A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
september 12, 2023
The Lake County Board of County Commissioners met in regular session on Tuesday, September 12, 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; and Leslie Campione. Commissioners not present: Sean Parks and Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.
INVOCATION and pledge
Commr. Smith welcomed everyone to the meeting and noted that it was being streamed on the County website; furthermore, they were also broadcasting the meeting via Zoom. He noted that Commissioner Parks and Commissioner Blake were unable to attend.
Chaplain Rick Spence, with Lake County Fire Rescue, spoke about 9/11 which had occurred about 22 years earlier, and he mentioned the acts of valor performed by firefighters. He said that thousands of firefighters had also assisted after the towers had collapsed, and that this spirit of firefighters lived on. He commented that acts of valor from individuals and crews took place almost on a daily basis in Lake County by the individuals who worked for public safety, and opined that they had some of the finest individuals in the county. He then gave the Invocation and led the Pledge of Allegiance.
virtual meeting instructions
Mr. Levar Cooper, Director for the Office of Communications, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching through the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.
Agenda update
Ms. Jennifer Barker, County Manager, said that an attachment had been added to Tab 26 since the agenda was first published, and that Tabs 27 and 28 were added as addendums to the consent agenda. She requested that Tab 24, which was the Lake County Water Authority (LCWA) budget presentation, be moved to the presentation category because it did not currently require a public hearing. She requested to pull Tab 3 to the September 26, 2023 Board of County Commissioners (BCC) agenda, noting that this was a proclamation for Lakeview Terrace and that the County would like them to receive this proclamation. She concluded that Commissioner Parks had requested to move Tab 14 to the September 26, 2023 BCC agenda, which was a request to advertise an ordinance amending the membership of the Lake County Parks, Recreation and Trails Advisory Board.
Commr. Campione asked if Commissioner Parks had realized that Tab 14 was just for advertisement.
Ms. Barker indicated that she had sent an email to notify him of this; however, she had not heard back.
Commr. Campione thought that the Board could honor his request from the standpoint that the ordinance would not be voted upon until he was in attendance. She said that advertising it allowed the Board to move it along.
Commr. Smith agreed, indicating that he did not see any reason why they could not approve to advertise. He added that if they did not have a full Board during that discussion, then it could be tabled at that time.
Minutes approval
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved the minutes for the BCC meetings of July 11, 2023 (Regular Meeting) and July 25, 2023 (Regular Meeting) as presented.
citizen question and comment period
Ms. Leigh Boreske, a resident of the City of Eustis, expressed concerns for the intersection of State Road (SR) 44, Orange Avenue and the bypass road in the City of Eustis. She relayed that the middle school students and the Cartwright Center children had to cross that road, and she opined that the issue had been exacerbated by a new community on the south side of Orange Avenue. She indicated concerns for the safety of children crossing the street, noting that there was not a crosswalk, nor was there a time when all of the lights were red; furthermore, she opined that something had to be done and that there needed to be a crosswalk.
Commr. Campione mentioned that there would still not be sidewalks, and she relayed her understanding that the City of Eustis had approved a project which had not yet been built; furthermore, the thought was that it would be on the northeast corner of the intersection and that this was when the sidewalks would be installed for that part. She commented that the Lake County Public Works Department had been in contact with the City of Eustis, and that they had tried to have this occur sooner rather than later; however, they thought that the developer would be building the sidewalk. She wished that the County could move this item up in priority from a safety standpoint and have a crosswalk and sidewalks for the intersection. She recalled that the County had improved the intersection a few years prior with flashers and speed limit signs; however, she opined that they also needed sidewalks.
Ms. Boreski expressed concerns for it having taken years, and she opined that something had to happen. She asked if the northeast side of the intersection was in the county.
Commr. Campione clarified that it was in the city. She opined that the County and the City should be able to work together and develop a solution for that segment.
Ms. Boreski relayed her understanding that school buses would not be approved, and she reiterated her concern for children trying to cross the street.
Commr. Smith relayed that he would meet with staff and visit the area to see what they could possibly do with the City of Eustis.
proclamation 2023-102 constitution week
On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 3-0, the Board approved Proclamation 2023-102 proclaiming September 17 through 23, 2023 as Constitution Week.
Commr. Smith read and presented Proclamation 2023-102 to Ms. Marcelaine Lewis, with the Daughters of the American Revolution (DAR).
Ms. Lewis thanked the BCC for their proclamation in support of Constitution Week. She provided information about her organization’s history, noting that members worked to promote historic preservation, education and patriotism. She commented that Lake County had six chapters of the DAR, and that the South Lake region was represented by the Tomoka chapter which was formed in 1951. She relayed that the designation of September 17 through 23 as Constitution Week began in 1955 with a draft resolution prepared by DAR members attending their annual national meeting, and that it was eventually signed into public law on August 2, 1956 by members of the United States (U.S.) Congress.
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 3-0, 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.
Country Greens Community Development District FY 2023/2024 Final Adopted Budget
Notice is hereby provided of having received the Country Greens Community Development District's final adopted budget for Fiscal Year 2023/2024, pursuant to Section 189.016 (4), Florida Statutes, for purposes of disclosure information.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Smith asked to pull Tab 17 to the regular agenda.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved the Consent Agenda, Tabs 5 through 16, pulling Tab 17 to the regular agenda, and with the addition of Tabs 27 and 28, as follows:
COUNTY ATTORNEY
Recommend approval for a waiver of conflict for Gray Robinson regarding its representation of adjacent property owners of The Bunker/Little Creek Farms, LLC. There is no fiscal impact.
ADMINISTRATIVE SERVICES
Management and Budget
Recommend approval to delegate signature authority to the County Manager on any future Contractor's Countries Of Concern Affidavit on behalf of Lake County. The affidavits are required under Section 287.138, Florida Statutes, when a governmental entity contracts with another party. Senate Bill 264 signed by Governor DeSantis on May 8, 2023. There is no fiscal impact.
Recommend approval:
1. To adopt Unanticipated Revenue Resolution (URR) 2023-109 amending the Fiscal Year 2023 General Fund budget by $23,750 for receipt of funds from Round Lake Charter School for School Resource Deputy services provided in the 2023-2024 school year; and
2. To increase the Fiscal Year 2023 transfer from the General Fund to the Lake County Sheriff by $23,750 for these services.
The total fiscal impact is $23,750 (revenue/expenditure).
Recommend approval:
1. To adopt Unanticipated Revenue Resolution (URR) 2023-110 amending the Fiscal Year 2023 General Fund Budget for the receipt of funds per the dispatch service agreement between the Lake County Sheriff and the City of Mount Dora; and
2. To increase the Fiscal Year 2023 transfer from the General Fund to the Lake County Sheriff by $136,387 for these services.
The fiscal impact is $136,387 (revenue/expenditure).
ECONOMIC GROWTH
Visit Lake
Recommend approval to provide Tourist Development Tax funding sponsorship of Timothy Frederick, Professional Angler, for fiscal years 2024, 2025 and 2026; and authorize the Chairman to execute the agreement with Timothy Frederick.
The fiscal impact is not to exceed $210,000 (expenditure – TDT funding), or $70,000 annually, over the next three years and will be included in future year's budgets.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Planning and Zoning
Recommend approval to advertise an Ordinance amending Sections 3.01.02.A, and 9.10.02, Lake County Code, Appendix E, Land Development Regulations, to repeal the roof pitch requirements for both single family homes and commercial development. There is no fiscal impact.
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Recommend approval:
1. Of Contract 23-430 with Honeywell International, Inc. (Charlotte, NC) to provide a building automation system for the County Administration Building; and
2. To authorize the Office of Procurement Services to execute all supporting documentation and all related expenditures within the confines of the fiscal year budget.
The estimated fiscal impact is $1,134,667 (expenditure - 100 percent grant funded) and is within, and will not exceed, the ARPA Project Budget for Building Ventilation Improvements. Commission District 3.
Housing and Community Services
Recommend adoption of Unanticipated Revenue Resolution (URR) 2023-111 adding $379,810 to the Section 8 Fund for the Housing and Urban Development Veterans Affairs Supportive Housing (HUD VASH) program for Fiscal Year 2023. The fiscal impact is $379,810 (revenue/expense-100 percent grant funded).
Library Services
Recommend approval and execution of an amendment to extend the interlocal agreements for one year between Lake County and the governing bodies of the Lake County Library System member libraries relating to the provision of library services.
The fiscal impact is $1,157,294 (expenditure) and will be included in the Fiscal Year 2024 Budget. All Commission Districts.
Parks and Water Resources
Recommend approval to advertise an Ordinance amending Article II, Chapter 16, Lake County Code, entitled Parks, Recreation and Trails Advisory Board, regarding membership. There is no fiscal impact.
Public Works
Recommend approval to accept public Right of Way and Easement Deeds that have been secured in conjunction with development, roadway, and stormwater projects.
The fiscal impact is $ 769.20 (expenditure – recording fees) and is within, and will not exceed, the Fiscal Year 2023 Budget.
Recommend approval of an Interlocal Agreement with the City of Mount Dora allowing the County to bid the City’s potable water and wastewater plans as part of the County’s roundabout project and to require the City to reimburse the County for construction costs related to new potable water and wastewater construction.
The estimated fiscal impact is $841,000 (revenue/expenditure) and will be included in the Fiscal Year 2024 Budget. Commission Districts 3 and 4.
HUMAN RESOURCES AND RISK MANAGEMENT
Recommend approval of the pay ranges for Fiscal Year 2024. The pay ranges begin at a minimum of $14.00 per hour.
Recommend approval:
1. Of the County's annual loss control insurance policies with Princeton and other insurance companies; and
2. Of Brown & Brown's annual fee for professional services; and
3. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $2,635,686 and is included in the Fiscal Year 2024 Budget.
Tab 17: automatic school traffic cameras in city of eustis
Ms. Barker explained that the City of Eustis had requested approval to install a speed detection system for automatic traffic enforcement safety device cameras at designated school zones.
Commr. Smith requested an explanation for this item.
Mr. Tom Carrino, Eustis City Manager, said that the State recently passed legislation which allowed speed zone enforcement or cameras in school zones, and that the City of Eustis Police Department was working with a partner in implementing this. He added that this was passed in the previous legislative session, and that the City was working with the State because they wanted to do this on SR 19. He relayed that the Eustis City Commission was excited about this and that they had unanimously authorized moving forward. He remarked that the City currently had a pilot program, and that the City Commission had indicated that they wanted this at every school zone in the city; therefore, they were working with the private provider to do the speed zone studies.
Commr. Smith indicated his understanding that if one was 10 miles per hour (MPH) over the speed limit, it would take a picture of their license plate and then the owner of the vehicle would receive a ticket. He expressed concerns for this, stating that many people had vehicles registered to their name but were not the actual drivers; furthermore, they could not identify who the driver was. He opined that this could cause issues for the vehicle owner to prove that they were not driving, relaying his understanding that it was a $100 fine and points on one’s license. He indicated that he would be amicable if the system only sent a warning, but not an actual citation because the driver could not be identified.
Mr. Carrino thought that 10 MPH or more over the speed limit was established in the legislation, and that one could not be issued a citation if they were traveling under this. He added that the legislation indicated that they had to cite the owner of the vehicle, but he relayed his understanding that the City was setting up a process where the owner could sign an affidavit indicating who was driving. He commented that the goal was not to cite people and use this as a revenue source; rather, it was to raise awareness and improve safety in school zones. He relayed that the City would have an outreach and awareness program, in addition to a period where they would only issue warnings. He indicated his understanding that this was something that did not result in points on one’s license if the citation was addressed.
Commr. Smith asked to confirm that they did not identify the driver at the time of the violation.
Mr. Carrino was unsure if the technology could identify the driver, and he thought that it was more about identifying the vehicle.
Captain John Fanning, Road Patrol Commander with the City of Eustis Police Department, indicated that he was in charge of implementing this project and working with the company Altumint. He clarified that the statute allowed one to apply for an affidavit through the State to identify the driver if they received a citation. He mentioned that this citation was only $100, and that the citation for traveling 11 MPH over the speed limit in Lake County was $305; additionally, it was $456 if one was traveling 20 MPH over the speed limit. He also clarified that this citation would not add any points to one’s license. He said that the $100 fine was in the statute, and that it was just a matter of the City taking the statute and implementing that process. He stated that the City’s significant concern was for resources and manpower, and he relayed that data showed that when there was not an officer present in the school zone, one out of every three vehicles was exceeding 11 MPH over the speed limit. He mentioned that if an individual was struck by a car at 20 MPH and below, they had a 90 percent chance of surviving; however, at 30 MPH this number dropped to 50 percent. He relayed that the City’s goal was to reduce the speeds of vehicles traveling through the school zone even if there was not an officer present, noting that they could not be there all the time.
Commr. Smith believed that this was a safety issue, though he reiterated his concern for the citation when the driver could not be identified at the time. He also reiterated that he would be amicable if they only issued warnings.
Captain Fanning said that they had hired a public relations (PR) firm which would provide information to the public and let them know that this was occurring; additionally, there was a 30 day window where the City was only going to issue warnings. He added that they would advertise this through their social media resources, and that they were doing everything they could to ensure that the public was fully aware that these cameras would only be in the school zones and that they were not recording any data except for the violators.
Commr. Campione inquired what the City’s contract with the company looked like for compensation.
Captain Fanning replied that the company took a percentage from the citation and that the statute dictated where this funding went; additionally, the City received a small percentage.
Commr. Campione asked if any of the school zones were on City roads.
Captain Fanning answered that the school zones with higher speed traffic were on SR 19 and Orange Avenue. He mentioned that according to a speed study they conducted, there were about 25,000 cars on Orange Avenue per day, and that there was much traffic during school hours. He reiterated that law enforcement could not always be there, and said that this could essentially be a force multiplier.
Commr. Campione mentioned that they could not do warnings because the contract was set up so that they had to collect revenue to fund the cameras.
Captain Fanning confirmed this and added that the program essentially paid for itself. He said that they were not overly concerned with revenue to the City, and that they were trying to implement it in their highest traffic areas so that they could analyze that data and see the effectiveness.
Commr. Shields relayed his understanding that the only alternative to this was more law enforcement or speed tables, noting that speed tables could cause issues for first responders. He thought that this was worth a try.
Commr. Smith reiterated his concern about issuing a citation to someone who may not have been driving the vehicle.
Captain Fanning reiterated that one had the ability to complete the affidavit and identify the driver, noting that the driver would be issued a citation.
Commr. Campione proposed possibly tabling this item to the September 26, 2023 BCC meeting due to not currently having a full Board; additionally, the Board could also ask questions and speak to constituents. She also relayed her understanding that this would be the first program in the county.
Captain Fanning added that this would be one of the first programs in the state, and he thought that the service and the safety for children spoke for itself.
Commr. Campione recalled that the Board had been reluctant on other types of cameras and that cameras had been installed which did not have approval from the County. She indicated that data collection was a large issue for the Board, and she opined that they needed a full Board to make a decision. She then relayed her understanding that it was only taking a photo of vehicles that had a speed which exceeded 10 MPH over the speed limit and that there was not any record of other vehicles.
Ms. Lorraine Johnson, with Altumint, clarified that it was written into the legislation that they could not use the cameras for remote surveillance of any type unless it was incidental, such as an accident occurring inside the school zone which the cameras happened to capture. She commented that they were only using the cameras for the requirements in the law; therefore, one had to be traveling 10 MPH or more over the speed limit for their license plate to be captured. She also indicated that it was written into the legislation that they could not capture the driver.
Commr. Campione relayed her understanding that there would be a recording.
Ms. Johnson confirmed this and added that when one received a citation, they could go online and see pictures of the vehicle, the license plate, and the speed at which they were going. She also indicated that this was where they could fill out the affidavit, and she mentioned that the cameras only turned on in the mornings; furthermore, they would not be on after school hours and were not capturing anything throughout the rest of the day. She said that they programmed times into the camera for them to turn on 30 minutes before the City indicated that school started. She commented that the hours the camera could be operating were written into the legislation.
Commr. Campione asked about capturing an accident.
Ms. Johnson explained that if someone was speeding and an accident was caused in that area, then their license plate might be captured. She added that this was different from red light cameras, noting that red light cameras recorded video that someone had to review and that it was subjective; however, the subject cameras were light detection and ranging (LIDAR) or radar depending on the volume of the roadway and how many lanes it was. She added that it was specific and that they were calibrated each morning, along with being taken down annually for third party calibration. She commented that the legislation addressed data retention and that the data could not be kept for longer than 90 days unless the person chose to attend a hearing; furthermore, the data had to be destroyed after the hearing.
The Chairman opened the floor for public comment.
Mr. Todd Drennan, a concerned citizen, thought that enforcing speeds in a school zone was admirable; however, he expressed concerns for the collection coming from a private company rather than the government. He opined that their interest was in making as much money as possible and that there was no recourse for this.
Mr. Vance Jochim, a concerned citizen, shared that London, England had recently put in rules related to using cameras to track license plates. He relayed his understanding that individuals were disabling the cameras and that it had caused concern in the city. He urged the Board to stay aware of this issue if it expanded.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
Commr. Shields asked if the City of Eustis was amicable with tabling this item until there was a full Board.
Mr. Carrino confirmed this and added that the City would work with the County and the State.
Commr. Smith reiterated that it was a safety factor, but that the only issue he had was that the driver could not be identified at the time.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board tabled this item to the September 26, 2023 BCC meeting.
presentation on 2024 legislative priorities
Ms. Niki Booth, Executive Office Manager for the County Manager’s Office, presented additional proposed 2024 legislative priorities. She recalled that at the July 11, 2023 BCC meeting, the Board approved four legislative priorities to be submitted to the Florida Legislature through the appropriations process, and that Commissioner Parks had discussed additional priorities that he would like to move forward. She listed the following four priorities that the Board had approved on July 11, 2023: the Golden Triangle Regional Park – East Campus for $500,000; the East Lake Sports and Community Complex for $500,000; a public safety radio tower in the Wellness Way area for $1 million; and the Workforce Training and Continuing Education Center at Cagan Crossings Community Library for $750,000. She said that Commissioner Parks had also discussed the following four additional proposed priorities: Florida Department of Environmental Protection (FDEP) to expand the wildlife corridor based on the County’s new maps; legislative funding to assist Lake County in procuring environmentally sensitive lands; legislative assistance in funding for alternative water supply; and a request for the Florida Legislature to leave home rule within the jurisdiction of each County. She commented that at their August 23, 2023 meeting the Lake County Water Authority (LCWA) Board approved a priority to design, permit, and create construction bid documents for a 10,000 square foot Aquatic Management and Water Lab located at the Hickory Point Recreation Park; furthermore, the building would support programming and analysis of all types of water samples, surface water and groundwater monitoring and management, stormwater and industrial wastewater programs, aquatic weed management, and other water related services, including education, which were provided by Lake County. She added that their request would be $500,000 for these related costs. She concluded that the requested action was approval of the LCWA legislative priority and the additional priorities as proposed by Commissioner Parks.
recess and reassembly
The Chairman called a recess at 9:47 a.m. for 10 minutes.
presentation on 2024 legislative priorities CONTINUED
The Chairman opened the floor for public comment.
Mr. Jochim opined that there was no list of alternatives or analysis for the LCWA priority for $500,000. He relayed his understanding that there was likely a match involved, and he opined that the County needed to adopt a better process for providing a neutral analysis of proposed projects such as this.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
Commr. Campione said that they were trying to consolidate and work with Cities to provide more services. She added that the Board was typically immersed in the details before items came before them from the standpoint of what the request was.
Commr. Smith agreed, and he explained that the LCWA was combining two separate buildings and areas of the County into one building within a single location. He then indicated that he was unsure of what amount the legislative funding would be for procuring environmentally sensitive lands.
Ms. Barker stated that this was a request that Commissioner Parks had provided, and that she could remove these items and only take into consideration the water lab on the current day. She added that these items could be brought back on September 26, 2023 to allow the Board to discuss them with Commissioner Parks.
Commr. Campione relayed that they could keep the request to ask the Florida Legislature to leave home rule within the jurisdiction of each County.
Commr. Shields indicated that the funding for the Cagan Crossings Community Library was to speed things up, noting that Lake-Sumter State College (LSSC) and Lake Technical College (Lake Tech) were going to be on the top floor.
Ms. Barker added that the County had the funding in their Infrastructure Sales Tax (IST) project plan, though it was spread over four years. She confirmed that this would request would speed up the completion.
Commr. Campione added that the County had already included what could be their match, and that they were asking for assistance so that they could make this occur sooner rather than later.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved the legislative priorities with the exception of the following items that Commissioner Parks had requested so that they could be addressed when he was present: Florida Department of Environmental Protection (FDEP) to expand the wildlife corridor based on the County’s new maps; legislative funding to assist Lake County in procuring environmentally sensitive lands; and legislative assistance in funding for alternative water supply.
public hearing: SOLID WASTE ASSESSMENT RESOLUTION 2023-112
Ms. Allison Teslia, Director for the Office of Management and Budget, presented the solid waste assessment public hearing. She relayed the following information: the solid waste assessment was used to fund the collection, management and disposal of residential solid waste in unincorporated Lake County; the assessment rates must be set annually and were included on the truth in millage (TRIM) notice; the assessment could not be used for countywide services such as the landfill, convenience centers or hazardous waste; the rates were based on the service level; and the estimated revenues were about $27 million for fiscal year (FY) 2024. She displayed the proposed solid waste assessment rates, noting that they were increasing to cover the new contract rates and consumer price index (CPI) increase for the haulers. She added that the proposed rates for FY 2024 were based on service level.
The Chairman opened the public hearing.
Mr. Chad Peck, General Manager for Hawthorne at Leesburg, opined that this was a large increase for the residents, and he relayed that many residents at Hawthorne were on fixed incomes. He asked the Board for consideration on the increase, noting that it was an over $200 increase in the fee, which was $16 or $17 per month. He added that for a once per week option, they would have to go to a vote of their community; however, it would only be $100 less.
Ms. Pamela Buchanan, a resident of Hawthorne at Leesburg, opined that her waste bill had always been reasonable, but said that there had been an over $200 difference in her bill for 2023 when compared to her bill for 2014. She added that this had been a 91 percent increase, and she expressed concerns for this, noting that her retirement community was on a limited income.
Ms. Laurice Taylor, a resident of The Villages, mentioned that she lived on a fixed income, and that she only had service once per week. She expressed concerns for the increase from $188 to $345, and she opined that the County had to be more reasonable.
Ms. Barker explained that the cost of everything had increased and that the County’s contracts had increased substantially. She mentioned that part of the issue was the cost of petroleum, and that the industry had a labor shortage following coronavirus disease 2019 (COVID-19). She added that when the County entered the contracts in the 2014-2015 timeframe the drivers were making $14 per hour; furthermore, haulers could not hire anyone following COVID-19 and were now up to $24 an hour as a starting rate to attract truck drivers. She indicated that haulers had issues ordering trucks and obtaining parts for trucks, as well as a long lead time for their parts and trucks. She stated that they had to increase the County’s contracts for these reasons.
Commr. Smith said that the Board had been thinking of ways to reduce this, noting that they had an upcoming workshop in fall 2023 to discuss more options.
Commr. Shields indicated that this would be the County’s second workshop on this issue.
Mr. Ernest Bergeron, a resident of Hawthorne at Leesburg, commented that his community had trash pickup twice per week. He asked why the County had not chosen to pick up once per week.
Ms. Barker said that this was a request from the communities in 2015 when the County entered into the contracts. She added that some of the homeowners associations (HOAs) had requested that they maintain twice per week pickup to keep the service level high for their communities.
Mr. Bergeron opined that this was something that should be addressed in the community.
Commr. Shields expressed concerns for the service and increasing the fees due to inflation and other items. He recalled that he had previously suggested the possibility of private haulers, noting that the County was between the constituents and the haulers. He questioned if the County could have the HOAs contract directly.
Commr. Smith clarified that the County did not charge any more than what they paid out.
Commr. Campione added that they were using it strictly to run the pickup system and to have a place for haulers to take it to. She commented that for the question of having uniform collection versus letting everyone else contract, they had seen issues in other places where there were disputes inside a neighborhood without an organized HOA. She added that it could become a public health issue and that there could littering and dumping if it was not done in a uniform method. She also indicated that other places around the State of Florida had the same costs as Lake County, and that going to one pickup per week could help reduce it for Hawthorne at Leesburg. She mentioned that the County had attempted to negotiate to reduce the pricing; however, the fuel costs were driving much of this.
Mr. Jochim said that he lived in unincorporated Lake County and that he received three trash runs per week in his neighborhood which included the regular run and the recycling run. He stated that it was two different trucks, but that sometimes the same truck picked up both. He added that the yard trash run was a separate day, and he relayed his understanding that some Cities had combined them and consolidated the trash and recycling runs because they were not receiving funding for the recycling. He asked to clarify this, and he questioned what was occurring with the recycling.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Ms. Barker replied that the County had reviewed this as one of their options at the solid waste workshop. She noted that the County had contracts with the haulers until 2030, but currently when they picked up the recycling, they paid for the disposal of the recycling; therefore, it was no longer the County’s cost. She added that the County paid for the disposal of any items received through regular trash or yard waste, and that if they eliminated the recycling in the current contracts, it would just raise the County’s disposal cost and would likely be neutral. She stated that once the County renegotiated the contracts, had new contracts, or came up with a new system, then this was something that they could consider; however, they would have to address the disposal cost of recycling in the current contract period themselves.
Commr. Campione relayed that people would include it in regular trash which would go on the County’s tipping fee and raise their overall disposal rates. She commented that there had been concerns from residents about recycling from the standpoint of if it was really being recycled or not. She said that this was up to the hauler because they wanted to make that money for recycling, though the market had changed what they had been able to sell. She mentioned that they also had issues with contamination because as a general rule people did not clean their recycling can, or they included items that they were not supposed to. She said that the County had discussed the possibility of having drop-off stations for recycling, though she heard from people who indicated that they did not want this added inconvenience as opposed to placing it curbside. She stated that the contracts currently worked in the County’s favor from the standpoint of the hauler having to absorb that cost and pick those items up.
Commr. Shields asked if some trucks had two different bins.
Ms. Barker confirmed that some trucks had a split with two bins for recycling and trash.
Commr. Campione added that when the truck was filled up, they had to drive to where it was dumped, and that on recycling days they may not be picking up as much because an individual may not have their can out; therefore, they were not making all of those trips to dump the trash. She commented that it would mean more trips back and forth if they started adding all of their recycling on a regular pickup day.
Ms. Barker said that the County had two trucks on order to ensure that they were providing the best quality service. She elaborated that if residents were missed, then the County could address this themselves; however, they did not think that the trucks would be received until around January 2024 due to the lead time.
Commr. Smith asked when the trucks were ordered.
Ms. Barker commented that they were ordered in May or June 2023, and that they were expected in late December 2023 or early January 2024.
Commr. Campione said that the Board wished that they could make it cost less, and that she could not imagine an HOA having better buying power than the County. She added that the County was locked into those contracts and that the hauler would have to agree to release those neighborhoods.
Ms. Melanie Marsh, County Attorney, recalled that there was language in the statute that if the County were to terminate those contracts early, then they would have to pay a large penalty to the haulers.
Commr. Shields relayed his understanding that the County was having issues receiving bids.
Ms. Barker confirmed this and stated that they were trying to receive some bids for the northeast part of the county, and that they had sent it to seven or eight haulers; however, only one company had bid. She commented that the main issue was procuring trucks and hiring staff to address the service area.
Commr. Smith said that the County was still looking into this and trying their best to reduce the costs as much as they could; additionally, they would pass any savings they found onto the county citizens.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved Resolution 2023-112 for Solid Waste Assessment for the fiscal year beginning October 1, 2023, and the rates of assessment and the assessment roll.
public hearing: FIRE ASSESSMENT RESOLUTION 2023-113
Ms. Teslia presented the fire assessment public hearing. She explained that the fire assessment was used to fund fire protection services and could not be used for advanced life support (ALS) services. She added that the assessment rates were calculated based on the following: call data and the distribution of incidents; the allocation of resources and the budget; and the proportionate share of each land use. She added that the estimated revenue for FY 2024 was about $28 million, and she displayed a breakdown of the most recent fire assessment study which had been presented in May 2023. She commented that staff was recommending to increase the fire assessment based on the recent study since no changes were made for FY 2023, and she also noted that they were not anticipating any changes for the municipal service taxing unit (MSTU) rates.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 2-1, the Board approved Resolution 2023-118 for Fire Assessments for the fiscal year beginning October 1, 2023, and the rates of assessment and the assessment roll.
Commr. Smith voted no.
public hearing: LOCAL PROVIDER PARTICIPATION FUND RESOLUTION
Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, presented the public hearing for the local provider participation fund special assessment. He explained that in January 2022 the Board adopted Ordinance 2022-2 creating Chapter 13, Article IV, entitled Local Provider Participation Fund, and that this ordinance created a voluntary, non-ad valorem special assessment on private hospitals within the county, also referred to as a provider tax. He added that the assessments were then used as matching funds to access federal funding to help recoup lost expenses of treating Medicaid, indigent, and uninsured patients. He commented that federal requirements were that the provider tax rate must be broad based, uniform, and below six percent of net patient revenue. He mentioned that the four participating healthcare facilities included AdventHealth Waterman, LifeStream Behavioral Center Hospital, Orlando Health South Lake Hospital, and Leesburg Regional Medical Center; furthermore, the proposed rate was 0.81 percent, which collected over $38 million. He added that remittance was due to the Florida Agency for Health Care Administration by December 31, 2023.
The Chairman opened the public hearing.
Mr. Charles Luband, an individual representing the hospitals, thanked the Board for their support.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved Resolution 2023-114 for the Local Provider Participation Fund (LPPF) Assessments for the fiscal year beginning October 1, 2023, and the rates of assessment and the assessment roll.
public hearing: MSBU FOR INTERNAL SUBDIVISION ROAD MAINTENANCE
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; ESTABLISHING MUNICIPAL SERVICES BENEFIT UNIT (MSBU) FOR INTERNAL SUBDIVISION ROAD MAINTENANCE; PROVIDING THE BOARD OF COUNTY COMMISSIONERS WITH THE AUTHORITY TO LEVY AND COLLECT SPECIAL ASSESSMENTS AND SERVICE CHARGES WITHIN THE MSBU; AMENDING SECTION 20-1, LAKE COUNTY CODE, TO ADOPT THIS ORDINANCE BY REFERENCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
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. Campione and carried unanimously by a vote of 3-0, the Board approved the following items: Ordinance 2023-59 establishing a Municipal Services Benefit Unit (MSBU) for Internal Subdivision Road Maintenance; Resolution of Intent 2023-115 to use the Uniform Method of Collection for the MSBU for Internal Subdivision Road Maintenance; and Interlocal Agreements with the Tax Collector and Property Appraiser.
public hearing: FY 24-28 TRANSPORTATION CONSTRUCTION PROGRAM
Mr. Jeff Earhart, Engineering Manager for the Public Works Department, presented the transportation construction program. He listed the following funding sources: legislative appropriations; road impact fees; funding partners; IST; General Fund; and the County Transportation Trust. He commented that they collected many of their funds through impact fees, noting that their total balance was about $31 million; additionally, they were looking to collect slightly less than $7 million in FY 2024. He added that the south district had about $23 million, and would be collecting roughly $5 million in FY 2024. He said that the County was looking to spend about $43 million in FY 2024, and that they had recently completed the County Road (CR) 437 reconstruction project, which was a full depth reclamation project; furthermore, they had addressed about three miles for $2 million to add shoulders to the roadway. He then mentioned that the County was looking to complete the final segment of CR 466A with approximately $13 million allocated through a variety of sources. He said that the County was acquiring right of way for the CR 437 bypass project and that they had about $3.75 million budgeted, which was equally distributed between the Florida Department of Transportation (FDOT), impact fees and IST, estimating around $8 million for construction which was currently unfunded. He added that they were also acquiring right of way for Round Lake Road north and south of Wolf Branch Road, noting that they had about $13 million budgeted in FY 2024 and FY 2026 with $6.5 million from the County and FDOT; additionally, he added that this was unfunded for construction, that to construct the new lanes north of Wolf Branch Road would be about $38 million, and that having four lanes from the county line up to CR 44 would cost approximately $85 million. He said that the County was looking to construct the Eudora Road roundabout in the City of Mount Dora area, and that they had slightly less than $5 million allocated from FDOT, impact fees and IST, noting that they were looking to have construction start in spring 2024. He stated that the County was still looking to do the Hooks Street construction projects, though there were right of way issues they had to address with some of the property owners; furthermore, they had $6 million allocated for construction, noting that this was another FDOT partnership. He commented that Citrus Grove Road phase one was complete, that phase two was currently being designed, that they had an $8 million state legislation apportionment as well as a $1 million federal legislation apportionment, and that they were looking to have this bid out in 2024; additionally, phases three and four were already complete, and phase five included the bridge over Florida’s Turnpike for Fosgate Road at about a cost of $5 million that Florida’s Turnpike was investing, noting that the County had budgeted $8 million to construct the rest of Fosgate Road. He mentioned that Schofield Road in the Wellness Way area was recently completed by impact fees and CEMEX with a total cost of $12 million, noting that it extended from U.S. Highway 27 to Five Mile Road and that they were expecting to reach the Lake/Orange County line by the end of 2024. He displayed videos of Schofield Road and Wellness Way, and he displayed a map of Wellness Way. He indicated that they had $2 million allocated for the construction of a traffic signal, as well as around $1.2 million for lighting from U.S. Highway 27 to Five Mile Road and Wellness Way; additionally, the County was looking at increasing this section to four lanes and adding landscaping from U.S. Highway 27 to Hancock Road. He added that they had about $1.5 million budgeted to start the beautification and widening project, and that they were looking at around another $9 million to extend the road from Five Mile Road up to Hartwood Marsh Road. He said that the widening of Hartwood Marsh Road was budgeted in FY 2027, and that they had about $13 million budgeted with around $6 million from FDOT and $6 million from impact fees. He announced all $10 million for road resurfacing in the loan had been used, and that the County had spent closer to $20 million over the past four years for over 120 miles. He indicated that in the next fiscal year they were looking to spend around $5 million on resurfacing with about $1.3 million from IST and approximately $3.6 million from the General Fund. He explained that these funds were used for sidewalks, traffic signals, widening, new lanes and new corridors. He also relayed that they would be budgeting a total of around $140 million over the following five years.
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. Shields relayed his understanding that there was new connectivity from U.S. Highway 27 to Orange County.
Mr. Earhart confirmed that Schofield Road from U.S. Highway 27 was complete to the county line and that the County would officially accept it in December 2023.
Commr. Smith said that he was glad to see that the County was investing a significant amount of funding into their road network, and that they would continue to do this over the next five to seven years.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved the Fiscal Year 2024-2028 Transportation Construction Program. The program is funded through Road Impact Fees, Federal/State Grants, Sales Tax Capital Projects - Public Works/Roads, and County Transportation Trust Funds.
TENTATIVE fy 2024 LCWA MILLAGE RATES AND BUDGET
Ms. Marie Baldomero, Financial Coordinator for the Lake County Water Authority, said that the purpose of this presentation was to present the proposed millage and the change from the rollback millage rate, as well as the tentative budget for FY 2024. She explained that by the State’s definition, the rollback millage rate was a rate that when applied to the following year’s tax base, excluding new construction, would generate the same revenue as was raised in the previous year. She displayed the certified property values for 2022 which were certified as of October 1, 2022, along with the certified property values for 2023, which were certified by the Lake County Property Appraiser as of July 1, 2023. She added that the certified values reflected an overall increase of approximately $4.5 billion with around $1.3 billion in new construction, which equated to around an additional $430,000 in ad valorem revenue and 4.56 percent of the total increase. She relayed that the proposed FY 2024 LCWA millage was 0.3083 mills, which was equal to the FY 2023 rate with an increase of 9.17 percent from the rollback rate, which would be 0.2824 mills. She relayed the following information about the FY 2024 tentative budget: fully funded LCWA operations; funded the management services agreement with Lake County; funded $4 million for the Lake Yale alum project; funded the operation of the Nutrient Reduction Facility (NuRF); funded $2 million in stormwater grants; and funded four marine patrols for the Lake County Sheriff’s Office (LCSO) and two marine patrols for the City of Clermont. She requested approval of the LCWA’s tentative millage rate of 0.3083 mills for FY 2024, and the FY 2024 tentative budget totaling $30,405,287.
Commr. Campione asked if the millage rate was the same as the previous year, and Ms. Baldomero confirmed this.
Ms. Barker commented that this was just setting the tentative rate, and that the Board would have an additional presentation on September 26, 2023 where they would approve the final rate.
Commr. Shields said that if the Board reduced the millage rate at the current time, then they could not increase it later.
Ms. Barker stated that this was correct. She added that this was a status quo millage for the LCWA; however, the Board had directed the LCWA to reduce it in the previous year, which she believed was about a $500,000 reduction in revenue. She added that the Board needed to approve the tentative budget on the current day, and that there could be some additional changes; additionally, the final budget would also come back on September 26, 2023.
Commr. Smith requested the backup material that went with this and the projects which would be funded.
Ms. Barker commented that staff could provide this information.
Commr. Campione added that this breakdown would show personnel costs, costs related to park maintenance, and different categories of expenses including the significant projects.
Ms. Barker recalled that this was shown in the July 2023 summary, similar to how the Board saw departmental budgets for the County. She added that staff could provide more detail, such as a few items included in each category.
Ms. Baldomero added that she could provide the Board with a list of significant projects.
Commr. Smith hoped that they could reduce the millage rate once they had additional information.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved the following items: the Fiscal Year 2024 tentative millage rate for the Lake County Water Authority of 0.3083 mills; the Fiscal Year 2024 Tentative Budget for the Lake County Water Authority totaling $30,405,287; and to announce that the final public hearing to adopt the Fiscal Year 2024 Budget and millage rates will be held September 26, 2023, in the County Commission Chambers at the Lake County Administration Building, 315 West Main Street, Tavares, Florida.
regular agenda
RESOLUTION IN SUPPORT OF PACE STATUTE POLICY
Ms. Marsh explained that there was a program in the State of Florida called the Florida Property Assessed Clean Energy (PACE) program. She added that it was statutory under Section 163.08, Florida Statutes, and that it allowed for Counties to come together and create a separate entity that would offer funding to residents for energy improvements to their homes. She mentioned that the program had been controversial across the state, and that in 2016 and 2017 Lake County had received inquiries from PACE providers who wanted authorization to operate in Lake County; furthermore, at that time the BCC had denied them the ability to do this. She said that since then, there had been some litigation in Leon County over a bond validation, and the judge there had apparently issued a ruling which PACE providers had taken and determined that they could operate without any local government approval throughout the State of Florida. She mentioned that there had been several lawsuits filed by some Counties and Tax Collectors because the Tax Collectors were being told by the PACE providers that they had to include these assessments on the tax bills. She commented that St. Lucie County and Palm Beach County were looking for the Florida Association of Counties (FAC) to do a policy proposal seeking a legislative amendment to the statutes to make it clear that PACE providers could not operate in a local jurisdiction without the jurisdiction’s approval. She explained that FAC was seeking a resolution in support of a proposal which would seek for the Florida Legislature to clarify how much authority PACE providers had.
Mr. David Jordan, Lake County Tax Collector, opined that the issue was putting this on a tax bill, noting that it could end up at the Clerk of the Circuit Court and Comptroller’s Office as property conveyed by a tax deed. He indicated that special districts could contract with private firms to carry out their business, and that there were few employees in these government entities. He opined that they were inexperienced in what local government must operate under, and he said that he could not remember when taxpayers voluntarily asked for an assessment. He mentioned that it was similar to a loan, and that it was a tax free bond to be lent to taxpayers who then had an agreement with a governmental entity indicating that they wanted to utilize Section 197.3632, Florida Statutes, and request the Tax Collector to include this on the tax bill under an assessment. He opined that this was working fine for Tax Collectors when the government entity had a resolution and an agreement by a local government entity within the bounds of the political subdivision of the county. He commented that the government entity with these loans/assessments had changed positions to say that they were now a statewide local government entity. He opined that this was unusual, and he clarified that he believed in personal responsibility if a taxpayer wanted to engage in something like this and if it was legal and allowable. He relayed that he was preparing a document to be sent out to all property owners so that they understood the PACE situation and to suggest scrutiny and due diligence. He concluded that the Tax Collectors Association was going to try and work to make some adjustments legislatively, hopefully in concert with FAC.
Commr. Smith said that he did not like this issue, and he expressed appreciation for Mr. Jordan’s expertise in this area, as well for the letter to try to educate citizens of Lake County about what could occur. He expressed concerns for the ramifications once someone signed up but could not fulfill their obligation.
Commr. Campione indicated concerns for the PACE program, and she noted that FAC was trying to have legislation adopted which would make it county-by-county. She also opined that the County should have the option of looking out for residents and exposing what they opined were the shortfalls of this program and how it could affect homeowners.
Mr. Jordan clarified that the Tax Collectors Association’s intention was not to abolish PACE.
The Chairman opened the floor for public comment.
Mr. Jochim recalled that he had spoken out against PACE in 2017, and he opined that it was predatory and should be eliminated. He suggested to ask someone to clarify the law, opining that the Board should take a stronger stand and ask the State to eliminate the program. He opined that the program was a way to get around credit controls, and he mentioned that he had an article about PACE on his website. He opined that one could find many lawsuits regarding PACE, and that it was a loophole in that the County or the City was responsible for it once it was in the property records. He opined that one could lose their home or be prevented from selling their home due to the lien on the property, and he reiterated his request for the County to ask the State to eliminate this program for residential, opining that commercial seemed to be fine.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
Commr. Smith wondered if the Board could include language that they did not want this program in Lake County, and Ms. Marsh indicated that this could be added.
On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 3-0, the Board approved Resolution 2023-116 in support of St. Lucie County and Palm Beach County's PACE Statute policy proposals to the Florida Association of Counties (FAC), or similar final policy proposal as adopted by the FAC for the 2024 Legislative Session, with language that the Board did not want the PACE program in Lake County.
reports
county manager
upcoming budget public hearing
Ms. Barker remarked that the Board would be recessing the current meeting and reconvening at 5:05 p.m. for their first budget public hearings.
commissioners reports
commissioner shields – vice chairman and district 1
florida association of counties urban affairs committee
Commr. Shields mentioned that he would be in attendance on the Florida Association of Counties (FAC) Urban Affairs Committee in the current week.
commissioner smith – chairman and district 3
county road network
Commr. Smith related that it was encouraging to see that the County’s road network was starting to move forward so that they could help relieve the transportation issue. He added that he and Mr. Fred Schneider, Assistant County Manager, would be visiting the City of Eustis to review the crosswalk issue.
upcoming budget public hearing
Commr. Smith encouraged everyone to return at 5:05 p.m. for the budget hearing.
national day of encouragement
Commr. Smith said that it was National Day of Encouragement.
RECESS AND REASSEMBLY
The Chairman called a recess at 11:04 a.m. until the 5:05 p.m. Budget Public Hearing.
5:05 budget public hearing
introduction
Ms. Barker thanked the Board and staff for working on the budget, and she relayed that this was the first of two public hearings. She related that the County maintained status quo millage rates for all of the millages, and that they had addressed the minimum wage, noting that voters had approved a minimum wage of $15 per hour to be implemented by 2026. She added that the County had begun raising their minimum wage by $1 per year, and that this was the first year that they were up to $14 per hour; furthermore, they had adjusted other wages accordingly for a $1 increase or three percent for other employees, whichever was higher, to address any compression created by raising the minimum wage. She commented that they included approximately $5 million for road resurfacing with $3.5 million from the General Fund and around $1.7 million from the IST fund, and that they were requesting three new full time positons, along with two positions that had already been approved but had been unfunded. She indicated that they had a new Wellness Way millage that the Board had approved to address ongoing maintenance for infrastructure, and that this millage would stay as zero mills because there was not currently infrastructure in place; however, they anticipated to have a millage be approved for the FY 2025 budget. She concluded that the County had been working with the LCWA on the transition of their employees to the County organizational structure, and that these numbers were still being finalized; furthermore, the Board would see those numbers at the September 26, 2023 budget hearing with a statement of changes and the positions.
presentation of tentative millage rates and tentative budget
Ms. Teslia said that they were present for the first of two public hearings on the FY 2024 budget that were required by Florida Statutes, and she reminded everyone that this item was for the millages and budget overseen by the Lake County BCC. She commented the purpose of the current meeting was to present the proposed millage rates and their change from the rollback millage rates, as well as the tentative budget for FY 2024. She added that by the State’s definition, the rollback millage rate was a rate that when applied to next year’s tax base, excluding new construction, would generate the same revenue as was raised in the previous year. She displayed the property values for 2022 taxable values as certified on October 1, 2022, along with the 2023 taxable values as certified by the Lake County Property Appraiser on July 1, 2023. She said that the countywide values reflected an overall increase of about $4.47 billion, with $1.38 billion in new construction, and that the countywide millages included the General Fund, the ambulance MSTU, and the public lands-voted debt. She reiterated that the Wellness Way MSTU was new for the current year, which was why it represented a 100 percent increase in values. She also stated that the property values would be finalized for 2023 and would be available on October 1, 2023. She remarked that Chapters 129 and 200, Florida Statutes, outlined the procedures for the annual adoption of the tax rates and budgets, and required that she identify the proposed millage rates for the 2024 fiscal year as well as any adjustments that the Board would consider. She listed the following information: the proposed FY 2024 Lake County General Fund operating millage rate was 5.0364 mills, which was equal to the FY 2023 rate and was a 9.24 percent increase over the rollback tax rate of 4.6102 mills; the proposed FY 2024 Lake County Ambulance MSTU millage was 0.4629 mills which was equal to the FY 2023 rate and was a 9.25 percent increase over the rollback rate of 0.4237 mills; the proposed FY 2024 Lake County Stormwater, Parks and Roads MSTU millage was 0.4957 mills which was equal to the FY 2023 rate and was a 9.84 percent increase over the rollback rate of 0.4513 mills; the proposed FY 2024 Lake County Fire Rescue MSTU millage was 0.5138 mills which was equal to the FY 2023 rate and was a 9.41 percent increase over the rollback rate of 0.4696 mills; and the proposed FY 2024 Lake County Wellness Way MSTU millage was 0.0000 mills, noting that a study would be completed during FY 2024 and they anticipated establishing a millage rate for the FY 2025 budget. She relayed that based on calculations by the Florida Department of Revenue (FDOR) on the DR-420 Certification of Taxable Value form, the current year proposed aggregate rate was 5.9802 mills, which was an 8.64 percent increase over the aggregate rollback rate of 5.5048 mills. She said that the public lands-voted debt millage did not figure into the rollback calculations as it was approved by a referendum, and that the proposed FY 2024 public lands-voted debt service millage was 0.0918 mills, which had no change from the FY 2023 rate. She then stated that the proposed tentative budget, as presented, included the following: a General Fund millage of 5.0364 mills, which was estimated ad valorem revenue of $175,473,233; included the approved project list for the IST; fully funded Judicial Support, the Constitutional Offices and County departments; and reflected a General Fund reserve total of $36.9 million, noting that operating reserves would be about 17.66 percent of the operating budget. She displayed the following proposed staffing changes for FY 2024: an MSBU coordinator for the Public Works Department for the management of the MSBU subdivisions per the newly adopted MSBU ordinance; a software developer for the Information Technology (IT) Department which would split costs with the Lake County Property Appraiser, noting that this position was requested to assist with the programming work to add website features, along with automating and improving application processes; the program compliance auditor for the Office of Housing and Community Services to meet specific auditing and monitoring requirements for Federal and State programs; a financial coordinator for the Office of Library Services, noting that this was partially due to the reorganization with the LCWA and requirements for meeting the library state aid; and a systems support technician for the Circuit Judges. She added that the positions for the LCWA would be presented at the final public hearing.
public hearing
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.
tentative millage rates
Commr. Shields congratulated Ms. Barker and staff for presenting a budget without changing the millage rates, noting that some Cities were having issues and were possibly going to raise their millage. He opined that the County was in a good position.
Commr. Smith agreed, and he thought that the Office of Procurement Services and staff had gone a great job with public/private partnerships and other cost saving ideas.
Commr. Campione thanked everyone for the work that went into this proposed budget, and for the focus on keeping their millage rates at least level; additionally, she opined that they could possibly find some opportunity for reduction between the current time and the following hearing. She said that it was taking a significant amount of effort to keep the services at the quality that residents expected and that the County wanted to provide, and that items cost significantly more at the current time. She opined that it was not possible for the County to address those services without taking into account the added cost that everyone was experiencing in the current economy.
Commr. Smith thanked staff for bringing the reserves up to 17.66 percent of the operating budget, noting that this helped the County with their bond rating and if they had a natural disaster.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved the following tentative millage rates: the Lake County General Countywide Levy at 5.0529 mills; the Lake County Voter Approved Debt Levy at 0.0918 mills; the Lake County Municipal Services Taxing Unit (MSTU) for Ambulance and Emergency Services Levy at 0.4629 mills; the Lake County MSTU for Stormwater, Parks and Roads Levy at 0.4957 mills; the Lake County Fire Rescue MSTU Levy at 0.5138 mills; and the Lake County Wellness Way MSTU levy at 0.0000 mills.
Ms. Teslia indicated that the Lake County General Countywide Levy should be 5.0364 mills, noting that there was a typo in the presentation.
Commr. Campione asked if this would change the aggregate, and Ms. Teslia said that it would not.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved to correct the tentative Lake County General Countywide Levy to 5.0364 mills.
summary of changes to the fy 2024 recommended budget
Ms. Teslia stated that the summary of changes since the recommended budget in July 2023 also included the following: updated fund balance and revenue projections; the IST approved project list from the public hearing on August 29, 2023; re-budgeted capital projects such as road resurfacing and construction; the purchase order (PO) carryforward estimates; grant award reconciliations, noting that the majority included the NG911 State grant and the local government fire services grant for the Bassville Park and City of Clermont fire stations; and other miscellaneous changes and adjustments of $219,000 which included the trending increase in costs for fleet maintenance supplies and animal shelter costs.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved to adopt changes to the FY 2024 Recommended Budget totaling $63,474,957.
fy 2024 tentative budget
Ms. Teslia requested approval to adopt the FY 2024 tentative budget totaling $774,917,807.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved to adopt a FY 2024 Tentative Budget totaling $774,917,807.
final budget hearing date
Ms. Teslia requested approval to hold a public hearing for the final adoption of the FY 2024 millage rates and budget on September 26, 2023, at 5:05 pm, or as soon thereafter as possible, in the Board Chambers.
Commr. Smith asked if it would be better to have this meeting on a Monday at 5:05 p.m.
Commr. Campione said that moving it to September 25, 2023 would be an issue and that they would only have four Commissioners present, noting that she would not be available on that day.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 3-0, the Board approved to hold a public hearing for final adoption of the FY 2024 millage rates and budget on September 26, 2023, at 5:05 p.m., or as soon thereafter as possible, in the Board of County Commissioners’ Chambers, 315 West Main Street, Tavares, Florida.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:25 p.m.
_________________________________
kirby smith, chairman
ATTEST:
________________________________
GARY J COONEY, CLERK