A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 9, 2024
The Lake County Board of County Commissioners met in regular session on Tuesday, January 9, 2024 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; and Josh Blake. Commissioner not present: Leslie Campione. 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 meeting, and noted that it was being streamed on the County website; furthermore, they were broadcasting the meeting 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 through the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.
Agenda update
Ms. Jennifer Barker, County Manager, relayed that there had been a feasibility study attached to Tab 22 after the agenda was originally published, and that on Tab 25 the term limit for Mr. Jeremy Wiseman was changed from January 14, 2028 to January 14, 2027.
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
Allyson
Griffin, Office Associate III
Office of
Fleet Management
Bradford Keough, Systems Support Technician
Office of
Public Safety Support
Brian
Curran, Firefighter/Paramedic
Office of
Fire Rescue
Ronald Falanga, Office of Procurement Services Director
Office of
Procurement Services
Joshua Kibler, Firefighter/Paramedic
Office of
Fire Rescue
Laura Layfield, Office Associate V
Office of
Animal Services
Joshua
McPherson, Firefighter/EMT
Office of
Fire Rescue
William Ponko, Senior Contracting Officer
Office of
Procurement Services
Elisa Yanes, Chief Fire Inspector/Plans Examiner
Office of
Building Services
TEN YEARS
Fred Martin,
Senior Plans Examiner
Office of
Building Services
Shane
Helton, Fire Lieutenant/EMT
Office of
Fire Rescue
Justin
Walker, Mosquito Supervisor
Public
Works, Mosquito Management
TWENTY YEARS
Darrell Collier, Firefighter/EMT
Office of Fire Rescue
Ramon Hernandez, Firefighter/EMT
Office of Fire Rescue
Melving Isaac-Jimenez, Engineer II
Office of Parks and Trails
Brent Muse, Fire Lieutenant/EMT
Office of Fire Rescue
Clayton Vaughn, Fire Lieutenant/EMT
Office of Fire Rescue
Scott Woodruff, Fire Lieutenant/EMT
Office of Fire Rescue
TWENTY-FIVE YEARS
William Tillery, Fire Lieutenant/EMT
Office of Fire Rescue
QUARTERLY AWARDS
EMPLOYEE OF THE QUARTER
Tyler Albers, Videographer
Office of Communications
SUPERVISOR OF THE QUARTER
Justin Elkins, Associate Director
Office of Water Resources
T.E.A.M. OF THE QUARTER
Office of Public Safety Support
Michael Goodwin, Installation and Maintenance Technician
Zachary Totton, Installation & Maintenance Technician
Office of Solid Waste
Mario Chatman, Hazardous Waste Technician
Zachary Waller, Hazardous Waste Technician
Office of Facilities Maintenance
Terry Bruce, Maintenance Worker II
William Campbell, Parts & Supply Technician
Office of Animal Services
Anthony Smejek, Office Associate I
Diane Hagan, Veterinary Technician
Elise Clifford, Veterinary Technician
Tia Waryas, Veterinary Technician II
Jennifer Mohr, Animal Care Coordinator
Laura Layfield, Office Associate V
Whitney Boylston, Director
Chelsey Nicholson, Lead Animal Care Technician
Lauren Rasor, Lead Animal Care Technician
Office of Fleet Management
Larry Higgins, Mechanic II
Timothy Chastain, Lead Mechanic
Roger Miller, Mechanic II
Office of Communications
Cierra Danko, Senior Graphic Designer
Office of County Manager
Thomas Carpenter, Assistant County Manager
Office of Emergency Management
Megan Milanese, Director
Nicholas Gerth, Deputy Director
ANNUAL AWARDS
EXCELLENCE IN SERVICE AWARD
BUILDING SERVICES LICENSING TEAM
Office of Building Services
Michael Roden, Licensing Investigator
Jimmie Hobby, Licensing Investigator
Holman Horton, Licensing Investigator
Daniel Provencher, Licensing Investigator
Chelsey Aitken, Public Hearing Associate
Jay Vaughn, Chief Licensing Investigator
PROCESS IMPROVEMENT AWARD
FLEET AND SOLID WASTE TEST TEAM
Office of Fleet Management
Joseph Blackwell, Director
Paul Rade, Supervisor
Allyson Griffin, Office Associate III
Roberto Rodriguez, Financial Coordinator
Devon Lynch Makin, Mechanic II
Richard Sullivan, Mechanic II
Larry Higgins, Mechanic II
Roger Miller, Mechanic II
Timothy Chastain, Lead Mechanic
Floyd Bush, Lead Mechanic
Office of Solid Waste
Johnny Taylor, Hazardous Waste & E-Cycling Supervisor
Jimmy Wise, Solid Waste Coordinator
Brad Leeds, Environmental Waste Technician
Aslot Auguste, Equipment Operator III
Steven Cates, Equipment Operator III
Gerald Patrick, Environmental Waste Technician
Todd Myers, Environmental Waste Technician
James Kennedy, Environmental Waste Technician
Minutes approval
On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the minutes for the BCC meeting of November 14, 2023 (Regular Meeting) as presented.
citizen question and comment period
Mr. Joseph Bishop, Forestry Supervisor with the Florida Forest Service, stated that he was in attendance to announce a public hearing date for the State Forest Management Plan, and noted that the Florida Department of Agriculture and Consumer Services, Florida Forest Service, had compiled an initial working draft of the Seminole State Forest 10 year resource land management plan. He explained that Florida Statute required state land management agencies to develop their land management plans with the input of a land management advisory group, and that state law required the advisory group to conduct the public hearing. He related that the objectives of the public hearing were to present the draft management plan with a focus on issues, goals, objectives, and strategies, and to receive feedback from the public and stakeholders on the plan. He relayed that the public hearing was scheduled for February 1, 2024 at 10:30 a.m., and would be held at Camp Boggy Creek, 30500 Brantley Branch Road, Eustis, Florida, noting that special accommodations for the disabled should be requested in writing from the Seminole State Forest Visitor Center at least 72 hours in advance of these proceedings. He commented that copies of the working draft of the plan and the management perspectives were available before the date of the public hearing online at fdacs.gov/news-events/event-calendar, by contacting the Seminole State Forest Visitor Center in writing, or by calling himself at 352-589-1762.
Mr. Banks Helfrich, an independent farmer, and a former Lake County Soil and Water Conservation District Chairperson and current candidate for the State House of Representatives District 25, spoke about purpose, and mentioned that there were organizations whose purpose was to serve the community, such as Find, Feed and Restore and Habitat for Humanity. He related that the City of Groveland adopted a dark skies initiative, opining that this had made it a pioneer of dark skies. He stated that his purpose was to help others and to teach sustainability to the community, and noted that once a month he offered farm tours and other events, such as making herbal medicine and tinctures, growing a food forest, and making tapas from the garden. He relayed that events could be found on Eventbrite under “Here on the Farm.”
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Shields, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 2, 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.
Approved Ordinances from the Umatilla City Council
Notice is hereby provided that the City of Umatilla approved the following ordinances at the November 21, 2023 City Council meeting: Ordinance 2023-22; Ordinance 2023-23; Ordinance 2023-24; Ordinance 2023-25; Ordinance 2023-26; and Ordinance 2023-27. Additionally, the following ordinances were approved at the December 5, 2023 City Council meeting: Ordinance 2023-19; Ordinance 2023-20; and Ordinance 2023-21.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 21, as follows:
COUNTY ATTORNEY
Recommend approval and adoption of Resolution 2024-2 supporting the proposed 2024 Legislative changes of Senate Bill 660 and House Bill 273 seeking to establish a public records' exemption for personal identifying information of persons who foster, adopt, or otherwise receive legal custody of an animal from an animal shelter or animal control Agency. There is no fiscal impact.
Recommend approval for the County Manager, or designee, to execute a Waiver of Account, Portions of Petition for Discharge and Service of Petition for Discharge; Receipt of Beneficiary and Consent to Discharge and any subsequent documentation required to disburse funds to the Animal Shelter in the Anne M. Marchetti Revocable Living Trust UAD December 10, 2018.
The estimated fiscal impact is $132,202.28 (revenue).
COUNTY MANAGER
Recommend approval to cancel the February 6, 2024, Board of County Commissioners meeting. The January Planning & Zoning Board meeting was canceled and there are no zoning cases to present to the Board.
ADMINISTRATIVE SERVICES
Management and Budget
Recommend approval of
reimbursement to the Lake County Sheriff's Office from the Fiscal Year 2023
State Law Enforcement Trust Fund for expenditures authorized under the Florida
Contraband Forfeiture Act. The fiscal impact is $168,548.01 (expenditure).
Recommend approval of a Sub-Recipient Agreement between Habitat for Humanity of Lake-Sumter, Florida, Inc., and Lake County for disbursement of American Rescue Plan Act (ARPA) Funds.
The fiscal impact is $400,000 (expenditure - 100 percent grant funded). Commission District 4.
Procurement Services
Recommend approval to declare items as surplus and authorize removal from the County's fixed asset inventory of record. The fiscal impact (revenue) cannot be determined at this time.
PUBLIC SAFETY
Fire Rescue
Recommend approval:
1. Of an application and
corresponding Resolution 2024-3 for a Florida Department of Health Emergency
Medical Services Grant; and
2. To accept grant funding
if awarded; and
3. To authorize the Chairman
to execute the grant application and supporting resolution.
The fiscal impact is $33,179.90 (revenue/expenditure - 100 percent grant funded).
community SERVICES
Housing and Community Services
Recommend approval:
1. Of a Sub-Recipient
Agreement with the Housing Authority of the City of Eustis for Community
Development Block Grant Fiscal Year 2023-2024 to build a laundry facility to be
used by public housing residents.; and
2. Of
a budget transfer in the amount of $214,000 from Aids to Private Organizations
to Aids to Private Organizations-Eustis Housing Authority Laundry Project.
The fiscal impact shall not exceed $214,000 (expenditure - 100 percent CDBG funded).
Solid Waste
Recommend approval:
1. Of Contract 24-916 for
Fully Automatic Bear Resistant Trash Cans to Northland Products, Inc.
(Prescott, AZ); and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $512,764 (expenditure - $300,000 in ARPA funding and $212,764 in the Landfill Fund) and is within the Fiscal Year 2024 Budget. Annual expenditures will not exceed available funding in future fiscal years.
Facilities Management
Recommend approval:
1. Of Contract 23-923 with
Blackwater Construction Services, LLC (Gainesville, FL) for the construction
and renovation of Fire Station 109; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated fiscal impact
is $2,500,000 (expenditure - $2,171,432 plus $328,568 for contingency
purposes). Commission District 1.
Recommend approval:
1. To utilize Contract
23-417 with Randall Mechanical (Apopka, FL), to install clean agent fire
suppression systems at courthouse evidence rooms; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation; and
3. Of
a budget transfer in the amount of $93,150 to reallocate funds from Facilities
Improvements Other Than Buildings to Facilities Buildings.
The fiscal impact is $93,150
(expenditure). Commission District 3.
Recommend approval:
1. Of Contract 24-902 with
Blackwater Construction Services LLC (Gainesville, FL) for the one-time
renovation of the Fleet Building; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated fiscal impact
is $2,608,000 (expenditure - $2,267,784 plus $340,216 for contingency
purposes). Commission District 1.
Fleet Management
Recommend approval:
1. To allow for an increase
to the annual expenditure for Contract 22-502 for Fuel Card Services, with WEX
Bank; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $800,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Annual expenditures will not exceed available funding in future fiscal years.
Public Works
Recommend approval to accept
public Right of Way and Easement Deeds that have been secured in conjunction
with development, roadway, and stormwater projects.
The fiscal impact is $343.30
(expenditure – recording fees) and is within, and will not exceed, the Fiscal
Year 2024 Budget.
Recommend approval to accept
the final plat for Sanctuary Phase 3B and all areas dedicated to the public as
shown on Sanctuary Phase 3B final plat.
The fiscal impact is $1,551
(revenue - final plat application fee) and there is no annual maintenance cost
as the roads within the subdivision are private. Commission District 1.
Transit Services
Recommend approval of The
Office of Transit Services Title VI Plan. There is no fiscal impact.
Recommend approval:
1. To apply to the Florida Department of Transportation (FDOT) under the Section 5311 Operating Grant Program for Fiscal Year 2025; and
2. To adopt Supporting Resolution 2024-4 authorizing the signing and submission of the Grant Application and Supporting Documents.
The estimated fiscal impact is $800,000 - $400,000 (revenue/expenditure - FDOT grant funded) and $400,000 (expenditure), if awarded.
Recommend approval:
1. To apply to the Florida Department of Transportation (FDOT) under the Section 5310 Capital and Operating Grant Program for Fiscal Year 2025; and
2. To adopt Supporting Resolution 2024-5 authorizing the signing and submission of the Grant Application and Supporting Documents; and
3. To procure vehicles under the State’s bid list through FDOT’s Transit Research Inspection Procurement Services (TRIPS) program.
The estimated fiscal impact is $1,560,460 - $1,084,414 (revenue/expenditure - FDOT grant funding), and $476,046 (expenditure), if awarded.
Recommend approval:
1. To accept the Federal Transit Administration’s Section 5339 Bus and Bus Facilities Grant for Fiscal Year 2023-2024; and
2. To adopt Unanticipated Revenue Resolution 2024-6 adding $2,213,219 to the Office of Transit Services Budget for the Federal Transit Administration’s 5339 Grant for Fiscal Year 2023-2024; and
3. To procure fixed route buses under the Jacksonville Transportation Authority’s RFP P-18-005, a fourth-year contract amendment between Jacksonville Transportation Authority and Gillig, LLC; and
4. To procure a paratransit bus under the Florida Department of Transportation’s Transit Research Inspection Procurement Services (TRIPS) contracts.
The fiscal impact is $2,213,219 (revenue/expenditure - 100 percent grant funded).
regular agenda
Public lands bond referendum
Ms. Barker recalled that at a previous Board of County Commissioners (BCC) meeting the Trust for Public Lands did a presentation about moving forward with a new bond referendum, which included doing a feasibility study and receiving input from the public, and said that the Board approved to request assistance from the Trust for Public Lands. She stated that this presentation was an update on the feasibility study, and noted that they were looking for some general direction regarding a public poll. She related that in November 2004, Lake County voters approved a public-lands bond referendum by 71 percent, and that following the approval, a $36 million bond was issued to acquire land to preserve natural areas, protect drinking water resources, protect open space from overdevelopment, and provide parks and trails. She commented that the debt service was payable from an ad valorem tax that did not exceed 0.3 mils, which was approved on the ballot; however, over the previous few years, that had been reduced and was currently at 0.0918 mills. She relayed that $2.5 million was paid annually for the debt service payment, and that the final payment for the debt service was in June 2026. She remarked that with the $36 million in bonds that were issued, the County acquired several properties and provided the environmental studies, surveys, design, and improvements associated with some of those properties, including the following: $6.5 million for Ellis Acres Reserve; $6.2 million for the Lake May Reserve; $5 million for the Neighborhood Lakes Reserve; $6.6 million for the Pasture Reserve; and $5 million for the Lake Hiawatha Preserve. She relayed that on October 24, 2023 the Board approved a letter requesting technical assistance from the Trust for Public Land and the Nature Conservancy, and that the County requested that they would develop strategies for supporting dedicated ongoing sources of public funds for land conservation and parks and that they would make recommendations on measures to enact those strategies.
Mr. Will Abberger, from Trust for Public Land, stated that the Trust for Public Land was a national private non-profit land conservation organization, and that their mission was connecting people to the outdoors and nature, noting that they did this in a variety of different ways. He commented that he worked in their conservation finance program, which was creating new sources of public funding at the state and local levels for parks, conservation, trails, and protected land for people to use and enjoy, and that they had been doing this in the State of Florida and throughout the United States (U.S.) since 1996. He related that they had been successful in securing voter approval for more than 650 state and local ballot measures, which included about 50 in the State of Florida, creating about $94 billion in new public funding for parks and conservation. He displayed a list of recent ballot measures they had worked on in the State of Florida, and said that of the six ballot measures in November 2022, five of them were approved in the Counties of Indian River, Alachua, Nassau, Polk, and Brevard. He mentioned that they had been involved with the $36 million bond referendum in 2004 in Lake County, and that they had worked with citizens in the community to organize a campaign and secure voter approval, noting that they went through the same steps that they would go over in their current presentation for a possible November 2024 ballot measure in Lake County. He relayed that the first step was feasibility research, which they had worked very closely with staff on, and that the Board had the draft feasibility report before them as did a number of citizens in the community; however, it was still just a draft. He remarked that once the Board had reviewed it, he would like to hear of any comments, suggestions, or improvements they could make. He noted that the next step was a public opinion survey, which would poll voters in Lake County, and based on what they learned in the poll and in the feasibility study, they would then come back with a recommendation of whether or not to proceed and what the ballot measure should look like. He related that if the Board decided to move forward to the next steps, then they would work with staff to develop the actual ballot language and work with citizens in the community to mount a ballot measure campaign. He showed the table of contents for the feasibility report, and stated that the report included the following: what finance mechanisms were available to Lake County to fund parks, trails, and conservation; how much revenue could be generated; and what the impact would be to taxpayers. He commented that there was also information in the report about the county in general, including the following: growth and development trends; governance; overall fiscal health; plans in place for parks, conservation, and open space; previous bond spending; and election history. He displayed a chart of finance mechanisms local governments used, such as general obligation bonds, local option sales tax, and a property tax levy, and noted that the most popular finance mechanism in the State of Florida for Counties was a general obligation bond, such as the one Lake County used in 2004. He opined that since land value was escalating as the State of Florida continued to grow with over 1,000 people moving in per day, it made more sense to have funding upfront to purchase the land quickly while it was cheaper than to wait and use a pay-as-you-go model. He mentioned that there was also another option available under Florida Statute, allowing the County to levy more property tax than was necessary to serve the debt service, subject to voter approval, and that this could be used for operations and maintenance, which was necessary for making it available to the public with trails and other amenities. He showed the bond chart included in the feasibility study, and explained that they had looked at different bond amounts. He related that assuming a five percent interest rate and an average single family residence (SFR) taxable value of about $185,559, a $50 million bond would be about $4 million in annual debt service and would require a 0.1152 mill levy, which would be about $21 per year for the average homeowner in Lake County, and noted that currently the County was levying about 0.09 mills, which was about a $5 per year difference. He commented that they had found that voters were generally willing to pay about $20 to $30 per year in additional taxes for parks, conservation, and trails, and that this would be for a $50 million to $75 million bond. He relayed that if the County wanted to levy more than was necessary to serve the debt service on the bonds, levying 0.2 mills would leave 0.08 mills, or about $3 million per year, for the operation and maintenance of bond acquired land in addition to the bond revenues available for capital expenses. He remarked that the funding Mechanism and the amount were some of the variables they looked at in ballot measure design, and that their next step was to poll Lake County voters, which was a way to test if this was something voters in Lake County would be willing to do, and that the Trust for Public Land did this at their own expense, noting that they would be providing that information to the Board and others in the community in the form of a recommendation to proceed or not based on the feasibility report and the poll.
Commr. Smith expressed appreciation for the presentation, and stated that he was excited to see the results of the poll.
Commr. Parks commented that he was in favor of moving forward, opining that the time to do this was soon. He indicated appreciation for the Trust for Public Land doing this without payment, and pointed out that they had much experience across the U.S., opining that the data gathered would be useful to Lake County. He relayed his understanding that the Board needed to decide within a couple of months whether or not to place this on the ballot, and opined that they should move forward. He opined that there was much interest and support for this issue at a prior South Lake Chamber of Commerce meeting, and that there was a strong interest in the community because of the rapid growth of the county.
Commr. Shields stated that he was also supportive, and he inquired if part of the polling would determine the amount residents were willing to pay for this.
Mr. Abberger indicated that this was correct, and explained that one question would ask voters if they would vote yes or no for a $50 million bond that would cost the average homeowner an additional $24 per year, opining that this was a valid question with the tax impact upfront.
The Chairman opened the floor for public comment.
Mr. Paul Owens, President of 1,000 Friends of Florida, commented that he was speaking on behalf of 1,000 Friends of Florida, which was a non-profit, non-partisan organization that promoted planning to protect their environment and quality of life as the State of Florida grew, and that in December 2022, they conducted a workshop in Lake County to highlight how thoughtful planning and conservation could preserve significant land and water resources in the county. He relayed that 1,000 Friends of Florida was in support of the initiative outlined by Mr. Abberger, which could give Lake County voters the opportunity to establish or renew a local land conservation program, and noted that they had supported the Trust for Public Land on several other county ballot proposals for conservation programs in recent years, which were all approved. He opined that most citizens recognized that protecting the environment was essential for maintaining a healthy economy and a high quality of life, and that most citizens were willing to pay to protect their environment and quality of life. He also opined that even though the proposed investment in land conservation in Lake County would likely be modest, the returns would be considerable, such as the following: protecting water; recharging groundwater supply; preserving wildlife habitat; reducing flood risk; expanding recreation; keeping tourism and agriculture healthy; increasing property values; and helping to steer development to urban areas with the infrastructure to accommodate it. He opined that funds raised at the County level could leverage at least as much if not more private, state, and federal funds, and that there were other Counties throughout the State of Florida who were already at the front of the line for matching funds.
Mr. Vance Jochim, a concerned citizen, expressed concerns about maintenance of public lands in Lake County, and he questioned why the BCC would consider purchasing more lands when several existing lands were not opened to the public or were not advertised as being open to encourage people to use them. He noted that the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) provided tours of their gardens and had other programs. He opined that the County should not be spending funds on land without setting aside funds to maintain it and encouraging residents to engage in it; however, purchasing land was one way to keep it from being developed.
Commr. Parks opined that these were valid concerns, and that it should be vetted. He recalled that many years prior lands were purchased with public funding to be set aside, and that residents were not encouraged to go to these lands being purchased with taxpayer funding to keep them natural. He opined that this philosophy had changed significantly, and that the Board wanted people to use public lands as much as possible, noting that he would support a program that factored in management. He pointed out that the County had purchased the Lake Hiawatha Preserve, which was 300 acres on Lake Minneola and Lake Hiawatha, and that it was natural lands with a trail and recreation, such as picnic areas and playgrounds. He related that the City of Clermont maintained it, and that it was well utilized.
Commr. Shields wondered if there would be land purchased to be set aside for nature, or if the number of parks would be increased, noting that maintenance would depend on that.
Commr. Smith remarked that he was supportive of purchasing land to be either a passive park or an active park, and opined that since the citizens of Lake County would be purchasing this land, they should have access to use the land.
Ms. Lavon Silvernell, a resident of Lake County, commented that she encouraged people to go out and enjoy natural areas, noting that she hiked on the trails. She opined that there should be public lands that were less actively used and public lands that had active use, and she expressed concerns about the maintenance and the environmental services of public lands, including treating stormwater. She hoped that there would be a group of people with many backgrounds who would have input on how this funding would be used, and that there would be way to use it that was equitable to the community and the environment. She opined that there was much support for public lands and natural areas in Lake County because of the rapid growth and changes in the county, and that this could serve as an antidote to that growth.
Mr. Helfrich opined that the Lake Hiawatha Preserve had recreational and conservational uses, and that because it was the people’s land, the residents should participate in deciding what the land was used for. He also opined that the County should give the citizens a chance to vote on this issue, and that they should take advantage of receiving matching funds for purchasing land. He mentioned that he was a small farmer, and opined that the County should preserve the land for agriculture and to keep it green. He noted that the City of Groveland had set aside land for preservation, and said that he would like to see a blueway that went through this area. He stated that he believed in water conservation, preservation, and recreation as well as letting land be where it was to ensure a full aquifer, especially in the Green Swamp, and he asked that the Board would vote to place this issue on the ballot for the citizens to decide.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
Ms. Barker stated that staff was looking for direction to move forward with the polling.
Commr. Smith commented that he was in favor of allowing the citizens of Lake County to decide.
Commr. Shields inquired if the funding mechanisms would be included in the polling, and if the voters would be asked if they were willing to pay for those options.
Mr. Abberger replied that they tried to describe the options in terms that the average voter would understand.
Commr. Shields asked when the Board would discuss the alternative funding mechanisms, or if it could be assumed that it would be a bond. He wondered if clear direction could be established at the current BCC meeting for continuing on with the same program the County had before, or if the other alternatives should be discussed.
Commr. Parks opined that there could be a lengthy discussion about the other alternatives.
Mr. Abberger clarified that the two options they looked at in their feasibility study included the general obligation bond as was done in 2004 and the bond with additional millage that could be used for management and operations, noting that they could test both of those in the polling.
Commr. Parks mentioned that he was not in favor of considering other options, such as sales tax.
Commr. Blake relayed that he was not opposed to obtaining free information, and that he was willing to look at the results of the polling; however, he was in favor of discontinuing the tax. He opined that because of the large national debt and rise in inflation, it was not a good time for local, state, or federal governments to be buying up private land, and that he would vote against it.
Commr. Smith commented that he was not opposed to allowing the voters of Lake County make a decision.
Commr. Parks pointed out that the Board could vote to place it on the ballot as a referendum; however, he said that the County would not lobby for it, and that it was truly in the hands of the voters.
Commr. Blake mentioned that even if it passed by 71 percent as it did before, there would still be many Lake County taxpayers who would be paying a tax that they did not vote for, and opined that the 71 percent of citizens who did want to spend their discretionary funds on this could pool their resources and buy land without the BCC being involved at all.
public hearings: REZONING
rezoning consent agenda
Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, displayed the advertisements for that day’s rezoning cases on the overhead monitor in accordance with the Florida Statutes. He mentioned that there were three items on the agenda, two on the consent agenda and one on the regular agenda, which included a future land use (FLU) case, a rezoning, and a conditional use permit (CUP). He relayed his understanding that the Board had received a comment card for Tab 2, and that they could pull this item from the consent agenda and present it. He related that the applicant for Tab 3 was ill and unable to attend the meeting, and that the request was made to postpone the public hearing until the February 2024 BCC meeting.
Commr. Smith relayed that there were three comment cards for those who wanted to speak on Tab 3. He stated that the Board would first vote on the consent agenda, and he asked the Board to disclose any ex parte communications, but there were none.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding the Rezoning Consent Agenda, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the Rezoning Consent Agenda, Tab 1, as follows:
Tab 1. Ordinance No. 2024-1
Rezoning Case # PZ2023-138
Johnson & Clayborn Property
Amend the Future Land Use Map (FLUM) to change the Future Land Use Category (FLUC) on approximately 5.00 +/- acres from Rural Transition FLUC to Urban Low Density FLUC.
rezoning regular agenda
Tab 2. Ordinance No. 2024-2
Rezoning Case # RZ-21-12-4
Florida Greenscapes Management Inc. Property
Rezone from Agricultural (A) to Planned Commercial (CP) District, to establish a CP ordinance to allow the retail sales of plants and allow for food truck(s).
Tab 3.
FL-7080 Crescent Lake – I Source Towers II, LLC
1. Conditional use permit (CUP) to allow a 160-foot monopine communications tower on Agriculture (A) zoned property.
2. Waiver from Land Development Regulations (LDR) 3.13.09(B)(1) to allow the proposed monopine communications tower to be constructed off-center.
3. Waiver from LDR Section 15.02.04(J) to allow the proposed monopine to exceed the required 140-feet height limitation.
Approval of this conditional use permit request is contingent upon the BCC approving the waiver to the telecommunications location and height requirements.
Florida Greenscapes management inc property rezoning
Commr. Smith stated that he did not have a comment card for Tab 2.
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.
Ms. Melanie Marsh, County Attorney, explained that there had been an email from Ms. Cindy Newton expressing concerns about Tab 2 that had been distributed to the Board; however, she was not in attendance.
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved to rezone from Agricultural (A) to Planned Commercial (CP) District, to establish a CP ordinance to allow the retail sales of plants and allow for food truck(s).
Crescent Lake – I Source Towers II, LLC CUP
Commr. Smith reiterated that the applicant was not in attendance because of illness and had requested that Tab 3 be postponed until February 2024; however, there was not a BCC meeting scheduled in February 2024 for hearing planning and zoning cases because it had been cancelled.
Ms. Barker stated that it could be placed on the first regular BCC meeting in February 2024 if the Board chose to table this item, noting that the February 6, 2024 BCC meeting had been approved on the current BCC meeting consent agenda to be cancelled because there had been no items to bring forward; therefore, this item could be placed on the February 13, 2024 agenda.
On a motion by Commr. Blake, seconded by Commr. Parks and carried by a vote of 3-1, the Board approved to table Tab 3 to the February 13, 2024 BCC meeting.
Commr. Shields voted no.
Commr. Smith reiterated that there were comment cards for those who wanted to speak on this item, and he asked them if they would be able to attend the February 13, 2024 BCC meeting. He inquired if the Board could hear their comments, noting that their concerns would be heard and in the minutes before the actual vote at the February 13, 2024 BCC meeting.
Ms. Marsh replied that the Board could do that at the current meeting and have their comments on the record; however, the residents would not have the benefit of the applicant’s presentation or the applicant’s response.
The Chairman opened the floor for public comment.
Ms. Dawn Solomon, a resident of the City of Clermont, stated that she had purchased a home near the Green Swamp area to raise her children in a healthy environment, and that she had trusted that this area would stay that way because the Green Swamp was a protected area. She mentioned that this was the second time the public hearing on this item had been postponed, and that there was no signage for the current BCC meeting, noting that she was the only one of her neighbors and family members who had received a card in the mail. She expressed concerns about a cell phone tower being placed near her house, and opined that there was an elevated cancer risk and a possible 20 percent property value loss. She hoped that the Board would take that into consideration before allowing this to happen, and opined that there were no issues with the cell phone or internet service in this area currently.
Commr. Shields commented that this was his district, and that she could call him and receive information about what the Board was allowed and not allowed to do because of the federal regulations in place.
Ms. Eleanor Bottey, a resident of Lake County, commented that they had purchased a home in the Green Swamp area, opining that it was a healthy place to raise their family. She expressed concerns about the cell phone tower being located close to her home, opining that it could significantly increase cancer rates and decrease property values. She noted that there was a school in close proximity to the proposed tower site, and urged the Board to consider the safety of the citizens living in the Green Swamp area.
Mr. Alfred Spinner, a resident of Crescent Bay, commented that his subdivision was across the street from the proposed site, and opined that a cell phone tower on Hull Road would affect property values. He noted that the proposed tower exceeded the height that was permitted by law, causing the County to make an exception. He opined that even though a cell phone tower provided a great service, there were better places for it, and that this would not enhance their lives.
Mr. Darryl Ladd, a resident of Hull Road, remarked that the proposed site was adjacent to his property, and asked that the Board would deny this application, especially for the extension of 20 feet. He opined that if it had to be built there because of federal regulations, then they should not be allowed to go higher than a normal cell phone tower, and noted that he was against it.
Ms. Stephanie Carter, a resident of Lake County, expressed concerns about the electrode magnetic field (EMF) issue from cell phone towers and the possible loss of property value near cell phone towers. She opined that the application could be denied for the following reasons: not providing public notice to surrounding communities; not conducting an environmental impact study, which was required for the Green Swamp Area of Critical Concern; paying less property tax than the surrounding neighbors; not adhering to the land development regulations (LDR), which everyone else was legally required to adhere to; requesting a waiver to exceed the normal height by 20 feet; and placing the tower off center, which moved the tower closer to residents. She indicated concern about rezoning the property, noting that this property had previously been the proposed site of a gas station and a market; however, the request had been denied. She mentioned that there were existing towers that provided service, and opined that even though there were some spotty areas, it was not enough to construct a new tower; additionally, she expressed concerns about the unsightliness of the tower.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
Commr. Shields asked Ms. Marsh to explain the legal aspects of cell phone towers.
Ms. Marsh stated that under the Federal Telecommunication Act of 1996, local governments could not consider the health effects of towers as long as the towers complied with any federal regulations as they were being constructed, and that this could not be considered. She relayed her understanding that there were studies available and towers that had been removed; however, that was not something in the Board’s jurisdiction and could be overruled on those grounds. She related that regarding real estate values, there had to be more than just a generalized statement that it would impact property values, and that residents would have to present evidence in the form of expert testimony from realtors, studies, and appraisals in order to justify turning it down based on the value of property. She recalled that about two years prior, the Board denied an application for a tower, which was appealed to federal court, and that the County lost that case, noting that the denial was based on the same concerns as the current case, such as aesthetics, property values, and emissions. She anticipated that if the application was denied when it came back, then it would be appealed to federal court, which held favoritism towards tower companies and pursuing these technologies.
appointment to the wellflorida council
On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved the appointment of Hugh Gravitt to the WellFlorida Council as a Lake County Purchaser.
appointment to the board of building examiners
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the appointment of Jeremy Wiseman to the Board of Building Examiners to fill the following position: A contractor certified under Section 489.105(3)(a)-(o), Florida Statutes. Mr. Wiseman would fill a vacant position for a term beginning on 01/09/2024 and expiring 01/14/2027.
reports
county manager
Martin Luther King Jr.’s Birthday
Ms. Barker commented that County Offices would be closed on January 15, 2024 in observance of Martin Luther King Jr.’s Birthday.
severe weather
Ms. Barker remarked that the County was monitoring the severe weather that was forecasted for the Central Florida area on the current afternoon, and that County Offices would close at 2:00 p.m., ensuring that County staff would be off the roads ahead of the more severe weather.
Commr. Smith relayed his understanding that the anticipated wind would be above 35 miles per hour (MPH).
Ms. Barker indicated that this was correct, and said that they anticipated the sustained winds being 30 MPH with gusts up to 70 MPH.
commissioners reports
commissioner shields – vice chairman and district 1
Lake Economic
Area Development (LEAD) meeting
Commr. Shields mentioned that there would be a Lake Economic Area Development (LEAD) meeting on the following day to give residents and business owners information about what LEAD was doing.
commissioner parks – district 2
Thrill Hill Road area plan
Commr. Parks inquired if there could be an update given on the area plan the County was working on in coordination with the City of Eustis for the Thrill Hill Road area, and asked if it could be placed on the agenda for a future BCC meeting.
Happy New Year
Commr. Parks hoped that everyone had a Happy New Year, and
opined that it would be a great year for the County. He mentioned that he was
looking forward to the annual strategic workshop in February 2024, and that he
looked forward to working with the County in the current year.
commissioner smith – chairman and district 3
Happy New Year
Commr. Smith wished everybody a Happy New Year, and opined that 2024 would be a very good year.
yearly proclamations
Commr. Smith related that some proclamations were done by the County every year, such as the Liberty Tree proclamation and the Pride in America proclamation, and he suggested that the Board approve all of the yearly proclamations in one BCC meeting, noting that they could then be presented throughout the year without having to approve them first.
Commr. Parks relayed his understanding that this would just be for proclamations that the County did regularly every year, noting that occasionally there were additional proclamations. He mentioned that if the regular proclamations were all approved towards the beginning of the year, then they would be ready to present.
Commr. Smith stated that they would be good throughout the year, and that other proclamations could be approved as they came up.
Ms. Marsh commented that the County Attorney’s Office could pull all of those proclamations that were done annually in their full form, and that they could be assigned numbers and approved at the same BCC meeting; furthermore; when the Board wanted to do presentations or events throughout the year, they would be available.
Commr. Parks relayed his understanding that if there was something receiving special recognition, such as Pride in America Month, it would already be approved, and that it could be announced at the BCC meeting that it was Pride in America Month.
Commr. Smith indicated that this was correct.
Martin Luther King Jr. proclamation
Commr. Smith relayed that he would be presenting a Martin Luther King Jr. proclamation at a Martin Luther King Jr. breakfast, and he invited Ms. Barker to attend.
Ms. Barker said that she may be joining him; additionally, she relayed that on February 26, 2024 the County would hold its annual strategies meeting.
national static elctricity day
Commr. Smith said that it was National Static Electricity Day.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:28 a.m.
_________________________________
kirby smith, chairman
ATTEST:
________________________________
GARY J COONEY, CLERK