A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 14, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, February 14, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.

INVOCATION and pledge

Commr. Smith welcomed everyone to the meeting, and he wished everyone a Happy Valentine’s Day. He commented that they were meeting in person and that the meeting was also being streamed live via Zoom.

Pastor Brooks Braswell, with First Baptist Church of Umatilla, gave the Invocation and led the Pledge of Allegiance.

virtual meeting instructions

Mr. Levar Cooper, Director for the Office of Communications, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching 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, requested to pull Tab 8 and Tab 23, noting that both items would be brought back at the February 28, 2023 Board of County Commissioners (BCC) meeting. She also mentioned that Tab 27 had been added as an addendum since the agenda was first published.

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

Jennifer Fisher, Stormwater Inspector I

Public Works Department

Angela Harrold, Parks & Trails Associate Director

Office of Parks & Trails

Ellen Nielsen, Office Associate III

Public Works Department

Rachel Snow, Code Enforcement Officer

Office of Code Enforcement

Danielle Suggs, Contracting Officer I

Public Works Department

TEN YEARS

Steven Bowers, EOIV/Team Leader

Public Works Department

Wes Jones, Office of Facilities Management Director

Office of Facilities Management

Brooke Moffis, Extension Agent III

Office of Extension Services

Christopher Macdonald, Recreation Coordinator

Office of Parks & Trails

FIFTEEN YEARS

Sandra Rogers, Senior Contracting Officer

Office of Procurement Services

Johnny Taylor, Hazardous Waste & E-Cycling Supervisor

Public Works Department

Elizabeth Kelley, Firefighter/EMT

Office of Fire Rescue

Anthony Moore, Technical Systems Coordinator

Office of Public Safety Support

TWENTY YEARS

Daniel Chimento, Firefighter/EMT

Office of Fire Rescue

Jay Ryon, Firefighter/EMT

Office of Fire Rescue

QUARTERLY AWARDS

EMPLOYEE OF THE QUARTER

James Beckner, Landfill Attendant

Public Works Department

Wayne Harrell, Biological Associate I

Public Works Department

Ms. Nelson commented that there were two employees of the quarter, noting that Mr. Beckner and Mr. Harrell were being recognized for assisting a co-worker who experienced a serious medical event while working at the City of Clermont drop-off facility. She added that they had contacted 911 and stayed with the employee until the ambulance arrived; furthermore, thanks to the quick reactions of these employees, the co-worker had made a full recovery.

SUPERVISOR OF THE QUARTER

Jimmy Wise

Solid Waste Coordinator

Public Works Department

Johnny Taylor

Hazardous Waste & E-Cycling Supervisor

Public Works Department

Gerald Patrick

Environmental Waste Technician

Public Works Department

Ms. Nelson relayed that the County was recognizing three supervisors of the quarter, noting that they had stepped up to cover the long-term illness and loss of a co-worker who had served at the landfill for 23 years. She commented that Mr. Wise, Mr. Taylor and Mr. Patrick had taken on additional responsibilities and duties, and had worked together to maintain operations and coverage. She said that their dedication to service was truly appreciated.

T.E.A.M. OF THE QUARTER

HURRICANE IAN DEPLOYMENT TEAM

Departments/Offices

Fire Rescue

Communications

Public Safety Support

Fire Rescue:

Stephen Davis, Michael Vitta, Jason Graham, Dane Wilson, Kirk Biccum, Cameron Gegelman, Jeremy Hendrix, Gerald Hood, Dustin Dart, Antonio Johansmeyer, Hunter Stagg, William Warbritton, Edgar Carrillo, Joshua McPherson, Brian Molina, Tyler Trudell

Communications:

Sarah Lux

Public Safety Support:

Michael Goodwin

Ms. Nelson remarked that they were recognizing employees who were deployed to help communities impacted by Hurricane Ian, noting that the team joined efforts with other government municipalities to aid with rescue and recovery efforts and operations. She explained that the team was deployed for 14 days on a mission to assist the emergency personnel of the City of North Port, as well as Sarasota and Lake Counties. She thanked them for their service to Lake County and the residents of southwest Florida who had been impacted by Hurricane Ian.

SPECIAL RECOGNITION

Tyler Albers

Office of Communications

Ms. Nelson stated that Mr. Albers was the videographer and the editor for Lake County’s 2022 State of the County presentation. She added that he was recently awarded an Emmy by the National Academy of Television Arts and Sciences at the 46^th Annual Suncoast Regional Emmy Award Ceremony for his work on the short film Challenge Accepted. She explained that this film was the story of Ms. Faith Christina, who was diagnosed with Down Syndrome at birth and was told all the things she would not be able to do. She commented that Ms. Christina defied the odds and proved that people with Down Syndrome could accomplish great things.

Commr. Smith urged everyone to see Mr. Albers’ work.

Minutes approval

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meetings of December 5, 2022 (Special Meeting) and December 6, 2022 (Regular Meeting).

citizen question and comment period

Mayor Pat Kelley, with the City of Minneola, played an audio clip indicating that the Crooked Can Brewing Company was creating a 40,000 square foot food hall in the Hills of Minneola. He specified that they were discussing the City of Minneola’s Florida’s Turnpike entrance, and he displayed maps of the area. He relayed his understanding that an AdventHealth facility, 4,500 square feet of medical, a Crooked Can distribution center, and a 0.5 mile shopping district would be coming to the area. He showed a concept of what could occur with two parks and a school, noting that the school had been approved and should be opening in the next few years. He also mentioned a parcel at the Florida’s Turnpike entrance which was going to be 1.36 million square feet of industrial uses, noting that all of the infrastructure was in place. He thanked the County and he asked the Commissioners to meet with the developer regarding the industrial uses and the Crooked Can. He mentioned that the Crooked Can would be located near a trail, and he mentioned the possibility of having a tunnel or a bridge there.

Commr. Smith thought that this was great, and he wondered if the County could add this to a BCC agenda as a presentation in the near future.

Mayor Kelley opined that it was moving quickly, noting that he wanted to try to involve the Board as soon as possible. He relayed that the City of Minneola would need to partner with the County to make this happen, and he thought that everyone could benefit from this; additionally, he indicated that he could bring this item back at a later date.

Commr. Parks thanked Mayor Kelley for the time they spent driving around the area, and he said that he was looking forward to considering some partnerships. He encouraged the Board to spend some time with Mayor Kelley.

Commr. Shields mentioned that there was a leveled playing field that the City of Minneola was trying to determine what to do with. He stated that he had let the Office of Visit Lake know about this, noting that with tourism, they were trying to put things together holistically and see where they were short on fields. He also commented that the Danish kayaking team had showed up in the current week and that there was nowhere for them to stay in Lake County; furthermore, he relayed his understanding that the City of Minneola had hotels coming in.

Mr. Kelley recalled that in the previous week, the Minneola City Council appointed Councilmember Erick Hernandez to work on what they were doing with these fields. He mentioned that they had around 60 acres of property there, noting that one of the fields was attached to where the Crooked Can facility, entertainment district and hotels would be located. He said that this was why they were looking to the County regarding possibly building roads underneath it.

Commr. Campione recalled the time when the Florida’s Turnpike interchange was being planned and when the community redevelopment area (CRA) idea came up as a way to obtain funding to get the roads in place and to get the interchange built. She added that these properties were the centerpiece, and she thought that Mayor Kelley had done a great job at navigating this.

Pastor John Christian, with Christian Worship Center, said that his organization had been tasked to build affordable housing in Lake County and had received three lots from the County. He elaborated that for the second house they built, they had a buyer who went through the affordable housing program and had realized that they were slightly over the income limit by $4,200. He relayed that the County Attorney had indicated that they needed to ask for this item to be added to the agenda for the next Board of County Commissioners (BCC) meeting, noting that the Board could possibly vote to give that family a waiver.

Commr. Blake inquired about the threshold that the family was exceeding.

Pastor Christian was unsure, but reiterated that they exceeded it by $4,200.

Commr. Parks asked if they were Lake County residents.

Pastor Christian confirmed this, noting that they currently lived in the City of Minneola. He stated that his church had built the house and tailored it toward the family, and he asked if the BCC could consider a waiver for them.

Commr. Parks mentioned that when the County did assistance for housing, they were serious about it being for Lake County residents and those working in Lake County.

Pastor Christian remarked that the husband worked at Pinecrest Lakes Academy in the City of Clermont, and that the wife was working through the University of Central Florida (UCF), noting that she had a scholarship there. He indicated that the family had been visiting his church for about six years, and that the wife had worked at Carver Middle School in the City of Leesburg; additionally, their children went to Lake County schools.

Commr. Smith said that he was amicable with adding this item to a BCC agenda so that the Board could ask questions.

Commr. Campione reiterated that the program was geared toward Lake County residents, and that the County was trying to meet the needs of affordable housing for those who were already in the county.

Pastor Christian indicated that they had been in Lake County for at least six years.

Ms. Melanie Marsh, County Attorney, stated that this item could be added to the February 28, 2023 BCC agenda.

Mr. Fred Costello, a member of the Board of Directors of the Palisades Homeowners Association (HOA), thanked the County for their support for his community to help guide development of their neighborhood and the services they provided to their homeowners and residents. He then presented the following examples of how the County had assisted his community: the County and the Lake County Sheriff’s Office (LCSO) worked closely with his community to guide the installation of multiple radar-actuated speed control devices; the County dispatched crews to address rainwater issues; a meeting with County staff was held to address planning issues with 150 new homes in his development; the County had provided guidance for their HOA to successfully purchase the acreage of their former Palisades golf course; the County dispatched work crews as needed to repair sidewalks that were raised by tree roots; and Lake County Sheriff Peyton Grinnell had met with his community regarding potential threats to women’s health clinics, and they discussed how to train the staff of these facilities to protect themselves and seek immediate help from the LCSO, noting that members of the Sheriff’s Special Weapons and Tactics (SWAT) team had also conducted threat assessments and training sessions for clinic staff members.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

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

List of Warrants

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

COUNTY MANAGER’S CONSENT AGENDA

Commr. Parks remarked that Tab 17 regarded a partnership that the County had with the Coastal Conservation Association for at least four or five years. He added that it had gained them attention statewide, and he expressed appreciation for the BCC supporting this partnership. He commented that Lake County was centrally located in the state, and that they had a location at their landfill to store all of the oyster shells from various oyster bars around the State of Florida; furthermore, those shells were utilized around the state for estuary restoration projects. He explained that it greatly helped their fish habitat and the fisheries.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 19, pulling Tab 8, as follows:

COUNTY ATTORNEY

Recommend approval of the First Amendment to the Lease Agreement with The Villages for the Clerk of Court's office space located at 902 Avenida Central, The Villages. Commission District 5.

Recommend approval and execution of Clay Electric's Right of Way Easement and St. Johns River Utility, Inc.'s Water and/or Sewer Easement related to the Butler Street Boat Ramp Improvements. There is no fiscal impact. Commission District 4.

ADMINISTRATIVE SERVICES

Extension Services

Recommend approval of a License Agreement with Live It Events, LLC, for use of the Lake County Agriculture Center on March 11, 2023. There is no fiscal impact. Commission District 3.

Management and Budget

Recommend approval to authorize the Chairman to execute the Florida Division of Emergency Management (FDEM) Public Assistance (PA) Subgrant Agreement for Hurricane Ian (DR4673) and any additional associated documentation or amendments to the agreement as required.

The fiscal impact is unable to be determined at this time.

Procurement Services

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

ECONOMIC GROWTH

Recommend approval:

1. To provide Tourist Development Tax funding for host fees and related event expenses for Lake County to host the 2023 The Spring Games, to take place at various locations, such as Sleepy Hollow Sports Complex (Leesburg), Legends Way Ballfields (Clermont) and Hancock Park (Clermont) and Lake Felter (Clermont). The date for this event is February 9 – March 26, 2023; and

2. To authorize the Chairman to execute the agreement with The Spring Games, if selected as the host location.

The fiscal impact is not to exceed $115,000 (expenditure – TDT funding) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission Districts 2 and 5.

Recommend approval:

1. To provide Tourist Development Tax funding for host fees and related event expenses for Lake County and Greater Orlando Sports Commission (GOSports) bid to host the 2023 – 2025 FHSAA State Golf Championships, to take place at Mission Inn Resort & Club, Howey-in-the-Hills. The dates for the event take place in November 2023, 2024, and 2025; and

2. To authorize the Chairman to execute the agreement with GOSports, if selected as the host location.

The fiscal impact over the next three years is not to exceed $126,000 (expenditure – TDT funding) and will be included in future year's budgets. Commission District 3.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Recommend approval and execution of the Interlocal Agreement between the Lake County Board of County Commissioners and the Lake County Tax Collector, allowing use of the AlertLake Emergency Notification System by the Tax Collector's Office. There is no fiscal impact.

Fire Rescue

Recommend approval:

1. Of Contract 23-905 to Blackwater Construction Services, LLC (Gainesville, FL) for the remodel and addition of Fire Station 91; and

2. Of a Second Amendment to the Interlocal Agreement for Fire Protection and Rescue Services with the City of Mascotte; and

3. To authorize the Office of Procurement Services to execute all supporting documentation; and

4. Of a budget transfer in the amount of $1,351,896 reallocating funds from various Fire capital projects to the Mascotte Fire Station project.

The fiscal impact is estimated at $1,751,775 (expenditure -- $1,523,275 plus $228,500 contingency) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 1.

Public Safety Support

Recommend approval:

1. Of Contracts 23-704 for Public Safety Support Vehicle Repair and Related Services with the following pool of vendors: Bartow Ford Co. (Bartow, FL), Clermont F Automotive Management, LLC (Tampa, FL), Kling Towing and Recovery, Inc. (Fruitland Park, FL), and Rush Truck Centers of Florida, Inc. (New Braunfels, TX); and

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

The estimated fiscal impact is $130,000 (expenditure). Annual expenditures will not exceed available funding in the fiscal year budget.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Recommend approval to accept a building donation from the Town of Montverde to be used for a temporary East Lake Library location and approval for the Chairman to execute any necessary transfer documents. There is no fiscal impact. Commission Districts 2 and 4.

Public Works

Recommend adoption of Unanticipated Revenue Resolution 2023-13 in the amount of $28,059 to receive funds from the Florida Department of Agriculture and Consumer Services for the Lake County Mosquito Control Program to be used for domestic mosquito control services, including vector-borne disease surveillance, prevention, and response. The fiscal impact is $28,059 (revenue/expenditure - 100 percent grant funded).

Recommend approval:

1. To accept the final plat for Edgemont and all areas dedicated to the public as shown on the Edgemont final plat; and

2. To adopt Resolution 2023-14 accepting Edgemont Lane (County Road Number 0365), Paragon Lane (County Road Number 0365A), and Duval Court (County Road Number 0365B) into the County's maintenance system.

These roads, totaling 0.69 miles, have an Annualized Average Maintenance Cost Impact of $15,714.25 per year or $314,285.06 over a 20 year life cycle. This is based on current costs for road maintenance efforts including road surface, curb and gutter, drainage systems, sidewalks and roadway tree trimming.

The estimated fiscal impact is $1,551 (revenue - final plat application fee) and an annual maintenance cost estimated at $15,714.25 (expenditure), which is within the Fiscal Year 2023 Budget and will be included in future year's budget requests. Commission District 1.

Recommend approval and execution of the First Amendment to Coastal Conservation Association License Agreement for Oyster Shell Storage at the Central Landfill Facility. There is no fiscal impact. Commission District 3.

Recommend adoption of Resolution 2023-15 accepting Church Hammock Road (County Road No. 5035) into the County's maintenance system.

This road, totaling 0.27 miles, has an Annualized Average Maintenance Cost impact of $6,073.05 per year or $121,461.01 over a 20 year life cycle. This is based on current costs for road maintenance efforts including road surface, curb and gutter, drainage systems, sidewalks and roadway tree trimming.

The estimated annual fiscal impact is $6,073.05 (expenditure), which is within the Fiscal Year 2023 Budget and will be included in future year's budget request. Commission District 3.

Recommend approval of a Right of Way Dedication and Impact Fee Credit Agreement with Senninger Irrigation, Inc., to dedicate right of way associated with the future Hooks Street extension project in exchange for transportation impact fee credits.

The estimated fiscal impact is $701,040.16 in South Transportation Benefit District impact fee credits. Commission District 2.

regular agenda

discussion on adjusting impact fee rate schedules

Ms. Allison Teslia, Director for the Office of Management and Budget, presented Tab 20. She provided the following background information: impact fees were required to be updated every few years in order to have the most recent and localized data in the calculation of the fee; in August 2021, the Board had accepted the library, parks and fire impact fee study provided by Benesch; in April 2022, the Board was presented with the transportation impact fee study; in July 2022, an overview of all the fees was presented, and the Board directed staff to hold the required public workshops to present the demonstrated need study justifying an increase greater than 50 percent of the current rates, which were held in August and September 2022; and in January 2023, the Board was presented an overview of the impact fee studies, noting that the Board had requested staff to provide information for phased approach options for the transportation impact fees. She showed an example of the impact fee rates in the south and northeast/Wekiva benefit districts for the transportation impact fees, noting that the schedule reflected the phased approach, should a five percent discount of the full calculated rate be adopted.

Commr. Campione asked to clarify that this was taking the 95 percent but doing it in increments each year for four years.

Ms. Teslia confirmed this.

Commr. Parks said that this slide was based off some interest from a previous BCC meeting for 95 percent for the south and northeast/Wekiva benefit districts.

Ms. Barker stated that this was correct, and that the Board had requested for staff to bring back 95 percent phased over four years, as well as 50 percent phased over four years for all of the impact fees.

Commr. Campione asked if the statute required them to do the 50 percent over four years, and Ms. Barker confirmed this.

Ms. Marsh explained that the County had gone through the extraordinary circumstance process, which was having the two public hearings. She said that the BCC could do 50 percent at the current time, and that they could change the percentage or timing. She added that this could only be done by declaring extraordinary circumstances, and that it would require a 4-1 vote.

Commr. Parks relayed his understanding that the fee for one of the categories would decrease.

Ms. Teslia said that it was based on square footage.

Ms. Barker clarified that staff had added accessory dwelling unit (ADU) and tiny home categories, which reduced what they would currently pay in the adopted fee schedules; therefore, these fees would decrease as a new land use.

Ms. Teslia then displayed a schedule reflecting the phased approach, should the 50 percent maximum fee rate be adopted, in each year.

Ms. Barker commented that for general light industrial, it only showed a 20 percent increase because of the maximum rate that was calculated through the study; furthermore, they could only charge the maximum that was calculated through the study process.

Ms. Teslia showed a schedule for if they adopted 95 percent of the full calculation in the central and north/central benefit districts, noting that it showed the phased approach over four years. She showed another schedule which reflected the phased approach to the House Bill (HB) 377 50 percent maximum rate increased in the central and north/central benefit districts, along with a schedule providing a comparison of the rates in the proposed west benefit district using a 74 percent discount, or 26 percent of the full calculated rates. She elaborated that current fees were based on the central benefit district rates, as this proposed new district is within the central benefit district; additionally, the fee for general light industrial would decrease, and this would not be phased because it would be down to the calculated rate. She showed a schedule reflecting the phased approach to the HB 377 50 percent maximum rate increase in the proposed west benefit district. She then displayed a comparison of the parks and recreation impact fees for 95 percent and 50 percent of the full calculated rates.

Ms. Barker pointed out that the 50 percent rate for single family was $291; however, the 95 percent rate was only $276, noting that the full calculated amount allowable through the study was $291. She elaborated that because it was not reaching the 50 percent threshold, it was not a 50 percent increase; therefore, this was why the $291 was the fully calculated amount under the 50 percent discount. She added that the 95 percent just reflected a five percent discount from the $291.

Ms. Teslia showed a schedule for the fire rescue impact fee rates, noting that it reflected a phased approach for 95 percent of the full calculated rate.

Ms. Barker noted that general office and retail reflected a decrease because in prior years, they were just applied to a larger square footage and all had the same rate. She added that the fire rescue, library, and parks impact fees did not have a different rate in different districts.

Ms. Teslia then displayed a schedule reflecting the fire rescue impact fees, should the HB 377 50 percent maximum fee increase be adopted, noting that general office, retail and active adult would decrease. She showed a comparison of the library impact fees for 95 percent and 50 percent of the full calculated rates phased over four years. She said that staff was seeking direction from the Board for adjusting the rate schedule for the library, parks, fire rescue and transportation impact fees; additionally, they were also seeking direction as to the division of the central benefit district into two districts, creating a new impact fee district to be known as the west benefit district.

The Chairman opened the floor for public comment.

Ms. Lisa Hayden, a resident of the City of Leesburg, thought that they had an extraordinary circumstance on County Road (44) in the City of Leesburg. She showed a map of recent annexations since 2017 totaling 2,020 homes along a four mile stretch of CR 44 that had no traffic calming devices. She thought that there had to be a way to improve this road, and that the only way to do this was through gaining funds and directing funding in the right places. She asked the Board to consider extraordinary circumstances for at least this area.

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

Commr. Shields believed that the Board had a general consensus that they did not want growth without infrastructure, and that they were also concerned about the possibility of an upcoming recession. He relayed that there were traffic issues that that the Board wanted to address, and he mentioned that if they did the 50 percent rate, then they would basically be locked into that and could not revisit it without starting over again. He added that if they did the 95 percent rate and phased it in so that the business community would have time to react, then he thought that the solution might be to phase it in starting October 1, 2023, once per year for four years. He commented that if the Board saw a significant issue during budget season between the current time and October 1, 2023, then they could rescind this.

Commr. Parks opined that this sounded sensible, and he asked if Commissioner Shields was referring to the south and northeast/Wekiva districts where there had been strong support for impact fees for roads.

Commr. Shields clarified that he would do this for all of the districts, with the exception of The Villages, opining that they did not use the roads like everyone else did.

Commr. Campione inquired if the Board could do the same thing six or twelve months from the current time, noting that they could reduce fees at any point.

Ms. Marsh confirmed this, but noted that when they increased the fees, they had to give it a 90 day wait time before making it effective.

Commr. Campione relayed her understanding that if there was a considerable economic change or a reason to back off, and because they had multiple transportation districts, then they could also treat one differently than another. She stated that she liked Commissioner Shields’ idea about if there was an issue over the next several months and if the Board felt the need to reduce the fees, then they would have the authority to do this. She did not think that going to 95 percent in four increments took away from the determination of extraordinary circumstances, opining that the growth and the amount of new construction, especially in South Lake, was extraordinary and did not seem to be letting up. She mentioned that they were also taking into account economic considerations and the impact on businesses who had looked out several years, opining that this would allow them to absorb those changes. She opined that it was extraordinary, but that the BCC was trying to do it in a way that was easier to plan and absorb.

Commr. Smith said that when he was at the Home Builders Association of Lake-Sumter (HBA-LS) a few months prior, he had asked them if they could absorb $500 or $750, and that they stated that they could absorb this. He added that this was what the phased approach did.

Commr. Blake opined that the Florida Legislature did not really give the BCC this option. He opined that extraordinary circumstances indicated something very unusual, along the lines of a local emergency when it came to funding, rather than previous decisions of not charging enough fees. He expressed concerns for declaring an impact fee emergency and then spreading it out over four years. He also thought that the option that the legislature gave them was that if they wanted to increase the fees absent an emergency, which he opined did not exist, then they had to go within the bounds of HB 377 which was the 50 percent option. He thought that the BCC needed to be a good example that they were following the law.

Commr. Parks commented that there were individuals who were opposed to the extraordinary circumstances, but he opined that they were probably the people who had been opposed to any impact fees. He said that the Board was in charge of managing a portfolio of funding options for transportation, and making sure that it was fair and that they were distributed across all of Lake County. He mentioned that the Board had discussed using more General Fund funding and trying to be fair to people who had lived in the County as well.

Commr. Campione disagreed that this was based upon previous decisions that were made to keep impact fees low, and she opined that the extraordinary situation was the number of people moving to the State of Florida and the attention that Central Florida and Lake County were receiving. She opined that they were at the epicenter of a growth explosion in the state, and she did not think that easing in an increase was contrary to the statute.

Commr. Blake opined that the legislature gave a way to raise more funding, which was the 50 percent, and he thought that they had included the extraordinary circumstances as a safety valve. He did not think that this qualified, and he recalled that going back to the Great Recession, the BCC had suspended impact fees for over 2.5 years because they were concerned about the damage that the drop-off in housing was doing to the local economy. He relayed that the Board did not have to do this, and that they could revisit it in September 2023. He also mentioned that Orange County had done a 25 percent discount for their building permits until September 2023.

Commr. Smith asked that if the Board waited until September 2023, would they have to go through the consulting fees and other items again.

Ms. Marsh believed that the last study update was in October 2022, noting that studies were typically good for three years; therefore, she was unsure if they needed the consultant again. She mentioned that they had gone through two public hearings, and that they could delay making a decision until September 2023.

Commr. Parks reiterated that they could also have it become effective on October 1, 2023, and that the Board could change things between the current time and that time as they went through the budget cycle.

Ms. Marsh confirmed that they could move forward with an ordinance with a delayed imposition date of October 1, 2023.

Commr. Campione mentioned the list that Ms. Hayden had discussed, noting that those developments were out there and could start shortly. She thought that the situation in which the legislation was put in place involved a county not far from Lake County that had a developer building many roads themselves. She commented that there were many facts involved that were not the situation they were dealing with in Lake County, noting that they could possibly create another benefit district. She opined that this was a fair thing to do because they were dealing with the same developer and the issue of a developer that built their infrastructure, versus the rest of the residents being asked to build infrastructure for developers. She commented that the Board was attempting to balance cost shifting, questioning if they should shift it to the taxpayers to fund the cost of transportation needs, or if the County should put it on the large developers and allow them to figure out ways to cost shift and absorb those costs. She also said that the County had some great tools to help with infill development and allow small local builders to work around impact fees. She thought that doing it incrementally was a good way to balance the impact of going up to the higher amount, and that if things changed economically and the Board felt that needed to pull back, then they would have this opportunity. She added that Orange County had funding sources that Lake County did not have access to because of Orange County’s designation due to their population and being an urbanized county. She thought that the issue of affordable housing in the state was something that the legislature needed to be addressing, noting that Lake County was trying to address its own transportation impacts locally. She opined that there should be other strategies to address affordable housing, rather than putting this on impact fees as the only way to address this. She thought that the Board had a solution and that they could potentially back off, and she relayed that certainty was an important part of assisting their business community; therefore, she thought that putting something in place was a positive versus delaying it.

Commr. Blake said that his primary objective was to follow the law, and he thought that the legislature was aware of the State of Florida experiencing extraordinary growth when they wrote this bill. He also thought that if they wanted it to be a possibility for the County to increase the cost of housing this quickly and by this much, then they would have specified this.

Commr. Campione said that since Commissioner Blake was aware of the discussion at the time, she asked him to tell the Board more about why this was being done.

Commr. Blake relayed his understanding that individuals had increased impact fees in Sumter County.

Commr. Campione indicated an understanding that Sumter County did not have any impact fees, and then they raised impact fees significantly; however, it was really an issue between residents, elected officials and the developer. She opined that it was playing out there in a different situation than she thought one would find in most any other place in the State of Florida.

Commr. Blake stated that as a result of the impact fee increases, not only did this legislation begin, but Lake County was also the beneficiary of the new University of Florida (UF) teaching hospital that would be built across the county line. He relayed his understanding that it was a difference of $2 million in impact fees to come to Lake County. He also opined that people responded to incentives, and that it was important for Lake County to follow the law.

Commr. Parks opined that The Villages did some good things when it came to planning, and that they had a high internal rate of capture. He relayed that the County could possibly create a district for them because they were doing it properly, noting that it could show that the County was being sensitive to them. He opined that it was a different situation in Sumter County, and he thought that Lake County was trying to be efficient with funding and how the roads were built.

Commr. Blake relayed that he appreciated the Board being sensitive to large projects, and he said that he wanted to also be sensitive to the small builders and HBA-LS who were not necessarily able to handle this. He reiterated that he still did not think that this was following the law, and he questioned if they could ask the Attorney General (AG) for an opinion on whether this would qualify under the definition.

Ms. Marsh replied that she would need a Board vote to submit for an AG’s opinion. She commented that there were not any definitions of what “extraordinary circumstances” was intended to mean, and that it generally reiterated what was in the statute. She specified that they had to have a study, that the study had to express that there were these circumstances, and that it had to be completed no more than 12 months before the adoption.

Commr. Smith inquired if this could be answered before the next BCC meeting.

Ms. Marsh responded that it would probably be a minimum of 90 days to receive a response back, and that an alternative could be that if a supermajority of the Board moved forward on the current day, then they could authorize her to do this in the meantime; furthermore, the Board could repeal their action at a later date.

Commr. Smith stated that this would satisfy him and Commissioner Blake on the question of legality. He relayed his understanding that the Board could vote on this item today, and that if the AG opinion came back different from what the Board thought, then the Board could change it, noting that it would not be starting until October 1, 2023.

Ms. Marsh confirmed this. She commented that she still needed to bring the ordinance back for a public hearing, and that they could have the request for an AG opinion at the same hearing; therefore, if the Board adopted the ordinances, then they could also adopt the request and staff could submit it at that time.

Commr. Smith asked if this item required a vote or consensus.

Ms. Marsh commented that it had to be a vote, per the AG’s requirements.

Commr. Blake made a motion to request an AG opinion, opining that the Board owed this to residents to ensure that they were following the law.

Commr. Smith passed the gavel to Commissioner Shields and seconded the motion.

Commr. Parks stated that he would oppose the motion because he thought that the Board should go with Commissioner Shields’ idea, and add this request as an addition.

Commr. Blake relayed that the discussion on the agenda was just to give direction on the approval to advertise for the public hearing to possibly raise impact fees. He clarified that his motion was just requesting an opinion from the AG for whether this fell within the framework of HB 377.

Commr. Campione thought that they had to be careful with the context. She questioned if the Board was just asking for an opinion and then waiting, relaying her understanding that there was some consensus to move forward and make the request at the same time.

Commr. Smith said that he thought that the motion was to send this item to the AG, in conjunction with next motion.

Commr. Blake clarified that this was a separate motion to receive the AG’s opinion, and he thought that the Board only needed consensus to move forward with the advertisement.

Commr. Campione stated that she would vote against this motion, and that she would make another motion to include the items together.

Commr. Blake commented that he was not in favor of the other items, and he questioned why she would include two separate subjects into one motion.

Commr. Campione explained that she did not want there to be any question about whether the Board was holding off or moving ahead with the adoption, with the understanding that they would also make a request for an AG opinion.

Commr. Blake clarified that this was a motion to make sure that the County was following the law.

Commr. Campione said that the motion she would make would be asking the same question of whether they were complying with the law.

On a motion by Commr. Blake, seconded by Commr. Smith which failed by a vote of 2-3, the Board did not approve requesting an AG opinion.

Commr. Shields, Commr. Parks and Commr. Campione voted no.

Commr. Shields passed the gavel back to Commissioner Smith.

Commr. Campione made a motion to move forward with the following items: the adoption of the 95 percent rate for the impact fees in each of the separate categories, as well as the separate districts, with an incremental implementation effective at the beginning of the following fiscal year; and to request the County Attorney to send a letter to the AG asking whether the County’s interpretation of the 95 percent increase being done in an increment, as well as their determination of extraordinary circumstances, complied with the Florida Statutes.

Ms. Barker asked if the motion also included the creation of the west district and if she wanted it at 95 percent.

Commr. Campione clarified that she wanted to include the new district with the 26 percent rate that was reflected.

Ms. Kristy Mullane, Chief Financial Officer for the Lake County Clerk of the Circuit Court and Comptroller’s Office, asked if this would just be for transportation, or all impact fee categories.

Commr. Campione responded that it would be for all categories.

Commr. Parks added that this was just to advertise.

Commr. Blake requested that the presentation which was presented to the Board regarding the extraordinary circumstances be included in what was sent to the AG.

On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 4-1, the Board authorized staff to bring back proposed ordinances for consideration that include new impact fee rates tentatively set at 95 percent of the calculated rate, spread over four years, beginning on October 1, 2023. Additionally, the Board voted to bring back an ordinance to create a new West Benefit District for Transportation Impact Fees. The proposed rate for the West Benefit District will reflect 26 percent of the total fees recommended by the consultant. In addition to authorizing the staff to bring back proposed ordinances, the Board also voted to submit a request to the Florida Attorney General’s Office to seek clarification on recently adopted legislation that allows a local government to adopt a higher impact fee percentage or different impact fee phase-in schedule if the local government determines that there are extraordinary circumstances justifying the deviation from the statute.

Commr. Blake voted no.

recess and reassembly

The Chairman called a recess at 10:23 a.m. for 12 minutes.

discussion regarding anglers on harris subdivision annexation

Mr. Jeff Earhart, Engineering Manager for the Public Works Department, presented Tab 21. He said that the purpose of this item was to discuss and obtain direction regarding the Anglers on Lake Harris residential subdivision annexation, the Comprehensive Plan (Comp Plan) amendment, and the rezoning applications pending with the City of Leesburg. He showed a map of where this development was located, noting that it was across from Lake Square Mall, as well as a map and pictures of the entrance; furthermore, he relayed that the entrance was only about 18 or 20 feet wide. He mentioned that the subject property was surrounded by development, and he displayed an image of the turn that one would take from United States (U.S.) Highway 441 to enter the subject property, noting that there were backups on the road trying to make a left or right turn during certain times of day. He showed the current zoning and land use, noting that if it was in the county, then it was Urban Medium density with a zoning of Planned Commercial (CP). He relayed that there were two graphics in the approved plan, and that one was for 14 cottages, 17 recreational vehicle (RV) sites, 20 tents, 60 boat slips and a club house. He added that the other option in the CP plan was or a convention hotel center with boat slips. He mentioned that Urban Medium surrounded the subject property, and that Urban Medium allowed seven dwelling units per acre; furthermore, this was about a seven acre site which would allow around 49 units to be developed. He added that Urban Medium also allowed for civic, commercial and office uses, along with light industrial if there was a conditional use allowed. He indicated that the land use, should it go to the City of Leesburg, would be Leesburg Low Density Residential. He showed a picture of the proposal of seven condominium units, relaying his understanding that they would likely be three story units. He remarked that it was on 7.3 acres, and that there would be 337 daily trips; additionally, the current zoning and traffic predicted 415 trips, noting that the proposal had less trips, including peak hour trips, than what the current zoning would allow. He said that the County requested for the Fire Marshall to review the site because there was only one accessway in, and that it was in the 18 to 20 foot wide area. He elaborated that the Fire Marshall had indicated that it was acceptable and that they could have a fire truck enter the area, noting that the nearby mobile home park had narrower roads. He stated that the Fire Marshall had requested for there to be a second emergency access near the Starbucks, though he relayed his understanding that the mobile home park possibly was not in support of having this connection unless if it was just an emergency connection. He then provided the following information: the Anglers Avenue driveway access from U.S. Highway 441 was not County maintained, and he believed that there were three different easements between 20 and 25 feet long that shared access; the easements were narrow in in the 20 foot range, noting that if it was a new development with the County, then they would want a 50 foot right of way to make it a County road; if it was going to be a County road, then they would want it to be 24 feet wide; and the driveway was currently shared with the Hideaway Mobile Home Park, noting that there were trucks going there that would be shared. He said that staff had prepared a letter that staff and the BCC could send, and that the recommendations could include the following: widen and repave the driveway to possibly be 22 feet; provide for sidewalks and pedestrian connectivity internal to the side and out to U.S. Highway 441; improve or maintain access to neighboring properties; provide a secondary access point for fire or for everyone to use; and define who would address long term maintenance of the roadway. He mentioned that this item had been passed at its first reading at the City of Leesburg, and that the second reading would be on February 27, 2023. He remarked that he would likely ask Strong Towns to review this because the mobile home park and the vacant parcel were both about seven acres; additionally, the mobile home park was currently assessed at $1.5 million, and the vacant land was assessed at $1.2 million.

The Chairman opened the floor for public comment.

Ms. Sam Rahrig, President of the Hideaway Mobile Home Park HOA, asked the BCC to visit and see where the subject property was. She relayed her understanding that the developer had not met with anyone, and she said that the proposed development had 48 units in three story units on Lake Harris, on 6.9 acres, and was surrounded by single family detached residential units. She expressed concerns that the development was approximately 164,000 square feet, and she asked the Board to send a letter to the City of Leesburg stating that due to substandard ingress and egress of the proposed development, along with utilizing a substandard single entrance for the proposed development, this jeopardized the neighboring communities in the event of an emergency. She opined that a development review, as well as a transportation and traffic safety study, should be completed and submitted to the City’s planning board prior to the second reading on February 27, 2023. She also relayed that her community was opposed to an extra entrance.

Mr. Daniel Howard, a resident on Holloway Drive, displayed a map of the area and relayed that the mobile homes were singlewides with single driveways and narrow roads. He opined that it was a 1960s type of development, and that the City of Leesburg was stepping over the Rural Residential (R-1) zoning and comparing their densities to this development. He opined if the mobile home park development was done with current standards, they would probably be at the 2.7 units per acre that the City had been doing, which would bring them to 20 to 21 homes for the seven acres. He relayed his understanding that the building envelope on the subject property was 3.76 acres, and that the developer was trying to fit 48 units, retention ponds, roads and parking inside of those 3.76 acres. He indicated an understanding that the schematic did not include boat trailer parking, and that the development on the other side of the subject property was also to 1960s standards. He mentioned that there were not any two or three story units for one mile east or west of the subject property, and he asked the Board help the residents keep the subject property as a single story, single family residential community with a lower density.

Ms. Alexis Swirski, a resident on Holloway Drive, thought that the proposal was ill-planned and did not fit with the community. She opined that the project needed to be scaled down and to be more reasonable, and she questioned if residents looking to stay there would want to drive through a Take 5 Oil Change and a Goodwill store. She opined that the area did not support this type of population, and that the developer’s prospectus had ambiguities. She expressed concerns for this degree of development next to her community, and she opined that the access could not handle another 100 cars per day; furthermore, having children there would be different than the existing community. She expressed support for developing the property at a reasonable scope and scale in a way that fit with the community.

Ms. Deirdre Griffin, a resident on Holloway Drive, expressed concerns with this rezoning case, noting that it did not require a second access for ingress and egress. She opined that the only ingress and egress onto U.S. Highway 441 had heavy commercial development and congestion, causing confusion. She said that the easements were legally granted 21 feet and were paved 18.5 feet wide, and that they were merely a driveway. She opined that they would become a significant safety risk due to the width, as well as being a risk to pedestrians due to the lack of sidewalks. She opined that the road network had significant safety issues, and stated that if someone blocked the road, then there would be no way to get an ambulance or fire truck to the area. She opined that this was not in harmony with the public’s best interest, as it jeopardized the safety and welfare of the existing community. She also indicated concerns for the mitigation of wetlands for the same case, and she opined that mitigation was avoidable and that there was no need to build 11 units 15 feet off state waters, or placing a clubhouse in designated wetlands. She indicated concerns that the displacement of surface water from the development buying mitigation credits would have a negative impact on neighboring properties since the development sat on a higher elevation. She relayed that FLU of the area was six units per acre, and she opined that only around 36 units should be allowed on the property. She showed an aerial image of the area, and she expressed concerns for having to pull over due to a truck coming in. She then relayed concerns for traffic issues in the area.

Mr. Ray Hayden, a resident on Dennis Road, opined that the entrance was similar to there being five different intersections inbound to U.S. Highway 441. He then played a video of driving to the property from U.S. Highway 441, which indicated concerns for traffic and the access point. He asked in the video for the BCC to send a letter to the City of Leesburg stating that due to the substandard ingress and egress, there were significant safety concerns regarding the width and condition of the access path, as well as a risk to pedestrians due to the lack of sidewalks; furthermore, he opined in the video that a single point of entry further jeopardized the neighboring communities in the event of an emergency. He also opined in the video that transportation and traffic safety studies should be submitted to the City’s planning board prior to the second reading, and that a planned development review should be completed prior to moving forward with this annexation. He then asked if it would be possible for someone from the County to attend the second reading of this proposal on February 27, 2023.

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

Commr. Blake asked if the letter would include the recommendations on the last slide of staff’s presentation.

Mr. Earhart clarified that it would have one or two paragraphs saying some of the things that residents had indicated.

Commr. Blake expressed concerns for the situation, and he opined that it was well within what the County should do to send a letter asking for these considerations.

Commr. Parks relayed that he was supportive of this and asking the City of Leesburg to not proceed until they answered these questions. He thought that it was a large safety issue and that it had to be addressed.

Commr. Smith indicated that he was in favor of sending a letter to the City of Leesburg.

Commr. Blake made a motion to send to send a letter as presented to the City of Leesburg expressing their concerns and offering some possible ways to mitigate the impacts.

Commr. Campione seconded the motion. She then inquired if there was enough space for widening the driveway.

Mr. Earhart replied that there was enough space to widen it to 22 feet; however, he was unsure if there was enough space for 22 feet and a sidewalk.

Mr. Howard expressed his understanding that there were three deeded easements that would need to be changed, and that the easement stated that it was 21 feet wide.

Mr. Earhart added that there was green space which could be widened into.

Commr. Campione questioned if there was a way for the oil change facility to change how they brought people in and out of their business.

Mr. Earhart relayed that this could probably not occur, adding that all of the commercial was in the City of Leesburg and that the properties toward the lake were in Lake County.

Commr. Campione asked if the site plans had been approved through the City of Leesburg.

Mr. Earhart confirmed this and added that the oil change facility would have also been the City of Leesburg.

Commr. Parks inquired if the motion included asking the City of Leesburg to not move forward until these items were addressed.

Commr. Smith relayed his understanding that the motion was to request the City of Leesburg to address these points, and that the County could add that they would appreciate if the City would not move forward until these items were resolved.

Commr. Campione added that the County could offer Mr. Earhart’s expertise, along with meeting and coordinating with the City of Leesburg. She opined that if the County was offering a potential solution, then they could possibly come up with something to mitigate the situation and make it better than it otherwise would be.

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to send a letter as presented to the City of Leesburg expressing their concerns and offering some possible ways to mitigate the impacts.

resolution 2023-16 supporting ban of chinese land acquisition

Commr. Parks thought that this item had likely been a concern for everyone, and he read the requested approval of a resolution supporting Florida Governor Ron DeSantis’ initiative to ban Chinese land acquisition in his proposed legislation if it was presented. He thought that it would be a good sign for the BCC to support this locally, and he opined that with the recent balloon incidents, the Chinese party’s intentions were on the forefront. He mentioned that there were two naval installations in Lake County, and he relayed his understanding that businesses based in Lake County possibly had their technologies stolen by companies from China. He clarified that this was nothing against the Chinese people, and he relayed that this item only regarded the Chinese government. He also encouraged looking for alternatives to purchasing items, particularly technologies, that were made in China.

Commr. Blake thanked Commissioner Parks for bringing this item forward, opining that it was a great idea. He also indicated concerns for items related to China which had occurred.

Commr. Smith said that he did not mind this, but noted that Governor DeSantis had not proposed any legislation. He thought that this item was premature, and that once the BCC had the legislation, then they could support it. He expressed concerns for supporting something that the Board did not currently know about. He then requested more clarity on this, and indicated that Governor DeSantis had only mentioned this item once during a public comment.

Commr. Blake opined that it was just a statement of support for the idea that the Governor had mentioned, and that if it were to be filed in a form that the Board found distasteful, then they could retract their support.

Commr. Campione asked about possibly changing the wording.

Commr. Parks stated that this could be done, and he opined that doing this could possibly encourage Governor DeSantis. He thought that the Governor had made it clear that he would put this item forward, and that this resolution would express support for that effort.

Commr. Smith opined that it was not written this way in the proposed resolution.

Commr. Campione noted that in the whereas clause, it said that Governor DeSantis announced publicly that he was pursuing a broad ban against the purchase of real property within the State of Florida by Chinese entities, and that the Board would hereby support the Governor initiative to ban Chinese land acquisition and thus limit the influence of the Chinese Communist Party. She mentioned that the Board could say that they urged the Governor to go forward with his initiative.

Commr. Smith mentioned that the Governor had not done this yet, and that the Board could support the idea.

Commr. Campione commented that the Board could encourage Governor DeSantis to pursue an initiative to ban land acquisition. She mentioned that this had been mentioned in discussions that she had with residents regarding large corporations in the homebuilding business that were owned by Chinese interests, and she was unsure how that played into this. She indicated that the Chinese could possibly get around this by having a corporation own the land, and that the corporation was owned by shareholders; additionally, one did not really know who the shareholders were.

Commr. Smith asked how this could be vetted.

Commr. Campione opined that individuals could determine this. She said that she imagined that if this legislation went forward, then there would be process for evaluating who the actual owner was.

Commr. Smith inquired if they could table this item to the next BCC meeting so that it could be rewritten, noting that it would be so that he could feel more comfortable with the wording. He noted that he would like to see what he was approving.

Commr. Parks was unsure how much they would have to change. He mentioned that the Board could just say “urge.”

Commr. Campione added that the Board could say that they urged or encouraged Governor DeSantis to pursue an initiative to ban Chinese land acquisition in the State of Florida. She also said that she was ready to support this item on the current day.

Commr. Blake stated that he was fine with supporting it with this change on the current day, and he opined that the issue with the Chinese Communist Party was that they merged the corporate world and the communist party, and that it was functionally a uni-party or uni-state.

Ms. Marsh commented that if the Board wanted to table this item until later in the meeting, then staff could make the changes and present it to the Board.

Commr. Smith indicated that he was amicable with this.

APPOINTMENT TO THE ARTS AND CULTURAL ALLIANCE

Commr. Campione recommended approval of Mr. Jon Sousan as the member representative for the City of Clermont on the Arts and Cultural Alliance. She remarked that the Board had previously discussed the possibility of disbanding this committee or making it a non-Sunshine Law committee, and that this was being worked on.

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. Jon Sousan as the member representative for the City of Clermont on the Arts and Cultural Alliance.

APPOINTMENT TO THE LAKE-SUMTER MPO COMMUNITY ADVISORY COMMITTEE

Commr. Parks said that Mr. Fernando Perez III had attended a previous BCC meeting and that he wanted to become involved.

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. Fernando Perez III to the Lake-Sumter Metropolitan Planning Organization (MPO) Community Advisory Committee, to serve an unexpired primary member term ending December 31, 2023.

APPOINTMENT TO THE ELDER AFFAIRS COORDINATING COUNCIL

Commr. Smith opined that Mr. Fred Costello had an impressive background, and he recommended him for appointment.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. Fred Costello as a District 1 member to the Elder Affairs Coordinating Council.

discussion regarding new medical examiner facility

Ms. Mary Ellen Stern, Executive Director for Economic Growth, stated that the Medical Examiner's (ME’s) Office was seeking a decision from Lake County as to whether the County was willing to convey a portion of its property located in the Christopher C. Ford Commerce Park to Marion County to be used for the new ME facility. She provided the following background information: in 2018, Lake County entered into an interlocal agreement with Citrus, Hernando, Marion, Seminole and Sumter Counties for cost share of ME services; at that time, the need for a new facility was anticipated within a five-year period; in 2020, an evaluation was conducted to examine the viability of expanding the existing location, which was found to be cost prohibitive; in 2021, a concept plan was developed for a new facility consisting of an office building and a separate building for the morgue functions; as the population continued to grow, the need to expand the ME’s Office was now critical; and Marion County, the administrative entity for the ME’s Office, had identified approximately six acres in the Christopher C. Ford Commerce Park. She relayed that the existing facility, located in the City of Leesburg, was transferred from Lake County to Marion County in April 2021, and she provided the following information about the existing facility: it was approximately 9,000 square feet; consisted of two parcels totaling approximately 1.4 acres; would revert to Lake County after the ME’s Office finished using the building; and was currently tax exempt, noting that the 2022 assessed value was slightly over $1.1 million. She showed an aerial image of the subject property in the Christopher C. Ford Commerce Park, and she mentioned that the County had been working with Colliers International regarding some County owned property. She said that they had obtained the following broker’s price opinions: for the 26 acre entire property, which encompassed the 5.96 and 20.5 acre parcels, the broker’s price opinion was between about $3.1 million and around $4.7 million; the 20.5 acre parcel was valued at the same price per acre for approximately $2.4 million to almost $3.7 million; if the County would sell the 5.96 acres to the same person that bought the roughly 20 acres adjacent so that they could grow their industrial property, then the value would remain at the same price per acre which equated to slightly over $700,000 to just over $1 million; and if the County decided to separate these two properties, sell the 20 acres for industrial development, and had the 5.96 that they had agreed to provide to the ME’s Office, then the price per acre would be half as much at just over $350,000 to around $500,000. She commented that after the current discussion and direction, the ME Advisory Committee would meet again on March 10, 2023 to continue to discuss the situation, noting that they planned to discuss using funds in reserves to further evaluate the property. She listed the following projects that were also in the Christopher C. Ford Commerce Park: the American Way property at 425,000 square feet; Florida’s Turnpike Logistics at 977,000 square feet, which was Class A industrial; Groveland Central Logistics at 877,000 square feet; Groveland Two at 570,000 square feet and 125,000 square feet; and the U.S. Highway 27 Facility at 542,000 square feet. She displayed the proposed new ME facility, noting that it was two separate parts, with the left side being the morgue area at slightly over 17,000 square feet, and the right side being the administrative office at over 11,000 square feet; furthermore, there was an approximately 600 square foot corridor for a total of just under 30,000 square feet when compared to the current 9,000 square foot building. She relayed that the ME Advisory Committee was trying to plan for around a 25 year growth period for population, and she reiterated that the committee had discussed using reserves to evaluate this building on the 5.96 acres. She mentioned that there was a chance that they could ask the County for additional land, and that the County had asked their broker if there was a threshold where they would reduce the price per acre; furthermore, this threshold was 20 acres, and the broker did not recommend going smaller than 20 acres if the County was going to keep the price of $120,000 to $180,000 per acre. She then displayed the ME Office’s estimated budget as of the February 2023 meeting, commenting that it was $180,000 for site work, just over $11 million for construction costs, about $3 million for a construction manager, and about $1.1 million for contingency for a total of around $18 million to construct the 30,000 square foot building. She mentioned that equipment and furniture were not included in this figure, and that there was a chance that some of the equipment could possibly be funded by the cost share portion; furthermore, the cost of land was also excluded, and the ME’s Office mentioned at the last meeting that they had approximately $1.4 million in reserves. She also displayed the allocation per county, which was a projection based on population, with the following figures: Seminole County at about $5 million; Citrus County at around $1.6 million; Hernando County at approximately $2 million; Lake County and Marion County at just over $4 million each; and Sumter County at around $1.4 million. She requested Board discussion and direction.

Commr. Blake stated that he had been on the ME Advisory Committee previously, and that they had discussions about a five year extension and a small investment to convert some office space to make it more workable for the doctor and staff. He recalled that one of the last items they discussed was the square footage and the plans, and that they were unsure if they could afford it. He relayed that Ms. Marsh had questioned if they would all build a facility split between six Counties, and then the operations cost was possibly what should be proportional. He thought that this was a good point, and he mentioned the value that the County was possibly losing by removing this property from some of their limited industrial park land. He relayed his understanding that Sumter County had proposed a possible option of having the facility there and that it would be a build to lease scenario, and he said that he had asked Sumter County staff to provide this information to Lake County. He indicated interest in considering all options before making this decision because this was a limited resource that Lake County had, and he relayed that the ME Advisory Committee thought that it would be wise to bring it back to the Lake County BCC. He added that there would be a meeting at the Lake County Emergency Communications and Operations Center (ECOC) on March 10, 2023.

Commr. Campione asked if Lake County would receive credit on their proportionate share for the value of the land they contributed.

Ms. Barker responded that this would be part of negotiations.

Commr. Smith expressed concerns for this going into one of Lake County’s last industrial parks, noting that it was a main distribution hub due to its location. He opined that the ME’s Office, being a commercial building, could be placed almost anywhere with the property zoning, and he stated that he liked the build to lease option.

Commr. Campione relayed her understanding that it would come off the tax rolls, and said that they could review the numbers and see what would happen if there was a private entity there contributing to the tax rolls into the future versus losing the value and the opportunity of the land, as well as the land creating jobs.

Commr. Shields mentioned that this location was where industry was being placed, and that he would rather place the ME’s Office somewhere else.

Commr. Parks believed that one of the developers around the Florida’s Turnpike interchange near the City of Minneola wanted potential participation with the County on infrastructure, and that there was possibly a deal there.

Commr. Campione commented that they would be pulling property out of an area that was their prime economic generator, versus a location that was still easily accessible for the ME’s purpose but not coming out of the inventory that the County needed for job creation.

Commr. Blake commented that an issue with the land with the existing facility in the City of Leesburg, which would revert back to Lake County, was that it was a specific use and would not be easy to unload in order to offset the cost.

Commr. Smith asked if this item required a motion.

Ms. Marsh replied that staff was looking or a motion so that they could go back to the next ME Advisory Committee meeting and let them know whether this was a possibility.

Commr. Smith opined that it was not a possibility to carve this out on the County’s last remaining industrial park.

Commr. Parks said that staff could possibly come up with other options.

Ms. Stern confirmed that they would look into other options, and that this request was initiated because the ME’s Office was specifically looking for County owned properties.

Commr. Blake relayed that they were ideally searching for a five to ten mile radius of their existing facility in the City of Leesburg because it was centrally located for the member counties.

Ms. Stern confirmed this, and added that it also had to do with Florida’s Turnpike and U.S. Highway 27.

Commr. Campione expressed interest in making it clear to the ME’s Office that Lake County wanted to help.

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved to ask staff to look for other options, noting that at the current time they were not willing to move forward with the County’s Christopher C. Ford Commerce Park site as an option.

resolution 2023-16 regarding chinese land acquisition CONTINUED

Ms. Marsh displayed the proposed resolution, stating that she had changed the title so that it now said “encouraging Governor DeSantis to pursue an initiative.” She added that the first paragraph in Section 1 had the same change, and that it read that “The Board of County Commissioners hereby encourages Governor DeSantis to pursue an initiative to ban Chinese land acquisition and limit the influence of the Chinese Communist Party within the United States and the State of Florida.”

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution 2023-16 supporting Governor DeSantis’ initiative to ban Chinese land acquisition, as amended.

reports

county manager

PRESIDENTS DAY

Ms. Barker remarked that the County Offices would be closed on February 20, 2023 in observance of Presidents Day.

commissioners reports

commissioner parks – district 2

sunbridge development in the city of orlando

Commr. Parks encouraged everyone to visit the Sunbridge development in the City of Orlando, noting that it included some great development techniques, such as the following: changes in the way they did landscaping; changes in how the layout addressed traffic concerns and became more walkable; architectural styles; and amending the soils to reduce irrigation demands by more than half.

thanking cherry lake tree farm

Commr. Parks thanked Cherry Lake Tree Farm, commenting that they had three races on a Saturday two weeks prior. He also thanked them for what they did for the county’s economy and for Lake County as a whole.

innovation for transportation summit

Commr. Parks said that he had attended the Innovation for Transportation Summit at UCF in the City of Cocoa Beach. He mentioned that Mr. Joe Blackwell, Director for the Office of Fleet Management, had also attended, and he thought that Mr. Blackwell was doing a great job.

happy valentine’s day

Commr. Parks wished everyone a Happy Valentine’s Day.

commissioner campione – district 4

visit to astatula elementary school

Commr. Campione stated that on the previous Thursday, she visited Astatula Elementary School and was a speaker at their national honor society induction ceremony, noting that they were the first school in the county to have a national honor society for their elementary school students. She said that it was great to see young people setting goals and focusing on academics, leadership and service. She recalled that she had used a story about the Lake County Animal Shelter, and some of the changes to reform the shelter, as an example of seeing an issue, getting involved, having a vision, getting the community behind it, and using leadership to improve conditions.

city of eustis community cleanup

Commr. Campione commented that on the previous Friday, she had been involved with the City of Eustis community cleanup in the Bates Avenue area. She added that most of the Eustis City Commissioners had attended, and that they had enlisted the help of the LCSO and inmates from the County jail. She mentioned that as the County had Keep Lake Beautiful (KLB) cleanups, she thought that it would be a good idea to ask the LCSO and inmates to help.

subdivision ordinance

Commr. Campione remarked that the County had a subdivision ordinance that had gone to the Planning and Zoning Board, who had wanted to make some changes. She said that the ordinance had not come to the BCC yet, but in the meantime, the County had decided to change its rules with regard to the planned unit development (PUD) requirement for subdivisions over 50 units. She added that currently they had a gap where they did not have their new regulations in place for straight subdivision plats. She clarified that if it was a PUD, it would come to the Board and they would have input. She opined that they could possibly put a moratorium in place for straight plat subdivisions, noting that someone who wanted to have one approved would have to have an agreement with the BCC that would put the same regulations in place that were in the subdivision regulations currently being created. She clarified that it would be temporary for six months and that it would likely be less than this; additionally, items could still move ahead if they included the additional regulations.

Commr. Parks expressed support for this, and he opined that it was an issue with growth management that the Board had to consider.

Commr. Campione thought that the County should not have removed the 50 unit rule until they had this in place, and that this was a way to address it.

Ms. Marsh clarified that the County did not remove this completely, and that it was still triggered at 200 units; furthermore, the way that the ordinance was currently drafted was that it would just prohibit any new preliminary plat applications unless they already had design standards in their PUD. She added that if they were using an older PUD, then they would have to do design standards, and she mentioned that it would also not affect anyone who already had preliminary plat approval.

Commr. Parks asked if this item would be discussed at one of the next BCC meetings.

Ms. Marsh confirmed this, and explained that a moratorium required more as part of the public hearing process. She said that it would go to the March 2023 Planning and Zoning Board meeting, and that their recommendation would come to the BCC. She elaborated that the BCC would need to do approval to advertise, and that there would be two public hearings for a moratorium.

Commr. Campione thought that the key was to emphasize that it was not truly a moratorium in that there was still an avenue, though one would have to use the regulations that they otherwise would have had to use if the County did not change the rules.

Commr. Blake indicated that he was not comfortable with this, but that he would save his comments for when it came back to the Board.

list of infill lots

Commr. Campione recalled that when the Board was working on infill waivers for school impact fees, staff had created a list of infill lots which had been located, noting that they had also had a way to do this for transportation impact fees. She expressed interest in revisiting this so that they would have a tool to see what was available, noting that it could also be a tool for the Home Builders Association of Lake-Sumter.

commissioner smith – chairman and district 3

parks, recreation and trails advisory board meeting

Commr. Smith related that he had attended a Parks, Recreation and Trails Advisory Board meeting on the previous night, and that he learned about birding and e-birding.

bcc strategies workshop

Commr. Smith said that on February 16, 2023, the BCC would have their strategies workshop at 9:00 a.m. in the Board Chambers.

happy valentine’s day

Commr. Smith wished everyone a Happy Valentine’s Day.

national ferris wheel day

Commr. Smith mentioned that it was also National Ferris Wheel Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:58 a.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK