A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

june 21, 2016

The Lake County Board of County Commissioners met in regular session on Tuesday, June 21, 2016 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were:  Sean Parks, Chairman; Welton G. Cadwell, Vice Chairman; Timothy I. Sullivan; Jimmy Conner; and Leslie Campione.  Others present were:  David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION and pledge

Commr. Parks commented that it has been a long and emotional ten days since the mass shooting in Orlando for the Central Florida community, and he asked to start the meeting with a moment of silence to remember with thoughts and prayers the victims of the shooting at the Pulse Orlando nightclub as well as gratitude for the first responders who rendered aid.

Mr. David Heath, County Manager, gave the Invocation, and Sheriff Gary Borders led the Pledge of Allegiance.

Agenda update

Mr. David Heath, County Manager, stated that he needed to make two changes to the agenda, reflected in an addendum they had sent out earlier containing the addition of Tab 45, a resolution from Commr. Parks regarding the victims of the shooting in Orlando, which he recommended to be heard right after public comment, and Tab 46, an item from the County Attorney’s Office regarding an outside labor counsel, to be added to the Consent Agenda.

MINUTE APPROVAL

On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the Minutes of May 3, 2016 (Regular Meeting) as presented.

citizen question and comment period

Mr. Lawrence Edwards, a resident of the Villages, Lady Lake, commented that he has seen a lot of growth in Lake County during the 17 years he has lived there and that his purpose in speaking to the Board was to highlight an opportunity of improvement in the road system in Lady Lake, specifically Rolling Acres Road between US Hwy 441 and CR 466, which is approximately 1 ½ miles long and services a variety of businesses and sports facilities, including an elementary school, an expanding strip mall, the Villages Daily Sun offices, and a bank administrative facility.  He added that this two-lane road must provide access for emergency vehicles and local population traffic, and he asked the Board’s assistance to expand Rolling Acres Road in that location from a two-lane to a four-lane road.  He mentioned that eight years ago, while he was a member of the Lady Lake Planning & Zoning Commission, there were discussions about how convenient it would be when Rolling Acres was a four-lane road; however, nothing has been done eight years later, even though the City has sent requests to the County to do so.  He remarked that he has seen the population of the Villages grow from 20,000 to 120,000 in the last 17 years, and he opined that it is important that their transportation system keep pace with that type of growth.

Ms. Hope Lamb, a resident of Clermont, recapped that she had approached the Clermont City Council a year ago to ask for a resolution or proclamation in support of the Florida Black Bear, an iconic species that only exists in the State of Florida, and she opined that she was representing the majority of people in Florida, including many avid hunters, who supported her in the endeavor to protect those bears from the FWC (Florida Fish and Wildlife) bear hunt and who agreed that this hunt was a bad idea that needed to be reconsidered.  She related that she had been a monitor last year to keep track of the number of bears killed during the bear hunt, and she had seen mother bears killed that were still nursing cubs; dying baby bears; hunters bragging about breaking the rules of the hunt and the laws; and hunters bragging about how easy it was to shoot the bears at close range since the bears were not afraid and had never been hunted before.  She commented that those same hunters who did not abide by the rules last year would probably do the same thing this year, and she pointed out that a lot of the hunters did not pay taxes in Lake County or in the State of Florida.  She specified that 300 bears were killed during the hunt in 2015, 243 bears were killed by vehicle strikes, and 129 conflict or nuisance bears were killed by FWC (Florida Fish and Wildlife Commission), with a total of 676 bears killed in 2015.  She requested that the Board approve a resolution in opposition to another bear hunt in order to prevent future extinction of the bears.

Commr. Parks noted that other people have made a similar request, and he commented that he personally had some concerns about some unsportsmanlike conduct during the hunt.  He related that the Board was focusing on bear and human interaction, and one of the issues later on in that day’s agenda was an ordinance regarding additional garbage cart rules for bear proof containers.  He added that they could ask staff to come up with a resolution or proclamation which was balanced on this issue, since asking for an outright ban could potentially result in a ban of all hunting in Lake County.

Commr. Campione commented that the number of bears killed by vehicles and nuisance kills was compelling information regarding tracking the population of the bears, and she believed it was worthy to note that there were bears interacting and causing conflict in areas where humans reside when looking at all sides of this debate.

resolution regarding shooting at pulse orlando

Commr. Parks read Resolution No. 2016-72 regarding the shooting at Pulse Orlando on June 12, 2016 aloud expressing the Board’s support and heartfelt condolences to the victims and their families of this tragic event, as well as gratitude and appreciation to the first responders, good Samaritans, and medical professionals who provided life saving assistance to those affected.  He noted that this resolution will be sent to the City of Orlando.

On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-72 regarding the shooting at Pulse Orlando.

presentation of plaque to roy hunter

Sheriff Borders presented a plaque and the lifetime honorary membership in the Florida Sheriff’s Association, which he emphasized was a rare honor, to Mr. Roy Hunter, a resident of Paisley, on behalf of the Florida Sheriff’s Association, the Sheriff’s Office, and the Board.  He related that Mr. Hunter has always been very involved in Lake County government and has worked for a better quality of life in Lake County.  He elaborated that Mr. Hunter has also been very involved with law enforcement and public safety and had been a member and a large supporter of the Florida Sheriff’s Association for 50 years.  He expressed appreciation for all Mr. Hunter has done for Lake County and for being involved in their community in order to make it a better place to live over the years.

Mr. Hunter thanked the current and former Lake County Commissioners for everything they have done for his community of northeastern Lake County, including various road improvements, library services, construction of the community center, cemetery improvements, solar lighting, and the opening of the fire station; and he also expressed appreciation to other government officials and staff.  He commented that there were a lot of good people living in and working for Lake County, and he commended Sheriff Borders for the job he does running the Sheriff’s Office and for his excellent character.

presentation regarding veterans treatment court

Judge Don Briggs commented that they were very pleased to have the opportunity to start a Veterans’ Court Program and that the need for those types of programs continue to grow as they continue to have conflict in the world and as they see people appearing on their dockets that need specialized treatment.  He related that Judge Mark Nacke, who is also a veteran who served during the Vietnam War, will give more details about this program.

Judge Nacke thanked the Board for giving him the opportunity to talk about the Veterans Treatment Court Program that they are establishing in Lake County.  He recapped that he was overwhelmed by the amount of interest when he first started asking people about this program from those who were very concerned and wanted this type of program in Lake County, noting that Marion County has had a similar program for two to three years which has been very successful.  He specified that the Veterans Treatment Court will be a program for eligible veterans who find themselves in the criminal justice system to obtain treatment through the VA (Veterans Affairs Department) for mental health and substance abuse problems which may be contributing to their involvement with the Criminal Justice System.  He explained that unfortunately, not all veterans are eligible for the program, which is authorized by Florida Statutes, and to be eligible the veteran must suffer from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem; must also be eligible for VA treatment programs; and must have had an Honorable Discharge.  He elaborated that the offense for which the veteran is charged cannot be an offense which is enumerated in the Florida Statutes, Section 948.068(c) as a very serious offense, including violent offenses, sexual offenses, or offenses against children; and the veteran must not have a history of those types of offenses.  He related that the program they are envisioning will have two tracks, a diversion and a probation track.  He expounded that the diversion track requires that the veteran have no prior felony convictions or veterans’ court referrals and will result in the charges being dismissed if successfully completed by the veteran; in the probation track, the veteran is placed on probation with completion of the Veterans’ Treatment Court as a condition of that probation.  He related that if the veteran does not successfully complete the program, his or her case will be transferred back to the original criminal docket for prosecution.

Judge Nacke outlined the procedures that will be followed, noting that someone who is arrested will be asked whether they have military service during the booking process after the defendant is arrested and brought to the jail, and the jail will then send the Program Coordinator a list of those defendants who indicated they had military service; then the Program Coordinator would send those defendants’ attorneys emails informing them that their clients may be eligible for Veterans Treatment Court, attaching an application to that email.  He elaborated that the defendant would then complete the application and send it back to the Program Coordinator, with copies sent to the State Attorney’s Office and Veterans Justice Outreach Specialist (VJO), who will determine whether the applicant is eligible to receive services, and if the State Attorney’s Office accepts the application, the case is transferred to the Veterans’ Treatment Court docket.  He added that they envision the court to meet once a month, and staffings would be held with the Probation Officers, the VJO, the Program Coordinator, the mentors, the State’s Attorney, the Public Defender, private attorneys for the veterans, and the Judge to determine what evaluations would be appropriate for the new applicants or to evaluate the progress of those already in the program and address any problems they may be having with any of their programs. He related that a contract is drafted which will include provisions the veteran would complete, and he or she would begin his or her program after the contract is signed.  If the veteran successfully completes the program, the charges are dismissed if in the diversion track, and the veterans’ probation will be completed in the probation track if that is the only condition of that probation.

Commr. Cadwell asked if they know how many veterans would have been eligible for this program last year if it were in place.

Judge Nacke responded that they knew of 149 veterans booked into the jail who had military service, although they do not know if they were qualified for the program.  He mentioned that they were going to start with felonies, which were lower than misdemeanor numbers, until they get a handle on how large the program will get, but they were planning to bring in the misdemeanor offenses as soon as they smooth out their procedures.

Commr. Sullivan indicated that he was in favor of this program, and he noted studies have shown that 30 percent of the homeless people in the City of Leesburg were veterans.

Judge Nacke commented that a lot of veterans do not know what services are available to them, and they were hoping that this program will be able to cut through VA red tape to get those veterans into the program very quickly.

Commr. Cadwell pointed out that this program will also save money.

Judge Nacke added that one of the goals of this program is to prevent recidivism or escalation of offenses.

Commr. Parks commented that he is very much in support of this program.

Commr. Conner opined that they should do anything they could for their veterans, and he believed this was a fantastic idea.  He thanked Judge Nacke and Judge Briggs for their involvement in this program and assured them that the Board will help make the public aware of it.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, as follows:

List of Warrants

Request to acknowledge receipt of 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.

Audit Report from the City of Eustis

Request to acknowledge receipt from the City of Eustis of its audit report for the fiscal year ended September 30, 2015 delivered May 19, 2016, in accordance with the “Single Audit Act.”

Proposed Budget from Avalon Groves CDD

Request to acknowledge receipt of Avalon Groves Community Development District’s Proposed Operating Budget for Fiscal Year 2015-2016 & 2016-2017 in accordance with Chapter 190.008(2)(b) of the Florida Statutes for the purposes of disclosure and information only.  The District’s public hearing is scheduled for August 25, 2016, at 11:30 a.m., Cagan Crossing Community Library, 16729 Cagan Oaks, Clermont.

Proposed Budget from Greater Lakes/Sawgrass Bay CDD

Request to acknowledge receipt from Greater Lakes/Sawgrass Bay Community Development District of their Fiscal Year 2016/2017 budget (the “Proposed Budget”) approved by the Board of Supervisors of said District (the “Board”) for the purpose of setting a hearing to consider public comment and testimony on same.  The Public Hearing has been scheduled for Wednesday, August 20, 2016, at 11:00 a.m. at the Cagan Crossings County Library located at 16729 Cagan Oaks, Clermont, FL 34714.

Ordinances from City of Eustis

Request to acknowledge receipt from the City of Eustis Development Services Department of Notification of Annexations(s) by the City by way of Ordinance Nos. 16-16 of approximately 81.87 acres and Ordinance No. 16-19 of approximately 46.27 acres, respectively, contiguous to the Eustis City limits and located within the Eustis Planning Area.  Public hearings for these ordinances are scheduled for June 16, 2016 at 6:00 p.m. and September 22, 2016 at 6:00 p.m. in the Eustis City Hall Commission Room, 10 North Grove Street, Eustis, Florida.

Proposed Budget for Deer Island CDD

Request to acknowledge receipt of the Proposed Operating Budget for Fiscal Year 2016-2017 for Deer Island Community Development District in accordance with Chapter 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.  The District’s public hearing is scheduled for 8:00 a.m. July 26, 2016, at Deer Island Clubhouse, 18000 Eagles Way, Deer Island, Florida.

Ordinance from City of Clermont

Request to acknowledge receipt of City of Clermont Ordinance 2016-18 which annexes vacant property into the city limits of Clermont.  This Ordinance was adopted by the Clermont City Council on May 24, 2016.  (Annexation of Property – WaterBrooke – Alternate Keys 3823388, 2899191, 3840012 and 3840014).

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 5 through 35 and Tab 46 as follows:

Proclamations

Request for approval of Proclamation No. 2016-64 designating July 2016 as Recreation and Parks Month. There is no fiscal impact.

Community Services

Request for approval of the Florida Commission for the Transportation Disadvantaged (CTD) Trip and Equipment Grant Application and Agreement and supporting Resolution No. 2016-65 for Fiscal Year 2016-2017. The fiscal impact is $813,395 (County Portion: $81,340 / Grant Funded: $732,055) (Expense).

Community Safety and Compliance

Request for approval to advertise an Ordinance amending Chapter 8, Section 8-2, Lake County Code, regarding the jurisdiction and powers of the Lake County Code Enforcement Special Master.  There is no fiscal impact.

County Attorney

Request for approval of Lease Agreement between Lake County and the Lake Agriculture and Youth Fair Association for use of the Lake County Expo Center/Fairgrounds and buildings for 2017.  The fiscal impact is $1.00 for the Lease.

Request for approval of Lease Agreement between Lake County and Alfred Street Holding Company, LLC, for lease space located at 401 East Alfred Street in Tavares, to relocate the Clerk’s Division of Inspector General.  The estimated fiscal impact is $20,000 for Fiscal Year 2016 and the Clerk has committed to pay this cost through a guarantee of excess fees.

Request for approval to execute the Stipulated Final Judgment in Court Case No. 2015-CA-002063, Lake County vs. Marisol Myers and Steven Myers, et al., (Parcel Number: FP28) for needed right of way on the CR 466A Road Project. The total settlement for approval is $16,000.00. The fiscal impact at this time is $7,880.00 (total settlement of $16,000.00 less $8,120.00, which was previously deposited into the Registry of the Court per the Stipulated Order of Taking).  Commission District 5.

Request for approval to execute the Stipulated Partial Final Judgment as to Thermo Cool Cooling and Heat LLC n/k/a One Stop Cooling and Heating Thermocool, LLC (Tenant) for business damages in Court Case No. 2015-CA-000772, Lake County vs. Thermo-Cool Air Conditioning & Heat, Inc., et al., (Parcel Number: FP36) for the CR 466A Road Project. The fiscal impact at this time is $187,283.38. Commission District 5.

Request for approval and execution of an Agreement on RFP 16-0005 for Legal Representation for Government Liability with Meier, Bonner, Muszynski, O’Dell & Harvey, P.A. and an Agreement with Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. clarifying terms of service for on-call legal counsel services. There is no fiscal impact.

Request for authorization for use of Michael J. Roper, Esquire of Bell & Roper, P.A. as special employment counsel and County Attorney to execute the Letter of Engagement with Bell & Roper, P.A.  The fiscal impact is unable to be determined at this time.

Economic Growth

Request for approval of the Special Master Agreement between Lake County and Cumberland Valley Investments, Inc, Enon Winkler and Leisure Meadows OSV, LLC.  The agreement would allow Leisure Meadows Mobile Home Park to be exempted from density requirements contained in the Comprehensive Plan as well as be exempted from single family home width requirements contained with the Lake County Land Development Regulations.  Authorize payment of one-half of the total Special Master fees.  The fiscal impact is $395.83.  Commission District 5.

Request for approval of the Special Master Agreement between Lake County and Judson and Donna Olson.  The agreement would allow the property owner to split a 9.4 acre parcel that has a Future Land Use Designation of Rural (1 dwelling unit per 5 net acres).  Authorize payment of one-half of the total Special Master fees.  The fiscal impact is $75.00.

Facilities Development and Management

Request for approval to award contract for the design of Lake County Tax Collector's Northeast Regional Service Center to Forefront Architecture & Engineering, LLC (Clermont, FL).  The fiscal impact is $92,000 (Expenditure). Commission District 4.

Request for approval to award contract 15-0208 to Schmid Construction (Clermont) for Construction Manager Services in support of a new Tax Collector Facility.  The initial fiscal impact is $9,800 for provision of pre-construction services.  The estimated build cost of the new facility is $3,200,000.  The Board will be presented a Guaranteed Maximum Price from the selected vendor for approval at the time that information becomes available.

Fiscal and Administrative Services

Request for approval to apply for the FY 2016 Edward Bryne Memorial Justice Assistance Grant (JAG) Program Local Solicitation.  The FY 2016 allocation for Lake County is $33,123.00.

Request for approval to purchase two work truck vehicles for the Sheriff's Office and the associated Budget Transfer (BUA 2016-09.148). Funding will come from the Infrastructure Sales Tax Fund. The fiscal impact is $82,364.

Request for approval to (1) declare the items on the attached list surplus to County needs, (2) authorize the removal of all of the items on the attached list from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Manager to execute any required title documents.  There is no fiscal impact.

Human Resources

Request for approval of the Risk Management and Employee Benefit Programs Interlocal Agreement between the BCC and the participating entities that include: Lake County Clerk of the Circuit Courts, Lake County Tax Collector, Lake County Property Appraiser, Lake County Supervisor of Elections, Lake Emergency Medical Services (LEMS), Lake County Water Authority (LCWA), and the Lake-Sumter MPO. There is no fiscal impact.

Request for approval to award contract 16-0027 to Hartford Life and Accident Insurance Company for Life and Accidental Death and Dismemberment Insurance as part of the County's overall employee benefits program.  The estimated annual fiscal impact for County expenditures is $60,468.  The estimated annual impact for expenses to be paid by County employees is $236,412.

Request for approval and execution of an Agreement between Lake County and the Public Defender relating to the Transfer of Staff and approval to process a budget transfer to move funds from personal services to operating.  The fiscal impact for FY16 is $84,388.00.

Request for approval of amendment to the Employment Policies Manual to delete the option allowing contributions of an employee's sick leave payout to the Post Employment Health Plan.

Public Resources

Request for approval of Maintenance Agreement between Lake County and John Mixon, Deborah Mixon and Christine Sloan relating to the Woods-Boyd Cemetery and Memorial Gardens.  The estimated fiscal impact is $3,000.

Public Works

Request for approval to access contract SWA 15-02/PF competitively awarded by Palm Beach County to Progressive Environmental Services (Portsmouth, VA) to provide for as-required chemical cleaning of the landfill leachate collection system, and authorize the Procurement Office to execute all supporting documentation.   The estimated annual fiscal impact is $40,000 (Expenditure).

Request for approval and signature on each page of the FY16/17 Detailed Work Plan Budget - Arthropod Control for the Lake County Mosquito & Aquatic Plant Management Program. The projected amount to be received from the State of Florida for FY16/17 is $32,468.00. For FY15/16, the Mosquito Program received $33,012.00 in State funding.  The fiscal impact of $32,468.00.

Request for approval and signature of Florida Department of Agriculture and Consumer Services (FDACS) Amendment No. 1, amending Local Arthropod Control FY15/16 Certified Budget; Approval of Budget Transfer (BUA 2016-09.103) moving $995.00 from Capital Outlay (Line Item 60) into Repairs and Maintenance (Line Item 46), necessary to cover the cost of approved software purchased along with new ULV spray units; and Florida Department of Agriculture and Consumer Services (FDACS) Amendment No. 2, amending the State Arthropod Control FY15/16 Certified Budget by: Increasing revenue in the amount of $1,471.87 due to unanticipated revenue from the State of Florida Department of Agriculture And Consumer Services (FDACS), Bureau of Entomology and Pest Control; and Resolution No. 2016-66 for Unanticipated Revenue.  The fiscal impact is $1,471.87.

Request for approval to award Contract 16-0022 to Merrell's Grade-All Inc. (St. Cloud, FL) for right-of-way shoulder rehabilitation. The fiscal impact will be $385,225.80 (Expenditure).

Request for approval to award RFP 16-0427, Traffic Signal Maintenance and Repair contract to Traffic Control Devices, Inc. (Altamonte Springs, FL) and authorize Procurement Services to execute all supporting documentation.  The estimated annual fiscal impact is $570,000.00 (Expenditure).

Request for approval to release a maintenance bond in the amount of $32,245.30 that was posted for the CR 44 Widening and Resurfacing (CR 452 to CR 19A) Project No. 2014-01.  The project is located North of Eustis in Commission District 4. There is no fiscal impact.

Request for approval to execute Resolution No. 2016-67 accepting the following road located in Greater Lakes Phase 2 into the County Road Maintenance System:  St. Clair Street “Part” (Co. Road No. 0357G).  Greater Lakes Phase 2 consists of 110 lots and is located south of Clermont, off US Highway 27 in the Four Corners area, in Section 11, Township 24 South, Range 26 East. There is no fiscal impact. Commission District 1.

Request for approval and execution of Resolution No. 2016-68 and County Deed to the Florida Department of Transportation (FDOT), for S.R. 46 Roadway Improvement Project, at the intersection of Pond Rd. (#4080).  There is no fiscal impact.  Commission District 4.

Request for approval and execution of Resolution No. 2016-69  and County Deed to the Florida Department of Transportation (FDOT), for S.R. 46 Roadway Improvement Project, at the intersection of Suneagle Dr., and Round Lake Rd. (#4183), North and South of S.R. 46 (F.P. # 238275-3-52-01.  There is no fiscal impact.  Commission District 4.

Request for approval to release a maintenance bond in the amount of $147,014.47 posted for Johns Lake Landing Phase 2.  Johns Lake Landing Phase 2 consists of 96 lots and is located south of SR 50 off of Hartle Road in Section 26, Township 22 South, Range 26 East. There is no fiscal impact.  Commission District 2.

Request for approval for the Chairman to execute Change Order #2 and Change Order #3 to the CR 466A Phase II project to The Villages of Lake Sumter, Inc.  Change Order #2 is for the addition of two commercial driveways, installing valley gutter, installing new 4’ and 6’ sidewalk, new ERCP and ERCP MES, new fence, relocation of a 16’ gate, and surveying.  The total cost of the work is $32,051.00 and is to be funded by Transportation Impact Fee Credits from Central Transportation Benefit District.   Change Order #3 is to add an additional seventy-eight (78) calendar days to the contract completion time.   The fiscal impact is $32,051.00.  Commission District 5.

rezoning consent agenda

Mr. Tim McClendon, Interim Planning & Zoning Division Manager, submitted the advertisements for that day’s Rezoning Public Hearings on the overhead monitor.  He related that Tabs 1 through 5 on the Rezoning Consent Agenda were unanimously approved by the Planning & Zoning Board on June 1 by a 4-0, and he further explained that the applicants for Tab 6 were requesting a central sewer and water exemption in conjunction with the request in Tab 5 as allowed by the Comprehensive Plan, since the City of Leesburg had indicated that they were unable to serve the proposed development.  He requested that the Board approve the consent agenda, Tabs 1 through 6.

The Chairman opened the public hearing.

There being no one who wished to speak in regard to Tabs 1 through 6 on the Rezoning Consent Agenda, the Chairman closed the public hearing.

On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1 through 6, as follows:

Tab 1.   Ordinance No. 2016-26

Rezoning Case # CUP-16-02-1

North American Tower LLC/Gordon Schrorer

Conditional Use Permit (CUP) on property in the Light Manufacturing (LM) Zoning District for construction of a 145-foot monopole telecommunications tower.

Tab 2.  Ordinance No. 2016-27

Rezoning Case #RZ-16-01-4

Cooper-Voorhess Property

Revoke Community Facility District (CFD) Ordinance #24-92 with new Planned Commercial (CP) zoning district for Neighborhood Commercial (C-1) uses.

Tab 3.  Ordinance No. 2016-28

Rezoning Case #RZ-16-03-4

Green Company recycling

Revoke and replace existing Planned Commercial (CP) Ordinance #6-80 with new Planned Commercial (CP) zoning district for Neighborhood Commercial (C-1) uses.

 

Tab 4.  Ordinance No. 2016-29

Rezoning Case #RZ-2016-14-5

Laura’s Storage and Flea Market CP Rezoning

Amend Planned Commercial (CP) zoning district Ordinance 2015-48 by establishing a new CP ordinance to remove the timing deadline condition for obtaining site plan and building permit approval.  All previous conditions of Ordinance 2016-48 shall remain in effect on the 2.15-acre property for C-1 (Neighborhood Commercial) and C-2 (Community Commercial) uses, to include flea market use.

Tab 5.  Ordinance No. 2016-30

Rezoning Case #CUP-2016-12-01

Bernard Property Rezoning

Rezone property from Agriculture (A) to Medium Suburban Residential (R-4).

Tab 6.  Rezoning Case No. RZ-16-12-1

Sewer Exemption (in conjunction with Tab 5)

 

public hearings

ordinance regarding additional garbage cart rules

Ms. Melanie Marsh, County Attorney, placed the proposed ordinance for amending Section 23-21, Lake County Code, entitled “Additional Garbage Cart Rules” on the floor for reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 23-21, LAKE COUNTY CODE, ENTITLED ADDITIONAL GARBAGE CART RULES; REQUIRING THAT GARBAGE CARTS BE SECURED FROM BEAR INTRUSION; ALLOWING FOR USE OF COUNTY-APPROVED, BEAR-RESISTANT CARTS; REQUIRING NON-BEAR RESISTANT CARTS TO BE PROPERLY SECURED TO PREVENT BEAR INTRUSION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

Ms. Hope Lamb, a resident of Clermont, thanked the Commission for taking this step to move the County in the right direction for protection of the Florida Black Bear.

There being no one else who wished to address the Board regarding this ordinance, the Chairman closed the public hearing.

Commr. Campione commented that she was glad they were at this point, and she was excited about moving forward with this.  She added that she hoped the County is awarded the funds they will need through the application process in order to provide those bear-resistant receptacles in as many locations in Lake County as they possibly could where they know there is human-bear interaction.

Commr. Parks indicated support for the ordinance and commented that it was one measure and a great first step the Board could take to reduce bear and human interaction.

On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the request for adoption and execution of Ordinance No. 2016-25 amending Section 23-21, Lake County Code, entitled Additional Garbage Cart Rules; and directed staff to move forward with applying for those funds as soon as they have the application process in place.  The fiscal impact is unable to be determined at this time.

resolution for vacation petition no. 1224 - scharich

Mr. Jim Stivender, Public Works Director, related that Petition No. 1224 by Rick and Vanessa Scharich was to vacate a plat easement between two lots owned by the applicants in Bella Collina, noting that the applicants have done a unity of title.  He explained that since he does not see any need for that easement to remain in existence, he recommends approval to vacate.

Commr. Cadwell clarified that this was originally just a utility easement rather than for access.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-70 for a Public Hearing on Vacation Petition No. 1224 (Rick & Vanessa Scharich) to vacate platted easements.   There is no fiscal impact.  Commission District 2.

resolution for vacaton petition No. 1223 – fred boutros

Mr. Stivender stated that Petition No. 1223 was by Mr. Fred Boutros, a developer, to vacate a portion of a perpetual grading easement along CR 455 north of Hwy 50, pointing out that they were vacating a portion of the grading easement that is part of the South Lake Trail, since it is not needed for the trail itself.

Commr. Parks asked if it was certain that it would not be needed by the County for the Across Florida Trail.

Mr. Stivender responded that the County does not own the land, and it was not needed anymore, since they have already done the grading.

The Chairman opened the public hearing.

Ms. Nancy Johnson, a resident who lives near the vacated easement, clarified that this vacation will not affect or impair her access easement, which was Track B, in any way.

There being no one else who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-71 for a Public Hearing on Vacation Petition No. 1223 (Fred Boutros) to vacate a portion of a perpetual grading easement lying along CR 455.  There is no fiscal impact.  Commission District 2.

affordable housing update on ship and home funding

Ms. Cheryl Howell, Housing and Community Development Manager, stated that she would provide an update of the Affordable Housing programs to the Board and to identify challenges in addressing impediments to affordable housing in Lake County.  She recapped that the State Housing Initiative Program (SHIP) was created by the Florida Legislature in 1992 and is funded from documentary stamp tax revenue to be set aside for counties to provide affordable housing programs for moderate, low, very low, and extremely low income households.  She explained that each county must prepare a Local Housing Assistance Plan (LHAP) which includes strategies for expenditures of funds to provide affordable housing to residents that fall into those income categories as well as appoint an Affordable Housing Advisory Committee (AHAC) consisting of individuals with certain areas of expertise relating to affordable housing needs which develops recommendations on strategies to be included in the LHAP and considered by the Board when adopting the LHAP.  She elaborated that the LHAP covers three-year periods, and funds must be expended on a specific number of qualified units as outlined in the Plan within those three years.  She presented a chart illustrating the last ten years of funding history for the SHIP program showing a very large range of funding throughout that period of time.  She discussed mandated uses and allowable percentages for each type of activity and income category, including that a minimum of 65 percent of SHIP funds has to be used for single family, a maximum of 10 percent can be utilized for program administration, and a minimum of 75 percent must be used for construction or rehab activities.  She added that in addition, a minimum of 30 percent of the funds must be used for very low and extremely low income families, and she displayed a chart illustrating those amounts.  She described how the process for awarding SHIP funds works, noting that the staff works with the AHAC to prepare an LHAP which must include strategies to meet all program requirements mandated by the State, and after coming before the Board for approval, funds are disbursed through programs administered by staff or through an RFP process for award to non-profit organizations and contractors used for the demolition/replacement program.

Ms. Howell reported that Lake County’s current LHAP is for funding for the years 2015-2018 and consists of local strategies which comply with the State regulations regarding percentages for categories of activity and income that are determined by the AHAC and recommended to the Board for approval.  She listed some of their current strategies as infill development, multifamily development, the Rental and Security Deposit (REACH) program, down payment assistance, owner-occupied rehab, the demolition and replacement program, and transitional housing.  She explained that they worked with the local nonprofits to provide homeownership opportunities for eligible households, giving local contractor preference for the RFP’s that are issued for the construction of those homes.  She related that the multifamily development strategy is designed to work with affordable housing developers to increase affordable housing rental units; however, New Beginnings has been the only recipient of that funding thus far.  She stated that the REACH program, which is operated in-house, enacts a strategy designed to provide one-time deposit assistance for housing and utilities to very low income families in jeopardy of losing access to housing and fills unused rental housing capacity.  She explained that the down payment assistance program is provided to first-time home buyers who have not owned a home in at least three years based on housing cost and client income, and an RFP is issued to a non-profit to provide counseling and HUD-approved classes  Another strategy she discussed was the owner occupied rehab, which fully rehabs a client’s home to improve the living conditions of families living in substandard housing through an RFP process every three years for contractors to provide the construction service, with local contractor preference.  She elaborated that the demolition-replacement strategy replaces a client’s home also through a three-year RFP process for bids once the owner chooses the plan for the home, and she added that this is done often in very low-income neighborhoods, improving the look of the neighborhood.  She related that the transitional housing strategy is designed to assist local non-profits that serve homeless families and individuals and provide stability for families in crisis, through an RFP process with local contractor preference.  She presented a chart specifying the amounts and percentages for the LHAP strategies for 2015 and 2016, pointing out that there was a sizeable increase in funding in 2016 from 2015.  She opined that the AHAC works hard to try to help meet the overall needs.

Ms. Howell discussed ways to address some of the challenges, including identifying a stable and diversified funding source due to the uncertainty of SHIP funding, meeting the identified needs in the face of a lack of funding for impact fee waivers for affordable housing, and a severe lack of funding for homeless programs, especially for youths aging out of foster care, homeless families, and elderly homeless.  She reported that the AHAC met on June 8 and recommended amending the 2015-2018 LHAP strategies to include a new Homeless Rehousing Strategy and changes which would utilize SHIP to pay impact fee waivers for all applicable programs, which were the Multifamily Development Program and the Single Family Program.  She elaborated that the Homeless Rehousing Program is designed to assist special needs populations, such as youths aging out of foster care or homeless families with children, with rental assistance.  She also described an impact fee program to assist local nonprofits that develop affordable housing by paying impact fees for eligible clients for the multifamily and single-family programs.  She presented a chart showing the figures of the percentages and amounts for a list of proposed activities that would result after amending the LHAP to accommodate the above-referenced recommendations, including a change from 30 percent to 20 percent for the rehab demo replacement and an increase in infill development funding.  She related that additional funds for the Affordable Housing Program includes the HOME Investment Partnership Program, which is a HUD (Department of Housing and Urban Development) program providing formula grants to states and localities for assistance for affordable homeownership and rental development.  She elaborated that the HOME program creates a consortium agreement with the cities of Eustis, Leesburg, and Groveland which would require a one-time investment for Lake County of approximately $150,000 in order to qualify for access to State funding in October 2017 in the amount of $350,000 to $400,000 annually.  She reported that the County has already notified HUD of its interest in participating in that program and has been in the process of creating the mandatory consortium.  She requested approval of the amended LHAP to add a new Homeless Rehousing Strategy, to utilize funding for impact fees for all applicable strategies, and to approve strategy changes and the budgeted amounts for the Rehab Demo Replacement, infill development rental, large multifamily, infill development, home ownership down payment assistance, homeless assistance, and security deposit assistance; as well as approval to apply for federal HOME funding and to provide the Lake County match.

Commr. Cadwell clarified that the additional $181,000 for impact fee waivers was to be used solely for infill development.

Ms. Howell elaborated that an RFP (Request for Proposal) will be sent out to nonprofit organizations to provide infill development, which typically has been provided by Habitat for Humanity and Homes for Partnership over the last 30 years in Lake County.

Commr. Campione added that this issue was discussed at the Housing Advisory Committee, and the terminology “infill” essentially refers to areas where there was infrastructure in place in the more developed urbanized and suburban areas in order to keep residents close to available services such as transportation and shopping.  She commented that the committee debated this very vigorously, and there was a lot of thought put into their decision to make sure it was balanced and met all of the percentages required by Statute.  She pointed out that this was a unanimous recommendation, and the HOME program would come under the purview of the Board to decide whether there will need to be a committee.  She opined that it was difficult for foster children who get too old to be in the foster care system to find housing, since landlords are reluctant to rent to them, and this program will help with transitional-type programs for individuals who are trying to gain their independence.  She recommended that the County start working on a framework for the annual action plan as they wait for the application to be processed to identify the programs that will be a good fit for their needs.

Ms. Howell replied that staff could start working on that now, but it will take a full year before HUD would begin to look at it.  She added that she had the Annual Action Plan for the CDBG (Community Development Block Grant) that will be coming before the Board next month, which will not include HOME funding; however, next year’s Annual Action Plan will include some of the HOME strategies to be submitted to HUD in August of next year.

Commr. Cadwell expressed hope that they will keep the Plan flexible enough and be committed to it in order to fulfill the needs that arise.

Commr. Sullivan responded that the key to having a transitional housing program was to make it flexible to meet the needs of the community as they change moving forward, and he commented that the unanimous vote from the AHAC indicates a strong vote of confidence by that group.

Commr. Parks commented that the County appreciates the service of Habitat for Humanity.

Mr. Kent Adcock, CEO of Habitat Lake-Sumter, expressed the group’s gratitude for the efforts of the Affordable Housing Advisory Committee, the Board, and staff in looking at creative and innovative ways of funding some of the housing needs that are present in Lake County, and he emphasized that Habitat’s board members and staff are committed to partnering with the County to make Lake County a place where entry level people can find housing that is affordable.  He read a statement of affirmation on behalf of Habitat for Humanity’s board thanking the Board for their attention and affirmation to the affordable housing needs in Lake County and noting that Habitat for Humanity has demonstrated expertise and knowledge in the area of affordable housing for the last 30 years across the world.  He elaborated that they have a demonstrated ability of delivering housing at a lower cost to the consumer due to their ability to leverage funding with the partner agencies with whom they have stakeholder relationships and by partnering with individual donors, families, volunteers, and corporations in the private sector as well as civic and faith-based organizations and public entities, including State and Federal government agencies and County and municipal governments in order to collectively empower more citizens to a better way of life. He clarified that Habitat for Humanity does not provide or underwrite mortgages any longer, but their contribution is focused on being the provider of education and support so that low and moderate-income homeowners have access to housing in a niche that the local developer market does not provide and to advocate for policies that keep housing affordable to those earning less than 80 percent of area median income, including bank tellers, city government employees, hospital nursing staff, and those in retail.  He commented that they can empower and assist those willing to work and serve in their community through public-private partnerships and relationships.  He also opined that they must jointly make a commitment to their elderly, disabled, and veteran families as well as those entry-level families and millennials who are drawn to live in Lake County.  He thanked the Board for their service and leadership, indicated agreement with the proposal, and offered assistance in leveraging those funds.

On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the request from Community Services to amend the LHAP strategies to add the Homeless Rehousing Strategy as a new strategy, utilize funding for impact fees for all of the applicable strategies, and approve the strategy changes and the budgeted amounts as follows: Rehab Demo Replacement of $362,101, infill development rental of $362,101, large multifamily of $90,525, infill development/home ownership of $543,151, down payment assistance of $271,576, homeless assistance of $195,907, and security deposit assistance of $90,525; as well as approval to apply for federal HOME funding, which includes a Lake County match.

recess and reassembly

The Chairman announced at 10:30 a.m. that there would be an eight-minute recess.

budget summary presentation

Mr. Steve Koontz, Fiscal and Administrative Services Director, gave a summary of all the budget workshops the County has had this year to date and an overview of the FY 2017 budget.  He presented a chart illustrating the best estimate of property values that the Property Appraiser provided to the County on June 1 for the general fund countywide millage showing an increase of 6.87 percent, as well as the Ambulance MSTU, Fire Rescue EMS, Public Lands Voted Debt, and Stormwater, Roads, and Parks MSTU millages, all ranging from an increase in property values of 5.10 percent to 6.87 percent.  He summarized that there have been 18 budget workshops, starting with the economic outlook on January 19, 2016 and covering a number of different topics and departments, which have all been highly publicized and advertised, and he showed a chart listing those workshops and dates.  He related that the Community Services presentation mentioned a 17.8 percent increase from FY 2016 in grant funding and a general fund decrease of $115,552, noting that the department added one additional Program Associate position, which is funded through grants from Section 8 and SHIP.  He added that there was also a $50,000 increase in Human Service grant funding that the County provided to non-profit organizations and a $100,000 increase in LifeStream Behavioral Center funding.  He recapped that there was Commissioner discussion about granting $5,000 for a bus pass program resulting in that amount being recommended to be added to the budget, funding to print additional VA (Veterans Association) books and materials, and a future meeting with the cities concerning the transit bus system.

Mr. Koontz reported that the Public Works Department presented a request for a new Signal Technician position during their budget workshop on April 19 which is supported by the increase in signal maintenance revenue that they are getting from FDOT (Florida Department of Transportation) and the cities, with the rest of the 2017 operating budget status quo.  He added that there was also a request for capital equipment items to replace outdated, unsupported software for the Lab and outdated, inefficient equipment in the Mosquito program. He recapped that it was stated that the 2017 budget will exhaust the Stormwater MSTU fund of available funding for any further capital projects after the Wolfbranch project currently under construction.  He related that there was Commissioner discussion about other revenues used for roads and per capita comparisons. In response to some questions about the ratio of personal services to operating for other counties during that workshop, Mr. Koontz presented a graph illustrating per capita funding based solely on gas tax for each of the surrounding counties, and he pointed out that Lake County was on the lower middle of that range at $38.  He also showed a graph depicting what the counties add to their transportation trust fund for their operating and some capital needs, noting that Orange and Polk Counties have the highest per capital funding for FY 2015 at $87 each, which includes some ad valorem taxes, and that Lake County was the second lowest, which does not include the impact fees or infrastructure sales tax.  He then presented a chart and a graph showing the expenditure side, breaking that down to how much of that was for personal services, operating expenses, capital, and debt service or transfer; and he pointed out that although 45 percent for personal services in Lake County seems high, some of the other counties’ percentages are skewed due to huge amounts of capital or operational costs taken from their transportation trust fund.

Mr. Koontz reported that the Community Safety and Compliance budget summary indicated that the department maintains its existing level of service with the exception of the request for Keep Lake Beautiful (KLB), and the budget includes a limited full-time position to support the KLB program, which has been successful this year.  He also mentioned that $50,000 has been included in the budget for a pilot program that the department is developing to address littered areas, and a request for information has resulted in a pool of four potential vendors dedicated to picking up litter when called upon which will come before the Board for approval in July or August.  He elaborated that there was Commissioner discussion about a long-range agenda concerning a future Code Enforcement workshop to deliberate proactive versus complaint-driven enforcement.  He related that the Economic Growth Department has three new positions under Building Services for two licensing investigators and one financial analyst at a fiscal impact of $166,000, which can be supported by the growth in that division, and they have added some additional money for Wellness Way Advisory Services, a professional services contract to ensure optimal execution of the Wellness Way Area Plan with a fiscal impact for both the County and the City of Clermont of $50,000 each.  He mentioned that there also has been some discussion about the EDC (Economic Development Commission), which will be continued in the future.  He recapped that the Public Resources Department budget included the reduction of three positions in Library Services which were being transferred to Information Technology (IT) and one position being transferred to Communications in order to consolidate public information and outreach.  He also reported that an Engineer II position and a Chief Maintenance Supervisor position are being included in the budget for Parks & Trails, and new expenses being included in the Parks & Trails funding are $25,000 for traffic counters at trails and active parks and $35,000 for general maintenance for the Hancock Trail extension.

Mr. Koontz related that the proposed Information Technology budget, which is primarily funded by the General Fund, includes the reorganization of the centralized support services, maintains the current level of service, and reflects an 8.3 percent increase over FY 2016 due to the transfer of three positions from Library Services, although that also resulted in a reduction of the Library Services transfer.  He pointed out that the Communication budget reflected a slight decrease in the operating budget, but there was the addition of one position being transferred from Library Services; however, they intended to maintain their current level of service.  He recapped that the Solid Waste budget is broken up into two distinct business units under one fund, and he explained that the assessment is set up to cover collection and disposal costs, maintain current operational levels of service, and balance the budget in order for the assessment revenues to cover the expenses; he also noted that there is no proposed increase to the assessment.  He related that the Solid Waste Budget covers the countywide services, maintains all areas of operations, maintains the landfill operating hours, eliminates one vacant supervisor position, is consistent with the five-year outlook, and includes purchase of one claw truck.  He stated that much of the funding will be from a General Fund transfer in the amount of just under $3 million for next year, which is about a $745,000 increase from FY 2016 and necessary to maintain the current level of service for the Countywide Convenience Centers and Household Hazardous Waste programs.

Mr. Koontz recapped that the employee medical plan and some of the changes that needed to be made were presented to the Board, including that the budgeted employer contributions have been increased to maintain sufficient reserves within the fund and that employee contributions will increase by 7 percent effective January 8, 2017, but that increase will be waived for employees who complete the biometric screenings between October 1 and December 31.  He added that the Board also approved a contract with Healthstat for an Employee Medical Center to begin operating on October 1, 2016.  He explained that the Public Safety budget contained a status quo budget for Emergency Management, a status quo budget for Communication Technologies with replacement of a 911 recorder system paid for by a grant, and an essentially status quo Fire Rescue budget with the exception of two fire stations being changed to ALS (Advanced Life Support); however, budget amendments will be requested if the AFG (Assistance to Fire Fighters Grants) and SAFER (Staffing for Adequate Fire and Emergency Response) grants are awarded.  He also recapped that there was some discussion about per capita information for fire rescue and presented a chart and a graph showing those figures for Lake County and the surrounding counties, with Lake County in the middle at $149 compared to a high of $322 per capita in Osceola County.  He reported that the Facilities portion of the Facilities and Fleet Management budget includes the addition of a supply technician, replacement of two vans, addition of a tractor and field brush mower for the inmate work crew, and $40,000 for cameras at the Detention Center at the request of the Sheriff.  He added that the Fleet portion of that budget maintains the current levels of service with the addition of some capital outlay that will be funded by the General Fund, for equipment including a lift, tire balancer, and tire mount machine.

Mr. Koontz noted that the Constitutional Budgets, with the exception of the Tax Collector’s budget, were all received by June 1 and presented a chart showing what the Constitutional Offices submitted last year compared to the FY 2017 requests, pointing out that the Property Appraiser included with his submittal a 3 percent employee raise dependent upon whether raises are given to County employees, and he elaborated that the Tax Collector’s Office will submit its budget August 1 per the Statutes.  He related that the County has had an increase in the mandated costs from the Department of Juvenile Justice from $398,998 to $478,788 based on the number of juveniles and estimated days, although staff was looking into whether there were any alternatives to reduce those numbers of days through the court system.  He also expressed an expectation of an increase in the incremental funding for the Community Redevelopment Agencies (CRA) due to increase of property values and a wastewater feasibility study requested by the Mt. Plymouth-Sorrento CRA.  He listed some non-departmental items that were staying status quo, including funding for the federal and state lobbyists, Florida Association of Counties, Lake County League of Cities, Trout Lake, and the Lake County Historical Society, and listed new requests included in the FY 2017 budget, such as funding for a Program Specialist II position for the Veteran Court Diversion Program mentioned during that day’s BCC meeting at a fiscal impact of about $51,000 and an indirect cost study to procure a consultant to analyze and allocate central service costs to the appropriate funds and grants at an estimated cost of $50,000 after a procurement process.  He added that some non-departmental items that are still under discussion but have not been included yet in the budget are an employee compensation, performance and salary study expected to cost between $447,000 to $1.6 million and a request from United Arts of Central Florida for $50,000 in funding for various arts and cultural programs in Lake County.

Mr. Koontz explained that the FY 2017 infrastructure sales tax revenues are part of the authorization covering the period of January 1, 2003 through December 31, 2017, noting that the new authorization does not begin until January 1, 2018 and that the debt service funding for the Capital Improvement Bonds is still eligible in the FY 2017 budget.  He noted that funding is still split evenly between Transportation and General Government projects, and he mentioned that the Public Works Department is scheduled to present their Road Program and sales tax funding before the Board on August 9.  He listed some of the park projects for FY 2017 using the infrastructure sales tax, including $400,000 for the expansion of East Lake Park, $1.2 million in design and site work at South Lake Regional Park, $50,000 for security improvements and lighting at Lake Idamere Park, and park improvements and lighting at North Lake and East Lake Community Parks.  He also listed other FY 2017 projects using that funding, such as the last payment of $1.17 million for the Radio Tower project debt service, $3.1 million for the Capital Improvement Bonds debt service, $2.25 million for completion of the Tax Collector Building in Eustis, $1 million for Sheriff vehicles, and $700,000 for continued work on the Judicial Center renovation; and he noted that reserves were at $150,000.  He related that the General Fund millage will be set at the roll back rate to limit the increase in revenues to new construction, and all other operating millages will be kept at FY 2016 levels, with a possible slight reduction in the Public Lands Voted Debt millage to bring in just enough revenue to pay the debt service.  He presented a list of dates pertaining to the budget process, culminating in a first budget public hearing on September 13 and a final budget public hearing on September 27.

Commr. Parks requested that the Board have a discussion regarding the request from United Arts.

Ms. Flora Maria Garcia, CEO of United Arts of Central Florida, related that their agency has been in existence since 1989, and they have invested about $136 million since then into a four-county region which includes Lake, Orange, Osceola, and Seminole Counties, as well as the City of Orlando.  She elaborated that they fund about 50 nonprofit science, history, and cultural organizations and support individual artists doing community-based programs.  She added that they have extensive programs within the school systems of Orange and Osceola Counties, provide grants to teachers to provide arts programs, and offer an arts education website that highlights curriculum-based cultural programs for the schools.  She mentioned that they were currently funding six of Lake County’s cultural organizations and submitted a proposal to the Board for $50,000 to increase services and grants to Lake County.  She expressed an intention to grow their relationship with the community, provide technical assistance for their cultural organizations, perform economic impact studies, and provide arts education services.

Commr. Sullivan commented that the Arts & Cultural Alliance is fully engaged with United Arts and indicated that he was very supportive of this action.

Ms. Garcia responded that she enjoys working with their cultural organizations and would like to do more by working with smaller organizations that are not aware of the support United Arts could provide such as technical assistance, target marketing workshops, and help to apply to the Florida Council on the Arts for additional resources; and she commented that it was of great benefit for Lake County groups to also participate in the large network of cultural organizations within the Central Florida region.

Commr. Cadwell opined that Lake County residents who are involved in the Dr. Philips Broadway play series are committed to having that type of cultural presence in the community, and the Board’s involvement could help expand that program into Lake County as well as help the county’s smaller theaters.

Commr. Campione asked if Lake County will see local benefits from the United Arts of Central Florida organization.

Ms. Garcia responded that they will absolutely see benefits from being part of their organization, noting that they currently work with the Bay Street Players, Lake Eustis Museum of Art, Leesburg Center for the Arts, Melon Patch Players, Mt. Dora Center for the Arts, and the Mt. Dora Music Festival; and she added that she was sure that there are more cultural groups they were not aware of that could benefit from that additional funding.  She mentioned that the organization also has an amazing events website that covers more than 1,000 events in 7 counties and sends out a weekly email to more than 6,000 members about new and interesting events, which can be specifically targeted to Lake County residents.  She summarized that this would be a great opportunity to become more involved on many levels to better promote and market events, write better grants, have access to additional resources and technical assistance, and work with the education system to get more arts into the schools.

Mr. Heath interjected that the County has been in communication with United Arts for three years, but the County has not had the money in past years to contribute any funding, and the previous requests were for a higher amount than the $50,000 current request.  He commented that the difficulty that United Arts has faced is that they are providing grants to Lake County agencies and organizations without any assistance from the host government, unlike their interaction with other counties.

Commr. Conner mentioned that he and his family have enjoyed some of the plays put on by the local theaters, and he asked why the Board could not give the money directly to the local organizations that would benefit from this funding.

Ms. Garcia answered that their organization has funding relationships with Seminole County, the City of Orlando, and Orange County as their designated arts agency, because they do not have their own departments, and they thoroughly review those organizations through competitive grant making, provide oversight and accountability of how the money is spent, provide technical assistance to make the local organizations more competitive in accessing state dollars, and leverage additional dollars through the private sector to increase funding to those organizations.

Commr. Parks opined that cultural arts is very important to go along with the STEM (Science, Technology, Engineering, and Math) training that the County is focused on to help the future generation’s job opportunities, and he recommended that they should put the allocation in the County’s budget and to possibly meet with the new School Board to discuss how they could partner with them to leverage the money to benefit the performing arts magnet schools.

Commr. Sullivan mentioned that United Arts was already working with the schools on art education programs with participation by all the local schools.

Ms. Garcia added that the State of Florida did a study a couple of years ago which indicated that high school students who took four years of arts classes did better across the board academically and had higher SAT scores.

Commr. Parks indicated that he will discuss this issue with Mr. Bill Mathias, the School Board Chairman, and clarified that that there was a consensus to put this in the recommended budget.

Mr. Heath announced that he has changed the date for the setting of the millages from July 26 to July 12, 2016 since Commr. Cadwell was scheduled to attend a NACo (National Association of Counties) meeting on July 26.

Commr. Campione asked whether the increase in the Solid Waste budget that was related to the convenience centers and hazardous waste disposal was because of a cost increase to provide those services.

Mr. Koontz responded that they have been able to leverage the fact that there was fund balance in previous years to offset an increase in the general fund transfer.

Commr. Campione asked if the County has seen an increase in utilization of those convenience centers by the residents.

Mr. Jim Stivender, Public Works Director, answered that the convenience center numbers are about the same, but the hazardous waste disposal utilization numbers have been increasing.

Commr. Campione asked how much they spend on the federal lobbyist and commented that although they see a benefit of having a state lobbyist, she does not know what their return on investment is for the federal lobbyist.

Mr. Koontz answered that they spend $72,600 a year on the federal lobbyist.

Mr. Heath elaborated that the SAFER grant is an example of something that the federal lobbyist is helping the County with right now, noting that it was a competitive process, since they were competing with 1,000 other jurisdictions for a little over 100 grants awarded.  He offered to have the lobbyist make a presentation before the Board at a future BCC meeting.

Commr. Conner mentioned that they had received some federal money for construction on the bridge on Hwy 19 connecting Tavares and Howey-in-the-Hills.

Commr. Campione requested that the Board keep in mind a possible reduction in the Metro Orlando EDC (Economic Development Commission) funding to use that money towards the County’s own recruitment efforts.

Commr. Parks replied that the Board will have a separate workshop on that issue, along with the use of TDT (Tourist Development Tax) funding.

Commr. Cadwell requested that the Board consider putting $50,000 in this year’s budget and another $50,000 in next year’s budget to offset the cost of some badly-needed soccer utility fields for the City of Fruitland Park which will be part of a Northwest Community Park at some point in the future pursuant to the Parks Master Plan.

Commr. Parks mentioned that he asked Mr. Heath for a spending plan on getting South Lake Park done expeditiously in a three-year timeframe to be considered by the Board.

Mr. Heath remarked that the budget is starting to get very tight now, but they can accommodate Commr. Cadwell’s request to put that in the budget for consideration.  He also recommended that the Board work on coming up with a plan for prioritization of the new infrastructure sales tax authorization which will start in January 2018 after they finish the 2017 budget and to have a series of work sessions this fall to discuss a schedule for the projects using the limited amount of money coming in every year from the infrastructure sales tax.

other business

appointment of members to arts & cultural alliance

On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the reappointment of the following members to the Arts & Cultural Alliance to serve a two-year term ending July 31, 2018:  Keith Mullins (City of Clermont), Amy Painter (City of Leesburg), and Diane Merchant (City of Minneola), as well as appointment of Joyce Bell to represent the City of Fruitland Park for a one-year term on a rotating basis, ending July 31, 2017.

REPORTS – COMMISSIONER conner –DISTRICT 3

waiver of animal licensing fees for veterans’ service dogs

Commr. Conner asked and received consensus for the County Attorney to look into a code change regarding waivers of animal licensing fees for service dogs for veterans.

Ms. Melanie Marsh, County Attorney, elaborated that the County Attorney’s Office is in the process of researching that issue and whether they need to make a change to the code but noted that ultimately the County Manager has the ability to waive any of the fees in the fee schedule.

Commr. Sullivan commented that there are a lot of people trying to take advantage of that program for animals that do not necessarily meet the criteria for what they are trying to accomplish.

distribution of additional veterans’ handbooks

Commr. Conner asked the County Manager about distribution of additional veterans’ handbooks, since he has received many requests for them.

Mr. Heath assured him that it was already in the budget to do so.

REPORTS – COMMISsIONER campione – DISTRICT 4

pet licensing fees

Commr. Campione commented that the website for pet licensing was not very user friendly and asked whether there was an alternative to PetData, Inc., the system currently used by the County, that could be done in-house or chosen through an RFP (Request for Proposal) process to make the system more user-friendly and help get the message across that the pet licensing fees will be helping to fund the spay and neuter program, which she believes will result in better participation.

Commr. Parks assured her that Mr. Heath will investigate and report back to the Board about those issues.

reports – commissioner cadwell – vice chairman and district 5

naco 2016 credentials voting form

On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved to complete and submit NACo's 2016 Credentials Voting form naming Lake County's Designated County Delegate (and County Alternate) authorized to pick up and cast the County's votes, and designate approval for the President of FAC to pick up and cast Lake County's vote if Lake County's ballot is not picked up at the conference.

reports – county manager

acknowledgement of departing employee

Mr. Heath acknowledged Mr. Binh Nguyen, Budget Manager, for his excellent work and professionalism and announced that Mr. Nguyen was leaving to work for the League of Cities in Orlando.  He pointed out that Mr. Nguyen worked six weeks after giving his notice in order to be able to put the budget together.

reports – commissioner parks – chairman and district 2

appointments to value adjustment board

On a motion by Commr. Conner, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the appointments of Commr. Cadwell and Commr. Sullivan to the Value Adjustment Board.

On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the appointments of School Board Members Bill Mathias and Roseanne Brandeburg (as alternate member) and Mr. Ralph Smith as citizen member chosen by the School Board to the Value Adjustment Board.

parking at minneola athletic complex

Commr. Parks related that the City of Minneola had concerns about parking at the Minneola Athletic Complex flowing out into the streets and blocking traffic, and the County has sent an agreement to the School District to allow those attending events at that complex to use the school parking at Grassy Lake Elementary School, which would provide ample parking without requiring people to cross over at the intersection at Lake Minneola High School.  He added that he was currently waiting for the School District’s approval of that agreement.

fire advisory committee

Commr. Parks requested that the Board discuss at a future meeting the County’s plan for a Fire Advisory Committee.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:00 p.m.

 

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sean M. parks, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK