A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
February 8, 2022
The Lake County Board of County Commissioners met in regular session on Tuesday, February 8, 2022 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Sean Parks, Chairman; Kirby Smith, Vice Chairman; Douglas B. Shields; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, Interim County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.
INVOCATION and pledge
Commr. Parks welcomed everyone to the meeting and noted that the meeting was in-person and was also being streamed live; additionally, individuals could participate virtually. He said that the Invocation would be given by Pastor Tony McCoy, with Hope International Church in the City of Groveland, and he introduced the veteran who would lead the Pledge of Allegiance. He explained that Mr. Robert Patrino was a Biological Associate for Aquatic Plant Management in the Public Works Department, and that he had served in the United States (U.S.) Army from 2010 to 2014 as a Behavioral Health Non-Commissioned Officer with C Company, 702nd Brigade Support Battalion, 4th Brigade 2nd Infantry Division\Stryker Brigade Combat Team with a Joint Base in Lewis-McChord, Washington. He commented that Mr. Petrino was deployed to Kandahar, Afghanistan in support of Operation Enduring Freedom from 2012 to 2013, and received the following awards for his achievements: Afghanistan Campaign Medal with campaign star; Army Commendation Medal with oak leaf cluster; Army Achievement Medal; Army Good Conduct Medal; National Defense Service Medal; Global War on Terrorism Medal; Non-Commissioned Officer Professional Development Ribbon; Army Service Ribbon; Overseas Ribbon; NATO Medal; and the Gold German Armed Forces Proficiency Badge. He thanked Mr. Petrino for his service.
Pastor McCoy gave the Invocation and Mr. Petrino led the Pledge of Allegiance.
virtual meeting instructions
Mr. Erikk Ross, Director for the Information Technology (IT) Department, 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 though 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, Interim County Manager, said that Tab 16 was added as an addendum since the agenda was first published, and that it would be discussed prior to the closed session.
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
Melanie
Brown, Office Associate III
Public Works
Department
Diane
Clinton, Program Associate
Office of
Housing & Community Services
George Gadiel,
Senior Traffic Engineer
Public Works
Department
Diane Hagan,
Veterinary Technician
Office of
Animal Services
Jamie Knocke, Lead Animal Care Technician
Office of
Animal Services
Christopher
Sizemore, Live Release Coordinator
Office of
Animal Services
Jay Vaughn,
Chief Licensing Investigator
Office of
Building Services
Shasta
Wilson, Office Associate V
Office of
Building Services
Marcia
Robinson, Chief Maintenance Supervisor
Office of
Parks & Trails
Emmanuel Bonet, Fire Lieutenant/Paramedic
Office of
Fire Rescue
Michael Yamin, Fire Lieutenant/Paramedic
Office of
Fire Rescue
Jennifer Seda, Fire Lieutenant/Paramedic
Office of
Fire Rescue
Ben Britton,
Firefighter/Paramedic
Office of
Fire Rescue
Steven Carrero-Sierra, Firefighter/Paramedic
Office of
Fire Rescue
Bradley Hockenberry, Firefighter/Paramedic
Office of
Fire Rescue
Dustin
Miller, Firefighter/Paramedic
Office of
Fire Rescue
Brian
Fleming, Firefighter/EMT
Office of
Fire Rescue
Jordan
Hellen, Firefighter/EMT
Office of
Fire Rescue
Shaun Judd,
Firefighter/EMT
Office of
Fire Rescue
Joel Kemp,
Firefighter/EMT
Office of
Fire Rescue
Marco
Rivera, Firefighter/EMT
Office of
Fire Rescue
TEN YEARS
Lonnell Richardson,
Trades Crew Leader
Office of
Parks & Trails
FIFTEEN
YEARS
Nova Atkinson,
Paralegal
County
Attorney’s Office
Michelle
Wilkinson, Property Manager/Legal Office Manager
County
Attorney’s Office
Temia Wilkins,
Database/Admin Program Coordinator
Public Works
Department
TWENTY YEARS
Dilcy Baltazar, Scales Attendent
I
Public Works Department
Jim Dowling, Senior GIS Analyst
Information Technology Department
James Kennedy, Environmental Waste Technician
Public Works Department
TWENTY-FIVE
YEARS
Eric Palmer, Battalion Fire Chief
Office of Fire Rescue
THIRTY YEARS
Randy Dean, Area Maintenance Supervisor
Public Works Department
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 meetings of September 28, 2021 (Regular Meeting) and September 29, 2021 (Special Meeting) as presented.
commissioner’s boards and committees updATE
Commr. Parks reported on the Keep Lake Beautiful (KLB) Advisory Committee meeting, which was held a few weeks prior, and he thanked Publix for the $1,000 donation to the organization, noting that it would be used for cleanups around the county. He commented that the KLB Advisory Committee was dedicated to keeping the county beautiful, noting that Ms. Veronica Dau with the Lake County staff did a good job leading the group, and he mentioned the cleanup spot program which had the ability to conduct cleanups on the spot with just a few people. He added that the Central Florida Expressway Authority (CFX) would have a meeting on the following Thursday. He recalled that at the previous Board of County Commissioners (BCC) meeting, he had reported about the Transportation Expressway Association Membership of Florida (TEAMFL), noting that CFX and Lake County were members. He mentioned that TEAMFL announced that they had about $900 million worth of road projects between CFX and Florida’s Turnpike that would be occurring in Lake County over the following five years. He stated that on April 15, 2022, there would be a meeting at the South Lake Chamber of Commerce where CFX would discuss the Lake-Orange County Connector, noting that the project was being expedited.
Commr. Smith reported on the Elder Affairs Coordinating Council in the previous week and said that they were unable to take any action due to not having a quorum. He also mentioned that Congressman Daniel Webster was the guest speaker, and that he spoke about coming together and how much he enjoyed seeing local people addressing local issues. He said that one issue mentioned was the mobility of the elderly around the Lake County governmental complex, and he wondered what they could do to assist with this issue.
Commr. Parks stated that this had been an issue for a few years, and that one idea was to acquire golf carts to assist with access.
Commr. Smith then commented that he would have a Medical Examiner’s Board meeting on the following day, and that he would report on that in the following month.
Commr. Campione reported that in January 2022, she had her last Arts and Cultural Alliance meeting, relaying her understanding that Commissioner Shields was currently the liaison to that group. She commented that they were looking at planning exhibits that would occur in the rotunda of the Lake County Administration Building, and that it seemed like a good way to showcase local mediums of art and culture. She mentioned that she had also attended by Zoom Webinar a lunch-and-learn on short and long-term solutions addressing homelessness. She said that on January 18, 2022, she attended a Wekiva Wild and Scenic River System Management Committee Meeting by Zoom Webinar, and she reported that they were trying to promote the Wekivathlon, which was a six month activity starting on February 1, 2022 and running through July 31, 2022. She relayed that individuals could receive stickers for participating in various events related to the Wekiva River System, including hiking and camping events, and that one could find out about it on the Friends of the Wekiva River website, as well as the Wekiva Wild and Scenic River System website. She stated that she had attended a community meeting with a presentation by the St. Johns River Water Management District (SJRWMD) and a company that the SJRWMD had contracted with to work on a restoration project in the Emeralda Marsh area. She mentioned that the residents had thought this was a zoning case, and that they should have received notice about the project that the SJRWMD was working on because it was adjacent to where they lived. She said that she informed them that it was not a land use change, and that it was a property owner using their property in a way that they had the ability to do. She hoped to conduct an outreach to individuals adjacent to this restoration area and hold another meeting that could be better attended at a nearby venue. She relayed her understanding that there would possibly be a maximum of 10 trucks leaving the site per day, and that they would not be traveling on Emeralda Island Road to County Road (CR) 452; rather, they would be traveling to Emeralda Avenue and out to CR 44. She added that the County had resurfacing programmed for both of those segments of road in summer 2022, and that she had spoken to Ms. Barker and Ms. Melanie Marsh, County Attorney, about the possibility of the County working with the company and the SJRWMD to determine some of these details, mentioning the possibility of getting a bond on the roads to help getting it resurfaced after they were finished. She mentioned that some conditions were brought up at the meeting which could be beneficial to the property owners, such as testing their wells before they started, along with testing them during the process. She added that noise was a concern because of the motors which would be pumping 24 hours a day; therefore, the company had said that they could do things to reduce the noise. She commented that the water was polluted with phosphorus and that the peat was polluted with nutrients, and there were concerns for whether this process could unlock contaminants which would be detrimental to the environment; however, the SJRWMD indicated that all of the permits were issued from the Florida Department of Environmental Protection (FDEP), and that all of these issues had to be addressed. She also said that they indicated that they would take ongoing samples to monitor this. She stated that she would keep the Board apprised and work with staff to see if they could have an agreement with the company and the SJRWMD regarding the impact on the neighbors to ensure that it was as little as possible, adding that the County would be kept informed.
Commr. Parks noted that the concerns about water quality were serious, and he asked where it was coming from.
Commr. Campione was unsure, and at the meeting a suggestion was made that someone with the SJRWMD had said that there was contamination; however, there did not seem to be any official information. She relayed her understanding that FDEP was very strict, and one would have to take many samples for them to get to a comfort level if there was any concern about contamination. She opined that it was a comprehensive presentation, and that since it was the SJRWMD’s project, her impression was that the responsibility would be on them to share information with residents. She stated that if one lived adjacent to a State agency’s conservation property that had a mitigation plan, it was important to perform due diligence and participate so that one could know if there were plans to do restoration work. She then indicated that there would be an Affordable Housing Advisory Committee meeting on the following Wednesday, and the Parks, Recreation and Trails Advisory Board would meet on February 14, 2022.
Commr. Blake said that he had attended a Public Safety Coordinating Council subcommittee meeting, but he was not on that subcommittee.
citizen question and comment period
Mr. Rick Ault, a resident of the City of Clermont, expressed concern about the Lake County Water Authority being under the Board, and he opined that the Board was seeking to take away authority from the Board of Adjustment (BOA) to streamline that process. He said that he would like to see a referendum on the ballot for voters, and that he would like to see a supermajority vote required to change comprehensive plans (Comp Plans) in the Green Swamp and Wekiva River Basin, opining that the Board should protect the stability of protected areas.
Ms. Deborah Shelley, a resident of Lake County, thanked the Board for the joint meeting on the prior day, and she thanked the Commissioners for speaking with the City leaders. She commented that it was encouraging to hear the City leaders talking about maintaining their identities and keeping the areas between the cities rural. She mentioned that the discussion about maintaining the rural areas was encouraging, and she hoped that the City leaders would look at the City of Groveland criteria and incorporate that into their cities. She opined that it would be good to see existing entitlements and lots on one map, and that the discussion about transfer of development rights (TDRs) could be expanded.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Campione, seconded by Commr. Smith 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.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Shields asked to pull Tab 8 for discussion.
On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 12, pulling Tab 8 to the regular agenda, as follows:
COUNTY ATTORNEY
Recommend approval of a Lease Agreement with the Lake Agriculture and Youth Fair Association for use of the Lake County Fairgrounds and Event Center and buildings for Fiscal Year 2022. The fiscal impact is $1.00 (revenue). Commission District 4.
Recommend approval to accept the Proof of Publications of the certified minutes incorporating the Board of County Commissioners' Commission district boundaries approved on December 21, 2021.
Recommend approval regarding the following County-owned properties:
1. Accept Alternate Key 2569557 acquired through an Escheatment Tax Deed and declare surplus for the purpose of disposal.
2. Award bid to the highest bidder for purchasing Alternate Key 1184444 and authorize the Chairman to execute any necessary closing documents.
The fiscal impact is $356.00 (revenue). Commission District 3.
Recommend approval to:
1) Execute an Interlocal Agreement with Municipalities for Use of Regional Funds; and
2) Accept Florida-Endo Settlement Agreement and approve Participation Form; and
3) Authorize the Chairman to execute any future opioid related settlement agreements, participation agreements, or related documents.
There is no fiscal impact.
HUMAN RESOURCES AND RISK MANAGEMENT
Recommend approval of a Workers' Compensation Claims Settlement for a former employee who sustained an injury on 10/1/2020. A settlement agreement was reached in the amount of $85,000 (expenditure).
PUBLIC SERVICES AND INFRASTRUCTURE
Public Works
Recommend adoption of Resolution
2022-15 to reduce the speed limit on Wolf Branch Lane from 30 MPH to 25 MPH, in
the Mount Dora area.
The fiscal impact is
estimated at $200 (expenditure) and is within and will not exceed the Fiscal
Year 2022 Budget. Commission District 4.
Recommend approval to accept the final plat for Cagan Crossings East Phase 2 and all areas dedicated to the public as shown on the Cagan Crossings East Phase 2 final plat, located in the Four Corners Area.
The fiscal impact is $1,551 (revenue - final plat application fee). Commission District 1.
Recommend approval of an amendment to the Agreement for Sawgrass Bay Boulevard with D. R. Horton, Inc. There is no fiscal impact. Commission District 1.
Transit Services
Recommend adoption of supporting Resolution 2022-16
for the Florida Department of Transportation Public Transportation Grant
Agreement for the Public Transit Block Grant. This grant will assist with
funding for the Office of Transit Services operating expenses. The fiscal
impact is $1,474,797 (revenue/expenditure – 100 percent grant funded) and is
within the Fiscal Year 2022 Budget.
tab 8: WAIVER PROCESS FOR conditional use permits
Commr. Shields noted that there were concerns for this item.
Ms. Marsh explained that about a year prior, the Board had opted to create a variance/waiver provision where individuals coming in for conditional zonings could get their waivers or variances as part of that process versus going to a separate BOA meeting and then coming to the BCC. She elaborated that the conditional use permit (CUP) was inadvertently excluded when this change was made, noting that CUPs were conditional. She said that this item would shift this to the BCC so that they could consider a project in its entirety versus considering a project with the BOA which may have already imposed a condition that the BCC would be bound by if they needed to make a change. She stated that it also served the residents so that they did not have to attend two different public hearings. She mentioned that it did not give any power to the staff, and that staff did not want any power to give variances or waivers. She said that it was just taking the CUP and putting it fully within the purview of the BCC to allow the Board the ability to make whatever changes or conditions they thought would make the use compatible with the surrounding areas.
Commr. Campione asked if they were just adding CUPs into this process.
Ms. Marsh confirmed this and reiterated that all of their conditional zonings and CUPs would come to the Board so that they could consider it as a whole and impose whichever conditions were necessary to make it compatible.
Commr. Parks commented that the current action would be just to advertise the ordinance, and that it was not an actual approval.
Ms. Marsh believed that it would come back for a public hearing at the February 22, 2022 BCC meeting.
Commr. Campione said that regarding the comment from earlier in the meeting about taking power from the BOA, the BOA was a creation of the BCC, and the BCC could hear variances, but they set up a variance board typically for straightforward variances because of a hardship. She opined that when dealing with a conditional use issue or a planned unit development (PUD), it helped to be able to see the entirety of the situation to make the best decision. She commented that the other factor was not requiring the applicant or interested residents to attend multiple meetings.
Commr. Parks asked if Ms. Marsh could provide comparisons to other Counties at the public hearing if the Board moved forward to advertise the ordinance.
Ms. Marsh said that she had reviewed ordinances from several adjacent Counties, and many of them had variances going to their planning board rather a board of adjustment. She mentioned that in some situations, the planning board was the final decision maker, and in some situations, they only made a recommendation on a variance to the County Commission. She commented that she could present that information at a public hearing.
Commr. Parks remarked that from a planning perspective, it was common for certain cases like PUDs and conditional uses to be addressed at the BCC level, noting that there was language in some codes that the purpose of the PUD or the conditional use was to encourage innovative planning. He said that one might propose something that may normally require a variance, but they could do this because it encouraged the innovation of site design, noting that the Board could look at the site plan as a whole rather than focusing on that one issue.
Commr. Campione opined that the BOA had a function to serve and that it was not an issue of the people losing power, noting that the applicant and the residents still had two hearings.
Ms. Marsh confirmed that a CUP would go to the Planning and Zoning Board and that they would make a recommendation to the BCC.
Commr. Campione opined that it was a natural fix, and that the concerns that were voiced against it did not ring true.
On a motion by Commr. Smith, seconded by Commr. Blake and carried by a vote of 4-1, the Board approved to advertise an Ordinance amending Lake County Land Development Regulations to make the waiver process available to applicants seeking conditional use permits in lieu of appearance before the Board of Adjustment to seek a variance.
Commr. Shields voted no.
public hearing: ORDINANCE 2022-11 local state of emergency
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 ARTICLE VIII, CHAPTER 2, LAKE COUNTY CODE, ENTITLED EMERGENCY MANAGEMENT POWERS AND PROCEDURES; CODIFYING PROCESS AND PROCEDURE FOR DECLARING A LOCAL STATE OF EMERGENCY; PROVIDING FOR A DELEGATION OF POWERS; REPEALING RESOLUTION 1992-178; 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.
Commr. Blake thanked staff for helping with this item, noting that the Board had a good discussion at their last meeting and had modified the ordinance significantly. He opined that it was a good product.
Commr. Campione thought that they did a good job crafting an ordinance that limited powers but also made sure that items could be addressed in case of an emergency.
On a motion by Commr. Blake, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved Ordinance 2022-11 codifying Lake County's process for declaring a Local State of Emergency and subsequent delegated Emergency Management Powers.
appointments to the mt. plymouth-sorrento COMMUNITY REDEVELOPMENT ADVISORY committee
Commr. Campione mentioned that she was the liaison to the Mt. Plymouth-Sorrento Community Redevelopment Advisory Committee, and she listed the applicants for the committee and some of their qualifications. She recommended that the Board would reappoint Mr. Timothy Bailey, Ms. Frances Nipe, and Mr. Thomas A. Van de Kieft, and also appoint Ms. Lisa DuRant.
On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved the reappointments Mr. Timothy Bailey, Ms. Frances Nipe, and Mr. Thomas A. Van de Kieft, and the appointment Ms. Lisa DuRant.
Resolution 2022-17 opposition to Senate Bill 1144 and House Bill 1321
Mr. Jerry Smith, Director of the Office of EMS, explained that in Lake County, fire services operated under the County’s Certificate of Public Convenience and Necessity (COPCN), which allowed them to file with the State to obtain the advanced life support (ALS) license to be able to provide both non-transport first response and then transport services. He said that the COPCN had to be issued by the BCC, but the proposed bills allowed any government or fire district to bypass that step and go directly to the Florida Department of Health (DOH) to obtain a non-transport ALS license. He mentioned that this would not allow them to transport; however, they would not have to use the County’s medical director or dispatch center as they did currently, and they would be able to operate outside of the County’s system, opining that it supplanted the authority of the local government to the State. He commented that if the system continued to work the way it did currently, an agency could come to the BCC, make their case about having their own COPCN, which would allow them to get a license, opining that the process worked well in Lake County. He opined that there was not a need for these bills, and he relayed that staff recommended that the Board approve the resolution to oppose the legislation.
Commr. Parks expressed concern for this item, and opined that it encouraged duplicative services and discouraged cooperation. He opined that it may have stemmed from issues in South Florida, and that it could fragment the system.
Mr. Smith commented that the sponsors were from Volusia County and Collier County, and opined that there seemed to be a lack of cooperation in these areas. He mentioned that the COPCN process had been criticized over the years from those areas, and that a few years prior, the Florida Association of Counties drafted a position paper endorsing the COPCN process remaining with the BCC.
Commr. Parks said that one drawback was that different medical directors had a progression towards different systems, and that Lake County endeavored to have better health outcomes and was more efficient with tax funds. He opined that the bills posed a potential threat to that.
Commr. Campione opined that the more the system was fragmented, the more it would hurt the residents.
Commr. Parks mentioned that issues could be worked out with the Cities.
Commr. Smith inquired if the bills would allow different Cities to have different processes for treating the patient on non-transportable ALS services, and Mr. Smith indicated that theoretically, that was correct. Commissioner Smith commented that if a non-transportable situation became critical and a County ambulance was required to provide transport, the procedures could be different than what was currently practiced. He asked how mutual aid response would work if two Cities had two different procedures, and they both responded to a call.
Mr. Smith opined that it could lead to issues with patient care.
Commr. Blake inquired what the current process was for a denied request for a COPCN, and if it could be appealed to the State, and Mr. Smith indicated that it could not. Commissioner Blake then said that he would understand if certain contentions caused situations that could be appealed to the State, but this could not. He mentioned that the bills had not yet been heard by the State, and he asked Mr. Smith if he thought it might pass.
Mr. Smith mentioned that this was one of the first times similar bills had been sponsored in both chambers, and he thought it might pass.
Commr. Campione opined that it would make sense to have a process to appeal if a County denied a COPCN arbitrarily, but opined that the BCC was in the best position to make those determinations.
Commr. Blake opined that it might be prudent to file a bill that had more than one wanted to accomplish, and that it could be sensible to see what happened in the first committee. He opined that the Board should find out what the real aim of the sponsors was before taking a stand on it, and then the Board could recommend changes to it.
Commr. Parks inquired if that could be put in the resolution or a letter.
Commr. Blake suggested that it could state that Lake County was not opposed to a process for the State to have authority in certain situations, but that the County was opposed to it in its current form.
Commr. Parks opined that the County would not oppose an appeal process.
Commr. Campione clarified that the County was opposed to it in its current form, opining that it was contrary to quality patient care.
Ms. Barker said that a cover memo could accompany the resolution that indicated that Lake County was not opposed to oversight provided there were issues between a County and Cities within that County, but that Lake County was opposed to it in its current form.
Commr. Parks indicated that he would like that.
Ms. Marsh said that if it was going to be sent as a resolution, it needed a motion. She mentioned that the resolution could be altered to include verbiage indicating that Lake County opposed the bill in its current form, and that it could be sent with a cover letter identifying what changes or processes would be acceptable.
Commr. Blake commented that the County could start by sending a letter to the sponsor and/or the chairman in lieu of the resolution.
Commr. Park expressed concern about the time that would elapse before the Board met again.
Commr. Campione recommended adopting the resolution the way it was, opining that it was against the best interest of Lake County residents. She opined that an appeal process could be a good option for a particular situation that another entity was dealing with, but that in its current form, it could adversely impact the residents of Lake County.
Commr. Blake remarked that he would vote against the resolution because he didn’t have enough information to take a position to oppose it.
Commr. Campione commented that there could be time to discuss a letter in a future BCC meeting, opining that the resolution should go to the State sooner.
Ms. Marsh clarified that the motion included the County sending just the resolution to the State, and that a letter could be discussed after the fact.
Commr. Parks indicated that was correct, and that it would be an ongoing issue, adding that a letter could go from the Board to the sponsor of the bill.
On a motion by Commr. Campione, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved Resolution 2022-17 expressing opposition to Senate Bill 1144 and House Bill 1321 which would allow certain governmental agencies to receive an ALS non-transport license from the Department of Health without obtaining a COPCN.
Commr. Blake voted no.
reports
county manager
Strategies workshop
Ms. Barker commented that there would be a strategies workshop on February 15, 2022 at the Cooper Memorial Library in the City of Clermont.
President’s Day Closures
Ms. Barker announced that the County offices would be closed on February 21, 2022 in observance of President’s Day.
commissioners reports
commissioner shields – district 1
Economic Development
Commr. Shields mentioned that several of the Commissioners had visited the City of Ocala to learn about economic development in Marion County, and opined that it was interesting.
Joint planning meeting
Commr. Shields opined that the joint planning meeting with the Cities on the prior day was good, and that the County was making progress with the Cities. He commented that in a Zoom Webinar meeting with KB Homes for a project they were pursuing in the City of Groveland, they had offered to follow the City’s new standards. He said that they had indicated that the more the Cities’ and County’s standards were aligned, the easier it would be for them to conduct business, and he opined that it was a good reason to keep this process going.
YMCA and at-risk youth
Commr. Shields commented that the YMCA, which was involved with four out of 14 middle schools in the county, was reaching out to at-risk youth, and that they wanted to expand into more middle schools.
commissioner smith – vice chairman and district 3
City of Ocala Meeting
Commr. Smith mentioned that he had also attended the meeting in the City of Ocala, and opined that it was interesting. He opined that the community was active, and he looked forward to learning more about that process.
joint planning meeting
Commr. Smith commented that the planning meeting on the previous day was productive, and that it was the first time all 14 Cities had come together. He opined that if the County continued to get input from them, it would be make Lake County better for everyone.
commissioner campione –district 4
Joint planning meeting
Commr. Campione commented that the joint planning meeting held on the previous day was productive, that all the Cities were represented, and that there was cooperation. She mentioned that the County could encourage Cities to have a vision and identify the issues, and she hoped that this would help keep certain rural areas protected. She opined that there were still many areas that could be protected from development, which could affect many generations to come, and that it could only be accomplished with cooperation between the Cities and the County as a community effort. She expressed appreciation for the work that was done to make it a successful meeting.
COMMISSIONER BLAKE – DISTRICT 5
Joint Planning meeting
Commr. Blake commented that the joint planning meeting on the previous day was a well-attended meeting, and he expressed concern about protecting property rights. He opined that the County did not want mandates from the State, and that the County should not mandate this to the Cities. He said that one could arrive at best practices by trying different things, opining that the Cities should be allowed to do this.
Ocala/Marion County Chamber & Economic Partnership
Commr. Blake made comments regarding a presentation from the January 25, 2022 meeting with the Ocala/Marion County Chamber & Economic Partnership (CEP), and he mentioned that he had met with a member of the Lake Economic Area Development (LEAD) team. He remarked that he looked at economic development objectively, but he indicated concern about the Lake 100 organization working with the CEP on behalf of the County for two years without the Board’s knowledge. He said that the timeframe to decide on this program for Lake County seemed rushed, and that it did not give the Board much time to research it. He commented that he was a proponent for outsourcing, but that he had questions he would have asked had he been present at that BCC meeting. He opined that they gave conflicting information about the Enterprise Florida designation, and that the Lake County staff in charge of economic development deserved a chance to respond to the presentation and compare it to what staff was already doing. He noted that the CEP presentation talked about focusing on recession-proof industries, such as food distribution, and that the Lake County staff had brought in Kroger-Ocado in partnership with the City of Groveland. He said that these were some of the things that he wanted on the record, but that he was not against considering their proposition.
supervisor of Elections building
Commr. Blake expressed concern about the cost for constructing the new building for the Supervisor of Elections, and he opined that the loan required for the building would cost as much as paying the current lease payment to the year 2100. He remarked that this project would increase the debt by 20 percent, and that the County had other projects that needed attention, such as the building for the Lake County Sheriff’s Office, noting that the doors on the building needed maintenance.
pocket neighborhoods
Commr. Blake mentioned that he would like pocket neighborhoods to be on the agenda for the upcoming strategies workshop, opining that it could be an option to address the workforce housing issue. He suggested that it could be an approved use across all residential zoning designations, adding that it would require a Comp Plan amendment. He opined that the workforce housing situation needed to be addressed, and that if there was interest in it, staff would need to prepare it for the strategies workshop.
Commr. Parks commented that he was also concerned about the cost for the new building for the Supervisor of Elections, and that there would be discussion on that issue, adding that the doors to the historic courthouse needed to be addressed. He also commented that he supported pocket neighborhoods, and that he would like to see it on the agenda for the strategies workshop.
Commr. Campione asked if a pocket neighborhood would consist of 10 acres.
Commr. Blake said that a starting point could be 10 to 15 acres, and that a certain density would be allowed, adding that he could show the Board some examples at the strategies workshop.
Commr. Campione suggested an exercise of how that would work within the County’s land use designations with some examples. She mentioned that being an allowable use on its own could have potential consequences if not thought through, and she suggested using a couple of locations as examples to show how it would affect the neighborhoods. She opined that the concept was a good idea, and that if the County led this, the Cities would be more prone to adopt something similar, adding that they could provide water and sewer or an Onsyte system for a higher density. She commented that it would not be appropriate for a rural area, because it would result in higher densities and a longer drive to work. She said that she was in favor of pocket neighborhoods, especially if it addressed workforce affordable housing.
Commr. Blake mentioned that the City of Leesburg had mentioned a $300,000 house cost, and he questioned how that would help the workforce housing issue, opining that the County should explore other things.
Commr. Campione said that there was a concept of a build-to-rent house, which could address the issue of workforce housing and affordable housing needs. She commented that it was like a pocket neighborhood that was owned by one owner, and that it could consist of detached houses, townhomes, or duplexes. She mentioned that it would not result in homeownership, but it would be affordable because some of the requirements would be taken away.
Commr. Parks indicated that he was in favor of adding it to the agenda for the strategies workshop.
Ms. Barker commented that it could be added to the strategies workshop agenda, and that staff could work with Commissioner Blake to provide some examples to share with the Board. She opined that it could become more than just a strategies workshop discussion, but that staff could get some direction to move forward with some research.
Commr. Campione recalled that in a previous presentation on affordable housing, the organizations were building rentals, opining that this could be a project that they could do since affordable housing was their goal.
Commr. Parks mentioned that the County was still vetting the CEP and the LEAD initiative, and opined that the Enterprise Florida designation was a good question, and that more people should be made aware of this.
Commr. Campione commented that she was interested in learning more from the staff’s perspective about a LEAD partnership. She mentioned that she would be in favor of it if it correlated with what the County was already doing, and that their sense of urgency was from their wanting to bring their staff on board. She said that they had commented that they would have enough private investment that they would not need to rely on the County’s investment in the long run, opining that the County would just be seeding it. She commented that County staff could work with a private entity that could do things that a local government could not do, and that it was important to address those things, such as business attraction and retention. She said that she would like to learn more from the staff’s perspective, such as what was already being done, what had already been accomplished, and how something like this could be used to better the process.
Commr. Parks inquired if staff could do that for the strategies workshop.
Ms. Barker indicated that Ms. Tracy Garcia, Interim Director of Economic Growth, had been working on that, and that staff would provide information to discuss at the strategies workshop. She mentioned that staff would show what was currently being done, the services currently offered, and the funding provided to Economic Growth to contrast with what CEP would do, adding that it would include how they could work together to make that partnership successful.
Commr. Smith mentioned that he had received an email from her with some interesting facts about this issue that he had found very helpful.
commissioner parks – Chairman and district 2
Joint Planning meeting
Commr. Parks reiterated that the meeting on the previous day was good, and that he was hopeful but realistic. He mentioned that another meeting needed to be held within the year to keep others engaged and trusting the process. He commented that the County could propose a process and provide outreach, adding that the residents’ input would be needed.
Commr. Campione commented that the County had an obligation to protect the residents’ property rights, opining that the entitlement maps were very helpful. She said that some rights could be sold through a TDR, and that people had the right to use their lands, including those rights bestowed from a zoning standpoint.
Commr. Parks mentioned that there were consequences when property rights were taken away legally.
Commr. Campione said that the County had a constitutional and a moral obligation to ensure someone would not have to take legal action.
Commr. Parks opined that the County worked in partnership with land owners through the TDR program and through the Cities, and that there could be some common standards that could be found. He mentioned that development decisions were not binary, and that there were many factors that were involved as well as property rights.
Commr. Campione commented that if the County were sued over an issue, then the taxpayers would have to pay for that, and that as much as the Board would like to be accommodating, it could become a burden to the taxpayers.
Commr. Parks reiterated that he was hopeful about the meeting results from the previous day, and he thanked staff and the Cities for their cooperation. He said that the County could propose a framework and a process and publicize it.
Commr. Shields suggested hosting a quarterly meeting through Zoom Webinar, and that the County and the Cities could reconvene.
Commr. Parks commented that there were more detailed questions, and he thought that the TDRs were encouraging. He agreed that it would be good to meet quarterly, and that even though managers did much of the implementation, the elected officials had the responsibility to meet together and discuss the process. He said that the County could propose a quarterly meeting for the elected officials.
Ms. Barker remarked that staff would draft a proposal, and that it would be presented to the Board to ensure it would fulfill what was envisioned for the process.
Commr. Parks said that if there was a draft, then it could be discussed and publicized.
Ms. Barker said that it could be ready for the strategies workshop in the following week, and that there could be more discussion about moving forward.
recess and reassembly
The Chairman called a recess at 10:39 a.m. until 11:00 a.m.
closed session
Ms. Marsh relayed that she had previously acknowledged the need for a closed session, which was authorized under Florida Statute 286.011, to discuss pending litigation against the County. 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, and that the court reporter 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 be 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 was published on January 28, 2022 in the Daily Commercial newspaper. She specified that she would be present along the Board and the Interim County Manager. She anticipated that as much as 30 minutes would be spent in the session, and that they were ready to begin. She then asked for the recording to be turned off and for the doors to be secured.
RECESS AND REASSEMBLY
At 11:21 a.m., the Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:21 a.m.
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SEAN PARKS, chairman
ATTEST:
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GARY J COONEY, CLERK