A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

August 7, 2018

The Lake County Board of County Commissioners met in regular session on Tuesday, August 7, 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 Chase Allen from First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, stated that Tab 34 was added on Friday as an addendum to the Consent Agenda.

Commr. Campione asked for an update on this tab.

Mr. Cole indicated that staff could provide an update and that the St. Johns River Water Management District was present in the meeting.

employee awards

Mr. Jim Kovacs, Director for the Office of Human Resources and Risk Management, announced that they would be recognizing employees who had reached service milestones in their careers with Lake County as follows:

EMPLOYEE AWARDS

FIVE YEARS

Paul Erickson, Construction Inspector I (not present)

Public Works/Roads Operations Division

Cynthia Harman, Library Assistant I (not present)

Office of Library Services

Henry Wright, Equipment Operator I

Public Works/Maintenance Area I

TEN YEARS

Sandra Lara, Paralegal

County Attorney’s Office

TWENTY YEARS

Dianna Magrum, Document Services Associate (not present)

Office of Procurement Services/Document Services

Danny McCullough, Network Technician

Information Technology Department/Technical Services Division

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 June 19, 2018 (Regular Meeting) as presented.

citizen question and comment period

Mr. David Crump, a Mount Dora resident, expressed opposition to Sheriff Peyton Grinnell’s decision to enter a basic orders agreement with the U.S. Immigration and Customs Enforcement (ICE), which allows the Sheriff to function on behalf of ICE. He understood that this agreement allowed the Sheriff to hold someone in the Lake County jail up to 48 hours in order for ICE officers to pick up the designated person and that the Sheriff is paid $50 for this service. He opined that this agreement by the Sheriff has had an effect on his neighbors and the immigrant communities that he serves. He stated that he was also against this agreement due to the fact that his local tax dollars could possibly be spent on responsibilities that are those of the federal government. He stated that he already pays federal taxes that support ICE’s operations and pays local taxes to ensure local law enforcement and he worried that this agreement could weaken the Sheriff’s ability to focus on local crime. He said that he had emailed each of the County Commissioners but did not receive any acknowledgement nor response from them. He asked who made the decision for the Sheriff to enter into this agreement with ICE, whether it was the Sheriff’s decision alone or if it needed the approval of the Board of County Commissioners (BCC). He also asked for each Commissioner to share their stance on this issue.

Commr. Campione relayed that the Commissioners did receive several emails on this issue; however, they appeared to be form emails and that might have affected their responses. She stated that the Sheriff makes his own decisions as he is an autonomous Constitutional Officer under the State of Florida laws. She said she was not opposed to the Sheriff’s decision and felt he was a good sheriff and was a leader who would treat all individuals equally and with respect. She explained that the only time this agreement would come into effect was if someone had already been detained in the jail on criminal charges or was completing a court ordered sentence, was close to their time to be released, and was found to be an illegal immigrant, then the Sheriff would notify ICE who has 48 hours to pick up the detainee and transfer them to another facility. She elaborated that if ICE fails to pick up the person or issue another specified hold notice within the 48 hours, then the detainee is released. She added that these agreements have been in place for years, are a common practice for jails, and the $50 compensation is close to the normal cost to house an inmate for a day in the county jail.

Commr. Parks remarked that he was supportive of the Sheriff’s decision, that he knows the Sheriff personally, and opined that he would not be prejudicial. He indicated this type of procedure was fairly standard and would not give the Sheriff’s Office any authority to perform the duties of ICE.

Commr. Blake indicated he was also supportive of the Sheriff’s decision.

Commr. Breeden commented that she agreed with the Sheriff’s decision and that she trusted him as a good person who was doing this to be cooperative under the law.

Commr. Sullivan reiterated that $50 a day was equivalent to what it costs to house an inmate for one day.

Ms. Marie Hart, a resident of Hart Ranch Road, shared concerns with the St. Johns River Water Management District’s (SJRWMD) desire to haul sand down that road. She recalled that years ago the SJRWMD did have an agreement to haul excess coal dirt out of the sand mine and that they did that for 10 years but were unable to accomplish what they needed in that timeframe. She shared concerns for safety on the road if the sand trucks were to utilize it based on what she had experienced when the road was used previously. She thanked the County for putting weight limit signs on the road but opined that there was no accountability for these trucks to follow the speed limits on the road. She stated that when trucks were using the road before, the school buses were not allowed to drive on the road because it was not safe and that the children had to walk three quarters of a mile down Hart Ranch Road in order to get their bus at County Road 44A. She wondered if the school buses are not safe, how are the children safe. She asked for the BCC to consider the people who live on that road and how this would affect them, the safety of their children on the road, and how it will disrupt the calm lifestyle of the area. She thanked the Board for hearing her concerns and for their attention to this matter.

Mr. Robert Hart, a resident of Hart Ranch Road, stated that the weight limits placed on this road only addressed part of the issue, and expressed concerns for animals in the area and resident’s yard gardens that had been destroyed by the trucks.

Mr. Tom Bergstresser, a resident of Hart Ranch Road, agreed with Ms. Hart’s comments and stated they had to deal with this for ten years from 2002 until 2012. He mentioned that several of his neighbors’ dogs were killed by the truck traffic and that he lives on a blind curve which is very dangerous. He opined that the previous trucks did not adhere to the road speed limits, left trash over the road and in people’s yards, and that because there was not a weight station, the trucks hauled as much sand as possible. He opined that having to endure this for 10 years was enough and that he did not want to have it for another five years just so the SJRWMD and the mitigation company could make a profit. He felt that the sand could be moved inside of the land without having to haul it down the road. He asked the BCC to help residents by putting an end to this.

Mr. Bill Abrams, General Counsel for the SJRWMD, thanked the Board for considering this item and provided some history of the SJRWMD’s property. He stated that the SJRWMD did not own the sand until 2013 and opined that the item on the agenda today was not about sand but about managing their property for conservation, restoration and opening it up for public recreation. He said that the SJRWMD needed to be able to take care of the forest, the invasive plants, the mowing of the grass and vegetation, the movement of cattle on the property, and to handle the fire regime through controlled burns in order to reduce the impact and severity of wildfires. He reiterated that it was not about sand but rather about the restoration of that property.

Mr. Scott Atkins, a resident of Lake Norris Road, stated he felt for the residents of Hart Ranch Road and believed the sand could be left on the property. He expressed concerns regarding the language of Tab 34 where it says “road work/maintenance” as he felt that the term “road work” was fairly broad especially since the SJRWMD had considered building a road through their property. He asked if the “road work” language could be changed to “existing road repairs.” He stated he came to today’s meeting via State Road 46 and was amazed at the number of sand trucks on this road and opined that adding additional truck traffic would be unbearable.

Ms. Renee Lewis, a concerned Lake County resident, opined that if federal money was involved in this project, then an environmental study must be done and that the SJRWMD must prove that the project is funded from the beginning to the end with their plan including any road restoration or anything that needs to be repaired. She stated she had been told that there would be a recreation restriction in the Lake Norris Conservation Area if the trucking was allowed to happen, and she asked for that to be clearly defined by the SJRWMD as to where the restrictions would be. She shared concerns with the potential damage the weight and number of trucks could possibly have on the homes along the road and opined that this decision was deep and far reaching.

Mr. Cole reported that the BCC passed a resolution in a recent meeting that stated no trucks over 10 tons were allowed to access Lake Norris Road and no trucks over 10 tons were allowed to use Hart Ranch Road except by permit, with an exception for local deliveries and trash service on both roads. He explained that after that Board meeting, the County Attorney and he met with the mitigation company to identify their interests and to look at the potential impacts to the road. He clarified that they were still in discussion and unable to bring a recommendation before the Board at this time. He commented that as an unintended consequence of the resolution, the SJRWMD had not been able to access the property for mowing and that the item on today’s agenda related specifically to land management activities for the SJRWMD, which were practices they had already been doing for many years at this location. He remarked that he and the County Attorney had specified with the agreement in today’s agenda item that the removal of sand was excluded, noting that the SJRWMD had agreed to this. He elaborated that while this agreement allowed the SJRWMD access again for their land management needs, they still had issues with being able to utilize Lake Norris Road since they cannot access that part of their property to continue those land management activities. He stated he had indicated to the SJRWMD that County staff would come before the Board at their next meeting with a resolution to address this. He reiterated that the item on today’s agenda was specifically to allow the SJRWMD to perform the land management activities they have already been doing with access only on Hart Ranch Road.

Commr. Campione referenced the citizen comment regarding the agenda item language saying roadwork/maintenance and the possible interpretation that it could mean road construction. She opined that the County should make sure this did not give approval for a road to be built on that property.

Ms. Melanie Marsh, County Attorney, stated that attached to the agenda item was a letter from the SJRWMD giving more detail regarding what the land management activities would be and how often they would take place. She indicated that the SJRWMD’s attorney was also present in the meeting and could elaborate on the activities. She clarified that the County did not have any permitting jurisdiction if the SJRWMD were to build any internal roads. She remarked that her understanding of their letter was that it would be for maintenance only.

Commr. Campione asked if this was lifting the truck restrictions for the purpose to allow access to their property to perform these maintenance activities.

Ms. Marsh confirmed that was correct.

Mr. Cole said it would grant specific access to Hart Ranch Road and that the land management activities listed in the agenda item were prescribed burning or wildfire suppression, mowing, logging, roadwork/maintenance, and mulch mowing.

Commr. Campione clarified that this restoration was not involving sand removal. She felt that due to recent history regarding this property and public comments, the County should be careful with their wording on documents. She also referenced the citizen comment regarding recreational activities and expressed her desire to have a commitment from the SJRWMD that they would not curtail recreation on that property but remain status quo with what people are currently doing.

Commr. Parks agreed and Commissioner Breeden commented she thought the restriction on recreational activities was tied to the sand removal.

Commr. Campione stated that might be the case but she still felt it was important to be clear. She elaborated that she saw these as two different issues with one being the ongoing restoration and maintenance unrelated to the sand removal and the other was the concept of the sand removal and proposed road. She remarked that specifics in regards to the second issue would still need to be addressed but she did not think anything should change with what people are allowed to do for recreational purposes and suggested that be a part of the understanding between the two entities of the SJRWMD and the County.

Ms. Hart indicated that the SJRWMD had told her they were planning to stop some activities such as fishing and that this restriction was related only to the sand removal, if they were to start that process.

Mr. Cole asked Mr. Abrams to share specifically what the roadwork/maintenance would entail.

Mr. Abrams stated it was just limited to the road that extends from Hart Ranch Road over to Lake Norris Road which was an internal, single lane road. He explained that they use it a couple of times a year to lay lime rock and then bring in a grader to grade the road after use. He added that they may also put in a pull-out lane; however, those were their only intentions. He remarked that at some point in the future, the bridge would probably need to be replaced and they would need whatever it would take to replace it. He reiterated their intent was maintenance of what was on the property already.

Commr. Campione asked if the permit for the bridge would come through the U.S. Army Corps of Engineers or the Department of Environmental Protection (DEP).

Mr. Abrams replied they would permit through the DEP.

Commr. Campione asked if they would commit to it being the same footprint of the existing bridge.

Mr. Abrams responded that if it was the same footprint they would probably not need to get a permit; however, it if exceeded what was there currently, they would have to get a permit. He commented that he was unable to predict how much use the bridge would receive and indicated that it was used to get to the camping area and one of the outparcels. He stated it was not currently their intent to expand it and did not foresee that it would be needed in the near future. He added if the mitigation bank company would be using it, then it probably would need to be expanded in order to accommodate that type of work.

Commr. Campione felt it was important to be clear that it would be maintenance of that existing bridge and not be part of building something new.

Commr. Breeden gave the example that in order to open the Pine Meadows Conservation Area to the public, the Florida Fish and Wildlife Conservation Commission (FWC) had to redo the road over the culvert which she felt was being performed for access purposes.

Commr. Campione opined that if it was truly reinforcing the bridge to make it usable for the public then that was permissible; however, if this item was a way to get permission to enlarge the bridge so it was able to accommodate the removal of sand, then that was what the County was trying to avoid.

Mr. Abrams reiterated that he was asking for the Board’s favorable consideration to lift the restriction for specific types of activities and uses on the road that accesses the SJRWMD’s property. He explained that he was not an expert on land management and that if the bridge was too narrow for people to pass on it at the same time as a vehicle, then there was the possibility it could change. He indicated that no one at the SJRWMD had talked about expanding the size of the bridge at this time.

Commr. Blake asked if the agenda item could be changed to say “existing roadwork/maintenance” and asked to clarify that permitting for bridge expansion would not be up to the County.

Ms. Marsh replied that the Board could add in the word “existing” as part of the approval since Mr. Abrams stated it was for maintenance of the current road and that the County would not issue permits for a bridge expansion.

Mr. Cole added the possibility of the language saying “within the existing footprint.”

Commr. Blake added that if the SJRWMD needed to expand the footprint of the bridge in the future, they could come back to the Board with a request.

Mr. Abrams remarked that he was unfamiliar with the conditions of the current road and that there may need to be some type of expansion to it if they would be using Hart Ranch Road to get to that bridge.

Mr. Cole commented that there was some additional clarification from the land manager who wrote the letter to the County from the SJRWMD regarding what roadwork/maintenance meant. He referenced the letter which stated “road tractor with lowboy hauling, excavator, dozer, front end loader, motor grader, dump truck delivering rock for roads” at four loads with an estimated frequency of twice per year. He indicated that was a very limited use.

Commr. Sullivan summarized that was for activities they are already doing now.

Mr. Abrams relayed that it could be slightly more loads but that twice a year was about what they perform currently.

Ms. Cathy Benton, a resident of Lake County, expressed concerns regarding the statue of a confederate general coming to the Lake County Historical Museum. She asked why Lake County would want to spend taxpayer money on a statue of a general who was not even from the county but rather from St. Augustine, a city that did not want the statue. She felt that County leaders should make extra efforts to compensate for the injustices of the past, especially when considering the era of Sheriff Willis McCall who mistreated black citizens. She asked that the statue not be brought to Lake County.

Mr. Alphonso Walker, a resident of Lake County, said he had witnessed the passion of both sides in regards to bringing the confederate general statue to Lake County. He opined that some wanted the statue in order to preserve history but that there was also a significant amount of painful memories on the other side as a reminder of that history. He asked that if the statue was going to be brought to the museum for the sake of history, then the entire story should be told. He opined that there was history still happening today in regards to race and shared a recent event involving students discriminated against in a local elementary school. He asked that people who speak against the statue also put the same effort into fighting against what is happening today.

Commr. Sullivan commented that in regards to this issue, the Lake County Historical Society had met and voted to continue to move forward but he agreed with Mr. Walker’s opinion of taking into account the entire story. He relayed that one of the items that had arisen from this was the need to do a better job of showing all of the Lake County history and that they would be putting together a program in order to properly tell the good and bad parts of history. He reiterated that the BCC did not control the Historical Society but that the citizens’ voices had been heard and acted upon.

Mr. Steve Bishop, Executive Director and President for the Florida Region of USA Volleyball, shared a progress report on the Hickory Point Beach Complex. He shared that their role locally was to create and develop volleyball efforts, programs, events, training, etc. to further the mission of USA Volleyball and to identify athletes who might represent the USA at future Olympics. He shared a brief history of Hickory Point Beach which was launched in July 2014, and has 21 sand volleyball courts, noting it was the largest sand volleyball court in the state of Florida and the second largest in the United States. He then shared several highlights for the complex, noting it had hosted over 60 regional, national and international events since its opening and that the economic impact of this to Lake County had exceeded $1.8 million. He shared some upcoming potential events and stated that Lake-Sumter State College would be using Hickory Point Beach as their home court. He thanked the BCC for their support of USA Volleyball and for allowing them to promote the sport and tourism in Lake County.

Commr. Sullivan reminded the Board that the groundbreaking for the Hickory Point fieldhouse was on August 16, 2018 and that it would expand the capabilities of use for that facility and would be a positive economic impact to the County’s economy. He relayed that the fieldhouse was being built with Tourism Development Taxes (TDT) instead of ad valorem funds.

Commr. Parks thanked Mr. Bishop for his professionalism and for the great job he does running his operation. He remarked that it was important for constituents to understand that the fieldhouse was built with TDT money and was not funded through the General Fund. He opined that the return on investment was incredible and they were using a local contractor for the fieldhouse.

Mr. Bishop opined this was a one-of-a-kind partnership and that his peers and the other regions of USA Volleyball were amazed and thankful for the benefit it has for the sport of volleyball. He added that the Hickory Point Beach Complex was promoted in the DiG volleyball magazine and presented copies of the magazine for each of the Commissioners.

Commr. Campione also thanked the Lake County Water Authority for being a part of the partnership and for their cooperation.

Commr. Breeden thanked Mr. Bishop for his organization’s partnership and for bringing such a great opportunity to Lake County.

Mr. Cole reported that construction would begin immediately following the groundbreaking for the fieldhouse on August 16, 2018 at 10:00 a.m., and that staff promised it would be completed prior to the beginning of Mr. Bishop’s 2019 volleyball season.

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 6, 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.

Arlington Ridge CDD Proposed 2019 Budget

Request to acknowledge receipt of the Arlington Ridge 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.

Florida Department of Economic Opportunity

Request to acknowledge receipt of the State of Florida Department of Economic Opportunity’s final order DEO-18-040 pursuant to Section 380.05(6), Florida Statutes, approving land development regulations adopted by Lake County, Florida, Ordinance No. 2018-15. The Ordinance amends the Lake County Code by establishing the definition for “Public Safety Services”, which includes law enforcement, firefighting, emergency medical assistance or transport, search and rescue, and hazardous material cleanup. The Ordinance also amends Section 3.01.03 Table Schedule of Permitted and Conditional Uses to permit Public Safety Services in every zoning district.

City of Fruitland Park Ordinance 2018-004

Request to acknowledge receipt of Ordinance No. 2018-004 from the City of Fruitland Park correcting a scrivener’s error in the legal description of Ordinance 2016-024 which amended the boundaries of the city in accordance with the procedure set forth in Section 171.044, Florida Statutes, to include within the city limits approximately 1.0 +/- acre of land generally located north of CR 466A and west of Timbertop Lane.

City of Tavares Comprehensive Annual Financial Report

Request to acknowledge receipt of the City of Tavares’ Comprehensive Annual Financial Report for the year ending September 30, 2017.

Town of Lady Lake

Request to acknowledge receipt of the following from the Town of Lady Lake:

Ordinance 2018-06 - Annexation; Ordinance 2018-07 - Comprehensive Plan Amendment; Ordinance 2018-08 - Rezoning; Ordinance 2018-21 - Amending Code of Ordinances, Appointment of Canvassing Board; Ordinance 2018-22 - Annexation; Ordinance 2018-23 - Comprehensive Plan Amendment; Ordinance 2018-24 - Rezoning; Ordinance 2018-25 – Adopting a Ninth Amendment to the Amended Development Order for the Tri-County Villages Development of Regional Impact Lake County; Ordinance 2018-28 – Annexation; Ordinance 2018-29 - Comprehensive Plan Amendment; Ordinance 2018-30 – Rezoning; Ordinance 2018-31 – Annexation; Ordinance 2018-32 - Comprehensive Plan Amendment; Ordinance 2018-33 – Rezoning; Resolution 2018-101 – Amending Resolution 2013-110 “Building Permit Fees and Related Fees” Resolution 2018-103 – A Variance from the Provisions of Chapter 16, Article III, Section 16-85, Sections 501 and 502 of the Town of Lady Lake Land Development Regulations.

COUNTY MANAGER’S CONSENT agenda

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 28 and Tab 34, with the provision for Tab 34 that only status quo type activities be allowed and that no expansion of facilities nor sand removal could occur using trucks coming to and from the SJRWMD property, as follows:

COUNTY ATTORNEY

Request approval to advertise an ordinance amending Section 15-6, Lake County Code, entitled “Parking prohibited in specific places;” moving restriction on parking in spaces reserved for physically disabled individuals from Section 15-7 to Section 15-6; amending and retitling Section 15-7 to be entitled “Maximum Rates for Towing Services and Storage” establishing maximum rates; and amending Section 15-8 entitled “Removing and Impounding Illegally Parked Vehicles” to address maximum rates for innocent owners. There is no fiscal impact.

Request approval of a Lease Agreement with the Lake Agriculture and Youth Fair Association for use of the Lake County Expo Center/Fairgrounds and buildings for 2019. The fiscal impact is $1.00 (revenue).

Request approval and execution of Waiver of Conflict between Lake County and Gary J. Cooney, as the Clerk of the Circuit Court. There is no fiscal impact.

Request approval of First Amendment to the Lease Agreement between Lake County and William F. Baker, Jr., as Trustee of the William F. Baker, Jr. Trust dated May 23, 1998, as to an Undivided One-Half Interest, and Janie Mae Baker, Trustee of the Janie Mae Baker Trust dated May 23, 1998, as to an Undivided One-Half Interest, for the Eustis/Mt. Dora Business Opportunity Center located in the Century Plaza at 17521 U.S. Highway 441, Suite 6, Mt. Dora. The fiscal impact is $1,144.44 for fiscal year (FY) 2018 (rent payment for September 2018) and $13,744.72 for FY 2019. Commission District 4.

Request approval to join the class action lawsuit as a Class Member and authorize the County Attorney to execute and submit the Class Action Opt-In Notice Form. The fiscal impact cannot be determined at this time.

Request approval to:

1. Accept the following properties and surplus for the purpose of disposal: Alternate Keys 1179441, 1268419, 1270634, 1319315, 1339243, 1512689, 1513251, 1514771, 1537932, 1586411, 1586429, 1603510, 1798337, 2916311, 2928956, 3701216 and 3817889.

2. Surplus and donate Alternate Key 1717701 to the City of Eustis, and execute donation Resolution 2018-109 and County Deed.

3. Accept an Offer to Purchase on Alternate Key 2910551 and authorize the Chairman to execute any necessary closing documents.

The fiscal impact is $300.00 (revenue).

MANAGEMENT AND BUDGET

Request approval of an unanticipated revenue Resolution 2018-110 amending the Lake County Sales Tax Capital Projects Fund for fiscal year 2018 for the receipt of loan proceeds for the construction of a new animal shelter and the purchase of Public Safety Emergency Network Radios and related accessories. The fiscal impact is $19,980,000.00 (revenue/expenditure).

Request approval of an unanticipated revenue Resolution 2018-111 amending the Lake County General Fund for fiscal year 2018 for the receipt of funds from the City of Minneola for the purchase of Public Safety Emergency Network Radios for the City. The fiscal impact is $128,148.00 (revenue/expenditure).

Request approval of an unanticipated revenue Resolution 2018-112 amending the Lake County General Fund for fiscal year (FY) 2018 for the receipt of funds per the School Crossing Guard Agreement between the Lake County Sheriff and the Lake County School Board and increase the FY 2018 transfer from the General Fund to the Lake County Sheriff by a like amount. The fiscal Impact is $10,990.00 (revenue/expenditure).

HUMAN RESOURCES

Request approval to award Contract 18-0016 to TRISTAR Risk Enterprise Management, Inc. (Lake Mary, FL), to provide Third Party Administrative Services for Workers Compensation and Employer’s Liability. The estimated fiscal impact is $95,000.00 (expenditure).

PUBLIC SAFETY AND COMPLIANCE

Animal Services

Request approval to:
1. Authorize the County Attorney's Office to advertise public hearings for an ordinance amending Appendix E, Land Development Regulations, Chapter II, entitled “Definitions," by modifying the definition of a “Kennel."
2. Authorize a second Public Hearing of the proposed Ordinance at 9:00 a.m., rather than at 5:05 p.m. as required by 125.66(4), Florida Statutes.
There is no fiscal impact.

Planning and Zoning

Request approval to advertise an ordinance to amend Section 15.02.06 of the Lake County Code, Appendix E, Land Development Regulations, entitled "Signage Standards," to remove the provision prohibiting pre-existing digital or light-emitting diode signs from changing sign copy more than once in a 24-hour period. There is no fiscal impact.

Request approval of an Impact Fee deferral agreement for an Accessory Dwelling Unit, placing a lien on the subject property until such time as the property is conveyed to a third party. There is no fiscal impact. Commission District 5.

Public Safety

Request approval to award Contract 18-0924 for replacement of the Fire Station 77 (Astatula) apparatus canopy enclosure to Ruby Builders, Inc. (Orlando, FL). The fiscal impact is $47,570.00 (expenditure). Commission District 3.

Request approval: of the Lake Emergency Medical Services limited competition list for purchase of various hardware items and proprietary software for fiscal year (FY) 2018 and FY 2019; for the Office of Procurement Services to issue purchase orders as required in support of related specific purchases; for the Office of Procurement Services Director to be authorized to approve specific budgeted purchases of the listed goods and services until any alternative sourcing action is considered and approved. The FY 2018 fiscal impact for newly identified needs is $144,413.60 (expenditure) and the estimated FY 2019 fiscal impact is $382,199.00 (expenditure).

INFRASTRUCTURE AND INTERNAL SUPPORT SERVICES

Facilities Management

Request approval of a Guaranteed Maximum Price (GMP) of $1,646,603.00 and other project related costs and design/construction contingency allowance of $164,660.00 for the Hickory Point Beach Complex – Athletics Center, approval of the official name of the Center, and authorization for County staff to complete all associated implementing documents.  The fiscal impact is $1,646,603.00 (expenditure).  Commission District 3.

Public Works

Request approval to accept a letter of credit in the amount of $64,591.34 associated with Commercial Driveway Connection Permit #53168 issued to construct a commercial driveway apron and a turn lane on County Road 44 for Cobb Commerce Park, located in Eustis. The fiscal impact is $390.00 (revenue – permit application fee). Commission District 4.

Request approval to award Contract 17-0024 to Metro Consulting Group, LLC, (Orlando, FL), to provide professional engineering design services for safety improvements at Citrus Tower Boulevard and Mohawk Road, and at Lakeshore Drive and Lake Louisa Road, located in Clermont. The fiscal impact is not to exceed $403,065.00 (expenditure - 100% grant funded). Commission District 2.

Request approval to award Contract 18-0014, to S2L, Inc. (Maitland, FL), to provide on-call solid waste engineering services. The estimated annual fiscal impact is $50,000.00 (expenditure).

Request approval of the request from the St. Johns River Water Management District to use Hart Ranch Road for the following land management activities for the Lake Norris Conservation Area: 1) Prescribed burning or wildlife suppression 2) Mowing 3) Logging 4) Roadwork/maintenance and 5) Mulch mowing. There is no fiscal impact.

COMMUNITY AND TECHNICAL SUPPORT SERVICE

Community Services

Request authorization for the Chairman to execute a Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant for the fiscal year 2017 Program and to name Stephanie Glass, Children’s and Elder Services Coordinator, as the County Coordinator. There is no fiscal impact.

Request approval of the Fiscal Year 2018/2019 Community Development Block Grant Proposed Projects and Annual Action Plan, the supporting Resolution 2018-113 and required certifications. The fiscal impact is $1,284,695.00 (revenue).

Request approval of the 2018 Lake County Analysis of Impediments to Fair Housing Choice, and authorization for the Community Services Department Director to execute all supporting documents. There is no fiscal impact.

Request approval to award Contract 18-0913 to Northeast & Bucks Co. T/A Mullin & Lonergan Associates (Jamison, PA) to provide supplemental management services for the County's Community Development Block Grant (CDBG) program. The fiscal impact is not to exceed $127,275.00 in CDBG funding (expenditure - $37,500.00 fixed costs and $89,775.00 technical assistance).

Request approval for the Chairman to execute the Housing and Urban Development Annual Civil Rights Certification (HUD-50077-CR) certifying conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990. There is no fiscal impact.

Library Services

Request approval of branch library closings for calendar year 2019, "out of session" operating hours for the Cooper Memorial Library through calendar year 2019 and authorization for the County Manager to approve all future branch library closings and "out of session" operating hours. There is no fiscal impact.

Parks and Trails

Request approval of the partnership funding request letter to the City of Groveland regarding the South Lake Regional Park and Max Hooks Road and utility improvements, authorization for the County Manager to execute and send the letter to the City of Groveland, and authorization for the County Attorney’s Office to prepare a Joint Development and Maintenance Agreement and any supporting documents as necessary. There is no fiscal impact. Commission District 1.

infrastructure sales tax project list presentation

Ms. Jennifer Barker, Director for the Office of Management and Budget, presented the proposed five-year project plan for the infrastructure sales tax. She shared the following background: the extension of the infrastructure sales tax was approved by the voters on November 13, 2015; the term of the levy was for 15 years from January 1, 2018 to December 31, 2032; and the taxes collected would be evenly distributed between the Lake County BCC, Lake County Schools and all the municipalities. She remarked that the categories identified in the referendum were as follows: public safety which includes law enforcement vehicles, fire trucks, ambulances and public safety equipment; quality of life projects in the areas of parks, trails, recreation and libraries; public works projects such as road resurfacing, sidewalks, other transportation projects, water quality, utilities, and drainage improvements; and other public infrastructure. She reported that the current revenue estimates for the next five years of the plan were approximately $88.3 million and that these estimates were based on a conservative three percent expected increase beginning in the year 2020. She commented that in the previous years, typically four to five percent increases had been collected annually. She displayed a graph with the five year revenue projections listed by category and noted these numbers: quality of life was $4.1 million for FY 2019 with a total of $25 million over the five-year plan; public works was $4.9 million for FY 2019 with a five-year plan total of $19.5 million; public safety was $5.4 for FY 2019 with a total of $25.5 million; debt service reflected the financing for the new animal shelter and the purchase of the public safety radios with $350,000 in debt service for FY 2019 and a total of $6.35 million through FY 2023; and other infrastructure had $2.4 million for FY 2019 with $11.9 million for the five-year plan. She mentioned that $720,000 of unspent funds from FY 2018 were carried forward and reflected in FY 2019. She explained that the proposed five-year plan provided a framework for the Board to determine projects and priorities and that while the Board was only approving the project list for FY 2019, the five-year plan did aid in planning future projects and priorities. She stated that the ordinance for the 2018 through 2032 sales tax authorization provided for an annual public hearing each August to reevaluate priorities and make adjustments to the rolling five-year plan, noting that this year’s hearing would be on August 21, 2018 at the regular BCC meeting. She then reported specific project funding for each of the categories. She stated the following projects and funding for public safety: sheriff vehicles at $1.5 million per year for a total of $7.5 million over the five-year plan; Lake Emergency Medical Services (EMS) capital, used for the purchase of ambulances and equipment, at half a million per year for a total of $2.5 million over the five-year plan; and additionally for FY 2019, fire station replacements at $870,000, fire station renovations/expansions at $140,000, fire apparatus, vehicles and equipment at $900,000, and a new computer aided dispatch system at $1.5 million. She elaborated that an additional half a million dollars of funding was included in years 2022 and 2023 for new public safety radios, in preparation to purchase radios again in 2029 since they have a 10 year useful life. She relayed the five year totals for these quality of life projects: completion of phase one at East Lake Community Park in the year 2021 with a budget of approximately $3 million over this three year timeframe; phase two for East Lake Community Park starting in FY 2022 with funding of about $1.8 million; parking, path system and field lighting for North Lake Community Park for $620,000; soccer field lighting for Northwest Lake Community Park for $50,000; parking, path system, pickleball courts and an internal road for PEAR Park for $1.1 million; renovation and rehabilitation for the South Lake/Hancock Trails for approximately $1.9 million; restrooms, pavilions, canoe launch and Americans with Disabilities Act (ADA) retrofits at Lake Idamere for $1 million; multi-purpose field and sports lighting at the Minneola Athletic Complex for $800,000; construction on the South Lake Regional Park for $7.3 million with phase one completed in FY 2022 and phase two beginning in FY 2023; a boardwalk, observation tower and pavilion at the Ferndale Preserve for $660,000; various park, public land and trail improvements for a little over a million dollars; an observation tower for Ellis Acres and a multipurpose field for the active portion of Pine Forest Park for $400,000 for both projects in FY 2022; renovations and replacements for county libraries beginning in FY 2021 for about $3.9 million; relocation for the fairgrounds and events center beginning in FY 2021 for $1.5 million; and also included was the Woodlea Sports Complex for discussion purposes with no funding currently allocated for that project. She remarked that a majority of the five year sales tax funding for public works was proposed for road resurfacing at $9.1 million, intersection improvements at $4 million, and new construction and ADA retrofits for sidewalks at $3.25 million. She mentioned these additional public works projects: Max Hooks Road improvements and utilities at $250,000; landfill closure of a six acre cell at approximately $1.4 million; for FY 2019 the purchase of land adjacent to the landfill at $270,000; solid waste capital equipment at $1.2 million; with the Wekiva Trail included for discussion purposes but not currently funded. She relayed the five year plan for other public infrastructure included the following: funding for vehicle replacements for various departments at about $2.2 million to address the County’s aging fleet, which would be based on the current fleet maintenance replacement thresholds of mileage and repair history; $600,000 to extend the fiber network for Information Technology; $4.6 million for capital building renovations such as new chillers, heating, ventilation and air conditioning (HVAC) controls, fire alarm systems, roof replacements, etc,; approximately $2.2 million for the purchase of the tax collector building in the City of Clermont, with a three year purchase option which would need to be completed by December 2019 if the Board so chooses; and about $2.2 million to complete the renovation of the old courthouse, which has been a phased project over the last several years. She stated that the total cost for the debt service was $6.35 million and as mentioned earlier, reflected the financing for the new animal shelter and the purchasing of public safety radios. She noted that the reimbursement from the municipalities of $540,000 per year for the radios was included in that total. She concluded with these next steps: at this meeting, the Board would discuss and give direction on the FY 2019 Infrastructure Sales Tax Project Plan as just proposed; August 21, 2018 would be the public hearing for the FY 2019 Infrastructure Sales Tax Project Plan; September 11, 2018 would be the first budget public hearing; and September 25, 2018 would be the final budget public hearing.

Commr. Parks asked for more detail on the library funding from years 2021 to 2023.

Ms. Barker replied that the main priority for the libraries was the facilities in Astor and Paisley since they were manufactured type buildings that have outlived their useful life. She said that in addition, the County had purchased property next to the Marion Baysinger Memorial Library in the City of Groveland to use either for expansion of the existing library or to build a new library. She stated that the second floor buildout of the Cagan Crossings Community Library also needed to be addressed. She indicated that this was not enough funding to accomplish all of these needs but hoped that some funding could be allocated for future years.

Mr. Cole explained that these were just the priorities and how funding was distributed would still need to be determined.

Commr. Parks asked if money became available for the Cagans Crossing Community Library through another source, then the County would not need to fund that buildout.

Mr. Cole confirmed this and added that potential grant funding was a possibility.

Commr. Breeden remarked that library impact fees could also partially fund these needs since the amounts listed were not enough to fully fund building new libraries. She said there were also state grants that the County could apply for.

Commr. Parks asked whether the library needs could be postponed until the second ten years and if funding could go to the fairgrounds which could be a possible revenue opportunity for the county.

Commr. Campione commented that if the fairgrounds facility was sold, then that money would be available for the County. She remarked that even though the Board looks at projects on an annual basis, they reserve the right to shift priorities based on funding that becomes available.

Commr. Breeden indicated that the Lake County Fair Association intended to do fundraising to assist with their buildout.

Mr. Cole reported that a use agreement had been prepared for the Lake County Fair Association’s consideration which they were currently reviewing. He elaborated that it related to the property adjacent to the landfill across from Lake Idamere Park and would be brought to the Board for consideration.

Ms. Barker clarified that the Board would be voting in two weeks on the project plan for FY 2019 and that the other four years were for planning purposes.

Mr. Cole said that staff prepared the project list based on needs and what they believed to be the Board’s priorities and specified that discussions today were for FY 2019 as that was the project list for the public hearing on August 21, 2018; however, he reiterated that the Board could shift funding and/or hold additional public hearings at any time during the year to add or remove projects.

Commr. Campione asked if items on this list that did not have funding allocated were there in case changes were made or funding became available, they were already on the list of approved projects and could be considered.

Ms. Barker confirmed this.

Commr. Campione suggested that a line item also be added as a place holder for the Hills of Minneola’s possible donation of land for a park that was previously discussed.

Commr. Parks commented that there had been additional meetings regarding this property and that he thought it would be a good possibility.

Commr. Breeden stated she thought it was a good idea to add it to the list but with the understanding that due diligence should be done to make sure the land was an adequate size with the needed infrastructure in place and to be aware that there were unfunded projects ahead of it on the list. She also opined that that the City of Minneola would need to be a financial partner in this venture and that the long term financial aspects needed to be considered.

Commr. Campione stated that in preliminary discussions, the city and the developer indicated they might be open to adding additional acreage and that the site preparation would be included, although she noted that nothing was confirmed in writing. She added that it simplified it to be a county park inside the city limits and therefore open to whoever wanted to use it.

Commr. Parks commended the City of Minneola for their understanding and openness to the economy of scale with the County and cities participating together. He noted that since this location was close to the turnpike interchange, it could draw some tourism or sports tournaments. He suggested having conversations regarding what elements proposed for South Lake Regional Park could be placed on this potential site instead.

Commr. Campione reiterated her proposal to add the Hills of Minneola land site, possibly calling it the Minneola Sports Complex, to the approved project list without funding attached to it. She also suggested adding under the line item of sheriff’s vehicles to include capital sheriff projects such as the bomb robot so that if additional funds did come in above what was anticipated, a certain amount could be allocated towards one time capital needs. She elaborated that already having it on the list makes it easier to consider as a project.

Mr. Cole suggested changing it to sheriff’s vehicles and equipment and noted that he was taking the Board’s comments in order to adjust the project list for the August 21, 2018 BCC meeting. He proposed using Minneola Recreation Partnership for the line item Commissioner Campione had mentioned.

Commr. Parks asked if another item could be added for additional road projects above what was already conservatively planned for those areas throughout the county that needed immediate attention and to possibly have 80 percent of the revenue that might come in above the three percent projected amount go towards those.

Commr. Campione suggested changing the line item to road resurfacing and improvements.

Mr. Cole reiterated that at the August 21, 2018 BCC meeting, the Board was only approving the project list and that at any time, they could shift money to various projects since they were approved projects. He added that currently the County was on target with their projections for sales tax so there was not an overage at this point, although he would know more by January 2019.

Commr. Parks asked if the County had four and a half percent last year.

Ms. Barker replied that they typically have four to five percent actual collections but that they budget at three percent. She said for FY 2018 they were running on target to the budget projections but that they had only collected revenue through June 2018. She added that there could be an increase near the end of the fiscal year due to school shopping and vacations.

Commr. Campione suggested to have road improvements as the first priority with law enforcement capital needs coming second.

Commr. Sullivan stated that while he agreed with the Commissioners’ thoughts, he was not willing to tie 80 percent of any overage to road improvements, giving the example that the landfill closure was an item that kept getting delayed which made the costs for that increase. He thought a place holder, even without funding, would be good as priorities could change and it was important to have it noted. He stated that since 55 percent of the county population lived inside the cities, he felt it was important to have participation from the cities in regards to recreation.

Commr. Campione remarked that it can be challenging to track who uses a facility, whether they live in the city or in unincorporated parts of the county, and cautioned the extent to which the County might ask the municipalities for funding.

Commr. Sullivan remarked that the penny sales tax does provide infrastructure funding in order to continue to grow and provide more and better facilities; however, he said that as the county moves forward with these projects, the operational costs would need to be considered as well as the capital costs.

Commr. Campione mentioned she had recently visited North Lake Community Park and commended Mr. Bobby Bonilla, Director for the Office of Parks and Trails, and his staff for the great job they were doing with the parks.

Mr. Cole recapped that the Board desired to change these three items on the project list: change sheriff vehicles to sheriff vehicles and equipment; add Minneola Recreation Partnership under quality of life projects; and change road resurfacing to road resurfacing and improvements.

recess and reassembly

The Chairman called a recess at 10:42 a.m. for 10 minutes.

public hearing resolution 2018-114 waterman village

Ms. Marsh clarified that Waterman Village was conducting an initial issuance of $10 million and were not asking to waive the issuance fee on that, which was one half of one percent. She continued stating that if they came back in a couple of years to do a permanent financing, that is where they were asking for the issuance fee to be reduced to the one quarter of one percent. She noted that there were representatives from Waterman Village in the meeting to answer any questions the Board might have.

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. Campione asked what the fiscal impact was to the County and if it was revenue coming to the County. She also asked to confirm that there was no County obligation and that Waterman Village was responsible for paying their bond.

Ms. Marsh responded that it was revenue and that $50,000 was the one half of one percent on the $10 million issuance and that amount would come into the County when Waterman Villages closed on their bonds. She confirmed that the County was not obligated and that Waterman Village was responsible for paying their bond.

Commr. Parks asked if the fee was kept at one half of one percent and was not reduced to one quarter of one percent, what would be the difference in revenue and could this revenue be used for public safety.

Ms. Marsh replied that based on the information she currently had, if there was a second issuance, it could be up to $80 million, which would be $400,000 for the one half of one percent fee and $200,000 for the reduced fee of one quarter of one percent. She said there was no specified use for these funds therefore it could be used wherever it was needed in the budget.

On a motion by Commr. Breeden, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to hold a TEFRA public hearing concerning Waterman Communities Inc. d/b/a Waterman Village, Resolution 2018-114 approving the issuance of Industrial Development Revenue Note, Series 2018 in an aggregate amount not to exceed $10,000,000, and accept a reduced financing fee of one quarter of one percent (0.25%) on the par amount on the debt if a permanent financing is completed after this initial financing.

other business

appointment to the keep lake beautiful advisory committee

Commr. Campione recommended that Mr. Gary Rogers from the school district be appointed to the Keep Lake Beautiful (KLB) Advisory Committee. She remarked how important this liaison position was due to the great relationship between the schools and KLB and the coordination that takes place to provide community service opportunities.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Gary Rogers to the Keep Lake Beautiful Advisory Committee to complete an unexpired four-year term ending January 31, 2021.

appointment to the sales surtax oversight advisory committee

Commr. Breeden asked since it was only two to three months till the end of the unexpired term, could the Board approve the appointment for the next term as well.

Ms. Marsh replied that could be done.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Christie Folker to the Sales Surtax Oversight Advisory Committee to complete an unexpired four-year term ending November 19, 2018 and to serve an additional four-year term ending November 19, 2022.

appointment to the elder Affairs coordinating council

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Neil Cole to the Lake County Elder Affairs Coordinating Council to complete an unexpired two-year term ending January 31, 2019, and approval of a waiver for potential ethical conflict.

commissioners reports

commissioner parKS – district 2

TRANSPORTATION SUMMIT

Commr. Parks stated they continued to move forward with plans for a transportation summit through Central Florida Expressway Authority (CFX) and the Transportation and Expressway Authority Membership (TEAMFL), to be held in October 2018. He encouraged the Commissioners and cities to attend, and mentioned that a tentative agenda would be coming out soon. He reported there would be some impressive speakers as well as a potential autonomous vehicle demonstration.

commissioner breeden – district 3

EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commr. Breeden remarked that she had attended the East Central Florida Regional Planning Council meeting on July 18, 2018, and that they had applied to the Department of Economic Opportunity (DEO) for funding to update the “How Did We Grow” planting process.

CHAMBERS OF COMMERCE RECOGNIZING TEACHERS

Commr. Breeden commended the Chambers of Commerce for doing a great job acknowledging their appreciation for teachers by holding various breakfasts and luncheons for them. She reported she would be attending two of these events in the City of Tavares and the City of Leesburg on Thursday and Friday of this week, respectively.

Commr. Campione stated she would be attending the event at Lake Receptions in the City of Mount Dora on Thursday of this week.

Commr. Sullivan remarked that he would be serving at the Friday breakfast.

Commr. Parks added that South Lake had hosted two events as well.

commissioner Blake – district 5

umatilla chamber of commerce teacher breakfast

Commr. Blake mentioned he was at the Umatilla Chamber of Commerce breakfast at First Baptist Church of Umatilla the previous day and noted what a great job they had done recognizing teachers.

commissioner sullivan – chairman and district 1

hurricane season preparation

Commr. Sullivan stated that due to the hurricane season and the reports of standing water in certain places throughout the county, he had asked Mr. John Molenda, Assistant County Manager, to have a meeting in reference to hurricane preparedness which included the Lake County Water Authority, the SJRWMD, Emergency Operations, Public Works staff and the County Manager. He said that the purpose was for staff to become aware of the correct contacts in regards to any water or flooding issues that might arise. He reported that ground levels were currently the highest they have been since 1998 and he was concerned with culverts overflowing or already at their saturation potential. He said that at the meeting, that group talked about the best ways to mitigate these problems and that everyone came away from the meeting knowing who to contact at the various agencies if needed. He indicated that the next step would be to make the public aware of potential concerns, in lieu of another major hurricane or storm, and to conduct a public awareness push so that issues get reported early and the county is proactive rather than reactive. He shared it was a great meeting and thanked Mr. Molenda for organizing it and the staff who attended.

Mr. Cole indicated that staff would provide news releases in the upcoming weeks and clarified that one of the most important functions for the public was to notify their appropriate local government whenever they observe that the drainage ditches in their area are not flowing properly.

Commr. Campione inquired about making waiver forms more accessible on the County website and having generators available for major intersections when power is out.

Mr. Cole remarked that after this was discussed by the Board during the hurricane update in June 2018, staff followed up with law enforcement entities and local governments on that coordination.

commissioner campione – district 4

office of animal services program

Commr. Campione commented that Ms. Whitney Boylston, Office of Animal Services Director, put together a program with shelter directors and technicians across 17 counties who were interested in sharing information regarding best practices, their own experiences, and no-kill operations, etc. She reported they would be meeting the next day at the Emergency Operations Communications Center. She expressed it was a great way to network and open up lines of communication between shelters and she commended Ms. Boylston for organizing this event.

commissioner sullivan – chairman and district 1

medical examiner’s office

Commr. Sullivan remarked that he was on the Medical Examiner’s Board and that the District 5 Medical Examiner Office, which covers the Fifth Judicial Circuit, had been approached by Seminole County to contract their medical examiner services due to their certifications and high qualifications. He noted that Lake County’s allocation of funding would not change, that it would not cost the County to provide these services, and that the County’s level of service would not be affected.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:22 a.m.

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timothy i. sullivan, chairman

ATTEST:

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Gary J. Cooney, Clerk