A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

November 14, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, November 14, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Douglas B. Shields, Vice Chairman; Leslie Campione; and Josh Blake. Commissioners not present: Sean Parks and Kirby Smith, Chairman. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.

INVOCATION and pledge

Commr. Shields welcomed everyone to the meeting and noted that Commissioner Smith would be participating virtually; therefore, he would be unable to vote.

Pastor Ricky Flack, with Welcome Home Christian Church, 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, stated that Tabs 22 through 24 were added as addendums since the agenda was first published, and she requested that Tabs 22 and 23 be considered as part of the Consent Agenda. She also requested that Tab 24 be moved to before the Planning and Zoning agenda, and that the special recognition for Keep Lake Beautiful be moved to the November 28, 2023 agenda since this was a request from Commissioner Parks who was not in attendance. She relayed that due to the absence of two Commissioners, the Planning and Zoning applicants were offered the opportunity to postpone their respective hearings until there was a full Board; therefore, Planning and Zoning Tabs 4 and 5 for the Golden Eagle mixed use village would be moved to the December 5, 2023 agenda, Tab 8 for the Crescent Lake conditional use permit (CUP) would be moved to the January 9, 2024 agenda, Tab 9 for the Raptor Airsoft Gun Facility CUP would be moved to the December 5, 2023 agenda, and Tab 10 for the Motocross Training Facility CUP would be moved to the December 5, 2023 agenda.

Commr. Shields commented that he wanted to move the citizen question and comment period before the public safety update.

citizen question and comment period

Mr. Banks Helfrich, a former Lake County Soil and Water Conservation District Chairperson and current candidate for the State House of Representatives District 25, spoke about Keep Lake Beautiful, noting that he was a member of this committee. He related that they found ways to create butterfly flower gardens along with other organizations in Lake County, such as the Lake County Conservation Council (LCCC), Take a Stand for Rural Land, and the Eco-Agrarian Lifestyle Focus Group in the City of Groveland. He mentioned that as an independent farmer and a teacher of sustainability, he opened his farm for tours once a month for the community to learn about sustainability practices, and noted that he had over 14 gardens to teach people how to grow their own food. He stated that the next event was on Sunday, November 19, 2023, and that they would be harvesting sweet potatoes and other crops. He relayed that these events were meant to build communities, build awareness, and to keep Lake County beautiful.

Mr. Rick Carlins, a resident of the City of Fruitland Park, expressed concerns about the American Library Association (ALA) and its current president, and relayed his understanding that Lake County was paying thousands of dollars in membership dues to the ALA and its affiliate, the Florida Library Association. He remarked that he did not want his taxes going to this organization, and asked if this issue could be placed on a future agenda. He also related that Collier County had passed an ordinance establishing a Bill of Rights sanctuary county, and he requested that this also be placed on a future agenda.

Mr. John Labriola, a representative of the Christian Family Coalition, explained that his organization was a statewide pro-family organization that advocated for family values, parental rights, and religious liberties, and that they had been leading a statewide effort to defund the ALA. He related that since August 2023, there had been six Counties who had chosen to terminate their membership dues to the ALA, and that the State of Florida had recently decided to ban all grant related programs related to the ALA because of its promotion of drag queen story hours and LGBT materials being made available to children in the libraries. He asked if Lake County would join the growing movement of local and state governments across the United States (U.S.), including the States of Missouri, Alabama, and South Carolina. He noted that each County controlled its own budget, and that most Counties were still paying their own taxpayer dues to the ALA. He expressed concerns about recent actions of the ALA, and requested that terminating membership dues to the ALA be placed on a future agenda.

Mr. Ray Hayden, a resident of Lake County, played a video showing traffic issues with a proposed development off of U.S. Highway 441. He explained that there was a very narrow road leading to the proposed development with no street sign at the entrance, which was in the parking lot of two commercial establishments, Take 5 Oil Change and Goodwill Industries. He expressed concern about passing vehicles on the narrow road, opining that the road was too narrow to accommodate more than one vehicle at a time. He relayed that one could only make a right hand turn exiting onto U.S. Highway 441, and that there was no stop sign there.

Commr. Campione inquired if this application was moving through the City of Leesburg process or if it was a case that would be coming before the BCC.

Mr. Hayden replied that the application had been denied by the City of Leesburg, and opined that it would be coming to the County.

Commr. Campione questioned if the Board was supposed to be taking public comments for an application that would be coming to the County.

Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, remarked that they had a pre-submittal for review but nothing for a formal comment.

Commr. Campione asked if the Board could take public comments on a matter that was in a gray area.

Ms. Melanie Marsh, County Attorney, replied that public comment was for people to bring any issues of concern, and she inquired if the applicants were applying for a rezoning.

Mr. Fitzgerald answered that this was to be determined.

Ms. Marsh stated that if they were not applying for rezoning, it would not come to this Board. She explained that people could speak with the understanding that if it required this Board’s approval in the future, then any comments they had would have to come back during the public hearing for that application.

Commr. Campione commented that when it was pending with the City of Leesburg, the County had sent a letter expressing the Board’s concerns about the traffic and safety issues.

Ms. Deirdre Griffin, a resident of the City of Leesburg, related that the City of Leesburg had denied the application for annexation of the property in the video, and expressed concerns about the traffic issues. She relayed her understanding that the application would be for 70 units in a four story hotel that would have 50 boat slips and a marina with a gas station, resulting in more commercial traffic on this road. She indicated concern about this applicant going through straight zoning because of the original 1999 zoning it had when it was a fish camp, and pointed out that the access was in a different location than it was originally. She explained that the current access was through three separate easements owned by individuals, and opined that the conditions existing in 1999 no longer existed. She related that the application denied by the City of Leesburg was a proposal for 47 residential units, and that they currently wanted to build a hotel with a marina using the same access, noting that she had a single family residence in this area. She expressed concern about the pre-application proposal, which showed a sewage lift station and commercial dumpsters along her property, and she requested that the Board would require a public hearing on any application moving forward on this property.

Ms. Marsh relayed that the property referred to was Urban Medium future land use (FLU), and that it had an existing planned commercial (CP) ordinance on it allowing the uses Ms. Griffin described. She explained that one could not require a public hearing unless the applicant was coming in for a rezoning or an FLU amendment, and that if they met the requirements of the existing FLU and zoning and were consistent with the Comprehensive Plan (Comp Plan) and Land Development Regulations (LDR), it would go through an administrative approval process.

Commr. Campione inquired if the Public Works Department and the Office of Planning and Zoning would be reviewing issues relating to where the dumpsters and lift stations were located.

Ms. Marsh replied that this would go through the staff as development reviewers, and that if there was a code stating that a dumpster could not be next to a residential property, this would be enforced, noting that staff would only be looking at existing code provisions and ensuring that a site plan was consistent with the existing code.

Commr. Campione relayed her understanding that the issues with access management would have to meet the requirements of the code.

Ms. Marsh indicated that this was correct, and stated that the County had an access management section in the code, and that it would all have to comply with existing regulations, noting that it would not come back to this Board.

Commr. Campione opined that if the access to U.S. Highway 441 could be shifted, it might make the traffic issue safer, and she wondered if that was County right of way or Florida Department of Transportation (FDOT) right of way.

Ms. Marsh related that U.S. Highway 441 was an FDOT roadway, and that this particular access road was not a publicly maintained or dedicated road, noting that it was a private easement.

Commr. Campione opined that if the driveway access was FDOT right of way, the County could engage FDOT to look at the possibility of shifting the actual entrance onto U.S. Highway 441.

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, relayed that if the driveway was moved, then it would go onto property owned by Goodwill Industries, which the County did not own, and that the road it would go to was made of easements to the different property owners.

Commr. Campione opined that since the BCC could not help them with a zoning public hearing, there could possibly be a way to discuss this issue with Goodwill Industries, and that they could possibly shift some of their parking spaces. She also opined that the City of Leesburg could possibly grant a variance to remove some of the parking spaces to make the entrance in and out of there safer. She opined that the County could not control whether or not a hotel was built there but could possibly be part of a solution to make the access better by working together with the entities involved.

Mr. Earhart commented that he had not discussed this issue with the easement holders; however, he relayed his understanding that they were not willing to give additional space to make it 20 or 24 feet, noting that the road was currently 18 feet.

Commr. Campione questioned if the County code required more than 18 feet for access management.

Mr. Earhart replied that from a new standpoint, it would; however, he was not sure about the existing standpoint.

Ms. Griffin inquired if this ordinance from 1999 for the expansion and renovation of an existing fish camp, which no longer existed, could be reverted back to Mobile Home Residential Park (RMRP) status that it was previously.

Ms. Marsh answered that the old ordinances did not have expiration dates, and that as long as they were consistent with the current Comp Plan for Urban Medium, then the County could not change it without being subject to law suits for taking away private property rights.

Commr. Shields commented that staff had heard the consensus and knew the concerns, including what happened with the City of Leesburg, and opined that they would do what they could.

Mr. Angel Claudio, a resident of the City of Umatilla, commented that his family owned Lakeside Recreational Vehicle (RV) Park, and expressed concerns about Cendet LLC operating as a private range in this area. He commented that Cendet LLC had withdrawn their CUP application on November 9, 2023, and opined that this range was unsafe, would depreciate their property value, ruin their quality of life, hurt businesses, and continue being a noise nuisance. He recalled that Cendet LLC opened in 2017 as a private range, and that in 2018 they provided teaching and training activities for a fee; furthermore, in 2022 Cendet LLC opened a public range and applied for a permit after being cited for three code violations. He related that Lakeside RV Park was for adults 55 and over, and opined that some of their seasonal residents had chosen not to return because of the noise nuisance. He expressed concern about hearing loud gunfire every day, opining that it could cause unnecessary stress to veterans and hearing issues. He remarked that there were residential homes across the street, a Dollar General store down the street, and more than 1,000 homes being built near this area, opining that it should not be permitted to operate as a private range or a gun club.

Commr. Campione remarked that she was aware of the gun range and had met with a group of residents in that area. She opined that it was very loud, and that it was located in an area with residential homes and the RV Park. She related that the application for the CUP was pulled, and that they had indicated that they were going to operate privately. She relayed her understanding that the Office of Code Enforcement had notified them that a private gun range was not an allowable operation, and that even though they could shoot guns on the property personally, they could not teach others for a payment.

Mr. Claudio related that he had noticed people driving into this gun range, and that the owner had over 900 followers on social media, opining that they had continued operations since 2017.

Commr. Campione expressed concern that the owners would continue the activities that were in violation of the code.

Mr. Claudio opined that the gun range created environmental and safety issues, and said that the aim of Lakeside RV Park was to provide a quiet, affordable place for the residents, many of whom were very elderly.

Ms. Regina Marcano, a resident of the City of Umatilla, stated that she lived directly across from the gun range, and that she had been working with her community to better the situation. She expressed concerns about the gun range, and wondered if they would apply for a CUP again and not resolve the issue. She stated that she would like some assurance that the owners would not be able to do this on the property, opining that they had caused many environmental issues.

Ms. Marsh related that the County under Florida law could regulate gun ranges only in the same manner as any other commercial business, and that the owners could use the property as a gun range for their own personal use. She stated that no government entity could assure that someone would not operate in violation of Florida law, and that if the owners continued to operate and there was evidence that they were open to the public and receiving compensation for use of the facility, this could be brought back to the Board to seek an injunction. She mentioned that injunction actions took a long time, and noted that some had been successful and others had not. She remarked that regarding environmental impacts of the gun range, the County was preempted by Florida State law from regulating the environmental effects of shooting ranges, and that if the neighbors had issues regarding environmental contamination, they would have to look at the statute and report it to the State or hire an attorney to help them with that process. She related that the St. Johns River Water Management District (SJRWMD) had an environmental compliance department, and that the residents could report any diversion of water or other impacts to them. She commented that during a previous gun range issue in the Green Swamp, the SJRWMD had come in to address violations with that property, and that they had entered into a consent order to correct those violations.

Commr. Campione relayed her understanding that residents were observing people going onto the property and shooting, and inquired how a resident would create the record necessary to obtain an injunction request.

Ms. Marsh replied that it was very much like presenting a criminal case, and that they would need pictures, testimony, and video.

Mr. Ryan Midtun, Chief Code Enforcement Officer with the Office of Code Enforcement, explained that if they received evidence from the neighbors, such as dates and numbers of people, and their officers went out there and witnessed the same, they could present the preponderance of evidence that it was likely occurring, and that this would be presented to their special master.

Ms. Marsh commented that when the County received the phone calls, Mr. Midtun or another staff member went out there; however, by the time they arrived, the range was shut down.

Mr. Midtun remarked that the gate had been closed, and that there had been one individual and one vehicle there, who they presumed was the property owner using the range for personal use, noting that this was not enough evidence to show commercial use.

Commr. Campione asked that the neighbors take pictures and videos, and opined that it would be good to meet with Mr. Midtun and the County Attorney’s Office to discuss how to handle the timing of witnessing the activity and what documentation would be needed for staff to actually testify for an injunction. She mentioned that when she had met with the neighbors, several of them were gun owners and veterans, and opined that this was not a Second Amendment issue but a noise nuisance and safety issue.

Commr. Shields opined that it was a quality of life issue.

Commr. Campione requested that the ALA issue be placed on the following agenda, and opined that the BCC could do some research for that discussion.

Ms. Barker said that this could be done. She commented that they were also gathering information on this issue at the request of Commissioner Blake, and that once that information was gathered, it could be placed on the agenda.

Commr. Smith indicated his support for this.

Ms. Lisa Hayden, a resident of the City of Leesburg, questioned why a hotel would be allowed on the property behind Take 5 Oil Change and Goodwill Industries, opining that it did not seem clear with the current zoning.

Ms. Marsh explained that the property was considered CP under the 1999 ordinance, which allowed the hotel. She elaborated that CP ordinances were conditional, and at that time, someone had specifically asked for every use that was listed in that ordinance. She commented that since ordinances did not have expiration dates, they could still do that as long as it was consistent with the current Comp Plan.

Ms. Hayden questioned if the ordinance changed the FLU.

Ms. Marsh answered that it did not, and explained that as long as it was consistent with the current FLU, which was Urban Medium, then the ordinance would stand.

PUBLIC SAFETY UPDATE

Deputy Chief John Simpson, with the Office of Fire Rescue, said that they had just completed their first year of merging the Offices of Emergency Medical Services (EMS) and Fire Rescue, noting that in 2020 and prior to 2020 they operated as separate agencies. He commented that the traditional fire service model was operated as first response medical and suppression activities, and that EMS was operated as a separate agency providing transport services for 911 and all inter-facility work, including hospital to hospital transfers. He explained that the coronavirus disease 2019 (COVID-19) changed how they viewed service delivery, and that they began to see impacts to their staffing levels and vacancies occurring because individuals were beginning to leave the field, opining that individuals did not want to be in healthcare in general. He added that they also began to see declining enrollment in their local schools; therefore, there were less graduates and less qualified applicants, which created additional staffing issues. He remarked that there was an overall declining interest in public safety jobs, and even though staff had the normal family leave (FMLA) and workers’ compensation, this was compounded by illnesses and isolation when they were exposed to a sick employee. He clarified that the entire industry struggled to answer the demands of service delivery in light of these occurrences, and that one item they saw during COVID-19 was an alteration on demand, including a decline with spikes when there were different variants of the disease. He said that they saw a need for the following: changing this delivery model; increasing inter-facility work; focusing on 911 and the public safety role; and entering into some private/public partnerships to address inter-facility work, noting that doing so had brought the demand back down to a manageable level. He commented that in 2021 their minimum staffing model was 14 medic units and two rescues, and that a medic unit was staffed with an emergency medical technician (EMT) and a paramedic; additionally, a rescue was staffed with a firefighter EMT and a firefighter paramedic. He remarked that the use of the rescue unit was primarily to provide advanced life support (ALS) transport services, and that they carried all of their gear and equipment so that they could be used as firefighting or suppression staff if it was on scene at a fire. He said that to do a coordinated public safety model with fire rescue, they had to do a demand analysis on their deployment strategy, including the time of day, type of call, locations of calls, etc., to determine when they should add more resources and when they could use less resources. He also indicated that when partnering together, they could shift some positions to begin increasing the deployment of rescues, noting that they began to convert some of the medic units to rescue units, which provided for additional opportunities for their fire certified personnel and strategic placement of those rescues. He stated that from the beginning of fiscal year (FY) 2020 until the present day, they had added 90 fire certified positions to the agency, noting that 25 of those were transferred from the Office of Fire Rescue to the Office of EMS prior to the merger so that they could begin staffing this way. He said that they successfully merged the Offices of EMS and Fire Rescue under the brand of Lake County Fire Rescue which allowed them to streamline operations and increase their efficiency and delivery, and that telecommunicators and logistics were brought under the Lake County Fire Rescue umbrella which provided a larger workforce and greater opportunities to attract wider job audiences; furthermore, they were starting to see increased applications to their agency because it allowed for different career paths. He commented that they had been able to alter their staffing pattern as they transitioned some of the medic units to rescue units, and that currently they staffed 20 ambulances at minimum staffing during the day, along with 17 ambulances at night. He stated that they found that a large portion of their response load was from 8:00 a.m. to 8:00 p.m., commenting that they deployed 12 medic units and eight rescues during the day, along with nine medic units and eight rescues at night. He pointed out that they were able to enhance their system at times because they had a few extra ambulances that they could utilize, noting that if they had personnel who were available to work overtime, then they could put additional units in service and enhance that level of service. He mentioned that over the past few years they were able to replace much of their aging fleet and bring in new vehicles, though they encountered challenges, including a delay in receiving vehicles, noting that it took about two years to receive an ambulance and between three and four years to receive a firetruck. He mentioned that they had purchased 10 ambulances in 2021 because they needed to replace units in their fleet; however, they would not receive five of those units until after January 1, 2024. He added that other units would likely be delayed to the next model year, and that the office was trying to plan in advance. He said that they were continuing to do ongoing recruitment, and that they found that the level of school enrollment had returned to pre-pandemic levels; however, there were not enough local schools or programs to produce enough graduates to meet the rising demand. He stated that they were meeting with the schools about this issue, and he remarked that they were also starting to see a return of pre-pandemic volumes of demand for service. He said that they were starting to see a return to a cyclical pattern; therefore, they foresaw that in the near future they would start exceeding what they were pre-pandemic. He commented that they were always looking for opportunities for improvement, and that they would need some additional personnel and resources, noting that the population in Lake County continued to grow. He remarked that they needed to ensure that they followed a strategic planning approach, and that while they had some in-house expertise, they wanted to rely on true experts. He related that they had engaged with Benesch through the request for proposal (RFP) process, who was awarded the contract to serve as their consultant to perform a study with two phases, the first being the funding study, and the second looking at personnel, equipment and facilities; additionally, Benesch would compare this to national standards and provide guidance. He said that phase one was already underway, and that Benesch was scheduled to return their first set of findings in late January 2024. He related that staff’s expectation was a funding model which provided for their current and future demands, and that their goal was increasing staffing on suppression units and additional transport resources to meet the oncoming demand. He said that they expected phase two to take longer than phase one, and that the goal was increased staffing if needed and additional transport uses; additionally, they also needed to determine equipment and vehicle needs going forward. He mentioned that providing staff with the information they needed could help them develop a comprehensive implementation plan, commenting that many of their facilities were old and would not accommodate expansion needs. He clarified that implementation would span multiple fiscal years, and that staff could bring these plans back to the BCC. He concluded that they had accomplished much since the challenges of 2021, including the following: successfully combined fire, EMS, dispatch and logistics into one cohesive response force; contracted with a proven firm to provide them with a strategic development process; and planned for a dynamic future.

Commr. Smith thanked Deputy Chief Simpson for this information.

Commr. Campione said that they had seen some posts on social media that the County was not adequately staffed at the current time, that they were not meeting needs, that they were closing stations, etc. She stated that everything she had read and discussed with staff indicated that this was untrue, and opined that these items were being mentioned to create an impression of a crisis that did not exist.

Deputy Chief Simpson reiterated that they were currently staffed with 20 ambulances during the day and 17 ambulances at night.

Mr. Tommy Carpenter, Assistant County Manager, mentioned that at any time their staffing could increase or decrease with FMLA, injuries, bereavement, approved absences and vacations; therefore, they had to adjust with this. He relayed his understanding that the conversation regarding closing a station was more of a planning scenario in terms of what could potentially occur based on circumstances, and that while there was planning for a worst case scenario where they may have to move personnel around, the thought was that there was going to be adequate personnel to staff a particular weekend and that everything would be fine, noting that this was what ended up occurring. He remarked that neither a deputy chief nor the Director of Public Safety had the ability to close a fire station, and that he did not have this ability independently; rather, they would bring those scenarios and solutions to Ms. Barker to discuss options. He elaborated that in an absolute worst case scenario where they would have to close a fire station, they would present solutions to ensure that they could provide service to those areas through partnerships with municipalities or another County, noting that this occurred frequently, and that there was not an agency that could maintain public safety to all of their residents by themselves. He explained that they would review this with Ms. Barker, and that she would include the BCC.

Commr. Campione expressed concerns about social media posts telling residents that a particular station was going to be closed, and said that she learned that it was not based in fact. She clarified that this information was posted erroneously, opining that it was with the intent to mislead residents in Lake County. She expressed appreciation for the planning that staff was working on, including contingencies and worst case scenarios, and said that she looked forward to receiving more information in January 2024. She opined that as Lake County grew, the ambulance service countywide had to make adjustments and adapt to growing needs and response times to provide excellent care and fund all the changes that they would see in the future.

Commr. Smith asked if Mr. Carpenter could explain the closest unit of response and their global positioning system (GPS) that they had on all of the municipality and County trucks so that the public could understand how each municipality worked together to ensure that public safety was of the utmost importance.

Mr. Carpenter explained that when someone dialed 911, the information went to their 911 center, and dispatch would begin taking that information. He elaborated that if it was a serious call and someone was sick or hurt, then they would call the closest first response unit for that individual, noting that the vast majority of first response units in the county had paramedics. He mentioned that there were about double the number of fire apparatuses as there were ambulances to ensure that they could get a paramedic to that person as quickly as possible. He relayed that calls sometimes came to the 911 center that did not warrant traveling with lights and sirens, such as a call that was not really an emergency. He said that they used strict criteria with the medical director’s approval for when they could be in emergency mode; furthermore, they wanted to ensure that they were not risking the lives of fire crews and the public to respond to a call that did not need an emergency response. He added that for those that needed an emergency response, the County and all of the municipalities were plugged in, and noted that Lake County also had automatic aid agreements with other Counties for assistance. He summarized that they all worked as one to ensure that they could get a paramedic to that person as quickly as possible.

Commr. Campione relayed her understanding that if there was a call requiring lights and sirens and the dispatcher was looking for the closest unit, one of the Cities could possibly be asked to go.

Mr. Carpenter confirmed this and added that if it was a real emergency, all of the fire chiefs had said that they could respond to it.

Commr. Campione thought that it was important for everyone to understand that this was an integrated system where the Cities and the County were working together so that one would get the closest unit in the highest emergency. She commented that another question that they often received was why one saw a firetruck with an ambulance following behind, or why one might see two different agencies at a call.

Mr. Carpenter indicated that there were more ALS first response units than there were ambulances, and that part of this strategic plan was to evaluate this. He opined that they needed more transportation units, and that under the current system, a fire engine would arrive first to start providing care. He commented that they could possibly have a dual response if it was a fire, if one unit was closer than another, or if the County engine was on another call.

Commr. Blake indicated his understanding that some of the same sources were circulating the idea online that the County had previously stated that they had to have a minimum of 25 ambulances, and that it needed to be 30.

Mr. Carpenter replied that if they could have 22 ambulances day and night, then they would do this. He indicated that they had this availability with overtime, and that he would issue their ambulances if they had the staff come in. He added that they put one million miles per year on their ambulances, and that it was not uncommon for one to break down, noting that they did not have spare units; furthermore, they were waiting on 10 ambulances that had been ordered over two years prior. He said that part of the study would get them to where they would have the best utilization of ambulances, and help them project how many they needed in the future and how to add them at each threshold.

Commr. Shields relayed that for talent acquisition, they still had Lake Economic Area Development (LEAD) who was being the conduit between what businesses needed for talent and secondary schools. He opined that this could be an item to consider to ensure that the County was taking full advantage of these relationships.

Mr. Carpenter relayed that they were willing to consider every possible avenue to attract talent.

Minutes approval

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 3-0, the Board approved the minutes of the BCC Meetings of September 12, 2023 (Regular Meeting) and September 26, 2023 (Regular Meeting) as presented.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Campione 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 through 7, 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 Clermont CRA Budget Resolutions

Notice is hereby provided of having received the City of Clermont’s Community Redevelopment Agency Resolution No. 30 (Budget Amendment for Fiscal Year 2022/2023) and Resolution No. 31 (Budget for Fiscal Year 2023/2024).

Greater Lakes/Sawgrass Bay CDD Meeting Schedule Resolution

Notice is hereby provided of having received Resolution 2023-09 identifying the Fiscal Year 2023/2024 meeting schedule for the Greater Lakes/Sawgrass Bay Community Development District. This meeting schedule is being submitted in accordance with Section 189.015(1) of the Florida Statutes.

City of Minneola Comprehensive Plan Amendment Ordinance

Notice is hereby provided of having received Comprehensive Plan Amendment Ordinance 2023-25 from the City of Minneola.

Greater Lakes/Sawgrass Bay CDD Annual Financial Audit Report

Notice is hereby provided of having received the Greater Lakes/Sawgrass Bay Community Development District Annual Financial Audit Report for the Fiscal Year ended September 30, 2022.

SWFWMD Proposed 2024 Five-Year Water Resource Development Work Program

Notice is hereby provided of having received the proposed 2024 Five-Year Water Resource Development Work Program from the Southwest Florida Water Management District (SWFWMD), pursuant to Section 373.536(6)(a)(4), Florida Statutes.

Estates at Cherry Lake CDD Meeting Schedule Resolution

Notice is hereby provided of having received Resolution 2023-07 identifying the Fiscal Year 2023/2024 meeting schedule for the Estates at Cherry Lake Community Development District. This meeting schedule is being submitted in accordance with Section 189.015(1) of the Florida Statutes.

proclamation 2023-142: National Hunger and Homelessness

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 3-0, the Board approved the National Hunger and Homelessness Proclamation 2023-142.

Commr. Campione read and presented Proclamation 2023-142 to the organizations in Lake County that were working hard on this issue, and she recognized those in attendance representing some of those organizations. She expressed appreciation for their efforts during this time of changing situations and immense challenges, and she asked them to continue, opining that many people would be suffering without these organizations.

Ms. Barbara Wheeler, Executive Director for the Mid Florida Homeless Coalition, remarked that she would be retiring at the end of the current year, and she introduced the incoming Executive Director, Ms. Barbara Venditto. She commented that she had seen many changes in Lake County, and she expressed appreciation for Ms. Maria AbdoulKarim, Director for the Office of Housing and Community Services, for identifying new funding opportunities, opining that much more was needed. She relayed that it was challenging to find affordable housing at this time, and she asked that the County continue to work with them and build on what had been done.

Pastor Brian Broadway, founder of Find, Feed and Restore, expressed appreciation for the support from Lake County throughout the years, and said that it had allowed them to meet the needs of families with children. He related that they had doubled their capacity in the current year to house over 56 people, and that their goal for the coming year was to house over 100 people and to ensure that children in Lake County schools had a safe place to call home.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 3-0, the Board approved the Consent Agenda, Tabs 4 through 20, with the addition of Tabs 22 and 23, as follows:

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Recommend approval of the 2023 update to the Statewide Mutual Aid Agreement with the Florida Division of Emergency Management. (Resolution 2023-147)

Recommend approval:

1. To accept the Emergency Management Performance Grant (EMPG) Agreement; and

2. To execute the EMPG Agreement for Fiscal Year 2023-2024 in the amount of $102,432; and

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

4. To authorize the Director of the Office of Emergency Management to execute Exhibit 1 - Federal Programs and Resources Awarded (page 26); and

5. To authorize the Director of the Office of Emergency Management to execute Exhibit 2 - Certification Regarding Telecommunications and Video Restrictions (page 27); and

6. To authorize the Director of the Office of Emergency Management to execute Exhibit 3 - Certification Regarding Lobbying (page 29).

The fiscal impact is $102,432 (revenue/expenditure - 100 percent grant funded).

Recommend approval:

1. To execute the Agreement between Lake County and Sumter Electric Cooperative, Inc. for Building Resilient Infrastructure and Communities; and

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

3. To authorize the County Manager to approve the submission of the Building Resilient Infrastructure and Communities grant application.

There is no net fiscal impact, as the County would act as a pass-through agency to provide grant funds to SECO. The estimated project costs for the grant being requested are $9,914,800.

Fire Rescue

Recommend approval:

1. To purchase three Pierce Custom Pumpers from Ten-8 Fire Equipment (Sanford, FL) for Lake County Fire Rescue; and

2. To authorize prepayment for the vehicles in advance of delivery if a performance bond is provided by the vendor; and

3. To authorize the Director of the Office of Procurement Services to execute all implementing documentation.

The estimated fiscal impact is $2,537,383 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval of the First Amendment to the Interlocal Agreement with the Village Center Community Development District (VCCDD) to allow the VCCDD to provide Emergency Medical Services to the Lake County sections of The Villages.

The estimated fiscal impact for Fiscal Year 2024 is $647,977.06 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission Districts 1 and 5.

Planning and Zoning

Recommend approval to execute a Developer's Agreement Relating to Issuance of Building Permits While Platting is in Progress (Building Two - Townhome Lots 5-8) between Lake County and Oak Ridge At Tranquility, LLC. There is no fiscal impact. Commission District 1.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval:

1. Of Contract 23-921 with GW Systems, Inc. (Longwood, FL) for the onetime purchase and installation of a new fire alarm system at the Lake County Detention Center, located at 551 W. Main Street, Tavares, FL 32778; and

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

The estimated fiscal impact is $1,089,652 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval:

1. Of Contract 23-919 with Visionary Systems AV, LLC (Melbourne, FL) for the one-time purchase of installation of an upgraded camera system for the Lake County Courthouse for the Fifth Circuit Court; and

2. For the Office of Procurement Services to execute all supporting documentation; and

3. Of a budget transfer in the amount of $164,027 from Judges Technology Contractual Services to Judge Technology Machinery and Equipment.

The estimated fiscal impact is $164,026.91 (expenditure).

Fleet Management

Recommend approval:

1. To increase the expenditure limits of Contract 21-0714 for Repair Services for Vehicles and Operating Equipment for vendor pool Caskey’s Mower Shop and Garden Supply (Tavares, FL), Maudlin DB Cumberland Int. (Ocala, FL), Orlando Freightliner, Inc. (Apopka, FL), Ring Power Corporation (St. Augustine, FL), Rush Truck Centers of Central Florida (Orlando, FL), Ten-8 Fire & Safety, LLC (Sanford, FL), and The Truck Shop, Inc. (Okahumpka, FL) for Lake County Fleet Management from an annual estimated expenditure of $217,000 to $600,000; and

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

The estimated fiscal impact is $600,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Future year expenditures will not exceed available funding in each Fiscal Year's Budget.

Housing and Community Services

Recommend approval:

1. Of grant funding and related agreements with seven organizations that submitted applications through the 2023-24 Health and Human Services Grant Request Proposal process and authorize the Chairman to sign the agreements when received from the grantees; and

2. To authorize the County Manager to approve and execute Health and Human Services Grants as recommended by the Health and Human Services Grant Advisory Committee for the 2024-25 grant cycle and all future years.

The fiscal impact is $122,500 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval:

1. Of grant funding and related agreements with twelve organizations that submitted applications through the 2023-24 Children's Services Council Grant Request Proposal process and authorize the Chairman to sign the agreements when received from the grantees; and

2. To authorize the County Manager to approve and execute Children's Services Grants as recommended by the Children's Services Council for the 2024-25 grant cycle and all future years.

The fiscal impact is $175,761 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval of funding for the Lake County School Board Driver's Education Program - Behind the Wheel Training. The fiscal impact is $150,000 (expenditure - Traffic Education Trust Fund).

Parks and Water Resources

Recommend approval:

1. Of Contracts 23-760 for Mosquito Management Insecticide Chemicals with the following pool of vendors: ADAPCO, LLC (Lake Mary, FL), Clarke Mosquito Control Products, Inc. (St. Charles, IL - branch office in Kissimmee, FL), ES OPCO USA LLC dba Veseris (Austin TX), Rentokil North America, dba Target Specialty Products (Wyomissing,PA – branch office in Azalea Park, FL); and

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

The fiscal impact is estimated at $271,357 (expenditure - $228,000 county funded and $43,357 grant funded) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Public Works

Recommend approval:

1. Of Contracts 23-552 with Bulldog Sitework, LLC (Lady Lake, FL), GRSC, Inc. (Stuart, FL), and Hartman Civil Construction Co., Inc. (Ocala, FL) to provide swale, ditch digging and related services; and

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

The fiscal impact is estimated at $125,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Annual expenditures will not exceed available funding in future fiscal year budgets.

Recommend approval of a Non-Exclusive License Agreement with the Florida Native Plant Society, Inc., to utilize County-owned property in Clermont (Alternate Key 3921283) to harvest seeds and plants. There is no fiscal impact. Commission District 2.

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

The estimated fiscal impact is $1,551 (revenue - final plat application fee) and there is no annual maintenance cost as the roads within the subdivision are private. Commission District 1.

Recommend approval:

1. Of a Local Agency Program (LAP) agreement; and

2. To adopt supporting Resolution 2023-144 with the Florida Department of Transportation (FDOT) for design services for traffic safety improvements on Micro Racetrack Road from County Road 466A to Lake Ella Road in the Fruitland Park area; and

3. To adopt Unanticipated Revenue Resolution 2023-145 adding $225,000 to the Federal/State Grants Fund for the Micro Racetrack Road project.

The fiscal impact is $500,320 - $225,000 (revenue/expenditure - FDOT grant funded) and $275,320 (expenditure - Infrastructure Sales Tax). Commission District 5.

Recommend approval:

1. To delegate authority to the County Manager to execute a Task Order for Contract 21-0901B with Kleinfelder Southeast, Inc. (Mount Dora); and

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

The fiscal impact is $186,281.25 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 2.

COUNTY ATTORNEY

Recommend approval to conduct a Closed Session of the Board of County Commissioners to be held on November 28, 2023, to discuss Lake County Voices of Reason, Inc. vs. Lake County, Florida, Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida, Case No. 2020-CA-000799.

2023 Women's Hall of Fame inductee

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 3-0, the Board approved to ratify Louise "Lou" Brown as the 2023 Women's Hall of Fame inductee as selected by the Women's Hall of Fame Committee on November 9, 2023.

Commr. Campione opined that Ms. Brown was an excellent recipient of this award as she had been instrumental in helping many people in Lake County, particularly through the Guardian Ad Litem program.

recess and reassembly

The Vice Chairman called a recess at 10:23 a.m. for 10 minutes.

public hearings: REZONING

Mr. Fitzgerald displayed the advertisements for that day’s rezoning cases on the overhead monitor in accordance with the Florida Statutes, and remarked that some items had been changed on the agenda. He related that the remaining items included Tabs 1 through 3, 6, 7, and 11, and that those items had been approved by the Planning and Zoning Board on October 4, 2023.

rezoning REGULAR agenda

Tab 1.

Comprehensive Plan Map Amendment – Economic Development Overlay District Map 20

Small-Scale Amendment to the Economic Development Overlay District Map 20 of the Future Land Use Map Series to remove approximately 49.36 +/- acres from the Economic Development Overlay District Map 20.

Tab 2.

Rezoning Case # FLU-23-06-3

Hurley Environmental Park Comprehensive Plan Map Amendment Amend the Future Land Use Map (FLUM) to change the Future Land Use Category (FLUC) on approximately 49.36 +/- acres from Rural FLUC to Industrial FLUC to support the development program for Hurley Environmental Park.

Tab 3.

Rezoning Case # RZ-23-04-3

Hurley Environmental Park Rezoning

1. Rezone approximately 49.36 +/- acres from Agriculture (A) District to Planned Industrial (MP) District to accommodate the development program for Hurley Environmental Park.

2. Amend Ordinance #2005-17 to remove 84.38 +/- acres from the Mining Site Plan overlay, which includes the 49.36 +/- acres of property to be rezoned to Planned Industrial (MP) District.

Tab 6. Ordinance No. 2023-63

Rezoning Case # FLU-23-23-5

Griffin-Howard Property

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category (FLUC) on approximately 1.51 +/- acres from Urban Medium Density FLUC to Urban Low Density FLUC and amend associated Comprehensive Plan to be more consistent with the density of the current zoning district, Rural Residential (R-1).

Tab 7. Ordinance No. 2023-64

Rezoning Case # RZ-23-50-5

Griffin and Howard Property Scrivener’s Error Correction

Correct a scrivener’s error in Ordinance 2021-18, Section 1, for approximately 1.51 +/- acres to read Rural Residential (R-1) in lieu of Medium Residential (R-3).

Tab 11. Ordinance No. 2023-65

Rezoning Case # FLU-23-05-1

LCSO Facility

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category (FLUC) on approximately 9.89 +/- acres from Conservation FLUC to Green Swamp Rural FLUC and amend associated Comprehensive Plan Policies to support the development program for the Lake County Sheriff’s Office.

Hurley Environmental Park

Mr. Fitzgerald explained that Tab 1 was a small scale amendment to the Economic Development Overlay District map 20, and that it removed approximately 49.36 acres from the Economic Development Overlay District established by ordinance in 2014, which had the goal of obtaining a diversified, stable, and sustainable economy. He related that this overlay district was excluded from the Industrial FLU policy, and he proposed that the 49.36 acres be removed from that overlay. He remarked that this property was located on the west side of County Road (CR) 448A, north of Spicewood Way and south of Duda Road, in the City of Mount Dora area of unincorporated Lake County. He mentioned that this proposed amendment would support the expansion of the options for future development by removing the limitations of the economic development overlay, noting that the properties to the south and east were also outside of the overlay; furthermore, staff supported this amendment.

Commr. Shields requested that Mr. Fitzgerald present Tabs 2 and 3 along with Tab 1 as they were all related to the same property.

Mr. Fitzgerald stated that Tab 2 was rezoning case #FLU-23-06-3, Hurley Environmental Park Comp Plan Amendment, which was an amendment to the FLU to change the FLU category on approximately 49.36 acres from Rural to Industrial to support the development program for the Hurley Environmental Park, which was a water reclamation facility for the quality of water improvement in Lake County, and noted that the Planning and Zoning Board recommended approval of this. He related that this would allow manufacturing, wholesale trade, commerce uses, railyards, civic uses, utilities, and public safety uses. He remarked that the proposed amendment was consistent with the existing and proposed nearby land uses, which included Industrial and Agriculture. He relayed that Tab 3, rezoning case #RZ-23-04-3, Hurley Environmental Park Rezoning, rezoned the property from Agriculture to Planned Industrial (MP), and that it amended Ordinance 2005-17 to remove 84.38 acres from the mining site plan overlay, which included the 49.36 acres. He mentioned that this proposal for rezoning allowed for the following: light industrial uses; warehouse uses; outdoor storage, including storage of raw materials; processing tree debris, wood products, and wastewater residuals; the water quality treatment facility; and accessory uses. He displayed the concept plan, and pointed out that phase one on the south end would be a water treatment facility. He related that the second phase to the north would have approximately 50 small warehouses 5,000 square feet in size to service small businesses.

Commr. Shields asked the Board to disclose any ex parte communications.

Commr. Blake mentioned that he had a conversation with Representative Keith Truenow.

Commr. Campione commented that she had conversations with the consultants and with Representative Truenow.

Commr. Shields noted that he had spoken to Representative Truenow on the current day.

Mr. Carl Salafrio, with Barge Design Solutions and representing the applicant, showed the FLU map, the existing zoning map, and the proposed FLU map, and noted that there had been a mining use on this property for many years, the Hurley peat mine. He explained that there had been a mining overlay on part of this property which had to be removed, and that the Hurley peat mine was now complete and in reclamation mode with Florida Department of Environmental Protection (FDEP), which included grading, planting, and having it released in another three or four years. He relayed that on the southwest corner of the property was a large wetland area that had been delineated, ensuring that there were no wetland impacts. He mentioned that there were a couple of large ditches that went onto the property and intersected with the ditch that went around the perimeter of the farm. He remarked that the property was currently used as a sod farm and had been in sod production for 40 to 50 years. He showed the concept plan, and said that they currently had two outdoor storage areas, which included a green waste facility run by Gaston Tree Debris Recycling, which brought in clean green waste such as tree limbs and other vegetation. He related that the area to the south was making a water quality media to be used in water quality projects around the County and other places, and that the media was part of the residuals that came from the Nutrient Reduction Facility (NuRF), which was about one mile from the site. He stated that this unique partnership between them, the County, and the NuRF facility was an important project because they were using those wastewater residuals, which would otherwise go to a landfill, to develop a water quality media that could increase water quality around the county. He displayed an aerial of the Hurley Environmental Park showing how close they were to the NuRF, and remarked that these residuals still had some use as a recycled material, which was a unique feature of what they were doing. He explained that they were adding other things to the recycled material to use it again, and that they could keep using the same material. He pointed out that above the NuRF, was the Apopka-Beauclair Canal, which connected Lake Apopka to Lake Beauclair, and that the land to the east of that would at one point be in conservation. He related that the owners were willing to do a much larger water quality project, and noted that on the current evening, they would hold a meeting regarding the proposed project. He mentioned that the projects would be funded through FDEP grants, and that since Lake Beauclair was an impaired water body, one of their projects would be dealing with the flow of water going into Lake Beauclair. He explained that they would use water from the ditches coming out of Jones Avenue by building one of these advanced water quality systems, capturing that water, and then letting it go into the lake. He noted that they held discussions with the residents during the Planning and Zoning meeting and other meetings, and that they were working to ensure that the residents had a voice in this process; additionally, they had changed some of their design components to accommodate some of the suggestions.

Commr. Campione inquired if the concerns were about the industrial units or the process of using the NuRF residual to create this other water quality material.

Mr. Salafrio replied that according to comments at the Planning and Zoning meeting, there were concerns about noise, odor, light pollution, and vegetation barriers, and noted that they had limited their outdoor use of the grinders to business hours only and not on the weekends. He relayed that regarding the odor, he had invited residents to come to the facility and see what the residual looked like, which some did, opining that everybody agreed that there was very little smell associated with the residual. He mentioned that regarding the light pollution, they had agreed to a dark skies plan using low level lighting at night, and that instead of the vegetation barrier, they had agreed to build berms around the facility, which would help with the noise. He added that they would work on better design ideas about traffic, opining that they could add a turn lane to allow truck traffic to come in and out.

Commr. Shields questioned if it was possible to do the mulching at the NuRF.

Mr. Salafrio answered that this was done through a private company, and that it had to be done on this property, opining that the NuRF did not have room to do anything more.

Commr. Campione asked how many vehicles would be anticipated to enter and leave the site on a regular basis.

Mr. Salafrio replied that it would be about 10 to 20 trucks daily, and noted that when the warehouses were completed there would also be cars and small pickup trucks. He stated that these units would have 1,500 square foot offices with an adjacent warehouse for inside parking, and that they did not anticipate much outdoor storage or noise, opining that they would be used during business hours and not at night. He related that there would be another traffic study done and that a turn lane would be created.

Commr. Campione inquired if the units would be built by the owner.

Mr. Salafrio answered that there would be one developer building the entire warehouse section, and that the two other facilities were being built independently by the two existing operators, Sustainable Water Infrastructure Group (SWIG) and Gaston Tree Debris Recycling. He noted that one concern of the residents included changing plans, and he clarified that if they were to change anything, they would have to come back and change the ordinance.

Commr. Campione asked if Gaston Tree Debris Recycling was operating on the other side of the road.

Mr. Salafrio indicated that they were not, and that they had moved to their side of the road. He mentioned that some of what they were doing could be done under Agriculture, such as storing this material. He explained that to manufacture the media, which was important for water quality issues in Lake County, the land use needed to be changed even though most of what SWIG was doing was inside. He elaborated that some of this material had to age which required storing it outside uncovered, and that it was then brought inside the facility to be blended with other things and taken offsite by truck.

Commr. Campione asked if there were other facilities around the state similar to the NuRF, and questioned if their material would be coming to this facility to be processed and reused for other water quality projects.

Mr. Salafrio answered that this was a possibility. He explained that once this material was used elsewhere and was somewhat spent, it would come back to the them again to be blended with peat material and green waste material to make another product, which could be applied in agricultural operations as a fertilizer; otherwise, the material from the NuRF could have gone to the landfill.

Commr. Campione commented that it would have gone to the landfill because nobody was using it and not because it was dangerous or environmentally harmful. She relayed her understanding that after the alum was used to clean the water coming from Lake Apopka, the alum was still there, but was not enough to use on the front end.

Mr. Salafrio indicated that this was correct, and added that it was not fully spent and still had the ability to uptake nutrients. He related that they could reuse it in another water quality project, but it had to be processed in a way that made it useable. He elaborated that the SWIG material looked like sand, which was pumped into what looked like a stormwater pond, which worked as a pool filter. He explained that this material was able to uptake more nutrients but had to be taken out at some point because it had been spent again. He elaborated that after the pond was cleaned out, it could be blended with something else to be used in another product, and opined that it would never go to the landfill. He relayed that the NuRF material was not dangerous; however, no one had a use for it, which was why it would have been going to the landfill.

Commr. Shields relayed his understanding that the landfill did not want it because it was messy.

Mr. Salafrio commented that it was mushy, and that taking it to the landfill would be expensive because there would be a tipping fee, noting that this private/public partnership would save the County money.

Commr. Smith relayed his understanding that this was using innovative technology for recycled material to make a wetland to clean up water bodies in Lake County.

Mr. Salafrio indicated that this was correct, and that one of their first projects in front of FDEP was to do a $5 million pond at Lake Jem. He explained that they would take the water from the two ditches from Jones Avenue and run it into a pond before it went into Lake Beauclair, which they would be discussing at the meeting with the residents on the current night, and noted that it was a recycling project and also a water quality project.

The Vice Chairman opened the public hearing.

Mr. Louis McGlothlin, a resident of Discovery Road, commented that according to the maps, the only other industrial use in that area used to be an agriculture packing house, which was converted to a recycling place for trees and mulch, and opined that this conformed to the Agriculture land use, which included noises and smells. He said that this area had a small country road, and opined that industrial uses should stay at the other end of Jones Avenue where there was much industry. He expressed concern about accidents, and opined that this was not the right place for an industrial park. He indicated concerns about reusing the NuRF material, and opined that it could contain heavy metals and other pollutants from Lake Apopka and should not be reintroduced into the waterways. He stated that he did not understand the science and would attend the meeting on the current night, and noted that they had already moved the material from the NuRF to the property. He remarked that he did not want an industrial park in a rural area, and opined that it was being used by wildlife to access the Lake Apopka reclamation area do to all the growth and development. He expressed concerns about the traffic from the rental units, SWIG, and Gaston Tree Debris Recycling.

Ms. Linda Moss, a resident of Tammi Drive, remarked that for 31 years, she had lived six houses from the Apopka-Beauclair Canal, and that she supported this environmental group that wanted the use of Mr. Truenow’s property. She stated that the water coming out of Lake Apopka needed to be cleaned, which necessitated the building of the NuRF, and that this company had a new way of filtering and cleaning the water, opining that Mr. Truenow believed in it enough to give up the family farm. She opined that something needed to be done to clean up Lake Beauclair and Lake Dora, and that these people were their best option.

Ms. Margaret Gundlach, a resident of Lake Jem, mentioned that she had lived there 25 years, and expressed concerns about the actual material being used and about the traffic, opining that this industrial park could ruin their area.

Mr. Thomas Gardner, a resident of Lake County, related that he owned a horse farm in the area and enjoyed the agricultural environment, and opined that this project was all about making money. He expressed concerns about the wildlife, the traffic, and the environment, and opined that there should be a pause on this decision until there was more expert testimony from scientists to ensure that they were not causing more pollution to the waterways and the aquifer. He opined that the lake adjacent to this project was one of the cleanest lakes in the county, and said that he wanted to keep it clean. He expressed concerns about the wells in the area, and requested that some areas in the county remain Agriculture.

Ms. Lauren Ritchie, a resident of Mount Dora, expressed appreciation to the Board for the questions to clarify the project, opining that the statement of intent was not clear. She asked that the Board would postpone this vote until the applicant rewrote their statement of intent with a clear and simple idea of the project, opining that it was so loosely written that they could do anything they wanted with this property. She stated that she did not object to trying a new water treatment; however, she opined that it should be limited, and that there should be a pilot project to see if it worked. She remarked that the applicant used an Orange County septic tank company, Shelley’s Environmental, and relayed her understanding that they had prior issues with the FDEP, such as issues with the smell. She opined that their reference to wastewater residuals and outdoor materials needed some definition, and she wondered how this wastewater facility proposed to operate. She questioned what the applicant’s idea of a significant impact was in terms of noise, vibrations, and odors, opining that this should be in writing.

Ms. Darbie Stahl, a resident of Lake Lena Lane, displayed a map of the area, and opined that since Representative Truenow owned much of the land on the other side of Lake Lena Lane, it could all eventually be rezoned to MP. She commented that they were zoned Rural Residential (R-1), which was one house per five acres, and that this area was being rezoned to MP, which would have 50 buildings. She expressed concerns about the traffic, and noted that they had discussed covenants they would like to have with this development, such as berms and a lower maximum height.

Ms. Erica Connick, a resident of Beauclair Ranch, commented that there were 87 lots in their neighborhood, and that this project was about 600 feet from the Yalaha-Lake Apopka rural protection area (RPA) and about 3,500 feet from the neighborhood. She relayed her understanding that the Lake County Water Authority (LCWA) had supported this project with grant funding; however, she asked that the Board would add more conditions, opining that it was not descriptive enough. She requested that there be more landscaping to reduce the visual impact and that the traffic issues be addressed. She expressed concern about the wildlife and the aquifer, and opined that the 50 warehouses did not belong in this area, as it was a residential and agricultural area.

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

Mr. Salafrio agreed that they could limit the height of the buildings, and said that they had participated in public meetings with the Planning and Zoning Board and with the residents at the site as well as having online communication and phone discussions, opining that they had done everything to make the public aware. He explained that they were not dealing with a contaminated waste, a bio solid, or a wastewater product, and noted that it was a water treatment product. He related that Shelley’s Environmental was involved because they were moving the material from the NuRF to the facility, and that the trucks being used were clean and had no residual. He remarked that most of this project was being built to construct a treatment product to clean up the lakes, and he opined that allowing the use of this land by Representative Truenow as a conservation water quality project was unheard of. He stated that they had an opportunity to use this property as a kidney between the two lakes because Lake Beauclair was impaired. He said that they wanted to be good neighbors, and that they were willing to do the berms, the vegetation, the traffic study, and the turn lane in order for this project to move forward, noting that he had tried to answer these questions before the current day.

Commr. Campione relayed her understanding that the involvement with Shelley’s Environmental was strictly related to trucks.

Mr. Salafrio indicated that this was correct, and stated that according to the contract he had with the LCWA, they were moving the residual from the NuRF to their facility. He related that the trucks being used held containers that were being rolled off at their facility and dumped onto the ground.

Commr. Campione opined that the terms waste products and wastewater residuals sounded like biosolids, and that the language should be tightened up so that there was no room for misinterpretation in the future. She inquired if there was another way to describe the material that came from the NuRF.

Mr. Salafrio replied that water treatment residuals would be another way to describe it, and said that he did not have any issues about defining the product in a way that was specific to what was coming out of the NuRF.

Commr. Campione relayed her understanding that this product was the only one that came in.

Mr. Salafrio indicated that this was correct, and added that it would not be a product from any other water treatment plant.

Commr. Campione commented that when she saw the presentation for this project, she was shown much information about the science, and she wondered why this was not being presented to the residents.

Mr. Salafrio remarked that this information was presented at the Planning and Zoning Board meeting and at the LCWA Board meeting, noting that the LCWA had been the driving force behind the whole project. He mentioned that there were representatives from SWIG in attendance that could address this.

Commr. Campione opined that because everyone was interested in water quality issues, especially if this project could be beneficial to lakes throughout Lake County, it was important to separate the science out from the issues with traffic and industrial uses.

Mr. Vince Seibold, Director of Operations for SWIG, related that they wanted to build a manufacturing facility to dry the water treatment residuals, crush them into sand grain size, and add some amendments to create the final filtration media that would go in the ground in their projects. He mentioned that they had an active project in the Fleming Island area of Clay County at their wastewater plant, which took their highly treated wastewater and took the remainder of the phosphorus out. He explained that the aluminum left over in the alum residuals was positively charged, and that phosphorus was negatively charged, creating a natural attraction. He elaborated that the media was engineered to increase the surface area, and that it absorbed and held on to the phosphorus, which was the key innovation that Dr. William Lucas, their Chief Technology Officer, did his dissertation on, noting that they had domestic and international patents for this technology. He relayed that after the media had absorbed the phosphorus and had reached its capacity to meet the discharge limit associated with the project, it could be taken out of the ground and combined with compost or other materials to become a fertilizer source, and that the alum residuals would sit and age at the NuRF or at the facility changing to an inert property, which was not toxic. He commented that the County had done leaching tests so they could get approval to take it to the landfill, and that their projects had achieved federal and state water quality standard discharge permits through pilot testing. He relayed that the large project they were currently building was the Black Creek water treatment system that took color out of the water, which was negatively charged, and that the water management district was sending water from Black Creek to the City of Keystone Heights to replenish the groundwater and improve the level of the lake.

Commr. Campione relayed her understanding that the alum pulled the nutrients out of the water from Lake Apopka, and she questioned if there were heavy metals in the material that could possibly go into the groundwater or if it was bound indefinitely.

Mr. Seibold explained that the NuRF facility added the alum that removed the nutrients, and that they then had to dewater it, add a polymer, slurry it, and dewater it in a centrifuge, creating a darker material, noting that this material was tested to obtain approval to go to the landfill. He related this was the water treatment residual they had done their research on, and that according to Dr. Lucas’ research, it changed after about a year by increasing its capability to uptake phosphorus. He remarked that the metals in there were bound up in the material, and that they added a carbon source that further took out more metals if there were metals in the water coming through it. He stated that the system looked like a wetland pond with plants, and included the following materials: 18 to 24 inches of media, depending on the life span of the project; gravel; collection piping; and risers bubbling the water over the top of the media. He relayed that after sitting for contact time, the water would go through six cells and return to cell one, creating 24/7 flow to treat the water. He noted that the media would not be going into the water body, they would be taking water out of ditches, distributing it through the system, and then sending clean water out. He commented that the grant that was submitted by the LCWA to FDEP was for a system that could clean up water going to Lake Beauclair which was impaired and had about 20,000 pounds of phosphorus that needed to be removed in order to declare it healthy, and that they were partnering with the County to accomplish that goal. He mentioned that FDEP was considering the grant, and added that there were several applications for funding from around the state.

Commr. Campione relayed her understanding that the material that came from the NuRF and would have gone to the landfill had to be tested, ensuring that it would not leach and create an issue at the landfill. She commented that the testing was informative and made her feel better about that issue; however, she thought that the ordinance language was done loosely, opining that in later years it could be interpreted differently and uses broadened. She stated that she would like to see those issues addressed so that there was no room for misinterpretation of uses for wastewater reclamation or treatment.

Mr. Seibold remarked that if it was agreeable to Mr. Salabrio, there could be a provision added that limited the definition of the acceptance of material to water treatment residuals.

Mr. Salafrio indicated that they wanted the definition in the ordinance that specifically referenced the material from the NuRF, noting that they were not looking to expand this to a different material. He added that when they had first proposed this project to the Truenows, they went to their facility in the City of Jacksonville because they were concerned about the same issues, including groundwater issues, and that the safety of what they were doing had all been vetted. He pointed out that the material would not be dumped in the lake, and that there would be offline ponds that stored the water.

Commr. Campione mentioned that there were concerns about other properties being rezoned, and asked if there was a plan for expansion.

Mr. Salafrio indicated that there was not a plan for expansion, and that most of the surrounding land was already in conservation for wetland mitigation because of the impacts of the old Hurley peat mine, and that the property had a conservation easement (CE) on it. He related that their project would deal with the water coming out of Lake Apopka that was then discharged into the Apopka-Beauclair Canal, noting that this water needed additional treatment. He commented that having the farm as the kidney between the two lakes was is the overall goal of the entire process.

Commr. Campione remarked that this was the subject of the grant, but it was not part of the rezoning.

Mr. Salafrio clarified that there were two separate items, the grant process going through FDEP in conjunction with the LCWA and the rezoning process.

Commr. Campione relayed her understanding that the grant was for a conservation concept, not for a business concept.

Mr. Salafrio mentioned that conservation work required funding, opining that no one would give up the entire use of their property for it to be placed in conservation. He stated that there had to be something in it for the landowner, and that in this case, there would be some income derived from these three uses; however, 80 percent of the property would still be in conservation.

Commr. Shields relayed his understanding that the concept of the warehouses was to generate some income.

Mr. Salafrio indicated that this was correct, and opined that there had to be some income-producing property in order to do conservation on the rest of the land. He also opined that if the goal was to put the entire property in conservation, it would never happen.

Mr. Earhart commented that CR 448A was a two lane road, and that the County was asking for right and left turn lanes for them specifically. He mentioned that there had not been any discussions about lighting at their intersections, but this could be done as well as enhanced shoulders along that area. He stated that comparatively, Jones Road was very narrow with deep ditches on the side and much traffic, and he noted that they had not discussed the traffic. He added that to clarify the wastewater issue, it could be defined as an alum flocculent from stormwater treatment, which was a better term that saying that it was a wastewater residual.

Mr. Seibold remarked that it was not stormwater as it was base flow from Lake Apopka, and opined that water treatment residuals was the correct term. He stated that water from the Peace River was treated and sent to the City of Sarasota for drinking water, and that alum treatment was used all over the state, including in the City of Punta Gorda and Manatee County.

Commr. Campione opined that it could specify that it shall not include biosolids or wastewater from a sewer treatment plant.

Ms. Marsh recommended that the Board postpone this item and bring it back for the November 28, 2023 or December 5, 2023 BCC meeting to ensure that the wording could be property vetted and included in the ordinance. She mentioned that the applicant said they were willing to limit the height of the warehouse buildings, construct berms, conduct a traffic study, and change the definition, noting that there were many changes to approve on the current day as part of a motion.

Commr. Campione opined that this would be a smart thing to do in order to be very clear about what was allowed and what was not allowed. She made a motion to postpone this item until the November 28, 2023 BCC meeting in order to address issues regarding specific uses that were allowed and definitions.

Commr. Blake relayed his understanding that the two items that would need to be specifically laid out were the height of the warehouses and the material definition.

Ms. Marsh added that there was an agreement of berms, and that the ordinance would have to be checked to see if it was already there.

Mr. Salafrio commented that the only item on the current day that was new was the height of the buildings, noting that the traffic study was already required by the Planning and Zoning Board as well as the berms, the lighting, and the odor plan.

Commr. Blake inquired what the berm heights would be.

Mr. Salafrio replied that he did not have that information, opining that it would be about 50 to 75 feet to limit the noise.

Commr. Blake remarked that he did not want to postpone a simple addition of height restriction, berm heights, and verbiage for the wastewater residuals, and opined that a 75 foot high berm was not correct.

Mr. Salafrio related that the ordinance currently contained the landscape buffers and vegetation along the highways, and opined that some of these conditions would be discussed as part of the LDR process. He mentioned that currently, there was already a berm around some of the facility that was possibly 50 feet in height, noting that there was not an exact number specified. He remarked that the goal was to build it large enough through the Development Review Committee (DRC) process to ensure that there was no issue with noise pollution on the adjacent properties, which was also dealt with by limiting of the hours of operation to business hours with no grinding on the weekends.

Ms. Marsh stated that there was not a berm height in the landscaping code, and that the code only referred to the number of plants and trees. She relayed that if the Board wanted a specific height, then it would have to be incorporated into this ordinance; otherwise, it would become a negotiation between staff and the developer at the development stage.

Commr. Campione opined that this emphasized the appropriateness of the postponement.

Commr. Blake questioned what the applicant thought about the postponement.

Mr. Salafrio indicated that he did not want a postponement as they had been in this process for over one year, and that he would like to have it resolved on the current day, necessitating everyone on his team to come back; however, if it could not be resolved, then they could come back in two weeks.

Ms. Marsh related that another option would be to table it to the current afternoon, giving staff time to write something that would be appropriate and address the concerns; however, everyone would have to wait until this afternoon.

Mr. Salafrio commented that they would be available all afternoon because they had a meeting on the current evening, and that he could work with staff in the meantime.

Commr. Blake asked what the height of the buildings should be.

Commr. Campione mentioned that two stories was brought up during the public comments, and noted that she did not know what a typical industrial building height was; additionally, there was also the issue with the berm. She wondered how much of a difference two weeks would make, and noted that staff could spend that time ensuring that the language in the ordinance was right.

Commr. Blake stated that since there was not a full Board and not knowing what the input from the other interested parties may be, he would second the motion for a two week postponement.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 3-0, the Board postponed this item to the November 28, 2023 BCC meeting.

Griffin-Howard Property rezoning

Mr. Fitzgerald explained that Tabs 6 and 7, which were rezoning cases #FLU-23-23-5 and #RZ-23-50-5 for the Griffin-Howard Property, were together. He stated that Tab 6 was an amendment changing the FLU on approximately 1.51 acres from Urban Medium Density to Urban Low Density, noting that it was located at 10534 Holloway Drive, in the City of Leesburg area of unincorporated Lake County. He related that this was a homeowner initiated proposal to reconcile the property to be more consistent with the current and intended FLU, conforming to the R-1 residential property. He stated that Tab 7 was correcting the zoning on the property because of a scrivener’s error in Ordinance 2021-18, and that when the property was rezoned to R-1, there was an error in the body of the ordinance which referred to Medium Residential (R-3), noting that this would correct it to R-1.

Commr. Shields asked the Board to disclose any ex parte communications, but there were none.

The Vice Chairman opened the public hearing.

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

On a motion by Commr. Blake, seconded by Commr. Campione and carried by a vote of 3-0, the Board approved Tab 6, Rezoning Case # FLU-23-23-5, Griffin Howard Property, and Tab 7, Rezoning Case # RZ-23-50-5, Griffin and Howard Property Scrivener’s Error Correction.

LCSO facility

Mr. Fitzgerald relayed that Tab 11 was a FLU change on approximately 9.89 acres from Conservation to Green Swamp Rural, and that it was located at 12331 Dry Fork Road, in the City of Groveland area of unincorporated Lake County. He explained that this proposal was to allow the property to continue to be utilized by the Lake County Sheriff’s Office (LCSO) for storage, and noted that the building predated the adoption of the current Comp Plan. He related that this use was inconsistent with the Conservation FLU; therefore, the restoration of that building would require a FLU change to Green Swamp Rural, which allowed the public safety use.

Commr. Shields asked the Board to disclose any ex parte communications, and said that he had spoken to the Sheriff and some of the residents.

The Vice Chairman opened the public hearing.

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

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 3-0, the Board approved Tab 11, Rezoning Case # FLU-23-05-1, LCSO Facility.

reports

county manager

HAPPY THANKSGIVING AND OFFICE CLOSURES

Ms. Barker wished everyone a Happy Thanksgiving, noting that County Offices would be closed on November 23 and 24, 2023.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:00 p.m.

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KIRBY SMITH, CHAIRMAN

ATTEST:

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GARY J COONEY, CLERK