A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

June 14, 2022

The Lake County Board of County Commissioners met in regular session on Tuesday, June 14, 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, 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 announced that it was Flag Day, and he welcomed everyone to the meeting. He said that the Invocation would be given by Pastor Brooks Braswell, with First Baptist Church of Umatilla, and that the Pledge of Allegiance would be led by a leader in public safety, Chief Jim Dickerson. He explained that Chief Dickerson was the Lake County Fire Chief, and that he had spent 39 years as a public servant, noting that 18 of those years have been spent with Lake County. He elaborated that Chief Dickerson had started his expansive career as a volunteer fire cadet at the age of 13, and that he was hired as a professional fire fighter at the age of 19 with the City of Palatka Fire Department. He related that in 1985, Chief Dickerson became a paramedic, and that at age 23, he was hired by Seminole County where he was later promoted to Battalion Chief. He stated that in 2004, Chief Dickerson became the Assistant Chief Operations in Lake County, and that in 2007, he received his Executive Fire Officer Certification from the National Fire Academy; furthermore, in 2008, he received his Bachelor’s Degree from Warner Southern College and became Fire Chief in 2016. He mentioned that Chief Dickerson’s career highlights included the following: the 1998 Wildfires; the 2004 Hurricane Ivan Deployment; the 2005 Hurricane Katrina Deployment; building the Lake County Fire Special Ops Team; implementing family-oriented events, such as family night with newly hired members and annual pinning ceremonies; and improving Lake County Fire Rescue’s Insurance Services Organization (ISO) rating from 6/9 in 2004 to 3/3X in 2022. He then expressed his appreciation for Chief Dickerson.

Pastor Braswell gave the Invocation and Chief Dickerson 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, County Manager, related that the Chairman of the Sales Surtax Oversight Committee who was scheduled to give the presentation for Tab 2 was unable to attend. She said that the report was attached, and that the presentation from the Chairman would be postponed. She related that additional language was added to the recommended required action on Tab 6, and she requested that Tabs 9 and 16 be pulled to be brought back at the June 28, 2022 Board of County Commissioners (BCC) meeting. She mentioned that on Tab 10, there was an adjustment on the agreement that was first attached.

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

Kevin McHugh, Risk & Benefits Specialist

Office of Human Resources & Risk Management

Dallas Meringolo, Extension Agent I

Office of Extension Services

Tia Waryas, Veterinary Technician II

Office of Animal Services

TEN YEARS

Thomas Muse, Firefighter/EMT

Office of Fire Rescue

FIFTEEN YEARS

Scott Burrows, Fire Lieutenant/Paramedic

Office of Fire Rescue

Jeffrey Shrock, Firefighter/EMT

Office of Fire Rescue

TWENTY YEARS

Sharon Hogan, Stormwater Technician

Public Works Department

THIRTY-FIVE YEARS

Steven Lee, Assistant Area Maintenance Supervisor

Public Works Department

RETIREMENT – 22 YEARS

Susan Taylor, Scales Attendant I

Public Works Department

RETIREMENT – 36 YEARS

Mary Harris, Impact Fee Associate

Office of Planning & Zoning

RETIREMENT – 28 YEARS

Sheila Short, Senior Planner

Office of Planning & Zoning

SPECIAL RECOGNITION

Office of Procurement Services

Award of Excellence in Public Procurement

Lake County Aquatic Plant Management

Jillian Boyar, Biological Associate

Mr. Bobby Howell, Director for the Office of Planning and Zoning, recognized Ms. Sheila Short for her service to Lake County and its citizens. He explained that Ms. Short began her career in 1987 with the Department of Environmental Health, and that in February 28, 1994, she became a Land Use Technician in the Office of Planning and Zoning. He elaborated that Ms. Short moved through the positions of Planner, Planner I, and Planner II, and that she became the Team Supervisor over the front counter staff. He relayed that in 2012, Ms. Short was promoted to Senior Planner, and that during her tenure she was dependable and maintained a positive attitude. He commented that Ms. Short had proven to be a dedicated employee who showed professionalism and respect, adding that she had overseen and processed thousands of projects, ensuring that they stayed within the guidelines and ordinances that Lake County had established. He mentioned that Ms. Short was a mother and a grandmother, and that her hobbies included fishing and being active in her community. He remarked that in her retirement, Ms. Short planned on traveling and spending time with her family, and he thanked her for her dedication and service to Lake County and its citizens.

Ms. Nelson commented that the first special recognition was for the Office of Procurement Services, which had been awarded the Award of Excellence in Public Procurement. She mentioned that this award was established by the Florida Association of Public Procurement Officials to recognize organizational excellence in procurement, and that it recognized agencies, Cities, School Boards, Counties, and other governmental entities that met or exceeded benchmarks in best practices in a procurement profession, adding that this was achieved only by those organizations that obtained a high score on a standardized criteria designed to measure innovation, professionalism, eProcurement, productivity, and leadership attributes of the procurement function. She noted that the Lake County Office of Procurement Services was one of only 19 agencies that won the Award of Excellence in Public Procurement for 2022, and she congratulated them for their accomplishment. She then showed a news video that recognized Ms. Jill Boyar, Biological Associate with the Public Works Department, for her rescue of a downed helicopter pilot in Lake Apopka.

Commr. Parks congratulated Ms. Short on her retirement and expressed appreciation for her and for all the employees recognized that day. He noted that the County’s staff was roughly the same size as it was in 2007, and opined that the employees were asked to do more with less. He thanked them for working hard and for making Lake County look good.

Minutes approval

On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meetings of March 8, 2022 (Regular Meeting) and March 22, 2022 (Regular Meeting) as presented.

commissioner’s boards and committees updATE

Commr. Parks commented that the BCC represented the residents of Lake County on a number of different committees, and that this was a chance to report on those committees. He mentioned that it was also an opportunity for the Board to encourage residents to volunteer and be part of their local government.

Commr. Shields remarked that he had an Arts and Cultural Alliance meeting, and that the art show in the rotunda of the County Administrative Building would be delayed. He said that there was discussion on combining the Arts and Cultural Alliance with tourism, and he hoped that good things would come from that.

Commr. Smith said that he had an Elder Affairs Coordinating Council meeting, and that they were trying to persuade more people to join them in helping the community. He mentioned that the Children’s Services Council meeting also needed more people and more enthusiasm, opining that it could be more productive and help the community more. He related that he had attended a joint meeting with the City of Tavares and the YMCA regarding the Golden Triangle Regional Park, and that there was a possibility of having the fifth and final park in Commission District 3.

Commr. Campione reported that she had attended the Transportation Disadvantaged Coordinating Board (TDCB) meeting, and that they continued to have driver shortages, which was creating issues for scheduling, adding that the County was in the request for proposal (RFP) process with regards to the transit provider. She commented that the Affordable Housing Advisory Committee meeting would be the following Friday, and she would report on that at a future BCC meeting. She said that there would also be a Regional Affordable Housing Advisory Committee meeting, and that they would discuss what other communities were doing for their affordable housing needs. She mentioned that she had attended the Boys and Girls Club grand opening in the City of Leesburg in the previous week, and noted that it had taken about 10 years to obtain that facility. She relayed that the County had provided a Community Development Block Grant (CDBG) for the community center, and that the Boys and Girls Clubs of Central Florida would operate the facility. She explained that it was connected to the City’s gymnasium, and she invited the other Commissioners to visit it.

Commr. Blake commented that he would attend the Library Advisory Board meeting on the following Thursday evening, and that they would approve the library impact fee awards, which would come back to the Board.

