preliminary copy – for review only

A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

november 7, 2017

The Lake County Board of County Commissioners met in regular session on Tuesday, November 7, 2017 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:  Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake. Others present were:  Jeff Cole, 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 Kathleen Bregel, Senior Secretary, Board Support.

INVOCATION and pledge

Reverend Art Eaton from The Fellowship gave the Invocation and Commissioner Sullivan led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, stated that there were no changes to the agenda.

Minutes approval

On a motion by Commr. Campione, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 22, 2017 (Regular Meeting) and September 19, 2017 (Regular Meeting) as presented.

employee awards

Mr. Robert Anderson, Human Resources Director, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:

FIVE YEARS

Keith Broccolo, Firefighter/Paramedic (not present)

Office of Fire Rescue

 

John Headrick, Firefighter/EMT (not present)

Office of Fire Rescue

 

Albert Howard, Fire Lieutenant/Paramedic (not present)

Office of Fire Rescue

  

Brenda Press, Contracting Officer I

Public Works/Road Operation Division

  

Jason Smith, Firefighter/Paramedic (not present)

Office of Fire Rescue

 

Jeffrey Wilson, Trades Crew Leader (not present)

Office of Parks & Trails

 

TEN YEARS

Christopher Curry, Assistant Area Maintenance Supervisor

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

 

Donald Davis, Firefighter/EMT (not present)

Office of Fire Rescue

 

Brian Dimond, Firefighter/EMT (not present)

Office of Fire Rescue

Blaine Halbert, Firefighter/EMT (not present)

Office of Fire Rescue

 

Timothy Herman, Firefighter/EMT (not present)

Office of Fire Rescue

 

Jason Ledesma, Firefighter/EMT (not present)

Office of Fire Rescue

 

Khanh Nguyen, Roadway Designer II

Public Works/Engineering Division/Design Engineering

 

Michael Robertson, Fire Lieutenant/Paramedic (not present)

Office of Fire Rescue

  

David Salinas, Landfill Supervisor

Public Works/Solid Waste Division

  

Timothy Travers, Firefighter/EMT (not present)

Office of Fire Rescue

 

Derek Youngblood, Firefighter/EMT (not present)

Office of Fire Rescue

 

TWENTY YEARS 

Charles Kent, Area Maintenance Supervisor

Public Works/Road Operations Division/Maintenance Area I (Leesburg)

 

Treeva Wall, Office Associate III

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

 

TWENTY-FIVE YEARS

Lori Koontz, Road Operations Division Manager

Public Works/Road Operations Division

 

THIRTY YEARS

Kirsten Mabry, Probation Supervisor

Community Services/County Probation Division

 

citizen question and comment period

Mr. Raymond Mellott, a resident of Eustis, opined that the traffic on the Lakeshore Drive and Lake Eustis Drive corridor was not safe due to semi-trucks using the road as a short cut and because the road had five speed limit changes, ranging from 30 miles per hour (mph) to 40 mph.  He stated that there were two serious accidents on the road that year.  He asked the Board to approve the resolution on the consent agenda, authorizing the reduction of the speed limit to 30 mph on Lakeshore Drive in Eustis and Lake Eustis Drive in Tavares.

Mr. Scott Taylor, a resident of Sorrento, asked the Board to consider passing a resolution requesting State appropriations regarding Amendment 1, the Florida Water and Land Conservation Initiative because Lake County citizens had voted to approve this amendment to the Florida Constitution.  He also requested that the Board rescind Resolution 2017-140, which supported a permanent connection of County Road (C.R.) 435 to the Wekiva Parkway, and schedule a time for public comment regarding this matter.  He opined that the existing temporary ramp would not work and would necessitate new engineering and design for that ramp, which would cost taxpayers money.  He remarked that there was no traffic study to support this ramp and he felt that traffic would utilize Kelly Park Road to access the Wekiva Parkway since C.R. 435 is a winding, slow moving road. 

Mr. Charles Lee, representing Audubon Florida, stated that in 2002, 2003 and 2004 he was part of the Wekiva Task Force and the Wekiva Coordinating Committee to deliberate the possibility of the Wekiva Parkway.  He stated detailed analysis went into the design of the road including traffic studies, consideration of the growth in that area and what would protect the environment.  He said the decision from this analysis was for there to be one interchange and one concentration of development in that area, which had become Kelly Crossings.  He opined that the Board’s decision to keep the temporary ramp open at Wekiva Parkway and C.R. 435 was not based on analysis and facts and that adding a new interchange would cost millions of dollars at the public’s expense.  He said he understood the concerns about traffic on C.R. 435 but opined that traffic would go to the Kelly Park Road interchange and that adding an additional interchange would only increase the traffic on C.R. 435.  He urged the Board to reconsider the resolution supporting a permanent ramp and allow public comments regarding this matter.  He asked that they consider the Florida Department of Transportation (FDOT) and Central Florida Expressway Authority (CFX) recommendations for this area.

Commr. Campione expressed her concern for protecting the community of Mt. Plymouth from the high volume of traffic traveling to get onto the Wekiva Parkway.  She said that the resolution to make the temporary ramp at C.R. 435 permanent was a way to start the discussion regarding ways to protect the Mt. Plymouth community and the Wekiva River Basin.  She then read an editorial she wrote titled “Saving Mt. Plymouth, Lake County and the Wekiva Basin from the unintended consequences of the three interchange limitation.”  She anticipated that staff would conduct traffic studies in this area and added that the decision to make the ramp permanent was due to residents who had expressed their concerns to the Board.  She clarified that the purpose of starting the dialogue was to look at how the area could be made better for the people who lived there, for the wildlife in the area, for the character of the river basin, for the water quality and for the natural environment. 

Commr. Parks, as the Lake County representative on the Central Florida Expressway Authority, felt that there would be no decision from CFX regarding this ramp in the near future and that he was told FDOT did not support this; however, he said he appreciated Commissioner Campione’s comments and supported the decision because he felt that she was looking out for the residents.  He understood Mr. Lee’s thoughts regarding the need to proceed with caution, because of the number of stakeholders involved.  He opined that the reason the Wekiva Parkway legislation was a success was because the process was deliberative, slow and built up trust and that in order to make a substantial change like this, he felt that same process needed to followed.  He appreciated everyone’s comments, noting that if this was done the correct way, it could impact how staff would act regionally with the road system.

Commr. Sullivan remarked that this decision would go to the State Legislature and was not a decision that the Board would make.

Commr. Campione added that the area’s legislative delegation had heard from residents and that she had gone out to the area to observe traffic patterns during various times of the day.  She indicated that if efforts to put a ramp at that location was not accomplished, then hopefully the State could help with some traffic calming solutions that would help prevent Mt. Plymouth from being inundated with traffic.  She reiterated her desire to protect the Wekiva River Basin and the quality of life in that area.

Mr. Lee opined that there were many options that did not necessitate the interchange and that adding it would not lessen the traffic in the area. 

prsentation and approval of proclamations

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved the following proclamations: Hospice Month Proclamation 2017-136 and Hunger and Homelessness Awareness Week Proclamation 2017-135.

presentation of the Hospice Month proclamation

Commr. Parks commented that the wonderful work done by Cornerstone Hospice & Palliative Care in the community is amazing and declared November 2017 as Hospice month in Lake County.  He then read and presented Proclamation 2017-136 to Ms. Cheryl Rumbley and Mr. Jason Whiteside.

Mr. Jason Whiteside, of Cornerstone Hospice and Palliative Care, thanked all the communities of Lake County for their support.

Commr. Parks added that Ms. Rumbley was a faithful member of the Elder Affairs Coordinating Council, which meets every month and provides great input to the Board regarding the needs of elders in Lake County. 

Presentation of the Hunger and Homelessness Awareness week

Commr. Sullivan declared November 11-19, 2017 as National Hunger and Homelessness Awareness Week in Lake County and then read and presented Proclamation 2017-135 to Ms. Barbara Wheeler and Ms. Irene O’Malley.

Ms. Barbara Wheeler, Executive Director of the Mid Florida Homeless Coalition, thanked the Board for the opportunity to share.  She remarked that as they approached the holidays, many in the community struggled more than normal.  She recognized Ms. Irene O’Malley, with Lake Cares Food Pantry, on the amazing job she did providing food throughout Lake County to those who are on the border of becoming homeless.  She reported that Mid Florida Homelessness Coalition was striving to end veteran homelessness, stating that out of 382 households in Lake County that were homeless, only five percent were veterans.  She opined they had made great advancements in getting veterans into housing.  She indicated that all the organizations listed on the proclamation worked together to get people into housing and help them be self-sustaining.  She added that they worked with landlords throughout Lake County to find attainable housing. 

Ms. Irene O’Malley, from Lake Cares Food Pantry, mentioned that they would be giving out 500 additional meals for Thanksgiving and Christmas but that they had approximately another 800 families on a waiting list that they probably would not be able to service.  She commented that the U.S. Department of Health and Human Services grant received would help some with what was needed and she thanked the Board for their support and for allowing them to open up an operation in Paisley, Florida.

Commr. Campione thanked Ms. Wheeler and Ms. O’Malley for all the work they do and commented that she had recently met with Ms. Diane Popieski, with The Open Door, and discussed some of the challenges they faced.  She mentioned that she planned to discuss with the Board the possibility of creating a focus group, made up of the non-profit groups listed on the proclamation, in order to consider ways to help meet some of the needs in the county that were not currently being met. 

Commr. Parks remarked that was a great idea and reported that similar discussions were happening through the South Lake Community Foundation and encouraged bringing them into the discussions as well.

Ms. Wheeler added that the Coalition had a governing board that was meeting on November 13, 2017, to discuss their overall plan for continuum of care and she noted that she would bring Commissioner Campione’s suggestion to their attention.  She stated that the Mayor of Eustis sat on the Coalition’s board and they had been looking to get more leaders on the board and encouraged recommendations.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 4, Items 1 through 3, 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.

City of Leesburg Property Annexation

Request to acknowledge receipt of letter from the City of Leesburg regarding the annexation of certain real property into the City of Leesburg consisting of approximately 214 acres and being generally located adjacent to US Highway 27 to the east and west and lying north of Florida’s Turnpike.

Southwest Florida Water Management District

Request to acknowledge receipt of the proposed 2018 Five-Year Water Resource Development Work Program from the Southwest Florida Water Management District, pursuant to subsection 373.536(6)(a)(4), Florida Statutes.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 5 through Tab 13, as follows:

Planning and Zoning

Request approval of the Special Master Agreement between Lake County and Adams Homes of Northwest Florida, Inc. authorizing the property owner to develop the Park Hill Phase II Subdivision with a maximum impervious surface ratio of 45%, and approve payment of the Special Master fees. The fiscal impact is $250.00 (expenditure). Commission District 3.

 

Facilities Management

Request approval of the Lake County Courthouse Fire Alarm Project under Contract 17-0616 (Fire Alarm System Inspection, Testing, Maintenance, Repair, and Installation Services).  The estimated fiscal impact is $217,026.29 (expenditure).  Commission District 3.

Fleet Management

Request approval of contracts under Invitation to Bid number 18-0601 for the provision of on-call towing services to Aces Towing Inc. (Leesburg), Kling Towing & Recovery Inc. (Fruitland Park), and The Truck Shop (Okahumpka), and authorize the Office of Procurement Services to execute all supporting documentation.  The fiscal impact is dependent on need of the services.  The annual cost of services for the prior three fiscal years averaged $34,750.00 (expenditure).

Public Works

Request approval to release a letter of credit of $288,200.00 associated with Commercial/Subdivision Driveway Connection Permit #53137, Right-of-Way Utilization Permit #7352, and Right-of-Way Utilization Permit #7382 for Siena Towers at Bella Collina in the Town of Montverde. The fiscal impact is $590.00 (Revenue).  Commission District 2.

Request approval to:

 1. Accept a maintenance bond of $767,525.76 associated with Development Agreement between Lake County and Family Dynamics Land Company, LLC regarding the construction of the Easterly North Hancock Road Extension.

2. Execute Resolution 2017-143 to accept North Hancock Road “Part” (County Road No. 1354) into the County Road Maintenance System.

There is no fiscal impact from this action.  Commission District 2.

Request approval to assign contract 16-0611B awarded to Neff Rental LLC on March 15, 2016, to United Rentals (North America), Inc. due to the corporate acquisition proceedings; and authorize the Office of Procurement Services to execute all implementing documentation.  There is no fiscal impact.

Request approval of Resolution 2017-144 authorizing the reduction of the speed limit to 30 miles per hour on Lake Eustis Drive in Tavares, and Lakeshore Drive in Eustis, from US 441 north to SR 19.   The fiscal impact is $245.00 (expenditure). Commission Districts 3 and 4.

Information Technology

Request for approval for the lease and maintenance of multi-function copiers through A.D. Solutions (Orlando), and authorize the Office of Procurement Services to complete all implementing documentation. The estimated annual fiscal impact is approximately $165,000.00 (expenditure) based on current equipment configurations and usage.

Library Services

Request for approval approval to adopt the Lake County Library System Annual Plan of Service and Combined Operating budget for Fiscal Year 2017-2018.  There is no fiscal impact of this action.

recess and reassembly

The Chairman called a recess at 10:00 a.m. for 10 minutes.

regular agenda

fertilizer ordinance

Ms. Mary Hamilton, Environmental Services Manager, presented the fertilizer ordinance update based on the Keep Lake Beautiful (KLB) committee recommendations.  She noted that the catalyst for the ordinance was the Florida Springs and Aquifer Protection Act which required that each local government adopt a fertilizer ordinance by July 1, 2017.  She added that this applied to any jurisdiction within a springshed and that Lake County was within the two springsheds of Wekiva Springs and Silver Springs.  She reported that staff surveyed other state jurisdictions and found that 34 counties and 50 municipalities had adopted an ordinance, including neighboring counties.  She remarked that the current Lake County ordinance was adopted on April 18, 2017, and was the State’s model ordinance, which implemented the minimum requirements necessary to meet the legislative request.  She stated that the State’s model was developed through the Florida Department of Environmental Protection, the Association of Landscape Architects, 1,000 Friends of Florida and many other environmental stakeholder groups.  She explained that the general requirements of the ordinance were a 10 foot setback from water bodies, no application during heavy rains, that fertilizer be applied in accordance with the manufacturer’s recommendations and that it be removed from paved surfaces.  Because of the many citizens who expressed concern regarding this ordinance during the April 18, 2017 BCC meeting, the Board asked staff to have the Keep Lake Beautiful committee review and make recommendations to enhance the ordinance.  She indicated that staff met several times with KLB, during the months of June, July and September 2017, and included citizens and environmental groups, Lake Soil and Water Conservation District, Lake County Water Authority, Dr. Laurie Trenholm from the University of Florida Turf Sciences Department, Pinellas County Environmental Management and some industry groups.  The KLB recommendations were finalized on September 25, 2017, and included adding a seasonal ban of phosphorous and nitrogen, increasing the water body application setback from 10 feet to 15 feet and adding a 50 percent slow release nitrogen content requirement.  She explained that the phosphorous and nitrogen summer application ban would be from June through September, in order to address increased runoff potential during the rainy season, and that it was consistent with the Volusia and Seminole County ordinances, noting that 44 percent of counties with a fertilizer ordinance had a seasonal ban.  She stated the fertilizer application setback from water bodies increase from 10 feet to 15 feet provided an additional buffer for fertilizer run-off, did not have a reduced setback exception for cutoff shields, extended the voluntary low maintenance zone to 15 feet, and was consistent with Volusia and Seminole County ordinances, with 18 percent of the counties having increased setbacks.  She commented that the third KLB recommendation to add the requirement for 50 percent slow release of nitrogen content was intended to address the nitrogen leaching potential, would increase to 65 percent in the year 2020 if this product was available at that time, was consistent with the Volusia and Seminole County ordinances, and that 44 percent of counties had a slow release requirement.  She summarized that the revised fertilizer ordinance, incorporating the KLB recommendations, would amend Chapter VI of the Land Development Regulations (LDR’s) to include a seasonal ban of phosphorous and nitrogen from June to September, to increase application and low maintenance zone setbacks to 15 feet and to establish a minimum 50 percent slow release nitrogen content, to be increased to 65 percent in 2020.  She concluded that the Lake County Planning and Zoning Board recommended approval of these revisions and that the requested action was for approval to advertise the revised fertilizer ordinance for public hearing on November 21, 2017.

Commr. Blake commented that in their previous meetings with Dr. Trenholm, she had implied that the seasonal ban was not indicated by the science and he asked if she had made any comments at the KLB meetings regarding the additional setbacks and the percentage of the slow release topics.

Commr. Campione responded that she felt like Dr. Trenholm’s focus was not so much runoff as it was absorption and that she did not have an opinion in regards to increasing the setback distance, but that she was more interested in the seasonal ban.

Commr. Breeden added that in the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) best management practice publications they did recommend slow release formulas. 

Ms. Hamilton read some of the minutes from the KLB July 18, 2017 meeting stating that Dr. Trenholm provided information regarding her research on the fertilizer study and that she reported when applying fertilizer to an actively growing, healthy, conditioned turf, that the turf was able to absorb all the nitrogen and phosphorous.

Commr. Campione commented that was in actively growing, healthy turf and not when the turf was unhealthy.

Commr. Blake recalled Dr. Trenholm making the comment that she was opposed to the idea of the seasonal ban but that if a ban was implemented, it would make more sense to do it in the winter when the root system did not absorb everything.

Commr. Parks asked if there was any discussion of using low phosphorous fertilizers.

Mr. Nick Mcray, Lake County Public Works Stormwater Manager, replied that there was no discussion of a reduced phosphorous but only a blackout ban from using it.

The Chairman allowed public comment. 

Ms. Erica Marie Santella, a resident of Sorrento and Technical Manager for TruGreen Lawn Care, asked the Board to keep Ordinance 2017-17 as it currently was written.  She mentioned that as the Technical Manager for TruGreen’s 20 Florida branches, she had participated in the ordinance discussions throughout the state since 2007 and was a part of the Best Management Practice (BMP) development.  She stated she had a Bachelor’s and Master’s degree in Agronomy and was a Department of Environmental Protection (DEP) certified BMP instructor. She opined that fertilizer does not move from where it is placed and therefore the science supported the current ordinance through the DEP.  She commented that the lawn care industry understood water quality and plants and that she had worked on this issue for more than 20 years, starting when DEP first approached the industry and asked them to be a part of the solution to the water quality problem.  She did not deny that there was phosphorous and nitrogen in the water, but opined that keeping items like fertilizer, tree leaves and grass clippings off of hard surfaces was the best way to protect the water.  She opined that turf needs to be fed slowly during the growing season and that the ban would force the landscape industry to apply heavy applications of fertilizer ahead of the ban period and after the ban period.

Ms. Susan Fetter, a resident of Leesburg, showed underwater pictures of Alexander Springs in Lake County and opined that the water quality in the springs was not as good now as it was years ago.  She commented that changing the fertilizer ordinance was an important step to improving the waters in the springs and that she supported the changes as recommended by the KLB committee.  She encouraged the Board to advertise the fertilizer ordinance for a public hearing and then she submitted a list of possible products that could be used during the summer ban.

Ms. Lavon Silvernell, a resident of Astatula and a member of the Keep Lake Beautiful committee, stated she grew up in Central Florida and remembered the springs and lakes when the water was a better quality.  She thanked the Board for sending the fertilizer ordinance to the KLB committee and mentioned that the information presented to KLB by the Pinellas County Environmental Management indicated that there was no loss of income to their landscape companies.  She encouraged the Board to pass the ordinance and then consider focusing on the education of proper fertilizing.

Ms. Marjorie Holt, a resident of Orlando and a member of the Sierra Club Central Florida Group, mentioned that Lake County was part of her territory for the Sierra Club and often the destination for their outings program.  She stated that clean water and clean habitat were important to her organization.  She opined there were good reasons to focus on urban fertilizer, commenting that strong ordinances were low cost alternatives that could make a difference because preventing fertilizer pollution was more cost effective than tax funded cleanup projects and that strong ordinances had been successful in both reducing the amount of nutrient pollution in at-risk water bodies and maintaining lush Florida landscapes.  She further opined that it was time for Lake County to adopt strong fertilizer management practices that would lead professionals and citizens to more wisely manage residential fertilizer all year long.  She indicated that the Sierra Club urged the Board to enact the ordinance and summertime ban.

Ms. Jennifer Bryan, Executive Director of the Florida Golf Course Superintendents Association, explained she was representing the Environmental Research and Education Foundation (EREF), which represents the green industry stakeholders and those they employ.  She indicated that EREF supported the fertilizer ordinance, except for the four month blackout period, and encouraged the Board to include an exemption during the blackout for professionals and BMP trained homeowners as a way to distinguish between those who managed fertilizer responsibly and those who were uneducated on proper fertilizer application.  She remarked that both Orange County and Citrus County had professional exemptions and that education should be the center piece of the fertilizer management.

Dr. Eric Brown, an agronomist for Massey Services with an advanced degree in soil chemistry and plant nutrition, stated that in urban landscapes there are funnels, filters and hard surfaces that funnel water down into retention basins.  He indicated that best management practices kept those funnels clean from debris.  He urged the Board to follow the DEP study that was done at the University of Florida, which discovered that plant nutrition stays where it is placed.  He added that slow release materials extend the period of feeding and eliminate peaks and valleys of nutrition and that 50 percent slow release was a good amount to accomplish this.  He opined that education on the proper use of fertilizer was the key and that growing healthy plants to filter pollutants and nutrients would keep water bodies safe.    

Mr. Lee said that as a representative of Audubon Florida, he felt the organization would recommend adopting the summer blackout period.  He mentioned that many recent ordinances adopted within the state included the summer blackout period and enhanced restricted zones.  He explained that in ideal conditions there would be an uptake of nutrients by plants, but ideal situations did not happen that often and that usually there would be a trailing off of percentages in the uptake of fertilizer.  He commented that the baseline in the DEP recommendations referred to heavy rain amounts, which could happen during Florida’s summer months, and that these heavy rains caused fertilizer to go into the ground water faster than the plants could absorb it.  He opined that under these circumstances, the fertilizer would go into water bodies regardless if they were applied with care. 

Commr. Parks shared a quote from President Reagan, “if we have learned any lessons during the past few decades perhaps most important is that preservation of our environment is not a partisan challenge.  It is common sense.  Our physical health, our social happiness and our economic well-being will be sustained only by all of us working in partnership as thoughtful, effective stewards of our national resources.”  He specified that as a resident of south Lake County, living near Clermont, he understood that lakes and their water quality were an important aspect and that they can be sensitive to the influence from nutrients, not just fertilizer but septic tanks, stormwater runoff and other sources.  He stated he would take a conservative approach to protect the water resources, not only because it was important to protect the lake water quality but also because in both south and north Lake County, there were businesses that centered around the lakes and the water quality, which could have an economic impact.  He stated that he supported the KLB recommendations and stressed the importance of education and the need to build a culture where local homeowners were aware of the consequences of over application of fertilizer.

Commr. Breeden thanked Keep Lake Beautiful and Lake County Planning and Zoning for all their efforts, input and support of the amended fertilizer ordinance.  She also thanked Ms. Fetter for meeting with her and answering all of her questions.  She specified that she did not support the four month blackout period but did support the Orange County model, which exempts commercial applicators and citizens who go through the best management training.  She opined that giving the homeowner a chance to be exempted gave them an incentive to become educated.  She noted that on page four, section D3 of the ordinance, there should be an “or” after shrubs.   

Commr. Blake said he appreciated the advice of Keep Lake Beautiful and Lake County Planning and Zoning but that he thought the expert testimony that had been presented earlier did not support the additional regulations, specifically the blackout period.  He reiterated that he voted to support the state mandated minimum standards because it seemed like those who had done the most research on this topic were saying that there was no benefit from putting additional regulations into the ordinance.  He noted that he could not justify adding the additional regulations just because Volusia and Seminole County had added them.  He remarked that for these reasons, and because it would also be difficult to enforce the regulations, he opposed moving the ordinance forward.

Commr. Campione stated she supported the blackout period because the summer rain can be unpredictable and the runoff was an issue.  She mentioned that the research presented was about the absorption and whether it was affecting the springs.  She felt that since there were other, safer products available, that could still enhance the lawn, the blackout would not affect the commercial businesses.  She opined that having blue water rather than green grass was important to her, especially in Lake County, and she hoped the ordinance would get passed.  She opined that the blackout period would make people stop and think before they fertilized and was a part of the education piece.  She mentioned that other counties were putting education and best management practices on their websites and rolling it out to local stores.  She agreed that enforcement would be difficult; however, she felt it was about setting a standard and emphasizing why it was important by showing the correlation between fertilizer and water quality.  She thought it was a step in the right direction and she would support it.

Commr. Sullivan indicated that he supported the slow release component and increasing the setbacks but did not support the seasonal ban unless professionals and BMP trained citizens were exempt from that, especially since the summer was when most nutrients were absorbed in order to last through the winter season.  He remarked that he did not want to legislate something that could not be enforced. 

Mr. Mcray said the training through UF/IFAS was a six hour course; however, Orange County offered a shorter online training for homeowners. 

Ms. Melanie Marsh, County Attorney, stated that changes could be made during the public hearing but if there were current changes the Board wanted to make prior to advertising the public hearing, that could be done and then it could be advertised with the changes.  She noted that only less restrictive changes could be made at the public hearing, for example, adding the exemption piece.  She said that if the Board added more restrictions at the public hearing, then they would need to re-advertise. 

On a motion by Commr. Parks, seconded by Commr. Campione and carried by a vote of 3-2, the Board approved the request to advertise the revised fertilizer ordinance as recommended by Keep Lake Beautiful and the Lake County Planning and Zoning Board for public hearing at the November 21, 2017 Board meeting, with one change to page four, section D3 of the ordinance, adding an “or” after shrubs.

Commr. Sullivan and Commr. Blake voted no.

max hooks road and montevista farms

Mr. Fred Schneider, County Engineer with the Lake County Public Works Department, presented information on the Max Hooks Road proposed improvement.  He started with the background of the project stating that on December 6, 2016, the Board approved GAI Consultants to commence the design of the South Lake Regional Park, with 30 percent of the design currently completed.  He noted that the Board also requested an analysis of options for the design of Max Hooks Road, including an evaluation to protect existing trees in the right-of-way.  He reported that GAI had completed the evaluation of the design concepts and cost estimates and would present those options.

Mr. Frank Bellomo, with GAI Consultants, described that the South Lake Regional Park was located directly south of State Road (S.R.) 50, was surrounded by the City of Groveland and Montevista Farms, was accessible via Max Hooks Road, consisted of 141 acres and was proposed to be constructed in three phases.  In regards to Max Hooks Road, he explained that it provided the only access to the park, had a limited right-of-way of 50 feet, and did shift some from west to east.  He elaborated that the existing roadway lane width and the surface of the road was not adequate nor designed to handle the expected traffic volumes for both the park and any future development.  He remarked that the corridor had a significant number of large oak trees with almost all of them being negatively impacted by necessary road and utilities construction.  He also noted that the road was directly adjacent to a mobile home park with homes set very close to the right-of-way and existing edge of the roadway pavement.  He reported that the required utilities for the park would be provided by the City of Groveland and included potable water, sewer and reclaimed water and would come from S.R. 50, south down Max Hooks Road.  He indicated that Montevista Farms, LLC requested that the utilities be extended to their development, which was south of the park.  He mentioned that the County hired an arborist to determine the condition of the 21 trees within the critical area of road and utility construction along Max Hooks Road, five of which were recommended for removal due to poor health and the remainder being in fair to good health.  He elaborated that the distance from the mobile homes on the east side of the road to the edge of the existing pavement varied from 4.5 to 16 feet and that it was approximately 20 feet from the right-of-way and the edge of the pavement to the closest tree.                  

Mr. Bellomo presented three options that could be utilized for improving Max Hooks Road as follows: option one was the median concept, which would consist of a center median with newly planted live oak trees, a travel lane in both directions and a five foot sidewalk along the east side where the mobile homes were located; option two was the 2-lane curbed concept, which included a paved and curbed roadway with a closed drainage system, live oak trees and native grasses to the west and a ten foot wide multi-use trail between the roadway and the mobile homes; option three was a roadside swale concept with an open drainage system within a swale on the west side, included live oak trees and native grasses within the swale side landscaping and a five foot sidewalk between the roadway and the mobile homes.  He then showed aerial and cross section drawings of each of the options and noted that with all three options, all but two of the existing trees would have to be removed.  He reported that the preliminary costs estimates for each option, to include the roadway construction, utilities, sidewalk and right-of-way acquisition, was $1,856,139 for option one (median concept), $1,849,728 for option two (2-lane curbed concept) and $1,621,340 for option three (roadside swale concept.)   

Mr. Schneider reported that following negotiations with County staff, Montevista Farms, LLC had agreed to pay 50 percent of the construction cost of Max Hooks Road and the utilities from S.R. 50 to the South Lake Regional Park, and would pay 100 percent of the cost to extend the road and utilities south to their property.  He added that the county maintained road was paved from S.R. 50 almost to the Montevista Farms property, where it turned into a dirt road, and Montevista Farms had worked out an agreement with adjoining property owners for their access and extension of utilities.  He stated the County would provide right-of-way in order to continue the paving to the south.  He summarized that the South Lake Regional Park would require improvements to Max Hooks Road for access, the extension of utilities from S.R. 50 south to the park, and each concept considered would have significant impacts to the existing tree canopy, which was centered in the right-of-way of Max Hooks Road.  He commented that after staff analysis and due to the proximity of existing homes and the concerns with roadside safety, staff recommended option two, the 2-lane curbed concept, because it provided the best opportunity to replace trees, add landscaping and provide improved pedestrian and bicycle safety.  He asked the Board for approval of option two to improve Max Hooks Road as a two lane road with curb, gutter, and a multi-use trail and to proceed with the final design and permitting of Max Hooks Road utilities and for approval of the agreement with Montevista Farms, LLC for 50 percent of the cost of the phase one construction for the road and utilities from S.R. 50 south to the park.   

Commr. Sullivan opined that this was the best use of the property and the fastest way to get a park in south Lake County and that the Board should move forward with approval since this would be a multiyear project.  He said he supported option two and liked the trail that was part of it because it fit with the trail process that had been considered for south Lake County. 

Commr. Breeden stated she supported option two and asked what was on the other side of the tree line as the drawing made it appear that there was only seven feet in that area and she opined that was not enough room for the oak trees.  She remarked that the first agreement for the park was with the City of Clermont four years ago and at that time, this was not the staff preferred site but that she did support moving forward at this time. 

Mr. Bellomo replied that the majority of what was adjacent to the tree area was green space.

Mr. Schneider added that across the street from the mobile homes was a conservation area, several homes with large parcels and then the park.

Commr. Parks commented that this park was something the county needed and spoke to the quality of life in Lake County and these next steps would keep the project moving forward.  He added that the original preferred site was not far from this site and was going to be costly as well.  He mentioned that Governor Scott allowed the public-private partnership to be enhanced so that someone could present a public- private partnership opportunity with the County.  He stated, for instance on this park site, the partnership could be to build the park or to move all the dirt from the area.  He said he appreciated everyone’s comments and the City of Groveland being present at the meeting and that he supported option two and the agreement with Montevista Farms, LLC.  He indicated that the City of Groveland was growing rapidly and had a level of service for parks, trails and recreation that they needed to provide for their residents.  He opined that constituents liked to see city and county partnerships where there were not duplications of services and where there could be a cost savings to everybody and this provided that opportunity between the City of Groveland and the County. 

Commr. Campione opined that there was not a clear understanding of the amount of dirt that would need to be removed from the site and what the costs would be for this removal.  She commented that she was supportive of having a South Lake Regional Park and did not want to hold up the process; however, she opined that some of the key details appeared to be missing in order for her to support spending a large amount of money on this type of investment.  She specified that staff was told that to move all the dirt on this park site, it would take 30 trucks per hour, one truck every two minutes, for ten hours a day for 299 days and she opined that it would take longer than that.  She asked how the process would work when trying to remove dirt, build a park with ball fields and build a road.

Commr. Parks replied that he had looked at 50 sites throughout Lake County for this park and that many of them had some of the same challenges. 

Mr. Schneider responded that staff needed to work on the logistics of the dirt removal and when to build the road in relation to removing the dirt from the park site.  He added that there were options to build the new road and have trucks using it or build a temporary road for the trucks to use, while leaving the existing road for residents until the new road could be built.  He remarked that staff needed to determine when the dirt needed to be moved, how much needed to be removed, how it would be addressed in regards to the mobile homes and the children in the area and constructing the utilities at the same time.  He mentioned that there could be three different phases to this process.      

Mr. Cole reported that staff was currently working on a request for proposals including three possible options; option one would be mass grading the entire site, including phases one, two and three, then cutting and filling and exporting the excess soil, which would take the timeframe that Commissioner Campione referenced earlier; option two would be mass grading of phase one or phases one and two and exporting excess soil; option three would be mass grading of just phase one, cutting and filling and then storing excess soil in the phase three area.  He expected to present the recommendations from staff to the Board in January 2018.

Mr. Schneider remarked that working on the maintenance of traffic would be part of the design responsibility of GAI Consultants.

Commr. Breeden asked how long was the normal design and permitting for this road.

Mr. Schneider replied it would take six months.

Mr. Bellomo stated they would not do final construction on the roadway and then start the truck traffic.  He elaborated that they would have to do an analysis to consider whether it was a better option to have a partially completed road without the final lifts of asphalt or a separate access road on the other side of the trees to separate the road from the mobile homes.  He reiterated that the dirt would have to be removed in order to construct the ball fields and they would make sure it was done as safely and quickly as possible with the least amount of impact.

Commr. Campione asked if the cost to build a temporary road was factored into the overall cost.

Mr. Bellomo responded that if the solution was a separate, temporary roadway then staff would need to consider the cost for that but if the solution was that Max Hooks Road was constructed to a certain level, with the final lifts of asphalt left to be done, then there would not be an additional cost and it would be completed after all the truck traffic.  He added that if the Board chose option two, then there would be enough separation from the truck traffic and the mobile homes since there was three feet of landscaping, a ten foot trail, an additional four feet of landscape and the existing separation.  He added that staff would need to be comfortable that it was separated enough, compare it to the cost of a temporary road and then make a decision on the best option.

Mr. Schneider mentioned that staff would most likely build the first part of the new road and it would be structurally sound to handle heavy trucks and then the last lift of asphalt could be added later.  He said this would provide a separation from the mobile homes and the children in the area and that they could possibly install temporary fencing between where the trail would be and the road.

Mr. Cole indicated that the request for proposal would include how long it would take and he added that on December 19, 2017, the Board would be having a financial workshop to discuss sales tax projects.  He noted that there were some unsolicited proposals that the Board could consider that would fall under Governor Scott’s public-private partnership aspect.

Commr. Blake commented that he did not consider the construction of athletic fields as a core function of government but he understood that the citizens of Lake County voted to implement a categorized infrastructure sales tax.  He said he was fine with constructing and financing the South Lake Regional Park through the sales tax but agreed with Commissioner Campione that if they were going to spend that amount of money, than the Board should make sure it was done correctly.  He specified that he would like to have all the information, especially the costs, before he made a decision to move it forward.

Commr. Campione shared concerns regarding the fact that the park site was previously a spray field and that the property near the park had been used as a landfill.  She said that the County determined the park site property did not have any health issues; however, the other property showed there were contaminants on that property, but they were moving away from the park site.  She opined that the Board had a duty to ensure that there was not any remediation that needed to happen and she proposed the Board work with the City of Clermont to take some soil tests.

Commr. Parks responded that he appreciated Commissioner Campione’s concern but he felt that the question of pollutants on the site and how usable the site was had been answered for phase one and two.  He asked if there was a geotechnical consultant that could be used to review the data.

Commr. Sullivan stated that the County did not own the other property near the park and that it was the City of Clermont’s responsibility to test the soil. 

Mr. Cole replied that as part of the phase two assessment that was done on the South Lake Regional Park, there was monitoring of wells that had been put on the landfill site.  He reported that the test results showed the contaminants were moving southeast, away from the park.

Commr. Parks remarked that if it showed it was migrating towards the park, he would not support the park site.

Ms. Marsh commented that the last environmental study indicated that the wells had been closed, capped or taken out.  She said there were four or five there when they originally did the environmental assessments, but that she could confirm if there were any still there and let the Board know.

Commr. Breeden suggested that they move forward with the proposal while they work on environmental testing.

Commr. Campione mentioned that in regards to picking a road design, assuming there were not additional costs for dirt removal or for building a temporary or partial road, the County owned that property and there needed to be a road built on it regardless, even without the park.  She suggested the Board wait to get answers on the dirt removal and possible additional costs.

Commr. Sullivan opined that with a project of this magnitude, there would most likely be cost shifts. 

 Mr. Cole asked Mr. Bellomo what would be the next steps if the Board approved option two.

Mr. Bellomo replied they would ask Booth, Ern, Straughan, & Hiott (BESH), the civil engineer for the project, to immediately finish designing the road and look at the maintenance of traffic plan and the best way to remove the dirt in conjunction with the design of Max Hooks Road.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried by a vote of 3-2, the Board approved the recommended design option two to improve Max Hooks Road, the access road for the South Lake Regional Park, as a two lane road with curb and gutter, and a multi-use trail and to proceed with the final design and permitting of Max Hooks Road and utilities and the Board approved the agreement with Montevista Farms, LLC for the 50 percent of the cost of the phase one construction, with the addition of a request for staff to enter into a conversation with the City of Clermont on the status of the landfill on their property to include possible soil testing and the suggestion that a geotechnical person be involved in those conversations with the city.

Commr. Campione and Commr. Blake voted no.

addendum – county manager’s regular business

Mr. Cole stated that the County provides the Lake Sumter Metropolitan Planning Organization (MPO) and Lake Emergency Medical Services (EMS) with pooled cash, which is access to a set amount of County funding, that the Board established, in order for Lake-Sumter MPO and Lake EMS to pay bills while they await revenue.  He specified that County policy LCC-97 requires that if the Lake Sumter MPO or Lake EMS exceed their pooled cash limits, then the County Manager is required to notify and bring the item before the Board for consideration.  He noted that the County policy includes three options for the Board: to waive the limitation; to direct the Clerk to cease paying the obligations of Lake EMS; or to take other action as the Board deems just and necessary.  He reported that on October 30, 2017, the Lake County Clerk’s Office notified him that Lake EMS had exceeded its monthly one million dollar pooled cash limit by more than $174,000 as of September 30, 2017.  He deferred to the Board which of the three options they wished to pursue or if they wanted him to make a recommendation.  He noted that the Lake EMS Executive Director was present and available if they had questions. 

Commr. Breeden asked if Mr. Cole had a recommendation.

Mr. Cole replied that his recommendation would be for the Board to increase the Lake EMS pooled cash limit to $1.5 million until February 1, 2018, which would allow Assistant County Manager, Mr. John Molenda, and himself to work with the Executive Director of Lake EMS to identify other potential options and to ensure the availability of operational funding moving forward.  He added that after those meetings, he would then come before the Board at their January 23, 2018 meeting with a recommendation.

Commr. Sullivan asked if the normal monthly cash flow through Lake EMS was approximately a million dollars.

Mr. Cole responded that the cash collections in June 2017 were a little over a million, in July 2017, they were $1.3 million, in August 2017, they were $1.25 million, and then they dropped to $950,000 in September 2017 and he was waiting for October 2017 information.

Commr. Sullivan opined that if Lake EMS cash collections were approximately at a million dollars each month, then giving a temporary $1.5 million was the right amount.

Commr. Parks asked Mr. Cole to elaborate on the option for the Board to take other action as it deemed just and necessary.

Mr. Cole replied that was his recommendation to use that component of the policy to take other action, which would be to increase it temporarily to $1.5 million until February 1, 2018, and that would be a time period to allow himself, the Assistant County Manager and Lake EMS Executive Director to identify other options to ensure they have operational funding to pay bills each month.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to temporarily increase the Lake Emergency Medical Services pooled cash limit to $1.5 million until February 1, 2018.

reports 

County manager

hurricane debris update

Mr. Cole reported that 243,029 cubic yards of the total estimated 300,000 cubic yards of debris from Hurricane Irma had been collected, which represented 81 percent collected.  He commented they were still working on the first collection through the county with expectations to be completed within the next 30 days and then they would do a second collection.  He added that the total estimated number of debris could increase to 400,000 cubic yards because even after initial debris was collected, residents continued to clean up from the hurricane and more debris was placed by the street curbs.  He specified that neighboring counties were at these percentages for collected debris: Sumter 87%, Polk 85%, Volusia 82%, Seminole 71%, Osceola 50% and Orange 49%.  He recalled that permit fees for hurricane related repairs were waived and residential storm debris fees at the landfill and convenient centers had been waived and he reported that the Office of Building Services had issued 248 permits for hurricane related repairs, which involved waiving $26,000 in fees, and the landfill had waived $85,000 in fees.

mulch available at landfill

Mr. Cole commented that debris brought to the landfill was being mulched and that it was available to the public at no charge.  He said the phone number for debris collection information was (321)-354-1809 and was also on the Lake County website.  He added that the monitoring company, Tetra Tech, was staffing the phone line daily between 8:00 am to 5:00 pm, seven days a week.  

Commr. Sullivan commended staff and the contractors for working together and for their efforts to get hurricane debris collected.

Mr. Cole added that staff from various departments had been working long hours to get the job completed.

Habitat presentation

Mr. Cole stated that the Habitat Presentation was December 5, 2017.

county offices closed for Veteran’s day

Mr. Cole remarked that County offices were closed on Friday, November 10, 2017, in honor of Veteran’s Day.

Astor

Mr. Cole reported that Mr. Robert Chandler, Agency for Economic Prosperity Director, would be doing a presentation at the next Board meeting regarding some of the efforts staff was recommending for Astor due to the flooding in that area.  He added that he had discussions with the St. Johns River Management District around river flows, how they were managing the upper basin to the St. Johns River and how that was impacting the Astor area from the recent storm and potential future storms.

commissioners business

commissioner parks – district 2

road dedication for sergeant roberts

Commr. Parks reported he attended a road dedication for Sergeant Marvin Roberts in Groveland and he commended the Lake County Property Appraiser Mr. Carey Baker, who did a wonderful job giving the history of what happened at the Battle of the Bulge that resulted in Sergeant Marvin Roberts sacrificing his life for his country.

 

 

 

world war ii monument dedication

Commr. Parks recognized Commissioner Sullivan for his presentation dedicating the World War II Monument at the Veteran’s Memorial Park in Leesburg.  He stated that he very eloquently quoted President Washington in his presentation.

law enforcement walk

Commr. Parks participated in a law enforcement walk with Sheriff Grinnell.

taste of south lake

Commr. Parks commented that the Taste of South Lake was a good event and commended Mr. David Colby, South Lake Chamber of Commerce President, for a great turn out to the event.

montverde day

Commr. Parks invited the Commissioners to Montverde Day on Friday and Saturday, November 10th and 11th, 2017.

commissioner breeden – district 3

senate bill 574

 Commr. Breeden encouraged the Board not to support Senate Bill 574.

Ms. Marsh indicated the bill was filed the previous week and would preempt the County in regulating any tree removal or the burying of vegetative debris.  She stated that the current county code has mitigation requirements specifying which trees can or cannot be removed, but if the Senate Bill 574 passed, those decisions would be left to the State and the County would not have control.  She added that it was Florida Senator Greg Steube’s bill and was a result of some issues he had in the Sarasota area.

Commr. Campione asked if the goal was to put regulations in place at the state level or was the senator opposing any type of tree restrictions.

Ms. Marsh replied that the bill had nothing that gave the State any regulatory control but it did say that the County could not regulate it.  She stated there was an article in the Florida Association of Counties (FAC) News regarding the senator and why he was proposing this bill.   She indicated she would send the Board the article.

Commr. Parks commented he had concerns about it and did not think the State could regulate that.

Ms. Marsh added that it was her understanding that the Florida Association of Counties was fighting against the bill since they had heard from several counties who had concerns.

Commr. Campione opined it was an interesting topic and had heard there was support for the decision to belong to the property owner and that they should have the right to decide how many trees they want on their own property.

Commr. Breeden added that Lake County’s tree ordinances needed some revisions and that the clear cutting of all trees from developments was a problem.

Commr. Parks commented that Sarasota likely has a strict code but opined that government should not apply legislature to the entire state when it was possible that just one area needed to be more balanced and reasonable.

Commr. Blake stated that in Lake County there are tree mitigation procedures in place that require the private property owner to pay to replace the trees removed and pay a removal fee to the County.  He indicated he would be willing to discuss getting rid of charging the property owner a fee to remove the tree if they do it themselves.

Commr. Campione thought this was good timing because during Hurricane Irma the Board discussed the possible need to look at the County’s tree ordinance so that they were not promoting trees in locations that might affect power lines.  She added this might be a good catalyst to have a discussion around how it was being done in Lake County and she agreed that the County should not make a property owner pay a fee to take out a tree on their own property.

commissioner campione – district 4

homelessness and housing

Commr. Campione presented the idea of getting interested staff together to discuss homelessness and housing, with a focus on housing needs, and to include a comparison of what other areas were doing, what were cost effective ways to help with this and possible partnering with a non-profit organization.  She encouraged the Board to include Ms. Diane Popieski, with The Open Door, in the discussion because of her direct involvement on a daily basis with people who need a place to stay.  She commented that during the recent hurricane it was hard to find places for people to stay as immediate housing options were limited. 

Mr. Cole noted that his staff would work on organizing this and would follow up with the Board.

Commr. Breeden commented that there were two issues, one being affordable housing and the other homelessness.

Commr. Campione stated she preferred to focus on transitional housing and taking care of immediate needs.

Commr. Sullivan added that the City of Leesburg did a study of homelessness and its effect on the city.  He reported that they discovered that two of the largest populations of homeless individuals migrated between Eustis and Leesburg as those cities had food bank resources.

Commr. Campione noted that there were some homeless people who did not want shelter but some who would utilize a shelter if there was one available.  She stressed the importance of talking to people who work in this field because they know and understand the difference between the two. 

fire station #14 opening

Commr. Campione mentioned the Grand Opening of Fire Station #14, in Altoona, opening the following Monday, November 13, 2017.

sign ordinance workshop

Commr. Campione asked if the Board was interested in holding a sign ordinance workshop to look at ways to make the process better and more reasonable. 

Ms. Marsh added that she had all of the cities’ and surrounding counties’ ordinances and that her staff could go through those and make recommendations to the Board.

commissioner blake – district 5

astor

Commr. Blake thanked Commissioner Campione and Mr. Robert Chandler for setting up an opportunity for Astor residents to gather and discuss clean-up efforts from the hurricane and getting help from FEMA, reporting that the water level was finally going down in that area.

Landscape regulations

Commr. Blake asked that all landscape regulations be included when the Board discusses Land Development Regulations (LDR’s).

commissioner sullivan – chairman and district 1

east lake chamber opening

Commr. Sullivan reported that he participated in the East Lake Chamber grand opening and that many at that event had concerns regarding the Wekiva Parkway and S.R. 435 area.

world war Ii monument dedication

Commr. Sullivan restated that he did participate in the Veterans Memorial Park dedication of the World War II Monument ceremony.  He thanked the Board for attending.

veteran’s day

Commr. Sullivan recognized that the coming Saturday was Veteran’s Day and that there were several events across the county, noting that Astatula was having an all day festival including special speakers.  He stressed the importance of remembering the sacrifices that many had made for our country.

recess and reassebly

The Chairman announced at 12:30 p.m. that there would be a recess until the closed session at 1:30 p.m. 

closed session

Ms. Marsh reported that she had asked for the closed session as authorized by Florida Statutes 286.011 to discuss pending litigation against the County.  She noted that it would be confined to settlement negotiations or strategy sessions relating to litigation and its expenditures.  She added that once the closed session started, the court reporter would record the entire session, from when they began to when they ended, and would include all discussions in the proceedings, including the names of all persons present at any time and whoever spoke.  She elaborated that none of the session could be off the record.  She commented that the court reporter’s notes would be transcribed and that they would be made public when the litigation was concluded.  She explained that at the beginning of the session the entity was required to give notice of who would be there and staff was required to advertise the closed session.  She reported the advertisement ran on October 27, 2017, in the Daily Commercial and that she had a copy of that advertisement.  She stated the persons at the meeting would be all of the Lake County Board of County Commissioners, the County Manager, Attorney Greg Stewart with Nabors, Giblin & Nickerson P.A. and herself.  She mentioned that the session would probably take an hour and that they were ready to begin and asked for the recording to be turned off and the doors set so people could not enter.

recess and reassembly

At 2:35 pm the Chairman announced that the Closed Session had ended and that the Board Meeting was reconvened.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:35 p.m.

 

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timothy i. sullivan, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK