A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

January 10, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, January 10, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.

INVOCATION and pledge

Commr. Smith welcomed everyone to the Board of County Commissioners (BCC) meeting, and said that they were meeting in person and streaming live video.  He relayed that Pastor James Gardiner, from First Baptist Church of Umatilla, would give the Invocation, and that Mr. Martin Childs would lead the Pledge of Allegiance.  He explained that Mr. Childs recently joined the Office of Veterans Services as a Veteran Services Officer in December 2022, and that he had served in the United States (U.S.) Air Force from 1994 to 2012 as an Air Transportation Craftsman.  He elaborated that Mr. Childs’ deployments included two tours in Iraq, Qatar, Kuwait, United Arab Emirates, Bahrain, and two tours in Saudi Arabia.  He related that for his service, Mr. Childs was awarded the Air Force Commendation Medal, the Air Force Achievement Medal, the Navy Achievement Medal, the Air Force Outstanding Unit Award, the Combat Readiness Medal, the Air Force Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Armed Forces Service Medal, the Humanitarian Service Medal, the Air Force Overseas Ribbon, the Air Force Expeditionary Service Ribbon, the Air Force Longevity Service Ribbon, the USAF NCO PME Graduate Ribbon, the Small Arms Expert Marksmanship Ribbon, and the Air Force Training Ribbon.  He then thanked Mr. Childs for his service.

Pastor Gardiner gave the Invocation and Mr. Childs led the Pledge of Allegiance.

virtual meeting instructions

Mr. Levar Cooper, Director for the Office of Communications, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda.  He elaborated that anyone watching 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, the meeting facilitator 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.

interest in local government

Commr. Parks commented that Mr. Fernando Perez, a graduate of East Ridge High School, was attending the BCC meeting, and that he was interested in local government and the happenings of Lake County.  He thought that it was great when a young person was interested in the County, and he welcomed him.

Agenda update

Ms. Jennifer Barker, County Manager, related that the Employee Service Awards, the Quarterly Awards, and the Special Recognition Presentation would be moved to the February 14, 2023 BCC meeting, and that the background summary for Tab 6 was updated to include the Planning and Zoning Board’s unanimous approval of this item at their previous meeting.  She requested to pull Tab 7 as the item was tabled at the Planning and Zoning Board meeting on January 4, 2023, and noted that the fiscal impact on Tab 10 was updated from $500,000 to $400,000.  She relayed that the area discussed in Tab 14 was updated to reflect the Northeast Community Redevelopment Agency of the City of Mount Dora, and noted that a supporting document was added to Tab 17.

Minutes approval

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meetings of October 25, 2022 (Regular Meeting) and November 1, 2022 (Regular Meeting) as presented.

citizen question and comment period

Ms. Cindy Newton, a resident of Lake County, expressed appreciation for the rural protection area (RPA) bill that was presented at the Legislative Delegation meeting on the prior day, and opined that it was a good meeting with much information and good comments; additionally, she thanked the Board for all the work they had done.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Parks 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 4, 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 and filed in the Board Support Division of the Clerk's Office.

Avalon Groves Community Development District Resolution 2023-01

Notice is hereby provided of having received the amended Fiscal Year 2022 budget Resolution 2023-01 adopted by the Avalon Groves Community Development District.

City of Minneola Annexation and Rezoning Ordinance 2022-24

Notice is hereby provided of having received Annexation and Rezoning Ordinance 2022-24 from the City of Minneola.

City of Minneola Annexation and Rezoning Ordinances 2022-22 and 2022-23

Notice is hereby provided of having received Annexation and Rezoning Ordinance 2022-22 and Comprehensive Plan Amendment Ordinance 2022-23 from the City of Minneola.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Blake requested to pull Tab 3.

Commr. Shields requested to pull Tab 6.

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 13, pulling Tabs 3 and 6 to the regular agenda, and pulling Tab 7, as follows:

ADMINISTRATIVE SERVICES

Management and Budget

Recommend approval for a distribution of $220,727.07 from funds designated as Crime Prevention Funds for use in the Sheriff's crime prevention activities.

Procurement Services

Recommend approval to declare items as surplus and authorization for removal from the County's fixed asset inventory record. The fiscal impact (revenue) cannot be determined at this time.

PUBLIC SERVICES AND INFRASTRUCTURE

Housing and Community Services

Recommend approval of a Sub-Recipient Agreement with YMCA of Central Florida for Community Development Block Grant Fiscal Year 2022-2023 to operate a middle school afterschool program.

The fiscal impact shall not exceed $95,481 (expenditure - 100 percent CDBG funded) and is within, and will not exceed, the Fiscal Year 2023 Budget.

Public Works

Recommend approval:

1. Of Contract 22-474 for closure of Lake County Landfill cell phase III to Comanco Environmental Corp. (Plant City, FL); and

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

The estimated fiscal impact is $1,998,500 (expenditure) and is within, and will not exceed, the 2023 Fiscal Year Budget. Commission District 3.

Recommend approval:

1. To utilize various Florida Department of Transportation (FDOT) Traffic Equipment contracts for the purchase of FDOT - approved equipment on an as-needed basis; and

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

The estimated annual fiscal year impact is $400,000 (expenditure) and is within, and will not exceed, the Fiscal Year Budget.

Recommend approval to purchase the Hancock Road corridor right of way from CONSERV II for $332,721.50.

The estimated fiscal impact is $332,721.50 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 1.

Recommend approval to accept the final plat for Peterson Acres and all areas dedicated to the public as shown on the Peterson Acres final plat. The fiscal impact is $1,551 (revenue – final plat application fee). Commission District 5.

Recommend adoption and execution of Resolution 2023-4 and non-exclusive drainage easement to the Florida Department of Transportation (FDOT) for the installation of drainage facilities in the Clermont area. There is no fiscal impact. Commission District 2.

tab 3: Golden Triangle Regional Park East Campus purchase

Commr. Blake expressed concern about the amount of the expenditure coming out of reserves, and asked for a separate vote.

Commr. Smith commented that this was for the purchase of the YMCA.

Mr. Bobby Bonilla, Director for the Office of Parks and Trails, recalled that in 2003, the BCC began the process of establishing a Parks and Recreation Master Plan, and that it identified locations throughout the county that would be beneficial for recreational planning areas.  He elaborated that in 2018, the BCC directed staff to update the master plan, and they established that the recommendation made in the first master plan for the location of the Golden Triangle area would serve the Town of Astatula, the Cities of Eustis, Mount Dora, Tavares, and Leesburg, and the Town of Howey-in-the-Hills.  He related that this purchase signified the last piece of the plan, which started with the North Lake Regional Park in 2005.  He commented that the YMCA site, which was chosen as the east campus, provided recreational amenities and conductivity to the Wekiva Trail and the North Lake Trail system, and noted that it had infrastructure and utilities in place with a location that could serve many areas of the county; additionally, it provided major transportation corridors nearby.  He relayed his understanding that an assessment and appraisal were done on the property, and that it would cost about $5.1 million for the property to be purchased.  He pointed out that in the past, the County had purchased property for the North Lake Regional Park, the East Lake Sports and Community Complex, and he mentioned that the South Lake Regional Park was purchased by the County and transferred to the City of Groveland.  He opined that the cost to the County would be comparable to the North Lake Regional Park at the time it was purchased, and that this facility would serve the county well and provide quality of life to the residents of Lake County.

Commr. Blake remarked that he had voted against all new park acquisitions since he had been in office.

Commr. Campione questioned if there was another campus which would be combined with this property to make the Golden Triangle Regional Park.

Commr. Smith indicated that this was correct, and that there was an east campus and a west campus. He explained that the east campus was where the current YMCA was located, and that the west campus was the Woodlea Sports Complex, which contained ball fields.

Commr. Campione inquired if the City of Tavares going to provide the ongoing maintenance.

Commr. Smith relayed his understanding that this would be a public/private partnership between the City of Tavares, the YMCA, and the County, and that the City would assume all of the operation and maintenance on the east campus and lease it back to the YMCA.

Commr. Shields said that he was in favor of the park; however, he expressed concern about bringing reserves down to 17 percent of the operating budget early in the budget cycle.

Commr. Campione inquired if this would affect the County’s funding of transportation out of the General Fund.

Ms. Barker replied that the transportation reserve of about $3.8 million had been set aside in a separate fund balance account, and that it was separate from the General Fund.

Commr. Campione thought that it would be a longer process to arrive at this point, and she opined that this would serve the entire Golden Triangle area.  She wondered if the YMCA would continue to run its regular programs, including scholarships for membership fees for the disadvantaged, noting that she wanted to ensure that this facility was readily accessible to all members of the community.

Commr. Parks opined that this was a good partnership and was well planned; however, he also opined that the Board should be careful as the County would begin its budgeting process in about three months, and noted that the County had committed to fund the resurfacing of roads out of the General Fund.

Commr. Campione agreed that the concerns were valid; however, there were also valid reasons to move forward with this one transaction.  She asked if the County was having difficulty finding contractors to resurface the roads, or if the work was not being done quickly enough to draw down those funds, opining that it could be a factor in this decision.

Ms. Barker relayed her understanding that the pace of resurfacing was increasing.

Commr. Parks opined that it was important to keep building up the funds, and that it could be used as contractors became available.

Mr. Fred Schneider, Assistant County Manager, stated that their contractors were completing work in a timely manner, noting that the resurfacing contract for $3 million with Ranger Construction had been completed within six to eight weeks.  He mentioned that the County was having difficulty with a previous contractor, C. W. Roberts Contracting; however, staff had learned that resurfacing in smaller increments with different contractors was a more effective way to ensure that work would be completed in a timely manner.  He pointed out that resurfacing costs had significantly increased in the current year compared to previous years.

On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved an Interlocal Funding Agreement with the City of Tavares for the purchase of the Golden Triangle Regional Park East Campus, and a Budget Transfer in the amount of $4,800,000 from General Fund Reserves to General Fund Aids to Government Agencies. 

Commr. Blake voted no.

tab 6: Ordinance dissolving the Board of Adjustment

Commr. Shields commented that the people he knew on the Board of Adjustment (BOA) had thought the process was fine the way it was.  He wondered what the reasoning for this ordinance was.

Ms. Melanie Marsh, County Attorney, explained that part of the reason for the request was for efficiencies on the part of the staff and efficiencies for the public.  She elaborated that currently, the Planning and Zoning Board met on the first Wednesday of each month, and the BOA met on the second Thursday of each month, necessitating different advertising deadlines, different submittal deadlines, and having to staff two different public hearings a week apart, which impaired the staff’s ability to finalize items and prepare them for the BCC meeting.  She also commented that there had been a reduction in the number of cases for the BOA, and that in the previous year, three meetings had been cancelled for a lack of cases.  She pointed out that the Planning and Zoning Board reviewed cases that sometimes had variance requests with the zoning, and that there would be efficiency in one Board seeing all the issues from a zoning perspective.  She stated that if the BOA responsibilities were combined with the Planning and Zoning Board’s, there would still be two separate agendas because the Planning and Zoning Board would be the final decision maker on the variances which would still be appealable to the court as they were currently, and the zoning items would still come to the BCC with a recommendation from the Planning and Zoning Board; furthermore, this could also potentially help residents because they would not have to attend two different public hearings if they had to get a variance and a zoning change.

Commr. Shields expressed concern about the differences in the Boards’ responsibilities, and opined that it could become confusing.  He mentioned that it would place more responsibility on the Planning and Zoning Board, opining that issues could possibly be passed over quickly.

Commr. Parks inquired how often meetings were canceled because of issues, such as not having a quorum.

Mr. Bobby Howell, Director for the Office of Planning and Zoning, stated that a couple of meetings had been canceled in the previous year because there were no items to present on the agenda and not for the lack of a quorum.  He relayed that he had worked in other local governments that did not have two separate Boards, and that most variances and appeals were heard through a Planning and Zoning Board, noting that if a variance was turned down, it could be appealed to the court system.

Commr. Parks asked if the items would be heard in two separate meetings on the same day.

Mr. Howell replied that in his experience, it had been done on the same agenda.

Ms. Marsh remarked that for the BOA meetings in 2021, there were 93 cases for variances, and that in 2022, there were 53 cases.  She related that the February, May, and October 2022 meetings were canceled for no cases; additionally, the August 2022 meeting was canceled for not having a quorum, and the November 2022 meeting was canceled because of the storms.

Mr. Howell mentioned that there was a BOA meeting scheduled for the following Thursday with only two minor cases on the agenda, and noted that this ordinance had been unanimously approved by the Planning and Zoning Board on their consent agenda.

Ms. Marsh relayed her understanding that the BOA meetings were very short, and that the Board members were volunteers who were coming in the middle of the day to a meeting that may only be 10 to 15 minutes long with very few controversial cases.

Commr. Campione opined that the expertise of a Planning and Zoning Board member was very transferrable to questions of variances, and that their practical experience of being on the Planning and Zoning Board gave them the ability to make good decisions on variances.  She recalled that the BCC had modified an ordinance in a previous BCC meeting which allowed for variances to be part of a planned unit development (PUD), negating the need for a separate variance process.

Ms. Marsh elaborated that if a developer was asking for a conditional zoning, they could ask for a waiver, and there would be a Planning and Zoning Board that was familiar with the process of granting waivers and variances as part of the new conditional zonings.  She mentioned that currently, if a developer had a straight zoning, it would not have to come to the Planning and Zoning Board, but it could have to go before the BOA for a variance, necessitating two different bodies doing waivers and variances.

Commr. Blake commented that other local governments did not have two separate Boards for this process, and that he wanted the process to be more efficient and not cost any more time or money than was necessary. 

Commr. Campione opined that it was efficient for the local government and the citizens, and she expressed appreciation for the BOA members for the work they had done.

Commr. Smith reiterated that this was a matter of efficiency.

Commr. Parks questioned if there had been attendance issues with the Planning and Zoning Board.

Ms. Marsh replied that this had not been an issue in prior meetings.

Mr. Howell remarked that the Planning and Zoning Board had quorums at the meetings but not with all seven members.

Commr. Parks suggested that the Board could discuss that issue.

Ms. Marsh stated that the Planning and Zoning Board terms would expire in January 2023, and that three positions would become available at the end of the month.  She commented that the Board could temporarily extend those expiring terms for a couple of months to give BOA members an opportunity to apply for those positions if they qualified.

Commr. Parks opined that the BOA had been important to Lake County historically; however, he was in favor of the ordinance.

Ms. Marsh commented that the ordinance would come back for a public hearing at the January 24, 2023 BCC meeting.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to advertise an Ordinance dissolving the Board of Adjustment and transferring its functions to the Lake County Planning and Zoning Board.

regular agenda

expansion of the Northeast CRA of Mount Dora

Ms. Mary Ellen Stern, Executive Director for the Office of Economic Growth, commented that the purpose of the presentation was for Board consideration of a proposed expansion of the Northeast Community Redevelopment Area (CRA) of the City of Mount Dora into a portion of unincorporated Lake County, and that she would present the CRA process, the funding structure, the expansion proposal, the estimated revenue generation, an alternate funding option, and options for the Board’s consideration.  She explained that the under Florida Statute 163 Part III, local governments could designate properties as a CRA when certain conditions existed, including inadequate infrastructure, insufficient roadways, deterioration of site or other improvements, and higher crime rates than surrounding areas.  She elaborated that the programs and activities within the CRA would be administered by the Community Redevelopment Agency, and that they would develop and implement a community redevelopment plan which would address the overall goals of redevelopment and projects planned for the targeted area which may include streetscapes, sidewalks, roadway improvements, neighborhood parks, and community facilities.  She related that the CRA was funded through Tax Increment Financing (TIF), and that the dollar value of all real property in the CRA was determined as of a fixed date.  She stated that taxing authorities would continue to receive property tax revenues based on the frozen value, and that the revenues generated from the frozen values would be available for general governmental purposes; additionally, CRA tax revenues from increases in real property values would be deposited into a trust fund and were solely dedicated to the redevelopment area.  She displayed a map from the City of Mount Dora’s finding of necessity study from April 2022, showing the existing Northeast CRA established in 1990 by the City of Mount Dora and the proposed expansion into unincorporated Lake County, and that in the proposed expansion was an area known as Mount Dora Groves South.  She remarked that on December 6, 2022, the BCC approved an amendment to the future land use (FLU) map and rezoning of that 80 acres to accommodate a mixed use development of 783 single family and multifamily units, 150,000 square feet of Commercial, and associated recreational facilities.  She mentioned that revenue generated from the expansion would be used for the following improvements: construction of a 30,000 square foot community and resources center costing $12 million in a public/private partnership, which would include an indoor gym, basketball courts, technology for 3D printing, computer workstations, and banquet facilities; affordable housing in partnership between the City and Habitat for Humanity; beautification and rehabilitation, such as neighborhood branding projects; stormwater improvements based on a master plan; job training; cultural and historical restoration projects; and economic development efforts specifically in  the Grandview Business District, which was a special sub-district having its own visual improvement program.  She explained that the estimated revenue generation would be based on the residential and commercial land value, and that the total projected assessed value of the land and the structures, as proposed by Mount Dora Groves South, would be about $77.3 million.  She elaborated that with the current millage from the County, the Lake County Water Authority (LCWA), and the City, this area could generate an estimated revenue of about $829,000 in the first year and have an estimated lifetime impact of about $22.3 million through 2049 with a three percent escalator.  She stated that an alternative funding option consisted of the County providing annual funding to the City of Mount Dora though an interlocal agreement in an amount not to exceed $15 million for the construction of a community and resources center, and that this option was consistent with other partnerships the County had with the Cities of Groveland, Eustis, and Tavares, including the memorandum of understanding for the development of the Golden Triangle Regional Park, the interlocal agreement for the development of the South Lake Regional Park, and the interlocal agreement for the revitalization of Rosenwald Gardens.

The Chairman opened the floor for public comment.

Ms. Cortney Burnett, a resident of the City of Mount Dora, opined that the expansion would bring many renovations and projects to the area as well as raising morale.

Mr. Bobby Rowe, a resident of the City of Mount Dora, opined that this annexation would provide resources for the City of Mount Dora and for those in the northeast community who were underserved, and that the community resource center would provide services to the youth and the elderly in that community.  He also opined that a community resource center would help residents who did not have transportation go to the City of Leesburg to apply for Social Security benefits, and that young people could have tutoring and mentoring programs; furthermore, it could provide access to the internet and computers to those who lacked basic necessities to recertify online for food stamps and Medicaid.  He mentioned that the developers have stated that they wanted this development to be part of the Northeast CRA, allowing this area to benefit from those particular projects.

Mr. Nate Walker, Mount Dora City Councilmember for District 5, opined that this project would help with several initiatives, such as affordable housing, commercial development, and increased police and fire remaining in the neighborhood.  He asked that the Board would allow this annexation into the Northeast CRA, opining that it would be a benefit to that community, the City of Mount Dora, and the County. 

Mr. Adam Sumner, Deputy Planning Director for the City of Mount Dora, expressed appreciation for Ms. Stern and her presentation, and noted that the CRA could not receive more than 95 percent of the revenue per Florida Statute.

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

Commr. Parks asked when the community and resources center would be constructed if the County chose the option to fund it for $15 million.

Mr. Sumner related that the City had completed the schematic design and could have all the construction drawings in 180 days, noting that their goal was to break ground in November 2023.  He mentioned that they were projecting a $12 million cost, and that they had identified a second phase for the project which they did not have a cost for.  He commented that they had other funding available for that project, and that the $15 million from the County would be more beneficial to spend on other aspects in the plan as outlined in the presentation if it was not all needed for the community resource center; additionally, they would request the option to spend the funds on projects as defined by the CRA plan.

Commr. Campione inquired how the City was planning to fund the project if this property was not coming into the CRA and there was not another source of funding for the community center.

Mr. Sumner replied that they had a funding plan in place that would be issued in the fall, depending on the outcome of multiple grant applications that they had submitted or would be submitting.  He related that the Northeast CRA could afford $6 million in debt at the current time, and that they could apply for grants for the rest of the needed funds.  He mentioned that if the City did not have to spend that debt funding on this project, they could fund other projects in the district according to the plan.  He commented that they had over 30 projects in their redevelopment plan, and that the stormwater improvements within that area would cost $2 to $5 million.  He remarked that they had about $1 million in TIF revenue per year, and that according to the plan, they did not have enough revenue over the next 25 years to finish everything.  He stated that for many years the City of Mount Dora had envisioned this property coming into the Northeast CRA making it possible to fund those future improvements.

Commr. Blake questioned why this property was not included in the original CRA in 1990.

Mr. Sumner answered that it was not within the city limits, and at the time, there was not precedence for Counties to allow CRAs to bring in unincorporated areas as it had been done more recently.

Commr Campione inquired if the City had previously discussed this with the developer and the owner of the property, and if that was why they had the April 2022 finding of necessity study done.  She also wondered if the City would annex the property to set up the CRA, and then freeze the first year before closing on the property or starting construction on the property.

Mr. Sumner replied that their goal was to establish this property into the Northeast CRA boundary prior to the real estate transaction, and noted that the land value would not be as much if the real estate transaction happened before it was added to the Northeast CRA causing a substantial reduction in revenue of about $4 million over 20 years.

Commr. Campione commented that none of the funds would go into the City’s General Fund, and that it would all go into the CRA Trust Fund; furthermore, the County’s share would go into the CRA Trust Fund.  She opined that the City’s negotiations with the developer did not go as planned because the community did not want the type of development that was being proposed.

Mr. Sumner opined that the Northeast CRA Advisory Committee and the northeast community was supportive because they saw what the revenue could do for the community.  He remarked that the developer had sent a representative to present their project to the CRA Advisory Committee, and that they were supportive.  He commented that his job was to help redevelop the northeast community and to help those in need there, and that this was a way to fund those improvements that people in the community needed.

Commr. Campione opined that if the annexation had taken place and the CRA had been set up, it may not have met the statute to be in a CRA, and she questioned if it currently met the requirements of a CRA.

Mr. Sumner opined that redevelopment of Agriculture land that was being phased out of that zoning would pass the slum and blight test.

Commr. Campione opined that if everything had worked out, it probably would have been according to plan, and the County would not have questioned it.  She expressed concern about the alternate proposal of contributing as much as $15 million, opining that it would come from the County’s portion, assuming that this land would be annexed into the City.  She noted that the $437,000 a year of revenue from the City’s millage was based on an assumption that it was annexed into the City, and that County’s portion of $400,000 multiplied by 20 years was not enough to generate enough revenue to reach $15 million.

Ms. Barker clarified that this figure was only for the first year, and explained that the County added a three percent escalator per year for the property value increase, which was a conservative amount.

Commr. Campione asked if that would add up to $15 million.

Commr. Smith stated that to qualify as a CRA a community had to have inadequate infrastructure, and that there was a wastewater plant adjacent to the property and water utilities nearby.

Ms. Stern clarified that to qualify as a CRA, a community did not have to meet all those conditions, and that there was a more extensive list than what was highlighted in the presentation.

Commr. Smith commented that the community had adequate infrastructure, and that U.S. Highway 441 provided sufficient roadways.  He opined that there was no deterioration of the site or other improvements because it was an orange grove, and he questioned if it was blighted.

Commr. Campione relayed her understanding that it had not been an active grove for a while.

Commr. Smith opined that the community did not qualify under the condition of higher crime rates than the surrounding areas because the crime rate was not any higher than what was on the north side of U.S. Highway 441.  He opined that this community did not qualify to have CRA designation, and since it was not included in the CRA in 1990 because of it not being in the city limits, he wondered why it should be placed in the CRA when it was still not in the city limits.

Ms. Stern clarified that the finding of necessity study, which was conducted in April 2022, stated that slum and blight was observed, and it listed the reasons the area was considered slum and blight based on what the consultant found.

Commr. Campione relayed her understanding that it was addressed to the overall CRA area already in existence, and that this property was adjacent to that area.  She wondered if someone could challenge it or if there was any other agency that would question it.  She indicated her understanding that they would use 100 percent of the funding only in that area instead of distributing some of it to the General Fund for the general public, opining that this was an issue with CRAs.  She commented that this property going into the CRA could provide an opportunity for some of the projects to be accomplished which the CRA Board and the surrounding community wanted, and that if the County could consider this as a partnership with an interlocal agreement, it could provide a way to contribute funding to an area that needed it for specific purposes, while ensuring that some of the funding was going into the General Fund for the general public.  She stated that after seeing the numbers, she was not sure what would be left for the general public or if the County could contribute that much funding.  She remarked that it would require the City revenue, the County revenue, and the LCWA revenue to reach $829,000 for the first year, and then it would require a three percent increase of all those together to reach $21 million.

Ms. Barker noted that $400,000 with a three percent escalator would be $10.8 million after 20 years; additionally, the Office of Emergency Medical Services (EMS) would also be contributing ambulance municipal service taxing unit (MSTU) millage to the CRA.

Commr. Campione opined that this was an example of why CRAs could cause issues, and that it was not good to take funding away from EMS which was a critical service for the entire community.  She commented that she would be in favor of an interlocal agreement which would provide funding for specific uses for this immediate community, and that funding would still be going to the public at large and going to services, such as EMS; however, she was not satisfied with the amount of $15 million.

Commr. Blake reiterated that the fiscal impact to the County and EMS over 20 years would be $10.8 million, and noted that he could not see how this area met the statutory requirement for the CRA, opining that this opportunity could still have a good result.  He expressed concern about spending $5 million on the YMCA property for a public amenity that was about a 10 minute drive from this area, and opined that providing an additional $10.8 million over the next 20 years for the CRA did not make sense.

Commr. Shields recalled that the City of Groveland had wanted to expand their CRA, and that the City was advised to expand east on U.S. Highway 50 but to not include County properties, noting that he was on the City of Groveland CRA Board.  He commented that he was in favor of community centers, and that he had been trying to procure funding for a community center in the Four Corners area for two years without success. He opined that community centers were needed; however, funding them was an issue.

Commr. Smith relayed his understanding that if the City of Mount Dora wanted to annex this property, they could do their own CRA, and he inquired why the City was asking the County to move it into the CRA instead of waiting until it was annexed.

Commr. Campione opined that they could negotiate an agreement with the developer, which should have been the first step, and that the resolution to this issue was for the City to propose terms that were acceptable and reasonable.  She mentioned that if that did not happen, she would like to revisit this item, if there was sufficient support, to discuss an interlocal agreement to focus on funding for the community center.  She remarked that she wanted to know more about it, considering the magnitude of the investment, and opined that it should be designed to accommodate the specific needs of the community and to be inviting for those who want to play basketball after school or access social services.

Commr. Parks opined that the County had to be careful with CRAs, and he recalled that several years ago there had been a request to create a CRA in the Four Corners area, noting that the BCC at the time was unsure if it qualified and decided not to create it.  He asked if the property was going to be annexed, and opined that this discussion was premature.  He said that he would be in favor of discussing an interlocal agreement and hearing more about the details, such as how much it would cost, instead of expanding the CRA.

Commr. Campione mentioned that if the City could negotiate a reasonable agreement with the developer, then this item would not need to come back.

Commr. Parks opined that there would be similar discussions in the future with other areas of the county, and that the County would be looking for opportunities to partner with other Cities and to have interlocal agreements.

Commr. Campione commented that the situation with the City of Groveland involved multiple properties and other issues, such as, how quickly parcels would come in and administrative concerns about managing the TIF, and that the situation with the City of Mount Dora involved a single owner. 

Commr. Blake pointed out that he had voted against the funding of community centers in the past, opining that when the government became involved with funding community centers, it took funding away from other projects, such as roads.

Commr. Parks remarked that the County had a role in the regional park system, which made sense; however, this was more of a focused project.  He said that he wanted to help the City of Mount Dora, opining that this would be a good project, and that the County could assist them through an interlocal agreement.

Commr. Smith noted that the Four Corners area and the Bassville Park area wanted community centers; however, they did not have City governments to support them.  He stated that the City of Mount Dora had already planned a community center, which he opined was needed.  He commented that he would like to see the interlocal agreement before making a decision on it, and that he would be in favor of the City of Mount Dora bringing back an interlocal agreement for discussion.  He mentioned that he knew this area well, and that it had a nice baseball field.  He relayed that he did not know where the community center would be built or what it was going to look like, and opined that if the County was going to contribute funding, it should know what it would look like, what the programs would be, and what the benefits would be for all county residents.

Commr. Campione relayed her understanding that it would be built near the baseball fields on City owned property, opining that it would be a good central location to be accessed by the community.  She opined that the City should bring back details of the location, functionality, and appearance.

Ms. Marsh noted that with either option, the item would have to come back to the Board at a future BCC meeting for final approval.

Commr. Campione mentioned that another option was for the City of Mount Dora to reach an agreement with the developer of the property and move forward on their own.

On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 4-1, the Board voted to not expand the Northeast Mount Dora CRA, but to explore an interlocal agreement allocating funding towards CRA purposes, including a community center.

Commr. Blake voted no.

recess and reassembly

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

public hearing: ordinance 2023-5 ENTERPRISE ZONE DEVELOPMENT agency

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING ARTICLE IV, DIVISION 4, LAKE COUNTY CODE, ENTITLED LAKE COUNTY ENTERPRISE ZONE DEVELOPMENT AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-5 to repeal Article IV, Division 4, Sections 2-90 and 2-90.1 through 2-90.6, Lake County Code, entitled Lake County Enterprise Zone Development Agency, to be consistent with the repeal of enterprise zones by the Florida Legislature under Section 290.16, Florida Statutes.

public hearing: ordinance 2023-6 Criminal History Checks

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 2-81, LAKE COUNTY CODE, TO BE ENTITLED CRIMINAL HISTORY CHECKS; REQUIRING CRIMINAL HISTORY CHECKS FOR SPECIFIED BOARDS AND COMMITTEES; 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. Shields recalled that besides criminal history checks, the Board had discussed adding term limits for specified boards and committees.  He wondered if there was consensus to add this as a future agenda item.

Ms. Marsh relayed that it would have come back as a separate item at a future BCC meeting.

Commr. Smith noted that there was consensus, and asked staff to prepare for that.

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-6 creating Section 2-81, Lake County Code, to be entitled Criminal History Checks.

public hearing: ordinance 2023-7 Homeless Mitigation Advisory

Council

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 11-38, LAKE COUNTY CODE, TO BE ENTITLED HOMELESS MITIGATION ADVISORY COUNCIL; CREATING SECTION 11-39, LAKE COUNTY CODE, TO BE ENTITLED AFFORDABLE HOUSING IMPACT STATEMENT; 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.

Mr. Mike Taylor, a resident of Clermont, commented that he had been a realtor in south Lake County for over 10 years and had served on various boards, and that he was in favor of the proposed ordinance to create the Homeless Mitigation Advisory Council.  He mentioned that he had spent 10 years of his childhood in foster homes, and that he had experienced homelessness.  He expressed concern about the growing demand for affordable workforce housing, and said that mitigating homelessness was important to him.  He related that he was on the Affordable Housing Advisory Committee, and that the ordinance stated that no more than one member of the Homeless Mitigation Advisory Council could concurrently serve on the Affordable Housing Advisory Committee.  He asked that the Board would chose him to be the one to serve between the two committees.

Pastor Brian Broadway, founder of Find, Feed & Restore, expressed excitement for this council, and opined that this was a great opportunity to come together and find possible solutions.  He thanked the Board for helping to address affordable housing and other needs in the communities.

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

Commr. Parks thanked Pastor Broadway, opining that he did gook work.  He stated that he was in favor of this ordinance, and opined that the County had a leadership role in addressing this issue with time, resources, and organizing efforts.  He thanked Commissioner Campione, and noted that she had brought forward the City of Sarasota model to address the spectrum of homelessness.  He hoped that the County would continue towards a solution, and opined that this was the first step on that path.

Commr. Campione expressed excitement about a group of members of the community with expertise that could come together and work on solving issues associated with homelessness, opining that not every issue could be solved; however, there were ways to help people find the services which could allow them to resolve those issues and obtain permanent housing.  She opined that it was difficult for some people to navigate the system, and that helping them find the right services could solve many difficulties.  She opined that the cost and availability of housing was an issue; however, there were also services that some people needed and could need on an ongoing basis.  She opined that with this organization, ideas and suggestions could be refined, and noted that there were many good programs available.  She mentioned that in the City of Sarasota model, there were other options available and ordinances that could be passed, and that Lake County had utilized some of those options.  She opined that as this group discussed the issues, they would find that there was already a framework in place and several programs that the County supported; additionally, there would be more to do.

Commr. Parks opined that there were many Lake County residents who were eager to help; however, this council would need to be organized to not be duplicative.  He opined that handing out provisions was not as effective as finding and working on the root cause, and that it would be a countywide effort organizing it and marshaling the resources to make it effective. 

Commr. Campione opined that there was much duplication, and that it was necessary to address the many issues associated with homelessness that could overlap; furthermore, there were situations that were difficult to address, such as individuals avoiding law enforcement.  She opined that there were those who had chosen to stay away from society that may not want to change their circumstances, and that there were others who may not know about other options or how to change their circumstances.

Commr. Blake expressed concern that the new council would be constrained by Sunshine Law, and noted that members would not be able to speak to each other outside of a noticed meeting.  He opined that it would be good to have a council to formally innovate suggestions; however, Sunshine Law would not be an issue if it was a more informal group.

Ms. Marsh replied that if it was established by this Board, then it would be subject to Sunshine Law, which was one reason why the County could not have more than one ad hoc member since it would necessitate advertising it for both Boards.

Commr. Campione recalled that there had been boards in the County that started out as being subject to Sunshine Law who did good work and provided recommendations, and that they eventually disbanded and became informal groups, such as the health and wellness board which was having issues because the members worked with various hospitals and health agencies where they would see each other but not be able to have conversations about items for their advisory board.  She opined that the Homeless Mitigation Advisory Council was a good starting point, and that they could formulate policies and recommendations for the BCC until the board was no longer needed.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance 2023-7 creating Section 11-38, Lake County Code, to be entitled Homeless Mitigation Advisory Council.

Appointment to the Public Safety Coordinating Council

On a motion by Commr. Blake, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. Houston Spore as the new member to the Public Safety Coordinating Council as the primary consumer of substance abuse services member with no term limit.

Appointment to the Affordable Housing Advisory Committee

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to reappoint Ms. Danielle Stroud as the citizen who represents essential service personnel, as defined in the local housing assistance plan, along with a waiver, and to appoint Mr. Dan Matthys as the citizen who actively serves on the local planning agency pursuant to Florida Statutes, Sec.163.3174.

appointment to the Elder Affairs Coordinating Council

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to appoint the following individuals to the Elder Affairs Coordinating Council: Ms. Vicki Rogers representing District 3 to complete an unexpired term ending on January 31, 2024; Ms. Barbara Crewell representing District 4 to complete an unexpired term ending on January 31, 2024; and Ms. Barbara Wallace representing District 4 to complete an unexpired term ending on January 31, 2024.

reports

county manager

Dr. Martin Luther King Jr.’s Birthday

Ms. Barker remarked that Lake County offices would be closed on January 16, 2023 in observance of Dr. Martin Luther King Jr.’s Birthday.

commissioners reports

commissioner shields – vice chairman and district 1

Tourist Development Council meeting

Commr. Shields commented that he had attended a Tourist Development Council (TDC) meeting on the previous day, and noted that they had approved a $1 million project for more ballfields, which would come before the Board at a future BCC meeting.

Lake Economic Area Development (LEAD) meeting

Commr. Shields relayed that he would be attending the Lake Economic Area Development (LEAD) meeting on the following day.

commissioner parks – district 2

veterans’ memorial

Commr. Parks recalled that at a prior BCC meeting he had asked for an agenda item requesting discussion concerning the veterans’ memorial at the Lake County Historic Courthouse, and asked if there would be discussion and a longer term plan for renovation of the building.

Ms. Barker replied that the veterans’ memorial, which would be a monument type digital sign, was under design, and that she could send that information to the Board.  She stated that to increase visibility, it could possibly be relocated near the World War I statue, and that Commissioner Smith had taken the lead on that.  

Commr. Parks inquired if there would be discussion for a longer term plan for the whole building.

Commr. Smith said that if everything worked out, the veterans’ memorial would be by the World War I statue; however, there was much work to be done first.

Ms. Barker mentioned that regarding renovations to the building itself, the Office of Facilities Management was identifying the needs and considering grants through the State of Florida, noting that there were many grants available for historical landmark restoration efforts.  She commented that once staff had more information, such as total cost and grant opportunities, it would be brought before the Board.

executive order regarding immigration

Commr. Parks related that Florida Governor Ron DeSantis had issued an executive order regarding immigration, and he inquired how that would affect Lake County.

Ms. Barker replied that it currently did not affect Lake County as it was not an impacted area, and that if the County was requested to provide services and had to spend funds related to immigration that was not budgeted, the executive order would give more flexibility in spending those funds.

Commr. Parks questioned if the County would contact the Lake County Sheriff’s Office (LCSO) and the Office of Fire Rescue.

Ms. Barker answered that if the County was called in, the LCSO and Office of Fire Rescue would be contacted, and noted that any County or City could make a request of the State to ask for additional resources.  She relayed that the County would be contacted by the State to provide assistance in whatever manner needed, reiterating that the executive order would allow more flexibility for budgeting and expenditures.

Commr. Parks said that it was something the County could monitor, and opined that it could become an issue in Lake County.

commissioner campione – district 4

West Orange Trail and the Neighborhood Lakes Trailhead

Commr. Campione stated that she had been contacted by the City of Apopka Mayor Bryan Nelson regarding a legislative priority to connect the West Orange Trail and the Neighborhood Lakes Trailhead.

Lake Apopka Loop Trail

Commr. Campione mentioned that the City of Apopka was working on a request for funding to finish the Lake Apopka Loop Trail, and that they asked for the support of Lake County. 

hydrilla spraying

Commr. Campione relayed her understanding that the City of Apopka was lacking funding for hydrilla spraying in Lake Apopka, and that Lake County also had hydrilla needs.  She added that Lake Yale had been sprayed the previous day, and that Representative Keith Truenow had been involved.  She said that they had postponed the spraying because the Florida Fish and Wildlife Conservation Commission (FWC) was concerned with duck hunting and other stake holders; however, if it had been postponed, it would have been as much of an issue as it had been the previous year with no progress.  She mentioned that she had told the City of Apopka that Lake County would support their request for hydrilla spraying in Lake Apopka; however, she opined that FWC was working with a limited budget, and she hoped that the State would allocate more funding for that purpose.

rpa legislation

Commr. Campione said that she was hopeful that the RPA legislation submitted by Lake County would pass, and noted that there was a provision included for Cities to work with the County on a Joint Planning Agreement (JPA) or an interlocal agreement for areas in the RPA to obtain an increase in density beyond what the RPA would allow.

City of Eustis annexations

Commr. Campione commented that the City of Eustis was expanding towards the RPA, and that there were several annexations going to Thrill Hill Road and onto a large piece of property that Hanover Homes wanted annexed, opining that it was possible for the City to reach the RPA before the RPA legislation was in place.  She mentioned that if the annexations proceeded without the legislation in place, the County could work directly with the City to consider the possibility of a JPA, a JPA addendum, or an interlocal service boundary agreement (ISBA) for the Hanover Homes property to address issues, such as environmental concerns, effects on surrounding properties, and buffers. 

Commr. Parks asked if the property was southeast of Lake May Preserve.

Commr. Campione answered that it was closer to State Road (SR) 44, and that the City of Eustis had arranged for several parcels to stay as Agriculture and made agreements with property owners to annex their lands to make the property to the east contiguous.  She stated that the Hanover Homes property was very unique, being next to an old sand mine with a ravine going through the property.  She relayed her understanding that the adjacent property had an artesian well that was historically used by residents for drinking water in the 1800s, and that there were remnants of the old pump house there.  She noted that were some very unique hydrological aspects and large elevation changes there, and that Hanover Homes knew that they would have to develop it in a sensitive manner.  She opined that the City of Eustis would be annexing properties that were not urban in nature, and that there was a question of how much was contiguous.  She wondered if the County and the City could negotiate a way for the Hanover Homes property to be developed in an environmentally sensitive way that would protect the surrounding area and the integrity of the rural nature of this area.  She opined that it was important to discuss these issues because if the City of Eustis proceeded with these annexations, they could annex this property, and she suggested creating an ISBA with the City.

Commr. Shields relayed his understanding that if the legislation passed, it could be retroactive to the beginning of the year, which would cover this issue.

Ms. Marsh stated that it would require a different vote process at the State Legislature to make it retroactive, and that it could create an issue regarding transactions that had already been done.

Commr. Campione wondered if there would be a legal challenge if a right that was held previously was taken away by law.

Commr. Smith commented that Representative Taylor Yarkosky was presenting this bill, and that he could discuss this issue with him.

Commr. Campione mentioned that the developer offered to take the City Commissioners and the BCC out to this property, opining that the lay of the land was important to understand being very unique.  She pointed out that it was in the RPA and in the Wekiva Study Area, noting that when the RPA was created, it started where the Wekiva Protection Area ended and went to Thrill Hill Road and then north towards the Ocala National Forest.  She wondered if the County should let this annexation happen, or if the County should be proactive, knowing that it might still happen.  She related that when she had gone to the City of Eustis before, she had emphasized that the Wekiva Study Area provisions were in place for the reason of protecting these types of properties, and noted that the City had a new commissioner and a workshop coming up soon.  She commented that if each County Commissioner went to visit this property with a single City Commissioner, it would save the developer several trips, and that the policy makers would be looking at the property and learning why it was unique and why there needed to be added requirements.

Commr. Parks opined that it was conducive to the countywide effort for JPA creation.

Commr. Campione urged the Board to go visit the property, and that afterwards, the County could discuss this issue with the City and the developer.

COMMISSIONER BLAKE – DISTRICT 5

League of Cities meeting

Commr. Blake mentioned that the League of Cities luncheon was going to be in the City of Fruitland Park at the community center in Commission District 5.

commissioner smith – chairman and district 3

Lake Region Packing Association luncheon

Commr. Smith related that he had attended a Lake Region Packing Association luncheon on the prior Saturday, opining that it was well attended.

legislative priorities

Commr. Smith stated that there had been a legislative discussion on the previous day, and that he had presented Lake County’s priorities to the legislators.

Lake Apopka

Commr. Smith opined that it would be good for the City of Apopka or Orange County to contribute funding to the Apopka Beauclair (AB) Canal cleaning and the Nutrient Reduction Facility (NuRF) since 80 percent of Lake Apopka was in Orange County, noting that Lake County was paying 100 percent of the costs.

National House Plant Appreciation Day

Commr. Smith remarked that it was National House Plant Appreciation Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:08 a.m.

 

 

 

 

 

 

_________________________________

kirby smith, chairman

 

 

ATTEST:

 

 

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GARY J COONEY, CLERK