Commr. Parks reported on the Central Florida Expressway Authority (CFX) meeting, and stated that they were nearing completion of the 2045 visioning, which occurred every five years. He explained that they discussed potential new corridors, and that they made a commitment to build more roads and add additional lanes, which were needed. He elaborated that they would also explore more intelligent transportation systems, such as managed lanes on some of the CFX roads, which could delay the necessity of additional lanes and the construction costs that were part of that. He mentioned that there was much growth planned for CFX roads, such as State Road (SR) 414 which would be double-decked because of traffic issues, and that no new right of way would be required for that. He said that the report was not finished yet, and that it would come out in August 2022; additionally, he had asked the Executive Director, Ms. Laura Kelley, to give a presentation to the Board at that time and allow the public to participate. He opined that it would be good to discuss SR 516, which was the Lake/Orange Expressway, and receive an update on that.

Commr. Campione asked if there were any major projects planned that would extend into Lake County.

Commr. Parks replied that in August 2022, a future emerging corridor could be discussed.

Commr. Campione opined that this would present a good opportunity to learn about it.

citizen question and comment period

Mr. Vance Jochim, a concerned citizen, mentioned that it was Flag Day, and that there was a congressional candidate in attendance. He observed that the minutes attached in the agenda packet were for March 2022, and opined that the minutes should be done more timely. He related that the City of Tavares had a meeting on the previous evening in which traffic was a concern as well as high density developments. He opined that the lack of safety on the roads could be used for delaying development requests, and suggested that traffic accident reports for a two mile radius of the affected area be included in the hearing in order to slow development. He expressed concern about the traffic, and opined that the County could solve the road capacity issues by delaying development.

Mr. Bill Siegenthaler, a resident of Lake County, thanked the County for the proclamation declaring July 2022 as Pride in America Month, and commented that this was inclusive of the citizens of Lake County and the United States (U.S.). He mentioned that he had brought copies of the Declaration of Independence and the Constitution of the U.S. in honor of Pride in America Month, and that he would like to donate them to the County and the local library system.

Ms. Laura Loomer, a resident of Lake County, opined that the Board should approve the proclamation declaring July 2022 as Pride in America Month, noting that she was concerned about the state of the country and the rise of anti-American sentiment. She opined that it was their responsibility as American citizens to preserve their history, and stated that she was proud to be an American. She said that it was fitting that this would be approved on Flag Day, which was the anniversary of the first U.S. flag on June 14, 1777, and added that it was President Donald Trump’s birthday.

Ms. Sue Parent, a resident of the City of Mount Dora, expressed concern about what was going on in the country, and related that she was the president of the Lake County Election Integrity and Voter Protection Coalition. She mentioned that there were 11 federal holidays celebrated in the U.S. every year, and she wondered why Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) Pride Month was celebrated the entire month of June when American heroes were only celebrated for 24 hours. She stated that she loved and supported the gay and transgender people in her life; however, she opined that pride was not limited to gay people. She commented that she was proud when she watched people come together to help each other in times of distress, and hoped that the Board would pass this proclamation of Pride in America Month and stand proud while celebrating the U.S. during the month of July 2022.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 7, as follows:

List of Warrants

Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

City of Minneola Annexation

Notice is hereby provided of having received the Small Scale Comprehensive Plan Amendment Ordinance 2021-26 and corresponding Annexation and Rezoning Ordinance 2021-25 from the City of Minneola.

City of Minneola Annexation

Notice is hereby provided of having received Comprehensive Plan Amendment Ordinance 2021-26 and Annexation and Rezoning Ordinance 2021-25 from the City of Minneola.

Greater Lakes/Sawgrass Bay Community Development District Annual Financial Report

Notice is hereby provided of having received the Greater Lakes/Sawgrass Bay Community Development District Annual Financial Audit Report for the fiscal year ended September 30, 2021, pursuant to Section 11.45, Florida Statutes, and Section 189.418, Florida Statutes.

City of Fruitland Park Annexation

Notice is hereby provided of having received Annexation Ordinance 2022-011 from the City of Fruitland Park.

Olympus Community Development District Proposed Budget

Notice is hereby provided of having received the Olympus Community Development District proposed budget for Fiscal Year 2023 in accordance with Chapter 190.008, Florida Statutes.

Southwest Florida Water Management District’s Annual Comprehensive Financial Report

Notice is hereby provided of having received the Southwest Florida Water Management District’s Annual Comprehensive Financial Report for the fiscal year ended September 30, 2021, and the District's Fiscal Year 2021 Annual Financial Report (AFR), which was filed electronically with the Department of Financial Services, Bureau of Local Government on May 25, 2022.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 18, pulling Tabs 9 and 16 as follows:

PROCLAMATION

Request approval of Proclamation 2022-58 declaring July 2022 as Pride in America Month, per Commissioner Parks.

COUNTY ATTORNEY

Recommend approval of First Amendment to Lease Agreement between Lake County and NWS Holdings, LLC for Commercial Office Space. The additional fiscal impact for Fiscal Year 2023 is $57,963.72 (expenditure).

Recommend approval:

1. For the Chairman to execute an Estoppel Letter regarding a portion of Lot 10, Lake County Central Park Phase 1 (Alternate Key 3612116); and

2. Delegate authority to the County Manager and County Attorney to review and approve future Estoppel Letters related to the Lake County Central Park/Christopher C. Ford Park.

There is no fiscal impact. Commission District 1.

ADMINISTRATIVE SERVICES

Management and Budget

Recommend approval of the Veterans Treatment Intervention Program Agreement that provides financial support to Lake County for aid in felony and/or misdemeanor pretrial or post-adjudicatory veterans treatment intervention programs.

The total estimated fiscal impact is $136,900 (revenue). This includes revenue of $66,900 in Fiscal Year 2022 and $70,000 in Fiscal Year 2023.This is a cost reimbursement agreement based on actual expenses incurred by the County. The County will be reimbursed on a monthly basis by the State of Florida for the actual service-related expenditures.

Fire Rescue

Recommend approval of an amendment to the Interlocal Agreement for Fire Protection and Rescue Services between Lake County and the City of Mascotte to allow the County to manage any construction or renovation projects the City undertakes to Fire Station 91. There is no fiscal impact. Commission District 1.

Recommend approval:

1. Of the Professional Fire Fighters of Lake County, IAFF, Local 3990, Collective Bargaining Agreement for Fiscal Year 2022 through Fiscal Year 2024; and

2. Of the associated Fiscal Year 2022 budget transfer in the amount of $1,984,111; and

3. To authorize the Chairman to execute the agreement.

The estimated fiscal impact for Fiscal Year 2022 is $1,984,111 (expenditure).

Recommend approval:

1. Of Contract 22-738 to Mullinax Ford of Central Florida, Inc. (Apopka, FL) to purchase Brush Truck Vehicles for the Office of Fire Rescue; and

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

The estimated fiscal impact is $159,000 (expenditure) and is within, and will not exceed, the Fiscal Year Budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval of a budget transfer in the amount of $124,495.50 from the Facilities Repair and Maintenance account to Facilities Capital Buildings account for the chiller replacement at the Umatilla Health Department Building.

The fiscal impact is $129,494.50 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget. Commission District 4.

Public Works

Recommend approval:

1. Of Contract 22-735 to Cumberland International Trucks of Florida, LLC (Ocala, FL) for the one-time purchase of a Flat Bed Dump Truck for Public Works Department, Road Operations Division; and

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

The fiscal impact is $116,002 (expenditure) and is within, and will not exceed, the Fiscal Year 2022 Budget.

Recommend approval to execute a Proportionate Share Mitigation Agreement with the Lake County School Board, McKinnon Groves, LLLP, Dayne A. and Lisa A. Jones, and the Preserve at Avalon, LLC.

There is no fiscal impact. Commission District 1.

Recommend approval to execute a Proportionate Share Mitigation Agreement with the Lake County School Board and Oak Ridge 1, LLC.

There is no fiscal impact. Commission District 1.

Recommend approval to accept the final plat for Estates at Lakeview Preserve and all areas dedicated to the public as shown on the Estates at Lakeview Preserve final plat, located southeast of the City of Clermont.

The fiscal impact is $1,551 (revenue - final plat application fee). Commission District 2.

Transit Services

Recommend approval:

1. Of Contract 22-916 for Provision, Warehousing, Installation and Repair of Transit Shelters and Related Amenities to Spencer Fabrications, Inc. (Tavares, FL); and

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

The County will use funding from the Federal Transit Administration and the Florida Department of Transportation for all purchases resulting from this contract. The fiscal impact is $200,000 (expenditure - 100 percent grant funded), and is within, and will not exceed, the Fiscal Year Budget.

comments on items from the consent agenda

Chief Robbie Fickett, with Lake County Fire Rescue, thanked the Board for voting on the collective bargaining, noting that much time had been taken to work on it. He said that he wanted to recognize those who had contributed their time including the following individuals: Ms. Barker; Ms. Melanie Marsh, County Attorney; Mr. Jim Kovacs, Director for the Office of Human Resources and Risk Management; Mr. Tommy Carpenter, Assistant County Manager; and the staff that helped with this. He commented that this contract would be influential for the following three years, and that it would help them retain their current employees and attract new employees.

Commr. Parks expressed appreciation for those who worked as firefighters and in public safety, and opined that they represented Lake County very well.

Commr. Smith mentioned that the current day in history was Flag Day and the birthday of the U.S. Army, opining that it was appropriate to present the proclamation declaring July 2022 as Pride in America Month on this day.

Commr. Parks explained that the reason for declaring July 2022 as Pride in America Month was evident because of the love of this country, and that this could be seen on July 4, 2022 and in the events that were held on Memorial Day, which honored those that sacrificed their lives for the nation. He opined that it was important that appreciation of this great nation be portrayed to the world and to the country, and that Lake County would be consistent in its love for the nation. He hoped that Lake County would be a positive example of a community that tried to exemplify what it was to be an American, and that the residents would pass these values down to the next generation. He elaborated that there were some unifying principles in expressing the love of the nation and recognizing it even if there were differing opinions, and that all were unified through this nation and its founding principles. He opined that this proclamation paired nicely with the Liberty Tree celebration, which he hoped would be a tradition around the County, noting that there had been some positive comments, and he thanked staff for their contributions in organizing that event. He opined that the celebration of the nation’s founding and values should be celebrated for the whole month of July 2022, and he then read Proclamation 2022-58 declaring July 2022 as Pride in America Month. He expressed appreciation for the copies of the Constitution of the U.S. and the Declaration of Independence for the Lake County library staff to distribute, and asked for confirmation that the County would provide many more copies through the library system.

Ms. Barker confirmed that the County had ordered 1,000 pocket sized Constitutions of the U.S., which would be distributed to all 16 libraries.

Commr. Parks suggested providing copies of the proclamation to the libraries, and he encouraged the libraries to decorate for it and advertise it.

public hearing: water connection requirement waiver

Mr. Howell stated that the applicant was requesting a waiver for the utility connection for their property located on County Road (CR) 44 in the City of Eustis unincorporated area, and that the action had been advertised in the newspaper. He explained that the future land use (FLU) was Urban Low and the zoning was Residential Professional (RP). He mentioned that the owners had stated in a letter that there was an existing grove well located on the subject property, and that they were requesting to install a new potable water well on the property for the construction of a new home in lieu of connecting to the City of Eustis water services. He elaborated that an estimate provided to the property owner listed the connection cost of $7,114, which included $5,760 for the water line extension, $854 for the city water impact fee, and $500 for the installation of the city water meter. He commented that the City of Eustis provided notification that there was water located within 300 feet of the subject property, and that pursuant to Comprehensive Plan (Comp Plan) Policy IX.2.2.2, Mandatory Central Water Connection, new development within the Urban FLU Series was required to connect to a public water system when available. He relayed that staff found the provided documents sufficient for consideration for the water connection waiver, and that if it was granted, it would be valid until the following conditions occurred: the Board determined that the existing method of providing water was endangering the environment, public health, safety, or welfare; the private system failed, and a replacement was required; or the private system was relocated.

Commr. Smith asked if there was sewer available.

Mr. Howell replied that there was no sewer available within the vicinity.

Commr. Campione commented that it was an existing lot, and that they were in the process of building a home. She mentioned that it was low density, and opined that they should have the right to make their own decision if they did not want to connect to the City of Eustis water system.

The Chairman opened the public hearing.

Ms. Tiffany Belton, the owner of the property, related that in addition to connecting to the city water, the City would require annexation because 25 feet of their property was contiguous to the city limits, and she stated that they did not want to do that.

Ms. Dee Gretzler, a concerned citizen, said that she supported the waiver.

Ms. Cindy Newton, a resident of Lake County, commented that she approved of the waiver.

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

On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved a waiver to the mandatory water connection requirements for 3215 E. CR 44 (Project # 202205011, Application Request # 4884).

Presentation of the Fiscal Year 2023 Proposed Budget Summary

Ms. Barker recalled that the departments had presented budget proposals to the Board in May 2022, and that staff would summarize that; additionally, all of the budget requests had been received from the Constitutional Officers and would be included in the presentation, with the exception of the Lake County Tax Collector.

Ms. Allison Teslia, Director for the Office of Management and Budget, mentioned that in February 2022, the County held the budget strategies workshop, and that the departmental budget workshops were held in May 2022. She relayed that the preliminary taxable values were received on June 1, 2022, and that she would present the budget summary on that current day. She displayed the best estimate of the property values as of June 1, 2022, and commented that ad valorem revenues were based on the best estimate of property values that were provided, which indicated an 11.96 percent growth in property values, noting that the final values would be available in July 2022. She related that this reflected an overall increase of about $3.1 billion with $939 million in new construction, and that the increase for the Lake County Fire Rescue municipal service taxing unit (MSTU) was attributable to the Town of Montverde coming onto the tax roll for the following year; additionally, the status quo millage rate of 5.0327 was being used for the General Fund, which did not include the Tax Collector’s Fiscal Year (FY) 2023 budget request. She remarked that for the expenditures, the County departments and offices as a whole increased by about $3.2 million, which included the following: the proposed wage adjustments; about $1 million in anticipated increases for contractual services for repairs and maintenance; and $1.5 million for the Blackwater Creek Wetlands Mitigation settlement. She said that the community redevelopment agency (CRA) payments were based on estimates because those values were not available yet, and that the judicial support reflected anticipated increases for contractual services, supplies, utilities, communication costs, repairs, and maintenance, noting that the Circuit Judges’ technology included $155,000 for an access control security project. She related that the Medical Examiner increase was from contracted increases and a reallocation due to population estimates increasing. She stated that the proposed budget fully funded all of the requests, but that it did not include additional funding for road resurfacing. She commented that the reserves would increase to $31.8 million, which was approximately 18 percent of the General Fund expenditures, noting that it would be a reduction from the current 19.5 percent due to an increase in total expenses. She remarked that the department position requests included the following: Lake County Fire Rescue was requesting six Firefighters and Emergency Medical Technicians (EMTs); County Probation was requesting to convert their limited term employees to permanent positions; and Public Safety Support was requesting to convert a part-time position to a full-time position. She mentioned that the majority of the departments were seeing increases related to the proposed wage adjustments, increases in insurance premiums, and anticipated increases for supplies, contracts, fuel costs, repairs, and maintenance, which were attributable to the current state of inflation. She commented that some of the major departmental items included the following: the Information Technology (IT) Department was meeting House Bill (HB) 7055 requirements and having risk assessments and security enhancements; the Office of Parks and Trails added the Lake Norris Conservation Area, and there was a decrease due to projects that were completed in FY 2022; Library Services reflected an additional $5,000 per member library, which increased the payment of appropriations; Housing and Community Services requests decreased because of coronavirus disease 2019 (COVID-19) pandemic relief funds from the Emergency Rental Assistance (ERA) program expended in the current year and grant funding availability for FY 2023; the Office of Transit Services included the expansion of services with the addition of two new routes and the purchase of additional buses; the Office of Elevate Lake would add $500,000 funding for Lake Economic Area Development (LEAD) after the contract comes back for Board approval; and the Office of Visit Lake reflected a projected revenue increase, which would be used for additional promotional activities. She related that other departmental budget requests included the following: the Office of Building Services included upgrades to the plan review area and additional professional services and implementation for a software replacement project; the Office of Fire Rescue proposed pay and Florida Retirement System (FRS) increases and increases in operating costs, specifically for fuel, supplies, and safety gear; the Office of Emergency Medical Service (EMS) requests reflected the reduction of 13 positions from FY 2022 and cost savings from efficiencies; the Office of Public Safety Support requests decreased due to completed grant projects in 2022; Facilities Development and Management requests included the construction manager position that was approved during FY 2022 and anticipated increases in contractual services, utility services, and supply and material costs; Solid Waste requests reflected anticipated increases to disposal contracts, fleet repairs, and fuel costs; and Road Operations experienced a decrease of $2.8 million from the General Fund transfer for resurfacing and the completion of Florida Department of Transportation (FDOT) road projects in FY 2022, and they moved $1.3 million for the CR 466A project to Engineering and Traffic Operations, which showed as an increase on their requests.

Ms. Teslia then presented the constitutional budgets and stated that they included the following requests: the Clerk of the Circuit Court and Comptroller budget request included increases for insurance and FRS rates, noting that the original submitted budget was $6.4 million and did not include wage adjustments which were reflected in this presentation; the Property Appraiser’s request included wage increases and other increases in personal expenses, such as insurance and FRS rates, and anticipated operating increases, such as postage and subscription increases; the Supervisor of Elections’ request included wage increases, additional staffing, and anticipated costs related to compliance measures and security enhancements; the Lake County Sheriff’s Office (LCSO) request included a sworn step plan and cost of living adjustment (COLA) increases, additional costs related to the minimum wage increase requirements, increases for insurance and FRS rates, anticipated increases for the inmate medical contract, and increases for fuel and other operating costs; and a three percent estimate was used based on the FY 2022 Tax Collector’s budget since it was not due until August 1, 2022. She displayed a breakdown of the most recent fire assessment fee study which was presented in May 2022, and said that they were recommending no changes to the fire assessment and fire MSTU rate for 2023. She mentioned that the solid waste assessment proposed rates were increasing by a flat $6 to cover the Consumer Price Index (CPI) increases, which was discussed in the budget strategies workshop in February 2022, and that the rates were based on service area and the service level. She explained that the proposed rates for FY 2023 included the following: Area 1 would be $202 for one day per week service and $248 for two days per week service; Area 2 would be $194 for one day per week service and $233 for two days per week service; and Area 3 would be $215 for one day per week service and $257 for two days per week service. She explained that voters approved an incremental minimum wage increase in November 2020, and that the minimum wage would go from $10 per hour to $11 per hour as of September 30, 2022; additionally, it would increase $1 each year until it reached $15 per hour. She related that the countywide minimum wage was adjusted to $12 per hour in FY 2022, and that it was proposed to adjust the minimum wage to $13 per hour for all BCC employees. She explained that the proposed wage adjustment would affect the budget by $1.7 million, and that it would impact the General Fund by $636,000. She commented that the next steps in the budget process included the following: the Property Appraiser would provide certified taxable values in July 2022; at the July 12, 2022 BCC meeting, staff would submit the recommended budget, the maximum millage rates would be set, and the assessment resolutions would be adopted; on August 1, 2022, the Tax Collector’s budget would be due; throughout August 2022, the Infrastructure Sales Tax budget workshops would be presented; and the budget hearings would be held in September 2022.

Commr. Smith recalled that in the previous year, the County had dedicated $15.8 million to road work and had planned on investing $5 million in the current year, and he inquired with all the supply chain issues and vendor issues, if the County was able to spend all the funds in 2022 that was budgeted.

Ms. Barker replied that the County had not spent the funds, and that she was not anticipating that the funding would be depleted because the vendors have had labor shortage and supply chain issues.

Commr. Smith asked if the excess funds could be transferred to 2023, and Ms. Barker indicated that they could.

Commr. Campione commented that in the prior year, the County had ensured that there was funding coming out of the General Fund for road resurfacing, and she inquired if the work would not be done, even though the County had allocated $2 million towards road resurfacing.

Ms. Barker replied that based on the information received from the vendors, it would not be done, and added that there some projects that had gone out for bids that had received no bids.

Commr. Parks asked what the projections were for the long term.

Mr. Fred Schneider, Assistant County Manager, explained that there were vendors that could not obtain materials, noting that there were road paving contractors who did not own their own plants, and that the plants were not selling to them because they were only serving their own paving companies. He elaborated that there were issues with delays, and that there was a nationwide issue with shipping by railroad, adding that they were not able to ship materials to the plants in a timely manner; furthermore, there were labor shortages. He opined that the situation would eventually get better, commenting that it was similar to what had happened in 2007 and 2008. He commented that the situation changed then, noting that it was unfortunate there were fluctuations in the economy. He mentioned that the funding was currently under contract, and that the funds were encumbered. He said that the County had put out another bid for resurfacing for one of those projects in the City of Clermont area that would be awarded, and that there were some unencumbered funds for the current year, which would be used on that project.

Commr. Shields inquired how much the County had committed that could not be spent.

Mr. Schneider replied that there was between $4 million and $5 million that was currently encumbered, and that staff was urging the contractor to do the work. He commented that he had a meeting in the current week with the resurfacing contractor, and that he would be updated on the status. He mentioned that there were some projects completed in the current year, and that the CDBG funding was used to complete a $600,000 project. He reiterated that there was a long list of resurfacing projects that were currently under contract waiting to be done, adding that phase three, which should have been underway already, had not been awarded yet.

Commr. Campione noted that there were roads with resurfacing needs that were changing, and that there were more roads that would need work, and she asked if it would make sense to allocate a portion of the reserves to fund the work that could be done to keep from falling behind.

Mr. Schneider commented that the County had $1 million in sales tax for resurfacing in the following year plus any other carryover. He relayed that the roads were ranked from one to 10, and that there were over 100 miles of roads rated at four that were not on the funding list. He said that roads needed upkeep over time, and that they would do the best they could.

Commr. Parks asked if labor and supply was different for sidewalks and trails projects, and if those projects were easier or more difficult.

Mr. Schneider replied that concrete was difficult to obtain currently, and that the County had not bid any sidewalk projects recently; however, there was an issue with labor and materials. He explained that the gravel used in asphalt, such as Superpave asphalt, was not locally sourced, and that the County had even inquired at local plants for Marshall Mix, which used crushed lime rock instead of gravel; however, it was too hard to change the processing system from the gravel mix to the Marshall Mix, adding that staff was trying many different ways to try to solve these issues.

presentation of the 2022 hurricane season outlook

Ms. Megan Milanese, Director for the Office of Emergency Management, presented a review of past hurricane seasons, and mentioned that Lake County’s Emergency Operations Center (EOC) responded to Hurricanes Irma in 2017, Dorian in 2019, and Elsa in 2021, noting that Hurricanes Dorian and Elsa had minimal impacts to Lake County, and that the last time there were sustained hurricane force winds within the county was Hurricane Donna in 1960. She explained that the weather terminology was listed as the following: a tropical depression was an organized weather system with winds of 38 miles per hour (MPH) or less; a tropical storm was an organized weather system with winds from 39 to 73 MPH per hour; a hurricane was an intense weather system with winds of 74 MPH per hour and higher; and a major hurricane was a hurricane that was category 3 and stronger, which was 111 MPH per hour or greater. She elaborated that the categories of storms were scaled as follows: category 1 was between 74 and 95 MPH per hour; category 2 was between 96 and 110 MPH per hour; category 3 was between 111 and 129 MPH per hour; category 4 was between 130 and 156 MPH per hour; and category 5 was 157 MPH per hour and higher. She said that while discussing hurricanes, it was important to discuss the actual impacts that could be seen, which was why she was going over the wind speeds. She presented the list of hurricane season names for 2021, noting that it was a very busy season, and that every one of the 21 names had been used. She related that every six years, the list of names rotated, and that if there was a major hurricane that caused much damage, that name would be replaced for the next cycle. She commented that there was a supplemental list of names that would be used if a list was exhausted, such as names from letters of the Greek alphabet; however, the practice of utilizing the Greek alphabet was retired by the National Weather Service, and a supplemental list of names would now be used. She displayed a comparison of the 2021 forecast versus the outcome, and noted that the National Hurricane Center gave a range for the storms, such as the following: for named storms, the forecast was 13 to 20 storms, and there were 21; for hurricanes, the forecast was six to 10, and there were seven; and for major hurricanes, the forecast was between three and five, and there were four. She presented the 2022 list of hurricane season names, pointing out that Alex had already formed as a category 1 and had moved through south Florida causing some flooding, and that Bonnie would be next. She displayed a chart for the 2022 forecast, and said that it would be an above-normal season based on forecasts from the Colorado State University, as well as the National Hurricane Center. She relayed that Colorado State University predicted 19 named storms, nine of which would be hurricanes and four would be major hurricanes. She related that the National Hurricane Center gave a range of 14 to 21 named storms, six to 10 hurricanes, and three to six major hurricanes, which indicated that there was a 65 percent season probability that it would be an above-normal season based on those predictions. She stated that the Office of Emergency Management prepared year round, and that they had conducted a countywide hurricane exercise in May 2022 to practice how they would respond to a hurricane and to allow their partners the opportunity to work with them as if it was an actual EOC activation. She related that it was a good opportunity to practice their plans, ensure everything was in place, and gain an understanding about what resources were available for residents should a storm visit in the current year. She commented that they would have a hurricane expo on the following Saturday at the Lake County Animal Shelter, and that it was a good opportunity for residents to learn about how they could better prepare for storms, opining that they could also find a pet at the shelter to leave with. She said that they prepared throughout the year by consistently coordinating with various partners, agencies, and nonprofit organizations, ensuring that plans and procedures were in place and that everyone knew what those plans and procedures consisted of so that they would be effective and efficient for any kind of an emergency. She remarked that the best things for residents to do included the following: making a plan for what to do if a hurricane or tropical storm came to this area; making a plan for communication with loved ones so that they would know the resident was safe; making plans for evacuation if needed; making a plan for pets, such as supplies; creating a disaster supply kit that could sustain a resident for three to five days which included medicine, toiletries, food, and water, such as one gallon of water per person per day; and ensuring you stay informed with any changes that may be happening in the weather as the storm was moving through the area by having a device, such as a radio. She displayed the list of primary shelters located throughout the county, and stated that there were 15 primary shelters that may or may not be opened depending on what the forecast and the predicted hazards were throughout the county. She mentioned that there were several special needs shelters which had staff and limited equipment available for assisting those who needed assistance with activities of daily living or who may be electricity dependent; additionally, over half of the shelters were pet friendly. She relayed that residents needed to know what to expect during a hurricane, and she suggested the following precautions: knowing where the safest room in their house was, such as an inner area of the home with no windows, a closet, a pantry, or a bathroom, in case there was severe weather that affected the home; staying away from doors, windows, and skylights; opening the refrigerator only when necessary; and staying informed through local news, weather radio, or apps, ensuring that there was an understanding of what was going on with the changing weather situation. She said that a weather radio would be the best option, and that they were sold in many places, such as Amazon. She commented that AlertLake.com, which was the County’s local alerting system to inform residents of emergency situations, was another good option, and that residents could register for that on the website. She stated that the Citizens’ Information Line was 352-253-9999, which would be active anytime there was an emergency response, and that residents could call and speak to a person to receive updates about what was happening in the community during an emergency activation; furthermore, local media outlets were available to keep residents informed. She related that after a hurricane, residents were encouraged in doing the following; being careful, as injuries and unfortunate accidents happened after storms; staying informed about the latest information; staying away from any downed, loose, or dangling power lines; ensuring food safety, and when in doubt, throwing it out; using proper safety equipment and clothing when cleaning up debris, as there were instances where injuries could occur; taking photos of damage to the house, furnishings, and surroundings for insurance purposes; driving only when necessary; treating intersections as four-way stops when traffic lights were out, as vehicular accidents were another major concern because of power outages at traffic stops; and practicing generator safety by using it based on manufacturer recommendations.

Commr. Parks opined that it was a good presentation, and asked if it could be made available on the County website or on social media, adding that it could encourage residents to attend the hurricane expo on the following weekend.

Ms. Barker replied that staff could publish this information on the County’s social media platforms.

Commr. Parks suggested that residents should avoid hoarding gas during hurricane preparation, opining that gas stations would not be without gas for more than 24 hours.

Commr. Campione inquired if the County had ordered moveable display signs.

Ms. Barker indicated that the County had ordered five display signs using American Rescue Plan Act (ARPA) funds, but said that they had not been received because of the supply chain issues.

Mr. Schneider elaborated that the County had ordered four more signs in addition to the two black and white signs that had been received and were currently available, and that there were a couple of older signs that could be repaired and used.

Commr. Campione requested that the Board be notified if the signs came in, and she wondered if generators could be used to power traffic lights.

Mr. Schneider replied that FDOT had purchased a large number of generators to share with Counties and Cities, and that Lake County had about 10 of those generators that staff maintained. He remarked that the County could use them if needed, and that if the hurricane event was isolated, the County could obtain generators from other areas of the state. He related that the County had about six generators of their own, and that the Cities had some. He mentioned that one of the issues with running the generators was that someone had to sit nearby and fill them full of gas every four hours, and that in areas where the Cities supported that process, there were generators.

Commr. Campione mentioned that she had received an email from Mr. Frank Anders, with the Lake Amateur Radio Association, notifying her of the Lake Amateur Radio Association field day on June 25 and 26, 2022 at the Institute of Public Safety, and opined that it was a good event to attend.

Commr. Blake said that one of the issues he had noticed was that many people were not prepared with water, and opined that in the retirement areas, some residents may have been new to the state and may not have encountered a hurricane before; furthermore, he recalled that firefighters had to deliver cases of water, especially in the Astor area where there were road issues and long-term flooding. He opined that the residents should be reminded of that, and that sharing it on social media could help. He also opined that many motorists did not understand the four-way stop rule when the power for the traffic signals was out.

recess and reassembly

The Chairman called a recess at 10:33 a.m. for five minutes.

Rural Conservation Subdivision Ordinance

Mr. Howell recalled that on May 10, 2022, this item was presented in regards to design criteria for development of rural conservation subdivisions within the county, noting that the Board had provided direction, and that letters from the community regarding the proposed ordinance had been received. He mentioned that a revised ordinance had been prepared for consideration and discussion, and he displayed a map which showed the areas of the county where the rural conservation subdivisions would be applicable. He related that revisions were made to specify the definitions of protected space and open space as defined by the Comp Plan; furthermore, because of community recommendations, a note was added about protecting rural residents’ equestrian and agricultural lifestyles and economies. He commented that open space issues were addressed, such as gopher tortoise habitats and the need for native vegetation and rain gardens which prohibited elephant ears, and that a requirement for a 100 foot perimeter buffer was added unless the BCC approved an alternate plan for smaller enhanced buffers. He mentioned that non-common open space would not count towards the minimum open space requirement, and that water and waste water issues were addressed by not permitting septic tanks in the open space areas; additionally, the density bonus increase was reduced from 33 percent to 25 percent, which was a community recommendation. He relayed that the radius for a public information meeting notice was increased to 1,000 feet, and that the ordinance required the applicant to provide a list of public comments or suggestions and then show which ones were incorporated into the plan and why others were not. He said that natural springs and pastures were added to the Land Development Regulations (LDR) amendment updates, and that the submittal of an annual report would be required for the development demonstrating compliance with the approved management plan. He stated that staff had revised the definitions of low impact development and open space to be consistent with the Comp Plan, and that they had amended Section 3.02.06 and Section 6.12.00 of the LDR to be consistent with the Comp Plan. He explained that the revised language in the Comp Plan updates would allow for the following provisions: the development of a Rural Conservation Subdivision or Planned Unit Development (PUD) if utilizing the alternative density allowances within the Rural Transition FLU and Wekiva River Protection Area FLU categories; the requirement of subdivisions containing 10 or more units to be developed as a Rural Conservation Subdivision or a PUD in the FLU areas of the Wekiva Study Area (WSA), the Ferndale Community, the Wekiva-Ocala Rural Protection Area, the Emeralda Marsh Rural Protection Area, and the Yalaha-Lake Apopka Rural Protection Area; the requirement of subdivisions containing six or more units to develop as a Rural Conservation Subdivision or a PUD in the Green Swamp Rural FLU and Green Swamp Core FLU areas; the requirement of all subdivisions to develop as a Rural Conservation Subdivision or PUD within the Green Swamp Ridge FLU category; the removal and replacement of language to require open space to be shown as a common area owned by a homeowners association (HOA) and the clustering of open space within Rural Conservation Subdivisions; the removal and replacement of language to require an open space minimum consistent with the FLU within the WSA; the requirement of wetlands to be owned by an HOA or placed in a conservation easement; the inclusion of plat restrictions, covenants, and open space easements to protect open space; the removal of a framework of review which specified a minimum of seven days for delivery of a staff report; the revision of the PUD FLU series to remove a broad mixture of uses from the description, enabling the Rural Conservation Subdivision could be implemented under the PUD land use, if necessary, and to amend the reference to the Green Swamp Area to reflect the correct rule, Rule 28-26.0002, in lieu of Chapter 28-28; the removal of the policy in the WSA; the creation of a new policy in the Green Swamp Area; and the renumbering of Bella Collina, which was in an area that it did not belong. He commented that some considerations for the Board included a unit threshold for a conceptual plan to be presented to the BCC and a unit threshold in the Comp Plan for a PUD FLU designation for a conservation subdivision, adding that based on the BCC discussion, staff would either make additional changes to the LDR ordinance of the Comp Plan amendment and bring the revisions back at a future BCC meeting for further consideration, or the Comp Plan and LDR ordinances could be moved forward to the regular public hearing process.

The Chairman opened the floor for public comment.

Ms. Deborah Shelley, with Citizens for the Preservation of Rural, commented that there were good criteria in the ordinance, and she expressed appreciation for the inclusion of community recommendations. She mentioned that annexations were an area of uncertainty, opining that the success of this ordinance was dependent on partnerships with the Cities. She recalled that the joint meeting with the Cities on February 7, 2022 was successful, and opined that a similar meeting to discuss coordination would be beneficial. She relayed that the map showing where the County ordinance would apply did not include the Interlocal Service Boundary Agreements (ISBAs), and that if a developer wanted higher density, the land could easily be annexed into any one of the 10 cities that had ISBAs or into any one of the four cities through regular annexation. She opined that a policy on annexation would be important for the success of the ordinance because annexation laws that had been active for years were antiquated, and that they were counterproductive to Comp Plan goals and policies, which could be easily negated with an annexation. She asked the Board to consider a policy to have Chapter 171, Florida Statutes, amended, and opined that annexations proposed for the Cities of Eustis and Mount Dora were eventually going to affect the Wekiva-Ocala Rural Protection Area and the Wekiva River Protection Area. She proposed that changes to annexation rules that would require Cities to honor and incorporate County Comp Plan policies and zonings in designated protection areas would be one solution to the problem, and she asked that the Board review and amend the ISBA boundaries so that rural protection area boundaries were not included.

Ms. Nancy Prine, a member of Friends of the Wekiva River, related that Lake County was important in protecting the Wekiva area, and she expressed appreciation to the County for responding to their letter of concern and comments. She expressed concern about the growth in Lake County, and stated that she approved the parameters for the proposed ordinance. She commented that the Wekiva Parkway and Protection Act would protect this area, and that many of the recommendations were important to Lake, Orange, and Seminole Counties. She expressed concern that many of those important actions that took place would be void with annexation, and she commended Lake County for recommending this ordinance. She mentioned that she had been a landscape architect for over 50 years, and she emphasized the protection of karsts. She noted that wells were being drilled over 1,000 feet deep to provide water for citizens, and that the water had to be treated extensively because of the depth and the minerals that were found in it. She asked that the Board would move forward with the ordinance and keep Lake County natural.

Ms. Cindy Newton, a resident of Lake County, thanked the Board and Ms. Marsh for the work on the ordinance and the responses to input, and she expressed appreciation to the County for being open to implementing some of the ideas into the ordinance. She hoped that the County could work with the State to acquire more protections on the rural protection areas (RPAs) so that this ordinance would be effective, and that the County could do some media coverage so that the land owners would know that this was an available option for developing without having to be annexed into a city, opining that there would be more value developing under this plan.

Mr. Egor Emery, a concerned citizen, stated that the Lake County Conservation Council had submitted comments, and that they had been working on the ordinance and would continue to participate in that process, opining that it was a good move forward. He commented that as a rural land owner, he wanted to find a way to make his investments have more value as decisions about development were made in the area. He expressed concern about some of the local cities moving into the area, and mentioned that there did not seem to be enough valuation for the rural lifestyle, adding that he wanted to see that incorporated into the ordinance.

Mr. Bill Ray, a resident of Marion County, mentioned that gopher tortoises were already protected throughout Lake County, and that their habitat included wherever they were found. He opined that there was an issue with identifying pasture in the ordinance, and that much of the land on the Property Appraiser’s website was identified as pasture, noting that it could add additional burdens and liability on the individual land owner, which would not enable a minimal plan. He opined that there was some conflicting verbiage in the ordinance referring back to environmental impact statements, and that an environmental impact statement was already a defined, documented process through the National Environmental Policy Act (NEPA), adding that it greatly exceeded the environmental reporting analysis needed through this process. He remarked that density was established in the Comp Plan policy, and opined that density bonuses to encourage a better development or a better design should be reflected in the Comp Plan density. He opined that zoning above a one unit per acre density could create an internal inconsistency in the Comp Plan policies because it looked like the County was providing density in one place and taking it away in another. He stated that he looked forward to the opportunity to continue to work with this, and that he thought there was much common ground that could be found while eliminating some misconceptions of the current development process.

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

Commr. Parks commented that the County would have an opportunity to revisit the countywide annexation issue with the municipalities, noting that there would be a presentation on Strong Towns.

Ms. Barker relayed that there would be a meeting with the municipalities on the following week, and that the results would be presented at a future BCC meeting.

Commr. Parks opined that it would be good to have the new ordinance for the County; however, if the Cities did not agree with it, there could be more issues. He mentioned that the Board needed to address the requests from staff about the unit threshold, and he suggested that any plants included on the Florida Pest Plant Council list be substituted for the reference to elephant ears as being prohibited in rain gardens. He inquired if the Board would be setting architectural standards, such as the minimum number of models.

Ms. Marsh replied that this had not been mentioned in previous discussions, and that it could be added before moving forward with a public hearing. She said that different standards had been brought forward for different PUDs, and that it could be added in.

Commr. Campione recalled that on the White Rose subdivision case, there was an issue about delineating open space areas along a perimeter where a lot backed up to a common open space, and that there could be an issue with the lot boundary dwindling into the common open space. She opined that even if there was a buffer, there should be some way to fence or delineate the boundary between the lot and the common open space, so that it could not be altered. She opined that if the ordinance was going to be true to its purpose, then it should include a mechanism that accomplished that, such as a permanent survey marker or a post with a cable running through it, adding that a developer could use something nicer, such as three-board fencing.

Ms. Marsh said that staff could use the language from the White Rose ordinance that addressed fencing on the perimeter and use that as a standard with additional language suggesting other alternative methods of separation.

Commr. Campione opined that this was an issue with the Parks at Wolf Branch project, and that it was difficult to keep residents from going beyond their boundaries into the open space. She pointed out that the Board could not make any unilateral decisions about annexations because it was controlled by the State, and that the County could not adopt a policy that was not allowed. She opined that the County could consider it as part of the legislative priorities going into the next session, and she asked if amendments could be considered legislatively to Chapter 171, Florida Statutes, to help create more of a criteria, opining that it currently did not work.

Commr. Shields commented that if annexation did not gain much for a developer economically, then it would not be an issue, opining that it would be good if the County could prove that case and educate them to that fact.

Commr. Campione remarked that through annexation, a developer could benefit from having water and sewer services and increased density.

Commr. Shields agreed that increased density could lead to more property value.

Commr. Campione opined that Chapter 171, Florida Statutes, was challenging to interpret, and that the Board could consider the possibility that there could be some improvement there. She mentioned that she did not expect a large change, but opined that there could be some small changes that would help. She commented that it had been left alone for many years, and that there was no case law that could help interpret it, opining that there were annexations happening that should not be.

Commr. Smith wondered if the Board could address this issue at the collaborative meeting with the Cities, opining that the municipalities could adopt similar ordinances. He opined that the County should not have to regulate everything, such as requiring a fence around the public areas, and that it should be enough to have designated buffers and easements. He said that he liked the ordinance the way it was, and that he wanted to discuss the threshold issue. He commented that once it was adopted, the County could present it to the municipalities, and that the County could then receive feedback. He opined that the Cities were starting to feel the pressure of growth, and that they might want to start something similar to this.

Commr. Campione wondered if the County could finalize this draft, and then reach out to the Cities with ISBAs, such as the Wekiva-Ocala Rural Protection Area, the Emeralda Marsh Rural Protection Area, and the Yalaha-Lake Apopka Rural Protection Area. She suggested that the County could offer to review the ISBA, and then ask them to consider amending the ISBA to implement this ordinance, opining that this would be a way to make progress with the municipalities.

Commr. Parks mentioned that the ISBAs were more for the provision of services.

Commr. Campione pointed out that they had noncontiguous annexation provisions, and opined that if the County could convince those Cities to amend their ISBAs to incorporate this concept, it would be a good accomplishment. She mentioned that when this was discussed with the City of Leesburg, they were hesitant to do it if the City of Groveland did not do it, and opined that incorporating it into the ISBAs could be the first step.

Commr. Parks commented that it could apply to some of the noncontiguous parcels, but then there were properties that were adjacent to the Cities that would still be in question, opining that both should be included.

Commr. Campione suggested doing the same thing for the RPAs, and said that the County could ask municipalities to consider using the rural conservation subdivision ordinance in those RPAs, noting that it would be a good accomplishment. She opined that they might not want to do this in those areas that were not in the RPAs and that were contiguous, but that they might want to do something similar.

Commr. Shields asked if there was a way to make it more financially worthwhile to redevelop within the cities and build taller buildings instead of creating sprawl.

Commr. Parks replied that there could be a transfer of development right (TDR) incentive.

Commr. Campione commented that there could be a transportation impact fee incentive.

Commr. Shields opined that the cities should be able to grow, but that they should redevelop the interior; however, he opined that it was financially more expedient for them to sprawl.

Commr. Parks mentioned that currently, it was easy to do two units per acre across the entire county.

Commr. Shields inquired if there was any way to come to some common ground with the municipalities in order to contain the cities and still let them grow and be prosperous, and if the County could create a financial incentive to help them decide.

Commr. Parks commented that using transportation impact fee incentives would result in residents in rural areas paying significantly higher transportation impact fees, while a project in the city limits would have no transportation impact fees.

Commr. Campione opined that it was a flaw with the mobility fess, and that the County did not want to dissuade families from living in the country. She opined that there should be a different way and suggested a transportation waiver instead of a mobility fee, and said that the fund could be supplemented as a way to incentivize more focused urbanized development.

Commr. Parks agreed, and added that predictability, timeliness, and a density bonus were incentives that could encourage a developer and make it economically feasible, opining that higher density should occur in the cities instead of in the rural areas.

Commr. Campione commented that an apartment complex was appropriate in an urbanized area, and opined that a discussion of Strong Towns could help others to become engaged.

Commr. Shields added that in the city center, residents could walk to work.

Commr. Campione noted that this was the concept in Strong Towns, and opined that it needed to be discussed and analyzed as opposed to just continuing in the same way. She remarked that thresholds should be addressed, opining that the conceptual plan would go to the County Manager. She mentioned that according to the ordinance, there would be a list of requests by the community from the community meetings, and wondered if the developer would need to identify which items were not included and if the County Manager would be making the decision on the concept plan unless it hit a certain threshold that would require it to come before the BCC.

Ms. Marsh clarified that if the Board added a threshold, anything under the threshold would receive staff administrative approval but not necessarily by the County Manager, adding that it could be written that way if the Board wanted her to review all of those types of development plans; however, she recommended leaving it with the planning director. She reiterated that anything that exceeded the threshold would go to the Board for a public hearing.

Commr. Campione inquired if there was a recommendation from staff on what the threshold should be.

Mr. Howell replied that according his experience, 25 units or more required a public hearing, and that 25 units or less indicated a staff level approval.

Commr. Parks asked if the County was capable of offering incentives, such as a fee difference or a shorter timeframe, for choosing the Rural Conservation Subdivision rather than a PUD, clarifying that there was still a choice.

Ms. Marsh replied that there was language added to the ordinance that would allow the County Manager designee to establish an expedited permitting process, and that as part of the annual fee resolution, there could be a separate line item for the fee for a Rural Conservation Subdivision. She elaborated that staff could make a recommendation, and then it could be adjusted. She mentioned that another incentive would be not requiring a public hearing, and that the threshold could encourage developers to do these types of subdivisions because they would not have go to a public hearing.

Commr. Smith said that if the threshold was 200 homes before it came before the Board and a developer planned 199 homes, it would still have to meet the Comp Plan, the LDR, the setbacks, and the water and waste water requirements, and he asked if the threshold could be set for 200 to 300 homes.

Commr. Campione agreed that this could provide an incentive to meet the Rural Conservation Subdivision standards instead of applying for a PUD.

Commr. Parks stated that he liked the idea of a 200 to 300 range for the threshold, and he asked if there was a common number from applications that had been submitted.

Mr. Howell mentioned that since he was new to this position, he would have to research that data, but according to his previous experience, a typical unit threshold would be about 150 units, adding that 200 to 300 unit subdivisions were not typical.

Ms. Marsh commented that the recently approved White Rose PUD was 198 homes, and that it was a friendly rezoning, noting that the applicants had held community meetings and had made adjustments that were consistent to what would be included in the new ordinance. She mentioned that it was a threshold that could be considered, adding that the threshold could always be changed if it appeared that the subdivisions were not coming through or if there were public complaints. She relayed her understanding that Sorrento Pines was about 250 units, which was approved in 2019, and said that they had recently applied to add additional acreage for another 300 units. She opined these were larger subdivisions than what Mr. Howell may have seen, and that 200 units could be used as the threshold and adjusted as plans came through.

Commr. Campione questioned if the request for the unit threshold in the Comp Plan for a PUD FLU designation for a Conservation Subdivision was different than a PUD FLU designation, and if it was specifically for a PUD FLU with a Conservation Subdivision.

Mr. Howell relayed his understanding that it was.

Commr. Campione clarified that it would not take away the right to apply for a PUD FLU.

Commr. Shields asked if this request was related to the controversial issue of being able to split the property for a development in half in order to avoid the process, and if this would help fix that.

Commr. Smith opined that having a 200 home threshold would help with that issue.

Commr. Parks commented that direction had been given, but that the Board would not pass anything on the current day. He invited public comments and participation, noting that the Commissioners would see them.

Ms. Marsh remarked that the LDR amendment had been discussed, and she inquired if there were any changes that the Board would like to make to the Comp Plan amendment that was presented for the first time on the current day.

Commr. Campione said that she was confused about the unit threshold on the Comp Plan.

Ms. Marsh explained that a unit threshold would be going in the LDR ordinance for the Rural Conservation concept plan, and that the second request with the PUD FLU designation was a conditional zoning, adding that she would look at that before it came before the Board again and see if it could be adjusted.

Commr. Campione mentioned that in the Rural Transition land use, if a developer wanted to do a conservation subdivision, if there were under 200 units, then the application would just go through staff, and if it was over 200 units, then it would be a PUD or a Conservation Subdivision with a public hearing. She said that in a Rural land use, if a developer wanted to change it to a PUD FLU to allow a Conservation Subdivision, a Comp Plan change would be required, and she asked why there would be a unit threshold.

Ms. Marsh replied that staff would have to go back and look at how the Comp Plan was structured, but if property was changed to the PUD FLU, a Rural Conservation Subdivision design could be an option without having to go back through the process, noting that this was on the zoning part of the process and the development approval side.

Commr. Parks inquired if there was a way to make it so that there was no land use change.

Commr. Campione replied that there was a way, and that it was to work within the land use that was already there.

Ms. Marsh commented that currently, in Rural Transition, if a developer stayed with one unit per acre and 50 percent open space, there would be no need for a Comp Plan amendment, and that under a Rural Conservation Subdivision, anything under 200 units would not require a public hearing.

Commr. Campione asked if the Board would agree to reach out to the Cities to consider incorporating this policy into the ISBAs or their RPAs.

Commr. Smith said that he would reach out to the Cities in his district once it was completed, and that he would ask to meet with the City Managers and the Mayors.

Commr. Parks added that there were some other items coming up in the following months, such as Strong Towns and discussions with the Cities.

Commr. Campione commented that this could be one item that could be completed as these other items were moving forward.

Ms. Marsh inquired if the Board was ready for staff to bring the Comp Plan amendment through the public hearing process, or if it should come back for further discussion. She said that it still had to go through the transmittal process, which could take a couple of months, adding that the County could not adopt the LDR ordinance until the Comp Plan was fixed.

Commr. Parks said that staff could do a notice to advertise.

Commr. Campione agreed that the County should move forward and advertise.

Ms. Marsh stated that staff could start the Comp Plan through the transmittal process while the ordinance was being refined, adding that the public could continue to send comments in to her office.

Commr. Campione emphasized that those comments were needed soon, and that when the County did the advertising hearing, all comments should have been considered.

Ms. Marsh elaborated that once the County transmitted, the only changes made after that would be comments from the Florida Department of Economic Opportunity (FDEO).

appointment to the Parks, Recreation and Trails Advisory Board

On a motion by Commr. Campione, seconded by Commr. Smith, and carried unanimously by a vote of 5-0, the Board approved to appoint Ms. Tracy Hauserman to the Parks, Recreation, and Trails Advisory Board as a member representing the Lake County Water Authority.

Appointment to the Children’s Services Council

On a motion by Commr. Smith, seconded by Commr. Blake, and carried unanimously by a vote of 5-0, the Board approved to reappoint Ms. Diana G. Violette, Mr. Byron E. Thompson, and Dr. Melody Duckins to the Children’s Services Council and applicable waivers.

commissioners reports

commissioner shields – district 1

Wellness Way

Commr. Shields commented that he had a meeting with Orange County Commissioner Nicole Wilson and some constituents who were interested in the Wellness Way area, adding that they would meet with Dr. Richard Levey.

memorial Day

Commr. Shields mentioned that he had attended the Memorial Day service in the City of Groveland, opining that it was a nice event.

commissioner smith – vice chairman and district 3

Liberty Tree Dedication

Commr. Smith remarked that he had attended the Liberty Tree dedication in the previous week.

Girls State

Commr. Smith commented that he was interviewed by a Leesburg High School student who was selected to go to Girls State.

Lona Street

Commr. Smith mentioned that he and staff had met with the Lane Park community about a road issue on Lona Street, and that they were working on ways to slow the traffic.

tortoise refuge

Commr. Smith relayed that the County could possibly make a tortoise refuge on the newly acquired property on Lake Norris, noting that it could generate funds to help pay off the debt for that land. He commented that the County could receive $8,000 to $12,000 per tortoise with two to four tortoises per acre while helping the community to grow, and that he needed the Board’s approval so that staff could explore this option.

Commr. Campione inquired if the process had been finalized with the district.

Ms. Marsh replied that the County was still working through that process, and that the applications had been submitted to transfer the St. Johns River Water Management District (SJRWMD) permit and the Army Corps of Engineers permit to the County. She commented that there were various agreements that could be assumed or terminated, and hoped that it could be finalized in the fall.

Commr. Campione opined that creating a tortoise refuge was a good idea, and recalled that there had been discussions about how to offset the cost, adding that this would be a good idea if it was viable.

Commr. Parks said that he was in favor of going forward and exploring it, and he suggested looking at conservation banking and covering sand skinks and some other species. He mentioned that it could help cover long term management costs of the property, opining that it was a good idea and should be explored.

Commr. Blake opined that it was a good idea, and asked if there was a cap on the number of refuges in the state, adding that it could be difficult to procure that type of business.

Commr. Parks remarked that it was difficult, and that about six months ago, there was only one tortoise mitigation bank in the state that was open, adding that it was the reason why they were charging $8,000 to $12,000 per tortoise. He opined that there may have been one or two that had opened since then, and that it might work.

commissioner campione –district 4

Memorial Day

Commr. Campione commented that she spoke at a Memorial Day event in the City of Mount Dora.

pedestrian safety

Commr. Campione expressed concern about traffic at the intersection of South Fish Camp Road and CR 44, noting that many people used it coming from CR 452 to CR 44. She commented that there were several subdivisions on that road, and that they were asking for sidewalks in that area out of concern for pedestrian safety.

Girls State

Commr. Campione mentioned that she had done at least seven email interviews for Girls State, noting that they had to interview a female elected official in addition to other interviews. She mentioned that she had attended Girls State in 1981, opining that the way the program was managed was very similar to the way it was in the past. She opined that it was a good opportunity for young people, and said that she was impressed with the quality of the students that were participating. She opined that it was easy to become disheartened by what was going on in the current culture, and that interaction with youth who were working hard and focused on their futures and their service to the community and to their country was heartwarming, adding that it gave hope and restored faith in the young people of this community. She then congratulated all of the Girls State and Boys State candidates and attendees.

COMMISSIONER BLAKE – DISTRICT 5

Girls State

Commr. Blake commented that he had also done a Girls State interview, and that he had also contributed to Representative Marlene O’Toole being interviewed as well.

commissioner parks – Chairman and district 2

Girls State

Commr. Parks remarked that he had done one Girls State interview with Ms. Mariah Langford in the City of Clermont.

Commr. Campione thought that it would be good to invite them to a BCC meeting and talk about their experiences, noting that the County had invited sports teams to come to prior BCC meetings.

Commr. Parks opined that it was a good idea, and that he was in favor of it.

Memorial Day

Commr. Parks mentioned that he had participated in a Memorial Day event at Pennbrooke Fairways.

Lake Idamere Park

Commr. Parks commented that there were new trail signs from United Way of Lake and Sumter Counties at Lake Idamere Park, and that there was a ceremony for that. He inquired if the trail signs were at all the County parks.

Commr. Smith said that the Office of Parks and Trails should be credited for Lake Idamere Park, opining that they had done a good job.

Commr. Parks agreed, and mentioned that the park had bookings and reservations for the new pavilions that had been built there. He mentioned that they were always filled, and that it was indicative of the service that staff provided.

Howey Friends of the Library Masquerade Ball

Commr. Parks said that he attended the Howey Friends of the Library Masquerade Ball the previous Saturday evening, noting that they were successful in raising money for their library.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:50 a.m.

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SEAN PARKS, chairman

ATTEST:

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GARY J COONEY, CLERK