned that they had participated in an initial meeting with the firm that was offering the public/private partnership (P3) opportunity to fund the construction of a new facility, and that they would be meeting with the County’s financial advisors on the current day to discuss possibilities. She asked if there was consensus from the Board to move forward with the lease agreements for the administrative space and/or the warehouse space in the City of Eustis, noting that the Supervisor of Elections requested both.

Commr. Shields inquired what the term was on the warehouse space.

Mr. Bob Bridgeman, Assistant Supervisor of Elections, answered that it was about a two year lease.

Commr. Smith commented that this was about $12.70 per square foot, and he asked if the County was currently working on warehouse space at the Lake Square Mall, which was currently under a five year lease.

Ms. Barker replied that one of the options the Board had been presented with was to utilize the Sears building for warehouse space for the Supervisor of Elections, the Lake County Sheriff’s Office (LCSO), and Emergency Medical Services (EMS) logistics. She remarked that this would cost less than renovating it for the office space and security needs for the Supervisor of Elections, noting that the County currently had a lease for the Sears building.

Commr. Smith relayed his understanding that the lease for the warehouse space identified by the Supervisor of Elections was for two years, and that the lease for the Sears building was for five to ten years.

Ms. Barker related that the lease for the Sears building was for a minimum of five years; however, the landlord could provide an early exit from that five year minimum, which would cost 12 months of lease payments.

Commr. Parks stated that he preferred to keep moving forward with the renovation of the Sears building for storage for the LCSO and the Supervisor of Elections while the County explored the option of the P3 opportunity.

Mr. Bridgeman commented that the warehouse space identified was the old Crossroads Bar, which allowed them immediate space. He related that they were obtaining more equipment and supplies to prepare for the 2024 election, and that this space would help them in the immediate timeframe to store that equipment and supplies. He said that he did not know how long it would take to renovate the Sears building, and that this lease would allow them immediate relief.

Commr. Smith questioned if this warehouse space was already set up and had all the security required.

Mr. Bridgeman replied that they had some security equipment used for early voting sites that could be transferred to that building.

Commr. Smith asked if this security equipment could be transferred to the Sears building.

Mr. Bridgeman answered that this was possible; however, he opined that the Sears building was currently not usable, and that this warehouse space could be ready within 30 to 45 days.

Commr. Smith said that he was not in favor of this option.

Commr. Blake inquired how far from being used as warehouse space was the Sears building currently.

Mr. Schneider replied that it would be about six to eight months, and that once there was a decision, they could obtain a better estimate of the timeframe; however, a decision had not been made to move forward with the Sears building.

Ms. Barker explained that no work was being done currently at the Sears building. She relayed that the asbestos mitigation had been done, and that the ceiling tiles and flooring would need to be replaced along with adding walls.

Commr. Shields asked if the Board should discuss the Sears building on a future agenda.

Commr. Parks stated that he wanted to move forward with the Sears building.

Ms. Barker recalled that the P3 opportunity had taken priority over this decision, and that they were directed to investigate it. She mentioned that the warehouse space had been identified by the Supervisor of Elections as immediate space that could be used until a decision was made for the Sears building or the P3 opportunity.

Commr. Parks opined that even if the County decided to use the P3 opportunity, it would still probably be two years to build a new facility. He relayed his understanding that the County already had a lease for the Sears building, which could also be used by the LCSO for at least four to five years.

Commr. Blake relayed his understanding that exiting the lease early would cost about $2.5 million.

Ms. Barker clarified that it would cost 12 months’ worth of lease payments, which would be about $550,000, and that with the sunk costs from the construction manager and the architect, it would be about $1.5 million.

Commr. Blake relayed his understanding that it would be about $120,000 to lease the warehouse space for two years, and said that because there were sunk costs, he preferred to expedite the renovation of the Sears building, opining that the Supervisor of Elections had an important election year to prepare for and needed storage space as quickly as possible.

Ms. Barker stated that if there was consensus from the Board, the County could move forward with the renovation of the Sears building for warehouse space, and that she would find out from the construction manager how quickly it could be done.

Commr. Blake opined that since the County would still have to pay 12 months’ rent to exit the lease, it could be used for warehouse space during that time.

Commr. Shields pointed out that the Supervisor of Elections also needed administrative space in the adjacent office, and opined that the Board could authorize that.

Commr. Blake questioned what the 782 square feet of administrative space would be used for.

Mr. Bridgeman replied that this would be used for the executive offices and for expanding the vote by mail and ballot processing operations.

Commr. Blake opined that the Board could approve that portion, which was a separate issue.

Commr. Smith relayed his understanding that SouthState Bank was currently using this space, and that it could not be used for 24 months.

Ms. Barker explained that there were three or four empty offices that SouthState Bank was not utilizing, and that they were willing to sublease this space to the County.

Commr. Shields relayed his understanding that it would have to be subleased for two years.

Commr. Smith asked if the Supervisor of Elections could utilize the space gained from moving out the equipment for administrative space.

Mr. Bridgeman answered that they were obtaining new equipment, which increased their needs for more space.

Commr. Smith opined that if there was more warehouse space, they could move what was in the warehouse at their current location and renovate that space into offices, opining that there was no need for a new lease.

Commr. Shields opined that it would take about two years to do all that work.

Commr. Blake commented that the new lease would be about $34,000, and that he was in favor of deferring to the Constitutional Officer’s preference on that item.

Commr. Smith asked if there was consensus to move forward with the renovation of the Sears building.

Commr. Shields noted that there was consensus.

Ms. Marsh stated that regarding the administrative space, the County would need to negotiate a lease, and that it would be brought back to the Board at a future BCC meeting.

Commr. Parks noted that he was not in favor of the lease, but opined that it should come back to the Board for a vote.

Ms. Marsh relayed her understanding that there was consensus to negotiate a lease for the administrative space to bring back at a future BCC meeting for a final decision when there was a full Board.

Ms. Barker relayed that they would also move forward with the renovation of the Sears building.

Dr. Mary McLeod Bethune statue tile

Ms. Barker remarked that Ms. Nilda Comas, the sculptor of the Dr. Mary McLeod Bethune statue, was now doing a sculpture of a Seminole girl in the City of Fort Lauderdale, which would be on display in Washington D.C. in the Florida House. She mentioned that tiles were being sold to be placed at the platform of the statue, and that Mr. Ray Powers, with the Lake County Historical Society, requested that the Board invest $500 to sponsor a tile.

Commr. Blake opined that funding for the tile should be raised privately and not paid for with taxpayer funds.

Commr. Smith said that he agreed with Commissioner Blake.

Commr. Parks opined that it would be okay to fund a tile, and said that he would personally donate $100.

Commr. Shields and Commissioner Smith indicated that they would each like to donate $100.

commissioners reports

commissioner shields – vice chairman and district 1

Orange County recycling plant

Commr. Shields mentioned that at a regional meeting he attended, he learned that Orange County was building a recycling plant, and noted that they also had an issue of 40 percent contamination. He thought that Lake County could possibly use this new facility, opining that these facilities could pay for themselves if they had enough volume.

Groveland Community Redevelopment Agency meeting

Commr. Shields relayed that he had attended a Groveland Community Redevelopment Agency (CRA) meeting, noting that they passed their budget, which included electric car charging in the city.

Orlando Cat Café pet breathing apparatuses

Commr. Shields commented that he had visited the Orlando Cat Café in regards to emergency pet breathing apparatuses.

commissioner parks – district 2

Orlando Cat Café pet breathing apparatuses

Commr. Parks mentioned that the Orlando Cat Café was a café that also allowed interaction with cats available for adoption, and that they had dedicated apparatuses that saved pets’ lives to Lake County Fire Rescue.

pfas questions

Commr. Parks related that there were many questions about PFAS, and thought that it could be discussed at a future BCC meeting. He relayed his understanding that there would be some laws taking place regarding this issue, and opined that the Board needed to be informed.

Commr. Shields commented that this was one of the issues mentioned at the regional meeting, and opined that the Board should be aware of everything that was in the water supply.

recycling

Commr. Parks remarked that he would like more discussion on recycling, and noted that he had new data and different perspectives from haulers in the solid waste industry.

Pride in America Month events

Commr. Parks relayed that it was still Pride in America Month in Lake County, and that there was an event on the current day and a flag retirement ceremony in the previous week.

commissioner smith – chairman and district 3

lcso award and promotion celebration

Commr. Smith related that he attended the LCSO award and promotion celebration at the Venetian Center.

League of Cities meeting

Commr. Smith said that he attended a League of Cities meeting along with other staff members and Representative Yarkosky.

flag retirement ceremony

Commr. Smith commented that he attended the flag retirement ceremony.

National Hire a Veteran Day

Commr. Smith stated that it was National Hire a Veteran Day.

citrus display

Commr. Smith stated that the unveiling of the citrus display would occur in the rotunda on the current day, and that Mr. John Jackson, with the Citrus Label Tour, would be speaking about the history of citrus along with other guest speakers.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:43 a.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK