A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
August 8, 2023
The Lake County Board of County Commissioners met in regular session on Tuesday, August 8, 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; Leslie Campione; and Josh Blake. Commissioner not present: Sean Parks. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.
INVOCATION and pledge
Commr. Smith welcomed everyone to the Board of County Commissioners (BCC) meeting, and noted that there would be a Mt. Plymouth-Sorrento Community Redevelopment Area (CRA) Board meeting directly afterwards. He related that this meeting was being streamed on the County website, and that they were also broadcasting the meeting via Zoom for those members of the public who wished to provide input during the meeting but were unable to attend in person.
Pastor Brooks Braswell, with First Baptist Church of Umatilla, gave the Invocation and led the Pledge of Allegiance.
virtual meeting instructions
Mr. Levar Cooper, Director for the Office of Communications, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching 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, relayed that Tab 20 was added as an addendum since the agenda was first published, and that the Lake County Supervisor of Elections had requested that Tab 17 be moved up.
Minutes approval
On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved the minutes for the BCC meetings of May 23, 2023 (Regular Meeting) and June 6, 2023 (Regular Meeting), as presented.
citizen question and comment period
Mr. Michael Kennedy, a resident of Lake County, expressed his concerns about the Lake County Sheriff’s Office (LCSO) Work in Lieu of Arrest (WILA) program, and asked the BCC to become involved. He relayed his understanding that Lake County had the highest number of juvenile arrests in the State of Florida, and that the WILA program only allowed one opportunity for juveniles to do community service before starting an arrest record, opining that it could ultimately lead to felony charges. He opined that it was not fair for the students to start accumulating arrest records from trouble at school, such as fighting or pushing, and that this program should be reevaluated. He related that he, along with community leaders and business owners, were working to produce alternative programs, and he requested that the County and the LCSO work together to adjust the WILA program.
Mr. Banks Helfrich, a former Lake County Soil and Water Conservation District Chairperson and current candidate for State House of Representatives District 25, stated that as a sustainable farmer, his purpose was to teach sustainability to the community, and that once a month he opened up his farm to the public for a tour, noting that the next tour would be on August 12, 2023. He elaborated that the tour included information about the following: sustaining air with plants; sustaining water by rain collection; sustaining food by growing food year round; sustaining shelter by using passive solar heating and cooling in homes; sustaining community by bringing people together; and sustaining government by speaking out and influencing decisions.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Campione, 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 and 2, as follows:
List of Warrants
Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
City of Umatilla’s Annual Comprehensive Financial Report for Fiscal Year 2022
Notice is hereby provided of having received the City of Umatilla’s Annual Comprehensive Financial Report for Fiscal Year 2022.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 15, with the addition of 20, as follows:
COUNTY ATTORNEY
Recommend approval and
adoption of Resolution 2023-91 implementing the "Pending Legislation
Doctrine" to address the impact of Chapter 2023-17, Laws of Florida, known
as the Live Local Act. There is no fiscal impact.
Recommend approval to
advertise an Ordinance repealing and replacing Articles II through VII, Chapter
2, Lake County Code, to update and reorganize the Chapter and remove provisions
no longer in effect or applicable to the operations of the County. There is no
fiscal impact.
COUNTY MANAGER
Request approval of the
following 2024 Legislative Priorities as presented on July 11, 2023:
Golden Triangle Regional
Park – East Campus - Legislative funding request:
·
$500,000 for
construction costs related to the connection of the regional multi-use trail
system (North Lake Trail and Wekiva Trail). Improvements include but are not
limited to trail and major trailhead, recreational support facilities and
amenities. This is a public/private partnership project with the City of
Tavares and the YMCA.
East Lake Sports and
Community Complex- Legislative funding request:
·
$500,000 for
construction costs for phase one related to the connection to the regional
multi-use Wekiva trail system. Improvements include but are not limited to
trail, major trailhead, recreational support facilities and amenities.
Public Safety Radio Tower –
Wellness Way - Legislative Funding Request:
·
$1,000,000 to
construct the Tower
Workforce Training and
Continuing Education Center – Cagan Crossings Community Library - Legislative
Funding Request:
· $750,000 for Phase 1 design and construction
ADMINISTRATIVE SERVICES
Management and Budget
Recommend approval of seven Resolutions providing for certification of the non-ad valorem assessment rolls for the Greater Groves Municipal Service Benefit Unit (Resolution 2023-92), Greater Hills Municipal Service Benefit Unit (Resolution 2023-93), Greater Pines Municipal Service Benefit Unit (Resolution 2023-94), Picciola Island Subdivision (Resolution 2023-95), Sylvan Shores Subdivision (Resolution 2023-96), Valencia Terrace Subdivision (Resolution 2023-97), and Village Green Subdivision (Resolution 2023-98) for the fiscal year beginning October 1, 2023. The total amount to be collected for these MSBUs is $988,487.18.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Fire Rescue
Recommend approval of the
First Amendment to the Interlocal Agreement between Lake County, FL and Sumter
County, FL for 9-1-1 call processing for the Lake County sections of The
Villages Center Community Development District.
There is no fiscal impact. Commission Districts 1 and 5.
Public Safety Support
Recommend approval:
1. Of Contract 23-421B for
Communication tower inspections, troubleshooting, and repairs on an as-needed
basis to Clifton Tower Services, Inc. (Altoona, FL); and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $15,000 (expenditure), which is within and will not exceed the Fiscal Year 2023 Budget. Expenditures will not exceed available funding in future years' budgets.
PUBLIC SERVICES AND INFRASTRUCTURE
Housing and Community Services
Recommend approval:
1. Of Fiscal Year 2023-24
Community Development Block Grant (CDBG) Proposed Projects and Annual Action
Plan; and
2. To authorize the Office
of Housing & Community Services Director to execute and submit any
documents required by the U.S. Department of Housing and Urban Development
related to the Fiscal Year 2023-24 Annual Action Plan; and
3. Of corresponding
authorization Resolution 2023-99 that also adopts the 2023-2024 Annual Action
Plan for CBDG.
The fiscal impact is $1,528,031 for CDBG Projects and $668,478 for the HOME program (revenue/expense - 100 percent grant funded) and will be included in the Fiscal Year 2024 Budget.
Library Services
Recommend approval of an Amended and Restated Interlocal Agreement between Lake County and the City of Minneola for use of Library Impact Fees totaling $1,000,000 related to disbursements in fiscal years 2018, 2020, and 2021. There is no new fiscal impact resulting from this amended and restated agreement.
Probation
Recommend approval of the revised Juvenile Civil Citation Program Work In Lieu of Arrest (WILA) Memorandum of Agreement (MOA) with the Lake County Sheriff’s Office, Municipal Police Departments, State of Florida Fifth Circuit Court, Office of the State Attorney, Clerk of the Court and the Department of Juvenile Justice. The fiscal impact cannot be determined at this time.
Public Works
Recommend approval of a
Maintenance Improvement Agreement with PKY Clermont Land, LLC, 800 N Magnolia
Avenue, Suite 1625, Orlando FL 32803 to maintain landscaping, lighting and
sidewalks in the John’s Lake Landing development area.
There is no fiscal impact.
Commission District 2.
Recommend approval and execution of the partial release of drainage easement from property owned by Avalon Groves Community Development District (CDD). There is no fiscal impact. Commission District 1.
Recommend approval of a Purchase Agreement with Charlie C. S. Kang and Howard Y. Kang for the right of way needed for Phase A of the Wekiva Trail, Segment 2 project in the Mount Plymouth area and authorization for the Chairman to execute all necessary documentation.
The estimated fiscal impact is $85,000 plus closing costs (revenue/expenditure – 100 percent grant funded) and is within the Fiscal Year 2023 Budget. Commission District 4.
Transit Services
Recommend approval:
1. To delegate authority to
the County Manager to execute a Task Order for Contract 23-555 with Kimley-Horn
and Associates, Inc. (Raleigh, NC); and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The fiscal impact is
$227,795 (expenditure) and is within, and will not exceed, the Fiscal Year 2023
Budget.
Planning and Zoning
Recommend approval:
1) Of two new Associate
Planner positions for the Office of Planning and Zoning; and
2) To authorize the County
Manager to approve new positions for the Office of Planning and Zoning, as
needed, to address caseload management within the department.
The estimated fiscal impact is $130,504 (expenditure).
regular agenda
Discussion regarding the Supervisor of Elections Facility
Ms. Barker said that she would provide updates on the Supervisor of Elections facility, the proposed public/private partnership (P3), and the Florida Local Government Finance Program, noting that Senator Alan Hays, Lake County Supervisor of Elections, was in attendance and would like to speak. She recalled that in February 2022, the County purchased 13 acres at Lane Park Road to construct a new Supervisor of Elections facility; however, due to the estimated cost of construction, which was about $25 million, this project was put on hold in July 2022. She stated that in September 2022, the County approved a lease agreement with the Lake Square Mall for the former Sears building, which contained 68,450 square feet to be used for the Supervisor of Elections’ entire operation. She commented that the Board also approved the use of an architect and construction manager for design and construction of the required renovations, noting that the approved renovation budget was $3.5 million. She explained that the lease provided for the following: a monthly lease rate of about $44,000, which was an annual lease rate of $527,000; delayed lease payments until June 1, 2023 to perform renovations; an initial lease term of 10 years with two five-year renewals; a three percent annual rent increase; the right to terminate after the first five years with six months written notice and no penalty; and the landlord’s right to terminate with 12 months’ notice and reimbursement to the County for unamortized value of improvements not to exceed $4 million. She mentioned that in early 2023, the County was notified that the facility contained asbestos, which required remediation, and that the 50 percent design plans estimated that the project cost would be approximately $8.3 million, which substantially exceeded the original budget of $3.5 million; therefore, staff was directed to explore other options. She related that on June 13, 2023, staff presented seven options to the Board for consideration, and that the Board directed staff to bring back more information on three of the seven options. She remarked that on June 27, 2023, staff presented additional information regarding the following: purchasing the existing Supervisor of Elections facility; utilizing the Sears location for other County purposes; and proceeding with the construction of a new facility on Lane Park Road. She commented that the Supervisor of Elections advised the Board of opportunities to finance the construction of a new facility with a P3 company or with the Florida Local Government Finance Program from the Florida Association of Counties (FAC), and that staff was directed to bring back additional information on both options. She relayed that on August 1, 2023, staff was directed to move forward with renovations to the Sears facility for warehouse space to be utilized by the Supervisor of Elections, the LCSO, and Public Safety; furthermore, staff was directed to negotiate a lease agreement with SouthState Bank for additional administrative space for the Supervisor of Elections. She stated that staff had met with the P3 company and the County’s bond counsel and financial advisor, Mr. Jay Glover, and said that the results included the following: a minimal ground lease of County owned property to the P3 company; coordination of the construction project and securing of the financing by the P3 company; and a master lease of the facility back to the County for 30 years. She said that the benefits of this option would be less delays due to private procurement processes and no risk to the County for cost overruns; however, this option would result in a higher cost than County-secured financing through a traditional request for proposal (RFP) process. She mentioned that according to Mr. Glover’s scenarios of a traditional RFP process, the 20, 25, and 30 year financing of the $26 million construction cost would result in $1.5 to $2 million per year being paid back in debt service, depending on the term of the loan. She related that the Florida Local Government Finance Program was a pooled loan program established in 1991 by the FAC to provide local governments in the State of Florida a more cost-effective means of borrowing funds, and that the projects financed were typically capital improvement and infrastructure projects involving short-term and intermediate-term borrowing needs. She explained that this was typically a five year loan with more permanent financing at the end of the five years, and that the cost of issuance was $2,000 per million borrowed up to a maximum of $40,000.
Senator Hays displayed photographs showing the tabulation room at the current Supervisor of Elections facility, which was part of their administrative space, opining that it was crowded and that they needed more space. He expressed concerns about the crowded conditions of the warehouse, and recalled that in 2020 he had requested a 50,000 square foot building to house his complete operation, noting that there had been about 60,000 new voter registrations since 2016. He opined that this growth required his office to obtain more precinct voting equipment, acquire more personnel, process more paperwork, and secure more funding to conduct their operations in an orderly manner, which all required more space. He indicated concerns about inadequate administrative space, and opined that taxpayers deserved value for their funds. He said that according to an architectural firm hired to design the new facility, the estimated cost of construction would be about $25 million, which included the following: $3.5 million for the site work; $4.6 million for soft costs, such as furniture, fixtures, and fees; and $1.8 million for a contingency. He opined that according to a market analysis by the construction management firm, Charles Perry Partners, Inc. (CPPI), building costs were not decreasing because of the following issues: increased requests for services; supply chain issues; and labor shortages. He related that the commitments he made to the citizens of Lake County in January 2017 included the following: voter confidence; excellent customer service; accurate and efficient elections; and responsible financial stewardship, which he opined had saved the taxpayers about $3 million in the past six years. He opined that the best policy was to build the 50,000 square foot building on the Lane Park Road, and that only building a warehouse at this location would increase the cost of doing business and impair efficiency. He also opined that since consolidating their operations in 2018, productivity had increased and vehicle expenses had been reduced, noting that the consolidation of their operations had proven to be so beneficial that he could not endorse any long term separation again. He relayed that an option presented in June 2022 was to build the facility in stages, and that building the warehouse first and the administrative wing later was estimated to cost about $30 million; however, building the administrative wing first and the warehouse later was estimated to cost about $27 million. He commented that he would be open to the phased option if the administrative wing was built first; additionally, the current administrative spaces could be utilized as a temporary warehouse without any remodeling expenses. He opined that if the warehouse was built first, then there would be considerable costs in remodeling the current facility and service interruption during the remodeling of administrative spaces while being occupied. He expressed concerns about the County purchasing their current facility because they would not have complete occupancy of the building for several years due to the SouthState Bank lease and also because the building was not large enough to meet their needs. He mentioned that the former Sears building would only provide a temporary relief and require a significant expense, while those funds could be applied to building facilities owned by the County. He opined that the P3 program deserved a thorough analysis, and that the FAC financing program was also a viable option.
The Chairman opened the floor for public comment.
Mr. Vance Jochim, a concerned citizen, expressed concern about legitimate voters on the rolls, and commented that even though there was a growing number of registrations, the Supervisor of Elections had recently moved about 70,000 voters to inactive status. He indicated concern about the requests for temporary buildings and other requests from previous meetings, and opined that the County should have the Inspector General or an independent investigator review all the facts. He opined that the County should defer all decisions, except for granting temporary space needed for the next election, until after the 2024 elections, and that the voting machines should be removed in favor of paper ballots. He also opined that the County should take responsibility for the Supervisor of Elections’ accounting and for public information requests, and that these items were more difficult to procure and more costly under the Supervisor of Elections.
Ms. June Lang, a resident of the City of Eustis, remarked that she did not want more voting machines, and opined that they were not more cost or time efficient. She also opined that third party vendors were running the elections, and that the residents had no means to inspect, analyze, audit, or have any transparency. She expressed concern about the maintaining of the voter rolls, and opined that hand counting votes would give voters trust in the election system once more. She indicated that she was not in favor of spending millions of dollars for buildings that were not needed.
Mr. Rick Carlins, a resident of Lake County, opined that a large percentage of people did not have confidence in the election system, and expressed concern about not being able to track his vote. He opined that the County needed to have one day elections and paper ballots, and that the process should be simplified, reducing the opportunity for fraud. He also opined that residents could not maintain a free country if they could not track their votes, and that voting was the only peaceful means of changing the bureaucracy.
Mr. Patrick Reilly, a resident of the City of Leesburg, opined that the previous elections had obvious irregularities in many areas, including Lake County. He mentioned that he had been a poll worker for two years, and that after submitting a Freedom of Information Act (FOIA) request through the Supervisor of Elections office to establish the presence of some irregularities, he was terminated from the poll workers group. He opined that the Supervisor of Elections had not achieved his goal of secure, accurate, and accessible elections, and that at a time when families were struggling financially, the County should not give government employees more funding.
Commr. Smith summarized a written statement submitted by Ms. Sue Parent, a resident of Lake County, who could not attend, which indicated that she did not want the County to move forward with the funding of a new building. He commented that she had also sent emails to the BCC, and noted that this statement would be part of the official minutes.
There being no one else who wished to address the Board at the current time, the Chairman closed the floor for public comment.
Commr. Smith relayed his understanding that the former Sears building would help the Supervisor of Elections, the LCSO, and Emergency Medical Services (EMS) with warehouse space.
Commr. Campione expressed concern about the cost of leasing and renovating the Sears building which the County did not own, and pointed out that the owner of the current Supervisor of Elections facility was willing to sell the building to the County, opining that it would be a better move. She opined that the County should attempt to acquire additional administrative space from SouthState Bank, and that a warehouse should be built on the Lane Park Road property for the needs of the Supervisor of Elections and the LCSO. She related that the current facility could be sold back into the commercial market at a future time or repurposed for another County need, opining that it was a good price for that location and the least disruptive. She opined that it did not send the right message to build more administrative space for government employees with what the voters were going through economically, and stated that she would prefer to own the current facility as opposed to spending funds on the Sears building.
Commr. Blake commented that this would allow the County to use Infrastructure Sales Tax, which could not be used in renovating and leasing the Sears building, and noted that it could be liquidated if needs changed in the future. He opined that it would be better to have all their operations under one roof; however, this may not be a financially attainable situation.
Commr. Smith opined that the best fiduciary option was to purchase the current facility, and noted that the County still needed to provide temporary warehouse space for the Supervisor of Elections. He relayed his understanding that the direction of the Board was to cease the renovation of the Sears building and to negotiate out of the lease.
Commr. Campione remarked that this would be her position.
Commr. Blake commented that the distance from the current facility to the Lane Park Road property was about five miles, and that one benefit of that warehouse option was that it would reduce the distance by half from what it was under the former Supervisor of Elections who had warehouse space in the City of Mount Dora.
Commr. Campione inquired if the proposed warehouse space in the Grand Island area had been assessed regarding cost and security, opining that it was an odd location being farther away.
Senator Hays commented that there was a closer location in the shopping center with Tractor Supply Company, which was 22,000 square feet; however, they had requested a five year lease. He opined that the former Crossroads Bar in the Grand Island area would meet their immediate needs.
Commr. Campione relayed her understanding that the Supervisor of Elections would erect a chain link fence to protect the vehicles, which would allow them to move the vehicles out of the warehouse, opening up more space. She opined that the space in the Grand Island area did not make sense.
Senator Hays opined that they had to have it because they had 90 more ballot security carts to carry the electronic poll books and ballots for each precinct coming in September 2023, and that he needed the space.
Commr. Campione questioned if the Grand Island property could be made ready before then.
Senator Hays replied that they would do it as quickly as they could. He opined that there would need to be many modifications and much remodeling of their current facility, which would create noise and construction dust, making it difficult to conduct business; additionally, he opined that the air conditioning system would need to be redone because of the addition of new walls and rooms.
Commr. Campione inquired about the current conditions of the lease for the current property.
Senator Hays commented that it expired in June of the current year, and that it was renewed for five more years.
Commr. Campione asked how long after Senator Hays was elected that the building was leased.
Senator Hays answered that he took office on January 3, 2017, and that his office moved into the current facility in June 2018 with a five year lease.
Ms. Melanie Marsh, County Attorney, added that the County had started the first renewal in April 2023.
Commr. Smith relayed his understanding that the County had the right of first refusal on the current facility.
Ms. Marsh indicated that this was correct, and commented that the County was notified that the owner was going to place the property on the market.
Commr. Campione opined that the obstacles could be overcome, and that the County should purchase the building.
Commr. Smith related that he had visited the Grand Island property, and he showed pictures of the building.
Commr. Blake inquired what it would cost to make this building ready.
Ms. Barker replied that the County had not evaluated it.
Senator Hays relayed his understanding that the owner of the building would take care of that, including the roof and the heating, ventilation, and air conditioning (HVAC) system.
Commr. Smith questioned if the Supervisor of Elections would need any other modifications.
Senator Hays answered that there would need to be modifications; however, the owner of the building would do the modifications.
Commr. Smith relayed his understanding that the only responsibility of the Supervisor of Elections would be the security and the security cameras.
Commr. Blake asked if just the new carts would be stored in this building.
Senator Hays indicated that this was not correct, and said that for matters of security, he would not say what was going to be stored there; however, it was an essential part of their operation. He opined that the current facility could possibly be in violation of the fire code, and that because of the size of the carts, they did not have room for them. He also opined that they did not have adequate space even without the new carts, and that it would require an architect and other experts to know where the new walls would go and how the various areas were going to be expanded after the warehouse inventory was moved out. He opined that the County would incur large costs remodeling the current facility and impose a tremendous interruption on their operation. He related that Lake County had elections every year, including the elections for the City of Clermont on August 22, 2023, and opined that they could not stop their operations for six months for remodeling.
Commr. Campione relayed her understanding that Senator Hays did not want the County to purchase the current facility, and that he was asking the County to build 100 percent of the new facility on the Lane Park Road property.
Senator Hays opined that the most financially responsible option was to build the 50,000 square foot Lane Park Road facility; however, if the County was not going to do that, then it would be much better to build the administrative suites there first. He also opined that it would be very simple to turn the current facility into a warehouse, and that it would be the most economical way to do it.
Commr. Smith expressed concern about security at the Grand Island building, and he inquired how Senator Hays would keep it secure.
Senator Hays remarked that he would not answer that publicly, and said that security would be an issue at any location, noting that he would be open to a more secure location, such as the 22,000 square foot space in the shopping center.
Commr. Shields questioned why the County could not use the Sears building for warehouse space.
Commr. Campione replied that the cost was prohibitive.
Senator Hays added that the County did not have time to make the Sears building acceptable for them.
Commr. Smith mentioned that when the Board advised the staff to move forward with the Sears building, the County was under the impression that the owner was going to take care of the roof and the HVAC system; however, this had changed, which had changed the cost and the direction he thought the County should go.
Commr. Campione opined that a decision could not be made at the current meeting regarding the Crossroads Bar property because the Board would need to see conditions of the lease.
Senator Hays relayed his understanding that the Crossroads Bar property would be about $4,000 per month.
Ms. Barker added that it was a minimum two year lease.
Ms. Marsh asked if the owner was going to make renovations at his cost, and relayed her understanding that the cost would typically be included in the lease.
Commr. Campione commented that these were the details that would be necessary before a decision could be made.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved to terminate the contract for the former Sears building.
Commr. Blake opined that there had been many meetings, and that even when the cost was lower to build a new facility, he was not in favor of incurring more debt for the County. He opined that the funds should come out of the Infrastructure Sales Tax, which was cash every year, and that this was more fiscally responsible. He said that he had previously voted against leasing the Sears building because of concerns about funding the renovation of a building that was not the County’s asset, and that the current facility was not an ideal warehouse because it was road frontage, which had more value as administrative space. He commented that he preferred to build the warehouse space on the Lane Park Road property and keep the administrative office accessible to the public at the current facility. He expressed appreciation to the residents who came to speak on this item, and said that he was sympathetic to the positions expressed. He explained that the County was the budget arm of the Constitutional Offices, and that the voters elected the Constitutional Officers who set policy, noting that many of those policies could be mandates from the State Legislature.
Senator Hays remarked that every vote in Lake County had been on a paper ballot, and that they were retained for 22 months after every election.
Commr. Blake commented that there had been questions raised about the use of the electronic machines.
Senator Hays stated that he stood for the integrity of the office and the integrity of those machines, and opined that no one had ever proven that the hacking allegations were true.
Commr. Blake reiterated that he was sympathetic to those who wanted a pure ballot system that was counted by hand; however, he relayed his understanding that Senator Hays could not do that.
Commr. Smith opined that the purchase of the current building was the most fiduciary decision, and that the County could build a warehouse on the Lane Park Road property; however, the Supervisor of Elections was in need of a space for the equipment coming in soon.
Commr. Campione noted that there were lease payments for the current building, and that if the building was purchased, the County would save on those lease payments, opining that this was a smart fiscal decision.
Senator Hays commented that even though the cost of the current building was $4 million, the total cost was not known because of the cost of remodeling.
Commr. Blake requested that a very thorough inspection would be completed if the County was negotiating to purchase the current facility.
Ms. Marsh stated that the County had due diligence in all purchase agreements, and that they would do appraisals, inspections, and environmental reviews before a final decision was made on closing.
Commr. Smith relayed his understanding that the County would do due diligence, appraise the value, and bring it back to the Board for the final decision.
Ms. Marsh related that the County would have to have it appraised twice.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved to purchase the existing Supervisor of Elections facility.
Commr. Blake questioned what the total cost would be for the warehouse space in Crossroads Bar property, and he opined that $4,000 per year for two years was reasonable to store some things that there was not space for currently; however, if there were renovation costs, it could be more.
Senator Hays reiterated that the owner would pay for it.
Commr. Blake asked if he had an estimate of what it would cost, and Senator Hays indicated that he did not know.
Commr. Campione opined that it would be important to know what the owner considered sufficient to meet their purposes.
Senator Hays remarked that this had been discussed, and that the owner would meet his specifications.
Commr. Shields questioned if there could be a price ceiling in the motion.
Commr. Blake opined that the $4,000 for two years should be in writing, and that it should not exceed that.
Commr. Campione inquired if that would come back to the Board for approval, and Ms. Marsh indicated that it would. Commissioner Campione asked if the County would also review the warehouse space at the shopping center and find what the cost was, and noted that the County had other warehouse needs.
Ms. Barker indicated that they would evaluate it.
Commr. Smith suggested that these would be the only two properties to be considered.
Commr. Campione opined that another opportunity could present itself, and that the County should be open to other locations.
Senator Hays questioned if the Board could authorize staff to execute the lease on one of those options, noting that renovations would need to be started soon.
Ms. Marsh relayed that Florida law required the BCC to approve the leases, and that the following meeting would be on August 29, 2023, noting that the Board could also call a special meeting before then if necessary.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved to have staff evaluate the former Crossroads Bar property and the property in the shopping plaza near the Tractor Supply Company to bring back proposed lease documents with costs.
PRESENTATION ON FY 2024 INFRASTRUCTURE SALES TAX PROJECTS
Ms. Allison Teslia, Director for the Office of Management and Budget, said that she would present the proposed five year project plan for the Infrastructure Sales Tax. She explained that the extension of the Infrastructure Sales Tax was approved by voters in November 2015, and that the term of the levy was from January 2018 to December 2032. She commented that this was distributed evenly among the County, the Lake County School Board, and all the municipalities, and that the referendum included the following categories: public safety; quality of life; public works; and other public infrastructure. She relayed that the fiscal year (FY) 2024 revenue projections were about $24 million and included $3 million in carryforward from FY 2023, which came from revenues that came in higher than originally projected the previous year and unanticipated interest earned; additionally, they were projecting a 3.5 percent average increase each year starting in 2025. She related that some of the projects currently in progress that would be carried forward from 2023 included the following: fire stations and equipment; trails; library construction; sidewalks; intersection improvements; and road projects. She displayed a chart showing the total by category per year, and stated that the totals for the five year plan included the following: about $24.7 million for 2024, which included the $3 million in carryforward; about $23.9 million in 2025; about $24.7 million in 2026; about $25.5 million in 2027; and about $26.2 million in 2028, totaling about $125 million over the five years. She mentioned that some of the major public safety projects for FY 2024 included the following: about $2.6 million for fire apparatus, vehicles, and equipment; about $1.8 million for the LCSO vehicles and equipment; and about $1.5 million for station renovations. She commented that the total funding for the FY 2024 public safety projects was about $6.7 million, and that the five year total was about $31.8 million. She showed a chart of the quality of life projects, and noted that the major projects for FY 2024 included the following: $2 million for County libraries; $1.5 million for the South Lake Regional Park; $1.5 million for the Golden Triangle Regional Park; $1 million for the East Lake Sports and Community Complex; and $500,000 for the Fairground relocation. She related that over the five years there would be various improvements for different parks and trails, and that the quality of life total for FY 2024 was about $7.7 million, with a five year total of about $43.4 million. She displayed a chart with the major projects for public works, and said that the FY 2024 projects included the following: about $2.7 million for Florida Department of Transportation (FDOT) road improvement grant matches; about $1.4 million for road resurfacing improvements; and about $860,000 for intersection improvements. She stated that the total project costs for FY 2024 was about $6.6 million, and that the five year total was about $32.7 million. She remarked that some of the other infrastructure projects for FY 2024 included funding for capital building renovations, courthouse renovations, information technology (IT) enhancements, and fleet equipment, which totaled about $1.5 million, and that the five year total was about $6 million. She mentioned that the debt service in FY 2024 included loan payments for road resurfacing, the animal shelter, and public safety radios, noting that the total for FY 2024 was about $2.3 million with a five year total of about $11.4 million. She relayed that at the August 29, 2023 BCC meeting there would be a public hearing for the Infrastructure Sales Tax plan, and that there would be two budget public hearings in September 2023.
Commr. Shields inquired which public works projects could be paid for by road impact fees.
Ms. Barker replied that because roads, such as County Road (CR) 466A, increased capacity, the County could use impact fees for the grant match.
Commr. Shields asked if impact fees could be used for intersection improvements.
Ms. Barker explained that they could not use impact fees for intersection improvements or road resurfacing because those were just maintenance items and would not increase capacity.
Commr. Shields relayed his understanding that there would be $3 million that could be used if the County readdressed impact fees.
public hearing: ordinance 2023-50 minimum structure size
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; REPEALING AND AMENDING THE FOLLOWING SECTIONS OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS: REPEALING SECTION 3.02.09, ENTITLED MINIMUM STRUCTURE SIZE REQUIREMENTS; AMENDING SECTION 10.01.03, ENTITLED ACCESSORY DWELLING UNITS; AMENDING SECTION 3.01.02.A.1, ENTITLED RESIDENTIAL USES; REPEALING THE REQUIREMENT OF A MINIMUM WIDTH FOR SINGLE FAMILY DWELLING UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Blake commented that this would repeal the minimum square footage requirements that were instituted in the 1990s, and opined that this deregulation would allow people to be more creative with affordable housing and respond to the changing housing market by making it easier for the development of cottage homes and pocket neighborhoods.
Commr. Smith opined that it was a good thing for the whole county, and that it would better align with the County’s impact fee study.
Commr. Campione questioned if this would necessitate the impact fee study to be modified.
Ms. Marsh replied that it would not because the impact fee categories already showed 800 square feet or less homes, which could not be done with this in place.
The Chairman opened the public hearing.
Mr. Jochim asked if this included restrictions on accessory dwelling units (ADU), and relayed his understanding that one could construct a small cottage behind a home because there was no restriction on the size of the unit.
Commr. Blake indicated that this was correct, and said that an ADU had to be a certain percentage of the size of the primary structure, which would ensure that it would be significantly smaller than the primary structure.
Mr. Jochim inquired if an ADU could have a kitchen and plumbing.
Commr. Blake related that this ordinance would not change any of those requirements, and that there was already a deferred impact fee payment for those.
Mr. Jochim expressed concern about older trailer parks, and opined that a smaller home could be placed in there, such as a park model trailer.
Commr. Smith relayed his understanding that there were regulations for that.
Ms. Marsh explained that park model mobile homes were not considered single family dwellings, and that they were defined under the transportation code because they were mobile, noting that they would have to meet whatever mobile home requirements were in the code for that particular park.
Mr. Jochim remarked that the title could be retired on a mobile home, opining that it was then considered fixed property.
Commr. Campione commented that the County wanted to make it easier for creative solutions to housing, such as tiny homes.
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. Blake, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved Ordinance 2023-50 repealing the minimum structure size and minimum widths of single-family dwelling units.
appointments to the Women's Hall of Fame Selection Committee
Commr. Blake recalled that a couple of years prior, the Board had discussed phasing this out because of a conflict at that time; however, it had not been voted on. He opined that it should be phased out because of limited wall space for their pictures and because having a gender specific wall of fame could possibly become an issue.
Commr. Campione commented that she was skeptical about this subject, and opined that it would be prudent to discuss this with Ms. Catherine Hanson, a previous County Commissioner who initiated this program, and obtain her feedback. She also opined that the County should obtain feedback from the community.
Commr. Smith indicated that he was in favor of this course of action, and opined that outlooks changed as the County moved forward in society.
Commr. Campione opined that that Ms. Hanson could give the reasons this was brought up at that time, and said that she would not be opposed to a hall of fame that was gender neutral recognizing people for significant contributions to the community. She mentioned that there were other organizations that did recognitions and annual awards, and that the County could do proclamations and other types of recognition when warranted.
Commr. Smith inquired if this item should be tabled until more research was done, and said that he would also like to discuss this with Ms. Hanson.
Commr. Blake made a motion to table appointing members to the Women's Hall of Fame Selection Committee, but the motion died due to the lack of a second.
Commr. Shields opined that the Board should pass this item and then obtain feedback for the following year.
Commr. Campione indicated that she was in favor of this option.
Ms. Marsh stated that applications for the Women’s Hall of Fame continued to dwindle each year, and that there were only three applications for the current year and less participation in the program.
Commr. Shields commented that there was a new member of the Women’s Hall of Fame Selection Committee from his district on the list, and that he did not want to phase it out currently.
Commr. Smith asked if the Board wanted to move forward in the current year without obtaining feedback.
Commr. Blake suggested that the appointments be approved for the current year; however, the meeting schedule for them would be pending the additional information.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved to appoint members to the Women's Hall of Fame Selection Committee, as follows: Ms. Barbara Gaines for District 1; Ms. Mary Butts Kelly for District 2; Ms. Nan Cobb for District 3; Ms. Tracy Belton for District 4; and Ms. Jean M. Martin for District 5, but the meeting schedule for them would be pending additional information.
commissioners reports
commissioner shields – vice chairman and district 1
launch event for
LakeWorks
Commr. Shields mentioned that he served as a moderator in the roundtable discussion for a launch event for the LakeWorks collaboration between Lake-Sumter State College (LSSC) and Lake Technical College (Lake Tech). He commented that even though the two colleges could be competing against each other for students and funding, they had joined together to create a seamless transition for students seeking educational opportunities; additionally, they had also synchronized their calendars for enrollment purposes. He relayed that the County had granted space in the Cagan Crossings Community Library for college classes, and opined that LakeWorks would be transformative for Lake County.
Commr. Smith opined that Dr. Heather Bigard, Executive Vice President of LSSC, and Ms. DeAnna Thomas, Executive Director of Lake Tech, were doing a great job, and mentioned that these types of programs were being started in the high schools, making it easier to move into either a technical or collegiate path.
COMMISSIONER BLAKE – DISTRICT 5
legislative
funding request for LSSC
Commr. Blake remarked that he had been contacted by LSSC with concerns about the agenda item with a legislative funding request for the design and construction of the Workforce Training and Continuing Education Center at Cagan Crossings Community Library, and explained that this request was to obtain funding upfront instead of over four years.
comments about election processes
Commr. Blake clarified that while he supported residents who raised questions about election processes, he opined that there was not an issue with election integrity in Lake County.
Commr. Shields mentioned that he did not know if the County would have any authority to ask the Supervisor of Elections to switch to a one day, paper only election.
Commr. Campione stated that it was all dictated by Florida Statute.
Commr. Blake added that Senator Hays did not control that.
Commr. Shields related that one would have appeal to the State Legislature.
Commr. Campione opined that these restrictions also dictated purging the voter rolls and were very limiting.
commissioner smith – chairman and district 3
National Dollar Day
Commr. Smith related that it was National Dollar Day, commemorating the day the government established the monetary system.
National Happiness Happens Day
Commr. Smith said that it was also National Happiness Happens Day.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:48 a.m.
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kirby smith, chairman
ATTEST:
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GARY J COONEY, CLERK