A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
April 9, 2024
The Lake County Board of County Commissioners met in regular session on Tuesday, April 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; 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; Mary Burns, Accounting Director; and Stephanie Cash, Deputy Clerk.
INVOCATION and pledge
Commr. Smith welcomed everyone to the Board of County Commissioners (BCC) meeting, and noted that it was being streamed on the County website; furthermore, they were also broadcasting the meeting via Zoom.
Pastor Bobby Rowe, with the Fellowship of Christian Athletes (FCA) in North Lake County, 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, stated that Tab 14 was added as an addendum to the agenda since it was first published, and that it was added to the consent agenda; additionally, Mr. Kurt Schuh, a resident of Lake County, would like to give a brief presentation during the public comment period.
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
Felix Ortiz,
Maintenance Technician III
OFM – Energy
Management
Matthew
Rinaldo, EMT
Office of
Fire Rescue
Troy Borowsky, Firefighter/EMT
Office of
Fire Rescue
Jimmie
Hobby, Licensing Investigator
Office of
Building Services
TEN YEARS
Rolando
Torres, Fire Lieutenant/EMT
Office of
Fire Rescue
Antonio Johansmeyer, Firefighter/Paramedic
Office of
Fire Rescue
TWENTY
YEARS
Erikk Ross,
Information Technology Department Director
IT –
Business Office
Janes
Willis, Equipment Operator III
PWOPS –
Maintenance Area III
TWENTY-FIVE
YEARS
James Fletcher, Fire Lieutenant/EMT
Office of Fire Rescue
Michael Kopilash, Fire Lieutenant/Paramedic
Office of Fire Rescue
Kirk Biccum, Fire Lieutenant/EMT
Office of Fire Rescue
RETIREMENT
Robert Ford, Fire Lieutenant/Paramedic
Office of Fire Rescue
Sharon Hogan, Floodplain Coordinator
Office of Public Works
Randy Dean, Area Maintenance Supervisor
Office of Public Works
Scott Schock, Paramedic
Office of Fire Rescue
Douglas Bert, Delivery service Driver
Office of Fire Rescue
QUARTERLY AWARDS
EMPLOYEE OF THE QUARTER
Maximus Ruiz, Firefighter/EMT
Office of Fire Rescue
Ms. Nelson commented that Mr. Ruiz had just completed his first year as a firefighter/emergency medical technician (EMT) with Lake County Fire Rescue, and that he was also enrolled in a paramedic program. She relayed that his coworkers had nominated him because he had shown a positive attitude, a caring approach, patience, initiative to go beyond what was required, and a strong work ethic. She stated that Lake County was proud to recognize Mr. Ruiz for this award, and noted that he was taking a paramedic test on the current day.
SUPERVISORS OF THE QUARTER
Jimmy Wise, Solid Waste Coordinator
Office of Solid Waste
Johnny Taylor, Solid Waste Coordinator
Office of Solid Waste
Ms. Nelson remarked that Mr. Wise and Mr. Taylor exemplified the County’s values daily, and that they were dedicated to ensuring that the Office of Solid Waste operated optimally for residents and partners. She mentioned that they had worked together to cover the hours of a coworker who had passed away, while ensuring compliance with Florida Department of Environmental Protection (FDEP) regulation. She stated that Mr. Taylor was best known for his encouraging messages in morning briefings, relaying to staff the importance of customer service, communication, and safety. She commented that Mr. Wise was known for his focus on paying attention to detail, and that as a team both Mr. Wise and Mr. Taylor provided excellent service to their employees and the community.
T.E.A.M. OF THE QUARTER
Office of Visit Lake
Amanda Martin, Tourism Marketing Manager
Andrew Grant, Sports Tourism Manager
Briana Ochoa, Financial Coordinator
Ms. Nelson related that this team was being recognized for their teamwork, leadership, and willingness to tackle any challenge they encountered, and that through their efforts, the Office of Visit Lake had ensured successful planning, including finalizing items well before deadlines and executing events and projects, such as the acquisition of key sporting events for the County. She said that the County wanted to recognize and thank them for their hard work and dedication.
LEGISLATIVE UPDATE
Mr. Chris Carmody, with GrayRobinson PA, reported on the 2023 legislative session, and said that the local delegation included Senator Dennis Baxley, Representative Keith Truenow, Representative Taylor Yarkosky, and Representative Stan McClain. He stated that a balanced budget was passed every year, and that there were 1,900 bills filed and 325 passed; additionally, Governor Ron DeSantis had currently approved 66 to 70 bills and had vetoed two. He related that the budget totaled $117.46 billion, which was higher than the previous year; however, expenses from the previous year had also increased. He mentioned that general revenue was $49.4 billion with $10 billion in reserves, noting that the breakdown included the following: 41 percent went to health and human services, such as Medicaid; 26 percent went to education, including K-12 schools and higher education, which had increased in the current year; 18 percent went towards transportation, tourism, and economic development, including $13 billion for the road plan; nine percent was for agriculture, the environment, and general government, which had increased from the previous year, and included water quality and preserving natural Florida; and six percent was for criminal and civil justice. He mentioned that some of the highlights in health and human services included the Live Healthy Initiative, which received about $717 million, along with increases in residency slots and cancer funding. He remarked that in the criminal and civil justice category, $100 million was for correctional facilities, and that for education there were increases for higher education every year. He noted that in transportation, tourism, and economic development, the fully funded programs included the following: the Florida Hometown Hero Program at $100 million, which was increased and expanded; the Law Enforcement Recruitment Bonus Program at $17 million; the Florida Job Growth Grant Funding at $75 million, which went towards infrastructure and workforce development across the state at Governor DeSantis’ discretion; the State Housing Initiatives Partnership (SHIP) Program at $174 million; the State Apartment Incentive Loan (SAIL) program at $84 million; Visit Florida at $80 million; and the Florida Department of Transportation (FDOT) Transportation Work Program at about $14 billion. He commented that in agriculture, environment, and general government, some of the highlights included the following: the Rural and Family Lands Protection Program at $100 million; the Wastewater Grant Program at $135 million; water projects for about $410 million; and environmental resource management, which received 96 percent of the revenue from the state on the gaming compact. He stated that the local projects that were funded included $1 million for the Lake County Public Safety Radio Tower for Wellness Way and $400,000 for the Lake County Neighborhood Lakes Scenic Trail and trailhead improvements. He mentioned there were $10 billion in reserves, and that about $5 billion of that was unallocated funds, opining that with that much in reserves, the State of Florida was prepared for a pandemic and at least two hurricanes. He related that the tax package included the following: a reduction in business rent tax; sales tax holidays; and toll road relief. He noted that the first bill for youth and social media, House Bill (HB) 1, was vetoed because of parental rights and age verification issues, and that the second one, HB 3 was passed, which was originally aimed at adult websites, ensuring that youth under the age of 18 were not able to access them. He pointed out that the Live Healthy package included increased funding for the Slots for Doctors Program by $50 million with 500 new residency slots and expanded access to free and charitable clinics by increasing the eligibility to access care. He relayed that there was a series of bills called the Learn Local package, which increased access to vouchers for private and charter schools, making them more competitive, and that the public schools were deregulated focusing on administrations, funding, and curriculum, including cutting back on testing and improving financing. He stated that the Florida Hometown Hero Program was increased, and that it clarified height issues as well as a few areas where the Live Local Act did not apply. He related that some of the items that did not pass were property tax exemption increases, term limits for County Commissioners, and Tourist Development Tax (TDT) revisions, opining that these items would come back in the future. He remarked that some of the ballot initiatives for the election year focused on abortion rights, recreational marijuana, and property tax issues, noting that they would need at least 60 percent of the vote to pass. He commented that HB 103 passed but had not yet been signed by Governor DeSantis, noting that it would make City and County Attorney records exempt from public records laws.
Commr. Parks questioned what the parameters of the spending would be for the Seminole gaming compact for environmental lands.
Mr. Carmody answered that it was expected to be around $500 million and would include the following: $100 million for the Florida Wildlife Corridor; the Resilient Florida Grant Program; water quality; land acquisition; and land management.
Commr. Parks inquired if maintenance would be included.
Mr. Carmody replied that there would be significant opportunities for grants administered through FDEP.
Commr. Parks asked if those grants would require matching.
Mr. Carmody said that it would depend on the program, noting that resiliency projects would require a match, as well as most water quality grants.
Commr. Campione opined that since there was much terminology, such as Live Healthy and Live Local, Lake County should promote a Drive Local initiative to obtain funding for local roads and resurfacing. She also opined that many of the coming laws were to promote moving to the State of Florida, and that Lake County was feeling the impacts. She relayed her understanding that there was the potential of a referendum or a law change on the homestead exemption, and that this could place more pressure on local property taxes. She mentioned that Lake County was trying to keep property taxes low; however, there were road resurfacing needs, opining that there were many other Counties that had the same issues. She proposed that there could be some other type of fund, and opined that some people thought that funding would come from the five cent gas tax; however, this tax did not generate enough funds to meet local resurfacing needs.
Mr. Carmody stated that the legislature was keenly aware the of dwindling gas taxes because of hybrid and electric car use, and noted that an electric vehicle charging station regulation was part of the Florida Department of Agriculture and Consumer Services (FDACS) package to be preempted to the State to better standardize the rules; additionally, it would address how to fund the roads going forward. He mentioned that in the Moving Florida Forward initiative, much funding had been allocated to the major arteries, such as the Interstate 4 (I-4) expansion and the expressway lanes, and that currently the focus was on local roads, opining that repaving should also be considered, such as State Road (SR) 50 in the City of Groveland and those roads that served into the arteries. He commented that he went to the City of Tallahassee much during the off years in the summer, and that he could bring up these issues and see if he could generate interest.
Commr. Campione remarked that Lake County could not use impact fees to resurface roads, and that the Lake-Sumter Metropolitan Planning Organization (MPO) projects would be used for larger improvements. She opined that if Lake County was able to receive assistance on resurfacing, which was an ongoing issue, then funds could be better allocated for projects addressing congestion, which caused many issues in Lake County. She inquired about the term limits being mandated at the State level for County Commissioners, and asked if there was ever any discussion about Constitutional Officers. She opined that it seemed odd to not consider them together because they were all local officials with policy making oversight.
Commr. Parks opined that this was because of the Florida Sheriffs Association.
Mr. Carmody opined that Governor DeSantis and the legislators would not sign anything that told the Sheriffs that they could not serve longer than eight or 12 years; however, there were some conversations regarding Constitutional Officers, but that the discussion ultimately focused on County Commissioners. He relayed his understanding that legislators were in favor of law enforcement in general, especially Sheriffs, and that even though there were union bills passed in prior years to make it more difficult for groups to unionize by raising the threshold to 60 percent, certain groups were exempted from that participation rate, including law enforcement. He related that the legislature had set term limits for school boards, which went from 12 to eight years, and opined that even though there was not the same sentiment with County Commissioners, the legislature thought that there should still be term limits. He opined that if term limits were set for County Commissioners, then it would only be a matter time before term limits for Constitutional Officers would also be discussed. He mentioned that in this session, the legislature was trying to raise the pay for Constitutional Officers, which was set by Florida Statute.
Commr. Campione opined that Sheriffs should be separate from other Constitutional Officers, who may be protected from term limits because of the approach towards Sheriffs. She then asked if Mr. Carmody was familiar enough with the abortion language on the ballot initiative to elaborate on it.
Mr. Carmody commented that he had read it, and that it would push the restriction back to 24 weeks or viability. He noted that there had been some dissent because some claimed that the language was not clear; however, he said that it seemed clear to him, and opined that there was nothing indicating that it was trying to sneak anything through.
Commr. Campione questioned what parameters were on the recreational marijuana ballot initiative, opining that it could be wide open.
Mr. Carmody answered that it was wide open, and opined that this was an issue that crossed party lines because there were some Republicans and Democrats who were in favor of recreational marijuana and who thought that there should be not caps; however, there were also legislators who did want a cap on it. He related that some legislation done in the current year that did not pass was to place a cap on tetrahydrocannabinol (THC), such as no more than 60 percent THC content on marijuana, noting that if both ballot initiatives passed, they still had to be implemented by the State. He stated that regarding the abortion bill, the State could redefine what viability was to move the time restriction back a couple of weeks; however, there were many healthcare costs involved in that. He recalled that there was some implementation with the medical marijuana about five years ago for allowing marijuana smoking, and opined that there would be legislation filed to implement this ballot initiative, such as caps on THC and other ways to make it less euphoric, which would be difficult to pass if there was overwhelming voter support for it. He opined that there would be bills put in place and a regulatory body to oversee it, which would determine the following: if there was a single tier for businesses or multiple tiers; how to receive access; and establishing age restrictions.
Commr. Campione opined that it could be heavily regulated, and that it would not open the door for people to grow it in their backyard.
Mr. Carmody remarked that he would have to check the language, as he had not paid much attention to it, but he relayed his understanding that it would not allow people to self-grow.
Commr. Smith opined that there were many opportunities for Lake County to acquire some grants, especially for roadways and waterways, and opined that Mr. Carmody and those from GrayRobinson worked hard. He said that he had been to the City of Tallahassee three times in the current year, and that Mr. Carmody had been there every time. He mentioned that Mr. Carmody had set up meetings with the help of Ms. Angie Langley, and he expressed appreciation for all the work done for Lake County.
Mr. Carmody opined that they had a great team, and said that he enjoyed working with the County. He expressed appreciation for Commissioner Smith and others from the County coming to the City of Tallahassee, noting that if they were notified in advance, they could make it more productive. He opined that there was much going on in the county, and that the presence of the BCC in the City of Tallahassee gave them more power to accomplish the County’s goals.
ANNUAL CoMpPREHENSIVE FINANCIAL REPORT
Mr. Gary Cooney, Clerk of the Circuit Court and Comptroller, stated that Mr. Bill Blend, with Moore Stephens Lovelace (MSL), would be presenting the financial statements for the fiscal year (FY) 2023 to the Board for approval, and noted that Lake County had been awarded the Government Finance Officers Association (GFOA) Certificate of Achievement for 42 consecutive years for the Annual Comprehensive Financial Report (ACFR). He related that the Clerk’s Office had also received the GFOA Distinguished Budget Award for 32 years, and that the BCC had received this award for the past 17 years. He mentioned that the Popular Annual Financial Report (PAFR) was also prepared, and that the Board had been presented with a copy, noting that it was a condensed version of the ACFR for use by the citizens of Lake County. He relayed that they had received the GFOA Award for Outstanding Achievement for the PAFR since 2010 when that award program began; additionally, the ACFR and PAFR reports would be available on the Clerk’s Office website after the BCC meeting on the current day. He said that he wanted to recognize Clerk’s Office staff that assisted with the reporting project, including the following: Ms. Kristy Mullane, Chief Financial Officer; Ms. Mary Burns, Accounting Director; Mr. Kevin McDonald, Budget Director; Ms. Merrilyn DiVenanzo; Ms. Cyndi Richardson; Ms. Tracy Zeller; Ms. Nila Baker; Ms. Yadira Perez; Ms. Lisa Yanco; Ms. Terry Freeman, Inspector General; and Ms. Leigh Slater. He also recognized Ms. Kelly LaFollette, Information Outreach Manager, for her work in the production of the ACFR and for the compilation of the PAFR and the Budget Report, and noted that the cover photo was contributed by Ms. Donna Bowers, a former Clerk’s Office staff member who recently retired. He expressed appreciation for County staff member, Ms. Diana Magrum, for her assistance with printing and binding the reports, and he congratulated Ms. Barker and Ms. Allison Teslia, Director for the Office of Management and Budget. He opined that this could not be done without the cooperation of the Constitutional Officers as it was a combined report, and he expressed appreciation for their cooperation.
Mr. Blend commented that this presentation was to fulfill their responsibility as the BCC’s external auditors, and that they performed their services in accordance with the audit standards applicable to governments in the State of Florida. He stated that he did not have anything significant about the audit to report other than good news, and said that no adjustments had to be made. He related that they evaluated the grants at both the federal and state levels, and that they had no issues in regards to compliance with those programs. He mentioned that they evaluated internal controls, and that they had no findings in that regard. He relayed that the management letter was required by the Auditor General in the State of Florida, and that there were no findings or additional matters to report. He noted that the independent accountant’s report covered some Florida Statute compliance issues, and that the County had complied with those statutes. He commented that Lake County was in a good financial position, as evidenced by the County’s current ratios, and that the County had the ability to pay payables as they came due with the resources available. He pointed out that the unrestricted negative was related to the pension and liabilities under the Florida Retirement System (FRS); however, the net change was positive. He explained that the main operating fund of the County was the General Fund funded via ad valorem taxes and other revenue sources, and that the unassigned fund balance to the expenditure was 27.8 percent, which was well in line with the GFOA criteria of about 25 percent or three months’ worth of expenditures; additionally, there was a positive net change in fund balance. He said that according to the budget, revenues came in above the budgeted amount, and that expenditures were under what was budgeted because there were some planned-for projects that did not occur, which would have resulted in a budgeted loss. He stated that regarding business type activities, the main operating loss there that was significant was in the landfill, and that this was attributable to the assessment for closure costs that was redone in the current year.
Commr. Smith expressed appreciation for the presentation and the team responsible for it, and opined that whenever he had dealt with the Clerk’s Office, they were always professional and willing to help.
Commr. Parks indicated appreciation for the Clerk and the constituents, and opined that this was good because the County’s net position continued to improve.
Mr. Cooney commented that regarding staff, he had an employment applicant who asked him what he was looking for, and he said that he looked for someone who would fit into the Clerk family, noting that the County was also considered part of the family. He opined that his staff did a great job.
Commr. Campione expressed appreciation for the staff’s professionalism and attention to detail, opining that the County was fortunate to have this support team.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to accept the County’s Annual Comprehensive Financial Report for the Fiscal Year (FY) ended September 30, 2023.
Minutes approval
On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of February 13, 2024 (Regular Meeting) as presented.
citizen question and comment period
Mr. Rick Carlins, a resident of Lake County, requested that a discontinuance of taxpayer funds for the Florida Supervisors of Election (FSE) be placed on the agenda for a future Board of County Commissioners (BCC) meeting because the FSE was a non-governmental organization not subject to Florida Sunshine Law. He related that personnel from the Lake County Supervisor of Elections attended the FSE meetings and events in their official capacities, and that about $17,000 was provided in the Lake County budget to the Supervisor of Elections in the previous year for the FSE attendance. He opined that voting and voting machine integrity was a large concern among citizens of the United States (U.S.), and that planning and consultation with corporate equipment and software providers was conducted in FSE meetings. He also opined that concerned citizens wanted transparency from elected officials, especially if funded by taxpayer funds. He relayed that the FSE had hired lobbyists who lobbied in the most recent legislative session for HB 721, opining that it was detrimental to First Amendment rights. He explained that according to HB 721, harassment of election workers would result in criminal penalties. He requested that the $17,000 be withdrawn from the Lake County budget request until such time as they complied, noting that the Lake County Republican Executive Committee (REC) passed a resolution to support this request as well as the Florida Republican Assembly (FRA).
Mr. Mike Trainor, a resident of Lake County, commented that he was a poll worker and a member of the REC. He opined that the First Vice Chairman of the REC was currently involved in a contentious election with the current Supervisor of Elections, and that this was an attempt to involve this nonpartisan Board in the election and to discredit and weaken the current Supervisor of Elections. He opined that the current Supervisor of Elections was doing a good job.
Mr. Banks Helfrich, a former Lake County Soil and Water Conservation District Chairperson and current candidate for State House of Representatives District 25, spoke on community resilience. He remarked that he had spoken at the Lake County Eco Expo on community resilience, opining that it was closely related to sustainability, which was the ability of a community to withstand difficult times. He said that as a farmer, he opened his farm to a tour once a month, and he invited everyone to come on the second Sunday of every month at 9:00 a.m.
Mr. Kurt Schuh, a resident of Lake County, stated that he was a veteran, and that for the love of country, he wanted to talk about public safety. He related that on November 3, 2023, a car driving on Hammock Ridge Road went through the Homeowner’s Association (HOA) fence and his privacy fence into his yard. He expressed concerns about the accidents on Hammock Ridge Road, opining that there were serious speeding issues in this area. He expressed appreciation to the Lake County Office of Fire Rescue for saving his daughter’s life on January 27, 2020, and noted that she had been in the backyard shortly before the accident. He indicated appreciation for Commissioner Parks for his help with this issue, noting that after speaking with him seven years ago, a sign had been placed at a school bus stop. He requested that the County install some safety features, such as a traffic circle or guard rails.
Commr. Smith remarked that Mr. Schuh could speak with Mr. Fred Schneider, Assistant County Manager, to determine a plausible solution to the issues.
Mr. Schuh suggested that a traffic circle could be installed because it would slow people down.
Commr. Parks expressed appreciation to Mr. Schuh for bringing this forward, and commented that he could also meet with him and Mr. Schneider to try to determine some more improvements. He stated that there was some signage there, and opined that there could be more. He mentioned that he lived near that area, opining that it was a dangerous road with possibly three fatalities. He also opined that a guard rail could be considered along with some traffic calming.
Mr. Schuh opined that for people who lived on Lakeshore Drive and down towards County Road (CR) 561 and SR 33, this road was a main artery, and that thousands of cars traveled it daily.
Commr. Shields questioned if there was a traffic circle.
Commr. Parks commented that there was a roundabout proposed for Lakeshore Drive, and that it was in the plan, opining that it would help. He opined that people were going about 60 miles per hour coming off the bridge, and that a roundabout would cause them to slow down. He also opined that there were other measures that could be looked at.
pROCLAMATION 2024-22: PUBLIC SAFETY TELECOMMUNICATORS WEEK
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Proclamation 2024-22 designating April 14-20, 2024, as National Public Safety Telecommunicators Week.
Commr. Smith read and presented Proclamation 2024-22 to Chief David Kilbury, Public Safety Director, and opined that there was not a more difficult job in public safety than being a 911 dispatcher. He mentioned that they hardly ever saw the end results of those calls as they went from one call to the next, and he expressed appreciation for their dedication.
Chief Kilbury noted that County employees had been recognized earlier in the meeting, and opined that government was provided through the employees. He expressed appreciation for those recognitions, and said that the Lake County Fire Rescue Communications Center handled 121,000 calls which came into the center in 2023. He related that it was an accredited agency in both fire and medical calls, and that this was best practices throughout the U.S. He mentioned that the 911 Communications Center was a peer agency, and that others came to their location to learn their processes and how they performed their 911 call delivery, noting that they provided this service for several municipalities as well as Lake County. He opined that that they were currently on record to have their busiest year ever in the 911 Communications Center, and that the inbound 911 calls and tactical dispatchers that handled emergencies for field operations did a tremendous job and brought calm out of chaos, being the public’s first point of contact. He commented that as Mr. Schuh was relating his emergency experience, one of the dispatchers present mentioned that she had taken that 911 call, and that there were employees not present who were currently manning and staffing those phones. He read a personal note from a resident that he had received recently, which thanked staff for staying calm and levelheaded in a dire situation and for helping his family.
Commr. Parks opined that this staff was able to save lives, dispatch, and do many things at once, and that it was amazing.
Commr. Smith opined that this was an amazing group of people and an amazing profession.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Item 1, as follows:
List of Warrants
Notice is hereby provided of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Blake requested to pull Tab 14 for a separate vote.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 11, as follows:
COUNTY ATTORNEY
Recommend approval to advertise an Ordinance amending Section 2-57, Lake County Code, entitled Conditions of Employment, regarding the position of the county attorney. There is no fiscal impact.
ADMINISTRATIVE SERVICES
Procurement Services
Recommend approval:
1. Of revisions to County
Policy LCC-18 County Manager Expenditure Authority. The update clarifies
contract modification limits and contract irregularities policy; and
2. Of revisions to County Policy LCC-39 Purchasing Policy and Contract Administration. The update addresses cybersecurity compliance as per Section 119.0725, Florida Statutes.
ECONOMIC GROWTH
Visit Lake
Recommend approval to advertise an Ordinance repealing and replacing Division 4, Article IV, Chapter 2, Lake County Code, entitled Lake County Arts and Cultural Alliance, and creating Section 13-2, Lake County Code, to be entitled Florida Arts License Plate Fees. There is no fiscal impact.
infrastructure and transportation services
Facilities Management
Recommend approval:
1. To utilize Contract
23-402 with Hill York Service Company, LLC (Ft. Lauderdale, FL) to provide for
the repair or replacement of boilers; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $367,840 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 3.
Public Works
Recommend approval:
1. Of Contracts 24-705 with
Aero Groundtek, LLC (Ocoee, FL), Faithworks
Total Ground Maintenance, LLC (Mt. Dora, FL) and Apex Landscaping Inc. (Eustis,
FL) for as needed sidewalk, retention pond, and associated mowing areas as well
as guardrail trimming and trash removal; and
2. To authorize the Office
of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $163,120 (expenditure). Annual expenditures, including contractual and estimated as-needed services, are estimated to be $255,000 and will not exceed available funding in the Fiscal Year Budget.
Recommend approval:
1. To utilize Contract 21-0940B with Stanley Consultants, Inc. aka Traffic Engineering Data Solutions, Inc. (Debary, FL) to provide a traffic signal and roadway design at the Old Highway 50 and Mohawk Road intersection; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $109,289.48 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 2.
Recommend approval:
1. To utilize Contract 21-0940A with Metric Engineering, Inc. to provide a traffic signal and roadway design at the County Road 448A and Duda Road intersection; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $93,106.30 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Commission District 3.
Transit Services
Recommend approval:
1. To accept the Federal
Transit Administration Section 5307 CRRSAA Operating and Security Training
Grant for Fiscal Year 2023-2024; and
2. To adopt Unanticipated
Revenue Resolution 2024-50 adding $169,060 to the Federal Transit
Administration 5307 CRRSAA Grant for Fiscal Year 2023-2024.
The fiscal impact is $169,060 (revenue/expenditure - 100 percent grant funded).
Tab 14: Supervisor of Elections Facility
Commr. Blake mentioned that this was an expense that he had wanted to be paid from a different fund.
Commr. Campione relayed her understanding that Commissioner Blake was opposed to how it was paid for, and that he was not opposed to going forward with the project.
Commr. Blake clarified that he had wanted to use Infrastructure Sales Tax for this project.
On a motion by Commr. Campione, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved an agreement with Forefront Architecture & Engineering, LLC (Clermont, FL) for Architectural Services and Charles Perry Partners, Inc. (Gainesville, FL) for Construction Manager At Risk Services for the design and construction of the new Supervisor of Elections Facility.
Commr. Blake voted no.
Pinecastle range compatible use zones presentation
Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, related that there were some representatives from the U.S. Navy in attendance who would be providing a compatible use zone program presentation regarding range operations at the Pinecastle Range Complex and compatibility between the existing and proposed land uses and airspace near air to ground ranges, noting that the program’s goal was to protect the health, safety and welfare of those living near the training ranges while preserving military operational capabilities. He introduced Commander Mary Robinson, Commanding Officer for the Fleet Area Control and Surveillance Facilities (FACSFAC), Jacksonville, and Mr. Mark McManus, Community Planning Liaison Officer for the Naval Air Station (NAS) Jacksonville.
Mr. McManus remarked that he was a member of the Lake County Planning and Zoning Board pursuant to Florida Statute 163 Section 3.175 as the nonvoting ex-officio military representative, and that he would present how Pinecastle operations impacted the county. He mentioned that Mr. Don Heaton, Range Director of the Pinecastle Range Complex would explain what Pinecastle was, and then Commander Robinson would explain the importance of the range to national security.
Mr. Heaton displayed a map of Range Compatibility Zone 2, and noted that Pinecastle was a combination of three geographically separated training and bombing ranges, including the following: the Rodman Range, which was primarily a helicopter confined area landing zone that used inert practice bombs only; the Lake George Range, which was a two by seven mile area that had inert practice training and maritime missions; and the Pinecastle Range, which was the most important range. He explained that in 1941 during World War II, the U.S. Army Air Forces needed a place to train, and that they acquired about 40,587 acres of land to utilize, opining that this was critical during World War II. He stated that this was done with the U.S. Department of Agriculture (USDA) Forest Service who received the land after World War II ended, and that in 1951, the U.S. Navy saw the need to establish a training range. He remarked that they formed a partnership with the USDA Forest Service, and that they had used it continually since 1951, noting that in the previous year, they had entered into another 30 year term use agreement. He commented that they trained all branches of the military there for the U.S. Department of Defense, and that they fought jointly with each other and other allies. He relayed that all of their ranges were instrumented with electronics and camera surveillance as well as personnel in a tower watching to ensure safety during operations, and noted that they were able to provide pilots with a score of hit and miss distances after their completion of their missions. He stated that Pinecastle could handle high explosive bombs up to 2,000 pounds, and that it was the only range in the complex that could facilitate high explosive bombs.
Mr. McManus commented that all of this information came from the 2017 study, Range Air Installations Compatible Use Zones (RAICUZ), which was conducted on the framework of the National Environmental Protection Act, and that the purpose was to capture information from the operations at the range and to articulate the impact to the environment as well as the surrounding community. He displayed a chart showing the recommended compatible use guidelines, and noted that when the U.S. Navy made a recommendation on what Lake County should permit for development in the areas near the range based on the different airspaces, these were their recommendations. He explained that Range Compatibility Zone 1 (RCZ-I) was where ordinance was hitting the ground, and that the map also showed the fragmentation distance of ordinance that was exploding. He mentioned that at Lake George, the training was inert, and that there would just be a large splash, noting that at Rodman, there would just be the noise of a 25 pound inert bomb hitting the ground. He opined that many had heard and felt the explosions from the Pinecastle Range in Lake County. He stated that Range Compatibility Zone 2 (RCZ-II) crossed over into Lake County, and that it was defined as the airspace in which the pilot was on an attack run, had the master arm switch on, and had the weapon energized, noting that the only thing keeping the weapon from departing the aircraft was that the pilot had not hit the button. He explained that the pilot was waiting to enter the optimum target aptitude, altitude, and airspeed to hit the button and hopefully hit the bullseye. He related that the distances included were based on the 2017 study, and noted that almost 1,400 acres of low density residential was in this area. He commented that the Navy’s recommendation was that no one should live in RCZ-II; however, some of those homes had been there longer than the range had been, and that they were not looking to change anything. He relayed that Lake County should be aware that there was armed ordinance flying over these neighborhoods, and that the very northern end of Lake County was up against the Lake George RCZ-II, which was inert training. He remarked that Range Compatibility Zone 3 (RCZ-III) was the airspace where the aircraft were maneuvering, and that it was restricted airspace given by the Federal Aviation Administration (FAA) to FACSFAC Jacksonville to run the range. He stated that this was where aircraft were maneuvering and going fast, and that even though there was aircraft at low altitude, this was not as dangerous because nothing should be armed or falling off an aircraft. He pointed out that there was much acreage in RCZ-III that was not in RCZ-II, and that was all the airspace that was given to Pinecastle allowing aircraft to maneuver onto and off of the target area. He related that there could be opposing forces flying overhead, launching out of NAS Jacksonville as the adversary base, and that they flew to Pinecastle to intercept. He mentioned that noise was a concern, and that he was the one who responded to noise complaints for NAS Jacksonville and Pinecastle. He relayed that as a comparison, an office laser printer was probably about 50 decibels and a normal conversation was about 60 decibels, noting that in RCZ-I, this was the average of what someone would hear over a 24 hour period when the range was active. He commented that when an aircraft passed over, it would be louder than 50 decibels; however, when averaged over the day, it would be similar to having an office printer nearby. He stated that 55 decibels was the projected noise level based on the incorporation of the F-35 Joint Strike Fighter and the new Super Hornet. He said that Florida Air National Guard out of Jacksonville International Airport (JIA) was receiving the F-35s, and that the U.S. Navy was also incorporating them into the carrier air wing; therefore, they would be seen more often at the range. He remarked that he received the local Planning and Zoning agenda, and that he responded to it based on these guidelines. He noted that all of Putnam County was in RCZ-III, and that he would not tell them that they were only allowed two homes per acre for the entire county. He expressed concern about RCZ-II because there was aircraft with armed ordinance flying over just before being dropped by the pilot. He commented that he looked forward to continued work with the Planning and Zoning Department about incorporating the U.S. Navy’s language and ensuring that their recommendations were conveyed to Lake County so that leadership was aware of their concerns for citizens.
Commander Robinson related that they managed the U.S. Navy’s ranges and supported joint training in this area, noting that they managed about 60,000 square miles of airspace, which included the north of the State of Georgia to the City of Cape Canaveral. She mentioned that there was also an underwater range, the Jacksonville Shallow Water Range, where they had surface and subsurface warfare training, and that they also worked closely with the National Aeronautics and Space Administration (NASA) and the U.S. Space Force for the use of that airspace. She remarked that they used the Pinecastle Range for air-to-ground training, and that the Pinecastle Range was important for training because the job of the U.S. Navy was power projection from the sea. She explained that Pinecastle Range was the only place on the entire East Coast where pilots could fly from an aircraft carrier to the land to practice a mission that could happen, noting that it was happening currently, in real life, overseas. She stated that there were 11 aircraft carriers in the U.S. Navy, and that any aircraft carrier that was deployed from the East Coast came there for the Composite Training Unit Exercise (COMPTUEX), which was a tactics event where they put the crews through war. She explained that an aircraft carrier with about 5,000 people and 70 aircraft would do about 80 sorties every day and fight a mock war to certify that those crews were ready to be sent to fight, noting that the world’s fifth largest air force was on that one ship. She relayed that live training was important and included the following steps: taking the live bomb or missile from the bottom of the aircraft carrier; working that weapon all the way to the flight deck by the entire crew; loading the flight deck; moving the aircraft around on the fight deck with the live weapon; launching the aircraft with the live weapon; flying from the aircraft carrier over the water and over the land to the Pinecastle Range; successfully dropping the weapon; hitting the target safely; and judging those who built the weapon by determining if the explosion happened the way they wanted it to. She related that the last group they certified was the crew of the USS Dwight D. Eisenhower (Ike) which was currently in the Red Sea fighting battles as seen in the news, and noted that a couple of months prior, those crews were training at Pinecastle. She remarked that what was done there could not be done anywhere else, and that Pinecastle was a national strategic asset to prepare people for war so they could come home afterwards. She commented that Pinecastle was a team player, and that a tour had been offered so the Board could come see what they did. She related that they worked very closely with the USDA Forest Service, the Ocala National Forest Rangers, and the Florida Fish and Wildlife Conservation Commission (FWC). She relayed her understanding that there were more endangered species at Pinecastle than in the surrounding area, and said that they worked closely with the U.S. Forest Service to manage the area for the endangered Florida Scrub Jay, the Gopher Tortoise, and the Indigo Snake. She explained that the Florida Scrub Jay needed a forest that had forest fires, and that this sometimes happened on a bombing range, creating a great habitat for these animals. She mentioned that through the relationships they had with these other entities, they were able to meet many different competing needs, such as military training and environmental protection. She invited the Board to visit Pinecastle, opining that it was great to visit the operation center when the A-10s were coming in, releasing their ordinance, and practicing for the real fight. She related that safety was very important to them, and that they had these studies so they could avoid issues before they happened.
Commr. Parks expressed appreciation for the presentation, and stated that he was proud that Lake County could be an integral part of the nation’s defense. He encouraged the Board to go out to the range, noting that he saw an A-10 when he visited there. He indicated appreciation for the environmental sensitivity, and opined that communication with the U.S. Forest Service was going well.
Commr. Shields said that he had visited the USS Dwight D. Eisenhower and had received a tour. He mentioned that there was a small U.S. Navy base in the Okahumpka area where they did the sonar studies, and that there was a study being conducted to ensure the viability of that as it moved forward. He said that he would like to visit the Pinecastle Range.
Commander Robinson remarked that dogfighting required much airspace, and that those pilots were engaged and not looking for civilian aircraft, noting that safety was a priority as was managing airspace correctly.
Commr. Campione mentioned that Pinecastle was close to Alexander Springs and other environmentally sensitive areas. She opined that residents knew when there was bombing going on at the range, and noted that the North Lake Outpost would sometimes list the schedule. She opined that this was not having an effect on the aquifer or other sensitive areas, and that the earth was resilient. She also opined that the military did a good job staying where they were supposed to be, and that there was not much private ownership in the forest other than homes that had been there for a long time; additionally, densities were low in this area. She wondered what the County would do if someone asked for a building permit in one of the zones where new growth should not be promoted.
Mr. McManus commented that there was a noise complaint during the most recent bombing campaign, and that someone asked if they could move the Pinecastle Range to someplace more isolated; however, in 1940, the City of Ocala was isolated. He remarked that the Florida Statute that made him a member ex-officio of the Planning and Zoning Board required the Counties to communicate when there was a building application that would impact the military installation, and that he would be going to Putnam County’s Planning and Zoning Board meeting on the following day to discuss some areas. He related that Ms. Mary Ellen Stern, Executive Director of Economic Growth, had been communicating with them, and that when he received the Planning and Zoning agenda, he would review it and reply with any comments or concerns, noting that nothing had come forward in Lake County recently. He remarked that if there was a concern, he would attend the Planning and Zoning meeting and explain the U.S. Navy’s issues, and that if it went before the BCC, then he and Commander Robinson would attend and explain. He opined that they may have to do this in Putnam County as there was a developer that wanted to build something that the U.S. Navy would not recommend, and that the case had gone before the Planning and Zoning Board and would then go before the Putnam County BCC; however, they could only make recommendations per the State Statute. He stated that in 2012, there was an F-18 Hornet that took off from NAS Oceana in the State of Virginia and caught fire in the engine bay. He said that the pilot tried to put it out without success and then ejected, noting that the aircraft crashed into an apartment building. He relayed that the apartment building was in an area called the Accident Potential Zone 2 (APZ-II), which was an airport designation similar to the range designation RCZ-II where there should not be an apartment building. He commented that even though the U.S. Navy objected to the construction of the apartment building, the City of Virginia Beach went ahead with the project, noting that when the airplane crashed into it there was no one in the building; therefore, no one was killed. He commented that when the U.S. Navy was asked what caused the aircraft to crash into the apartment building, the U.S. Navy replied that the City had been told not to build the apartment building there. He opined that if there was a development approved in Lake County that the U.S. Navy recommended against, there would be shared responsibility. He elaborated that after they articulated the risk to Lake County, Lake County could either choose to accept that risk and be a partner to the risk or determine that the risk was too high, noting that they allowed the elected leaders to make those decisions.
Commr. Smith expressed appreciation for all they did to keep this country safe. He commented that Lake County had two vital military facilities, and he hoped that their relationship would continue until it was not needed anymore.
public hearing: ordinance 2024-8 keep lake beautiful advisory committee
Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING DIVISION 7, ARTICLE IV, CHAPTER 2, LAKE COUNTY CODE, TO BE ENTITLED KEEP LAKE BEAUTIFUL ADVISORY COMMITTEE; CODIFYING THE EXISTING COMMITTEE MEMBERSHIP, PURPOSE, DUTIES, AND PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved Ordinance 2024-8 creating Division 7, Article IV, Chapter 2, Lake County Code, to be entitled Keep Lake Beautiful Advisory Committee; and to approve a waiver of potential ethical conflict for Mayor Ed Freeman, Town of Lady Lake, and appoint him as a municipal elected representative to the Keep Lake Beautiful Advisory Board. The term for his appointment is through May 31, 2028.
Commr. Blake was absent for the vote.
commissioners reports
commissioner shields – vice chairman and district 1
Early Learning
Coalition Board meeting
Commr. Shields mentioned that he attended an Early Learning Coalition Board meeting.
commissioner parks – district 2
groundbreaking for SR 516
Commr. Parks relayed that he attended the groundbreaking for SR 516, which would connect U.S. Highway 27 to SR 429 through Wellness Way, and expressed appreciation to Commissioner Smith and Commissioner Shields for attending. He stated that most of SR 516 was in Lake County, opining that it would significantly reduce the traffic between SR 50 and U.S. Highway 192. He relayed his understanding that this would be one of only a few roads in the world that would have devices that could charge electric vehicles as they were driving, and that this would be studied and experimented with. He remarked that he was interested in how it would affect hybrid trucking and electric trucks as well as regular electric vehicles, and that it would be a toll road. He opined that the road was designed to be the ultimate in sustainability with trails and landscaping, and that it would take into account the Florida Wildlife Corridor.
Liberty Tree dedications
Commr. Parks related that he would be attending the
Liberty Tree dedications at Umatilla High School on Friday, April 26, 2024 at
9:30 a.m., and at East Ridge High School on Monday, April 29, 2024 at 10:00
a.m. He expressed appreciation to Cherry
Lake Tree Farm, the County staff, and the Lake County School Board, and relayed
his understanding that it was a goal of the Lake County School Board to do a
Liberty Tree dedication at every high school and middle school in Lake County.
commissioner campione – district 4
flooding in the
Wolf Branch Sink area
Commr. Campione commented that there were some lakes in the Wolf Branch Sink area that were very high, and that one property owner had a cottage that was lost due to the rising water and a workshop that was being threatened with flooding. She opined that a grant could possibly be obtained from the St. Johns River Water Management District (SJRWMD) to do a hydrology study, and that the City of Mount Dora may consider participating.
Commr. Shields opined that the Clermont Chain of Lakes continued to drop as it normally did in the wintertime, and that it was unusual for water levels to increase this time of the year. He also opined that there may be something going on that needed to be figured out.
Commr. Smith wondered if the County should do a legislative priority to study all of the protected areas where there were some anomalies, such as the Wekiva Basin and the Wolf Branch Sink area.
Commr. Campione opined that if the County had particular projects identified, that may be a good source for funding.
commissioner smith – chairman and district 3
Tourist Development Council meeting
Commr. Smith remarked that he attended a Tourist Development Council (TDC) meeting on the previous day, and noted that two new members were invited to the TDC.
Liberty Tree dedication
Commr. Smith relayed his understanding that the Liberty Tree dedication was about history and how the country came together, which ultimately led to the country’s independence. He relayed that there would be educational speakers there, and opined that it would be very good. He expressed appreciation to the Lake County School Board for bringing the history of the country back to Lake County schools.
National Library Workers Day
Commr. Smith said that it was National Library Workers Day.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:17 a.m.
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kirby smith, chairman
ATTEST:
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GARY J COONEY, CLERK