A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

November 8, 2016

The Lake County Board of County Commissioners met in regular session on Tuesday, November 8, 2016 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were:  Sean Parks, Chairman; Welton G. Cadwell, Vice Chairman; Timothy I. Sullivan; Jimmy Conner; and Leslie Campione.  Others present were:  David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Angela Harrold, Deputy Clerk.

INVOCATION and pledge

Commr. Parks recognized elected officials in the audience. He expressed his condolences to the families of Ms. Kyleen Fischer and Ms. Ann Dupee and asked for a moment of silence in remembrance of them.

Pastor Brian Hammond from The Church at South Lake gave the Invocation.

Sheriff Gary S. Borders led the Pledge of Allegiance.

women’s hall of fame

Commr. Parks stated that the Board created the Women’s Hall of Fame in 1995, and it has been a long standing tradition to honor extraordinary women in Lake County. He explained that the Women’s Hall of Fame was created to honor those who have shared their talent, intelligence, skills and compassion towards improving the community.  He stated that these women are an example to us that the work of a single person can make a difference in the lives of others. He introduced Commissioner Campione to announce 2016’s Women’s Hall of Fame recipient.

Commr. Campione stated that the Lake County Women’s Hall of Fame honors those who have made tremendous strides in benefitting the community in fields such as art, business, community service, government, health care and education. She noted that the State of the County theme for 2016 was “A Legacy of Accomplishments” and was fitting of the honoree because she had left a visible mark on Lake County.  She commented that many people are worthy of receiving honors due to altruistic acts that benefit their communities. She announced that the 2016 Lake County Women’s Hall of Fame recipient was Ms. Ann Hufstetler Rou.  She explained that the historic Atlas B. McClellan Band Shell located in Ferran Park in Eustis was ready for demolition in the 1970’s, but Ms. Rou lead the effort to save and renovate it, and it is now a focal point of the park.  She stated that the newly opened homeless drop-in center called The Open Door located in Eustis was brought to fruition through Ms. Rou’s efforts after she and her husband encountered a homeless woman who was unable to receive the help she needed.  She commented that The Open Door is a place where someone can find hope, do their laundry, obtain a locker, and find help and employment to improve their life.  She reported that Ms. Rou had been a lifelong resident of Eustis and had always been involved in the community, including being a charter member of the Eustis Service League where she held office and was involved with saving the Lottie Taylor House, which is now the Eustis Historical Museum. She stated that Ms. Rou had been active on the Florida Hospital Waterman Foundation, the Lake Community Foundation, and had been an elder at the First Presbyterian Church of Eustis for many years.  She commented that Ms. Rou had been involved in many cultural activities in the area such as dressing up as Betsy Ross on President’s Day, serving as the Eustis Georgefest Grand Marshall and as the Citrus Queen, while working diligently for the betterment of the community. She described Ms. Rou as a busy person who gets things done but also a busy friend who encourages others and helps people in many caring ways.  She stated that Ms. Rou would say being a loving daughter, a sister, an aunt, a loving wife, mother and grandmother would be her biggest accomplishments.  She welcomed Ms. Rou to the Lake County Women’s Hall of Fame and presented a framed photo of her, which was placed on the wall with the previous Women’s Hall of Fame inductees.

Ms. Ann Hufstetler Rou thanked Commissioner Campione and stated that she was incredibly honored to be in the same group with many other outstanding women from Lake County. She thanked Susan Caddell for nominating her and the selection committee. She stated that she was thankful for being given the opportunities and thanked her family members and close friends who had supported her over the years. She emphasized that a small amount of people can do a big job. She commented that her parents Myra and Leslie Hufstetler came to Lake County in the 1920’s and were loving, kind and giving people who were an inspiration to her and taught her by word and example to be kind, tenacious and hardworking.

state of the county

Commr. Parks introduced the State of the County by stating that the Board, County staff, Lake County business leaders, and community volunteers had proven to be united in the common goal of making the county a better Lake County. He commented that once again numerous resources were given to important community projects that established a foundation for all future generations. He opened the video for the 2016 State of the County Address by saying that the Board of County Commissioners of Lake County spent the year dedicated to diligently planning a prosperous future with proven results.  He stated that the Board again lowered taxes and rolled back the millage rate, while supporting the passage of the Penny Sales Tax.  He commented that there had been a focus on improved infrastructure, growth of private sector business, enhanced Public Safety and elevated quality of life in Lake County.  He stated that on behalf of the Board, it was his honor as Chairman to share Lake County’s most exciting and notable accomplishments that took place in Fiscal Year 2016.

The video started by remarking that Lake County is the picture of a true Florida lifestyle, complete with charm, hospitality and a pro-business environment.  The video stated that the County is enthusiastic about leaving a legacy of stability and prosperity for future generations.  The video recapped that during 2016 the economy was growing and healthy with an unemployment rate that hit a ten year low of 4.6 percent, average Lake County salaries were at record highs, a new website was completed called Madeinlake.com, which highlights local manufacturing businesses, and the completion of the Center for Advanced Manufacturing at Lake Technical College took place. It continued outlining new transportation projects that created jobs and had positive economic impacts. The video highlighted the positive tourism growth in the county, pointing out that the television show “How To Do Florida” had been filmed in the county for a third time. It stated that several high-profile fishing tournaments took place such as the Jack Links Major League Fishing Show, which was filmed for the Outdoor Channel on the Harris Chain of Lakes.  The video reviewed the 5th Annual Wings and Wildflowers Festival and pointed out that the festival took home the first place SUNSational award for both best Photo and best Program/Event Guide from the Florida Festivals and Events Association.  It listed the miles of trails and opportunities for ecotourism and the many parks in Lake County, specifically the Miracle Field of Lake County, which allows for residents with disabilities to enjoy many different sports. The video outlined the many sidewalk programs to help with establishing a more accessible community and to provide safe access for students to get to school.  

The video reported that the Board had approved many projects to increase Public Safety. including an aggressive approach to mosquitos, a bear-resistant cart ordinance, an increased Insurance Services Office (ISO) fire rating and entering into Interlocal Service Boundary Agreements (ISBA) with the municipalities to improve fire and rescue response times. Furthermore, the Lake County Fire and Rescue Department (LCFR) was awarded a Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $1.7 million to hire 15 new firefighters to help increase staffing and improve response time.  In September 2016 the County and the City of Clermont opened the first jointly operated Fire Station 90/104, which is strategically located near State Road 50 and Florida’s Turnpike.  Additionally, six LCFR stations were outfitted with new LifePak 15 equipment to provide Advanced Life Support (ALS) services to the surrounding residents. In response to Hurricane Matthew, the Emergency Operations Center (EOC) rose to Level 1 activation for the first time in 12 years and utilized AlertLake, the new emergency notification system; and the EOC was awarded an E911 State Grant to help upgrade its system.  It also reviewed the new routes and improvement within the Lake Xpress transportation system.

The video reported that many awards had been received by the County throughout the year such as the Water Safety Team receiving the National Water Safety Congress Award of Merit; the County received five awards from the National Association of Counties and also received the Government Finance Officers Association’s (GFOA) Distinguished Budget Presentation Award for its 2016 Annual Budget; and it proudly hosted 20 budget workshops. The video recapped that in support of local veterans, the County released the Veterans Handbook, which outlines local and federal resources, and worked with the 5th Judicial Circuit to establish a Veteran’s Treatment Court.  Lake County also implemented the Homeless Rehousing Program funded by the State Housing Initiatives Program (SHIP), which helps families and elderly residents transition from homelessness to permanent housing. Volunteers in the county contributed over 19,000 hours of service, which equaled nine full time employees. Keep Lake Beautiful, Lake County’s volunteer organization seeking to beautify the community, organized more than one dozen events in its first year.

At the completion of the video presentation, Commr. Parks opined that Lake County was the best place to live in the country and that the video only showed a small amount of what had been accomplished in 2016. He asked that County staff receive a round of applause for all of their hard work. He commented that it is not easy being in public service, and he commended and thanked his five fellow elected commissioners who have a county of 320,000 bosses and worked together as a team. 

Special Recognition

Commr. Parks read a quote from author James Freeman Clark, “The difference between a politician and a statesman is that a politician thinks about the next election, while the statesman thinks about the next generation.”  He stated that while the importance of elections cannot be denied, the elected officials on the Board had always been dedicated to the next generation and intently focused on paving the way for the children and grandchildren of Lake County, while always working to make Lake County a better place. He remarked that the Board may not have always agreed on how to accomplish the goals, but the vision and attention was and always would be for the betterment of the citizens.  He stated that outgoing Commissioner Welton G. Cadwell and Commissioner Jimmy Conner would be recognized that day for their part in those accomplishments. He commented that their service and commitment could not be understated, and their hard work was evident in the county’s beautiful parks, improved roads, business growth and so much more.

Commr. Parks commented to Commissioner Conner that despite their differences, they worked together for the betterment of the county. He remarked that he respected Commr. Conner as a colleague, and for his many years of service and his work as Chairman of the Board. He commented that he will miss his sense of humor and personal touch that he brought to each meeting. He added that he felt Commr. Conner had always given all of himself.

Commr. Parks commented that Commr. Cadwell may seem more casual in demeanor and laid back on the outside but his tenure on the Board had been anything but casual.  He remarked that Commr. Cadwell poured his heart and soul into the County for over 24 years, and his hard work was evident all over from the south to the north.  He stated that whether it had been the focus on quality of life or public safety, Commr. Cadwell’s leadership was unparalleled, and he stated he would miss his wisdom, discernment and the well-timed jokes to lighten the mood. He introduced a slideshow video that reviewed the Commissioners’ work within the county.

Commr. Parks first presented a commemorative photograph to Commissioner Cadwell.

Mr. Jim Stivender, Director of Public Works, presented Commissioner Cadwell with a street sign that said “Cadwell Way.”

Sheriff Borders presented Commissioner Cadwell with a plaque and stated that Commissioner Cadwell was called the “Commonsense Commissioner,” which meant he could be tough. He elaborated that if a department could not justify a need, Commissioner Cadwell would not approve it.  He commented that Commissioner Cadwell never grandstanded and would always work with you. He remarked that it had been an honor to work with him, and he appreciated all of the service he put forth in support of the Lake County Sheriff’s Office.

Commr. Cadwell stated that he had served with 14 different commissioners, 7 county managers, 5 county attorneys and 1 Public Works Director over his 24 years as a Lake County Commissioner.  He commented that he was able to do something he loved for 24 years and that he received advice that he should not be sad that it was over but amazed that it happened.

Commr. Parks then presented a commemorative photograph to Commissioner Conner.

Mr. Jim Stivender, Director of Public Works, presented Commissioner Conner with a street sign that said “Conner Court.”

Sheriff Borders presented Commissioner Conner with a plaque and stated that Commr. Conner had always been supportive of the Lake County Sheriff’s Department and was instrumental in getting deputies raises and ensuring the department had the proper equipment. He relayed that the county had a lower crime rate for the fifth year, and he felt that it was due to the help of the Board.  He commented that it had been an honor to serve alongside Commr. Conner over the years and thanked him for the support and wished him luck.

Commr. Conner told a short anecdote and commended Commr. Parks on being Chairman, noting that the Board had worked very well together.  He pointed out that the Miracle Field, the East Lake Park expansion, the South Lake Regional Water Initiative and the Veteran’s Handbook were all examples of issues that individual commissioners brought forward and the Board worked together as a team to bring to fruition.  He remarked that it had been great to be in an organization where there is great leadership from the Board, the County Manager, the County Attorney and all of the constitutional officers as well as the staff.  He commented that he has served with many individuals but none more honorable than Commissioner Cadwell. He commended Commr. Cadwell for all his hard work in the county and at the Central Florida Expressway Authority.

Commr. Parks thanked everyone for attending the State of the County and hoped that everyone would leave energized about the future of Lake County.  He stated that there is a lot coming up and he looked forward to strengthening the partnerships with the cities, the community and the business leaders. He commented that the Board values the citizens of the county and encouraged all citizens to be a part of the local government in the upcoming year.

recess and reassembly

The Chairman called a recess at 10:02 a.m. for 30 minutes.

Agenda update

Mr. David Heath, County Manager, stated that there was an addendum issued for the agenda modifying Tab 13 regarding additional unanticipated gas tax revenue, the addition of Tab 22 updating the Board on the cleanup of storm debris, and the addition of Tab 23 per the request of Commissioner Parks regarding an Interlocal Agreement creating the South Lake Regional Water Initiative Cooperative.

minute approval

On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the minutes of the BCC Meetings of September 27, 2016 (Regular Meeting) and October 4, 2016 (Special Meeting) as presented.

employee awards

Mr. Robert Anderson, Human Resources Director, recognized employees who have reached significant milestones in their career with Lake County, as follows:

FIVE YEARS

            Larry Robinson, Trades Crew Leader

            Public Resources/Parks & Trails Division

 

            Jacob Stanley, Environmental Waste Technician (Not Present)

            Public Works/Solid Waste Division

              

TEN YEARS

            Heather Bauchman, Firefighter/Paramedic (Not Present)

            Public Safety/Fire Rescue Division

 

Glenn Bidwell, Fire Lieutenant/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Andrew Boris, Fire Lieutenant/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Gregory Connell, Equipment Operator III

Public Works/Road Operations Division/Maintenance Area II (Minneola)

 

Cameron Gegelman, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division   

 

Christopher Gerbig, Fire Lieutenant/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Jason Green, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Timothy Greenough, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Glen Guzman, Licensing Investigator

Economic Growth/Building Services Division

 

Jason Miller, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Keith Perry, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

 

Leon Platt, Enterprise Technology Architect

Information Technology

 

Ryan Robbins, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

           

Jeffrey Sacco, Fire Lieutenant/Paramedic (Not Present)

Public Safety/Fire Rescue Division

                                   

Allan Selph, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

 

Isaias Sepulveda Rivera, Laboratory Associate

Public Works/Environmental Services Division/Laboratory& Hydrogeology

 

Scott Summers, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

 

Daniel Wallace, Firefighter/Paramedic

Public Safety/Fire Rescue Division

           

Stanley Wilson, Code Enforcement Officer (Not Present)

Community Safety & Compliance/Code Enforcement Division

 

FIFTEEN YEARS

            Shelly Clarke, Firefighter EMT

            Public Safety/Fire Rescue Division

 

            Robert Henderson, Equipment Operator III

            Public Works/Road Operations Division/Maintenance Area III (Umatilla)

 

            Mark Ricci, Firefighter EMT

            Public Safety/Fire Rescue Division

 

TWENTY YEARS

            Dondre Collins, Park Ranger

            Public Resources/Parks & Trails Division      

 

TWENTY-FIVE YEARS

            Bruce Talbott, Firefighter/EMT

Public Safety/Fire Rescue Division

 

RETIREMENT

            19 Years:  Brenda Quattlebaum, Probation Supervisor

                              Probations Services Division/Community Safety & Compliance

 

Mr. Brian Sheahan, Director of Community Safety and Compliance, recognized Brenda Quattlebaum for her 19 years of service, which began in May 1997 in the Community Services Department. He explained that she advanced through the County always challenging herself, including in her last position as Probation Supervisor. He commented that she is a rare individual with many skill sets, and her excellent service had been repeatedly recognized over the years as she received several Employee of the Quarter, T.E.A.M, and Supervisor of the Quarter awards. He thanked her for her service.

Commr. Parks presented Ms. Quattlebaum with a clock on behalf of the Board.

 

            28 Years:  Richard Hartenstein, Senior Planner

                              Economic Growth/Planning & Zoning Division

 

Mr. Robert Chandler, Director of Economic Growth, recognized Richard Hartenstein for his 28 years of service and commented that his absence would be felt throughout the different departments of the County.  He mentioned that Mr. Hartenstein was a good person who cared about his job and his co-workers and was always doing what was in the best interest of Lake County. He stated that Mr. Hartenstein was always courteous, professional and very knowledgeable, and he was able to provide insight and historical knowledge from memory in matters relating to planning history. He stated that Mr. Hartenstein had also shown a good work and life balance by actively being committed to his work and his family. He wished Mr. Hartenstein the best of luck in his retirement.

Commr. Parks stated that he would miss Mr. Hartenstein and noted that he was one of the first people that he worked with prior to being elected as a commissioner, and Mr. Hartentstein had always made him feel welcome. He presented Mr. Hartenstein with a clock on behalf of the Board.

citizen question and comment period

No one from the public wished to speak at this time.

presentation – national hunger and homelessness week

Commr. Cadwell presented and read Proclamation 2016-122 declaring November 13-19, 2016 as National Hunger and Homelessness Awareness Week in Lake County to Mid-Florida Homeless Coalition representatives. He noted that the proclamation states that in Lake County 134 households, 185 people and 16 veterans were considered homeless.  He read that the Lake County Public School System had reported that 2,416 students were homeless based on the Department of Education’s homeless definition. He stated that the purpose of the proclamation was to educate the public on the many reasons why people are hungry and homeless, including the shortage of affordable housing in Lake County, and it also encouraged support for homelessness organizations.

Ms. Barbara Wheeler, Executive Director of the Mid-Florida Homeless Coalition, reported that from July 1, 2015 to June 30, 2016 the coalition had been able to house 161 individuals, which was made up of 80 households, and 4 of them were veterans. She stated that affordable housing is the key to ending homelessness, which is what they were working towards in Lake County. She thanked the Board for their support and all of the representatives that work to help make that happen.

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved Proclamation 2016-122 proclaiming November 13-19, 2016 as National Hunger and Homelessness Awareness Week in Lake County, Florida.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, as follows:

List of Warrants

Request to acknowledge receipt of the list 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.

Florida Forest Service Cooperative Forestry Assistance and Fire Control Programs

Request to acknowledge receipt of the 2015-2016 fiscal year Annual Report for the Florida Forest Service’s Cooperative Forestry Assistance Program and Fire Control Program in Lake County, which identifies major forestry activities throughout Lake County from July 1, 2015 through June 30, 2016.

Southwest Florida Water Management District

Request to acknowledge receipt of a letter from the Southwest Florida Water Management District announcing the adoption of its fiscal year 2016-2017 budget and the approval of its proposed 2017 Five-Year Water Resource Development Work Program at its Governing Board meeting held on September 27, 2016, pursuant to Section 373.536(6)(a)(4), Florida Statutes.

City of Mount Dora – Ordinance No. 2016-08

Request to acknowledge receipt of a copy of Notice of Annexation Ordinance No. 2016-08 from the City of Mount Dora, as required by Chapter 171.044(3) Florida Statutes, and which was adopted by the City Council on October 4, 2016.  A map indicating the location of the annexed lands was enclosed with the Notice.

Town of Lady Lake - Ordinances

Request to acknowledge receipt of copies of the following ordinances and resolutions from the Town of Lady Lake:  Ordinance No. 2016-14 (Comp Plan Amendment), Ordinance No. 2016-15 (Rezoning), Ordinance No. 2016-18 (Annexation), Ordinance No. 2016-19 (Comp Plan Amendment), Ordinance No. 2016-20 (Rezoning), Ordinance No. 2016-21 (Annexation), Ordinance No. 2016-22 (Comp Plan Amendment), Ordinance No. 2016-23 (Rezoning), Ordinance No. 2016-24 (Amending Land Development Regulations regarding Code Enforcement Special Magistrate), and Ordinance No. 2016-28 (adopting the operating budget for FY 2016-17); as well as Resolution No. 2016-107 (variance for front yard setback), Resolution No. 2016-108 (supporting the postponement on bear hunting), Resolution No. 2016-109 (adopting the tentative property tax millage rate), and Resolution No. 2016-110 (adopting the property tax millage rate).

COUNTY MANAGER’S CONSENT AGENDA

Commr. Cadwell pointed out that Tabs 6 and 7 were regarding the grants that he noted in the proclamation previously read, and he thanked the Board for allocating extra money for those grants.

Commr. Campione noted that the Affordable Housing Advisory Board met regarding Tab 8, and there was a consensus to allow State Housing Initiative Program (SHIP) funds for Florida Housing Finance Corporation (FHFC) tax credit multifamily housing projects, with most of the applications being for elderly affordable housing which was a large need within the county.  She explained that because there was only one project that would receive the funding, there would be a lottery system in place that would determine the recipient.

Commr. Parks stated that there were 8 organizations in 2015 that were able to help with the homeless and housing issue, and it increased to 11 in 2016. He noted that it was a team effort, and he thanked Commr. Cadwell for always being aware of the needs of the county. 

Ms. Catherine Hanson, a resident of Lake County and Chairman of the North Lake County Hospital District, thanked the Board for approving Tab 11 to purchase property for the East Lake Park expansion.

Commr. Cadwell commented that the expansion was badly needed and appreciated the Board and County Attorney’s efforts to get the property acquired.

Commr. Campione remarked that she appreciated it as well and stated that she knew there was a lot of negotiating and it was a team effort.

Commr. Parks noted that parks are an important opportunity for children to grow and learn and are economically a good move.

Mr. Heath clarified that the motion included the approval of the anticipated revenue in Tab 13.

On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 4 through 19 as follows:

Proclamations

Request approval of Proclamation 2016-127 proclaiming the month of November as Hospice Month, per Commissioner Parks.

Community Services

Request approval to issue a purchase order to TRC Engineering Solutions (Winter Springs) for supplemental and/or specialized repair of various public transit vehicles.  The fiscal impact stated on the purchase order will be not-to-exceed $180,000 (partially grant-funded expense).  Actual expenditure will be based on determined needs.

Request approval of annual grant funding for 11 organizations who have submitted applications for Fiscal Year 2016-2017 County funds through the Children's Services Council Grant Request for Proposal (RFP) process; authorization for signatures on subsequent agreements; and authorization to encumber and expend funds. The fiscal impact is $175,761 (Expense).

Request approval of annual grant funding for 11 organizations who have submitted applications for Fiscal Year 2016-2017 County funds through the Human Services Grant Request for Proposal (RFP) process; authorization for signatures on subsequent agreements; and authorization to encumber and expend funds. The fiscal impact is $122,500 (Expense).

Request Board consideration of developers’ requests for a local contribution from State Housing Initiative Program (SHIP) funds for Florida Housing Finance Corporation (FHFC) tax credit multifamily housing projects. Lake County may recommend multiple requests but FHFC will approve no more than one project in the County. The fiscal impact is $37,500 (SHIP - Expense).

County Attorney

Request approval to terminate the Lease Agreement between Lake County and Ali Jawad for the Tax Collector’s office located at the Towerview Office Complex, 194 North Highway 27, Suite A, in Clermont.   The fiscal impact was previously addressed in the approval for the Tax Collector's new South Lake Regional Service Center location.

Request approval for the County Attorney to execute the Stipulated Final Judgment in Court Case No. 2014-CA-002258, Lake County vs. Thomas L. Clark and Cathy R. Clark, et al., (Parcel Numbers: FP44 and FP44A) regarding property needed for the CR 466A Road Project. The fiscal impact at this time is $195,700.00 (Total Settlement of $505,700.00 less $310,000.00, which was previously deposited into the Registry of the Court per the Stipulated Order of Taking). Commission District 5

Request approval of the Purchase Agreement with Charles C. Thomas and Mary K. Thomas, as Trustees of the Mary K. Thomas Trust, for the East Lake Community Park Expansion Project; approval for the Chairman to execute any necessary closing documents; and approval to process a Budget Transfer BUA 2017-01.642 to move funds from reserves to capital outlay.  The fiscal impact is $550,000 plus an estimated $30,000 in due diligence and closing costs.

Facilities Development and Management

Request approval to award four (4) contracts for On Call Architects under RSQ 16-0019, to Powell Studio (Clermont, FL), KTH Architects, Inc. (Orlando, FL), Rhodes + Brito Architects, Inc. (Orlando, FL) and Dickerson Architects, Inc. (Leesburg, FL).  The annual fiscal impact will be dependent upon needs, but is estimated to be $250,000.00 (expenditure).   

Fiscal and Administrative Services

Request approval of year-end budget transfers for Fiscal Year 2016 in accordance with County Policy LCC-36, Administrative Procedure and pursuant to Chapter 129.06 (2)(A), Florida Statutes. The fiscal impact is $604,771 (Expenditure).

Request approval of three Unanticipated Revenue Resolutions amending the District 5 (Resolution 2016-128) and District 6 (Resolution 2016-129) Road Impact Fee Funds and the County Transportation Trust Fund (Resolution 2016-130) to receive unanticipated revenue in Fiscal Year 2016. The fiscal impact is $42,871 (Revenue).

Human Resources

Request approval to change the annual leave accrual rates and limits for Fire Captains and Battalion Chiefs to be the same as those specified in the Collective Bargaining Agreement between Lake County BCC and the Professional Fire Fighters of Lake County, International Association of Fire Fighters, Local 3990.  The estimated fiscal impact is $22,000 per year.

Public Safety

Request approval to apply to the Department of Homeland Security for the 2016 Assistance to Firefighters Grant (AFG) in the amount of $378,482 for 79 mobile data terminals for all fire rescue vehicles. In addition, request authorization for County Manager to sign all related grant documents in the future. Fiscal impact: There will be a 10% match required ($37,848).

Public Works

Request approval and execution of Fourth Amendment to the Developer's Agreement between Lake County and Baywood Village, LLC to extend the term of the Agreement by four years in accordance with a variance granted by the Board of Adjustment on August 11, 2016.  Baywood Forest is located off of Bay Road, in the Lake Saunders area, and consists of 16 lots located in Section 26, Township 19 South, Range 26 East.  There is no fiscal impact.  Commission District 4

Request approval and execution of the Coastal Conservation Association License Agreement Regarding Oyster Shell Storage at the Astatula Landfill. There is no fiscal impact.  Commission District 3 

Request approval to execute an Interlocal Agreement Between Lake County and the City of Tavares to transfer jurisdiction of Camp Road (County Road No. 3442).  Commission District 3

Request approval and execution of the Florida Department of Environmental Protection grant agreement and advertisement for bids for the Magnolia Lane Water Quality Improvement project.  The fiscal impact: is $350,000.00 (Revenue/Expenditure - 100% Grant Funded).  Commission District 3

public hearing – medical cannabis moratorium

Ms. Melanie Marsh, County Attorney placed the proposed Ordinance 2016-51 on the floor for reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; ESTABLISHING A TEMPORARY MORATORIUM WITHIN THE UNINCORPORATED AREAS OF LAKE COUNTY PROHIBITING MEDICAL CANNABIS ACTIVITIES DURING THE MORATORIUM PERIOD; PROHIBITING THE TAX COLLECTOR FROM ISSUING ANY NEW BUSINESS TAX RECEIPTS COUNTYWIDE FOR MEDICAL CANNABIS ACTIVITIES DURING THE MORATORIUM PERIOD; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; 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 ordinance, the Chairman closed the public hearing.

Commr. Parks stated that the ordinance was a good way to move forward based on the previous discussion.

Commr. Cadwell clarified that the majority of the Board was committed to working with the cities on zoning regulations but not banning the facilities.

Commr. Campione stated that the Board was coordinating with the cities to work together so that once the State of Florida Department of Health regulations were provided, it would ensure that there was something uniform in place.  She asked the County Attorney if the moratorium itself was directed only at the dispensaries and not the growing facilities, as those were already regulated by the State.

Ms. Marsh pointed out that the ordinance did cover all activities, including the growing, and the referendum would be expanding what was already allowed under the current State statutes. She commented that the growing facilities that were currently regulated by the State would not be affected and would be approved under the new referendum; however, none of those growing facilities were located in Lake County.

Commr. Campione clarified that if there was a new business that wanted to start a growing facility, they would not be able to under the moratorium.  Her concern was that she did not want to exclude valid activities that were already allowed by the State of Florida.

Ms. Marsh answered that it would prevent them from starting a new growing operation in the county during the six month moratorium.

Commr. Cadwell suggested modifying the language to make it less restrictive regarding the agricultural operations, if that was the goal of the Board.

Ms. Marsh commented that the definition could be modified to take out or leave in any portion of the verbiage.

Commr. Cadwell opined that it would take wholesale businesses longer than 6 months to be able to produce product for sale.

Commr. Parks stated that his intent was aimed more toward the dispensary operations, not agricultural. 

Commr. Campione remarked that she did not want to infringe on growing operations which were already being regulated by the state. She stated that her thought was to have something in place in regards to dispensary zoning, if down the road the amendment was expanded further.

On a motion by Commr. Campione, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved Ordinance 2016-51 establishing a temporary moratorium within unincorporated areas of Lake County prohibiting medical cannabis activities until May 23, 2016 on the basis that the language would be removed from the ordinance regarding growing, planting, harvesting, drying and processing activities and the ordinance would only impose the moratorium on medical cannabis activities defined as wholesale and retail sales of medical cannabis, including both THC cannabis and derivative products or any subset of those activities or any related medical cannabis wholesale or retail sale of that product.

departmental business

tourist development capital projects funding program

Mr. Chandler presented the Tourism Development Council (TDC) Capital Projects Funding Policy and the applications submitted for the 2016 Fall Cycle of the Capital Projects Funding Program to the Board. He relayed that capital projects are defined as new construction, expansion, renovation or a replacement for an existing facility or facilities, and it must have a total cost of at least $25,000 over the life of the project and a useful life of at least 10 years; or a purchase of major equipment costing $25,000 or more with a useful life of at least 10 years; or a major maintenance or rehabilitation project for existing facilities with a cost of $25,000 or more and a useful life of at least 10 years. He reported that to be eligible for funding, a project must be located in Lake County, publicly owned, operated by a public or not-for-profit organization, open to the public for various activities, and bring in a substantial amount of tourists and visitors to Lake County, which promotes overnight hotel stays. He reviewed that the process entails accepting application packages from applicants, which are reviewed by the Economic Development and Tourism (EDT) Division of the Economic Growth Department with any pertinent questions asked; the applicant will then return the final package with questions answered; and the EDT reviews the final package and then provides a recommendation to the Tourism Development Council (TDC). He stated that the TDC would then have a first meeting where the applicant has the opportunity to present the project to the TDC for discussion, and there would be final discussion at a second meeting where the TDC would make a recommendation to the Board, and then the Board would vote on whether or not to fund the project. He listed the project details that could impact the funding and reviewed that using the Capital Project Impact Model (CIM) method creates the base award, which is determined by taking the present value of the possible annual bed tax revenues generated by the project and utilizing a conservative discount rate as well as assuming a useful life of 15 years. He added that bonuses could be awarded based on economic impact, applicant contribution and the frequency of use. He reviewed some other factors that could impact the award and commented that when appropriate the EDT would rely on industry and subject matter experts, such as the Central Florida Sports Commission, to determine if the information provided in the application is reasonable and accurate.

Mr. Chandler reported that for the 2016 Fall Funding Cycle there was one application sent in from the City of Clermont with a request for $700,000 to fund The Victory Pointe Project.  He elaborated that the project was for an innovative ecological park and event space, which could also serve as a regional storm-water management facility. He pointed out that the application and request for funding was strictly for the event space and not for the stormwater related pieces of the project. He relayed that the project would provide expanded venue space to grow the event capacity beyond what was currently available at Waterfront Park, add significant spectator viewing areas, and expected to enhance the athlete and visitor experience along the waterfront. He commented that the project would assist Clermont in their efforts to retain existing events at Waterfront Park and would ensure that they remained a leader in their pursuit to become an international destination for new triathlons, endurance sports and water sports.  He stated that estimated room night generation would be an average of approximately 3,300 room nights in the first five years as required by the County, and the estimated project cost totaled $1,500,000. He noted that staff analysis reported that the City of Clermont had a long and successful track record of bringing triathlon and endurance events to Lake County, the project had the potential to enhance Clermont’s ability to generate visitation and room nights, the projected room night generation was reasonable and an aggressive marketing and management plan would be critical to achieving the projected results for the project.

Mr. Chandler reviewed the CIM results, noting that the base award calculated for the project was $181,705 and an estimated economic impact of $5 million over the first five years put the project in the thirty percent bonus range.  He reported that the City of Clermont would be contributing eighty-two percent of the total project cost, and along with a frequency of use factor, the CIM calculated an additional ten percent bonus due to the year-round nature of the event space.  He relayed that the projected funded amount would be $270,000 with the base award plus the bonus awards.  He stated that staff recommendation was to approve the proposed Capital Projects Funding request in the amount of $270,000 based on the results of the CIM model.  He mentioned that the TDC unanimously voted to recommend an award of $270,000 based on staff’s recommendation. He reviewed that the current Tourism Development Tax (TDT) Capital Reserve Balance was $2,750,000, and if the recommended $270,000 in funding for Victory Pointe was approved, it would bring the TDT Capital Reserve Balance to $2,480,000.  He stated that the requested action was to approve the Capital Projects Funding award of $270,000 to the City of Clermont for the Victory Pointe project, to authorize the Chairman to execute the agreement with the City of Clermont consistent with BCC approval and to approve the budget transfer moving $270,000 from the “Special Reserve – Capital” Fund to the “Resort/Development Tax” Fund.

Commr. Conner stated that there had been discussion in the TDC meeting about raising the funding amount from $270,000 to $400,000. He asked for further information on that discussion.

Commr. Cadwell replied the total project cost was $1.5 million, and the amount requested from the City of Clermont was $700,000. He reported that two presentations were made, there were very few questions from the TDC on the project and a clear separation was made between the Victory Pointe project and the storm-water project.  He commented that after the deliberation was completed, there was a motion made to approve $400,000 due to the expected enhancements the project would bring by being at the center of the Coast to Coast Connector Trail, which could raise the value; however, that motion failed three to three.  He elaborated that the TDC did not want Clermont to leave without funds for the project, so a new motion was made to approve the original staff recommendation of $270,000, which passed unanimously after the discussion. He commented that it had been the first quality capital request to come before the TDC and the Board in some time, and the TDC was reluctant to let it go unused when it could be invested in a good project.

Commr. Parks noted that he would have supported the $400,000, because he believed the money would be going to promote infrastructure, which would have a lucrative payback.

Commr. Cadwell suggested making a motion to grant the additional $130,000 to bring the funded total to $400,000.

Commr. Campione clarified that the amount being proposed for approval was coming in the middle of what was originally requested by the City of Clermont and what was recommended by staff. She commented that this would be the centerpiece of the Coast to Coast Trail Connector, which is a strategic place in Lake County.  She remarked that having new hotels built in the county would be a good future step.

Commr. Cadwell replied that having new hotels built had been an ongoing discussion within the TDC and that there were approximately three hotel projects currently happening in Clermont.  He pointed out that the AirBnB.com and HomeAway.com websites are being heavily utilized in Clermont, and there needed to be a process in place to ensure the County is collecting the bed tax for those stays.

Commr. Campione pointed out that having older homes renovated in the downtown Clermont area could be another positive step, and it would be good to see some of those areas being rehabilitated.

Commr. Sullivan stated that he supported the motion of increasing the funding amount to $400,000 but he wanted clarification that the formula for the CIM was appropriate moving forward and wondered if it needed to be tweaked.

Mr. Heath responded that the model formula was correct but that the decision would always ultimately come down to the discretion of the TDC and the Board to increase or decrease the suggested amount. He believed the staff recommendation should come from the model and the flexibility of increasing or decreasing the funded amount should be given to the Board.

Commr. Parks commended the Board for refining the model and making it objective.

Commr. Cadwell stated that the model is correct and that the process of having the projects presented at two different TDC hearings and then the final Board meeting allows room for other priorities that could be different from what is happening in the area to be considered.

Commr. Campione felt that the difference between what the model suggested and the $400,000 being proposed was small and that making the project a priority was important and could help finish what is trying to be accomplished in that area.

Commr. Cadwell stated that there are many projects that do not make it far enough to be approved, but the Victory Pointe project was a good one.

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Capital Project Funding amount of $400,000 to the City of Clermont for the Victory Point Project, which was an increase of $130,000 from the staff recommended amount of $270,000.  The Board also approved authorization for the Chairman to execute the Capital Projects Funding Agreement with the City of Clermont consistent with BCC approval and the budget transfer moving $400,000 from the “Special Reserve – Capital” Fund to the “Resort/Development Tax” Fund.

reports – county manager

disaster debris removal extension

Mr. Heath recalled that in October the Board gave him the authority to contract with debris haulers for 30 days at $75,000 to remove Hurricane Matthew storm debris.  He stated that there was a larger than normal amount of yard waste as a result of the storm. He reported that the County entered into a contract with Waste Pro of Florida, Inc. to work to help clean up the eastern and northern portions of the county. He requested that the Board approve an additional 30 days to continue the cleanup efforts, but there would not be additional funding needed.  He reported that press releases and notices would be given to the residents to let them know that if storm debris still needed to be picked up, they would need to report it by November 22, 2016 so that it could be cleared by December 4, 2016. He remarked that it was in the County’s best interest to get the pickup done quickly to ensure a higher reimbursement from the Federal Emergency Management Agency (FEMA.)

On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the 30 day extension addendum to Contract #13-0303 for Disaster Debris Removal resulting from Hurricane Matthew.   There is no fiscal impact.

legislative priorities list

Mr. Heath stated that it was planned for Mr. Bill Veach, Assistant County Manager, to present the list of legislative priorities to the new Board before the Legislative Delegation Meeting but the delegation meeting was moved up to Monday, November 14, 2016. He proposed submitting a draft of legislative priorities to the delegation with the understanding that the new Board would have the ability to approve them on November 22, 2016.  He listed the legislative priorities that would be included in the draft.

bcc liaisons

Mr. Heath noted that there would be a need for two Board members to volunteer as liaisons due to the exit of two commissioners and council meetings not occurring before the new Board was in place and new appointments could be made. It was decided that Commissioner Campione would be the Board liaison for the Early Learning Coalition meeting taking place on December 7, 2016, and Commissioner Sullivan would be the Board liaison for the Historical Society Meeting taking place on November 17, 2016.

REPORTS – COMMISSIONER sullivan – DISTRICT 1

veteran’s day

Commr. Sullivan commented that Friday, November 11, 2016 was Veteran’s Day, and he encouraged everyone to attend activities that are happening around Lake County to support the Veterans.

REPORTS – COMMISSIONER parks – chairman - DISTRICT 2

south lake regional water initiative

Commr. Parks stated that he was requesting approval to revise the South Lake Regional Water Initiative (SLRWI) Interlocal Agreement to create the SLRWI Cooperative.  He pointed out that the agreement required that any fiscal impact be determined through separate agreements. He explained that it had been something that was in process for several months, and since there were some cities looking to move forward on water projects now, the St. John’s Water Management District was directing those cities to do it through the SLRWI. He relayed that he was bringing it before the Board to keep things moving forward for those cities, particularly the City of Groveland, which needs the revised agreement in place.

Commr. Cadwell expressed he was concerned that the City of Minneola and the City of Clermont had not officially accepted the revision made to the agreement yet. He wondered if the Board moving forward with the agreement would help or hurt the progress with those two cities.

Commr. Parks responded that both cities had not yet accepted the revision but that it was anticipated that they would. He felt as though it would help the two cities move forward with it, because it would speed things along in the process. He stated that the language being put in the agreement was coming from the St. John’s Water Management District and was what they had approved for the cooperative to be able to move forward.

Commr. Campione wanted to be sure that the Board was not getting ahead of the process and clarified that the two cities not yet involved were Clermont and Minneola. She questioned whether the two cities would be bothered by the Board moving forward with the revised agreement and wondered if it would be better to wait until the next meeting to give Clermont and Minneola time to come on board.

Commr. Parks felt as though they were not getting ahead of the process by moving forward and that if there was a change to be made, it could come back for revision. He stated that the two cities worked on the agreement as well, and he did not think it would bother them if it moved forward. He commented that he believed both of the cities would agree to it, and to keep the progress moving forward, he felt that it would need to be approved that day.

Commr. Cadwell pointed out that there is a 60 day held harmless portion of the agreement that could be utilized if needed. He remarked that the Chairman had worked very hard on the agreement, and he wanted to be sure a misstep would not be taken to push back the progress made.

Commr. Sullivan remarked that he would like to see it moved forward, but it may need to come back before the Board if funds get involved.

Commr. Parks responded that any fiscal impact would be determined through separate agreements and would be brought back before the Board.

On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the revision of the  South Lake Regional Water Initiative (SLRWI) Interlocal Agreement to create the SLRWI Cooperative.  The agreement requires that any fiscal impact would be determined through separate agreements. There is no fiscal impact. The agreement was approved with the understanding that it would not negatively impact the City of Minneola and the City of Clermont, who had not yet signed the revised Interlocal Agreement.

veteran’s village

Commr. Parks mentioned that he enjoyed attending the opening of the Veteran’s Village that took place in Umatilla on November 5, 2016. He noted that the veterans appreciated the Board’s support.

REPORTS – COMMISSIONER conner – DISTRICT 3

kyleen fischer memorial

Commr. Conner expressed his condolences to the family of Kyleen Fischer who passed away on Sunday, November 6, 2016. He noted that she was passionate about the County and was much respected.

REPORTS – COMMISSIONER cadwell – vice-chairman – DISTRICT 3

central florida expressway authority

Commr. Cadwell commented that the Central Florida Expressway Authority (CFX) did not have a meeting scheduled in December, 2016.  He thanked the staff that helped him restructure the board for the CFX and noted that there would be a new general engineering contract taking place for FY 2017.

final comments to the board

Commr. Cadwell wished the Board the best of luck in the future, and he commented that he hoped they succeed in what they want to accomplish. He commented that they could reach out to him if they were in need of anything.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:38 a.m.

 

 

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sean M. parks, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK