A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

november 28, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, November 28, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; Leslie Campione; 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.

Pastor Casey Ferguson, from Tuscanooga Baptist 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.

Commr. Campione arrived at 9:06 a.m.

Agenda update

Ms. Jennifer Barker, County Manager, said that there were two Tab 3 items on the agenda in error, and she clarified that the Information Technology tab under Section B, Administrative Services, should be Tab 4.

employee awards

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

FIVE YEARS

Lucas Akins, Equipment Operator III, Public Works

Claudia Guzman, HR Specialist, HR & Risk Management

Devon Lynch Makin, Mechanic II, Fleet Management

Diane Back, Procurement Associate

Joanna Buchanan, Quality Assurance Training Officer

Jonathan Carey, District Chief

David Clark, Preparedness Planning Officer

Kim Craddock, Public Safety Logistics Tech

Ralph Habermehl, District Chief

Jeffery Harper, Public Safety Sr. Logistics Tech

Charles Hylander, Mechanic I

Charles Johnson, Assistant Chief

Ryan Kessinger, District Chief

Colton Kocielko, Firefighter/Paramedic

Tabitha Kocielko, Office Manager

Angela Lee, EMS Coding & Quality Review Spec

Catherine McNew, Database 911 Specialist

Lily Morse, EMS Patient Billing Coordinator

Casey Nichols, Assistant Chief

Sammy Prevatt, Assistant Chief

Sheila Saunders, Financial Analyst

Scott Scheider, District Chief

John Simpson, Deputy EMS Chief

Christopher Smith, District Chief

James Smith, Firefighter/Paramedic

Patrick Stephens, Logistics Support Manager

Jason White, District Chief

Jessica Zimmerman, Finance and Billing Manager

Office of Fire Rescue - EMT

Jose Hernandez

Ginger Jacobs

Kevin Livingston

Trisha Livingston

George Rodriguez

Matthew Small

Office of Fire Rescue – Paramedic

Lori Dashiell

Thomas Lucas

Joseph Evans

Inman Mencia

Michelle Evans

Luis Ramires

Nadia Figueroa Vargas

Scott Shock

Rachael Hendrixson

Kierra Simmons

Willie Kidd

Daryl Stewart

Kristen Lauretta

Kristen Thomas

Megan Lord

Chrystal Vicchiollo

Jeffrey Lubell

Amanda Watkins

Office of Fire Rescue – Dispatch

Kimberly Stephens, Emergency Dispatch Manager

Margaret Albandor, Emergency Dispatch Supervisor

Candice Collier, Emergency Dispatch Supervisor

Amber Otero, Emergency Dispatch Supervisor

Heather Pelton , Emergency Dispatch Supervisor

Sarah Bray, Emergency Dispatch Lead

Tina Winkler, Emergency Dispatch Lead

Office of Fire Rescue – Telecommunicator

Erica Braddock

Diane Burrows

Angela Lucas

Kimberly Osteen

Jessica Ring

Bobbi Schwarz

Kimberly Tingle

TEN YEARS

Gretchen Bechtel, Contracting Officer II, Procurement

Mary Brown, Animal Care Assistant, Animal Services

FIFTEEN YEARS

Gary Gratz, Fire Lieutenant/Paramedic, Fire Rescue

Jason Liska, Fire Lieutenant/Paramedic, Fire Rescue

Matthew Stowell, Fire Lieutenant/Paramedic, Fire Rescue

David Manes, Fire Lieutenant/EMT, Fire Rescue

TWENTY-FIVE YEARS

Amy Bradford, Paratransit Coordinator

Office of Transit Services

Timothy Roe, Firefighter/EMT

Fire Rescue

Paul Rogers, Fire Lieutenant/EMT

Fire Rescue

special recognition – keep lake beautiful

Commr. Parks said that there were some great honors that the County recently received.

Ms. Veronica Dau, Facilitator for the Keep Lake Beautiful (KLB) program, explained that the Keep America Beautiful President’s Circle Recognition Award for the 2023 year was awarded to KLB at the 2023 Keep Florida Beautiful conference, and that the award recognized exemplary performance by certified affiliates of Keep America Beautiful in creating clean, green and beautiful communities. She relayed that Dr. Helen Lowman, President and Chief Executive Officer of Keep America Beautiful, had stated that one of their nation’s most effective grassroots community resources was their local affiliates who provided real solutions that helped create communities that were socially connected, environmentally healthy, and economically sound; additionally, they enriched the communities they served and helped create opportunities for Americans to do beautiful things. She commented that KLB’s mission was to beautify Lake County by engaging and motivating their citizens to take responsibility for their community environment, and that KLB was a volunteer organization; furthermore, all of their events were successful because of the help of their volunteers. She relayed that through various community and educational events in the current year they logged 3,918 volunteer hours, collected 12.4 tons of waste tires and had them recycled, collected 27 tons of bulk trash from communities, and collected 19,000 pounds of litter from along their roadways, public spaces and lakeshores. She remarked that they were able to conduct 26 educational events and facilitated planting three community gardens that would help beautify their public spaces, educate their youth and help their environment and pollinators. She thanked the people and groups who helped them achieve so much in the current year, and she said that the support and encouragement they received from the County and their volunteers motivated them to keep striving to help provide a more beautiful community that residents could take pride in.

Commr. Parks thanked Ms. Dau and reiterated that there were nearly 4,000 hours of volunteer time from people in the community. He mentioned that anyone could be involved locally by participating in KLB programs.

Commr. Smith asked how one could be involved in KLB.

Ms. Dau replied that their events were listed on www.keeplakebeautiful.com, and that one could sign up for the Clean Up a Spot program. She added that they did corporate events, and that they supported the Adopt-a-Roadway and Adopt-a-Lake programs.

Commr. Smith encouraged everyone to get involved with KLB, opining that it was a wonderful program.

arpa update

Mr. Sean Beaudet, Grants Program Manager for the Office of Water Resources, said that the first new request was to assist with the construction of a new fire station in the Town of Montverde, noting that this new structure would replace the current fire station 85 and was related to Tab 6 on the current agenda; furthermore, the requested amount was $1,757,542. He stated that the second request was for the City of Fruitland Park public safety complex, relaying that this would be a joint use facility which would house Lake County Fire Rescue and the City of Fruitland Park Police Department; additionally, the requested amount was $2.5 million. He then showed the most up to date project list with proposed changes, which included the two new requests, as well as reallocating funds from the Supervisor of Elections building purchase, the remaining balance from the broadband study, and the Medical Examiner’s Office new facility. He commented that the requested action was approval to reallocate funds within the project list, as presented.

Commr. Parks pointed out that both of these changes were for two fire stations, and that they were great partnerships between the County and those municipalities. He clarified that the Town of Montverde fire station would serve a large part of South Lake, and he thought that it was a good sharing of costs for the population of Lake County.

Commr. Shields added that the funding was coming from projects that the County could not complete in time with American Rescue Plan Act (ARPA) funding.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to reallocate funds within the project list, as presented.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of October 10, 2023 (Regular Meeting) as presented.

citizen question and comment period

Mr. Jason Graham, Union President of Lake County Firefighters Local 3990, said that he would like to discuss the ambulance crisis which he opined that they were currently in. He recalled that Commissioner Campione had previously addressed some of the items that had been posted on their union Facebook page, and that she had opined that items had been posted to create concern and that the information was being posted erroneously with the intent to mislead residents in Lake County. He opined that Commissioner Campione was misleading the residents, and he expressed concerns for misinformation, opining that it was resulting in a staffing crisis with their ambulances. He stated that he had attended a meeting with Mr. Tommy Carpenter, Assistant County Manager, about a year prior, opining that Mr. Carpenter had said that the ideal number of ambulances needed on the road day and night was 25; however, he opined that this number had changed to 22 now that Mr. Carpenter had seen that their efforts to recruit quality candidates had failed. He opined that switching ambulance personnel to a 12 hour shift had resulted in further staffing shortages, and he opined that the way to immediately increase the number of ambulances on the road day and night to 22 was to switch ambulance personnel back to a 24 hour shift which meant that they would only require three shifts to staff an ambulance 24 hours a day versus the four shifts that they currently required. He opined that this had not occurred because there was an associated cost, and he hoped that the Board of County Commissioners (BCC) would do what was right for everyone.

Commr. Campione said that the items on Facebook started with a post that said that the County was closing a station, noting that she had contacted staff and found out that a station was not being closed down; however, this was being disseminated to people in the surrounding area and causing concern. She clarified that there were resources being shifted on that particular weekend, but that they found a solution. She opined that this was misinformation, and she recalled another item recently which opined that they were understaffed. She commented that she had asked for the numbers and was provided the following information: on November 17, 2023 there was no understaffing on the ambulances and they had 21 daytime ambulances, which was an enhancement to the system of one, and 20 ambulances at nighttime which was an enhancement of three to the system; on November 18, 2023, they had 20 ambulances with 18 at night, which was an enhancement of one; and on November 19, 2023 they had 21 daytime ambulances, which was an enhancement of one, and 20 nighttime ambulances which was an enhancement of three. She opined it was false to go on Facebook and tell people that they did not have adequate ambulances, and she said that her previous comments addressed that the information being put out by the union was misinformation. She commented that the County had a process if the union wanted to put a position forward, and she opined that some of the things that the union was requesting were items that would mean that they would receive additional perks, money, etc., and that they were couching this in terms of whether it affected public safety. She opined that these were items which were negotiated during union negotiations, and she expressed concerns for telling people that if the union did not receive what they were asking for, then individuals would be unsafe or not have coverage. She indicated that she would provide the information that she was provided to the public so that the public had accurate information, and she said that she was always happy to discuss ways to bring them together from the standpoint of what the union wanted and what the BCC was considering.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Item 1, 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.

lake county membership with american library association

Commr. Smith asked to move Tab 33 to before the consent agenda.

Commr. Campione said that this item had been raised at a previous BCC meeting, and the Board was asked to take this under consideration. She stated that a couple other Counties in the State of Florida decided to quit paying dues to the American Library Association (ALA), and that she wanted to bring this item back to the BCC to consider whether they wanted to do the same thing. She thought that at the heart of this item was that the ALA had been a large proponent of promoting questionable activities such as drag queen story time, etc. that did not line up with what she opined most people in Lake County thought should be occurring at a library. She indicated that she wanted to put this item on the agenda so that they could hear from residents and decide whether they wanted to terminate their membership and quit paying dues to the ALA.

The Chairman opened the floor for public comment.

Ms. Connie Hurlburt, a resident of Lake County, mentioned an article printed by Gateway Pundit which indicated that one used to have to opt in to receive unhealthy materials, and that it had been changed so that it was being received whether one wanted it or not. She opined that these books were sold at 120,000 book fairs across the country to children, and she also mentioned articles from the State of Oklahoma regarding textbooks; additionally, she expressed concerns for language in teacher’s books. She commented that she had seen a video opining how teachers had been indoctrinated over the years, and she expressed concerns that there was not any independent reporting for what the State of Florida was doing. She opined that there were many ways that they inserted their ideology into various aspects of government, and she hoped that the BCC would consider possibly doing an inspection because she did not believe that this was an isolated incident.

Mr. Vance Jochim, a concerned citizen, said that he had seen videos of the President of the ALA speaking at a national socialist conference and other events, opining that they were saying that they were going to take over the kids. He read a section from a handout which was circulating in other counties and other states where the dues were being eliminated for ALA which indicated that over a decade prior, the ALA started the rainbow project book list which aggressively pushed alternate sexual lifestyles and gender fluidity themes on children as young as three years old. He opined that these topics should not be taught or brought in front of kids of any age, at least below elementary level. He relayed his understanding that the Lake County School Board was aware of these issues, and he thought that they did what they could to reduce conflict on areas like this. He indicated his understanding that this was one of the ways that the librarians maintained professional contacts, and he thought that there possibly needed to be a way to issue a letter that they all signed to say that they understood these issues and were not going to support them in this County. He expressed concerns for denying anyone professional contacts within their community, but he opined that there needed to be a message sent that ALA practices should not be supported by this County.

Mr. John Labriola, representing the Christian Family Coalition, commented that his organization had been leading the statewide effort to get Counties, School Boards, etc. to cut ties with the ALA, and that a total of seven Counties had withdrawn funding; additionally, Counties in other states, along with State library systems and the State of Florida, had pulled funding. He indicated his understanding that the backup for this item only mentioned the ALA dues of about $1,300 per year, and he asked for the Board’s motion to also pull funding from the Florida Library Association (FLA), which was the state chapter affiliate, relaying his understanding that it was about $1,500 per year in dues. He opined that the FLA’s website indicated that they were promoting a similar agenda, and that in other Counties, staff had told Commissioners that there was no great benefit being received from this organization. He relayed his understanding that it included slight discounts that staff members received for attending conferences, and that they were still able to attend conferences.

A resident identified as Ms. Lyla recalled that 14 years prior, she and her colleague had found inappropriate books in the Leesburg Public Library, opining that the librarians were members of the ALA. She indicated that they had gone to the newspaper, and that this was followed up by an editorial and interviews with local City of Orlando television stations and Fox News, as well as being put on an agenda of the Leesburg City Commission. She recalled that the Leesburg City Attorney had told the City Commission that they could be opening themselves up to a large lawsuit with many financial issues, and that they had lost by one vote. She indicated that she had also met with the Lake County BCC 14 years prior, opining that they were sympathetic but were following the lead of the Leesburg City Commission and the advice of the Leesburg City Attorney. She read a quote from Mr. Ben Stein and also opined that the library was open to any ideological culture that wanted to put something there because no one was stopping it, adding that it may not reflect their American morals and that it was an incubator for children and the community.

Ms. Patty Kendrick, a resident of the City of Fruitland Park, indicated that she had seen displays at libraries that she was not happy with, and that she had found many books at the library for younger children which she opined were inappropriate. She thought that the County should not fund the ALA due to some of the items that they were promoting, along with the FLA, opining that it was about appropriateness and an agenda they were promoting rather than banning books.

Mr. Ken McCard, a resident of Lake County, opined that none of them wanted to be considered homophobic or bigots, but he did not believe that they wanted to be considered Marxists. He opined that the issue was not the ALA President’s lifestyle, but what she was promoting, how she was promoting it, and the position she was in to promote it. He expressed concerns for Marxism and opined that this was a small part of it, and he also opined that professional contacts were primarily dinners, free transportation, tourism, and seeing friends; additionally, he opined that this was not a reason to support the ALA.

Ms. Marie Dubois, a resident of Lake County, said that she did not want the County spending her tax dollars on this endeavor, opining that if they had extra funding, then they should fill potholes and place sidewalks around the school systems.

Mr. Andy Dubois, a resident of the Town of Howey-in-the-Hills, asked the Board to withdraw membership from the ALA, opining that they openly promoted the sexual indoctrination of children. He relayed that he did not want his tax dollars to go to any organization that did this, and he believed that this organization had migrated to this from promoting literacy, opining that it did not have a place in the public square. He opined that the amount of funding provided for memberships to these organizations was small; however, he encouraged the Board to make this political statement that this type of activity had no place in their public square.

Mr. Rick Carlins, a resident of the City of Fruitland Park, opposed any of his taxpayer money going to these issues. He expressed concerns for the communist agenda and for morals not being respected. He opined that this item would almost be moot if the FLA was not included because they were a branch of the ALA, and he read information regarding Pride Month in which the FLA affirmed the diversity of their library workers, library users, and members of the communities they served. He opined that the FLA agreed with this communist and degenerative lifestyle which he opined was destroying the fabric of the nation.

Mr. Mike Trainor, a resident of the City of Tavares, said that while he was against items such as drag queen story hours, inappropriate books in the libraries, etc., he would urge the BCC to consider why an association was formed with this organization. He questioned if benefits involved accreditation, credentialing for County employees, cost saving measures, or facility design programs. He asked for the Board to be conservative, stating that he was unsure if there could be unintended consequences.

Ms. Linda Butler, a resident of Lake County, expressed concerns for what they were allowing their children to be taught, opining that it was changing the minds of children and adults. She asked the Board to do something to stop 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 asked what the County received as a result of paying dues to an organization like this. She opined that literacy was a good agenda for a library to be promoting, but she expressed concerns for promoting their own philosophical agenda. She also did not feel like this was something that the County should be associated with, and she asked if there would be second and third order negative effects.

Ms. Barker responded that for the ALA, the County had received minimal grant funding in the past for the Astor Library for about $1,000. She added that it was used as a consortium to help with curriculum development for programming, and that there were discounts on training opportunities nationwide. She opined that the County could continue a successful library program without this membership.

Commr. Smith said that their libraries allowed anyone to visit and read the books that were there, and that this was not the issue; rather, he stated that the issue to him was an organization trying to promote an ideal onto other people. He indicated that one could receive those books online, and that he was in support of defunding the ALA.

Commr. Blake agreed, and he opined that the resources that the ALA was advertising on their website were not appropriate for young children.

Commr. Parks opined it was obvious that the ALA had gone beyond the mission of getting creative and factual books out there to an agenda. He opined that there was a false narrative by this organization and others that books were banned, and he relayed his understanding that Lake County, the State of Florida and the Federal Government did not ban books. He thought that what they wanted in Lake County was not to have it widely disseminated to children 18 or under, and he said that he supported the defunding.

Commr. Smith thanked the citizen who brought this item to the Board’s attention.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to support terminating any relationship with the ALA or the Florida Library Association (FLA).

recess and reassembly

The Chairman called a recess at 10:08 a.m. for five minutes.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Smith indicated that he had a comment card for Tab 17.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 23, pulling Tab 17 to the Regular Agenda, as follows:

COUNTY ATTORNEY

Recommend approval to advertise:

1. An Ordinance creating Section 2-5, Lake County Code, entitled Control of Access to County-owned, Controlled, and Leased Property. There is no fiscal impact.

2. An Ordinance repealing Section 14-4, Lake County Code, entitled Laser Beam Devices. There is no fiscal impact.

Pursuant to Board Policy LCC-102, adopted on August 29, 2023, concurrent with the adoption of any new code requirement, the Board of County Commissioners may repeal an existing code requirement to further the Board's objective to ensure that newly adopted code provisions do not increase the overall regulatory impact on the residents and businesses within the unincorporated county.

ADMINISTRATIVE SERVICES

Information Technology

Recommend approval:

1. To utilize State of Florida Contract 43230000-23-NASPO-ACS for Microsoft Enterprise Enrollment for the purchase of software licensing and associated assurance packages; and

2. Of the continued use of State of Florida contracts for future Microsoft-related purchases; and

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

The estimated fiscal impact is $658,007.94 (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.

HUMAN RESOURCES AND RISK MANAGEMENT

Recommend approval to advertise an Ordinance repealing and replacing Section 2-42, Lake County Code, entitled Criminal History Checks. These changes are required by Florida Department of Law Enforcement. There is no fiscal impact.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Recommend approval of the First Amendment to the Interlocal Agreement with the Town of Montverde for Fire Protection and Rescue Services to amend the construction timelines for new Fire Station 85. Commission District 2.

Planning and Zoning

Recommend approval:

1. To use Contract 22-546B with Kimley-Horn and Associates, Inc. for planning and zoning consultation services, to provide an Evaluation and Appraisal Report (EAR), which is required by the State every 7 years. A new EAR is due to the Department of Commerce on May 1, 2024; and

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

The fiscal impact is $130,492 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Fleet Management

Recommend approval:

1. To increase the expenditure limits of Contract 21-0722 for Genuine Parts Company d/b/a/ NAPA Auto Parts (Norcross, GA) for Lake County Fleet Management from a not to exceed $686,916 to $925,000; and

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

The estimated annual fiscal impact is $925,000 (expenditure) and will not exceed available funding in each Fiscal Year’s Budget.

Housing and Community Services

Recommend approval of a Sub-Recipient Agreement with LifeStream Behavioral Center for Community Development Block Grant Fiscal Year 2023-2024 to expand homeless services. The fiscal impact shall not exceed $125,250 (expenditure - 100 percent CDBG funded) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval of the annual Core Contract with the Lake County Department of Health. The Contract is effective from October 1, 2023, through September 30, 2024. The fiscal impact is $452,637 (expenditure of $321,312 in American Rescue Plan Act (ARPA) funding and $131,325 for in-kind services) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval of the Fifth Amendment to the Inmate Healthcare Services Agreement between Wellpath, LLC, the Lake County Sheriff's Office, and the Board of County Commissioners.

The fiscal impact is $619,868.73 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval of First Amendments to the CDBG Fiscal Years 2021-2022 and 2022-2023 Sub-Recipient Contracts with LifeStream Behavioral Center for their Hope House Shelter. There is no fiscal impact.

Recommend approval and adoption of Resolution 2023-150 approving the Operation of the Housing Finance Authority of Volusia County in Lake County to issue its Multifamily Housing Revenue Bonds to finance a Multifamily Residential Rental Project to be known as Southwinds Reserve Senior Living. There is no fiscal impact. Commission District 5.

Library Services

Recommend approval to adopt the Lake County Library System Combined Operating Budget and Annual Plan of Service for State Aid Funding for Fiscal Year 2024. The fiscal impact (revenue) cannot be determined at this time.

Parks and Water Resources

Recommend approval:

1. Of Contract 23-748 for Janitorial Services for Various Parks to American Janitorial, Inc (Umatilla, FL); and

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

The estimated annual fiscal impact is $81,600 (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.

Public Works

Recommend approval:

1. Of a Roadway Improvement Agreement with Richland Developers – Florida, Inc., to design, permit and/or construct a portion of the roadway improvements associated with Max Hooks Road. The estimated fiscal impact is $4,929,625.11 in impact fee credits in the South Transportation Benefit District; and

2. Of a Maintenance Map of Max Hooks Road, located between State Road 50 and Cathedral Lane in the Groveland area.

The fiscal impact is $102 (expenditure - recording fees). Commission Districts 1 & 2.

Recommend approval:

1. To increase the expenditure limits of Contract 22-711 for Roadside Mowing and Litter Removal Services with Aero Groundtek, LLC (Ocoee, FL) from a not to exceed $446,558.32 to an estimated annual fiscal impact of $700,000; and

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

The estimated fiscal impact is $700,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Annual expenditures will not exceed available funding in future fiscal years.

Recommend adoption of Resolution 2023-151 designating the roads within the Mount Plymouth community as appropriate for the operation of golf carts and recommend repealing Resolution 2015-34.

The estimated fiscal impact is $500 (expenditure) and is within, and will not exceed, the Fiscal year 2024 Budget. Commission District 4.

Recommend adoption of Resolution 2023-152 to advertise a public hearing to vacate platted right of way located north of Old Highway 50 and south of the Florida Turnpike. The closest municipality is Clermont.

The fiscal impact is $2,295 (revenue-vacation application fee) and is within the Fiscal Year 2024 Budget. Commission District 2.

Recommend adoption of Resolution 2023-153 accepting Crestavista Avenue "Part" (County Road No. 0654), Syracuse Drive "Part" (County Road No. 0656), Erice Avenue "Part" (County Road No. 0655A), and Scicli Way (County Road No. 0658C), as contained in Ridgeview Phase 4, into the County's maintenance system.

These roads, totaling 0.71 miles, have an Annualized Average Maintenance Cost Impact of $16,747.36 per year or $334,947.18 over a 20 year life cycle. This is based on current costs for road maintenance efforts including road surface, curb and gutter, drainage systems, sidewalks and roadway tree trimming.

The estimated annual fiscal impact is $16,747.36 (expenditure), which is within the Fiscal Year 2024 Budget and will be included in future year budget requests. Commission District 1.

Recommend approval:

1. Of Change Order #1 for the County Road (CR) 48 Guardrail Replacement Project No. 2023-05; and

2. Of a budget transfer in the amount of $168,174 in the Infrastructure Sales Tax Fund from Infrastructure to Resurfacing.

The fiscal impact is $168,173.23 (expenditure). Commission District 3.

Recommend adoption of Resolution 2023-154 and the execution and recording of a County Deed for conveyance of public right of way to the Florida Department of Transportation (FDOT) for road improvements on a portion of State Road 50 in the Mascotte area.

The fiscal impact is $27 (expenditure - recording fees). Commissioner District 1.

tab 17: lighting services agreement with duke energy one

Ms. Barker explained that this item was to install and maintain the street lighting along Wellness Way from United States (U.S.) Highway 27 to Five Mile Road. She added that the initial capital investment from the south district road impact fee fund was $1.2 million, and that it was included in the fiscal year (FY) 2024 budget; additionally, the annual fiscal impact for maintenance was $9,048, which would initially be paid out of the gas tax fund for the first two years until they had the municipal services taxing unit (MSTU) rate for the Wellness Way area established and on the tax roll. She clarified that it would just be that area which would be paying into the MSTU, and that the approximate $9,000 annually would then be covered through those tax revenues.

Commr. Parks reiterated that no one who was living in a different part of the county would be paying for this.

The Chairman opened the floor for public comment.

Mr. Jochim said that he had noticed a trend of escalating costs that the impact fees, which were allocated for different projects, may not be adequate for anymore. He asked if there were analyses to determine if the impact fees were generating enough funding that they were not having to subsidize or delay things because the rates were no longer adequate. He was unsure if there were escalators in the recent impact fee study for cost of living, purchasing index cost increases, etc., and he suggested to have a process to evaluate whether they were breaking even on impact fees for particular projects; additionally, he also opined that they needed to have escalators and ensure that they had adequate coverage with impact fees. He recommended that when the County had a project of $1 million or more, to have a formal process to show a break even analysis and if they would generate enough revenue to fund the whole project, opining that maintenance would also need to be evaluated.

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

On a motion by Commr. Parks, seconded by Commr. Shields and carried by a vote of 4-0, the Board approved to enter a Lighting Services Agreement with Duke Energy One, Inc. to install and maintain street lighting along Wellness Way from U.S. Highway 27 to Five Mile Road.

Commr. Blake was absent for the vote.

public hearings: REZONING

rezoning regular agenda

Tab 1. Ordinance No. 2023-68

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. Ordinance No. 2023-69

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. Ordinance No. 2023-70

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.

hurley environmental park

Commr. Smith asked the Board to disclose any communication with the applicant or members of the public about any zoning cases on the current agenda.

Commr. Shields said that he had a quick phone call with Representative Keith Truenow.

Commr. Parks mentioned that he had a brief discussion with Representative Truenow, as well as Mr. Carl Salafrio, with Barge Design Solutions and representing the applicant.

Commr. Campione remarked that she had answered some emails, and that she had contacted Mr. Robert Hendrick, Lake County Water Authority (LCWA) Board Chairman, about the use of Shelley’s Septic Tanks trucks; furthermore, it was stated that this was a financial decision because the trucks were nearby and were able to be used for this purpose to move the alum residue to this site. She relayed that the information on the trucks had to be left by law but that they were clean and had nothing to do with biosolids, noting that they were picking up and moving dumpsters which contained alum residue. She also mentioned that she spoke with Representative Truenow regarding clarification about the balance of the property, the grant being sought, and the nature of the environmental project that they wanted to do. She said that she wanted to understand his plans for the warehouse units and the timeline on this.

Commr. Blake relayed that he did not have any ex parte communications and that he just had the initial conversation with Representative Truenow.

Commr. Smith stated that he spoke to Mr. Rick Donohue, a LCWA Board member, Mr. Hendrick, Mr. Vince Seibold, with Sustainable Water Infrastructure Group, Mr. Salafrio, and many residents in that area; additionally, he received many emails. He noted that one of the concerns was about the dumpsters, and he displayed images of what they looked like, along with a Shelley’s Septic Tanks truck with a LCWA emblem on the front. He also displayed an image of a new dumpster purchased by Shelley’s Septic Tanks for the LCWA, as well as images of a dumpster containing alum residue. He clarified that the purpose of these containers was only for the alum residue, and that the only reason why the Shelley’s Septic Tanks name was on the trucks was that it was a Florida Department of Transportation (FDOT) regulation that when a commercial driver's license (CDL) driver was pulling a container, it had to have the registered name of the vehicle on the truck so that the public should not have concerns about where the dumpsters were coming from.

Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, stated that the agenda items had been advertised per Florida Statutes. He mentioned that the three items on the rezoning agenda were related, and he requested the Board’s direction regarding presenting Tabs 1, 2 and 3 at once.

The Board relayed consensus for presenting Tabs 1, 2 and 3 at once.

Mr. Fitzgerald presented Tab 1, Comprehensive Plan Map Amendment – Economic Development Overlay District Map 20, noting that it was a small-scale amendment to the Economic Development Overlay District Map 20 of the future land use (FLU) map series to remove approximately 49.36 acres from the Economic Development Overlay (EDO) District. He elaborated that the 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 said that this proposed amendment would support the expansion of the options for future development by removing the limitations of the EDO District; additionally, the surrounding properties to the south and east were outside of the EDO map. He mentioned that the Planning and Zoning Board recommendation was approval of this item by a vote of 6-0. He then presented Tab 2, Rezoning Case # FLU-23-06-3, Hurley Environmental Park Comprehensive Plan Map Amendment, indicating that this proposal was to amend the FLU map to change the FLU category on 49.36 acres from Rural to Industrial; additionally, the Industrial FLU allowed for manufacturing, wholesale trade, limited commerce uses, railyards, civic uses, utilities, and public order and safety uses. He indicated that the proposed amendment was consistent with the existing and proposed nearby land uses, which were similarly being used as industrial and agriculture uses. He added that this amendment was to support the development of the program for the Hurley Environmental Park, which was a water quality treatment facility processing byproducts from the treatment of surface and groundwater and recycling those materials into water treatment material to be used at a later date. He elaborated that phase two of the project was approximately 50 warehouses for small business growth, and that the Planning and Zoning Board recommendation was unanimous. He then presented Tab 3, Rezoning Case # RZ-23-04-3, Hurley Environmental Park Rezoning, which was a proposal to rezone approximately 49.36 acres from Agriculture to Planned Industrial (MP) to accommodate the Hurley Environmental Park; additionally, this item would also amend Ordinance 2005-17 to remove 84.38 acres from the mining site plan overlay, which included the 49.36 acres being rezoned. He relayed that staff found the rezoning application and amendment to Ordinance 2005-17 to be consistent with the Land Development Regulations (LDR) and the Comprehensive Plan (Comp Plan), and that the remaining 35 acres of property being removed from the mining permit would remain zoned as Agriculture with a Rural FLU.

Commr. Campione asked how it would be clarified that the material which could be processed there would only be the type of material that came from an alum treatment facility.

Mr. Fitzgerald replied that the language in the ordinance was changed to specify that the byproducts were from surface and groundwater. He indicated that an allowable use was a water quality treatment facility intended to focus on alternative treatment methodologies that comply with State and Federal water quality regulations, and that waste products will be recycled into usable water treatment materials. He added that the facility shall only process water treatment residuals from the treatment of surface and groundwater.

Mr. Salafrio indicated that this issue was fine with the applicant, and that the only item he struck from the original language was a requirement for the material to come from the Nutrient Reduction Facility (NuRF). He said that they wanted to ensure that if the NuRF ever went offline, they could bring products from other places in but meet the same criteria.

Commr. Campione inquired if it would still be surface water and groundwater treatment.

Mr. Salafrio confirmed this and added that there would be no biosolids, etc.

Commr. Campione indicated that at the previous meeting, one item that came up was the height of berms which would be used to create a buffer. She asked to address this language, and she relayed her understanding that there would be two different types of berms with one being 20 feet wide and 10 feet high along the property line adjacent to nonresidential uses, and the other would be 30 feet wide with a minimum height of 15 feet along property lines adjacent to residential uses.

Mr. Salafrio stated that this was already in the ordinance and that they were amicable with it.

Commr. Campione mentioned an issue that a resident had raised regarding how trucks would come and go the property, and she pointed out that the applicant had to do a transportation study.

Mr. Salafrio said that this was correct, and he relayed his understanding that they would have a turn lane. He thought that it was likely that they would have one entrance in and out, and he relayed that there were currently two driveway cuts for the SWIG facility. He stated that through the development rights certificate (DRC) process they were going to do another traffic study and an analysis of what the traffic improvement needed to be, and that they would do what the County required.

Commr. Campione inquired what route they anticipated for the trucks based on what they were already doing.

Mr. Salafrio explained that the trucks were currently coming out of the NuRF, making a left at the corner onto CR 448A, and then making a left into the facility. He thought that there would be a right turn lane into the facility, and he relayed that they had discussed a turn lane with the Public Works Department.

Commr. Campione commented that the ordinance provided for well and septic tanks for the warehouse units, but they would have to use central utilities at such time as they were available. She mentioned that the County was promoting the new Onsyte distributed wastewater treatment systems (DWTS) as part of water quality restoration in Lake County as an alternative to septic tanks; additionally, the State considered DWTS as central sewer because of the amount of nitrogen and phosphorus that was removed. She said that it seemed like they should be using the DWTS at the subject property, and that the language would need to be changed for this. She remarked that wells would be permitted by the Florida Department of Health (FDOH), but the DWTS was through the Florida Department of Environmental Protection (FDEP) and the County. She opined that it would be a good place to have this if they were going to have 50 units up to 5,000 square feet each at buildout. She clarified that Representative Truenow’s plan was not to build out these warehouse units at the same time or in the immediate future; rather, he was looking down the road as he phased out of his farming uses, and that it would likely be five units when he started it. She relayed her understanding that DWTS seemed to be something that could work well in this situation.

Mr. Salafrio relayed that they were committed to a more advanced treatment system. He said that they also discussed phase two of the project, which put the balance of the property in conservation. He indicated that they were onboard for any suggestions that County staff had for advanced treatment systems.

Commr. Campione commented that the cost of DWTS was comparable to a current septic tank, and that there would be an ongoing monthly bill of about $50 or $60; however, the onus for any issues was on the utility rather than the owner.

Commr. Parks added that DWTS would treat it at a municipal level.

Commr. Campione opined that the County would ideally want to be doing this throughout Lake County on any lakefront or environmentally sensitive property, or any property which did not have access to a central sewer system.

Mr. Salafrio said that the nature of the subject property was about recycling, environmental awareness, etc., and that they were interested in installing the most advanced system they could.

Ms. Melanie Marsh, County Attorney, asked that since this was a continuation of the first public hearing, was the Chairman allowing comments on the entire project or the proposed changes based on what was said at the first meeting.

Commr. Smith indicated that it would only be comments on the proposed changes. He thought that the comments were on the record from the previous presentation, and that a resident could provide a new comment about the changes.

The Chairman opened the public hearing.

Ms. Lauren Ritchie, a resident on CR 448, indicated that the ordinance currently stated that biosolids were prohibited, but the Oxford Dictionary defined biosolids as “organic matter recycled from sewage.” She indicated that she would like something to say that any raw or treated human waste, or mixture of human waste and other matters, also be prohibited. She indicated that her goal was that if the project was not completed, then Shelley’s Septic Tanks would not have a large place to spread sewage.

Mr. George Wiggins, representing the Tangerine Improvement Society and residents near Lake Jem, expressed concern for compatibility, opining that 80 percent of the boundary of the property was rural agriculture. He also expressed concerns for odor, which was not brought up at the current meeting, and the issue of precedence to allow similar projects in the future on CR 448. He also relayed concerns for traffic, opining that a traffic study should have already been done.

Mr. Thomas Hurlburt Jr., a resident of Tangerine whose address was in the City of Mount Dora, said that they had dealt with other plants in the area, and he expressed concerns for odor. He questioned what was going to happen, and he expressed concerns for building one of these facilities when others had closed.

Ms. Mari Rodrigues, a community member in Beauclair Ranch Club, indicated that her community had concerns about this industrial park which could affect their quality of life and property values. She expressed concerns that these projects contradicted the County’s 2030 Comp Plan by switching the zoning from Agriculture to Industrial. She added that her community resided in the Yahala-Lake Apopka Rural Protection Area (RPA), and that this project was only 660 feet away. She relayed her understanding that the Comp Plan aimed to preserve rural life, protect wildlife, and safeguard the aquifer, opining that this project’s industrial zoning change was an issue as it negated sustaining the natural environment that the Comp Plan sought to protect. She relayed the following concerns: limiting operational hours with no weekend operations; only allowing treatment of alum flock and capping the amount; mandating noise reduction and installation of sound berms; mandating light reduction at night; prevention of any foul odors; restricting septic systems for tenants to one system; proper storage for pollutants from tenants; implementing a water pump system to mitigate fire risks from flammable debris; addressing runoff discharge and proper retention; and prohibiting undisclosed future uses, noting that her concern was biowaste.

Ms. Li Darbie Stahl, a resident of Lake County, displayed a memo from an environmental consultant, opining that the applicant had anticipated 100 warehouses. She questioned where there was room for septic and drain fields in this area, and she opposed the property being rezoned to industrial. She mentioned that they had said that the buildings would be a maximum of 75 feet tall, and that at the previous meeting the applicant had requested a two story maximum.

Commr. Campione confirmed that this had been changed.

Ms. Nicole McFarland, a resident near Lake Lena, opined that there was plenty of warehouse space at the other end of Jones Avenue, and she showed a map of where the site was being proposed. She expressed concerns for traffic, and she displayed another map of the area. She opined that it was dangerous at the end of Jones Avenue and Sadler Road, and she mentioned that her community was currently zoned for one house per five acres; additionally, she expressed concerns that there would be 250 vehicles for 50 warehouses with five parking spaces each. She indicated concerns for trucks dropping off items, the impact of increased traffic, sewer not being available, trash and dumpster pickup, and retention pond layouts. She relayed that area of road that she opined was high traffic was the Green Mountain Scenic Byway, and she provided information about the byway. She opined that they were not ready this for this, and that the property should not be changed from agriculture to industrial. She then expressed concerns for wildlife and surrounding wetland impacts.

Mr. Jeffery Casey, a resident on Sadler Road, expressed concerns for traffic, and he commented that he had witnessed Lake County and Orange County’s issue with enforcing the 10 ton weight restriction on Sadler Road. He indicated opposition to odors, traffic and anything related to the weight overage. He asked if the BCC could direct the Lake County Sheriff’s Office (LCSO) to explore an electronic solution to know if a truck should not be on CR 448.

Commr. Smith relayed that he could discuss this with the Lake County Sheriff.

Mr. Eitan Aharoni, a resident on Lake Jem, read a statement on behalf of his neighbors. He believed that the owners of the subject property had a right to develop their property; however, he opined that the project was somewhat out of scale and raised multiple environmental impact issues such as traffic, toxins, well water, etc. He opined that CR 448 was a busy road and had many traffic accidents, noting that it was a two lane highway without space for a bike lane. He relayed his understanding that the road was part of a scenic route and that the County had promised not to widen it, and he commented that the S-curve near his home had a speed limit of 35 miles per hour (MPH), though they regularly saw motorcyclists at speeds closer to 100 MPH. He added that they also saw daily violations by heavy equipment traveling between CR 448A and U.S. Highway 441 when the road was restricted to 10 ton trucks. He commented that a traffic report mentioned that there would be an estimated 843 daily truck traffic from the project, and that many trucks would be traveling on the road he mentioned. He expressed concerns for adding additional trucks, and he asked if the BCC would consider the following three conditions: no vehicular traffic generated from the project shall be allowed to utilize CR 448 in the segment he mentioned; no toxic or human waste processing shall be allowed on the subject property; and an environmental study should be prepared addressing the true long term impacts, including the impact on water resources and the sewage.

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

Commr. Parks asked about the concerns regarding assurance that there would be there no sewage or human waste distributed on the site.

Commr. Campione mentioned that the ordinance said that biosolids were prohibited and were defined as “liquid, semisolid or solid organic matter fractions recovered from a sewage treatment process.” She indicated that the BCC could add that it specifically prohibited human waste or any mixture containing human waste from being processed on this property.

Commr. Parks proposed to add grease trap waste as well, either treated or raw, expressing concerns about the odor. He also indicated interest in the DWTS for the septic.

Mr. Salafrio said that he was amicable with this.

Commr. Campione clarified that DWTS was considered a central sewer system, and that there would not be septic systems.

Commr. Smith reminded everyone that this project was one of a kind in the State of Florida where they were taking a residual from the NuRF and bringing it to the subject property so that they could mix it with material to create wetlands to help further enhance the natural resources in Lake County.

Mr. Salafrio confirmed this and mentioned that this technology was going to be used in other counties and in Lake County to enhance water quality. He added that it was a showcase project and that they wanted people to see it and understand what they were doing. He also commented that the buffering and the enhanced septic system were in line with what wanted it to be.

Commr. Smith relayed that this had been a long process done by professionals to ensure that they had the best quality which would help the entire ecosystem of the county and the state.

Mr. Salafrio said that phase one and two of this project had been in planning for almost 15 years.

Commr. Campione wondered about where the property was located in relation to Jones Avenue, relaying her understanding that this would be the route out to U.S. Highway 441.

Mr. Salafrio confirmed this.

Commr. Campione then relayed that any traffic bringing material from the NuRF would have to go to CR 448 to go to the NuRF and then come back. She said that for the future warehouse use that was proposed, there would not be details currently because it had to go through a full site planning process for impervious surface area (ISR), stormwater retention, and the location of the sewer system, noting that all of this would have to be addressed during the site plan approval. She added that the Board was currently seeing a conceptual plan, and she thought that the 100 unit reference said that they would be 2,500 square feet and that the 50 unit reference was that they would be no more than 5,000 square feet. She mentioned that they were indicating a maximum of 250,000 square feet, and she was unsure if they would ever be able to have that much, noting that it was just conceptual. She opined that there could be a significant amount of traffic associated with agricultural uses, along with many impacts to the environment and the surrounding areas. She opined that she was seeing this as comparable and less intensive because it was a water quality project, though there was also the future warehousing use. She said that there was a requirement that an environmental assessment had to be done within six months of the application for the site plan approval, and that anything threatened on the property would have to be protected. She commented that there was a provision that the building could not exceed 35 feet, and that there was a requirement that outdoor mulching or processing was not allowed on Saturday or Sunday. She opined that they had addressed the biosolids language, and she stated that any staging of materials could not be within the setbacks and could not be over 20 feet. She reiterated that the buffers must be 10 feet high on one portion and 15 feet high on another portion, and that the wastewater system would be a central system using a DWTS. She thought that they addressed the concerns.

Commr. Shields commented that they had to find a place to treat the alum and that it seemed like a good solution, but he was concerned that without a traffic study for the additional warehouses, they did not know what the impact would be on that road network. He was unsure if the County could approve them separately.

Commr. Smith clarified that the applicant had to go through the County’s permitting process and follow the laws within Lake County to ensure that they did a traffic study which coincided with what they were doing there. He confirmed that this was just a conceptual plan and that the warehouse space could potentially be reduced dramatically. He added that it did not mean that each warehouse would have a bathroom, and he thought that the current item was for land use; furthermore, the permitting of the warehouses would be a separate issue.

Commr. Shields opined that it was challenging to make a change to the Comp Plan without knowing what would actually occur.

Commr. Campione opined that heavy agricultural uses could generate much traffic, activity and impacts, and that a warehouse project was likely less intensive than what one could do if the land use was left how it was currently. She opined that it made more sense because they had a direct route to U.S. Highway 441, and she felt that the traffic study would determine if there had to be additional improvements to accommodate safety issues and getting traffic in and out. She mentioned that this was not a Shelley’s Septic Tanks-like project or a biofuel project, clarifying that this was a water quality project; additionally, the technology had the potential of being used around the state. She commented that alum was already used, but with this project they were taking what was left of alum used in a facility and using it to further pull nutrients out of the water that was then finding its way to the Beauclair Canal, Lake Beauclair or the chain of lakes.

Commr. Smith added that 80 percent of this land was currently conservation.

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved Tab 1, Comprehensive Plan Map Amendment – Economic Development Overlay District Map 20.

Commr. Shields voted no.

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved Tab 2, Rezoning Case # FLU-23-06-3, Hurley Environmental Park Comprehensive Plan Map Amendment.

Commr. Shields voted no.

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved Tab 3, Rezoning Case # RZ-23-04-3, Hurley Environmental Park Rezoning, with the following modifications: the requirement for a DWTS; and adding biosolids language that clarifies that no human waste, raw or partially treated, or grease trap waste, could be brought to the property for processing.

Commr. Shields voted no.

LIFESTREAM BEHAVIORAL CENTER ANNUAL UPDATE

Mr. Rick Hankey, President and CEO of LifeStream Behavioral Center, explained that LifeStream provided a comprehensive array of behavioral health services in Lake County and that they likely had one of the most comprehensive systems of care in the State of Florida. He relayed that they provided services from prevention and intervention in the communities, up to their acute care services which included their psychiatric hospital. He stated that they serviced over 26,000 people each year and that only about 5,000 of those individuals went through their psychiatric hospital; therefore, the majority of people they serviced went through their system of care and the different services they provided. He also indicated that their goal was to keep people out of the hospital and provide services in the communities, and that the County invested about $1.4 million which yielded about $55 million in services to the residents of Lake County. He expressed appreciation for the funding they received from the County, and that they realized that to have a comprehensive system of care, they had to seek funding from other sources; therefore, they sought funding from the Federal and State levels, along with working with commercial insurances. He mentioned that a large portion of their population was indigent individuals, and that they looked for other way to bring services into Lake County. He said that they had counselors and therapists in schools, that LifeStream was in prisons, and that they provided residential detox services. He added that they had residential services for the elderly and for people who were unable to live on their own due to behavioral health issues, noting that LifeStream provided housing for them in different locations in Lake, Citrus and Sumter Counties. He said that they also provided medical assistive treatment services for individuals who may have a substance misuse issue, and that they were able to bring new services to Lake County including opening 16 beds to serve the youth in South Lake who had behavioral health issues such as substance use and mental health, noting that they worked with the family as well as the child. He said that they were also able to open a mental health residential level one, which was for people who were severely mentally ill, noting that it was located in South Lake. He commented that their goal was to keep people out of the state hospital and that LifeStream worked with individuals for up to a year in this residential program to give them the skillset, knowledge and other resources to be able to stay in the community. He relayed that they were able to open a mental health forensic residential program, noting that many people in the jail system were receiving mental health treatment, opining that this was not the appropriate place; therefore, through this program LifeStream was able to work with the jail system and the state hospitals to get people into their residential program and work to get them back into the community. He said that LifeStream received a federal grant to move them toward a certified community behavioral health center, noting that this was the standard for their field and that they were the only Florida based organization that received the grant. He explained that it allowed them to review their system of care and bring in items such as care coordination; additionally, in January 2024 they would begin same day services for the people of Lake County. He said that it also allowed them to provide care management so that when people were discharged from their hospital or several of their other programs, they could continue to provide care management to ensure that all of the resources continued in the community. He then listed the following new services that LifeStream was anticipating for the new fiscal year: opening a 20 bed crisis stabilization unit in South Lake; bringing on an additional 24 beds for residential; bringing on another residential program for 16 beds in their hospital campus; beginning planning for a new substance abuse facility with 32 beds in the City of Leesburg area; and just started human immunodeficiency virus (HIV) intervention services in Lake County. He also provided the following statistics: served over 17,000 Lake County residents in the previous fiscal year; about 5,000 residents were evaluated in their Baker Act receiving facility; provided over 335,000 episodes of care, with over 95 percent being for the indigent population; had 19 different service locations in Lake County; had 460 employees who lived in Lake County; and had an economic impact of about $390 million. He said that some of the challenges they faced included the following: workforce, specifying that there was a shortage of nurses and licensed therapists; cost of living, noting that it had increased and that the per capita spending for behavioral health in the State of Florida was among the lowest in the nation and that their area was among the bottom 25 quartile in the state for per capital funding; opioids and fentanyl, stating that there was an increase in the number of people brought to them under the Baker Act with fentanyl in their systems, along with issues with prescription drugs; and post-coronavirus disease 2019 (COVID-19) behaviors, relaying that the pandemic created behavioral health issues. He said that LifeStream had already submitted a request for a roughly $81,000 increase to their budget, which would result in a contract of about $1.4 million; additionally, they also asked that the County consider utilizing the new opioid settlement funding to help expand services by building a new facility with an additional 32 beds for opioid disorders. He added that they were also looking to renovate their academy and convert it to a 32 bed residential program, opining that there was much need for residential beds.

Commr. Parks asked how the opioid settlement affected other expenditures.

Ms. Barker believed that the County had currently collected slightly over $2 million, and she mentioned that there was an opioid task force; additionally, she could send this request to the task force.

Ms. Marsh added that the current plan approved by the Board and accepted by the task force was to use this funding for a drug court. She believed that 100 percent of the funding had been allocated for the drug court, though this was not to say that they were unable to change that plan.

Commr. Campione said that to have a drug court, they needed a place to send people to receive help. She opined that this was something that the task force needed to consider because the idea was to divert people from incarceration and provide the help they needed.

Mr. Hankey stated that LifeStream had already spoken to the task force and that they were part of the task force and the Public Safety Coordinating Council. He said that the plan had already been approved, but that it would be for future consideration. He relayed a concern that LifeStream currently had 16 residential beds and if this would be enough if they increased the number of people they would be seeing.

Commr. Parks wondered if it would behoove them to consider this in a workshop in the following year and if there was something that the County should be doing. He added that they could receive data for who else in the County was helping LifeStream so that the BCC had an understanding of what the deficit was to meet the need.

Commr. Campione thought that it was a good topic to delve into to understand what other programs were out there in addition to LifeStream, as well as what gaps the County could possibly help fill. She thought that it was an important item for the Board to be considering and hopefully facilitating other avenues and approaches for people to receive help.

Mr. Hankey relayed that around May 2023, he had done a workshop for the Citrus County BCC and that it was well-received; additionally, LifeStream was able to create a comprehensive strategic plan for the future.

Commr. Smith thought that the Board could set something up for a workshop.

Commr. Campione said that the care management and same day service intrigued her, noting that if someone had a mental health crisis, then they would want them to receive help immediately. She expressed concern for someone reaching out for help but not being able to be seen for six weeks, and she said that she wanted to be part of that solution working with LifeStream.

Mr. Hankey commented that he had made a pledge to LifeStream’s Board of Directors and their staff that he wanted to be more of a community partner so that they could come up with solutions before issues occurred. He mentioned that LifeStream was looking at its inventory of services to see what was working and how they could use their teams so that they could provide the best services.

PRESENTATION from fdacs ON SCAMS, FRAUD AND CONSUMER RIGHTS

Ms. Barker stated that she did not see anyone from the Florida Department of Agriculture and Consumer Services (FDACS) in attendance and that the Board could move to the next agenda item.

UPDATE FROM FLORIDA DEPARTMENT OF HEALTH

Mr. Aaron Kissler, Administrator/Director/Health Officer for the FDOH in Lake County, commented that Lake County moved up in their health rankings, noting that in the previous year they were ranked at number 26^th in the state; however, they were currently at number 22. He thanked the County for working on renovating the FDOH’s building and finding solutions for temporary space. He said that the FDOH still had many locations besides the location in the City of Eustis, and that the FDOH was experiencing similar issues as LifeStream Behavioral Center such as recruitment of medical personnel, increasing costs, etc. He stated that the FDOH had several assessments they did throughout the year for their accreditation process, and he mentioned their community assessment that they did with the hospitals, noting that this one had been done with AdventHealth Waterman, Orlando Health South Lake Hospital and Community Health Center; additionally, they also worked with the University of Florida (UF) on one. He commented that this assessment just came out and had facts about Lake County such as showing their growth and some of the health issues that they were facing. He commented that the FDOH wanted to include individuals from the County, as well as anyone that the County would like to invite to their community health improvement process, noting that they were starting a new process which would have three to five objectives. He mentioned that it would be easy to stay in line with their State health improvement plan, noting that it was broad and included infectious and chronic diseases; additionally, leading causes of morbidity and mortality were in the health improvement plan. He remarked that Lake County was chosen to represent large counties for the State health improvement process, and that community outreach had been going great. He added that they participated in over 60 events including the senior expo, Pig on the Pond, Day at the Park, and Water Safety Day. He mentioned that the FDOH would like to attend events to do health prevention and education, and he said that they received a general revenue amount per year from the State; furthermore, this amount was calculated back when Lake County was in the low or mid-200,000s for their population. He stated that Lake County had increased in population and that the State had increased their general revenue distribution to Lake County by $400,000 per year; therefore, the FDOH would receive an additional $400,000 per year and this would help them with some costs with medical professionals, salaries increasing, etc. He mentioned that they received a grant from the Centers for Disease Control and Prevention (CDC) for public health infrastructure for building, training and outreach; additionally, the grant would be about $160,000 per year for the next five years. He added that this grant would assist them with navigation of services, noting that they had many services that individuals sometimes did not know about or did not know how to get enrolled into. He commented that they had a team of six Supplemental Nutrition Assistance Program - Education (SNAP-Ed) nurses who would be an addition from the State at no charge to help provide registered nurse (RN) services in schools, noting that they could serve in special needs shelters as well. He mentioned that they had a Medical Reserve Corps (MRC) in Lake County, and that they were recognized nationally. He relayed that they were also recognized by the Florida Public Health Association for their breastfeeding referral app, and that they would be expanding their vital records office to their City of Leesburg location. He said that they had a great response to Hurricane Idalia with the Office of Emergency Management and the municipalities, and that they had opened two special needs shelters. He stated that they would continue to provide core public health services and meet with the BCC. He also indicated that the FDOH was in conversations with Mr. Hankey, noting that there may be some funding available. He elaborated that it would be great if Lake County would be eligible for the CORE Network program or additional items in the following year because substance abuse and mental health had ties to many public health issues.

yellow dot program presentation

Commr. Smith asked to move the regular agenda Tabs 31 and 32 before the public hearings because individuals were present who wanted to speak.

Commr. Parks requested to address Tab 32 at the current time. He said that he had a good meeting with Mr. Art Kiminski, representing the Disabled American Veterans of Lake County and the Knights of Columbus of Leesburg, and Mr. George Wanberg. He indicated that he was inspired by a great program which was easy for Lake County to do, and he noted that the County emphasized public safety.

Mr. Kiminski stated that the State of Alabama had started the Yellow Dot Program, and he played a video which Broward County had done when they promoted the program in that county. The video explained that the Yellow Dot Program was a free program designed to assist first responders with vital passenger medical information after an automobile or motorcycle crash, and that the information provided may help first responders make better decisions which could help save one’s life. The video indicated that the decal on the back window of a vehicle, or in a clearly visible location on a motorcycle, alerted first responders that there was vital medical information in the glove compartment. The video also encouraged everyone who regularly rode in the vehicle to also fill out a pamphlet. Mr. Kiminski then stated that this was a national program which about 22 States, including the State of Florida, had adopted, and that the State of Florida had made it a County initiative to implement the program. He listed Counties which had adopted the Yellow Dot Program, and he reiterated information about the program. He added that they insisted on having a photograph so that first responders could identify an individual positively, and that all of the information was provided by the participant. He recounted an experience with this program regarding one of the Knights of Columbus of Leesburg in which information was provided to emergency room personnel, noting that an emergency room or a first responder did not know an individual and had to treat them conservatively; however, if they knew which medications an individual was on, as well as special medical conditions, then they could be more aggressive and help save one’s life. He opined that the program did not cost much funding, and said that the Knights of Columbus and the Disabled American Veterans of Lake County had been doing presentations about this in civic groups and homeowners associations (HOAs). He indicated that they were trying to get the program implemented in Lake County, and he relayed that his groups provided the folder and the decal at those meetings. He requested to officially adopt the Yellow Dot Program in Lake County and to make it part of the training program for first responders. He added that they would also like to stock these supplies at fire stations and libraries, and he relayed his understanding that Commissioner Parks was interested in getting this out into the Central Florida Expressway Authority (CFX) counties so that they would have broader coverage. He reiterated that the Disabled American Veterans of Lake County and the Knights of Columbus had been explaining this program to people and would like to continue doing this, adding that they had a network throughout the state which could assist with this.

Commr. Parks thought that this would be good for Lake County and that there would be little cost. He reiterated that Mr. Kiminski was providing the people who wanted to help promote the program, and that Mr. Kiminski just needed the Board to adopt and endorse it. He also thought that it would be easy to include in their libraries and other public spaces, and that it could save lives.

Mr. Kiminski added that there was a statute which went into detail on how to implement it and provide the brochures.

Commr. Smith asked if this would be an ordinance.

Ms. Marsh responded that the statute did not require an ordinance; however, it required that procedures and guidelines be adopted, especially to protect confidential information. She thought that the Board could adopt it on the current day and then staff could bring an ordinance back if needed.

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to adopt and promote the Yellow Dot Program.

basin management action plan presentation

Commr. Parks said that this item was a follow up to the Board’s recent Basin Management Action Plan (BMAP) discussion, noting that some goals had been presented. He added that the purpose of the current item was to expand on this and provide information to the Board, opining that meeting these BMAP goals could be a serious issue long term for the Board; additionally, the goals were mandatory and could potentially impact the County fiscally.

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, said that they would discuss BMAPs and the DWTS update. He commented that House Bill (HB) 1379 was passed in the previous year and amended Sections 373.811 and 403.067, Florida Statutes, which were related to aquifers and were defining what the nutrient reducing devices were. He clarified that it could be advanced treatment or DWTS, and that it became effective in January 2023. He explained that affected locations included new septic systems on lots of one acre or less within BMAP areas. He commented that in areas where there was a BMAP and where 20 percent of the nutrients came from septic tanks, or if FDEP decided that it was good for the total daily maximum loads (TMDLs), then the County needed to implement that there were no septic tanks allowed if a property was less than one acre. He clarified that an advanced treatment system, DWTS or a pipe system were allowed, and that in Lake County they were looking at the Ocklawaha Basin, the Wekiva Basin, and Silver Springs. He displayed a map with different areas within the county which were covered by BMAPs and said that in addition to surface waters, they also had some springs in the county. He specified that the largest was Silver Springs and that this was where many of the septic tanks were; additionally, there was also the Wekiva/Rock Springs and Volusia Blue Springs. He commented that there were about 47,000 existing septic tanks within the BMAP areas, and that in order to meet these new house bills, they would be looking at removing around 8,000 septic tanks and converting them to advanced treatment, DWTS, or a pipe system connected to a wastewater treatment facility. He stated that it was set up in 10 year goals, and that 2033 was when the State would request that the County try to meet these goals. He also mentioned that the areas of focus were within 200 meters of lakes and within high recharge areas for springs.

Mr. Jeff Littlejohn, with Onsyte Performance, commented that they did an analysis on all of the septic tanks in unincorporated Lake County and compared the septic tanks in place with the BMAP obligations. He clarified that these were legal obligations of the County and that FDEP could enforce upon Cities and Counties who had decided not to do anything if obligations were not met. He added that they had identified the number of septic tanks which would be eligible for replacement, and then tried to project how many and how long it would take to accomplish those goals. He commented that only about 250 septic tanks were close to the lakes in the Ocklawaha Basin, and that this basin would be addressed. He said that for Silver Springs, there was a high recharge area where the State concluded that nutrients which went into the ground there made it into the Silver Spring to the northwest; additionally, there were about 4,000 septic tanks in the high recharge area, and about 3,400 of them would have to be removed to meet the nutrient reduction limit in the BMAP with a 10 year opportunity to reach that number. He stated that the goals laid out in the BMAP also had milestones and timeframes which were expected to be accomplished and which were based on the date that the BMAP was adopted; furthermore, this BMAP was adopted in 2013, and the completion date was expected to be 2033. He relayed that there was a similar situation for the Wekiva/Rock Springs BMAP, and he showed a map of the area, noting that the red dots represented septic tanks in the high recharge zones. He added that there were close to 9,000 septic tanks in that high recharge zone and that about half of them would need to be removed. He commented that they had laid all of this out in a chart to give the Board an idea of what it would take in terms of a total number of septic tanks to meet these BMAP expectations. He displayed a chart for the following 10 years, the total number of septic tanks, and about how many tanks per year would need to be removed to meet those goals. He said that they were showing meeting the nitrogen goal at 2033 and meeting the phosphorus goal at 2027, clarifying that it was not an obligation of the County to do it this way, though this was what it would take to meet those goals with a DWTS program.

Mr. Earhart commented that they assumed there would be 500 replacements per year in the first two years and about 1,000 replacements per year in the next eight years to meet those goals. He mentioned that it would cost approximately $162 million and that staff understood that this would not be funded; however, this was what they would be looking at if they wanted to meet the goals. He relayed that they had taken small steps with the BCC’s help, noting that they currently had a $2 million grant in 2023 with $1 million from FDEP and $1 million from ARPA funding. He said that the County had requested a grant for 2024 for $8 million, noting that the County was requesting $6 million from FDEP; additionally, the County had $1 million allocated from ARPA if the grant was received, and $1 million would need to come from a different funding source. He added that this could include owner participation and that the County could possibly pay seven-eighths of it so that the owner could start doing some of the matches related to the systems, noting that the County was currently doing 100 percent of the grants on the new systems. He remarked that the County was advertising this.

Mr. Littlejohn explained that his organization was excited to launch the website in August 2023 once the County approved them moving forward. He mentioned that they received some immediate interest, and that 80 percent of their total goal for the first year’s grant was already in the application process. He added that since August 2023, they had completed two conversions and that four more had been fully approved by the County and were scheduled for installation in the next 30 days. He said that six more were waiting on final paperwork from the County, and that they were finalizing applications for an additional 15. He summarized that they were 27 percent of the way there at the final application phase, and that another 53 were on the list on the website waiting for a step in the application process. He showed some images from installations in Lake County, and said that the homeowners had been happy with the installs; additionally, once the homeowner was signed up, they were committing to pay the annual charge through their municipal service benefit unit (MSBU). He stated that his organization would like to do a flyer campaign where there were areas around Lake County with concentrations of septic tanks in close proximity to lakes, opining that they would be a good return on investment. He specified that this included areas around Lake Emma in District 1, on Lake Apopka around Colina Bay in District 2, Lakeshore Drive on Lake Dora in District 3, Lake Yale in District 4, and Lake Griffin in District 5. He relayed that there were about 150 total lots, and that their idea was to send a standard flyer in the mail describing the program and one’s eligibility, along with pointing one to the website. He stated that his organization had also coordinated with the County and was planning to do a webinar for the website.

Mr. Earhart requested input on those five areas, and said that the information from this presentation could be sent to FDEP, noting that the County was required to send a rehabilitation plan.

Commr. Campione asked about the likelihood that the State would help in a place like Lake County and if they could receive a higher priority for State assistance.

Mr. Littlejohn clarified that the State was not prioritizing based on the beauty of the lakes or springs; rather, they the State was just prioritizing based on nutrient loading and was scoring projects based on price per dollar. He also relayed that DWTS was more cost efficient compared to what some of the communities were spending for septic tank replacement, and he thought that at some point either the FDEP or the State Legislature would start to put the highest efficiency projects at the top, or make communities who insisted on doing higher cost projects pay a higher cost share.

Commr. Parks inquired why the projected plan only gave the County 10 years to meet the BMAP.

Mr. Littlejohn thought that there was a possibility that FDEP would issue a BMAP update. He said that the BMAPs were about 10 years old and that many of the septic tanks reachable with conventional sewer had already been funded and reached. He added that because of the previous year’s bill, FDEP was required to send letters to the municipalities and Counties with BMAPs to say that they had to meet the goal. He reiterated that there was a possibility that the State would revise this and allow for more time, opining that addressing 1,000 septic tanks per year would be a remarkable pace; however, he commented that the County having a program which could accomplish this was a step above many other communities currently.

Commr. Parks asked for the summary slide to be displayed, opining that the County would have to do something like this. He asked if it was required for the County to fund the non-matching part of this because it was a significant amount of funding.

Mr. Littlejohn denied this, explaining that the State was providing at least 50 percent of this cost, which was the minimum match that the State would make on these obligations. He relayed that there were other funding sources and that the water management districts periodically had funds for water quality improvement, in addition to federal sources of funds. He also clarified that the non-State match would have to come from another source and not FDEP. He mentioned that it could be a County loan which was paid back with payments from participants, or it could require an impact fee if the County and a participating homeowner both funded some amount.

Mr. Earhart stated that the County was currently doing 100 percent funding and that if they did not meet the requirements at the end of the 10 years, FDEP could potentially ask the County to do certain things, including not allowing more houses with septic tanks. He clarified that he did not see this occurring, but that this was likely the worst case scenario.

Commr. Blake recalled a presentation on Lake Yale from a few months prior, and said that he was surprised to learn that more of the phosphorus content in Lake Yale was coming from rainwater than from septic tanks. He inquired what the overall impact would be when the County complied with all of this, and if they should engage their legislative delegation to help create some exemptions if the County was unable to keep up with this.

Commr. Parks relayed his understanding that the rainfall and everything that had been part of the phosphorus and nitrogen cycle with the lake was that way for thousands of years, but then with the influence from man, the additional loading was throwing things off balance. He said that other sources included stormwater and agriculture, and he opined that they had to address all of them.

Commr. Blake opined that they could not address the rainwater, indicating an understanding that it was four times the phosphorus external loading than from septic tanks.

Commr. Parks reiterated that rainfall had been occurring for thousands of year and opined that it should be taken out of the equation as to why the system was out of balance. He opined that other sources of nutrients were what was causing the system to be out of balance, and he mentioned that they could try to get ahead of this item at the current time so that the cost would be low for residents.

Commr. Campione added that there was a long term pile up of organic material. She said that there were recently algal blooms in Lake Yale, and she thought that if the County started addressing some of the outside sources which were making the lake reach a tipping point, then this was the outcome they were looking for.

Commr. Blake stated that he had looked up some scientific articles, and he relayed his understanding that much of the phosphorus loading in these lakes was a result of a couple of major precipitation events per year. He reiterated that the County should possibly engage the legislative delegation on what the penalties would be, noting that the County wanted to be sure that they were being realistic.

Commr. Parks indicated his understanding that the State Legislature was saying that they were giving Counties and Cities fair warning, and that this was why they had these programs.

Mr. Littlejohn indicated that FDEP had done much science around the various sources of nutrients, and that they looked at how far above the healthy level the lakes were and how far the total load needed to be reduced to meet the healthy levels. He added that septic tanks were not being asked to take the burden of all the phosphorus removal for the lakes; rather, they were asked to reduce a representative proportional share of their contributing load. He said that removing phosphorus from stormwater was a different exercise, but that meeting the County’s phosphorus load reductions for all of the lakes in the Ocklawaha BMAP only required the removal of 250 septic tanks. He said that septic tanks were a larger contributor on the nitrogen side, and that they were primarily impacting springs.

Commr. Shields recalled that Mr. Littlejohn had previously indicated that they could share one system among many houses and reduce the cost, and he asked if this could work for a replacement.

Mr. Littlejohn replied that it would be more challenging in a retrofit scenario because they would have to retrofit collection lines. He indicated that this was the most cost effective way that his organization had for retrofits, and that for new construction when underground infrastructure was going in, this was most cost effective time to lay pipes. He stated that if there was an opportunity to connect individuals in a new development scenario to an alternative to septic tanks, then he would encourage the BCC to continue to move in this direction. He relayed that each new septic tank added more loading to their obligation.

Commr. Campione said that the County had made a change for residential projects to be required to use central sewer or DWTS, but that they did not include it for industrial or commercial. She stated that it seemed like they should address this so that any of the new developments were not compounding the issue. She also opined that they needed a presentation for the LCWA about how this worked, the BMAPs, the goals, etc. because this could potentially be where the County could receive some of their match, noting that it was directly linked to water quality issues. She thought that 100 percent was what they had to do to get people onboard, and that later on it could possibly make more sense to have an owner contribution. She pointed out that the County still had to sell one on the idea that they would have an ongoing sewer bill, though one would no longer have to worry about pumping or replacing their tank; rather, this would be addressed by the utility provider.

Mr. Earhart indicted that staff had talked to the LCWA about their grant program and that they were aware of this.

Commr. Parks asked if the BCC met with the LCWA each quarter.

Ms. Barker replied that there was not currently a meeting set up, and that staff could schedule one.

Commr. Parks mentioned that it could be good to discuss the funding question and what the LCWA could do with this.

Commr. Campione thought that the LCWA could also help from the standpoint of education and promotion because they were the logical entity that could be doing the outreach. She mentioned that one would not have to worry about taking care of their septic tank, and that they would be part of the solution for helping the water quality in their own lake.

Mr. Earhart commented that advanced treatment had to be inspected every six months for about $200 per inspection; therefore, it could cost $400 to $500 per year just to inspect; however, the County was only at $660 which was like giving one a warranty on their system. He added that a normal septic tank could still be done on property of over an acre; therefore, if one was under an acre and in a BMAP area, then they had to use advanced treatment, DWTS, or central sewer.

Commr. Campione inquired what would happen if one’s septic tank failed in a BMAP area.

Mr. Earhart replied that they were allowed to replace it with a septic tank because it was considered a new system.

Commr. Campione said that this might be a legislative change that needed to occur.

Mr. Earhart also mentioned that having to move it to a new location was considered a new system.

Mr. Littlejohn relayed that HB 1379 had mandates which would come into effect later, and he believed that if one’s septic tank failed beginning in 2030, then they were no longer grandfathered in.

Commr. Campione added that one of the benefits for this was that one would eventually not be grandfathered, and that one could go ahead and make the change when the program was currently available.

Mr. Littlejohn indicated that one would be coming out of pocket for repair costs for a failed septic tank, and that some of the first adopters were individuals who had issues with their septic tank. He elaborated that they received a free replacement unit, and that their out of pocket cost went to zero. He opined that if constituents were looking at a replacement or repair cost, and if this program was a more cost effective alternative, then they would utilize the program.

Commr. Parks asked if the BCC could discuss this at a joint meeting with the LCWA.

Commr. Smith indicated he could talk to the LCWA Chairman to see if it could be placed on the agenda.

Ms. Barker relayed that she could set up a joint meeting and have a presentation at that time.

Commr. Parks opined that it was the best program in the state from the way it was set up, as well as the cost effectiveness.

Ms. Marsh said that the BCC had a time certain closed session at 1:00 p.m., and inquired if the Board wanted to take a break until the closed session.

Commr. Smith relayed that they would take a break and come back for the closed session.

recess and reassembly

The Chairman called a recess at 12:42 p.m. until 1:08 p.m.

closed session

Ms. Marsh relayed that she had previously acknowledged the need for this closed session, as authorized under Florida Statute 286.011, to discuss pending litigation against the County; additionally, the request was made on November 14, 2023. She elaborated that once the closed session started, it would be confined to settlement negotiations or strategy sessions related to litigation and its expenditures. She commented that the court reporter would record the entire session from when they began to when they ended, and would include all discussions in those proceedings, including the names of all persons present at any time and whoever spoke. She added that none of the session could be off the record, and that the court reporter’s notes would be transcribed and made public once the litigation was concluded. She noted that at the beginning of this session, the entity was required to give notice of who was going to be present, and that the County was required to produce an advertisement, of which she had a copy in her possession. She noted that the advertisement ran on November 16, 2023 in the Daily Commercial newspaper, and that those who would be present included the following: the BCC; the County Manager, Ms. Jennifer Barker; Ms. Rachel Bartolowits, Assistant County Attorney; and herself. She anticipated that as much as one hour would be spent in the session, and she asked for the recording to be turned off.

RECESS AND REASSEMBLY

At 2:14 p.m., the Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.

public hearing: ordinance 2023-66 MT. PLYMOUTH-SORRENTO COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING ARTICLE IV, DIVISION 2, CHAPTER 2, LAKE COUNTY CODE, ENTITLED MT. PLYMOUTH-SORRENTO COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; AMENDING MEMBERSHIP REQUIREMENTS; AMENDING THE MEMBERSHIP BOUNDARIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING 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. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-66 amending Article IV, Division 2, Chapter 2, Lake County Code, entitled Mt. Plymouth-Sorrento Community Redevelopment Advisory Committee.

public hearing: ordinance 2023-67 REGULATIONS FOR VEHICLES

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE FOLLOWING SECTIONS OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS: SECTION 3.06.00, REGARDING THE PARKING, STORING, OR KEEPING OF VEHICLES, VESSELS, BUSES, TRAILERS, TRUCKS, AND COMMERCIAL VEHICLES; RECOGNIZING TRACTS USED FOR PARKING OF VESSELS AND RECREATIONAL VEHICLES IN RESIDENTIAL SUBDIVISIONS PLATTED PRIOR TO JANUARY 1, 2004; AMENDING SECTION 1.08.03, ENTITLED NONCONFORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-67 amending Section 3.06.00, Lake County Code, Land Development Regulations, regarding regulations for Parking, Storing, or Keeping Vehicles, Vessels, Buses, Trailers, Trucks, and Commercial Vehicles.

public hearing: BUDGET ADJUSTMENTS FOR YEAR-END CLOSEOUT

Ms. Allison Teslia, Director for the Office of Management and Budget, said that the purpose of this presentation was to reconcile the FY 2023 final budgeted revenues and expenditures. She commented that at the end of each fiscal year, all of the budgeted revenues and expenditures were reconciled based on actual transactions throughout the year, and that budget adjustments were necessary to account for any unanticipated revenues and expenditures. She showed a breakdown of the FY 2023 excess fees which were returned back to the County, noting that this was essentially the amount that the Constitutional Officers had saved over their budgeted expenses; additionally, the return of excess fees were recognized as revenue, offsetting the original budgeted expenditures. She stated that other adjustments to the General Fund came to a total increase of about $3.9 million, and that the most significant adjustment was for costs related to the County’s response for Hurricanes Ian, Nicole and Idalia during the fiscal year for around $3.7 million. She added that the County was currently working with the State and the Federal Emergency Management Agency (FEMA) on the reimbursement for some of those costs, and that other adjustments included those for interfund transfers, noting that this included a reduction for debt service due to bond refunding and a transfer to the risk fund to assist with unanticipated claims costs. She said that there was also the reallocation of Governmental Accounting Standards Board (GASB) 87, rentals and leases, which was a net impact of $0. She mentioned that after all of the adjustments, the County was recognizing unanticipated revenues and expenditures and was able to add around $546,000 to operating reserves, which was maintaining an 18 percent reserve. She explained that one of the most significant adjustments was the annual true up of the school impact fees, which the County received and distributed back to the School Board, noting that this was performed each year due to GASB 84 which required the County to recognize pass-through of school impact fees. She relayed that the next significant adjustment the County made was for the debt service funds, which was accounting for the bond refunding that they completed during the fiscal year; furthermore, there were adjustments associated with the refinancing of debt, such as the proceeds from bond refunding and interest, as well as the reduction in interfund transfers. She stated that they also had some adjustments to the risk funds for higher than anticipated claims which were being offset by insurance contributions, interest revenue and the General Fund transfer. She commented that various other budget adjustments which were needed in other funds included the following: reallocations for GASB 87, which was a financial statement requirement; an adjustment to the gas tax fund for the ninth cent tax revenues which were received and distributed to the Cities; and the Office of Fleet Management had an adjustment to recognize additional revenues and costs related to the increase in parts for inventory.

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.

Ms. Teslia requested approval of budget adjustments for the year-end closeout of FY 2023 in accordance with County policy LCC-36 and administrative procedure pursuant to Section 129.06(2)(a) of the Florida Statutes.

Commr. Smith expressed support for increasing reserves.

On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved budget adjustments for the year-end closeout of FY 2023 in accordance with County policy LCC-36 and administrative procedure pursuant to Section 129.06(2)(a) of the Florida Statutes.

regular agenda

five-year major update of transit development plan

Ms. Jill Brown, Director for the Office of Transit Services, commented that they were present to discuss the Transit Development Plan (TDP) and FDOT’s annual block grant.

Mr. Ryan Suarez, with Kimley-Horn, explained that the TDP was the 10 year planning, policy and service development guide for public transportation services in the county. He added in order to receive the Public Transportation Block Grant (PTBG), each agency had to prepare a TDP, and that there was a major update to the plan every five years, noting that this item was a major update to the County’s TDP; additionally, in the interim years there were annual updates where the County reported to FDOT with regards to how well they were doing in achieving the goals in the five year major update. He mentioned that although the plan was slightly prescriptive in terms of what FDOT wanted to see included, it was a community based plan and there was much public outreach which went into preparation of the plan. He added that the due date for the plan to go to FDOT was November 30, 2023, and said that his organization met with many individuals and conducted a summary, which he displayed on a slide. He specified that it included workshops, grassroots activities, taking to riders onboard the bus, giving several presentations to different committees and boards, and attending career fairs. He showed a summary of what was included in the TDP which included the following: service proposals, noting that these items were what his organization heard from the public, boards, and committees: more frequent service; later service; weekend service; and route modifications which included service into Marion County and improvements for the service which operated on State Road (SR) 50. He indicated that this also included on-demand service zones where individuals could call ahead, noting that the service would pick them up and drop them off within the defined zone, and that one could be connected to an existing fixed route service to travel outside that zone; additionally, there were four zones currently, which he displayed on a map. He specified that the zones included the Wolf Branch Innovation District and Wellness Way, which were areas that were anticipated to see substantial growth in the future, along with an area in Four Corners. He said that for the new U.S. Highway 27 Express route, it had been a longtime desire to connect North Lake and South Lake, and that this would be that service; furthermore, FDOT had issued a grant for implementation of this service in their FY 2025. He then listed the following items for capital: fleet; technology such as the real time information that passengers used to see where their bus was at, along with computer aided dispatch and other technologies that staff used to help them perform operational activities; facilities including bus stops, improvements at bus stops, and sidewalk connectivity; and major facilities including the administrative and operations facility, noting that there had been a longtime desire to improve what was there or look for a new site. He showed a chart for the FY 2024 operating budget, noting that it currently stood at around $15 million. He elaborated that over 85 percent of the operating budget came from State and Federal sources, and that other local funding sources included fare revenues, advertising and purchased trips. He said that only $1.25 million was budgeted out of the General Fund, and that for each dollar out of the General Fund, the County received about $14 more. He showed a summary of service improvements which identified an associated cost of $5 million, and he said that there was much State and Federal funding available to make this work. He listed the following potential funding sources: Federal Transit Administration (FTA) funding; FDOT funding, including the Service Development Grant; and community partnerships. He mentioned that his organization had spread the capital needs out across the 10 year planning horizon of the TDP, relaying that much of what drove the capital was the fleet replacement cost; additionally, major facilities were not included in this 10 year horizon, and the 10 year capital needs amounted to around $37 million. He concluded that they were bringing the TDP to the Board for approval.

Ms. Brown noted that part of the requirement to receive PTBG funds was to provide a TDP major update every five years, in addition to annual progress reports. She explained that the County used the funds for their fixed route and paratransit services, and that the grant required a 50/50 match; additionally, the total project was about $1.8 million for the grant with a County cash match of $913,245. She relayed that the requested action was approval of the 2024 Transit Development Plan Five-Year Major Update, and adoption of Resolution 2023-155 supporting and approving the 2024-2029 Transit Development Plan and the application for and, if awarded, administration of the 2024-2025 Florida Department of Transportation Public Transit Block Grant.

Commr. Parks asked if the on-demand service was open as to what it might mean, and if there could possibly be a contract with someone to provide it.

Ms. Brown replied that they were possibly having Route 55 in South Lake as their first project. She added that they would most likely go out to bid for that service because it would also require different software.

Commr. Parks inquired if the bid would be nationwide, and Ms. Brown confirmed this.

Commr. Smith asked if the U.S. Highway 27 express route from the City of Leesburg to the City of Clermont was coming forward.

Ms. Brown said that this was correct and that staff had another grant coming to the Board in the following week to order two buses for that service. She remarked that staff was also working on the schedules, the time points, etc.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the following items: the 2024 Transit Development Plan Five-Year Major Update; and Resolution 2023-155 supporting and approving the 2024 Transit Development Plan and the application for and, if awarded, administration of the 2024-2025 Florida Department of Transportation Public Transit Block Grant Agreement.

other business

appointment to the library advisory board

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to appoint Ms. Juana Delacruz to the Library Advisory Board, representing District 2, with a term expiring February 28, 2027.

commissioners reports

commissioner shields – vice chairman and district 1

workforce housing groundbreaking

Commr. Shields mentioned that he had attended a groundbreaking for the workforce housing that the County had funded through APRA on SR 50 in the City of Mascotte.

workforce summit and lake 100 retreat

Commr. Shields relayed that a few Commissioners had attended a workforce summit and a Lake 100 retreat.

world waterski tournament

Commr. Shields said that the World Waterski Tournament was great and that everyone did a good job.

central florida mpo meeting

Commr. Shields stated that he represented Lake County in a Central Florida Metropolitan Planning Organization (MPO) meeting.

lead site selection panel

Commr. Shields said that Lake Economic Area Development (LEAD) had a site selection panel, and that the companies which helped other companies determine where they were going to relocate were providing information; furthermore, at some point LEAD would come in with a wish list of what they needed to attract companies.

fac legislative conference

Commr. Shields thought that the Florida Association of Counties (FAC) legislative conference went well.

commissioner parks – district 2

fac legislative meeting

Commr. Parks said that they had a FAC legislative meeting in the previous week, and relayed that there was pending legislation with regard to water supply and per capita allocations for the Cities, noting that it was down to 135 gallons per capita. He questioned how this would affect future development, and opined that it would force the need to look for alternative water supply projects to meet this demand. He added that it could be worth possibly discussing this item in 2024, noting that it could potentially impact some of the BCC’s future development decisions.

commissioner smith – chairman and district 3

visit to city of talahassee

Commr. Smith related that he and Ms. Barker had visited the City of Tallahassee to discuss the County’s legislative priorities, noting that it was productive. He added that they would be returning to the City of Tallahassee on December 5, 2023.

veterans wall dedication

Commr. Smith thanked everyone who attended the Veterans Wall dedication, opining that it was a nice dedication and that staff did a great job.

thanksgiving holiday

Commr. Smith hoped that everyone had a great Thanksgiving.

workforce expo

Commr. Smith said that he had attended a workforce expo at Mission Inn and that it was good to see.

national day of giving

Commr. Smith stated that it was the National Day of Giving.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:42 p.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK