A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

March 26, 2024

The Lake County Board of County Commissioners met in regular session on Tuesday, March 26, 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 (via Zoom); 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 noted that it was being streamed on the County website; furthermore, they were also broadcasting the meeting via Zoom.

Rabbi Jeffery Solomon, from Traditional Congregation of Mount Dora, 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.

Commr. Smith mentioned that Commissioner Parks was unable to attend in person, but that he was on Zoom.

Agenda update

Ms. Jennifer Barker, County Manager, requested that Tab 26 be moved after Tab 22 since these were both items brought forward by Commissioner Campione.  She reiterated that Commissioner Parks was joining them via Zoom and that he could participate in the conversation; however, he would not be able to vote.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved the minutes for the BCC meeting of January 23, 2024 (Regular Meeting) as presented.

citizen question and comment period

Mr. Thomas McRae, a resident of Lake County, expressed concerns for the safety of the public and for incidents on River Road in Astor, which did not have sidewalks.  He indicated concerns for walking on that road, opining that residents needed safe passage.  He also expressed concerns for drainage ditches, opining that there was flooding there and that the road was deteriorating.

Commr. Smith indicated that the County had been looking into the sidewalk situation in Astor.

Mr. Samuel Mehalick, a resident of Lake County, relayed his understanding that the County was responsible for the drainage ditches on County maintained roads; however, he opined that nothing had occurred with the drainage ditches in Astor.  He opined that there was debris in the ditches after ABC Professional Tree Service cleaned out their power lines, and said that he was banned from talking with the Office of Code Enforcement and at code enforcement meetings. 

Commr. Smith indicated that he could look into this.

Mr. Mehalick also asked if something could be done about the drainage ditches on River Road, and he expressed concerns for flooding being worse if this was not done.

Commr. Campione commented on the drainage ditches and said that the County had staff visit there and take inventory since the last Board of County Commissioners (BCC) meeting; furthermore, she thought that Mr. Mehalick would see some activity.

Ms. Barker confirmed this and added that staff acknowledged that the drainage ditches were higher than they typically were because there was water in the ditches, noting that they could not mow.  She relayed that they would be addressed as they dried out.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 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.

Lake County’s Semi-Annual Investment Report

Lake County’s Semi-Annual Investment Report of December 31, 2023 is hereby provided.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Smith relayed that someone wanted to speak on Tab 13; therefore, it would be pulled to the regular agenda.  He also requested to pull Tab 14 to the regular agenda.

Commr. Campione asked to pull Tab 5 to the regular agenda.

Commr. Blake asked to pull Tab 17 to the regular agenda.

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 19, pulling Tabs 5, 13, 14 and 17 to the regular agenda, as follows:

PROCLAMATIONS

Recommend approval of Proclamation 2024-30 designating April 7-13, 2024, as Lake Libraries Week in Lake County.

Recommend approval of Liberty Tree Proclamation 2024-39, per Commissioner Sean Parks.

COUNTY MANAGER

Request approval to remove advisory board members from the following boards and committees: Children’s Council, Affordable Housing Advisory Committee, and the Library Advisory Board.

ADMINISTRATIVE SERVICES

Procurement Services

Recommend approval:

1. Of Contract 24-931 with Liberty Tire Recycling, LLC (Pittsburgh, PA) to provide a tire disposal services; and

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

The estimated fiscal impact is $80,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Annual expenditures will not exceed available funding in future fiscal year budgets. Commission District 3.

ECONOMIC GROWTH

Elevate Lake

1. Recommend approval of the following items related to 24-919 Competitive Sealed Bid Submittal for Parcel ID 20-21-25-1200-000-00300/Alternate Key 3612141 (vacant 26.46 acres in the Christopher C. Ford Commerce Park):

a. To surplus County-owned property;

b. To accept the highest bid from Richland Acquisition Fund, LLC, for $5,000,050;

c. Of a Real Estate Purchase Agreement with Richland Acquisition Fund, LLC;

d. Of Resolution 2024-42 to Release Petroleum and Mineral Rights upon transfer of the property;

e. Of an Estoppel Letter regarding the Declaration of Restrictive Covenants for the Lake County Central Park; and

f. For the Chairman to execute any necessary closing documents.

2. Recommend rejection of all bids for Parcel ID 20-21-25-1200-000-00200/Alternate Key 3612132 (Lake County Welcome Center containing 2.56 acres).

The estimated fiscal impact is $5,000,050 (revenue) less any broker fees and closing costs to transfer the property. Commission District 1.

Recommend approval to authorize the County Manager to execute payments due under the applicable agreements to:

1. The Kroger Company of Ohio for the Economic Development Grant Incentive Program in the amount of $104,657.05;

2. The Kroger Company of Ohio for the Agreement for Waiver of Impact Fees in the amount of $49,105;

3. Ocado Solutions USA Inc. for the Economic Development Grant Incentive Program in the amount of $250,809.57.

The fiscal impact is $404,571.62 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget.

Recommend approval of the Mt. Plymouth-Sorrento CRA logo. There is no fiscal impact.

community services

Solid Waste

Recommend approval to advertise an Ordinance creating Division 7, Article IV, Chapter 2, Lake County Code, to be entitled Keep Lake Beautiful Advisory Committee.

There is no fiscal impact.

infrastructure and transportation services

Fleet Management

Recommend approval:

1. To increase the expenditure limits of Contract 23-738 for Repair Services for Lake County Vehicles and Operating Equipment for vendor Orlando Freightliner, Inc. from an annual estimated expenditure of $75,000 to $150,000; and

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

The estimated annual fiscal impact is $150,000 (expenditure) and will not exceed available funding in each Fiscal Year's Budget.

Public Works

Recommend adoption and execution of Resolution 2024-46 and perpetual communications systems easement to AT&T Corporation to be located along the southeasterly boundary of Schofield Road east of the intersection with Five Mile Road within Section 36, Township 23S, Range 26E.

The fiscal impact is $52.50 (expenditure-recording fees) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commissioner District 1.

Recommend adoption of Resolution 2024-47 to post multiple "No Parking No Stopping No Standing Any Time" signs along Sugarloaf Mountain Road, Sugarloaf Court and Hunters Trace Lane in the Minneola area.

The fiscal impact is estimated at $500 (expenditure - sign materials) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 2.

parks and water resources

Water Resources

Recommend approval of the First Amendment to Management Services Agreement with the Lake County Water Authority. The fiscal impact cannot be determined at this time.

public safety

Fire Rescue

Recommend approval of a Third Amendment to the Interlocal Agreement for Fire Protection and Rescue Services with the City of Mascotte. The fiscal impact is $20,222 (expenditure), and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 1.

tab 5: repeal policy for lake county women’s hall of fame

Commr. Campione relayed that in light of many recent developments regarding issues that women were facing, particularly in sports, she was concerned that the County was going to sunset an opportunity to honor and recognize women for their achievements in the community.  She did not think that having a women’s hall of fame was anti male achievement, and she opined that they had many opportunities to represent citizens in their community.  She opined that it would be fine if the Board wanted to have a citizen’s hall of fame or something gender neutral; however, she opined that for posterity’s sake it was important to memorialize achievements in the community, particularly by women.  She asked that the Board reconsider moving forward with sunsetting this, commenting that they could potentially make it every second or third year unless the advisory committee felt that there was a reason to move a particular candidate forward sooner.  She added that for the space on the wall in the Board Chambers, they could consider using the Lake County Historical Museum or another venue to display the signs and make additional room in the Board Chambers; furthermore, they could also create a publication with the pictures which could be available at the County, their website and the museum.

Commr. Shields relayed his understanding that there was currently not consensus that the Women’s Hall of Fame had served its useful life, and he opined that they should review it and follow Commissioner Campione’s lead.

Commr. Campione added that she could work with the County Attorney and staff on a proposal with some modifications for how they handled the space on the wall and the selection process.

Commr. Blake stated that he was not opposed to there being a Lake County Women’s Hall of Fame, though he was opposed to it having anything to do with the government.  He proposed possibly handing it off to a private organization that could keep it going, opining that it was not one of the BCC’s core duties.  He also questioned how many subgroups they wanted to divide themselves into and have separate walls of fame for.  He opined that it served a purpose at a given time, and that a Lake County Hall of Fame was not a BCC function.

Commr. Smith inquired if the advisory committee could take this over and nominate the person, and then the BCC could recognize them at a meeting.

Commr. Campione said that the BCC appointed the advisory committee, and she opined that the BCC’s role was promoting quality of life in Lake County and that having opportunities to recognize people who made contributions to their community was an important part in what they did as leaders.  She did not think that it was a drain on their resources, and she opined that as a local government they lifted each other up, worked together and honored their leaders.

Commr. Smith relayed his understanding that the Board was amicable with Commissioner Campione working with the County Attorney to come up with a solution or process.

Commr. Parks expressed appreciation for Commissioner Campione pulling this item from the consent agenda, and for the direction that the Board was going in.

tab 13: county incentive grant program agreement for cr 437

The Chairman opened the floor for public comment.

Ms. Katherine de Jongh, a resident of Lake County, expressed concerns for where CR 437 would go, and she displayed a map of the road.  She relayed her understanding that a portion of the property was needed to provide floodplain compensation storage for the roadway projects, and that the St. Johns River Water Management District (SJRWMD) was requesting access to the property to investigate potential wetland impacts, adding that the County wanted this assessment to allow them to value the property and determine if wetland mitigation credits were required.  She believed that this was a troubled area, and she showed a map from the County floodplain website.  She opined that this area was a floodplain, and indicated concerns that there would be an intrusion into the aquifer; additionally, she expressed interest in reconsideration for where it connected to CR 437.  She opined that a better route would be further south near Harbeck Lane, and that it could serve the same purpose and redirect traffic from this two lane road going through Sorrento.  She then opined that reconsidering the route of the road might be better than having to invest in mitigation points and harm the environment.  She also thought that closing the Women’s Hall of Fame program in Women’s History Month was not a positive item, and she thanked Commissioner Campione for pulling that tab and reconsidering how they might honor remarkable citizens and maintain what they had designated as worthwhile people in the community.

Commr. Campione said that the study of this location had gone on for many years, noting that the County was far along when it came to how much time, funding, effort and public input had been put into the decision of where to locate this realignment.

Mr. Jeff Earhart, Engineering Director for the Public Works Department, explained that this item was an agreement with a 50/50 match with the Florida Department of Transportation (FDOT) to acquire some of the property for CR 437.  He added that it also included an agreement with LD Plant, LLC, which owned the property to the south, for the SJRWMD to enter the property and review this.  He mentioned that the stormwater was being treated further to the right on the map, and that the area where Ms. de Jongh said that the floodplain was would be compensated storage where the treated water would go if it flooded.  He stated that they did not expect there to be major wetland impacts, but that there would be floodplain compensation storage because they were raising the road.  He also clarified that it was not funded for construction yet and that this was a right of way acquisition.  He then mentioned that this had likely gone on for around 15 years.

Commr. Campione asked about hydrologic and underground impacts.

Mr. Earhart replied that they did not anticipate digging down, and that it would be more like using that floodplain area.  He said that they were still working with LD Plant to see how they could possibly co-locate a pond.

Commr. Campione asked to confirm that they were not discussing excavating any lower.

Mr. Earhart responded that they would not be excavating and that it would not be dirty water for treatment; rather, it would be treated water, which had already been cleaned, going there for floodplain compensation.

Commr. Smith remarked that the County could not do anything without the SJRWMD approving it.

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

On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved the following items; a County Incentive Grant Program agreement with the Florida Department of Transportation (FDOT); to adopt supporting Resolution 2024-43 with the Florida Department of Transportation (FDOT) regarding funding the right of way acquisition services for County Road (CR) 437 from Central Avenue to Sorrento Avenue, in the Sorrento area; to adopt Unanticipated Revenue Resolution 2024-44 adding $1,730,824 to the Federal/State Grants Fund; a budget transfer in the amount of $1,730,824 from NE/Wekiva Transportation Road Impact Fees - Infrastructure to NE/Wekiva Transportation Road Impact Fees - Infrastructure ROW; and a Right of Entry and Hold Harmless Agreement to allow the County and its employees, directors, officials, agents and third parties the right to access the Property for the sole purpose of inspecting and reviewing the wetlands on the Property ("Inspections").

tab 14: advertise ordinance to vacate right of way

Commr. Smith mentioned that this item was to give up 50 feet of right of way on Old Highway 441, and he asked if the County would have enough room if they had to widen or place a bike trail on Old Highway 441.

Mr. Earhart explained that there was currently a 100 foot Murphy deed there, and that the County was releasing 50 feet where buildings were already located; furthermore, the County was maintaining 50 feet from the center line, which would allow them to widen it and put a trail there if needed.

On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved Resolution 2024-45 to advertise a public hearing to vacate right of way.  The closest municipality is the City of Mount Dora.

tab 17: contract with powell studio architecture

Commr. Blake said that he was voting against this item because he opined that the impact fee expenditure of around $169,000 was unnecessary.

On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 3-1, the Board approved the following items: to utilize Contract 21-0933C for on-call architectural services with Powell Studio Architecture, LLC (Clermont, FL) for the design, engineering and permitting of the Green Mountain Scenic Overlook and Trailhead second overlook tower; and to authorize the Office of Procurement Services to execute all supporting documentation.

Commr. Blake voted no.

elder affairs coordinating council update

Commr. Smith recalled that he had brought up the Seniors Blue Book in the previous week, and said that it was a wonderful item.  He mentioned that Mr. Fred Costello, a resident of the City of Clermont with the Elder Affairs Coordinating Council, had worked tirelessly on this, and that he had asked him to provide a presentation on the work he did for the citizens of Lake County.

Mr. Costello thanked the BCC and staff for the service they provided to Lake County.  He indicated that the mission of the Elder Affairs Coordinating Council was to provide the BCC with information and proposals regarding existing programs and facilities that were currently providing services to elder citizens, and to submit recommendations to the BCC regarding services, facilities and programs that would benefit elder citizens and assist in making Lake County an elder ready community.  He recalled that in the previous summer he had attended a meeting led by Ms. Yvonne Powers, Associate Director for the Office of Housing and Community Services, noting that the Elder Affairs Coordinating Council was asked to consider updating the then existing and outdated resource book for elders.  He mentioned that he had picked up a free copy of the Seniors Blue Book, which contained everything that the resource book had and far more.  He said that they were possibly going to buy their way into something that already existed as opposed to doing this work themselves, and that he had a meeting with Ms. Betty Hoffman, Associate Publisher for the Seniors Blue Book; furthermore, she had proposed possibly updating the Seniors Blue Book for what the Elder Affairs Coordinating Council wanted.  He stated that he met with Mr. Lee Sapp, Publisher of the Seniors Blue Book, and that they had come up with a plan to use the book as opposed to creating their own, noting that they had an opportunity for a project that would be a public/private type of relationship.  He remarked that Ms. Powers worked with Ms. Hoffman to provide all of the entries that they were interested in for Lake County, and that the BCC had approved this several months prior.  He also related that Mr. Sapp and his company was printing, publishing and distributing this directory free of charge.

Mr. Sapp explained that they printed this book and that he owned the franchise for Orange, Osceola, Seminole and Lake Counties.  He elaborated that they distributed 60,000 books every six months and had been doing this for eight years, and that they decided to create an emblem for Lake County.  He said that the emblem would be on the front cover on the next book in July 2024, and that that there were 29 books throughout the country; however, no one else had entered into an arrangement like they did with Lake County.  He related that they distributed in 1,800 locations in four counties, including all the Walgreens and the locations that Lake County wanted the book to be in.  He noted that they had a national website, and that if they received permission from Lake County, then clicking on their website would automatically direct one to the Lake County website.  He expressed appreciation to the Board for allowing them to do this, and he thought that it would be a win-win situation for the County and the Seniors Blue Book.

Mr. Costello pointed out that for the next edition of the Seniors Blue Book, Lake County would take leadership because they would be on the front cover in every Walgreens store throughout the Greater Orlando area.

Commr. Smith thanked Mr. Costello for his work on this, opining that it was great for every citizen in Lake County.  He added that they would meet with staff regarding what they could do about the website.

Commr. Parks thanked Mr. Sapp and Mr. Costello for this resource, and said that it was great to see it come to fruition.  He stated that Mr. Costello had immersed himself into the issues surrounding seniors in the community, and that he spent many hours going around the county, looking at assisted living facilities (ALFs), and checking on conditions and infrastructure; additionally, Mr. Costello was very vocal about those issues at the Elder Affairs Coordinating Council.  He thanked Mr. Costello for this, and mentioned that this data and everything he did was referenced in the Seniors Blue Book in one form or another.

Commr. Smith mentioned that people did not realize the number of hours that Mr. Costello spent on this, and that he went through all of Lake County.

Commr. Campione thanked them, and said that Mr. Costello was an asset to the community and that they appreciated him.

lake county historical society annual report

Mr. Ray Powers, the current President of the Lake County Historical Society, said that the previous day was Medal of Honor Day, and that they had a display in the Lake County Historical Museum for Private Robert Miller McTureous Jr., who won the Congressional Medal of Honor; additionally, there was also McTureous Memorial Park in Altoona, and there was always a good presentation on Memorial Day on behalf of Private McTureous.  He listed the Lake County Historical Society’s current board members, and he thanked the BCC for their help.  He commented that they ran on a limited budget, and that he was proud of the volunteer hours.  He explained that the Lake County Historical Museum’s primary mission was to protect, preserve and promote Lake County’s unique history, noting that the county’s population continuously grew.  He added that they were working diligently to improve and maintain a quality museum and showcase their Lake County history, opining that it was more important than ever to ensure that their community protected its history and identity.  He commented that they successfully organized and executed several major events in the previous year, including the Dr. Mary McLeod Bethune exhibit which was finished, noting that the museum had the only other marble statue of her in the world.  He mentioned that they finished their citrus ladder exhibit in the County Administration Building, commenting that most people did not realize that there was ever a 38 foot ladder used in the citrus business in Lake County.  He then listed the following events: the Crystal River Archeological State Park gave a presentation, noting that they were going to try to have them back and promote it more; on May 4, 2023, they participated in the National Day of Prayer, noting that this would also occur on May 2, 2024 in front of the museum; on May 6, 2023 they participated in Founder’s Day in the Town of Howey-in-the-Hills; they tried to have something for Flag Day in June each year, noting that Mr. Carey Baker, Lake County Property Appraiser, had given a presentation in the previous year; they had a flag retirement ceremony and were planning on doing this again in the current year; in July 2024, which was Pride in America Month, they would have Mr. Stewart Dunaway, with the Sons of the American Revolution, give a presentation on the southern campaign of the American Revolution; in August 2023, they had Mr. Mel Fisher’s granddaughter give a presentation on her grandfather, noting that the State of Florida had tried to take treasure from him twice, that it went to the Supreme Court, and that Mr. Fisher had won; in November 2023 they had a rally for Israel and had uncovered a Holocaust survivor, noting that having her talk to them was likely one of the most memorable things he had seen and heard; in December 2023 they had a Christmas tree contest between local organizations, and that they hoped that they could do it better in the following Christmas; in Black History Month in the current year, they had Mr. Daniel Sylvester speak on black folklore in the State of Florida; Flag Day was on June 14, 2024; in July 2024 they were working on as many events as they could for Pride in America Month; and they always tried to have something on September 11 for a day of remembrance.  He mentioned that their headcount for visitors had increased significantly, and that they started having homeschoolers and organizations that helped disabled children visit.  He commented that they likely had no less than 100 people for their events, and he opined that they had been successful.  He said that they were working on a Seminole exhibit with the Town of Montverde, which was going to include having a museum in the library, noting that they would have a sculpture of the Seminole Girl.  He mentioned that they enjoyed the American Doughboy statue being moved, and he thought that they could find a way to help with what Commissioner Campione wanted to do with the Women’s Hall of Fame; additionally, he also agreed with Commissioner Blake’s comments.

Commr. Smith said that the museum had upped its game over the last couple of years because of Mr. Powers’ leadership, and he expressed appreciation for this. 

Commr. Parks thanked Mr. Powers and the Lake County Historical Society, opining that some great work had been done over the past couple of years to provide their history to all citizens in Lake County.  He opined that as more people moved into their county, they would not be familiar with the county’s history and identity, and that it was important to promote their history to help them keep their identity through these immense growth pressures.  He said that he was looking forward to another great year and for the Seminole Girl coming to the Town of Montverde, adding that they were also displaying a collection of Native American artifacts which had been found in the Town of Montverde area.  He expressed appreciation to Mr. Powers for bringing up the Holocaust survivor Ms. Edith Freiwirth, relaying his understanding that Commissioner Campione had discussions with her.  He stated that he would like for the Board to honor her with a proclamation, and that she could possibly be a candidate for the Women’s Hall of Fame.

Mr. Powers commented that Ms. Freiwirth’s birthday was July 15, and that she was comfortable talking to them.  He hoped that they could do something to honor her, and he then mentioned that they had historical events coming up that they were going to try to provide with every Lake County school over the next few years. 

Commr. Campione thanked Mr. Powers for helping them make the connection with Ms. Freiwirth, opining that she was an amazing individual; furthermore, she and her husband had lived in Lake County for many years and had made many contributions to the community and the country.  She opined that her story needed to be told, and said that they were hoping to give her a way to do this.  She related that Ms. Freiwirth and her husband were also part of the congregation in the City of Leesburg, which was the oldest congregation in Lake County.  She added that there was much history in the City of Leesburg which was not available for people to learn about, and she thought that this was an opportunity to make that information available to the public.  She mentioned that Mr. Powers had realized that there was something special here, and that it was not easy making this connection and meeting with Ms. Freiwirth.  She expressed appreciation for him doing this and continuing to see this project through.

Commr. Parks thought that Ms. Freiwirth’s story was important to tell, opining that Jews were being persecuted at high levels.

Commr. Smith said that it was joy talking to Ms. Freiwirth.

regular agenda

paving of roads in astor powell subdivision

Commr. Campione explained that this item was a request to take on a project in Astor, which was unique because in the past the County had not engaged in any maintenance or improvement of designated roads which were not County maintained roads.  She said that she had been contacted by individuals who lived in the vicinity of this request and that it was especially problematic because it was a road in Astor which was paved many years prior, noting that it had large potholes which were increasing in size.  She expressed concerns for how deep they were and for how they were increasing exponentially in width, and she opined that they had difficulty with getting public safety vehicles down this road without either swerving to avoid the pothole and then damaging private property as a result, or going through the pothole and harming a firetruck or ambulance.  She thought that this would be an opportunity to bring forward a proposed project in Astor that would be for the protection of their public safety vehicles, as well as the public.  She mentioned that they often had non-maintained roads and easements in rural areas which were dirt and required grading to make them passable; however, this was a different scenario because of the pavement and the rate that it was deteriorating; therefore, she was unsure how the County could get a vehicle through there if they left this alone and did nothing.  She clarified that she was not suggesting to make a budget item each year to spend funding on roads like this, and said that it could be an ad hoc item.  She elaborated that as these situations arose, they could evaluate the severity, along with whether the condition would worsen and have greater potential to harm the County’s public safety vehicles.  She asked to allocate funding from the General Fund to primarily address Lisa Street, Pearl Street and James Street, and she showed images of the holes.  She requested that the Board consider this, possibly as a pilot, and then they could address future issues on a case by case basis.

Commr. Shields asked if they would make it a County maintained road so that it would not be back to this condition in 10 years.

Commr. Campione replied that it would be a much more expensive project to bring it up to full County standards; however, she thought that they could leave a designation.  She also thought that this would require some outreach to get acquiescence by the surrounding property owners to give the County permission to do the work.

Commr. Shields relayed his understanding that the only other option for their emergency vehicles on a private road was that if it was dirt, the County might scrape it.

Commr. Campione confirmed that this was what usually happened on dirt roads.

Commr. Shields added that on this one, the County’s only other option would be to get rid of the existing pavement and turn it into a dirt road.

Commr. Campione mentioned that it was unique because of the pavement situation and that by doing some work on it, they could preserve it as an asphalt road into the future.

Commr. Shields asked if the residents paved it at one point in time.

Commr. Campione thought that it was the original developer, and said that they did not know who paved it; furthermore, there was not a homeowners association (HOA).

Commr. Blake agreed and thought that the County had special scenarios where they would traditionally do County maintenance and divide it three ways, and that he was also fine with doing this.  He relayed that for the past eight years, there was an almost identical situation on Marjorie Street and half of Via Marcia, which were paved roads with large craters in the City of Fruitland Park.  He asked if he could bring this back to address it, clarifying that it would not be bringing it into County maintenance, but only making it usable.

Commr. Smith mentioned that he had visited the Town of Astatula for a situation just like this, and that the County had a process where residents could have the road paved with a vote and a special assessment.  He noted that there were issues in the City of Fruitland Park and the Town of Astatula with an unmaintained road, and said that he was amicable with fixing the potholes; however, he was not agreeable with paving the whole road because there were roads all over the county that were just like this.

Commr. Blake commented that he would be amicable with filling the potholes in the City of Fruitland Park, opining that it would solve their issue.

Commr. Campione mentioned that this could possibly be done as long as filling the pothole would address the issue from a public works standpoint.  She indicated that she understood the concern, which was why she thought that they could potentially address this on an ad hoc basis; additionally, she opined that in many cases they could distinguish when there was a special assessment-type scenario where residents wanted the convenience of a paved road, rather than when vehicles or private property were possibly being damaged because they could not drive over a situation.

Commr. Shields said that they could potentially set up an amount of funding each year, and that Public Safety and the Public Works Department could evaluate the ones that they thought were the most important countywide.  He added that residents could do something on their own, but that the County would be addressing public safety on paved roads which were private and not being maintained anymore.

Commr. Smith reiterated that he was amicable with filling the potholes but not paving the whole road, noting that the plat for the subject road indicated that the County would not repair the road; however, if it was a public safety issue and the County could fill the potholes and ensure that the public safety vehicles were safe to get where they needed to go, then he was fine with filling the potholes.

Commr. Campione thought that they possibly had to do some paving so that they did not have another issue, and she said that she would like to defer to the Public Works Department on what was the most cost efficient way that would prevent having to spend more funding going forward.

Commr. Shields opined that the Board could get a process in place, and he agreed with Commissioner Campione that if they just filled a pothole and then another one appeared nearby, then they would have wasted resources. 

Commr. Smith said that he liked the idea of having the Public Works Department assess it and see what the best option was.

Commr. Campione indicated that she trusted the Public Works Department to come back with what they believed was the most effective and cost effective solution.

Ms. Melanie Marsh, County Attorney, explained that generally, because these were private roads not dedicated to or maintained by the public, the County generally could not use public funds to maintain them; however, they could do so if they determined that there was a public safety emergency.  She added that for these particular roads, the County would need to receive either a public dedication or a right of entry from the individuals who owned under that plat in order do this work.  She said that if the Board authorized staff to move forward, then this would start the process because staff could not do the work if did not have this permission.

Commr. Campione stated that she was willing to contribute her time as far as working with residents and staff to try to acquire the needed permission.

Commr. Shields noted that this could be a pilot, and that the County could work through the process on this item without opening the floodgates.

Commr. Campione relayed that she also was in favor of addressing Marjorie Street.

Commr. Smith reiterated that he was for public safety, but that he was not in favor of paving the entire roads for the reasons that he explained.

On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 3-1, the Board approved this item with the caveat that staff would ascertain the best course of action as far as making the road safe for public safety purposes.

Commr. Smith voted no.

joint public meeting with the city of eustis

Commr. Campione said that this item was a request to adopt a resolution to have a joint meeting with the City of Eustis; furthermore, she related her understanding that they had to do this by law to have a joint meeting.  She explained that for a number of years the County had been going back and forth with the City on the issue of development proposals in the Thrill Hill area, and that they had a proposal to move forward with an interlocal service boundary agreement (ISBA) concept to allow an annexation, which would not be contiguous, with the understanding that the entire area would be reviewed and they would possibly do a small area study; additionally, this would also include addressing some of the challenging discussions and topics that the County had in the past with the City regarding development east of the current city limits.  She commented that this item was a request to meet with the City and have the developer, Hanover Family Builders, make a presentation of what they were requesting; therefore, they could discuss what parameters could potentially be acceptable to both parties. She related that it been in a holding pattern, and she felt that they had to get this in the public realm and decide if there was a path forward that all parties would be happy with.

Commr. Shields asked if the City of Eustis was amicable with this.

Commr. Campione replied that she had spoken to the Mayor of Eustis, and she thought that the idea was that if the County made a request for a joint meeting, then the City of Eustis would entertain the same request.  She added that she had numerous conversations and that Eustis City Commissioners had reached out to her.  She thought that everyone felt that they had to sit down and address this, and that if they could not reach a resolution, then this would be how they would have closure.

Commr. Smith opined that it was a great idea, and said that he liked it when the County and the Cities worked together to come up with solutions and resolve issues.  He added that he had also spoken to the Mayor of Eustis about this.

On a motion by Commr. Shields, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved Resolution 2024-49 authorizing a joint public meeting with the City of Eustis.

other business

appointments to the homeless mitigation advisory council

On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the following new appointments to the Homeless Mitigation Advisory Council: Captain Christie Mysinger as a designee representing a law enforcement agency in Lake County, with a term expiring September 30, 2026; Ms. Wendi Hileman as a designee representing an individual with experience assisting victims of human trafficking, with a term expiring September 30, 2025; Ms. Margarete Denk  as a designee representing the Lake County Health Department or Health Counselor, with a term expiring September 30, 2025; Ms. Kristin McCall as a designee representing Lake County Schools, with a term expiring September 30, 2026; and Ms. Lillian Lopez as a designee representing an At-Large individual with experience in providing assistance to the homeless population, with a term expiring September 30, 2025.  The Board also approved to extend the appointment of Mr. Stephen Shylkofski, as a designee with experience in assisting victims of domestic violence, to September 30, 2025, and to ratify the following appointments: Mr. B.E. Thompson as an employee representing LifeStream Behavioral Center, with a term expiring September 30, 2026; Ms. Barbara Wheeler as a member representing the continuum of care with jurisdiction in Lake County, with a term expiring September 30, 2026; and Ms. Jessica Davis as an At-Large individual with experience providing assistance to the homeless population, with a term expiring September 30, 2026.

appointments to the lake-sumter mpo community advisory committee

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the appointment of the following members to the Lake-Sumter Metropolitan Planning Organization (MPO) Community Advisory Committee: Mr. Tim Barrett (currently resides in District 4); and Mr. Martin Proctor (currently resides in District 1).

appointment to the tourist development council

Commr. Smith indicated that Mr. Ryan Ritchie, Director for the Office of Visit Lake, had spoken to Councilmember Michele Pines, with the Clermont City Council, and was confident that she would do a fine job for the Tourist Development Council (TDC) and the County.

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 4-0, the Board approved the following items: to appoint Councilmember Michele Pines to the TDC as an Elected Municipal Officer to complete an unexpired term ending December 1, 2026, and approval of the applicable waiver; and to adopt associated Resolution 2024-48 required by Section 13-48, Lake County Code, confirming appointment of the TDC member and term.

reports

county attorney

update on pace litigation

Ms. Marsh provided an update on the Property Assessed Clean Energy (PACE) litigation.  She recalled that in September 2023 the Board authorized staff to join Leon County in filing a motion for relief from final judgment to challenge the collateral findings of the judge in a bond validation proceeding, whereby the judge had issued an order that gave PACE authority to run the programs throughout the State.  She elaborated that Lake County entered into this with Leon County, as did a multitude of other jurisdictions including Counties and Tax Collectors, and that there was a recent hearing in which the judge found in favor of PACE again.  She said that currently Leon County was requesting the various parties to notify them if they were willing to appeal it, and that the appeal would be to the Florida Supreme Court.  She recommended approval to do this, recalling that the Board had also authorized Commissioner Smith to be able to make those decisions; therefore, she did not need a vote.  She noted that she had spoken with Commissioner Smith and that he was agreeable to the County participating in the appeal.

commissioners reports

commissioner shields – vice chairman and district 1

lake 100 event

Commr. Shields mentioned that he attended a Lake 100 event where several city managers discussed opportunities and issues that they were dealing with.

value adjustment board meeting

Commr. Shields relayed that he and Commissioner Blake had a Value Adjustment Board (VAB) meeting.

four corners meeting

Commr. Shields commented that he had another meeting in Four Corners on the previous day, noting that everyone was waiting for the Sawgrass Bay Boulevard connection to Flemings Road.  He added that they would have another meeting with Orange County in the following month to have this finalized.

Commr. Smith mentioned that he had some conversations with the Orange County Commissioner there, and that she was also in support of this.

commissioner parks – district 2

liberty tree proclamation

Commr. Parks thanked the Board for approving the Liberty Tree proclamation, opining that it was an important event as they honored the founding of their nation.  He added that there would be Pride in America Month in July 2024, and he relayed his understanding that the Liberty Tree would be at Umatilla High School on April 26, 2024, and at East Ridge High School on April 29, 2024.  He thanked the Lake County School Board for being supportive of this, and he pointed out that the trees were donated by Cherry Lake Tree Farm, which was a Lake County company.  He mentioned that he looked forward to having a Liberty Tree at each school in Lake County.

groundbreaking ceremony for state road 516

Commr. Parks reminded everyone that on April 4, 2024 at 10:00 a.m., there would be a groundbreaking ceremony for State Road (SR) 516, noting that it would go through Wellness Way and should relieve future traffic issues in that part of South Lake.

proclamation for ms. edith freiwirth

Commr. Parks asked if there was interest in doing a proclamation for Ms. Edith Freiwirth.

commissioner campione – district 4

proclamation for ms. edith freiwirth

Commr. Campione said that regarding Commissioner Parks’ idea, the County could possibly meet with Mr. Ray Powers, with the Lake County Historical Society, Ms. Freiwirth and the rabbi to get a short biography, noting that this could be the basis upon which to prepare the proclamation with Ms. Freiwirth’s help; furthermore, they could circulate it for everyone’s review.

community meeting at country club of mount dora

Commr. Campione commented that on the previous night she visited the Country Club of Mount Dora for a community meeting.  She added that Lake County Sheriff Peyton Grinnell was also in attendance, and that her part of the discussion was largely fielding questions about growth management.  She mentioned that everyone was dealing with a large amount of traffic and congestion on roads, mentioning the rate of new residents in Lake County and how Lake County seemed to be one of the favorite counties in the State of Florida that people wanted to live in.  She thought that they were all dealing with the same issues as they fielded questions from residents about how they kept up with the road issues, how they funded roads and how the impact fee structure worked.  She related that they had discussed schools, school impact fees and coordination between the Cities and the County, and she said that it might be helpful to have a tool on the County’s website that allowed people to see what was occurring for new road projects or improvements; additionally, there could possibly be an explanation of how this worked, how the County worked with the Cities, how impact fees worked and where the funding came from.

commissioner smith – chairman and district 3

visit to city of orlando

Commr. Smith related that he had visited the City of Orlando with Mr. Ritchie for a special announcement.  He elaborated that the Sports Business Journal had announced that the Orlando Metropolitan Area was the number one area in the country for sports economic development, noting that this included Seminole, Orange, Osceola and Lake Counties.  He opined that they had many great venues in Lake County, and that it was a great honor.  He thanked Mr. Ritchie and Ms. Cari Christian, Assistant County Manager, for their work to enhance economic development in Lake County.

meeting with lake county water authority

Commr. Smith said that he met with the Lake County Water Authority (LCWA) on several issues concerning their waterways.

visit to legends way ballfields

Commr. Smith stated that he visited Legends Way Ballfields in the City of Clermont on the previous day for the Division III softball championship.

meeting with citizens

Commr. Smith remarked that he met with some citizens about homelessness and elder concerns, noting that he had informed them about the Seniors Blue Book.

meeting with representative keith truenow

Commr. Smith commented that he also met with Representative Keith Truenow on several local issues.

national spinach day

Commr. Smith said that it was National Spinach Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:27 a.m.

 

 

 

 

 

 

_________________________________

kirby smith, chairman

 

 

ATTEST:

 

 

________________________________

GARY J COONEY, CLERK