A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 19, 2023
The Lake County Board of County Commissioners met in regular session on Tuesday, December 19, 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 live on the County website; furthermore, they were also broadcasting the meeting via Zoom. He thanked the Tavares High School Choir for singing on the current morning, and he indicated that they would perform again after the Invocation and the Pledge of Allegiance.
Pastor Jorge Mulet, with Hope International Church in the City of Groveland, gave the Invocation and led the Pledge of Allegiance.
virtual meeting instructions
Mr. Levar Cooper, Director for the Office of Communications, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching through the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.
Agenda update
Ms. Jennifer Barker, County Manager, said that signed agreements were added to Tabs 14 and 16 since the agenda was first published, and that staff also added updated maps to Tab 32. She requested that they pull Tab 37, which was the discussion about the public lands referendum, to the January 9, 2024 Board of County Commissioners (BCC) meeting, noting that the Trust for Public Land was unable to attend the current meeting.
Minutes approval
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of October 24, 2023 (Regular Meeting) as presented.
citizen question and comment period
Ms. Cindy Newton, a resident of Commission District 4, said that at the St. Johns River Water Management District (SJRWMD) Governing Board meeting on December 12, 2023, the agenda was to approve the 2023 North Florida regional water supply plan through 2045. She relayed that the water resource assessment determined that traditional water sources alone could not supply the 2045 water demand of 145 million gallons per day while sustaining water resources related to natural systems. She opined that conservation was not enough and that they had to increase recharge, and that the protection of important recharge areas was more important than ever. She commented that the SJRWMD was working toward more projects to increase recharge, which included the pilot water purification demonstration system in the City of Daytona Beach. She remarked that SJRWMD would also require for local governments to amend their Comprehensive Plan (Comp Plan) and work plans to demonstrate sufficient water supply for at least 10 years, and that some of the other things which could be done on a local level to help recharge included changing how they were using dry retention ponds for stormwater. She also indicated interest in changing the Land Development Regulations (LDR) and Comp Plan to change impervious surface ratio (ISR) and open space requirements, in addition to being able to protect their high recharge areas.
Mr. Jeffery Casey, a resident of Orange County, remarked that he had spoken on November 28, 2023 regarding the Hurley Environmental Park project, and he showed a map of County Road 448 and where the Hurley site would be located. He recalled that he had asked if the County would consider a 100 percent electronic overweight truck restriction there, opining that residents were being impacted by a lack of enforcement of 10 ton trucks on that road. He expressed concerns for speeding semi-trucks and dump trucks which were overweight, and he related that one of his neighbors had obtained a traffic impact exemption request for the initial Hurley project from Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning. He relayed his understanding that items submitted for the traffic exemption did not include CR 448 because it was a mile beyond the consideration of the immediate wastewater treatment facility. He opined that the road would be impacted by this facility, and he asked if the Board could instruct the Public Works Department to install an electronic overweight solution.
Commr. Smith mentioned that he had discussed this with the Lake County Sheriff and that they were looking into it. He expressed support for letting the County review the issue and determine the best course of action.
Mr. Banks Helfrich, a former Lake County Soil and Water Conservation District Chairperson and current candidate for the State House of Representatives District 25, opined that they were in a mental health epidemic, and he spoke on mental health issues. He expressed support for discussing this issue and eliminating the stigma of mental health, making sure children were taken care of, coming together as a community, and creating a community which was strong and bonded. He then mentioned that he taught sustainability and farming, noting that he opened his farm to the community on the second Saturday of each month for a farm tour. He clarified that these were complimentary events open to the public, and that the events could be found on Eventbrite.
proclamations 2023-146, 2023-148 and 2023-149
On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the following items: Proclamation 2023-146 and plaque honoring Fire Chief, James P. Dickerson, for his 19 years of service to Lake County, Florida; Tavares Middle School Patriots Boys Cross-Country Proclamation 2023-148; and Tavares Patriots Girls Cross Country Champions Proclamation 2023-149.
Commr. Smith said that Chief Jim Dickerson, Fire Chief for the Office of Fire Rescue, would be retiring soon. He then read and presented Proclamation 2023-146 to Chief Dickerson.
Mr. David Kilbury, Public Safety Director, said that it was a bittersweet moment for Lake County Fire Rescue as they said goodbye to their Fire Chief who had led the men and women and who had served tirelessly in the profession. He stated that Chief Dickerson kept the team together to provide seamless service to the residents, and he relayed that Chief Dickerson had said that he was most proud of the men and women and what they had accomplished for the citizens of Lake County. He mentioned that Chief Dickerson was first and foremost a public servant and that he had shared that with the men and women who wore the badge and the patch on their shoulder. He commented that he would shake Chief Dickerson’s hand on behalf of everyone on the Board, their organization and the citizens that he had served. He thanked Chief Dickerson on behalf of all of them.
Chief Dickerson mentioned that he had been in this service for 40 years, and he relayed that he tried to make this place better each time he came in the building. He thanked the Board for the support they gave him, this organization and all of public safety, noting that they had grown this department from 94 people to 314 people and over 400 when including single certifications. He said that he had a great career and that he would enjoy his retirement.
Commr. Smith thanked Chief Dickerson for all of his dedicated service. He then recognized the Tavares Middle School Cross Country team who had accomplished something extraordinary. He stated that it was always good to appreciate success, especially for their student athletes, and he thanked them for their commitment. He read and presented Proclamations 2023-148 and 2023-149 to the Tavares Middle School Patriots Boys and Girls Cross Country teams.
Mr. Kevin Von Maxey, Coach for the Tavares Middle School Patriots Cross Country teams, thanked his wife, who was their other coach. He also thanked the parents and their children, relaying that it had never occurred before where the boys and girls teams of one school won the public state championship in the State of Florida; therefore, this was the best combined cross country team in middle school history in the State of Florida. He thanked Ms. Abigail Crosby, Principal for Tavares Middle School, noting that she put much time and dedication into their team, as well as Ms. Ashley Metz, Athletic Director for Tavares Middle School. He added that the parents did a great job supporting this, and he expressed appreciation for the Board’s recognition.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 3, as follows:
List of Warrants
Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
City of Groveland Ordinance 2023-39
Notice is hereby provided of having received Ordinance 2023-39 adopting the FY2024 Carry Forward Budget Amendment for the City of Groveland’s Community Redevelopment Agency per Florida Statute 163.387(6).
St. Johns River Water Management District Governing Board 2024 Meeting Schedule
Notice is hereby provided of having received the St. Johns River Water Management District Governing Board’s 2024 meeting schedule.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Smith asked to pull Tab 22 for discussion.
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 6 through 29, pulling Tab 22 to the regular agenda, as follows:
COUNTY ATTORNEY
Recommend authorization for the Chairman to execute the Settlement Agreement for Voluntary Dismissal with Prejudice in Court Case No. 2020-CA-799, Lake County Voices of Reason, Inc. v. Lake County. The fiscal impact is $40,000 (expenditure).
PROCLAMATIONS
Recommend approval of Martin Luther King, Jr. Proclamation 2023-143, per Commissioner Smith.
ADMINISTRATIVE SERVICES
Information Technology
Recommend approval:
1. Of Lake County Policy LCC-103 entitled Information Security Policy. This policy change is required pursuant to Section 282.3185, Florida Statutes, titled Local Government Cybersecurity and must be implemented no later than January 1, 2024; and
2. The cancellation of Policy LCC-77, entitled Computer and Telecommunications Equipment Policy, to be replaced with Policy LCC-103.
There is no fiscal impact.
HUMAN RESOURCES AND RISK MANAGEMENT
Recommend approval:
1. Of Contract 23-524 with Tristar Claims Management Services, Inc. (Long Beach, CA) for third party administrator services; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $95,000 (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 approval:
1. Of Modification Six to Contract 18-0445A with Adventist Health System/Sunbelt, Inc. dba Hospital Centra Care (Maitland, FL), for physical examinations and drug/alcohol screening, adding occupational health services for county wide use, and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $100,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
ECONOMIC GROWTH
Visit Lake
Recommend approval:
1. Of continued use of Contract 21-433 with Zartico, Inc. (Salt Lake City, Utah) to provide destination management technology tools; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The annual fiscal impact is $30,000 (expenditure) over the next three years, for a total fiscal impact of $90,000 (expenditure). Annual expenditures will not exceed available funding in future fiscal year budgets.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Public Safety Support
Recommend approval and execution of the Amended and Restated Agreement between Lake County, Florida, and Leesburg Regional Medical Center, Inc. d/b/a UF Health Leesburg Hospital, for County-wide Public Safety Communications System use. The fiscal impact annually is $336.00 (revenue). Commission Districts 3 and 5.
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Recommend Approval:
1. Of Termination and Transfer Agreement (Electric Vehicle Site Host Agreement, Duke Energy Florida Park & Plug Program) with an effective date of the earliest of (a) the date Duke Energy decommissions the Equipment off the Duke Energy network or (b) December 31, 2023.
2. To authorize the Office of Procurement Services to execute all supporting documentation.
There is no fiscal impact.
Housing and Community Services
Recommend approval:
1. Of a Sub-Recipient Agreement with the City of Leesburg for Community Development Block Grant (CDBG) Fiscal Year 2023-24 funds to replace the fence at the Mispah Simmons Apartments; and
2. Of a budget transfer in the amount of $59,682, reallocating funds from the CDBG Urban Co. Partners-Tavares to CDBG Urban Co. Partners-Leesburg.
The fiscal impact shall not exceed $59,682 (expenditure - 100 percent CDBG funded).
Recommend approval:
1. Of a Sub-Recipient Agreement with YMCA of Central Florida for Community Development Block Grant (CDBG) Fiscal Year 2023-2024 to operate a middle school afterschool program; and
2. Of a budget transfer in the amount of $63,325, reallocating funds from Aids Private Org to Aids Private Org - YMCA.
The fiscal impact shall not exceed $63,325 (expenditure - 100 percent CDBG funded).
Recommend approval:
1. Of a Sub-Recipient Agreement with the City of Leesburg for Community Development Block Grant (CDBG) Fiscal Year 2023-24 funds to resurface the existing parking lots at the Mispah Simmons Apartments; and
2. Of a budget transfer in the amount of $104,750, reallocating funds from the CDBG Urban Co. Partners-Tavares to CDBG Urban Co. Partners-Leesburg.
The fiscal impact shall not exceed $104,750 (expenditure - 100 percent CDBG funded).
Public Works
Recommend approval:
1. To increase the expenditure limits of Contracts 20-0918 for On-Call Civil Engineering Services with Halff Associates, Inc. (Tavares, FL) and OM Engineering Services, Inc. (Orlando, FL) to an estimated $450,000; and
2. To delegate authority to the County Manager to execute individual Task Orders up to $100,000 each for Contract 20-0918A and B (effective retroactively) with Halff Associates, Inc. and OM Engineering Services, Inc.; and
3. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $450,000 (expenditure) and will not exceed available funding in each fiscal year's budget.
Recommend approval to accept the final plat for Tranquility Townhomes and all areas dedicated to the public as shown on Tranquility Townhomes final plat.
The fiscal impact is $1,551 (revenue - final plat application fee) and there is no annual maintenance cost as the roads within the subdivision are private. Commission District 1.
Recommend approval:
1. Contract 23-534 with Superior Asphalt, Inc. (Bradenton, FL) to provide various road resurfacing using Community Development Block Grant (CDBG) funds; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $514,987.25 (expenditure - 100 percent grant funded) and is within, and will not exceed, the Fiscal Year 2024 Budget.
Solid Waste
Recommend approval:
1. To increase the expenditure limits of Contract 22-907 for Solid Waste Engineering Services with S2L, Incorporated from an annual estimated expenditure of $100,000 to $600,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $600,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 13-0313 for Disposal of Class 1 Waste with A.C.M.S, Inc., d/b/a Heart of Florida Environmental from an annual estimated expenditure of $1,311,000 to $3,300,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $3,300,000 (expenditure) and will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 22-911 for Waste Tire Disposal with Empire Tire of Edgewater, LLC from an annual estimated expenditure of $58,000 to $70,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $70,000 (expenditure), and expenditures will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 22-932 for Leachate Disposal Services for vendor pool Aqua Clean Environmental LLC, Delta Pioneer Inc., Water Recovery LLC, and Liquid Environmental Solutions of Florida from an annual estimated expenditure of $500,000 to $600,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $600,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 21-0904 for On-Call Landfill Maintenance Services with Integrated Environmental Technology, LLC from an annual estimated expenditure of $95,390 to $200,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $200,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 13-0303D for Collection of Residential Waste with FCC Environmental Services Florida, LLC from an annual estimated expenditure of $7,805,833 to $11,000,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $11,000,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 13-0303C for Collection of Residential Waste with Waste Connections of Florida from an annual estimated expenditure of $4,840,320 to $11,900,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $11,900,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
Recommend approval:
1. To increase the expenditure limits of Contract 13-0303A for Collection of Residential Waste with Waste Pro of Florida, Inc., from an annual estimated expenditure of $4,840,320 to $12,900,000; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $12,900,000 (expenditure) and expenditures will not exceed available funding in each fiscal year's budget.
Transit Services
Recommend approval:
1. To adopt Unanticipated Revenue Resolution 2023-156 adding $1,213,442 for the Florida Department of Transportation Section 5311 Capital Grant for Fiscal Year 2023-2024; and
2. Of the procurement of two 35-foot Gillig buses through the fourth Amendment of the Contract (RFP# P-18-005) between Jacksonville Transportation Authority and Gillig, LLC.
The fiscal impact is $1,213,442 (revenue/expenditure - 100 percent grant funded).
contract for mulch disposal services
Commr. Smith stated that this item was a contract with a mulch disposal provider for $100,000, and he thought that since they had the new alum park which used mulch, then they should possibly rebid this item and see if they could receive a better price.
Commr. Parks asked if Compost USA were part of Life Soils and if they blended the mulch.
Ms. Barker said that the company was out of Okahumpka, which was where Life Soils was. She also clarified that this item was strictly for disposal of the mulch.
Mr. Ron Falanga, Director for the Office of Procurement Services, confirmed this.
Commr. Parks inquired if it was the company’s mulch to use after they took it from the County, relaying his understanding that they likely blended soil with it.
Ms. Barker said that this was correct and that once they took it from the landfill, then they disposed of it wherever they chose.
Commr. Smith commented that with the new wetland facility with Sustainable Water Infrastructure Group (SWIG), they mixed mulch with alum to create a wetland; therefore, he thought that since it was in Lake County instead of Sumter County, then Lake County may be able to get a better price from them.
Commr. Campione asked if it was known if this was the kind of product that they would want to use. She relayed her understanding that the County started with debris, mulched it, and then ultimately had to get rid of it.
Ms. Barker confirmed that this was correct.
Commr. Campione asked if this was something that the group near Lake Jem would want, and she believed that Compost USA was in Okahumpka.
Commr. Smith said that the group near Lake Jem currently had a mulching facility there, and opined that it was a long way to travel for Compost USA.
Commr. Campione indicated that she was not opposed to finding out whether the County could do something cheaper or better.
Commr. Parks relayed his understanding that the group near Lake Jem may want the mulch at no cost if they were doing a product.
Commr. Smith commented that they would have some cost because of labor and transportation of the material; however, it was a shorter drive from the County’s landfill to Lake Jem.
Mr. Falanga clarified that it was green waste and was not really a quality mulch; additionally, he could double check this.
Commr. Campione asked if they could postpone this item to the next BCC meeting and then if it turned out that this was not a product that the other company would be interested in, they could bring it back since they had already gone through the bidding process.
Ms. Barker indicated that staff could look into this and reach out to the company that the Chairman was referencing; additionally, if it was not something that they could move forward with, then they could include it on the January 9, 2024 BCC meeting.
Mr. Davis Salinas, Director for the Office of Solid Waste, clarified that the company that Commr. Smith was referencing had participated in the bid and was higher.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to utilize Contract 24-903 with Compost USA of Sumter County, LLC (Okahumpka, FL) to provide mulch disposal services, and to authorize the Office of Procurement Services to execute all supporting documentation.
careersource central florida presentation
Ms. Kathleen Dial, Director for the Office of Elevate Lake, explained that CareerSource Central Florida was the central workforce board serving Orange, Osceola, Lake, Sumter and Seminole Counties, and was the second largest workforce development board in the State of Florida. She elaborated that CareerSource curated local talent for high demand industries, meeting local business needs and cultivating growth and prosperity for the community.
Ms. Pam Nabors, President and Chief Executive Officer (CEO) for CareerSource Central Florida, thanked the Board and the Commissioners who had served on the CareerSource local elected consortium overseeing their work. She explained that their mission at CareerSource was to connect Central Floridians to careers and develop skill talent for business. She relayed the following highlights from the current year in Lake County and their partnership: had a great partnership with the Workforce Summit Conference and the Office of Elevate Lake; joined forces with the Office of Elevate Lake and Lake Economic Area Development (LEAD) to organize and initiate a career fair where they had over 250 career seekers engaged and more than 50 employers who attended; engaged more than 40 young adults in the region with Lake County Schools and prepared them for being workers for the businesses in the region; collaborated with Lake Technical College (Lake Tech) for onsite services, noting that Lake Tech also provided services at CareerSource’s Lake County facility which was embedded within Lake Sumter State College (LSSC); provided data and resources for LSSC in assessing new grants and programs; and supported training for firefighters to receive paramedic certification in Lake County. She relayed that they had engaged just under 4,000 career seekers in Lake County in the current year; additionally, they had enrolled 1,850 Lake County residents in career counseling, planning and training services. She also relayed that 228 individuals received training, and were primarily going to training in high growth occupations through Lake Tech or LSSC. She said that in 2023 they had placed 650 individuals in employment at wages above $18 per hour, and that they prioritized services to veterans. She specified that veterans went to the front of the line for services, and that they had served 250 veterans in the current year. She added that for young people who left high school without a diploma or had not gotten into the workforce or a career training program, they had 43 individuals currently enrolled in longer term youth services. She remarked that the top three sectors they were working with in Lake County included healthcare, trade and logistics, and information technology (IT) and finance. She said that the average wage for their career seekers coming out of training programs was almost $19 per hour, and that they also provided no cost hiring and recruitment services for business. She mentioned that to date they had 208 businesses that they were actively working with; additionally, 54 percent were returning businesses coming back to CareerSource for additional hiring needs and training. She displayed images of some of the businesses that they were working with in Lake County, and she acknowledged Ms. Yolanda Green, Business Consultant for Lake County with CareerSource Central Florida, noting that Ms. Green had just received a chamber award. She said that Mr. Gustavo Henriquez was their Career Center Manager at the LSSC office, and she acknowledged other CareerSource staff in the audience. She relayed a success story where Mr. David Cipollone, a Lake County resident, was laid off from a desk job, stating that to make ends meet he was mowing lawns but did not have steady employment. She elaborated that Mr. Cipollone enrolled in services at CareerSource and participated in training programs where he received his commercial driver’s license (CDL) A certification, and that he was currently working for PIKE as a Lineman C earning $19 an hour. She relayed that as they looked into 2024, CareerSource had a bold vision for how they wanted to ensure that they impacted businesses and residents in their five county region. She mentioned that they wanted to do the following: be brilliant at the basics of what they did in workforce services; wanted customers to be satisfied to a high degree; optimize innovation and use more technology; lead through the people who delivered services; and develop resilience for their organization. She mentioned that they would be uniting with their strategic partners of Lake Tech, LSSC and Lake County Schools for additional space, potentially at the Lincoln Park project. She said that they wanted to develop more strategic partnerships, particularly with the City of Mount Dora, noting that they were a supporting partner for the 2025 community center plans and the Lake Cares Food Pantry. She also stated that they wanted to reach out to their business community and increase the number of businesses and individuals engaged in their Lake County services. She then displayed a video regarding how they were doing outreach to the business community and residents in Lake County. She said that they looked forward to a productive 2024, and she showed quick response (QR) codes to access their resources and social media.
Commr. Parks thanked Ms. Nabors and her team for doing a great job.
Commr. Smith remarked that Lake County was lucky to have CareerSource in the county, opining that they did much good for many people. He encouraged people to reach out to CareerSource, opining that they were a wonderful organization that could help one move forward.
public hearing: resolution 2023-157 vacate platted right of way
Mr. Fred Schneider, Assistant County Manager, presented vacation petition #1289. He explained that the applicant was Mr. Robert Harrel, Registered Agent with Pinecastle Investment Properties, who was represented by Mr. Bill Maki, with Daly Design Group. He said that the location was in Commission District 2, and he displayed a location map. He specified that it was located north of Old Highway 50 and south of Florida’s Turnpike in the City of Clermont area, and he showed the property map. He pointed out that the public right of way was surrounded by the Pinecastle property and did not connect to any other public right of way, and that staff did not receive any objections; however, there had previously been an objection from Mr. Doug Richter and Ms. Donna Richter, who were north of Florida’s Turnpike. He said that they wanted to possibly use this public platted right of way for future utility access to cross Florida’s Turnpike to their property; however, staff received an email on the previous evening from Mr. Richter indicating that he had found another way to access utilities and had withdrawn his objection. He concluded that staff recommended approval of the vacation request.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 4-0, the Board approved Resolution 2023-157 to vacate platted right of way located north of Old Highway 50 and south of the Florida Turnpike. The closest municipality is the City of Clermont.
Commr. Parks was absent for the vote.
public hearing: resolution 2023-158 vacate platted right of way
Mr. Schneider presented vacation petition #1271. He said that the applicants were Mr. Herbert Kahlert, Registered Agent for Edwards Harbor, and Mr. Hans Kahlert, Registered Agent for Edwards Capital. He said that the location of the vacation was within the Wellness Way area off Schofield Road near the Orange/Lake County line. He relayed that on April 27, 2021, the Board entered into a right of way dedication agreement with the applicants to facilitate the dedication of new right of way and road related easements for the construction of the realignment of a portion of Schofield Road. He mentioned that there was a certain order of events that would take place within the vacation, and he displayed the historical right of way events. He commented that the end result was the light blue color which followed the new Schofield Road alignment, noting that the right of way had been dedicated, that the road had been completed and was open to traffic, and that a temporary right of way would remain until the remainder of the alignment was completed in Orange County. He remarked that there were not any utility issues and that this item had been worked out over a number of years between staff and the applicant. He concluded that the request was to vacate and declare surplus all of their existing deeded right of way, and to cease maintenance on a portion of County-maintained Schofield Road.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Commr. Shields thanked Mr. Schneider and staff for making Schofield Road safer.
Mr. Schneider explained that they had variable messages boards put up on United States (U.S.) Highway 27 and Schofield Road; additionally, they were working on a traffic signal.
On a motion by Commr. Shields, seconded by Commr. Blake and carried by a vote of 4-0, the Board approved Resolution 2023-158 to vacate and to declare specific right of way as surplus and to cease maintenance on a portion of the old Schofield Road. The closest municipality is the City of Clermont.
Commr. Parks was absent for the vote.
public hearing: ordinance 2023-75 criminal history checks
Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING AND REPLACING SECTION 2-42, LAKE COUNTY CODE, ENTITLED CRIMINAL HISTORY CHECKS; 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. Campione, seconded by Commr. Blake and carried by a vote of 4-0, the Board approved Ordinance 2023-75 repealing and replacing Section 2-42, Lake County Code, entitled Criminal History Checks. These changes are required by Florida Department of Law Enforcement.
Commr. Parks was absent for the vote.
public hearing: ordinance 2023-76 control of access to property
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 2-5, LAKE COUNTY CODE, ENTITLED CONTROL OF ACCESS TO COUNTY-OWNED, CONTROLLED, AND LEASED PROPERTY; ESTABLISHING A PROCESS TO DESIGNATE FACILITIES AS PUBLIC FORUMS, LIMITED PUBLIC FORUMS OR NON-PUBLIC FORUMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.
Ms. Marsh added that this item was at the request of the Lake County Sheriff’s Office (LCSO) and the Tax Collector.
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 2023-76 creating Section 2-5, Lake County Code, entitled Control of Access to County-owned, Controlled, and Leased Property.
public hearing: ordinance 2023-77 laser beam devices
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING SECTION 14-4, LAKE COUNTY CODE, ENTITLED LASER BEAM DEVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Marsh said that this item was the first repeal from Commissioner Blake’s policy of taking a regulation away when the County added a new one.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Commr. Smith thanked Commissioner Blake for bringing this policy forward.
On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-77 Repealing Section 14-4, entitled Laser Beam Devices.
public hearing: ordinance 2023-78 adoption and enforcement
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 SECTION 6-22, LAKE COUNTY CODE, ENTITLED ADOPTION AND ENFORCEMENT; AMENDING CERTAIN PROVISIONS TO BE CONSISTENT WITH THE EIGHTH EDITION OF THE FLORIDA BUILDING CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Marsh clarified that this item was a requirement of the State.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-78 amending Lake County Code, Chapter 6, Article III, Section 6-22, entitled Adoption and Enforcement. These changes are required to comply with the Eighth Edition of the Florida Building Code.
regular agenda
affordable housing ordinances
Ms. Maria AbdoulKarim, Director for the Office of Housing and Community Services, presented information about the Live Local Act. She explained that the purpose of the ordinance was to create Section 11-40, Lake County Code, to be entitled Affordable Housing Covenants and Guarantees, which would require the recording of restrictive covenants or mortgages to establish affordable housing units through new development or rehabilitation programs. She elaborated that this ordinance was supported by the provisions contained within Chapter 2023-17, Laws of Florida, approved by the Governor on March 29, 2023, with an effective date of July 1, 2023, known as the Live Local Law. She said that this ordinance would also amend Sections 22-8 and 22-9, Lake County Code, regarding impact fee waivers for affordable housing and infill properties, and that on March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. She remarked that the Live Local Act was a comprehensive statewide workforce housing strategy designed to increase the availability of affordable housing opportunities for Florida’s workforce who desired to live within the communities they serve. She mentioned that this act, also known as Senate Bill (SB) 102, provided historic funding for workforce housing, and that in addition to a multitude of new programs, incentives and opportunities, this legislation worked to refocus the State of Florida’s housing strategy in ways that would make housing more attainable. She stated that the proposed ordinances included the Affordable Housing Covenants and Guarantees, which were supported by provisions contained in the Live Local Act; additionally, they required the recording of restrictive covenants or mortgages to establish and preserve a stock of affordable housing units through new development or rehabilitation programs, as well as amending Sections 22-8 and 22-9, Lake County Code, regarding impact fee waivers for affordable housing and infill properties. She then stated that the LDR ordinance would amend the zoning matrix to accommodate affordable housing in commercial or industrial zoning in conjunction with the covenants and guarantees. She said that both proposed ordinances were provided to the Affordable Housing Advisory Committee and the Home Builders Association of Lake-Sumter on November 16, 2023 for comment, and that the Planning and Zoning Board unanimously recommended approval of the amendments to Sections 3.01.02 and 3.01.03, Land Development Regulations, on December 6, 2023. She read the following recommended actions: recommend approval to advertise an ordinance creating Section 11-40, Lake County Code, to be entitled Affordable Housing Covenants and Guarantees; recommend approval to advertise an ordinance amending Sections 3.01.02 and 3.01.03, Land Development Regulations, to allow multifamily and mixed-use residential in commercial and industrial zoning districts; and recommend authorization to conduct the second public hearing of the ordinance amending the Land Development Regulations at 9:00 a.m. rather than at 5:05 p.m. as required by Section 125.66(4), Florida Statutes, noting that a four-fifths vote was required to approve the waiver of the 5:05 p.m. requirement.
Ms. Barker clarified that this presentation addressed both Tabs 38 and 39, and that staff was asking for approval to advertise the ordinances for those items, as well as a waiver to hold the hearing at 9:00 a.m. rather than 5:05 p.m.
Commr. Campione relayed that she had a discussion with Ms. Barker and Ms. Marsh about reaching out to the Cities to see whether they were taking steps to implement the legislation, opining that the needs were most likely to be met in municipal boundaries.
On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the following items: to advertise an ordinance creating Section 11-40, Lake County Code, to be entitled Affordable Housing Covenants and Guarantees; to advertise an ordinance amending Sections 3.01.02 and 3.01.03, Land Development Regulations, to allow multifamily and mixed-use residential in commercial and industrial zoning districts; and to conduct the second public hearing of the ordinance amending the Land Development Regulations at 9:00 a.m. rather than at 5:05 p.m. as required by Section 125.66(4), Florida Statutes.
appointments to the planning and zoning board
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to appoint the following members to the Planning and Zoning Board/Local Planning Agency: Mr. Bill Mathias as the alternate member recommended by the Lake County School Board; and Mr. Mark W. McManus as the ex-officio, nonvoting representative of a military installation within Lake County.
reports
county manager
Holiday office closures
Ms. Barker commented that County Offices would be closed on December 25, 2023 and January 1, 2024 in observance of Christmas and the New Year’s holidays. She wished everyone a safe and happy holiday.
commissioners reports
commissioner shields – vice chairman and district 1
clermont national and the view
Commr. Shields mentioned Clermont National and The View, noting that it was like they had their own top golf in Lake County. He added that Mr. Ryan Ritchie, Director for the Office of Visit Lake, had visited there.
groundbreaking for adventhealth hospital in minneola
Commr. Shields relayed that he attended the groundbreaking for the AdventHealth hospital in the City of Minneola.
school concurrency meeting
Commr. Shields remarked that there was a school concurrency meeting and that it included the plans for where the new schools were going in.
lake-sumter mpo meeting and speed cameras
Commr. Shields said that he had a Lake-Sumter Metropolitan Planning Organization (MPO) meeting, and he recalled when the City of Eustis had requested to use County right of way for speed cameras for their schools. He thought that the concern was that they were just looking at the license plates and did not know who was driving the car. He recalled a conversation he had regarding speed cameras in Australia with large signs indicating that one was about to be on camera, and he wondered if this might help the County think through the privacy issues.
Commr. Campione mentioned that she used to see these signs in Washington, D.C.; however, she relayed that this did not make her feel better about it. She opined that it was a money generator and that it was invasive. She also expressed concerns for the number of signs.
Commr. Shields opined that anecdotally, people started to slow down when they knew they would be on camera.
commissioner parks – district 2
cfx board meeting and state road 516
Commr. Parks relayed that there was a Central Florida Expressway Authority (CFX) Board meeting on the previous Thursday and that the construction of State Road (SR) 516 had been authorized. He added that there would be a groundbreaking ceremony that everyone would be invited to in March 2024.
Commr. Smith asked Commissioner Parks to explain what SR 516 was.
Commr. Parks said that it was also called the Lake-Orange Expressway and that it would connect U.S. Highway 27 to SR 429 in South Lake, bisecting the Wellness Way area plan. He added that it would greatly reduce traffic between U.S. Highway 50 and U.S. Highway 192, as well as possibly create some of the most valuable land in Central Florida around the interchange with the CR 455 extension. He also remarked that SR 516 would have dynamic charging and would be one of only two roads in the world where one could charge a vehicle while driving. He mentioned that there would be many other sustainability and conservation-minded features built into the road including the wildlife corridor, the use of right of way for pollinator plants, low lighting, and a trail along the north side of SR 516 connecting Orange Country to Lake Louisa State Park.
Commr. Campione asked if the wildlife corridor would include an elevated section.
Commr. Parks confirmed that the road would be elevated and that the wildlife corridor would be underneath U.S. Highway 27 to get over into the Hilochee/Lake Louisa area of the Green Swamp.
state road 50 traffic issues
Commr. Parks related that he had been receiving emails about SR 50 through the City of Clermont regarding a traffic situation similar to what one would experience on Interstate 4 (I-4). He thought that the Waze and Google Maps applications were directing people out of the City of Tampa to use SR 50 instead of I-4 into the City of Orlando. He added that traffic was also directed to SR 50 when there was an accident on Florida’s Turnpike, and he relayed his understanding that they would have a traffic management system soon to help address the signalization along SR 50. He mentioned that this traffic was affecting businesses and that he, Ms. Barker and Mr. Schneider would have a meeting with the Florida Department of Transportation (FDOT) on the current afternoon and discuss this item.
Commr. Shields opined that the new Costco could also be generating some traffic, and he expressed the concerns for traffic there.
Commr. Parks relayed that vehicles started backing up on U.S. Highway 50 in the City of Groveland, which he opined was traffic out of the City of Tampa that was directed onto U.S. Highway 50 to avoid I-4.
traffic accidents
Commr. Parks said that there had been more traffic accidents and fatalities, and that 94 percent of crashes were caused by human error. He encouraged everyone to be careful during the Christmas and holiday season.
holiday events
Commr. Parks stated that he had participated in some great Christmas events and that there had also been a Hanukkah festival in the City of Clermont. He expressed appreciation for what the Cities were doing for Christmas and the holidays.
merry christmas and expressing appreciation for staff
Commr. Parks wished everyone a Merry Christmas and happy holidays, noting that some individuals with public safety would not be off work; additionally, he expressed appreciation for those who would be working. He also expressed appreciation for staff who had worked hard in the current year.
commissioner campione – district 4
astor workshop
Commr. Campione related that the Board would have a workshop in Astor on the following day at 5:00 p.m. She mentioned that the Board could see the progress of the library construction and visit the Butler Street Boat Ramp to see the new bathrooms. She commented that there may be flooding, and that they would likely hear from people about a situation with the Florida Fish and Wildlife Conservation Commission (FWC) and Silver Glen Run. She elaborated that there was another push to close Silver Glen Run down to motorized boats, and that many people were concerned about it and thought that it could be a negative economic effect on Astor. She mentioned that there were environmental concerns which had been raised by the agencies and the forestry service, but opined that it sounded like a situation that was possibly being taken too far as opposed to trying to work with the community. She said that the Board may be requested to weigh in, send a letter or adopt a resolution expressing their concerns to those agencies.
mount dora half marathon
Commr. Campione commented that there had been a half marathon in the City of Mount Dora on the previous weekend and that they had been doing this since 2012. She relayed that she was going to invite the organizer of that event to a future BCC meeting to give an update, opining that it was a great event. She added that they had a large turnout with 35 or 36 states and several countries being represented.
merry christmas and happy holidays
Commr. Campione wished Merry Christmas and happy holidays to staff.
COMMISSIONER BLAKE – DISTRICT 5
merry christmas and thanking commissioner smith
Commr. Blake wished everyone Merry Christmas and thanked Commissioner Smith for having the Tavares High School Choir perform.
commissioner smith – chairman and district 3
gratitude for the tavares high school choir
Commr. Smith expressed gratitude to the Tavares High School Choir for attending the current meeting and singing.
expressing gratitude to chief jim dickerson
Commr. Smith expressed gratitude and appreciation to Chief Jim Dickerson for his service, and said that his retirement was well deserved.
national hard candy day
Commr. Smith said that it was National Hard Candy Day.
merry christmas and happy new year
Commr. Smith wished the BCC, staff and the public Merry Christmas and Happy New Year. He asked them to be safe, to be with their family and to enjoy the time off.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:43 a.m.
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kirby smith, chairman
ATTEST:
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GARY J COONEY, CLERK