A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
january 14, 2020
The Lake County Board of County Commissioners met in regular session on Tuesday, January 14, 2020 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Wendy Breeden, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Kristy Mullane, Chief Financial Officer; and Kathleen Bregel, Deputy Clerk.
INVOCATION and pledge
Dr. Isaac Deas of Cornerstone Hospice gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Jeff Cole, County Manager, stated that the attachment for Tab 24 had been updated the previous week prior to the final revisions, and that Tab 29 had been added at the request of Commissioner Parks.
Commr. Campione announced that Employee Service and Quarterly Awards would be moved to later in the meeting.
Minutes approval
On a motion by Commr. Blake, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the minutes for the Board of County Commissioners (BCC) meetings of October 22, 2019 (Regular Meeting) and November 5, 2019 (Regular Meeting) as presented.
citizen question and comment period
No one wished to address the Board at this time.
PROCLAMATION 2020-1
On a motion by Commr. Breeden, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved Proclamation 2020-1 designating the month of January 2020 as Human Trafficking Awareness month in Lake County.
Commr. Campione then read and presented Proclamation 2020-1 to the Human Trafficking Task Force Team in Lake County. She shared the Board’s appreciation for the positive difference this team makes in the lives of those within the community, and thanked them for the tremendous, difficult work they perform.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 4, 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 Eustis Ordinances
Request to acknowledge receipt from the City of Eustis Ordinances 19-23 and 19-24 annexing the Eustis Middle School property into the City of Eustis and changing the Future Land Use designation to the City’s Public Institutional.
City of Minneola Ordinances
Request to acknowledge receipt of the City of Minneola’s Comprehensive Plan Amendment Ordinance 2019-13 and corresponding annexation and rezoning Ordinance 2019-12 for the approximate 0.78 acres of property located at 18130 U.S. Highway 27 in the City of Minneola
City of Minneola Ordinances
Request to acknowledge receipt of the City of Minneola’s Comprehensive Plan Amendment Ordinance 2019-15 and corresponding annexation and rezoning Ordinance 2019-14 for the approximate 0.976 acres of property located at 18142 U.S. Highway 27 in the City of Minneola.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Breeden, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 23, as follows:
ADMINISTRATIVE SERVICES
Information Technology
Request approval of an authorization letter to the United States General Services Administration requesting that authority of the website domain lakecountyfl.gov be delegated to Lake County. The fiscal impact is $400.00 (expenditure).
Management and Budget
Request approval to advertise an ordinance to amend Section 2-24, Lake County Code, entitled Lake County Investment Policy; Investment of Surplus Funds; Authorized Investments to update position titles. There is no fiscal impact.
Procurement Services
Request approval to declare items as surplus, and authorization of their removal from the County’s official fixed asset inventory system records. The fiscal impact (revenue) cannot be determined at this time.
AGENCY FOR ECONOMIC PROSPERITY
Request approval of an amendment to the Real Estate Option to Purchase Agreement with Project Rapid. There is no fiscal impact. Commission District 1.
Request:
1. Approval of Resolution 2020-2 that: recommends Project Breeze be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes; affirms this is a manufacturing project; requests a waiver of the average wage requirement of Section 288.106(4)(b)1.a, Florida Statutes; and provides for local 20 percent financial support per Section 7-4, Lake County Code, after finalization of an agreement and public availability of Project Breeze information.
2. Authorization for the Chairman to execute the agreement upon review by the County Attorney's Office.
The fiscal impact is estimated at $20,000.00 over five years, providing all requirements are met (expenditure). Commission District 1.
Request approval of a Director Level Partnership with the Orlando Economic Partnership. The fiscal impact is $50,000.00 (expenditure).
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Animal Services
Request approval of an Animal Shelter Training Partnership Agreement with Beacon College. There is no fiscal impact.
Fire Rescue
Request approval to purchase ancillary equipment from Stryker Medical (Portage, MI) for the new rural rescue ambulance at Fire Station 15 in Pine Lakes. The fiscal impact is $79,435.34 (expenditure). Commission District 5.
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Request approval:
1. Of Contract 20-0904 for on-call facility construction services with the following pool of vendors: Advanced Commercial Contractors, Inc. (Eustis, FL), BG Southern Division, LLC (Orlando, FL), Boulevard Contractors Corp. (Winter Springs, FL), Emmett Sapp Builders, Inc. (Wildwood, FL), General Mechanical Corp. (Daytona Beach, FL), Ruby Builders, Inc. (Orlando, FL), Ryan Fitzgerald Construction, Inc. (Mount Dora, FL), Rybek Construction, Inc. (Tavares, FL), and Waterman Construction Corp. (Umatilla, FL).
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated annual fiscal impact is $200,000.00 (expenditure).
Request approval of Contract 20-0912 with Rybek Construction, Inc. (Tavares, FL) for security upgrades to the County Administration Building. The fiscal impact is $38,326.34 (expenditure). Commission District 3.
Housing and Human Services
Request approval of the Fiscal Year 2019 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program. There is no fiscal impact.
Public Works
Request approval of:
1. Contract 19-0924 with Burgess & Niple, Inc. (Orlando, FL) for engineering and design services for safety improvements along County Road (CR) 452, from CR 44 to the Lake/Marion County boundary, for approximately 9.3 miles in length.
2. Unanticipated Revenue Resolution 2020-3 to provide for the receipt and appropriation of grant funds received from the Florida Department of Transportation.
The fiscal impact is not to exceed $605,207.04 (expenditure - $600,325.00 in grant funds and $4,882.04 in County funds). Commission Districts 4 and 5.
Request approval of:
1. Contract 19-0923 with Traffic Engineering Data Solutions, Inc. (DeBary, FL) for engineering and design services for safety improvements along Lake Ella Road from NE 90th Street (Cherry Lake Road) to U.S. 27 near the City of Fruitland Park.
2. Unanticipated Revenue Resolution 2020-4 to provide for the receipt and appropriation of grant funds received by the Florida Department of Transportation.
The fiscal impact is $141,190.03 (expenditure - 100% grant funded). Commission District 5.
Request approval of Resolution 2020-5 to reduce the speed limit from 35 MPH to 30 MPH on Rose Avenue/County Road (CR) 468, from CR 466A to Berckman Street, and approval to post a 30 MPH speed limit on Berckman Street from Rose Avenue/CR 468 to Willard Avenue in the Fruitland Park area. The fiscal impact is $100.00 (expenditure - sign materials). Commission District 5.
Request approval of Resolution 2020-6 to reduce the speed limit from 30 MPH to 25 MPH on Green Valley Boulevard in the Clermont area. The fiscal impact is $100.00 (expenditure - sign materials). Commission District 2.
Request approval to release a performance bond of $384,380.87 associated with Right-of-Way Utilization Permit #8839 and Commercial Driveway Connection Permit #53201 issued to construct turn lanes and a water main on Hancock Road for the Crestview subdivision in Clermont. There is no fiscal impact. Commission District 2.
Transit Services
Request approval of an amendment to the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Agreement for Fiscal Year 2020, which awards additional grant funding and increases the local match portion. The fiscal impact is $56,941.00 (revenue/expenditure - $51,247.00 in grant funding and $5,694.00 in County funding).
Request approval of a Coordination Agreement with LifeStream Behavioral Center, Inc. for LifeStream to provide transportation services to its LAKE Academy students. There is no fiscal impact to Lake County.
Request approval to apply for the Florida Department of Transportation Section 5310 Capital and Operating Grant for Fiscal Year 2021, approval of supporting Resolution 2020-7, and approval to accept and implement the grant, if awarded. The fiscal impact is $819,000.00 (revenue/expenditure - $446,300.00 grant funded and $372,700.00 in County funding).
Request approval to apply for the Florida Department of Transportation Section 5311 Operating Grant for Fiscal Year 2021, approval of supporting Resolution 2020-8, and approval to accept and implement the grant, if awarded. The fiscal impact is $879,978.00 (revenue/expenditure - $439,989 in grant funding and $439,989 in County funding).
public hearing: ordinance 2020-1 ISBA agreement phase I
Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; ADOPTING PHASE I OF AN INTERLOCAL SERVICE BOUNDARY AGREEMENT (ISBA) BETWEEN LAKE COUNTY AND THE CITY OF EUSTIS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE.
Commr. Campione indicated that this item was placed on the agenda in order to address the Pine Meadows property with the understanding that there were still issues to work through regarding a larger ISBA with the City of Eustis, noting that the BCC was committed to working with the City on a larger ISBA. She remarked that many times when dealing with land use issues, there was a certain amount of compromise that could take place as far as conditions which might satisfy surrounding property owners as well as the applicant asking for the land use change. She opined that in this situation, it seemed like other properties were being utilized as ways to trade for resolution of separate, unrelated properties with regard to land use related matters; therefore, she believed that by separating the controversial properties from the property such as Pine Meadows, she felt that this would allow the entities to move forward with addressing the more complicated issues and was the reason for this item today.
The Chairman opened the public hearing.
Mr. Daniel DiVenanzo, a Lake County resident, mentioned that he owned several investment properties throughout Lake County and lived adjacent to one of the properties which faced the East Crooked Lake property. He shared that he had lived in the City of Eustis for 25 years and had renovated 36 buildings in the downtown area as well as other projects, and remarked that he had seen redevelopment many times and understood the negotiation process. He believed that the City of Eustis had more population they were serving with their limited budget than any surrounding communities, that the City faced increasing costs and limited opportunities to increase revenue, and that the BCC needed to realize there was a bigger picture. He expressed support for the Eustis City Manager and had concerns that a possible ISBA with the City of Mount Dora could potentially shut out growth for the City of Eustis; furthermore, he opined that it was unfair to make a property owner comply with requirements from 40 years ago and expect them to abide by one house per acre.
Dr. Tully Patrowicz, a concerned citizen, commented that a significant precedent had been established since the 1970s and 1980s regarding the development density of the south, southwest, and west lakeshore properties of East Crooked Lake, noting that they favored low density development. He opined that it was development on a piece of property which was pristine, beautiful, lakefront, was very vulnerable, and should be carefully thought out. He relayed that he moved to Lake County in 1972 and participated in these discussions over this property back then; furthermore, he implied that the precedent set at that time had future property development matters in mind, considered ecological issues, and addressed the property rights of all citizens. He felt that currently developers had a different perspective on how to develop that property, and opined that they were now looking for the benefit of high density development.
Mr. Brian Mitnik, an Orange County resident who grew up in the City of Eustis, mentioned that he was involved with the East Crooked Lake property as a broker for the project. He relayed that he utilized this lake when he was younger, and often thought that it would be great for that property to be developed and enjoyed by others. He opined that by limiting the densities to one unit per acre, this was saying to the landowner that this property was not really for sale because the marketplace did not want one acre lots as it would not financially work at that density, noting that he felt that a majority of the lots around the lake were not that size. He also thought it was unfair to dictate what a property owner could do with their property, and he wanted to let the City of Eustis govern their own issues.
Mr. Roger Rath, a retired physician, commented that he was representing a group which advocated for the preservation of the East Crooked Lake status in terms of being a pristine, clear, unpolluted, spring fed, white sandy bottom lake, noting that there were very few remaining lakes at that status in the state of Florida. He added that some surrounding lakes such as Lake Nettie, Lake Apopka, and Lake Joanna used to be pristine but no longer were; furthermore, he relayed his understanding that scientific data showed that overzealous land development impacted, stressed, and shortened the life cycle of pristine lakes. He asked for the BCC to consider long-term issues.
Ms. Patricia Sullivan, a resident of the East Crooked Lake area, said she appreciated the needs of the City of Eustis, and that Pine Meadows was being pulled out and addressed; however, she wanted to discuss a portion of East Crooked Lake. She shared that it was her understanding that a letter was sent to the Florida Attorney General by the County Attorney because the City of Eustis had requested the Attorney General’s opinion on what constituted an enclave; furthermore, she indicated that the Florida Legislature identified this and opined that the County Attorney was in agreement that the annexation of the East Crooked Lake property would create an enclave. She said that Florida Statutes 171.044(5) stated that “land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves;” therefore, the current property owner could sell the property but due to Florida Statute it shall not be annexed. She opined that the County did not have to do this, and asked for the BCC to follow the Florida Statute.
Mr. Dan Langley, attorney with Fishback Dominick and representing Dr. Greg Panzo who lived on Crooked Lakes Estates Lane, opined that the City of Eustis was asking the County for an ISBA because they were attempting to annex in a way that they were not able to under Part I of Chapter 171, Florida Statutes; however, under Part II of Chapter 171, Florida Statutes, it was appropriate and legal for the County to ask for land use restrictions and development regulation controls on any property for which the City had asked to be included in an ISBA. He indicated that he was present to represent his client who requested that the BCC consider that if they allow the East and West Crooked Lake areas to be annexed by the City of Eustis, then to establish land use and development restrictions which were consistent with what was there currently. He opined that the City did not have traditional zoning like the County, and that they did not have an intermediate step in zoning to further constrain density; furthermore, he felt that once they annexed property and established their future land use such as their typical five dwelling units per acre maximum density, then they could not control the density from a policy standpoint anymore. He believed it was appropriate for the BCC to request that if the City desired to annex the East and West Crooked Lake areas, then they should agree to maximum density restrictions, use restrictions, lot size restrictions, and etc, in order to be compatible with the large estate lots on the lake; additionally, he felt that a one acre minimum upland size for lakefront lots was essential to protect these lakes, and to make sure these properties were connected to water and sewer.
Ms. Cecelia Bonifay, attorney representing the City of Eustis, reiterated that in a letter she had sent to the BCC and also presented at their joint meeting on December 18, 2019 with the City of Eustis, that the City did not support a Phase I ISBA that only dealt with one owner’s property to their benefit in order to move them ahead in their process; furthermore, the City had several issues they brought forward and requested to be addressed in an overall ISBA. She indicated that the Eustis City Council had not changed their position; therefore, she thought that this agenda item was premature. She indicated that there was no pending application on this property, and it was not known what density the property owner desired. She stated that ISBAs were based on the Intergovernmental Cooperation Act in order to limit dispute and litigation between Cities and Counties, noting that she had concerns if that objective was truly being accomplished.
Mr. Glenn Tyre, a Lake County native, thanked the BCC for the chance to speak, and said that his family was one of the original owners of that property. He commented that their plan in 1925 was to grow citrus and that they had no intentions to be in the development business; however, due to the freezes which affected citrus, they gradually sold off most of the property. He inquired where the opposition was back in 1946 when they purchased that property and contributed to the Lake County taxes. He said that they wanted to make a nice development, were proud citizens of the City of Eustis and Lake County, had no intention to overpopulate that property, and would appreciate for the BCC to reconsider and bring this under one document.
Mr. Gary Dye, a resident who moved to East Crooked Lake in 1958, mentioned that his family was always environmentally positive and tried to limit insecticides and be sensitive to ones that negatively affected water resources. He asked citizens to not criticize them for wanting to develop that land as they had been good stewards of the land their entire lives. He indicated that they never asked nor advocated for 100 units, that it did not make sense to put 37 septic tanks on that piece of property, and that the only way to not have that many septic tanks was to have enough people to justify sewer which would be about 50 to 60 homes on that property. He asked for compromise, and reiterated that they were willing to work with everyone.
Ms. Dee Gretzler, a resident of Lake Joanna, stated that her family had held the property there since 1959. She thanked the Board for the chance to speak and for listening to the different opinions of the community. She specified that in the 60 years she had lived on Lake Joanna, it had changed and grown, and she encouraged development to have limitations, noting that she realized there would be development since the orange groves were dying. She implied that she had seen Lake Joanna change, that there was now unusual plant growth in the lake, and that if East Crooked Lake was developed, then she wanted to see it developed with limits. She asked for everyone to work together as a community, and to keep environment in mind when making decisions so as to preserve the lake that she loved.
Ms. Linda Becker, a resident on East Crooked Lake, recalled that in September 2018, she was at a Eustis City Commission meeting where developers from Orlando, Florida presented a proposed site plan which had 99 dwellings on it; furthermore, she indicated that the City staff recommendation was to approve that site plan and the Eustis City Commission was poised to do it if the issue of an enclave had not risen. She opined that those concerned about development in this area had good reason to be concerned. She asked for the BCC to help protect this property and to ensure that the City of Eustis did what was in their Land Use Regulations and Comprehensive Plan; additionally, she requested that if the City wanted East Crooked Lake to be included in the ISBA, then the BCC needed to ensure that there were parameters in the ISBA associated with the development of this area to make sure that property was developed in an appropriate, reasonable, environmentally sensitive and strategic manner.
Ms. Joyce Eileen Johnson, a concerned citizen, said she echoed the sentiments just spoken, and agreed that there was precedence in the City of Eustis for reasons to be concerned, giving the example of an area on Center Street in the City of Eustis. She understood that the orange groves were dying and development had to be done; additionally, she had seen the deterioration of Lake Apopka and other lakes around which property values declined. She asked the BCC to help, and to care about lakes and the environment, noting that she did not want to stop development but was concerned about the life and quality of the lakes. She thanked the Board for listening to her concerns.
Ms. Aja Lake, a City of Eustis resident, mentioned that she also echoed many of the comments on behalf of the East Crooked Lake property. She thought that the broad picture was that they wanted to see the City of Eustis look for a sustainable, long-term vision for the community. She stated that she planned to live in the City of Eustis for a long time, believed that East Crooked Lake was an asset to the City and should be maintained, and wanted the City to grow in a sustainable way.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Commr. Campione thanked the speakers on both sides for presenting conscientious, well thought out comments. She felt that it was helpful for the Commissioners to hear about the East Crooked Lake situation especially since these residents would not have known to attend the joint meeting in December 2019 between the City of Eustis and the County because this property was not originally planned to be included in the ISBA until the County learned of this at that same meeting. She said that the goal of the County was to meet with the Eustis City Commission again in order to work through issues. She then shared with the Commissioners a handout with some of her comments and thoughts regarding the proposed Pine Meadows specific ISBA which she also read into the record as follows: “Pine Meadows: If the goal of the City of Eustis is to realize the investments they have made in a central water and sewer system and to enhance their tax base by annexing property such as Pine Meadows, the Pine Meadows ISBA will accomplish these goals immediately by allowing Eustis to move ahead with the annexation of the Pine Meadows property (as requested by the property owners of said property) without any conditions attached. The County's land use designation for the Pine Meadows property is consistent with the land use designation proposed by Eustis, and thus the density and intensity would be comparable whether developed in the County or in the City. This annexation is not controversial. If Eustis moves forward with this annexation as a result of Lake County adopting the Pine Meadows ISBA, this would be positive for the residents of Eustis. Good Faith: If both sides want to show good faith, the County and the City, with regard to finalizing a master ISBA agreement then Eustis will move forward with the Pine Meadows ISBA and annexation of the Pine Meadows property, and will also proceed with a second joint meeting on a Master ISBA agreement. East Crooked Lake: The potential annexation of the East Crooked Lake property is controversial. Florida Statutes do not currently allow this property to be annexed, and thus, but for the adoption of an ISBA agreement, the East Crooked Lake property would remain in the unincorporated area with its current zoning of R-1 which allows a density of 1 unit per 1 acre overall. The unincorporated residents in the vicinity of the East Crooked Lake property are not opposed to the annexation of this land by Eustis as long as the current zoning of R-1 is included as part of the ISBA agreement. An alternative approach would be to negotiate specific terms and conditions for this property if it is annexed into Eustis as a result of an ISBA agreement. Attorney Bonifay suggests and argues that this would be contract zoning and disallowed by the law, but the ISBA provisions in the Florida Statute essentially carve out an exemption for contract zoning in these situations where cities and counties negotiate the land use terms to be adhered to when land is annexed into a city pursuant to an ISBA. Land Use Designation to Address Lower Density areas: There are other properties within the Joint Planning Area (JPA) of Eustis which are also controversial, such as property adjacent to Lake Joanna. In order to address these areas and similar ones, Eustis could agree to adopt a new land use designation of 1 unit to 1 acre or 2 dwelling units to the acre which may require them to make some changes to their Land Development Regulations since they use a form based code. This would provide for a land use that might better address unincorporated residents' concerns if areas are annexed into Eustis that could not otherwise be annexed if there were not an ISBA in place. It might be possible that the County might be agreeable to noncontiguous annexations if specific limitations on densities were incorporated into the Eustis Comprehensive Plan through the adoption of new land use categories. Fire Protection: Another important consideration is how we plan for growing the city limits of Eustis while providing adequate fire protection to unincorporated residents within enclaves created by the ISBA and areas near the city limits. If the County opens the door for annexations that could not otherwise occur then there should be a plan in place for the City to cover fire service to these areas in and around newly annexed parcels in order to conserve county resources. Ideally, the closest unit should still respond but through planning, each agency might be able to more efficiently position its assets and personnel if we design this transition in advance. This is a very important consideration that deserves time and planning. Current Enclaves; Drainage and Road Issues within Enclaves; Water Quality; etc.: I would like to propose that we work with the City to formulate provisions to address the following items and related items that may come to light during the process of working through these particular issues: a. design and implement a joint stormwater treatment plan for Lake Joanna to address water quality degradation that is occurring (water quality study is underway with the Lake County Water Authority and Lake County BCC sharing the costs to determine pollution sources); b. design and implement flood prevention and remediation for Blue Lake (e.g. would it be possible to create a holding area for water pumped from Blue Lake for the City to use for an alternative water source which would help the residents of Blue Lake and arguably help the city); c. create incentives for annexation of existing enclaves; design a program to address enclaves where substandard road and stormwater problems exist (e.g. property tax incentives or credit, or utilization of taxes to retrofit road and stormwater issues); d. formulate a program to incentivize sewer connection for unincorporated areas adjacent to lakes within the JPA and promote annexation of these locations through incentives. Conclusion: These are all workable issues but they are complicated and they deserve time and attention. In addition, we will be negotiating with Mount Dora in the coming months and it would seem that Eustis would want to monitor the specific provisions that are negotiated and would want to assure that the Eustis ISBA is not finalized until the Mount Dora ISBA is finished. This is another reason to move forward with the Pine Meadows property so that it is not held up any longer and all the other issues could be looked at in that process.” She then recalled that she had suggested from the beginning to possibly utilize a mediator in this process and thought this could still be considered if the two entities were to meet again.
Commr. Parks thanked those who came, spoke, and got involved; additionally, he especially appreciated the comments regarding protecting lakes as that was also important to him, noting that there were many things residents could do to protect the lakes such as being careful with fertilizer, taking care of septic tanks, and supporting the Lake County Water Authority (LCWA) and the County with projects they propose. He clarified that nothing regarding East Crooked Lake would be decided at this meeting. He said that he appreciated the ISBA process as a way to work with the Cities, even though there were some issues with them; additionally, he mentioned that he had been involved since the first ISBA in 2008. He shared that from his perspective, he thought that the City and the County made good progress at their joint meeting on December 18, 2019, and could potentially reach agreement after another meeting. He remarked that each ISBA was different and that he would like to follow the request of the City of Eustis to not have a Phase I agreement today until they were able to have another joint meeting. He commented that he understood the density concerns, was supportive of them, and hoped the County could possibly request a restriction on density in support of the residents’ concerns, noting that he liked the performance based criteria and land development codes as he thought it could help with protecting water resources and the look of a development.
Commr. Blake relayed his appreciation for the residents who attended and spoke; however, since many of the items mentioned were not on the agenda, he desired to wait on commenting until the separate meeting with the City of Eustis. He believed that it was in the best interest of the County, the City, and the property owners to allow Pine Meadows to move forward.
Commr. Breeden said that she also appreciated everyone attending today. She remarked that while her comments would focus on the day’s agenda item, she understood both sides of the issue and felt there was still much to be negotiated with the City of Eustis and the East Crooked Lake area. She opined that the original ordinance proposed by the County was a bit cumbersome as it covered too much and she was not in support of it; however, she thought that this document was more clear and only addressed Pine Meadows so she would support it, especially since she felt it would take several months to negotiate a full ISBA, and the property owners of Pine Meadows were ready and had attempted to resolve this for over a decade.
Commr. Sullivan remarked that one of the issues with previous ISBAs was that they tried to have just one ISBA that attempted to cover every area which did not work well; therefore, he relayed that part of this current process included the BCC’s desire to not make mistakes that might have been made previously. He felt that there was one piece of property within this ISBA that needed more consideration, and that by passing what was presented with this item, it moved them towards the goal of developing a full ISBA. He believed that one standard ISBA would not work since every property was distinct and different. He added that one element that every Commissioner was dedicated to was quality of life in Lake County, and he believed that this item dealt with that, noting that he would support moving forward with this ordinance as well as continued meetings with the City of Eustis in order to develop a solution which best fit the needs of the community.
Commr. Parks inquired how long everyone had been working on this ISBA.
Commr. Campione responded that the initial discussions on the noncontiguous ISBA proposal that went to the Town of Sorrento area started four years ago, noting that became controversial. She did not recall exactly when the City of Eustis proposed this new ISBA which excluded the noncontiguous areas and focused more on the JPA area.
Mr. Cole remarked that he believed the process for the current proposed ISBA started in April 2019.
Commr. Parks shared for perspective purposes that the City of Groveland ISBA took four years to develop and did not have any controversy; additionally, the Cities of Montverde and Minneola took two years. He reiterated that he would not support this item, but recognized all the issues. He was glad there would be another joint meeting with the City of Eustis, and noted the importance of working together.
Mr. Cole indicated that he had reached out to the City of Eustis regarding another joint meeting and said that it would probably take place in February 2020 based on everyone’s available schedules.
On a motion by Commr. Blake, seconded by Commr. Breeden and carried by a vote of 4-1, the Board approved Ordinance 2020-1 adopting Phase I of an Interlocal Service Boundary Agreement (ISBA) between Lake County and the City of Eustis.
Commr. Parks voted no.
recess and reassembly
The Chairman called a recess at 10:30 a.m. for ten minutes.
employee service and quarterly awards
Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached service milestones in their careers with Lake County as well as recipients of the quarterly awards as follows:
EMPLOYEE AWARDS
FIVE YEARS
Adam Hewson,
Maintenance Technician I
Office of
Facilities Management
Ronald
Musgrave, HLC Gardens Landscape Technician
Office of Extension Services
FIFTEEN YEARS
Patrick
Billson, Firefighter/EMT
Office of Fire
Rescue
Jessica Clark
Woods, Program Associate
Office of
Building Services
Brian Merkle, Fire Lieutenant/Paramedic
Office of Fire
Rescue
John Reynolds, Library Page
Office of Library Services – Paisley Library
TWENTY
YEARS
Timothy Judy,
Fire Lieutenant/EMT
Office of Fire Rescue
FORTY YEARS
David Walker,
Audio Visual Technician
Information Technology Department
QUARTERLY AWARDS:
EMPLOYEE OF THE QUARTER
Ashley Henry, Probation Officer
Office of County Probation
Ms. Nelson stated that Ms. Ashley Henry, Probation Officer with the Office of County Probation, was being recognized as the Employee of the Quarter. She relayed that during this quarter, Ms. Henry was nominated by a coworker for the operational improvements that she had created in her workplace with the goal to reduce waste, streamline scheduling, and improve the management of Lake County’s weekend work program, noting that this program was supervised by the Lake County Sheriff’s Office and utilized by the court as a sanction for those placed on probation. She stated that Ms. Henry’s improvements included creating a paperless and modernized roster and attendance system which had simplified the overall process of enrolling and monitoring program participants; additionally, it had also improved communication between program community partners. She then congratulated Ms. Henry on her well-deserved recognition.
SUPERVISOR OF THE QUARTER
Benson Hartle, Fire Lieutenant/EMT
Office of Fire Rescue
Ms. Nelson stated that Mr. Benson Hartle, Fire Lieutenant/Emergency Medical Technician (EMT) with the Office of Fire Rescue, was being recognized as the Supervisor of the Quarter. She mentioned that over the past quarter, Lieutenant Hartle had been instrumental in the planning of the Lake County Office of Fire Rescue’s annual special operations response team physical ability assessment. She noted that previously this training assessment had been outsourced and held on the Lake County Sheriff’s Office training grounds; however, as a result of Lieutenant Hartle’s research, County property was located that could be utilized for a variety of training exercises that would challenge staff members’ abilities in new and innovative ways at a cost savings to the County. She then congratulated Lieutenant Hartle for being selected as the Supervisor of the Quarter.
T.E.A.M. OF THE QUARTER
Office of County Probation – Response Team
Gratia Jacob, Probation
Associate I
Carla Perez, Probation
Associate II
Michelle Flom, Probation
Associate II
Ashley Henry, Probation
Officer
Justin Null, Probation Officer
Christine Stewart, Probation
Officer
Ms. Nelson remarked that the T.E.A.M. of the Quarter award went to the Response Team from the Office of County Probation due to their professional response to a customer experiencing a medical emergency while in their office. She shared that these employees all reacted quickly during the situation in order to obtain emergency medical assistance for this individual and to lessen the impact of the emergency on other customers. She commended them for their quick thinking and action when faced with an unexpected customer emergency, and congratulated them for being selected as the T.E.A.M. of the Quarter.
ANNUAL - PROCESS IMPROVEMENT AWARD
Office
of Public Safety Support – Emergency Dispatch Team
Greg Holcomb, Director
Margaret Albandor, Communications Center Supervisor
Joanna Buchanan, Communications Center Supervisor
Tina Mumley, Communications Center Supervisor
Kim Stephens, EMS Communications Manager
Trey Smedley, Systems Administrator
Larry Martin, Database 911 Specialist
Joshua Whiting, Quality Assurance Training Officer
Ashley Tamayo, Telecommunicator II
Ms. Nelson remarked that she was pleased and proud to award the Annual Process Improvement Award to the Office of Public Safety Support Emergency Dispatch Team. She relayed that over the past year, this team was successful in the transition to a new computer added dispatch system, noting that this project spanned 12 months and was completed under budget. She shared that this new system improved emergency response times to residents by efficiently allocating emergency resources and increasing first responder situational awareness; additionally, the team successfully completed the installation, testing, and training of the new system while developing a management process to continue operations during the implementation. She added that this process included hiring technical staff, and developing operation contingencies and support functions. She commented that the dedication and professionalism demonstrated by this team to create this process improvement for the County was highly valued and appreciated.
RETIREMENTS
TWENTY-THREE YEARS
Kathy Edwards,
Fire Lieutenant/EMT
Office of Fire
Rescue
Steven Race,
Fire Captain
Office of Fire
Rescue
THIRTY YEARS
Steven LaFleur,
Fire Lieutenant/EMT
Office of Fire
Rescue
THIRTY-FOUR
YEARS
James Benham,
Fire Lieutenant/EMT
Office of Fire Rescue
Fire Chief Jim Dickerson, with the Office of Fire Rescue, announced that the Office of Fire Rescue was proudly retiring four members with a total of 129 years of experience combined. He then acknowledged Fire Lieutenant/EMT Kathy Edwards on her 23 years of service with Lake County. He said that before Lieutenant Edwards began her fire service career, she had served four years in the United States Coast Guard; additionally, she had entered into the fire service with Pasco County prior to coming to Lake County in 1999 as a firefighter/EMT. He relayed that in 2001, Lieutenant Edwards became a paramedic firefighter, and was promoted to lieutenant in 2010. He shared that her passion was for fire education especially with school children, noting that for many years she oversaw the County’s public education program and provided countless hours of committed service to this great cause. He relayed that during her tenure with the County, Lieutenant Edwards spent time in the County’ training bureau and was instrumental in developing the juvenile fire service program and water safety program. He then wished her well in retirement.
Fire Chief Dickerson recognized Fire Captain Steven Race on his 23 years of service to the
County since 1996, noting that prior to coming to the County he had served the
City of Mount Dora Fire Department for 18 years for a total of 41 years of fire
service. He remarked that Captain Race
had held many ranks throughout his career and would be retiring as the County’s
Training Captain. He mentioned that in
2005, it was discovered that Captain Race had a talent for maintaining and
remodeling facilities, and that for the next 18 years he was instrumental in
improving many of the County’s facilities with modern amenities which saved the
County a large amount of money since most of the work was being performed by
County firefighters. He shared that
Captain Race was responsible for upgrading Stations 11, 19, 20, 21, 54, 59, and
110 to full service fire houses. He
relayed that Captain Race’s commitment and dedication would be missed immensely
and congratulated him on his much deserved retirement.
Fire Chief Dickerson mentioned that Fire Lieutenant/EMT Steven LaFleur started with the Office of Fire Rescue in 1989 as a firefighter and that throughout his career, he had held many positions including Training Lieutenant, Special Operations Lieutenant, and Battalion Chief. He commented that while Lieutenant LaFleur was retiring after 31 years of dedicated service to the citizens and visitors of Lake County, his legacy would continue as his son was currently a firefighter paramedic with the County. He mentioned that Lieutenant LaFleur planned to travel and hunt during his retirement, and then thanked him for his friendship and professional commitment through the years.
Fire Chief Dickerson commented that Fire Lieutenant/EMT James Benham began with the County in 1986 as a firefighter with the Office of Fire Rescue, and was promoted to Fire Lieutenant after his second year. He relayed that Lieutenant Benham was the longest tenured employee of the Office of Fire Rescue, and that his experience, demeanor, and commitment to the County would leave a large void to fill. He shared that Lieutenant Benham was part of group called JOMOD which stood for Just One Man On Duty, and that during this era, only one firefighter was assigned to a fire station, responded to calls by themselves, and were augmented by volunteers. He shared that because of employees like Lieutenant Benham, the Office of Fire Rescue had grown from 28 people to an almost 234 person department currently. He thanked him for his commitment and personal friendship through the years, and wished him well in his retirement.
regular agenda
impact fee ordinance
Mr. Tim McClendon, Director for the Office of Planning and Zoning, commented that this presentation revolved around Chapter 22, Lake County Code, entitled “Impact Fees” and pertained to the possibility of adding a process by which accessory dwelling unit (ADU) impact fees may be waived or deferred provided they met certain criteria. He then relayed these background details: the proposed ordinance originated out of a December 3, 2019 workshop which dealt with affordable housing during which staff identified some of the typical issues they see during the permitting process for ADUs; during that workshop the Board asked for staff to research ways to offset or defer some of the costs associated with ADUs; one of the biggest issues that staff identified was that ADUs were required to pay the full impact fee associated with a typical single family dwelling unit regardless of the size and structure of the ADU, which equated to approximately $12,000 with about $9,000 of this associated with the educational impact fee; staff received 26 ADU requests last year in the county with more than a handful of those modifying their plans once it was explained they would have to pay the full impact fee amount; and since the December 2019 workshop, staff prepared an ordinance which split the impact fees for ADUs into two separate categories of low or very low income persons and waivers or deferrals for the standard ADU. He shared the following points regarding the first portion of the proposed ordinance which addressed the low or very low income persons: would allow the County Manager or designee to waive the impact fees associated with ADUs if the individual who resided in the ADU qualified as a low or very low income person as defined in the Florida Statutes; the waiver would require the applicant to enter into a recapture agreement or execute a mortgage in favor of Lake County for the total amount of the impact fees; impact fees would be recaptured within seven years from the date of the waiver if the property was sold or transferred to a person who did not meet the low or very low income criteria; and the revenues in this specific instance were not required to be offset by the County per Florida Statutes. He then relayed that the proposed ordinance for the standard ADU impact fees did slightly differ from the low and very low income criteria as follows: the County Manager or designee would have the ability to waive or defer only the educational component of the impact fees under certain conditions; ADUs are defined as self-contained dwellings, may be attached or detached, must remain under the same ownership as the primary dwelling and cannot exceed 800 square feet, noting that this criteria was in addition to the requirements which already exist for ADUs within the Land Development Regulations; the educational impact fee may be deferred upon request until a property is sold provided an applicant executes a mortgage to Lake County in the amount of the actual deferred impact fee amount; waivers are contingent on the BCC identifying a source of funding to pay the educational impact fee amount; and once a certificate of occupancy has been issued on an ADU, the property would no longer be eligible for the waiver. He concluded with the requested action for approval to advertise the ordinance as presented.
Commr. Campione clarified that this ordinance was intended to be temporary until an actual impact fee study was performed which might possibly justify a separate, lower impact fee for an ADU; additionally, the low and very low income category was the one provided by Florida Statutes which allowed the County to put this in place without having to supplement the fee with another source, noting that this would be a true waiver and was not an option previously.
Mr. McClendon confirmed that those thoughts were correct.
Commr. Sullivan added that there was certain criteria that also had to be met such as making sure the schools had capacity.
Commr. Campione inquired if a school capacity evaluation had to be performed if a building permit was being issued for a tiny cottage village for low to very low income individuals under this provision.
Ms. Marsh clarified that this particular ordinance did not address the school capacity, noting that the Commissioners might be referring to the infill ordinance. She stated that the infill ordinance required that there be school capacity.
Commr. Campione asked if a development would still have items to address on the front end.
Ms. Marsh responded that if an applicant was a brand new development, then they would have to go through the required processes; however, this ordinance was geared towards individual property owners who wanted to put an ADU on their property for an elderly relative or such.
Commr. Parks recalled that the purpose of the Board discussion on December 3, 2019 was to start facilitating the necessary broader discussion in the community of affordable housing not only for the elderly but for workforce housing as well. He suggested possibly reviewing this once a certain threshold of ADUs were approved, such as 25 for example.
Commr. Breeden asked to clarify that with the low income area, the waiver did not have to be paid from another source of income.
Ms. Marsh responded that was correct, and added that if they qualified under the State Housing Initiatives Partnership (SHIP) program, then the County did not have to offset it from another source; however, the person still had to sign a mortgage for the seven years.
Commr. Campione mentioned that she had spoken to a Lake County School Board member who relayed that their concern was that if there was a large number of units that might receive these waivers and they were families that created big impacts on the school district, then there would not be a replacement for that revenue for the school board. She agreed with the possibility to start with a set number of units as a pilot with a review after the set number had been reached in order to assure that it was not having a negative impact on the school district.
Commr. Breeden asked if it was only one unit per lot.
Ms. Marsh confirmed that it was only one unit per lot; however, she believed that what Commissioner Campione was referring to was the total amount of waivers issued across the unincorporated county.
Mr. McClendon indicated that there were 26 accessory dwelling units applied for in 2019, reiterating that many of them modified their plans as mentioned earlier in the meeting.
Commr. Breeden voiced that she did not think a pilot program needed to be implemented unless this became an issue.
Commr. Blake mentioned that pending the outcome of the alternative impact fee study, he had seen other jurisdictions which had this type of study and it revealed that houses of this size had very little impact on the school system.
Commr. Campione asked for clarity that this ordinance was only for ADUs and could not be used for the cottage concept for an affordable housing village which might be tiny homes of 800 square feet or less such as what was presented at a previous BCC meeting by Mr. Kent Adcock, President and Chief Executive Officer for Habitat for Humanity of Lake-Sumter.
Ms. Marsh responded that in that situation, those would be primary structures and not accessory dwelling units.
Commr. Campione inquired if the County already had in place the ability to grant waivers for those types of homes or did it have to be a part of an ordinance in order to accommodate the habitat concept.
Ms. Marsh replied that was not addressed yet; however, she said that since today’s agenda item was for approval to advertise, staff could add that to this ordinance if the Board desired.
Commr. Campione suggested adding it to the ordinance but for a limited number of units to be similar to a pilot so that the County had something in place if Mr. Adcock’s organization wanted to develop their cottage home concept. She gave another example that The Forward Paths Foundation was interested in a transitional type housing development that would be individual detached units, noting that they could utilize this if the ordinance was in place.
Commr. Breeden said that she thought the County was waiting for the results of the impact fee study in order to have information beyond the ADUs.
Commr. Parks asked to clarify that Commissioner Campione was suggesting to have a set number of units for ADUs but to add language that would accommodate other projects such as the Habitat for Humanity one.
Commr. Breeden felt anything added should be separate from the ADUs.
Commr. Campione agreed for them to be separate. She explained that for a primary structure it was more likely to have someone living in it who might go to school and have a bigger impact; however, The Forward Paths Foundation example would probably not have individuals going to school nor impacting the school district, yet would still be considered a primary structure and paying the full impact fee. She thought this would be an avenue to address these types of situations on a limited basis until the impact fee study was completed so the County would be prepared for any potential projects such as this.
Ms. Marsh explained that under the existing Lake County Code for a primary dwelling, if the person qualified under the SHIP program as a low income person, they would be entitled under the existing code to a 50 percent waiver; additionally, if they qualified as a very low income person then they would be entitled to a 75 percent waiver. She noted that although this was in the code, it had not been utilized very often as in the past, the County was offsetting those waivers through interest on income fee accounts, noting that the County has not had those for a while. She elaborated that the Board could amend just that section, add that no offset would be required under that Florida Statute, and leave it at the 50 and 75 percent so that it could be applied to an entire development with each unit needing the income qualification. She added that there were a variety of options and that the Board could also change it to be a 100 percent waiver; furthermore, she said that if they wanted to do it as a pilot program then they could add in to only have so many 100 percent waivers in a calendar year before it had to be brought back to be reevaluated. She concluded that any of these options could be in the ordinance if the Board desired.
Commr. Campione mentioned that with the SHIP program, if the fee was not paid with SHIP funding, then the County had to offset the fee with it being paid from the General Fund.
Ms. Marsh confirmed that was correct prior to the new legislation that went into effect on July 1, 2019.
Commr. Campione inquired if the Lake County Code had to be amended to take advantage of the new Florida Statute.
Ms. Marsh replied that they did which was why she mentioned that staff could change that section of the code as well to apply to the primary dwelling units, and then still leave the ADU as a 100 percent waiver or change it to a different percentage.
Commr. Breeden suggested a 100 percent waiver for the ADU, and the Commissioners agreed.
Mr. Marsh confirmed the change of a 100 percent waiver for the ADU, and then asked what the Board desired for the primary dwelling as it was currently written as a 50 percent waiver for low income and a 75 percent waiver for very low income, noting that staff would also add the language about the Florida Statute and not needing to pull the amount out of another fund. She asked if the Board wanted to leave those thresholds the same.
Commr. Parks asked if staff had the data on how many waivers had been given out, and Ms. Marsh replied that they did not since this waiver for primary dwellings had not been utilized in a very long time, noting that prior to this new legislation the County had to pay for the fee from another funding source.
Commr. Campione suggested allowing no more than 50 waivers at 100 percent for the primary, and monitoring it to see if it was being utilized. She felt that this was a significant number if the goal was to make the units affordable.
Commr. Parks thought they should add to have no limits on the ADUs.
Commr. Campione recapped that it would be 50 waivers for the primary dwelling, unlimited waivers for the ADUs that were low and very low income since the fee did not have to be paid back, and then for the ADUs which were not for low and very low income, it would depend on if the County had the funding available to offset the fee.
Commr. Breeden mentioned that the owner had the ability to request a deferral.
Ms. Marsh explained that for the ones which did not fall under affordable housing, if the owner wanted to defer their impact fees then they would sign a mortgage to the County for only one accessory dwelling unit per property; however, the mortgage stayed in place so that at the point the owner sold the property, they would have to pay the fees. She commented that if the Board wanted to have a 100 percent waiver for any ADU outside of affordable housing, then the County would have to set aside a funding source to cover that 100 percent waiver. She then clarified that the Board was requesting for the affordable housing piece to replace the 50 and 75 percent waiver with a 100 percent waiver for low and very low income individuals. She then inquired if the Board wanted the maximum of no more than 50 waivers to be for the fiscal year, calendar year, or a year from the date the ordinance was in effect.
Commr. Parks suggested making it a year from the date the ordinance was in effect. He cautioned to keep in conversation with the school district to see if this was affecting them and if changes needed to be made.
Commr. Sullivan added to also monitor how it affected the County’s budget.
Commr. Parks expressed a desire to make sure people understood that the reason the Board was supporting this was due to the decreasing availability of affordable housing even for the workforce, noting that not having the needed supply of affordable housing could negatively affect the economy. He felt that this tied to the economy as well as the quality of life with the desire for the community to be family oriented and to be able to more affordably provide for parents as they retire.
Commr. Breeden asked what the average size request was for the ADU applications and if many of them were over 800 square feet.
Mr. McClendon responded that the maximum was 40 percent of the primary structure or 1,200 square feet, noting that a majority were over 800 square feet.
Commr. Campione asked if most of them were to provide for parents or grandparents, and Mr. McClendon confirmed that was the typical reason.
Commr. Breeden implied that she would support increasing the allowable ADU size in this ordinance to 1,000 square feet.
Mr. McClendon commented that 800 square feet was more of a de minimis number as at 1,200 square feet a larger family could potentially live there.
Ms. Marsh indicated that 800 square feet was the size to be reviewed in the impact fee study; furthermore, she noted that in her conversations with consultants who perform impact fee studies, this was the number provided as they felt that 600 to 800 square feet typically had a de minimis impact on infrastructure.
The Chairman opened the floor for public comment since one speaker card had been submitted for this agenda item.
Mr. DiVenanzo, who had spoken earlier in the meeting, remarked that he was sensitive to impact fees. He asked if the 50 allowable waivers per year would mean that each applicant was only allowed one waiver in that timeframe or could one applicant receive multiple waivers for properties. He also suggested it to be a two year pilot program before reviewing it. He thanked the Board for their consideration of this ordinance and agreed that housing issues could affect the economy if workers could not afford to live in the county.
Commr. Campione thanked Mr. DiVenanzo for his comments, noting that if there was a village of 25 units that would all be one developer. She said as a pilot, they could revisit the ordinance to determine if the number needed to be adjusted.
Ms. Marsh reminded the Board that the impact fee study would be completed near the end of the summer or beginning of the fall, and the Board could possibly review and adjust at that time. She stated that staff would make the suggested revisions; additionally, she asked that since the school board had not yet seen the draft ordinance, did the Commissioners want the ordinance to come back for adoption at the next BCC meeting or did they want to give the school board time to review and provide comments.
Commr. Campione suggested scheduling it for the next BCC meeting on January 28, 2020, but to also send it to the school board for review, noting that if the school board asked for it to be delayed then the BCC would place it on a later agenda.
Mr. Cole cautioned that the BCC agenda would be published on Friday of this week, and Ms. Marsh added that staff would also need to advertise the ordinance 10 days prior to the public hearing.
Commr. Campione asked if there were any applications waiting on this ordinance, and Mr. McClendon replied there were not currently any applications. She then suggested to wait on the adoption public hearing until the February 25, 2020 BCC meeting out of courtesy to the school board.
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved, along with the suggested revisions by the Board, the request to advertise an ordinance to: amend Section 22-9, Lake County Code, entitled Waiver or Deferral of Impact Fees for Very Low and Low Income Housing; amend Section 22-10, Lake County Code, entitled Waiver of Impact Fees for Targeted Business/Industry; amend Section 22-11, Lake County Code, entitled Prepayment of Impact Fees; amend Section 22-13, entitled Refund of Impact Fees; and create Section 22-11, Lake County Code, to be entitled Waiver or Deferral of Impact Fees for Accessory Dwelling Units to create a process by which impact fees may be deferred for accessory dwelling units under a certain size and under certain conditions.
other business
appointment to children’s services council
On a motion by Commr. Breeden, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved to appoint Ms. Latesha Lanier-Brown to the District 1 seat on the Children’s Services Council.
appointments to the arts and cultural alliance
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to reappoint the municipal representative Ms. Jackii Molsick for the City of Eustis, and to appoint the municipal representative Ms. Jo-Ann Glendinning and alternate member Ms. Terry Dohrn for the City of Fruitland Park, and Ms. Diane Revels and alternate member Ms. Lisa Harris for the City of Minneola to the Arts and Cultural Alliance.
appointments to mt.plymouth-sorrento cra committee
On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to reappoint Mr. Earl Hammond and Mr. Dave Croson to the Mt. Plymouth-Sorrento Community Redevelopment Advisory Committee.
reports
county manager
cities of mascotte and fruitland park fire services
Mr. Cole mentioned that the Cities of Mascotte and Fruitland Park had contacted the County to discuss merging their fire services with the County’s fire services. He relayed that staff provided information to both Cities and were awaiting any additional requests from them; furthermore, it was his understanding that both Cities were in the fact-finding stage. He remarked that at the request of the Mascotte City Manager, he and Mr. John Molenda, Deputy County Manager, would be attending the Mascotte City Council workshop on February 4, 2020 for this purpose. He added that agreements to merge fire services would need approval of the affected Cities and the Board of County Commissioners.
groveland four monument
Mr. Cole indicated that the construction of the Groveland Four monument was being completed and that the dedication ceremony was scheduled for Friday, February 21, 2020 at 10:30 a.m. in front of the Lake County Historic Courthouse, noting that invitations, a news release, and an event program were being prepared. He shared that the Board had expressed interest in inviting the Florida Governor and Cabinet; therefore, letters from the Board Chairman were being prepared to be sent this week.
2020 legislative session
Mr. Cole commented that the 2020 Legislative Session began this day, and that meetings with legislators had been scheduled to discuss Lake County’s legislative priorities.
county offices closed for martin luther king, jr holiday
Mr. Cole relayed that Lake County Offices would be closed on Monday, January 20, 2020 in observance of the Martin Luther King, Jr. holiday.
commissioners reports
commissioner parks – district 2
outside collaborative
Commr. Parks mentioned that there was a collaborative called OUTSIDE which was being held in Lake County by the local company Cherrylake Farm who had brought in developers, landowners, academics, and businesses to discuss better landscape practices. He indicated it would be held in the City of Clermont and that people would be coming from all over the state to this event; furthermore, he expressed his desire for the County to be a part of it and mentioned that he was invited to be a speaker at the event. He wanted to see if the Board was interested in supporting this.
Commr. Breeden congratulated Commissioner Parks for being invited as a speaker. She inquired if he would be representing the BCC on the collaborative on an ongoing basis. She also thought that staff from the Office of Extension Services should attend as well.
Commr. Parks replied that there would be annual meetings but this request was for this specific event, noting that staff from the Office of Planning and Zoning may want to also attend.
On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved for Lake County to serve as a supporting organization of the OUTSIDE Collaborative, and approved for Commissioner Parks to represent the Board of County Commissioners on the collaborative.
martin luther king, jr breakfast
Commr. Parks thanked the City of Leesburg for their wonderful Martin Luther King, Jr. breakfast event which he had attended.
possible resolution supporting sadowski funding
Commr. Parks inquired if the Board wanted to write a resolution, to be distributed to all state legislators, which supported funding for the Sadowski Fund. He asked if a resolution of this nature had ever been written.
Mr. Cole responded that it was one of the County’s legislative priorities; however, there had not been a resolution written.
Commr. Breeden relayed her support of this.
Commr. Campione expressed support of this idea and felt that the whereas clauses could tell the story of how the fund was setup, what it was supposed to do, how it had been used, and how important it was to have the funding again.
Commr. Sullivan suggested placing it on the BCC agenda for the next meeting, and Mr. Cole indicated it could be on the January 28, 2020 meeting agenda.
Commr. Campione asked if there was a fact-model ordinance.
Commr. Parks indicated that there was a model that could be utilized.
Commr. Sullivan mentioned that the League of Cities had a similar one as one of their top priorities.
water resource advisory committee
Commr. Parks suggested the possibility of establishing a County advisory committee which would address water resource issues across the county since the Harris Chain of Lakes Council was possibly being dissolved. He believed this would be helpful to the County and the LCWA in addressing technical issues of resource protection in the county’s lakes. He felt there was value to having an advisory board with technical expertise, noting this would be intended to be advisory and not regulatory.
Commr. Breeden said she liked the idea as she saw the need for it; however, she was concerned that it might raise expectations for the County to fund items that they might not be able to.
Commr. Parks understood that concern but thought this group could help prioritize issues.
Commr. Campione asked if he was suggesting that this advisory board bring their recommendations to the BCC who then might advocate particular policies.
Commr. Parks confirmed that was correct, and that it could mean this committee might also work with the LCWA since they knew the legislative regulations. He felt it was a worthy cause that he wanted the Board to consider, that there were individuals in the county who were interested in water resource issues and would like to get involved, and that if it did not work well then the BCC could dissolve it.
Commr. Campione remarked that she understood the concern that this committee might give the expectation that the BCC would then have the funding to fix any issues. She said she was cautious about creating another layer of government but that she did like the idea. She asked for the Commissioners and staff to analyze if this would be something helpful and effective.
Commr. Parks suggested working with staff in order to discuss this at the Board’s annual retreat.
Mr. Cole informed the Board that the retreat was scheduled for March 24, 2020 at the Emergency Operations Center after the regular BCC meeting.
commissioner breeden – vice chairman and district 3
martin luther king, jr breakfast
Commr. Breeden mentioned that she had also attended the City of Leesburg Martin Luther King, Jr. breakfast, noting that it was nicely done and that Commissioner Campione’s remarks represented the BCC well.
martin luther king, jr parade
Commr. Breeden shared that she had participated in the Martin Luther King, Jr. parade.
city of clermont boat ramp ribbon cutting ceremony
Commr. Breeden thanked Commissioner Parks for asking her to speak at the City of Clermont boat ramp ribbon cutting ceremony.
2020 legislative session
Commr. Breeden relayed that she would be unable to travel this week to the City of Tallahassee due to a previous commitment; however, she would be attending the Florida Association of Counties (FAC) legislative day.
Commr. Parks mentioned that he would not be attending this week either but hoped to be able to attend during the FAC legislative day.
Mr. Cole conveyed that staff was discussing with the County’s lobbyist regarding setting up additional meetings for Commissioners Breeden and Parks for that day.
appreciation to first responders
Commr. Breeden commended first responders for their response to the tornado which recently touched down in Lake County.
Commr. Sullivan relayed that all reports from this event were very supportive of the first responders.
commissioner blake – district 5
compliment for law enforcement / umatilla elementary school
Commr. Blake acknowledged the great job that law enforcement did in resolving the manhunt in the City of Umatilla area; additionally, he recognized faculty and staff at Umatilla Elementary School for the professional way they took care of their students during this time.
commissioner CAMPIONE –chairman and district 4
homelessness mitigation plan
Commr. Campione presented a memorandum to the
Commissioners for their consideration regarding a potential Lake County
communitywide Homelessness Mitigation Plan which she was proposing. She then recalled the following background
information: the Board received an initial budget estimate from The Salvation
Army on the concept of the overnight shelter, noting that this estimate was a
substantial amount and did not include the funding to actually build the
shelter; that this concept was intended to be community supported and would
take time to accomplish; that a possible meeting with the Cities to discuss the
shelter was proposed; that she attended a City of Eustis meeting where
businesses mentioned the impacts they were experiencing from people panhandling
or loitering; that she had met with the Public Safety Coordinating Council for
input regarding programs that use a homeless shelter for diversion for
individuals coming out of the court system; that she had also attended a session
with Mr. Iain De Jong who is an expert on homelessness and who promoted the
“Housing First” model; and that she had met with Ms. Denise Burry, Executive
Director of the Forward Paths Foundation, Lieutenant Chris Doborwicz with The
Salvation Army, and the Mid Florida Homeless Coalition regarding how to create
a communitywide plan. She believed this
was a complicated issue, that the overarching concern of available affordable
housing was also a part of it, and that it was important to work directly with
individuals in an attempt to place them in permanent housing. She asked for the Board to consider her
proposal and action plan which focused on the “Housing First” model which
believed that homelessness ended when people live in permanent housing, noting
that this might look differently in various situations. She mentioned that if the goal was for
individuals to not stay in a shelter, then there had to be a place for them to
go and a way to follow up to make sure their housing situation worked out so
they did not end up homeless again. She
explained that what she was proposing was to work closely with The Salvation
Army and the Mid Florida Homeless Coalition in order to formulate and design a
“Housing First” plan. She elaborated
that the Mid Florida Homeless Coalition had information on those who were
homeless in the county, but did not have enough funding to supply all the
housing that was needed. She relayed
that it was estimated to cost approximately $10,000 to $12,000 a year for the
housing component and about $3,000 a year for the services component, noting
that the Mid Florida Homeless Coalition had offered to be the entity that would
train those who intervened in the field such as law enforcement and various
agencies, and that there was an application they could be trained to use. She added that the Mid Florida Homeless
Coalition worked directly with landlords which helped the landlords to have a rehousing
contact for any issues. She indicated
that the goal would be to get the “Housing First” program in place, and then
continue discussions with The Salvation Army on the actual shelter;
furthermore, she remarked that it could actually end up being a hybrid type
system where hotels or churches provided interim housing. She stated that there were many success
stories with the “Housing First” program but the Mid Florida Homeless Coalition
only had a certain amount of funding with specific criteria of who they could
assist; however, if the County were to establish this program along with The
Salvation Army, then they could address individuals at the beginning levels of
homelessness who might be individuals who are homeless for the first time but
had not become chronically homeless. She
recapped that she wanted the Board to review this proposal and action plan with
a goal to present it to the Cities, noting that she and Mr. Cole had already
had meetings with the four largest cities who have the most interaction with
the homeless community. She opined that
if the County could prove that this system worked, then possibly the Cities
would be willing to assist with funding housing units. She explained that these were not housing
units owned by the County; rather, was funding for a short period of time to
get a person qualified for either the assistance they might be able to receive or
helping them get a job so they could pay their own rent. She stated that the County may be funding it
for a year but the goal would be to get the person into self-sufficiency;
therefore, the County would budget to cover the year so that the next year the
funding could be used for another person.
She added that organizations who feed the homeless would also need to be
involved as well as addressing some of the issues associated with homelessness
such as panhandling, loitering, or sleeping in public places. She also mentioned that it would be important
to explore and evaluate the model that Sarasota County was utilizing, and
monitor the concerns that building a shelter might promote more homeless
individuals to come to the county. She
encouraged having dialogue with law enforcement, agencies, and the Cities to
address a uniform way of handling homelessness.
She also suggested meeting with LifeStream Behavioral Center to discuss
any involvement they might want to have with addressing permanent supportive
housing as well as continuing to coordinate and collaborate with The Forward
Paths Foundation. She explained that she
had also attached to the proposal some assumptions upon which an effective
housing-based homelessness mitigation plan were built which she had learned by
reading Mr. De Jong’s book, The Book on
Ending Homelessness. She opined that
the homeless would most likely not navigate the system on their own;
additionally, she believed that the County needed to be proactive, should
consider how much they needed to be involved and to what extent they could facilitate
this, and that working and partnering with The Salvation Army and the Mid
Florida Homeless Coalition was a good opportunity. She recapped that she wanted the Board to
review this proposal and action plan and to provide their thoughts.
Commr. Parks remarked that the “Housing First” concept was very comprehensive and he felt it was a good direction to consider. He shared concerns that developing this could take a couple of years.
Commr. Campione responded that was not necessarily the case. She explained that if the Board could make a decision within the next few meetings to commit to funding a certain number of housing units or persons per year, then the program could be started immediately since the Mid Florida Homeless Coalition was ready, willing, and able to get into action, noting that they also had the computer application which could train the law enforcement agents to be the ones to assist with connecting people. She reiterated that this would allow the homelessness mitigation program to begin right away while The Salvation Army continued to examine the shelter.
Commr. Parks inquired if there would be any federal requirement for the Mid Florida Homeless Coalition if they were involved.
Commr. Campione implied that there would not be and that it would be the County’s own program. She indicated that the Mid Florida Homeless Coalition would be utilized for support and training, would continue using their funding for the most vulnerable homeless, would coordinate with The Salvation Army and the County, and would make the connections to landlords. She gave an example that the County could potentially commit to funding for ten individuals, allocate about $15,000 per year per person, and have a staff person to oversee and coordinate with The Salvation Army. She suggested to start small, track success, and if it was successful, then add on to it. She added that the County was maxed at their amount of federal funding and that it went through the Mid Florida Homeless Coalition.
Commr. Parks shared that some of the concerns of Lake County citizens were that it might encourage homeless individuals to come to the county.
Commr. Campione remarked that she understood the concerns; however, she reiterated that the goal would be to direct homeless individuals in the direction needed to help get them into permanent housing. She said that the theory behind this was that in order to teach someone life skills and how to manage being in a home, it was better to train and build those habits in an actual living environment and not a shelter. She felt that having supportive services was vital to the program working well.
Commr. Breeden felt that this was something that might be good to attempt; however, she requested that the County Manager review how supporting ten individuals might impact staff.
Commr. Campione thought the County would need to have a staff person who was knowledgeable in this area; additionally, she said that if this was something the Board wanted to at least gather more information on, then staff could work with the Mid Florida Homeless Coalition, The Salvation Army, and review the Sarasota County program or other communities that had done this.
Commr. Parks asked if a graphic of the potential structure of what this might look like could be presented to the Board if the County developed a “Housing First” program. He asked if this topic would be on an upcoming BCC agenda or workshop.
Mr. Cole reminded the Board that when they adopted the fiscal year 2020 budget, they reinfused funding into the General Fund reserves but also set up a separate fund for other Board priorities that might be decided upon at a later date, noting that this might be an avenue for funding for this program which would not affect the reserve account. He responded to Commissioner Breeden’s comment and said that they would need a staff person in order to accomplish the significant amount of work that would be needed. He thought there was an opportunity to bring in a staff person who would have the expertise that could move this program forward through working with the Chairman, himself, the Board, and the Office of Housing and Human Services. He indicated that he could have this item on the next BCC meeting agenda since they would be addressing mid-year adjustments at that meeting which would give the opportunity to move funds from one account to another account; furthermore, if they had a person with expertise then they could work to be prepared at the March 24, 2020 BCC meeting regarding how this could move forward.
Commr. Campione added that they would want to coordinate with The Salvation Army to continue that partnership. She opined that just having a shelter might not solve all the issues, and that the two programs would need to work together, noting that if this program was successful, then the needs for the shelter would hopefully decrease. She felt that it would be better to have the case workers who would potentially work with individuals at the shelter to work directly with assisting individuals into permanent housing; furthermore, she believed that this would get them into permanent housing quicker as well as to a place where they could potentially pay for their own housing whether through work or qualified funding. She acknowledged that there would still be situations where emergency sheltering would be needed.
Commr. Sullivan reiterated that the homelessness issue was a continuum of care with this being the process that they could direct homeless individuals to. He agreed that if this system was established than it should be less expensive on the beginning component; additionally, there would be some individuals who might not want assistance. He thought that this would assist with those who either came into difficult times or simply needed the skills to help them get out of their situation. He opined it was a great idea and believed that in order for this to be successful, it needed to be a comprehensive continuum of care type program and that transitional housing for 30 to 90 days would not fix the problem. He felt the Board needed to move forward with something, and thought this was a great idea to explore.
Commr. Campione thanked the Commissioners for being open to the idea, for their awareness of what was happening in the community, for their desire to discuss what the correct course of action might be to address the need, and for being willing to partner with other entities to find solutions.
Commr. Parks asked if the meeting with the municipalities was still being planned.
Commr. Campione replied that if the Board liked this concept, then staff would work towards setting up the meeting, noting that she thought staff would meet with the four largest Cities of Clermont, Leesburg, Mount Dora, and Eustis first. She opined that it would be better for the County to lead on this initiative, and engage the Cities in the process of working with individuals who were homeless rather than just asking for funding. She believed that if the County launched this program and it was successful, then the Cities might want to help fund individuals in the process.
Mr. Cole remarked that since this was a shift from the direct approach of building a shelter, it may be beneficial to have a smaller meeting with staff and City Managers of the four cities first, and if there seemed to be support, then it could develop into a larger meeting with elected officials.
Commr. Sullivan suggested accomplishing the staff work prior to policy. He relayed that the City of Leesburg was interested in addressing this and that each city had its different issues; furthermore, he agreed that collaboration was key to making this successful.
Commr. Breeden commented that this approach spread out the impact and effects to the cities.
Commr. Parks reiterated that he did not want to lose the momentum with what The Salvation Army was proposing as he felt a shelter would also be needed.
Commr. Breeden agreed with that; however, she felt that starting with the shelter idea was where they were getting resistance from the Cities. She thought this approach may be something that could be implemented while they continued to work with The Salvation Army.
Commr. Campione indicated that Lieutenant Doborwicz with The Salvation Army understood this approach, noting that even if the shelter was supported by the Cities, it would still take time to get it built. She thought that he believed this was a comprehensive approach and that this proposed idea would start getting individuals into permanent housing.
Mr. Cole relayed that Lieutenant Doborwicz had said recently at a meeting that he felt his primary job was to eliminate the need for a shelter by getting people into housing.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:35 p.m.
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leslie campione, chairman
ATTEST:
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GARY J COONEY, CLERK