A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

July 10, 2018

The Lake County Board of County Commissioners met in regular session on Tuesday, July 10, 2018 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Kathleen Bregel, Deputy Clerk, Board Support.

INVOCATION and pledge

Pastor John Blake of the Good News Church in Leesburg gave the Invocation and Commissioner Sullivan led the Pledge of Allegiance.

Clerk of the circuit court and comtroller recognition

Commr. Sullivan recognized and welcomed Mr. Gary J. Cooney as the new Clerk of the Circuit Court and Comptroller and expressed his desire to continue the great relationship the Board of County Commissioners (BCC) has with the Clerk’s Office.

Mr. Cooney thanked the Chairman for welcoming him.

Agenda update

Mr. Jeff Cole, County Manager, stated that Tab 54 was added after the agenda had been published the previous week, which was an addendum to the County Attorney’s Consent Agenda.

Commr. Parks commented that he would like discussion on Tab 38 as there were special guests in attendance to speak on this item.

Commr. Campione remarked that there were several citizens who wanted to speak on the Lake Norris Road situation and she asked if it could be addressed earlier in the meeting to accommodate those present.

employee and quarterly awards

Ms. Jeannine Nelson, Human Resources Manager, announced that they would be recognizing recipients of the employee quarterly awards as well as employees who had reached significant milestones in their careers with Lake County as follows:

QUARTERLY AWARDS

EMPLOYEE OF THE QUARTER

CJ Eaton, Public Works, Office Associate III

Ms. Nelson stated that Ms. CJ Eaton was being recognized as the Employee of the Quarter and commented that she was a valuable asset to the Lake County Public Works Department in the right-of-way section and that she goes above and beyond her normal duties to make sure her coworkers and her department have what they need to accomplish their tasks. She stated that Ms. Eaton always has a “can-do” attitude, is enthusiastic and displays professionalism in all situations. She mentioned that Ms. Eaton continues to look for ways to help the office run more efficiently by updating procedures, organizing them and making them available for anyone to use when needed. She thanked Ms. Eaton for all her hard work and service to the county.

SUPERVISOR OF THE QUARTER

Jack Gangi, Chief Inspector, Building Services

Ms. Nelson stated that Mr. Jack Gangi was being recognized as the Supervisor of the Quarter and noted that he works enthusiastically and personifies Lake County values. She commented that Mr. Gangi was dedicated to handling customer concerns with poise, humor and confidence. She mentioned that he works well with zoning, permitting, inspections and plan review employees to assist in streamlining complicated building projects that might need additional assistance. She said he has a helpful demeanor and is well respected by contractors, staff and customers who meet with him. She remarked that he leads others by his own example and endeavors daily to show his dedication to the county. She commented that his commitment to excellence in all projects makes him a great supervisor and worthy of this award.

T.E.A.M. OF THE QUARTER

Automatic Defibrillator Training Team:

Dan Miller, Office of Fire Rescue

Thomas Mitchell, Jr., Office of Fire Rescue (not present)

Jason Rivera, Office of Fire Rescue (not present)

Albert Howard, Office of Fire Rescue

Kelly Boeder, Office of Fire Rescue

Raymond Cloutier, Office of Facilities Management

William Haubner, Office of Facilities Management

Angela Harrold, County Manager’s Office

David Walker, Information Technology Department

Ms. Nelson recognized the Automatic Defibrillator Training Team for being instrumental in the installation of the automatic electronic defibrillators (AED) for the County Administration Building (CAB). She relayed that due to the high volume of traffic in this building, automatic defibrillators had been installed on each floor and that they are a valuable tool if a potential cardiac emergency occurs. She commented that once the AEDs were installed, Ms. Kelly Boeder and Battalion Chief Miller coordinated a training schedule with Ms. Angela Harrold; additionally, with the assistance of Mr. David Walker, Lake County Fire Rescue members provided training to over 50 employees in March 2018. She noted that every floor and office within the CAB, including elected officials, had representation present for the training and that now if a life threatening event occurs in the CAB, lifesaving rapid response equipment and training is in place. She then recognized members of the Automatic Defibrillator Training Team who were present at the meeting.

EMPLOYEE AWARDS

FIVE YEARS

William Fussell, Sign & Striping Technician I

Public Works/Traffic Operations

TEN YEARS

Ryan Fickett, Firefighter Lieutenant/EMT (not present)

Office of Fire Rescue

FIFTEEN YEARS

Allison Thall, Health & Human Services Division Manager (not present)

Community Services/Health & Human Services

TWENTY-FIVE YEARS

Jodine Hanson, Commissioners Aide

BCC Administrative Support

RETIREMENT

23 YEARS

Jane Reich, Office of Human Resources and Risk Management, Office Associate V

12 YEARS

CJ Eaton, Public Works Department, Office Associate III

Karen Gouker, Office of Library Services, Office Associate IV

retirement

Mr. Jim Kovacs, Director for the Office of Human Resources and Risk Management, remarked that Ms. Jane Reich began her career with Lake County in 1995 as a Secretary I in the Economic Development Office, that she had held several positions in her 23 years of service including being an Administrative Assistant to the County Manager, Deputy County Manager, Economic Development Director, Community Services Department Director, and Public Resources Department Director and that she was currently working as an interim Human Resources specialist. He noted these highlights of her career: administered the Lake County Indigent Burial Program and Tax Hardship Program, served as clerical support for the Miracle Field fundraising group, coordinated the rental of Lake County’s two community centers, assisted with the scheduling of the Citizens’ Information Line during emergencies, volunteered as the Lake County coordinator for the March of Dimes and Toys for Tots several times, and served on various County teams and committees He shared how grateful Ms. Reich was for being given the opportunity to serve the citizens of Lake County in many different capacities. He mentioned that during retirement, she and her husband planned to spend time with their grandchildren and family and friends, to travel and explore both Florida coasts, to do some boating and fishing, and enjoy her hobbies of reading, yoga, art, shell collecting and cooking. He mentioned that Ms. Reich had stated that Lake County was a wonderful place to live and work, she felt blessed to be an employee for the last 23 years, and that she will miss the many colleagues and friends that she has made through her years of service. He remarked on her pleasant and friendly personality and then thanked her for all her work and wished her well in her retirement.

Ms. Patti Harker, Public Works Department Right-of-Way Supervisor, stated that Ms. CJ Eaton began her career with Lake County in 2000 as an Office Associate for Solid Waste Management and then was rehired in February 2006 as an Office Associate for the Right-of-Way section where she has worked for 12 years. She mentioned that Ms. Eaton was recently selected as Employee of the Quarter and was an invaluable asset to the Public Works Department and right-of-way section. She said that Ms. Eaton has a “can-do” attitude, demonstrates professionalism, is well organized and works hard to increase efficiencies. She noted that Ms. Eaton had prepared detailed procedures on all her daily tasks to ensure that everything runs smoothly and efficiently after she retires. She remarked that Ms. Eaton has a strong work ethic, a genuine concern for the customers she serves, and that she goes above and beyond to make sure customers are satisfied and have a positive experience in the right-of-way office. She stated that Ms. Eaton has a helpful spirit and is appreciated by her co-workers. She said that Ms. Eaton plans to spend her retirement traveling with her family, camping, reading, going to yard sales and assisting the elderly at her church. She then thanked Ms. Eaton for her years of service to the citizens of Lake County and wished her a happy and healthy retirement.

Mr. Boyd Bruce, Regional Branch Manager of Cooper Memorial Library, remarked that Ms. Karen Gouker was a valuable, dedicated employee who was key to the success of the Office of Library Services. He said she had been instrumental in keeping the Lake County Library System moving forward and was the support which the 15 libraries in the system had relied on since March 2006. He said he was honored to have the opportunity to recognize Ms. Gouker for her retirement and to have worked with her and experienced her steadfast devotion.

MINUTES APPROVAL

On a motion by Commr. Breeden, seconded by Commr. Blake, and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 8, 2018 (Regular Meeting) as presented.

citizen question and comment period

Ms. Mona Bennett, a Clermont resident, commented that she moved to Hartle Road in 1977 and that from then until 2016, there was no fire protection near her house, although Lake County Fire Rescue Station 90 is now within a mile from her home. She reported that she received a $50 homeowner’s insurance discount due to the location of a fire hydrant within 800 feet of her home. She asked if the County had a department which could let residents know about this discount as she was not originally aware of it until a local firefighter told her. She stated that the fire engine that services her area runs with two firefighters and opined that the national requirement is four firefighters. She shared concerns with how old this fire engine is and the continued maintenance it requires. She asked for a raise in taxes and for that increase to go to the Lake County Fire Department.

Mr. Vance Jochim, a Tavares resident who writes a blog about governmental issues, remarked that he was having trouble accessing the Board’s meeting agendas, videos and back up packets on the County website and that they were not downloading correctly. He also thanked the Clerk of the Circuit Court and Comptroller for placing the Inspector General’s reports on the website. Lastly, he asked the Board to pull Tab 13 for discussion as well as to have a broader discussion relating to all the employee benefits’ costs and to make that information public.

Commr. Sullivan stated that the agreement under Tab 13 was actually a big savings for the County and that some information was personal health history which could not be legally discussed in public.

Commr. Campione suggested that someone from the Information Technology Department or Office of Communications look at the website for areas where it can be improved and made more accessible to the public.

Commr. Parks commented he had discussed with the County Manager the possibility of putting a dashboard on the website containing budget, permit and statistical information for the public’s view.

Commr. Blake noted that the home page for Sumter County had a dashboard on the homepage.

comments regarding tab 38 bicycle signage

Commr. Parks stated there were some special guests who wanted to share thoughts on Tab 38 regarding the request for bicycle signs on Sugarloaf Mountain Road and surrounding roads.

Ms. Diane Travis, Clermont City Council, thanked the Board for placing Tab 38 on the agenda and opined it would help with signage for cyclists. She asked that in addition to this item, if the Board would consider a request for speed limit reduction signs in that same area due to the new turnpike exit coming out on County Road (C.R.) 561A and cyclists using that road. She also stated the city was bidding on several cycling events to come to the county and requested the repaving of Suglarloaf Mountain Road due to the dangerous conditions of that road for cyclists. She mentioned that the owner of Epic Cycles World in Clermont had generously offered to promote a benefit ride to help pay for the repaving of this road.

Mr. Fred Sommer, Founder of Sommer Sports in Clermont, commended the County for their support of cycling and triathlon events through the years. He commented that these events as well as people who come to the area for recreation were both big economic drivers for the community. He opined that as the county grows, there are more issues with road conditions and conflicts between cyclists and drivers and that it becomes a challenge to stage these events. He felt the County and the community could do a better job to communicate the importance of safety and the rules of the road. He agreed with Ms. Travis that the condition of Sugarloaf Road was hazardous for cyclists and reported that about five or six athletes had to be airlifted out of that area due to crashes caused by road defects. He asked the Board to consider what could be done for safety, such as signage and enforcing rules for cyclists and motorists, and offered his help in this matter. He opined that the number of people coming to the area to bike was diminishing because they did not feel it was a safe area to cycle anymore.

Commr. Parks thanked Mr. Sommer for all he has done to bring endurance sports and triathlons to Lake County and commented how those events contribute to the county’s economic growth. He shared his support of expediting the resurfacing of that road since it was an attraction that brings people from all over the state. He stated that some of the South Lake cities wanted to host these events in the future and opined that the road’s current condition would prohibit them from winning those bids. He complimented Mr. Fred Schneider, County Engineer, and his staff for quickly creating ideas for expediting the repaving of that road at a good value which they would be presenting to the Board in August and September of this year. He added that this agenda item also contained some signage that will direct cyclists and users of the road to restroom facilities at the Green Mountain Scenic Overlook.

Mr. Cole remarked that signs warning motorists that it is a high biking area were also going to be installed in that area. He reported that a speed analysis would be conducted on Sugarloaf Mountain Road and the loop around it, which includes part of County Roads 561, 455 and 561A. He stated that in August 2017, the Board had a public hearing and approved spending amounts for paving for this year; additionally, he noted that the spending plan for paving for next year would be brought before the Board in September 2018 and that Mr. Schneider was considering how to elevate this area as a priority.

Commr. Parks opined that C.R. 561A was a problematic road in regards to speed limits.

Commr. Campione asked for confirmation that Tourism Development Taxes (TDT) could not be used to pave a road like Sugarloaf Road which is being utilized as a recreation and competition road. She asked if it could be used for adding shoulders or a trail along the side of the road.

Ms. Melanie Marsh, County Attorney, confirmed it could not be used for paving roads. She added that it could not necessarily be used for shoulders but could be used for trails if shown that it primarily supported the promotion of tourism.

Commr. Campione opined it was a special area, an asset within Lake County, and that it should be elevated to be taken care of so it could continue to be a focus for county triathlons. She felt it was a good pilot area to see how the signage would work and that she hoped the cyclists and motorists would integrate well together.

Commr. Parks complimented staff for quickly working to place a traffic signal at the intersection of C.R. 561 and C.R. 561A.

Commr. Breeden mentioned that Ferndale Preserve could possibly be promoted as an alternative parking and rest stop area.

Commr. Sullivan reported that TDT funds could possibly be used for signs as a support of tourism and sports.

Commr. Campione asked if TDT funds could be used for restrooms related to tourism events.

Ms. Marsh replied that it would have to be determined that it was primarily for the purpose of promoting tourism.

Commr. Parks agreed with the thought of using TDT funding wherever possible for these endurance related events.

CLERK OF the circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Breeden 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 8, 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.

Cascades at Groveland CDD Proposed 2019 Budget

Request to acknowledge receipt of the Cascades at Groveland Community Development District Proposed Budget for Fiscal Year 2018/2019 in accordance with Section 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.

Estates at Cherry Lake CDD Proposed 2019 Budget

Request to acknowledge receipt of the Estates at Cherry Lake Community Development District Proposed Budget for Fiscal Year 2018/2019 in accordance with Section 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.

Greater Lakes/Sawgrass CDD Proposed 2019 Budget

Request to acknowledge receipt of the Greater Lakes/Sawgrass Bay Community Development District Proposed Budget for Fiscal Year 2018/2019 in accordance with Section 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.

Central Lake CDD Proposed 2019 Budget

Request to acknowledge receipt of the Central Lake Community Development District Proposed Budget for Fiscal Year 2019 in accordance with Section 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.

City of Tavares Ordinance 2018-03

Request to acknowledge receipt of Ordinance No. 2018-03 from the City of Tavares amending the boundaries of the city by annexing approximately 222 acres of land located west of Apopka Beauclair Canal, north of Lake Diane, south of East Shirley Shores Road and east of Shirley Shores Road, rezoning said property from Lake County Agriculture (A) and Community Facility District (CFD) to City of Tavares Planned Development (PD) and City of Tavares Wetlands Preservation Area (WPA).

City of Umatilla CAFR

Request to acknowledge receipt of the City of Umatilla’s FY17 Comprehensive Annual Financial Report.

Inspector General Reports

Request to acknowledge receipt of the Inspector General Report BCC-162 Audit of Solid Waste Assessment and Inspector General Report BCC-163 Audit of Office of Library Services.

COUNTY MANAGER’S CONSENT agenda

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 44, pulling Tab 39 for discussion, and adding Tab 54, as follows:

COUNTY ATTORNEY

Request approval to:
1. Declare County-owned property located on West Desoto Street in Clermont (a/k/a Alternate Key 1614937) as surplus and donate to the William Alfred Suggs Memorial Post No. 5277 Veterans of Foreign Wars of the United States, Inc. (VFW).
2. Execute the donation Resolution 2018-68 and County Deed.
3. Terminate Revocable Non-Exclusive License Agreement with the VFW, waiving the thirty (30) day notice requirement for termination.
There is no fiscal impact.  Commission District 2.

Request approval:
1. To repeal and replace Resolution Nos. 2018-53, 2018-54, 2018-55, 2018-56, 2018-57, 2018-58 and 2018-59 and adopt replacement Resolutions 2018-80 (Michael T. Quinn and Celeste M. Quinn), 2018-81 (David L. Williams and Linda Safranek Williams), 2018-82 (Kimberly Arning Cook f/k/a Kimberly E. Adams-Arning), 2018-83 (Robert J. Arnick), 2018-84 (Christopher McCarthy and Mary Ann McCarthy), 2018-85 (Connie K. Clem), and 2018-86 (David Outar and Rajukmarie Outar).
2. Of additional Resolutions 2018-87 (Dale H. Stafford, Eugene C. Dellinger and Julian G. Tack, as Trustees of Clermont Florida Congregation of Jehovah’s Witnesses), 2018-88 (William Dailey and Patricia Ann Dailey, as Successor Co-Trustees of the William H. Dailey and Ruth E. Dailey Revocable Trust Agreement), 2018-89 (Kenneth M. Kern and Sabrina J. Kern), 2018-90 (Edward Kleiman), 2018-91 (Nicholas Marquez), 2018-92 (Brian J. Schmidt), and 2018-93 (Vista Grande Properties, LLC) instituting eminent domain proceedings.
3. To proceed with pre-suit negotiation offers for acquisition of property needed for portions of the Citrus Grove Road Project.
The fiscal impact cannot be determined at this time. Commission District 2.

Request approval for the County Attorney, or designee, to execute the Stipulated Final Judgment in Court Case No. 2017-CA-1623, Lake County vs. Chang Chen, et al., (parcel number: FP-57) for needed right of way on the CR 466A Road Project, Phase 3A. The fiscal impact is $20,633.00 (total settlement of $47,633.00 less $27,000.00, which was previously deposited with the Court per the Stipulated Order of Taking). Commission District 5.

Request approval of renewal of Lease Agreement with Village Lake Promenade, LLC, d/b/a Lake Square Mall, for Sheriff's Office Space. The estimated fiscal impact for fiscal year 2018 is approximately $2,400.00 for electric services for August and September 2018. Commission District 3.

Request approval of an agreement with Bella Collina Property Owner’s Association, Inc., to enforce traffic laws on the private roads within its gated community located in Montverde. There is no fiscal impact. Commission District 2.

Request approval of precinct changes at the request of the Supervisor of Elections. There is no fiscal impact.

Request approval of Resolutions 2018-94 (Henrietta Esparza and Rafael Esparza), 2018-95 (John B. Lawrence and Andrea J. Lawrence), 2018-96 (Oak Valley DLSU, LLC), 2018-97 (Jose Pablo Ojeda and Walkiria Ojeda), 2018-98 (Baalmeeki Parsram and Chandramattie Singh), 2018-99 (D. Robert Pelton and Betsy Rodriguez-Pelton), 2018-100 (Brian T. Sheahan and Joell B. Sheahan), and 2018-101 (Robert Small and David Small) instituting eminent domain proceedings for acquisition of property needed for portions of the Citrus Grove Road Project and approval to proceed with pre-suit negotiation offers. The fiscal impact cannot be determined at this time.

MANAGEMENT AND BUDGET

Request approval of the Veterans Treatment Intervention Programs Agreement. The estimated fiscal impact is $21,250.00 (revenue) for fiscal year (FY) 2018, and $63,750.00 (revenue) for FY 2019.

Request approval for the Chairman to execute the Florida Division of Emergency Management Public Assistance Subgrant Agreement for Hurricane Irma and any additional amendments to the agreement as required. The fiscal impact is $48,905.21 (revenue).

HUMAN RESOURCES AND RISK MANAGEMENT

Request approval to award Contract 18-0013 to RobinsonBush, Inc. (Orlando, FL), to provide employee benefit consulting services for Lake County. The estimated annual fiscal impact is $49,626.00 (expenditure).

Request approval for the County Manager to approve payment to Motorola or other authorized vendors for emergency response, labor and replacement parts for repair of any Lake County owned communication tower damaged due to verified lightning strike(s) or other weather-related damage. The fiscal impact is up to $75,000.00 (expenditure) per tower per occurrence.

Request approval for the County Manager to enter into an agreement with Florida Blue - Better You to provide Personal Health Risk Assessments (PHRA) and bio-metric screenings for all employees enrolled in the County's health plan, approval of the full premium equivalents and employee share amounts for health insurance for fiscal year 2019 and approval of the continuation of the 7% premium reduction for employees who complete a PHRA between September 1 and November 30, 2018.  The estimated annual fiscal impact is $93,327.44.

PUBLIC SAFETY AND COMPLIANCE

Public Safety

Request approval to award a contract for gate installation for the Public Safety and Fleet compound in Groveland under Request for Quote 2018-00099-1 to Better Fence Company of Central Florida (Deland, FL), and authorization for the Office of Procurement Services to execute all related documentation. The estimated fiscal impact is $32,400.00 (expenditure).

Request approval:

1. To accept and execute the fiscal year (FY) 2019 Emergency Management Performance Grant (EMPG) Agreement.
2. To receive the EMPG Agreement from the State of Florida, Division of Emergency Management, in the amount of $92,840.00.
3. For the County Manager to execute future amendments/modifications that do not involve additional fiscal impact.
4. For the County Manager to approve related budget transfers.
5. For the Emergency Manager to execute the certification required under Section 9B of the EMPG and to execute this certification for any other future emergency management grants received by the County.  

The fiscal impact is $92,840.00 (revenue and expense).

Request approval to:

1. Accept the 2018 E911 State Grant Program award for Next-Generation 911 Network Funding Upgrade.
2. Authorize the County Manager, or designee, to execute all supporting documentation and related expenditures.
3. Execute Unanticipated Revenue Resolution 2018-70 for the revenues and expenditures.
The fiscal impact is $99,924.50 (revenue – 100% grant funded).

Request approval of the Interlocal Agreement with the City of Fruitland Park for Lake County addressing. The fiscal impact cannot be determined at this time.

INFRASTRUCTURE AND INTERNAL SUPPORT SERVICES

Facilities Management

Request approval to award a contract for backflow prevention assemblies and fire hydrant services throughout the County on an as-needed basis to Aaron's Backflow Services, Inc. (Lake Mary, FL). The estimated annual fiscal impact is $28,077.00 (expenditure). 

Public Works

Request approval to execute a Developer’s Agreement with SECEF Island Investments, LLC, for Stockpile Removal and Hauling from property located on Lester Way in Eustis. There is no fiscal impact. Commission Districts 4 and 5.

Request approval and authorization for the Chairman to execute the Fiscal Year 2018/2019 Detailed Work Plan Budget - Arthropod Control for the Lake County Mosquito Management Program pursuant to Section 388.201, Florida Statutes, and Florida Administrative Code Chapter 5E-13. The fiscal impact is $33,404.00 (revenue - 100% grant funded).

Request approval of Resolution 2018-71 to establish a 25 MPH speed limit on Punkin Center Road, in the Howey-In-The-Hills area. The fiscal impact is $200.00 (expenditure - sign materials). Commission District 3.

Request approval of Resolution 2018-72 to reduce the speed limit from 30 MPH to 25 MPH on Palisades Boulevard, in the Clermont area. The fiscal impact is $200.00 (expenditure - sign materials). Commission District 2.

Request approval of an agreement with the Palisades Homeowner's Association, Inc. setting forth obligations concerning the installation, maintenance, repair and replacement of radar speed signs in the Palisades Community, located in Clermont. There is no fiscal impact. Commission District 2.

Request approval of Resolution 2018-73 authorizing the installation of a stop sign on Spring Lake Drive at the intersection of Masters Drive, located in the Clermont area, in order to create an all-way stop condition. The fiscal impact is $100.00 (expenditure - sign materials). Commission District 1.

Request approval to repeal Keep Lake Beautiful Resolutions 2015-35 and 2017-23, and combine them to create one Resolution 2018-78 that would clarify member roles and quorum requirements. There is no fiscal impact.

Request approval to apply for fiscal year 2019 Florida Fish and Wildlife Conservation Commission bear-wise grant funds to purchase 390 bear-resistant garbage carts for deployment to Lake County residents per the County’s approved fee schedule, and approval to purchase 107 additional carts utilizing funds collected from previous cart deployment. The fiscal impact is $27,080.00 (revenue/expenditure).

Request approval to accept public right of way and easement deeds that have been secured in conjunction with development, roadway, and stormwater projects. The fiscal impact is $718.10 (expenditure - recording fees). Commission Districts 2, 3, 4, and 5.

Request approval to:
1. Execute a Partial Release of Easement for a portion of an existing Access, Drainage, and Utility Easement with the Shoppes at Hammock Ridge Crossing, LLC, located in Clermont.
2. Accept a revised Access, Drainage, and Utility Easement which covers the re-configured portion of the easement as part of a re-development site plan for Chick-Fil-A.
The fiscal impact is $79.50 (expenditure - recording fees). Commissioner District 2.

Request approval:
1. To award the project for the Harris Road Drainage Improvements in Tavares, Project No. 2018-03, Bid No. 18-0920, to Hartman Civil Construction Co., Inc. (Ocala, FL) in the amount of $85,900.00.
2. To encumber and expend the $85,900.00 to Hartman Civil Construction Co., Inc. from the Stormwater MSTU fund.
The fiscal impact is $85,900.00 (expenditure). Commission District 3.

Request approval to accept the final plat for Hilltop Citrus Estates, located north of Minneola, and all areas dedicated to the public as shown on the Hilltop Citrus Estates final plat. The fiscal impact is $1,551.00 (revenue – final plat application fee). Commission District 2

Request approval to accept a performance bond of $171,541.70 associated with Right-of-Way Utilization Permits #8146 and #8274 issued to construct sidewalks and install a water main on County Road 468 for the City of Fruitland Park’s public library. The fiscal impact is $200.00 (revenue – permit application fees). Commission District 5.

Request approval to release a maintenance bond of $53,057.95 that was provided for the maintenance of infrastructure in the Johns Lake Landing Phase 3 subdivision, located in Clermont. There is no fiscal impact. Commission District 2.

Request approval to:
1. Accept the final plat for Woodland Hills Acres, located north of Groveland, and all areas dedicated to the public as shown on the Woodland Hills Acres final plat.
2. Execute a Developer’s Agreement for Maintenance of Improvements with Florida Land Sales, LLC (Jacksonville).
3. Accept a cash surety of $12,707.25 for maintenance of improvements.
4. Execute Resolution 2018-74 accepting Woodland Hills Court (County Road No. 2832) into the County Road Maintenance System.
There is no fiscal impact.  Commission District 1.

Request approval:
1. To execute a change order to current contract number 16-0015 with Kittelson & Associates Inc., to provide for a Mobility Fee Study.
2. For the Office of Procurement Services to execute all supporting documentation.
3. Of a budget transfer to move funds from the capital account(s) to the operating account(s).
The fiscal impact is $74,724.00 (expenditure).

Request approval to award contract 18-0912 to Tindale-Oliver & Associates, Inc., d/b/a Tindale Oliver (Tampa, FL), to provide on-call, ADA consulting services on an as-needed basis. The expenditures for fiscal year 2018 of the current contract were approximately $100,000.00. The fiscal impact cannot be determined at this time.

Request approval:
1. To release Security Agreement - Pledge of Certificate of Deposit in the amount of $567,659.73 posted to satisfy the maintenance bond requirement for the CR 466A project constructed by The Villages of Lake-Sumter, Inc. and located in Fruitland Park.
2. For the County Manager to execute the Release of Pledge document. 
There is no fiscal impact.  Commission District 5.

Request approval to accept a performance bond of $48,635.30 associated with Right-of-Way Utilization Permits #8303 and #8304 issued to construct a force main and water main on County Road 470 for The Villages Phase III project in Leesburg. The fiscal impact is $200.00 (revenue – permit application fees). Commission District 1.

Request approval of the City of Clermont’s request to install Bicycle May Use Full Lane regulatory signs on Sugarloaf Mountain Road, on segments of County Roads 561, 561A, and on CR 455 in the Minneola area and the supporting Resolution 2018-79. The fiscal impact is $800.00 (expenditure - sign materials). Commission Districts 1 and 2.

COMMUNITY AND TECHNICAL SUPPORT SERVICE

Community Services

Request approval to augment the Paint Only Program in the Mount Plymouth-Sorrento Community Redevelopment Area and rename it the Facade Improvement Program with new language and expanded parameters for eligible uses that will enhance the facade of the grant recipient's commercial property. The fiscal impact is $12,500.00 (expenditure – Tax Increment Financing Fund). Commission District 4.

Request approval of the First Amendment to the Agreement with Mid Florida Community Services, Inc., for transportation services to the four meal sites within Lake County. There is no fiscal impact.

Parks and Trails

Request approval of contract 18-0436, Delivery and Installation of Lime Rock, 57 Stone, and Coquina Shell Rock for the Office of Parks and Trails to Tom’s Playground of Central Florida (Eustis, FL), and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $100,000.00 (expenditure).

Request approval to award contract 18-0437, Plumbing Repair and Maintenance Services to DeSanto Plumbing (Astatula, FL), and TFR, Inc., dba Ross Plumbing (Leesburg, FL). The estimated annual fiscal impact is $50,000.00 (expenditure).

Request approval to award contract 18-0919 for improvements at East Lake Community Park, located in Sorrento, to Bulldog Sitework, LLC (Lady Lake, FL). The fiscal impact is $480,789.49 (expenditure). Commission District 4.

tab 39 lake norris road and Resolution 2018-75

Mr. Cole provided some background regarding this tab mentioning that staff became aware of the St. Johns River Water Management District’s (SJRWMD) plans to haul out a significant amount of sand from the Lake Norris Conservation Area via Lake Norris Road from area residents at the June 5, 2018 BCC meeting. He stated that staff was directed to acquire more information and then place Tab 39, addressing potential truck traffic on Hart Ranch and Lake Norris Roads, on today’s agenda. He explained that this tab prohibits trucks weighing more than 10 tons from using either road without a permit. He elaborated that as a result of the Board’s discussion on potential impacts of truck traffic on these roads, the Public Works Department conducted soil borings on both roads in June 2018 and both roads were found to lack the foundation to support the volume of truck traffic being contemplated. He said that based on this information, County staff rescinded a May 2017 letter that had been issued to the Wetlands Bank Company that indicated no permit was required to remove the sand. He indicated that the County Attorney and he had discussed these issues with the SJRWMD staff and that he had also discussed this with the SJRWMD governing board chairman. He said that while the SJRWMD preferred to haul the sand off the property, their staff indicated that relocating the sand on site was a viable option. He remarked that he had received requests from the SJRWMD and representatives from the Wetlands Bank Company to postpone Tab 39 because the SJRWMD had a board meeting this same day and their chairman wanted an opportunity to address the BCC. He reiterated that Tab 39 prohibited trucks over 10 tons from using Hart Ranch or Lake Norris Roads without a permit and he felt that this agenda item would allow time for staff to continue to discuss related issues with the SJRWMD staff, to evaluate options, and for the BCC to decide if they would like to hear from the SJRWMD board chairman.

Commr. Campione commented that the trash haulers on that road would then need a permit.

Ms. Marsh clarified that the resolution on Tab 39 was set up so that local deliveries to residential properties only would be excluded and also authorizes the County Engineer to issue a permit to services the County has already approved, such as trash hauling companies. She explained that if this item was approved today, a permit application process which would be part of the County Code would be presented to the Board in August 2018.

Commr. Campione inquired about the SJRWMD’s plan to build a road on their property.

Ms. Marsh replied that the County did not have control over them building on their property.

Commr. Sullivan indicated this was not a mining permit but rather an overburden project since they are taking sand off the surface.

Commr. Campione recalled that it was a mine for quite some time and then the land was purchased as part of a conservation effort. She explained that what was left over were these mounds of sand from the mining operation and that now they wanted to remove and sell the sand. She alluded to the possibility mentioned of dispersing the sand on the property as part of another type of mitigation plan.

Commr. Parks asked if there would be a loss of credits if they moved the sand within the property.

Mr. Cole replied the SJRWMD or the representative from the mitigation bank would need to answer that question and indicated that representatives from those organizations were present in the day’s meeting.

Commr. Sullivan opened the floor for public comment.

Ms. Patricia Walker, a resident on Lake Norris Road, opined the following regarding Lake Norris Road: it gives access to over 400 homes; school age children live on it; it is the only way in and out to get to their homes therefore making it impossible to avoid the proposed dump trucks; the length of the road wanting to be used is two and a half miles long with a width of less than 18 feet; four hills on the road prevent drivers from seeing oncoming traffic; there are 27 roads and driveways that intersect this section of the road; it is lined with pine trees, mail boxes, ditches and 51 power poles; and it has an unforgiving shoulder. She opined that residents who drive this road encounter wildlife on a daily basis and have to slow down or stop for this wildlife and noted that sometimes drivers are unable to navigate the turn in the road near the conservation area. She stated that she is familiar with this road because she drives, runs, bikes, and rides her horse down it every day and that she passes other riders and pedestrians along the way. She shared concerns for the safety of residents, school buses and the wildlife if dump trucks were allowed to travel on this road.

Mr. Robert Miller, Chief Operating Officer of the Wetlands Bank Company and managing member of Blackwater Creek Wetland Mitigation Bank, stated they hold the rights to perform the mitigation work within the Blackwater Creek Wetland Mitigation Bank which is part of the Lake Norris Conservation Area. He addressed four points with the BCC. First, he said his company was in agreement with both residents and Lake County staff that Lake Norris Road was not the proper route to remove the material. He stated that Hart Ranch Road was the historic road constructed by the mine for the removal of the material mined in the past and was used between 2002 and 2013 to remove over a million cubic yards of material. Secondly, he stated that his company had always operated in a transparent manner, noting they came to Lake County in 2017 to advise them of the material that needed to be moved. He indicated that this material must be removed and cannot be moved on site if the restoration is to be performed. He explained that the cost to move the material on site would be approximately $8 million and that the credits that would be given for this restoration work was not enough to offset those costs. He added that if Lake County and the SJRWMD would like that to be done and were willing to offset these costs, then his company could do that. Thirdly, he commented that the restoration program and the flow of water from the existing sand mine lake flows to the east, and that their final phase of restoration connects that lake to the existing forested areas of the Lake Norris Conservation Area that currently need enhancement by additional hydrology, which is the reason why these sand piles must be moved and the restoration work completed. Lastly, he requested that Lake County and the SJRWMD be transparent just as his company has always been, noting that they had approached Lake County to advise them of what they were doing, addressed concerns with previous hauling operation issues on Hart Ranch Road, and agreed to several operational constraints on that road as well as limited operating hours. He remarked that even when the SJRWMD notified them to use Lake Norris Road instead of Hart Ranch Road, they came back to Lake County to advise them of what they were being required to do and were open to discussing any issues. He concluded that they remained willing to discuss concerns with Lake County staff and local residents, and to utilize Hart Ranch Road if that was the preferred route. He asked the BCC to postpone the weight restriction until there was a chance to discuss.

Commr. Campione asked what other roads they would utilize in addition to Hart Ranch Road, specifically if they would be traveling on C.R. 44A, C.R. 439 or C.R. 437, as the potential truck traffic would affect other county roads.

Mr. Miller opined that there was another agenda item for this meeting that involved removing material while using the same county roads and that those roads were sufficient to handle truck traffic.

Commr. Campione opined that these roads were not sufficient and she also inquired about the number of trucks per day that would utilize these roads.

Mr. Miller replied that his company was willing to discuss the timeframe and that the current agreement with the County allowed for five years to haul the material. He commented that they anticipated around 100 to 200 trucks per day.

Mr. Cole reiterated that staff conducted soil tests in June 2018 and that the foundations for both Hart Ranch and Lake Norris Roads were found to be unable to sustain that amount of truck traffic.

Mr. Miller commented they were prepared to address those issues.

Mr. Paul Renick, a resident currently building a house in the Lake Norris Conservation Area, opined that a statement made by the SJRWMD attorney at a recent meeting regarding everyone enjoying a profit only referred to the companies involved in doing the mitigation and selling the sand. He hoped that in the permitting process for trucks over 10 tons to utilize these roads, there would be parameters to address the expense that the County would possibly incur in repairing these roads, recalling Commissioner Campione’s comment that regardless of whether they use Hart Ranch or Lake Norris Roads, they would also use C.R. 44A, then possibly C.R. 437, C.R. 44, or C.R. 46A. He shared concerns with available funds in the county budget to repair these roads if trucks damage them. He opined that moving 1,680,000 cubic yards of sand was mining, and equated to 168,000 trucks, 330,000 total truck trips, and 250 trucks a day. He felt that moving the sand within the same property would accomplish the SJRWMD’s stated goal in their land management plan for the Lake Norris Conservation Area. He thanked the Board for their consideration of this matter.

Mr. Robbie Gossett, a Lake County resident and board member of the First Green Foundation, agreed with the previous residents and shared concerns that the amount of trucks and the length of time needed was too much for a conservation area. He reported that the First Green Foundation contributed $50,000 to the Lake County Water Authority to help preserve land in this area and felt that building a road through it violated the idea of it being a conservation area.

Mr. Ken Laroe, a resident on Lake Seneca Road near C.R. 44A, stated he spends a significant amount of time riding and running within the Lake Norris Conservation Area. He opined that this situation was a violation of public trust as the SJRWMD was given money to purchase this land for the purpose of conservation and not to profit from it. He expressed frustrations with the possibility of a road being built in the conservation area. He shared an example of another sand mining project in that area that had extensive truck traffic and opined that the noise from the trucks was annoying and made it almost impossible to get to work due to the constant stream of trucks. He asked the Board to do whatever was possible to prevent the trucks from traveling on county roads.

Mr. Chip Garner, Certified Public Accountant, asked the Board to say no to this request for truck traffic for the common good of the homes in the area.

Ms. Laine Vignona, a former resident of the City of Leesburg and a member of the First Green Foundation Board, commented that she was asked to join this board in the role of environmental scientist and that she had previously taught at Lake-Sumter State College. She remarked that wetland mitigation had been around for about 30 years and was intended as a way to improve the environment as a tradeoff for development. She opined that building wetlands in sandy areas would take a great deal of effort and questioned if this was the best location for this. She asked that if the intention was for the sand to be used for the Wekiva project, then she suggested that it be subject to an environmental impact statement. She shared sympathy for residents who live in this area and also questioned the air quality that would be impacted by these trucks and their emissions and opined that allowing that type of air quality degradation was not suitable for a conservation area.

Mr. Michael Murray, a 40 year resident of Lake Norris Road, stated that the proposed trucks would travel right in front of his home which is less than 150 feet from the road. He opined it would be unbearable to live there, that he would not be able to sell his home and that his loss would be great for him as well as others who lived on that road. He shared concerns with possible car accidents on the road if sand trucks were permitted to drive it as he opined it was already difficult to pull out of his driveway due to blind spots. He questioned the suitability of the road as well as the damage caused to the road by the truck traffic. He indicated that due to an old lakebed in the section of road in front of his house, the County has to come and fix that part of the road every year; additionally, he was concerned about how the additional truck traffic could even travel on this section. He shared concerns for the safety of children riding their bikes on the road, the school buses, and those crossing the road to go to a local store. He concluded that his main three concerns were for children’s safety, home value, and the integrity of the road.

Mr. Scott Atkins, a resident on Lake Norris Road, thanked the Board for hearing the residents’ concerns and asked the Board to stop the sand trucks from using their road. He remarked that back in June 2018 when he attended the SJRWMD board meeting and shared his concerns, he was told by the SJRWMD that he had to present his case to the Lake County BCC. He thanked the Board for considering putting weight limits on the roads although he shared concerns about the language saying “by permit only” as he felt that the County could give a permit and then the trucks would still be traveling down Lake Norris Road. He opined that the sand had sat on the property for 16 years and self-mitigated with grass growing over it and that to date, there were over 785 people who had signed a petition with the intent to stop the SJRWMD from building a road in the conservation area and from using Lake Norris Road. He agreed with former comments about children’s safety, the amount of wildlife in the area, the importance of preserving the land, the air quality affected by emissions as well as hydraulic fluid and the safety of vehicles on the road with the additional truck traffic. He urged the Board to protect the roads and therefore protect the county residents who pay taxes.

Ms. Laura Pendergrass, a Mount Dora resident, thanked the Board for listening to the public regarding this situation. She stated that the previous speakers had touched on all the same concerns that she had. She opined that this restriction was a deterrent but would not stop the issue completely and asked for the Board to continue to work at resolving this matter.

Mr. Harlow Middleton, an attorney representing property owners in the Lake Norris Conservation Area, remarked that his clients invested in the area due their enjoyment of the lake, the wildlife and the overall nature of the area. He opined that the proposed use of the road for truck traffic would go against everything his clients sought for in that area. He agreed with all the previous comments regarding the conditions of Lake Norris Road and the effect the truck traffic would have on residents and the wildlife. He felt that no one would benefit from the moving of the overburden of sand except the mitigation company.

Mr. Bill Abrams, General Counsel for the SJRWMD, asked the Board to table this item for consideration until County staff, SJRWMD staff and the mitigation company could come to a mutual decision and solution. He stated that the SJRWMD desired to restore the area, open it to the public, put in recreational amenities and then keep conservation in perpetuity. He opined it was not currently in that condition and that there were benefits to having recreational opportunities open to the public and having that habitat for the future. He said the cost was a legitimate consideration and that having people with expertise in restoration, mitigation and sand removal should be included in the discussion. He requested that the Board defer action on this item since the SJRWMD staff was engaged in a governing board meeting at this same time and unable to be present.

Commr. Campione asked if the SJRWMD was considering an item on their day’s agenda pertaining to this.

Mr. Abrams replied that they were considering an amendment to a contract that had already had a previous amendment earlier in the year that allowed them the rights to sell and move the sand off the property in order to restore the land underneath. He relayed that the amendment being considered at their current meeting was to allow the option of using either Lake Norris Road or Hart Ranch Road instead of limiting it to just one road.

Commr. Campione implied that she was disappointed that the SJRWMD did not make the local government and residents aware as they are the ones who would be affected the most by this situation.

Mr. Abrams stated that he understood; however, he said that it was a contractual matter between the SJRWMD and the mitigation company and that no one else was involved in that particular contract. He remarked that what was being considered in this meeting was a weight restriction on the only two roads that access that property and this affects the SJRWMD. He added that the SJRWMD was not formally told about this item on the BCC consent agenda.

Mr. Cole clarified that he had notified the SJRWMD staff two weeks ago when he met with them that this item was going to be on the BCC consent agenda for today’s meeting.

Mr. Abrams remarked that he did get a copy of the agenda item a little over a week prior to the day’s meeting.

Mr. Dan O’Keefe, a real estate attorney, stated he was representing Mr. Miller and his mitigation entities and was also working with the SJRWMD on their amendment in respect to this property. He said that earlier in this year there was an amendment to the agreement and that at that time the community and the SJRWMD gave direction to use Lake Norris Road instead of Hart Ranch Road. He added that as a result of the outcry from residents regarding the use of Lake Norris Road, the SJRWMD was then willing to also let mitigation efforts use Hart Ranch Road and this item was on their meeting agenda today. He indicated his clients were willing to discuss concerns and work to resolve the issues in a transparent process and therefore requested this item be deferred until this could take place.

Mr. Jimmy Crawford, an attorney representing the Wetlands Bank Company in their county issues rather than the water management concerns that Mr. Miller had just spoken on, mentioned that most of what he was planning to speak about was already said by previous speakers. He opined that it was important to have the residents, Lake County, the SJRWMD, and the Wetlands Bank Company meet together for discussion and to include having the environmental professionals and the traffic engineers to address the issues. He disputed the idea presented that this was a new project as it had been happening for 16 years and that over a million yards of dirt had been hauled down Hart Ranch Road. He implied there was a delay due to the economy after 2009/2010 and that by the time the economy rebounded, the agreement had expired and that there was not a market for the dirt until the Wekiva project and that it was now a revived project. He opined that the proposed resolution being presented today by the BCC was legally defective because it gives as the reason for the imposition of the weight limits that truck traffic has become increasingly dangerous; however, based on today’s discussion, it has been proposed that it might become more dangerous but has not yet become that at this point and therefore the justification written in the resolution is not true. He also opined that the resolution, because it does not contain standards for the permit issuance, would be invalid because it gives unbridled discretion in an administrative official and there is case law that says that cannot be done. He requested that the Board wait until all parties involved can get together to have a meaningful discussion.

Mr. Jochim made the observation that the SJRWMD does not have a Lake County representative on their board and he felt that they arbitrarily change things. He encouraged the Board to ask the Governor why a County person is not on that board in order to represent and watch out for items like this in the county and asked them to add that to their legislative list.

Commr. Sullivan closed the public comment and recapped that the requested action before the Board was to adopt a resolution authorizing the posting of no trucks over 10 tons except by permit only on Lake Norris and Hart Ranch Roads. He relayed that the only decision the Board could make was regarding the actual use of the county roads as the SJRWMD owned the land. He recapped they had heard many public safety concerns in this meeting but felt that some type of mitigation needed to happen in this area. He shared concerns with the road conditions, noting that with the growth in Lake County, roads were a big consideration; additionally, he felt that this was an environmentally sensitive area that needed special consideration.

Ms. Marsh addressed Mr. Crawford’s comments regarding the whereas clauses stating that if the Board approved the resolution today, staff could add an additional whereas clause to the resolution that would reflect the recent testing of the roads by the Public Works Department to support the justification that the roads cannot handle the truck traffic. She remarked that if the Board had concerns regarding the permit requirement and the fact that a permit section of the code would come back to the Board in August 2018, then the Board could take out the exception for permit only and leave it as a straight restriction on no trucks over 10 tons; however, that could only be done up to Lester Way since the Board had already approved the agreement from Lester Way using a very short portion of Lake Norris Road.

Commr. Breeden thanked everyone for attending and taking time to comment. She opined that the SJRWMD was a fine agency and that she appreciated the great partnerships the County has with them. She suggested that the Board move forward with the resolution with the added changes suggested by Ms. Marsh.

Commr. Blake stated he preferred to leave the resolution “as is” in regards to needing a permit and that he thought the request by the SJRWMD to discuss with county staff was a legitimate request. He relayed that while he appreciated all who had spoken and understood the residents’ concerns, he opined that this was an infrastructure issue and that the county did not have the infrastructure in place to accommodate the proposed road use. He also remarked that he related to the position of the SJRWMD and felt it was good management to try to clean up a former mine and make money while doing it, absent from these other concerns, and that it was an efficient use of resources. He agreed that the SJRWMD had been a good partner with the County; however, he opined that after considering all the evidence, the county did not have the infrastructure in place to accommodate the operation the way it was proposed and therefore the permit restriction was justified. He welcomed Mr. Miller and the SJRWMD Chairman to meet with staff even if the resolution were to pass.

Commr. Parks echoed the same sentiments of seeing the SJRWMD as partners in other areas of the county and that he appreciated that partnership. He agreed that there was an issue with the infrastructure, that it would be difficult to accommodate the truck traffic and that it was important to listen to the residents’ concerns.

Commr. Campione stated she supported putting a limit on the use of the road and felt that what was being proposed violated the concept of conservation. She thought that the infrastructure was only one of the issues of using that road and that the wildlife was another big concern. She said it was not a connector type road and opined that having a better or wider road did not solve the problem and that these roads should not be utilized for the proposed uses. She suggested to put a complete restriction of truck traffic over 10 tons, except for local deliveries or trash hauling, on Lake Norris Road from Lester Way. She remarked that there was an issue with Hart Ranch Road too and asked if the same language could be used since the road condition was similar.

Ms. Marsh replied it would be at the Board’s discretion on how to write it and indicated that it could be left how it was written for Hart Ranch Road by permit only, since staff could have permit provisions back to the Board in August 2018, and then make the adjustment for restrictions on Lake Norris Road.

Commr. Breeden referenced adding the whereas clause.

Commr. Campione agreed to add the whereas clause that refers to the condition of the road being tested. She also suggested writing a letter to the SJRWMD indicating that the BCC was opposed to the construction of a road on their property in the interest of the residents and wildlife concerns.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried by a vote of 5-0, the Board unanimously approved to adopt Resolution 2018-75 relating to the restriction of use of Lake Norris Road and Hart Ranch Road, prohibiting the use of trucks over 10 tons on Lake Norris Road starting at Lester Way, allowing trucks over 10 tons on Hart Ranch Road by permit only, excepting for local deliveries to residential properties and trash haulers on both roads, and to include a whereas clause about the road conditions being tested and the roads not being capable of handling trucks; and approval of a letter from the Board of County Commissioners to the St. Johns River Water Management District asking them to consider not constructing a road on their conservation land.

recess and reassembly

The Chairman called a recess at 10:55 a.m. for 15 minutes.

capital financing update

Ms. Jennifer Barker, Director for the Office of Management and Budget, updated the Board on the procurement process to identify a lending institution to provide financing for the construction of a new animal shelter and the purchase of replacement public safety radios. She recalled that in August 2017, the Board approved a list of projects to be funded in this fiscal year using Infrastructure Sales Tax, noting that the three projects which emerged as priorities for further discussion were a new animal shelter, public safety radio replacements and the buildout of the South Lake Regional Park. She remarked that during the financing workshop in December 2017, the Board directed staff to procure quotes for all three projects and at the second financing workshop in April 2018, the Board reviewed the results of the procurement process and voted to seek financing for the new animal shelter and the public safety radios. She explained that PFM Financial Advisors (PFM) was tasked with procuring a lender to finance these items and that they would be providing the results of the capital financing procurement process.

Mr. Jay Glover, with PFM Financial Advisors, reported that on May 11, 2018 PFM electronically distributed a request for proposal (RFP) to local, regional and national financial institutions as well as posting it on the County website. He commented that the County received 13 responses to the RFP by the submittal deadline of June 1, 2018, opining that was a large number of responses and indicative of the County’s good credit quality, the overall strength of the sales tax revenues, the types of projects being financed and the essential service nature of the projects. He displayed a list of the 13 financial institutions who submitted proposals, noting that it was a broad base with some from a national level as well as local ones. He elaborated that PFM reviewed each of the proposals received and put together a recommendation memorandum that had an exhibit of all of the key components of each of the proposals. He stated that based on that review and discussions with County staff as well as the legal team, it was determined that Citizens First Bank was the most responsive proposer and provided the best combination of interest rate and terms most favorable to the County. He explained these key elements of their proposal: offered a fixed rate through maturity of 2.89 percent; willing to hold the 2.89 percent from the date responses were due on June 1, 2018 through August 15, 2018, thus eliminating any risk associated with rising interest rates; allows the County to prepay the loan at any time without a penalty; and only has the right to adjust the loan upon a determination of taxability, with these projects eligible for tax exempt financing. He then displayed a list of the annual debt service requirements associated with each of the projects, noting that the animal shelter would be paid over a 15 year period to coincide with the expiration of the sales tax referendum and the public safety radios would be paid back over a ten year period, with the combination of these two creating an annual debt service requirement of a little over $2 million for the first ten years with it dropping down to approximately $670,000 for the remaining four years. He referenced on the list the funds available for “pay as you go,” which would be the remaining funds after the debt service was paid and could be used to fund additional capital projects, and commented that the sales tax revenues covered the debt service by seven times or more, noting that it actually grows over time as expected sales tax revenues grow. He also mentioned that there was expected to be some reimbursement from municipalities for their portion of the cost which equated to about $600,000 annually. He opined it was good to receive the 2.89 percent rate and to be able to use a local bank.

Ms. Barker reported these next steps: in this meeting the Board would consider the proposal from Citizens First Bank; July 24, 2018 would be the public hearing to approve the capital financing; and in late July or early August 2018 would be the closing on the 2018 sales tax revenue note if approved. She requested approval for the Chairman to execute the commitment letter today to Citizens First Bank.

Mr. Cole added that staff was working with the municipalities on interlocal agreements, noting that those would come before the Board at the July 24, 2018 BCC meeting with the public safety radios contract purchase being presented at that same meeting. He stated that staff would present the list they were working on to accommodate the debt service related to today’s action at the August 7, 2018 BCC meeting and that the annual public hearing on infrastructure sales tax funding for the following year would be at the August 21, 2018 BCC meeting.

Several of the Commissioners thanked Citizens First Bank and opined they were glad to keep it with a local bank.

Commr. Blake commented that when this was first presented, he was only in favor of financing the public safety radios and that because the two projects were together, he would not be voting for it.

On a motion by Commr. Breeden, seconded by Commr. Campione and carried by a vote of 4-1, the Board approved for the Chairman to execute the Commitment Letter to Citizens First Bank.

Commr. Blake voted no.

public hearing –ORDINANCE 2018-28 repealing gas tax referendum

Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF LAKE COUNTY, FLORIDA, RESCINDING THE FIVE-CENT LOCAL OPTION FUEL TAX REFERENDUM; REMOVING THE LOCAL OPTION FUEL TAX QUESTION FROM THE NOVEMBER 2018 BALLOT; REPEALING ORDINANCE NO. 2018-21; PROVIDING A CONFLICT CLAUSE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

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

Commr. Sullivan remarked that with the need for school resource officers and the many proposals on the November ballot, he felt this was in the best interest of citizens.

Commr. Campione stated that she had elected to have this gas tax referendum but felt that with everything happening, it was important for the Commissioners to consider all county issues competing for funding. She commented that transportation issues still needed to be addressed and suggested engaging the public more so everyone understands where the money comes from, what it goes towards, what the needs are for the county, what impact fees can and cannot be used for and what the gas tax funds. She stated that she had discussions with builders from the homebuilders association and opined they were surprised that transportation impact fees were not increased and that they preferred them to be increased in phased increments with proper advance notice. She relayed that in discussions with the public they indicated it was important to know that the gas tax was going to be used for resurfacing of existing roads and felt it was important to get that message to citizens. She agreed that with taking this item off the ballot, the focus could be on the school safety mandate.

Commr. Parks supported those comments and felt it would be a good idea for the Commissioners to spend time going out to their districts to discuss the challenges of transportation and recalled how helpful the Emergency Medical Services (EMS) transition workshops were for the community.

Commr. Breeden opined that even though this was being taken off the ballot and that they did not increase impact fees, the transportation problems were not going away and that the Board could not delay much longer on making decisions on these matters. She suggested having a possible workshop later once they learned more about the mobility fees.

Mr. Cole reported that the mobility fee workshop was scheduled for the August 21, 2018 BCC meeting and that Mr. Bill Oliver with Kittelson & Associates, who had presented on the mobility fee at a prior meeting, was still doing his analysis.

Commr. Campione suggested that the Commissioners’ presentations to the public include information about the number of roads in the county, the infrastructure, the roads graded at a level in need of repair and the annual funding needed to be able to keep up with resurfacing roads. She thought including how the Public Works Department functions and what is outsourced for the best price should be a part of the discussions with constituents.

Commr. Blake indicated that a one page flow chart would be helpful and asked about the comment regarding homebuilders who were disappointed that the impact fee was not increased. He wondered if some of the larger homebuilders could contribute to helping pay for some projects.

Ms. Marsh indicated they could voluntarily donate the money to the County and request it be used for a specific fund.

Commr. Campione reiterated that there were many builders going into the Mount Dora area near Wolf Branch Road, Round Lake Road and C.R. 437 and that there were improvements that needed to be made. She added that the Mount Dora City Council asked for the BCC to do something with the transportation impact fees because their projects were impacting the county roads.

Commr. Sullivan opined that this had to be the Board’s number one priority for next year, that roads affect the quality of life for Lake County, that roads are the biggest infrastructure the Board controls, and that the longer they wait to repair roads, the more it will cost since rebuilding roads is more costly than resurfacing them.

On a motion by Commr. Campione, seconded by Commr. Blake and carried by a vote of 5-0, the Board unanimously approved the adoption and execution of Ordinance 2018-28, rescinding the five-cent local option fuel tax referendum, removing the five-cent local option fuel tax question from the November 2018 ballot and repealing Ordinance 2018-21.

REGULAR AGENDA

resolutions 2018-76 (solid waste) and 2018-77 (Fire Assessment)

Ms. Barker provided a review of both the solid waste and fire assessment rates. She explained the following regarding the solid waste assessment: it is used to fund the collection, management and disposal of residential solid waste in unincorporated Lake County; that rates must be set annually and are included on the Truth in Millage (TRIM) notice sent in August; it cannot be used to fund countywide services such as landfill operations, convenience centers, and hazardous waste disposal; rates are based on the area and service level provided; rates have not been adjusted since fiscal year (FY) 2015; annual consumer price index (CPI) increases are provided for in both the hauler and disposal contracts; current assessment rates would not cover FY 2019 collection and disposal cost; and the internal audit completed on June 21, 2018 recommended that the Lake County solid waste assessment rates should be increased to cover expenses. She then displayed a graph showing the revenue and expenditure history for the solid waste fund from 2012 to 2019 along with the fund balance trend, noting that the revenue collected from solid waste assessment was relatively stable with the increases in recent years stemming from new construction. She recapped that the short-term strategy for the solid waste fund was to adjust the assessment rate in FY 2019 to cover the actual service costs and that for the long-term strategy, staff was preparing options for Board consideration to be presented at the August 21, 2018 workshop. She explained that the proposed annual solid waste assessment rates for FY 2019 were as follows: for the one day a week yard, recycle, and trash collection service it was $196 for the north (area 1), $188 for the central (area 2), and $209 for the south (area 3); and that for the one day a week yard and recycle service with two times a week trash service it was $242 for the north (area 1), $227 for the central (area 2), and $251 for the south (area 3).

Ms. Barker then continued her presentation with an overview of the fire assessment as follows: it is used to fund the fire protection services such as fire suppression, fire prevention, fire building inspections and basic life support (BLS) services; it cannot fund advanced life support (ALS) services; and that assessment rates are calculated based on call data and the distribution of incidents, the allocation of resources and budget, and a proportionate share of each land use. She reported that Tindale Oliver and Associates was tasked with providing an annual technical study using the most recent budget information, call data and distribution of resources by land use and presented the fire assessment study to the Board at the June 19, 2018 BCC meeting. She specified that this study included a two percent increase in the FY 2019 assessable budget over the FY 2018 maximum assessable budget and that there was an increase in the maximum assessable budget of fourteen percent compared to what was actually adopted in FY 2018 and was used for the current rate. She then showed a table with Tindale Oliver’s calculated fire assessment rates to fully fund fire protection services for FY 2019 for various land uses. She additionally noted that for the institutional land use category, the General Fund provides 100 percent of the funding for buildings identified as governmental and 66 percent of the funding for buildings identified as not for profit. She concluded with the requested action for the Board to approve the solid waste initial assessment resolution, the fire assessment initial assessment resolution, and establish a public hearing date of September 11, 2018 at 9:00 am or as soon thereafter.

Commr. Campione asked how long the current contract with the haulers was.

Mr. Barker replied that the contracts would be up for renewal in 2021.

Mr. Cole reiterated that staff was looking at long-term options, solutions and diversification that would be workshopped with the Board in August 2018.

Commr. Campione asked if the increase for solid waste was mainly due to CPI and Ms. Barker confirmed it was adjustments for the CPI for hauler and disposal contracts.

Commr. Sullivan remarked that the recycling market had dried up and while he did not like to raise assessment rates, he felt it was the right way to approach it since the numbers clearly showed the need.

Commr. Breeden elaborated that it is a service fee.

Mr. Cole reiterated that it is directly related to the picking up and disposing of trash and did not fund county operations.

Commr. Breeden asked and Ms. Barker agreed that this did not even factor in the recycling issues.

Commr. Campione recalled that there were assumptions made that there would be savings due to enhanced recycling; however, the recycling market had not supported that although she noted that Lake County had high numbers for recycling.

Commr. Parks added that when residents recycle, less is going into the landfill so there are savings as part of that, noting that even though there might be issues with recycling, the trend is still to recycle paper and aluminum, with staff working with the haulers regarding glass recycling.

Commr. Campione commented that the contract provided for CPI adjustments.

Commr. Parks relayed that CPI adjustments were standard for other counties as well.

Commr. Breeden asked if there were any reserves to help cover the cost.

Ms. Barker replied that reserves were very minimal and that this rate would provide a small amount for reserves to be used for future CPI increases.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried by a vote of 3-2, the Board approved the initial Solid Waste Assessment Resolution 2018-76, the initial Fire Assessment Resolution 2018-77 and a public hearing date of September 11, 2018 at 9:00 am or as soon thereafter.

Commr. Blake and Commr. Parks voted no.

maximum millage rates for trim notifications

Ms. Barker commented that the purpose of her presentation was to establish the maximum millage rates to be included in the TRIM notices and to approve public hearing dates and times to approve the FY 2019 budget. She displayed a graph with the July 1, 2018 certified property values sent by the property appraiser, noting that the countywide millages of the General Fund, Ambulance Municipal Service Taxing Unit (MSTU), and Public Lands-Voted Debt increased 10.18 percent over the current year values. She also reported that the Stormwater, Roads and Parks MSTU increased 8 percent while the Lake County Fire Rescue MSTU increased 8.01 percent. She commented that based on a status quo millage rate of 5.118 mills, an additional $9,707,253 in ad valorem revenue would be generated in FY 2019. She stated that from that revenue there were some requested or mandated expenses as follows: $1.2 million for community redevelopment areas; $2.2 million for the debt service related to the downtown governmental complex; $3.6 million to replenish the General Fund reserves to the seven percent of the operating budget and the Board minimum goal amount; $11.3 million for the Constitutional Offices, Judicial Support, and Medical Examiner; a net $873,000 reduction for County Departments/Offices/Divisions due to efficiencies; and $695,000 in net revenue due to increases in other revenues. She reiterated that these were additional expenses over the FY 2019 budget and that based on the additional revenue and expenses, there was currently a budget deficit of $7.2 million.

Mr. Cole indicated there were two options for the Board to consider. He stated that with option one, in order to fully fund the budget just presented including the $7.2 million deficit, the millage rate would need to be increased to 5.4980. He elaborated that with option one, it would give a proposed FY 2019 budget of $391,240,328 as compared to the FY 2018 adopted budget of $381,633,504, and a proposed operating budget of $311,928,255 with the FY 2018 operating budget at $311,459,645. He recapped that increasing to that millage would fully fund the $11.4 million from the Constitutional Officers, Judicial Support and the Medical Examiner.

Ms. Barker then displayed a graph showing the proposed millage rates for option one, noting the following: the General Fund would be 5.4980 mills which was an increase of 0.38 mills over the FY 2018 adopted millage rate; Lake County Ambulance MSTU would remain status quo at 0.4629 mills; Lake County Stormwater, Roads, Parks MSTU would remain status quo at 0.4957 mills; Lake County Fire Rescue MSTU would remain status quo at 0.4704 mills; and the total millage would be 6.9270 mills. She added that the Lake County Public Lands-Voted Debt was 0.1324 mills which was a decrease of 0.02 mills from the current year.

Mr. Cole continued with presenting option two for the Board’s consideration which would be to maintain the status quo millage rate of 5.118 mills. He explained that this would give an FY 2019 proposed budget of $383,772,205 as compared to the FY 2018 adopted budget of $381,633,504 and an FY 2019 proposed operating budget of $304,460,132 with the FY 2018 adopted operating budget at $311,459,645. He elaborated that option two would fully fund the additional requests from Judicial Support, Clerk of Courts, Property Appraiser, Tax Collector, Supervisor of Elections, and the Medical Examiner, noting that since the Tax Collector’s budget was not due until August 1, 2018, staff used the FY 2018 adopted budget with a moderate increase for calculations. He indicated that this status quo millage would also fund $3 million of the Sheriff’s request with the recommendation that this funding go towards implementing the salary study and providing employee raises to retain quality personnel; furthermore, this would leave an additional $380,384 for the Sheriff’s in-house support which are costs that the Board funds and relate to services such as inmate medical care, utilities, etc. He concluded this would leave a remaining $519,564 to possibly add to the reserves.

Ms. Barker then displayed a graph showing the proposed millage rates for option two, noting the following: the General Fund would remain status quo at 5.1180 mills; Lake County Ambulance MSTU would remain status quo at 0.4629 mills; Lake County Stormwater, Roads, Parks MSTU would remain status quo at 0.4957 mills; Lake County Fire Rescue MSTU would remain status quo at 0.4704 mills; and the total millage would be 6.5470 mills. She added that the Lake County Public Lands-Voted Debt was 0.1324 mills which was a decrease of 0.02 mills from the current year. She noted these important upcoming 2018 dates: August 1 - Tax Collector’s budget due; August 21 - budget update; September 11 - public hearings for fire and solid waste assessment during the 9:00 am BCC meeting; September 11 at 5:05 pm - first budget public hearing; and September 25 at 5:05 pm - the final budget public hearing. She concluded with the requested action to establish the maximum millage rates to be included on the TRIM notices, with either option one or two, as well as approval of the budget public hearing dates and advertisements of September 11, 2018 and September 25, 2018, both at 5:05 pm.

Commr. Parks thanked the County Manager and county staff for finding $1.2 million in savings and asked for confirmation that they were allocating funds to reward employees with raises.

Mr. Cole responded that there was $1.2 million in efficiencies in addition to the funding that was reduced last year and because the Board had expressed interest in providing merit based increases for county employees, that amount was taken out of the $1.2 million which left the net savings of approximately $873,000 mentioned earlier.

Ms. Barker elaborated that was for the General Fund employees only.

Commr. Parks indicated he was not in support of option one and wanted to keep the status quo millage. He stated he was not really in support of option two either as he felt the $3 million for the Sheriff would not be enough for his top concerns, especially the pay raise. He opined that the $2.2 million was a “break even” number for the Florida Retirement System (FRS) and keeping salaries at the current level. He thought there should be more discussion with the Sheriff to work through his needs over this year and next year and indicated that after discussions with him, there could be some give and take on his requests; however, he felt that the Board should find a way to fund the employee raises and the additional shift over the next 18 months to two years.

Commr. Breeden remarked that she was not in favor of option one or two either and recommended a $2 million increase for the Sheriff and proposed to work with him to find additional funds at mid-year. She wanted to then use the other $1 million and the remaining amount of approximately $519,000 to reduce the millage rate slightly. She stated that she campaigned on trying to reduce taxes and felt that with certain items coming in the future, this was possibly the only time to be able to reduce the millage.

Commr. Parks commented that he appreciated Commissioner Breeden’s thoughts and opined that the Board as a whole was conservative and wanted low taxes. He stated that relatively speaking, this county’s rates were the second lowest in the Central Florida region and per capita taxes levied was the lowest in the area.

Commr. Sullivan stated that if they advertised at the option two level and then found savings, they could always reduce the millage. He remarked that he was not in favor of option one but was comfortable with option two, although he felt there was still work to be done regarding funding.

Commr. Campione shared that she appreciated the School Board voting to include the guardian program as a school safety option but wondered what would happen if their referendum did not pass. She mentioned the possibility of adopting option one, raising the millage, to be the tentative millage while waiting to see if the referendum passed and if it did pass, then the Board could lower the millage at the final meeting. She added that this would help fund the mandated school resource officers if the school millage did not pass.

Commr. Breeden opined that was creative but felt she could not support it.

Commr. Blake asked if there were any updates on the Federal Emergency Management Agency (FEMA) reimbursements for the hurricane expenses and if the County’s federal lobbyists were helping with this.

Ms. Barker replied that the Board approved in this meeting a subgrant agreement with the Florida Division of Emergency Management Public Assistance for $48,905 for Hurricane Irma. She added that they were currently obligating projects one by one and as each project was obligated, she would be bringing back amendments for the Chairman’s signature.

Mr. Cole added that he was working with the County’s federal lobbyists who had been verifying the funding amount needed, although he cautioned that it might not be an immediate reimbursement.

The Commissioners agreed that receiving the FEMA reimbursement would be very helpful.

Commr. Blake remarked that he also campaigned in 2016 with the promise not to raise taxes or fees and that he would support a rollback rate, although he realized that would be difficult to do. He opined that $50 can be a lot to some citizens, especially those on a fixed income, and elaborated that he is sensitive to individuals like this who live in the county when making decisions.

Commr. Campione opined it was a difficult situation due to the hurricane expenses and that if FEMA had reimbursed, then they could get closer to what the Sheriff had requested. She remarked that several of his requests were capital and therefore would not be ongoing expenses. She suggested that dedicating a percent of the sales tax that comes in over what was projected could possibly be put towards the Sheriff’s capital requests. She said that based on the Sheriff’s presentation, she understood the need due to the growth of Lake County and the areas that were experiencing additional crime and needed coverage; however, she suggested that the Sheriff be willing to have an outside party perform an analysis of his operations and suggested that any efficiencies or savings found, should stay within his operation. She recapped that the County Departments used their savings to support merit based increases. She indicated support of option two, to keep the millage rate status quo, and to give the maximum amount possible to the Sheriff’s needs.

Commr. Blake shared the option he had suggested at the Board strategies workshop in March 2018 which was to make a percentage reduction in the giving to outside entities they support, which was about $2.1 million. He realized that about half of that could not be changed as it supported vital programs but felt that some amounts given to the outside 501(c)(3) organizations could be reduced and redirected to help the Sheriff.

Commr. Campione opined that many of those organizations work directly with individuals, help with public safety, and have programs that add to the county’s quality of life. She opined that was not a way to find available funds.

Commr. Parks relayed that many of those programs have been vetted and that there was a return on investment.

Commr. Breeden recalled that some of those programs were funded at a higher level prior to the recession and that they were not back to the level they were at previously.

Commr. Blake added that when the recession did hit, funding had to be considered and reductions were made in order to fund the core services.

Commr. Breeden made a motion to reduce the budget by $1,519,564 and increase the Sheriff’s budget by $2 million.

Commr. Parks seconded the motion.

Commr. Breeden stated this would result in a 0.073 millage reduction.

Ms. Barker clarified she was proposing a 5.0450 General Fund millage, an increase of the Sheriff’s budget of only $2 million over the current FY 2018 budget and no additional funding to reserves.

Commissioner Breeden confirmed.

Mr. Cole added that this would leave the $380,384 for the additional in-house Sheriff support.

Commr. Breeden confirmed and stated she would like to revisit the Sheriff’s budget mid-year.

Commr. Parks withdrew his second as he did not realize she was motioning to reduce the millage and he wanted to keep it at status quo.

The motion died due to lack of a second.

Commr. Sullivan remarked that there were still items to be worked on in the budget, such as what Commissioner Campione had mentioned regarding taking part of the $10 million request from the Sheriff and considering if additional revenue from the sales tax could fund his capital improvements. He felt that the Board did not want to raise taxes; therefore, the status quo was the best millage they could suggest until the budget process was finished and he suggested approving option two. He reminded the Board that today’s requested action was to set the maximum millage rate and that it could be lowered if they found savings.

Commr. Parks stated they could approve option two with the understanding they would work with the Sheriff again on his initial request.

Commr. Campione expressed concerns that there was no more money available to come up with additional funds and felt that option two would allow $3 million to be added to the Sheriff’s current budget.

Commr. Breeden stated she was opposed to reducing the County funds anymore.

Commr. Sullivan opined that internally there was no additional funding available. He remarked that if the homeowner’s exemption passed, it could decrease the General Fund by almost five to seven million dollars. He said that due to this, he could not support lowering the tax rate. He agreed that the Sheriff should stay competitive and felt there were needs but opined he should continue to look internally for efficiencies, that $10 million would be difficult to accomplish in one budget year, and that possibly it could be phased in over time. He said that the quality of life was good in Lake County and that the county was growing with new subdivisions; however, he hoped that the business and industrial arenas would grow more in order to create jobs. He reiterated that he thought option two was the best choice and that it could be lowered but not raised once they set the maximum millage.

Commr. Breeden suggested considering an MSTU for the Sheriff in the future.

Commr. Blake remarked that Marion County funds part of their Sheriff’s Office that way and that other counties have proposed doing that as well.

Commr. Campione thought that was a good point and recapped a previous Board discussion regarding breaking out a line item for the Sheriff on the tax bill and then on the TRIM notice the following year.

Mr. Cole reminded the Board that they only needed to set the maximum millage rate today but did not have to decide how the funds would be allocated.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried by a vote of 3-2, the Board approved option two, to keep the status quo millage rates as the maximum millage rates to be included on the TRIM notices and approved the public hearing dates and advertisements for September 11, 2018 and September 25, 2018 at 5:05 p.m.

Commr. Breeden and Commr. Blake voted no.

land development regulations ordinance

Mr. Tim McClendon, Director for the Office of Planning and Zoning, presented a proposed ordinance to amend the existing boat and recreational vehicle (RV) parking regulations. He mentioned that the current residential parking standards were contained in section 3.06.00 in the Land Development Regulations (LDRs) and include the parking of boats, buses, trailers, trucks and commercial vehicles on residential lots, with the boat and RV parking regulations under section 3.06.03. He elaborated that the current boat and RV parking regulations were as follows: both must be owned or used by the resident of the lot; both must be parked to meet front and side yard setbacks; and that there was no limit on the number of boats or RVs allowed on a lot. He gave the example that if someone owned a quarter acre lot, they could fit as many boats and RVs as desired on that lot as long as they meet the front and side yard setbacks, which he said could lead to a visual issue and the reason this amendment was being proposed. He said these changes were part of the amendment: redefining boats as vessels which matches the state’s definition; proposing to allow a single boat or RV in the front yard providing the front and side setbacks are met; that all other boats and RVs must be screened from the right-of-way, which could be fencing, garaging, walls, etc.; two personal watercrafts on a single trailer count as a single vessel; and any abandoned or derelict boats or RVs must be stored in an enclosed structure. He added that there was an errata sheet included that stated that the screening requirement did not apply to properties larger than two acres in size. He reported that this proposed ordinance originated out of a community meeting within the Bassville Park area held in November 2017, that staff worked with the Office of Code Enforcement to develop this ordinance, that it is consistent with the Lake County Comprehensive Plan, and that the Planning and Zoning Board recommended unanimous approval of this ordinance. He stated the requested action was to advertise an ordinance to amend section 3.06.03 of the Lake County Code to modify the boat/recreational vehicle parking on residential lots.

Commr. Blake asked what the front and side setbacks were for the quarter acre lot example.

Mr. McClendon replied that those were determined based on the actual zoning and that typically it is 25 feet from the front and five feet from the side.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to advertise an ordinance to amend section 3.06.03 of the Lake County Code, Appendix E, Land Development Regulations entitled “permitted parking” to modify boat/recreational vehicle parking on residential lots or parcels.

other business

appointment to the arts and cultural alliance

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Rebecca Thomas from the City of Minneola, Ms. Amy Painter from the City of Leesburg, and Ms. Sydney Stephenson from the Town of Howey-in-the-Hills to the Arts and Cultural Alliance.

reports

county manager

Welcome to new director for the office of library services

Mr. Cole introduced Mr. George Taylor as the new Director of the Office of Library Services and thanked Mr. Boyd Bruce for his hard work as Interim Director.

Commr. Sullivan opined that the libraries were one of the jewels of Lake County.

Commr. Breeden thanked Mr. Bruce and welcomed Mr. Taylor.

commissioners reports

commissioner breeden – district 3

newspaper article on growth in lake county

Commr. Breeden remarked on an article she had read in the newspaper regarding the growth in Lake County, noting that from 2010 to 2017 Lake County’s population increased by 49,000 people, going from approximately 297,000 to 346,000. She stated this represented a 16.6 percent growth rate with the state of Florida’s growth rate at 11 percent during the same time period.

naming of grand view lake

Commr. Breeden commented that Commissioner Sullivan was sent a letter, which she was copied on since it was in her district, making them aware of some residents who were applying to name an unnamed lake in her district to Grand View Lake. She noted that the Lake County Water Authority had voted in favor of it but that the U.S. Board of Geographic Names (BGN) wanted the BCC to approve the recommendation; therefore, she asked the County Manager to help move the approval process forward.

Commr. Sullivan remarked that it was a very common sense approach to naming a lake as it followed the roads around it and it was a small lake.

Commr. Breeden said the name was a combination of Moss View Drive and Grand Oak Lane.

Mr. Cole replied staff would work on it.

commissioner campione – district 4

florida fish and wildlife presentation

Commr. Campione introduced Mr. Dan Kolterman with the Florida Fish and Wildlife Conservation Commission (FWC) to talk to the Board regarding the possibility of allowing duck hunting at the Pine Meadows Conservation Area. She shared some history stating that when the district was deciding what to do with this property, Ducks Unlimited was interested in the property but it was given to Lake County. She relayed that several members of that organization expressed disappointment in how places to duck hunt in the county were diminishing and she thought maybe there was a way to allow this within this public land area.

Mr. Kolterman thanked the Board for the opportunity to speak and indicated that there was an FWC process in which the BCC would need to submit a request to the FWC’s hunting and gaming division requesting for an evaluation to be done on the property. He explained that as a part of that evaluation process, their staff would determine if access was good, if the habitat could support hunting, if the distance to houses was enough and then they could report back to the Board for hunting specifics.

Commr. Campione asked how long the duck hunting season was and what time of day it usually happened.

Mr. Kolterman replied that duck hunting ends at 11:00 am and hunters have to be out by noon, noting this was specific to each area and that after the evaluation, hunting guidelines could be established for the days of the week and the times of the day it was allowed.

Commr. Sullivan recapped that the FWC did the analysis and then the BCC could set parameters on the hours allowed for duck hunting.

Mr. Kolterman confirmed that was correct and added that FWC law enforcement could patrol the property if this became a hunting area.

Commr. Breeden felt it was a good idea but wanted to confirm with the Office of Parks and Trails on their plans.

Mr. Cole stated that staff agreed with evaluating the area for duck hunting and remarked that the timeline they were considering was to start in the fall of 2019, which would give FWC adequate time for their evaluation and for staff to meet with stakeholder groups and consider other uses.

Commr. Sullivan directed staff to write a letter to the FWC hunting and gaming division to conduct an analysis of the area to see if it was a viable location for duck hunting.

Commr. Campione reiterated the need to balance the days and hours in order to accommodate others who enjoy the area.

commissioner blake – district 5

recognition by the florida association of counties

Commr. Blake congratulated Commissioner Parks, Commissioner Sullivan and Commissioner Breeden for being recognized by the Florida Association of Counties.

commissioner sullivan – chairman and district 1

rescind appointment of Mr. Sanford Minkoff

Commr. Sullivan recommended approval of the request from Mr. Sanford Minkoff to rescind his appointment as the alternate substitute member to the Canvassing Board and to designate himself as the alternate member.

Ms. Marsh specified that Ms. Jennifer Hill would stay as the primary member with Commissioner Sullivan becoming the alternate member now that the gas tax would be removed from the ballot.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved to rescind the appointment of Mr. Sanford Minkoff as the alternate substitute member to the Canvassing Board and to designate Commissioner Sullivan as the alternate member.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:56 p.m.

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timothy i. sullivan, chairman

ATTEST:

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Gary J. Cooney, Clerk