A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

August 13, 2019

The Lake County Board of County Commissioners met in regular session on Tuesday, August 13, 2019 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:  Leslie Campione, Chairman; Wendy Breeden, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake.  Others present were:  Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Kathleen Bregel, Deputy Clerk.

INVOCATION and pledge

Pastor Buddy Walker from Faith Christian Fellowship in the City of Tavares gave the Invocation and Commissioner Campione led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, stated that on Friday of the previous week, staff had revised the haul permit ordinance attached to Tab 12.

employee service awards

Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached service milestones in their careers with Lake County as follows:

EMPLOYEE AWARDS

TEN YEARS

Boyd Bruce, Regional Branch Manager

Office of Library Services – Cooper Memorial Library

 

FIFTEEN YEARS

Morgan Cates, Stormwater Inspector I

Public Works Department

 

Randy Shappard, Computer Technician II

Information Technology Department

 

Magda Zapata, Creative Services Manager

Office of Communications

 

TWENTY YEARS

Tony Deaton, Chief Probation Officer

Office of County Probation

  

            TWENTY-FIVE YEARS

Benson Hartle, Fire Lieutenant/ EMT

Office of Fire Rescue

  

RETIREMENTS

NINETEEN YEARS

George Dehart, Mechanic I (not present)

Office of Fleet Management

 

PROCLAMATION 2019-87

On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved Proclamation 2019-87 designating September 8, 2019 as Orlando Cat Café Day.

Commr. Parks commented that the Orlando Cat Café was a tourist attraction in the Four Corners area of Lake County which helped to promote pet adoption in an innovative manner.  He recognized that September 8, 2019, was the third anniversary of the café’s opening and he congratulated them for their success in finding forever homes for over 500 cats and kittens.  He then read and presented Proclamation 2019-87 to Ms. Sandy Cagan, Mr. Jeff Cagan, and Ms. Jessica Whitehouse.

Ms. Cagan thanked the Board and Commissioner Parks for the honor and recognition. 

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 for the BCC meeting of June 11, 2019 (Regular Meeting) as presented.

citizen question and comment period

Mr. Gary La Venia, Fruitland Park City Manager, asked the Board of County Commissioners (BCC) to consider assisting with grant funding for the Northwest Lake Community Park, noting that this was a joint project between the City of Fruitland Park and Lake County with its first phase already completed.  He mentioned that the park needed additional upgrades such as making it Americans with Disabilities Act (ADA) compliant, adding restrooms, and fencing; furthermore, he said that the City was looking for an approximate $605,000 in funding for these needs over the next three to five years especially since about 80 percent of the park users were county residents and the City of Fruitland Park was anticipating a great deal of growth in the future.  He thanked the BCC and the community for their efforts in building this park. 

Commr. Campione thanked Mr. La Venia for bringing this to the Board’s attention.

Ms. Kaitlyn Fenbers, representing New Vision for Independence, mentioned that she was speaking on behalf of her organization’s Chief Executive Officer, Ms. Chantel Buck.  She relayed that Ms. Jill Brown, Director for the Lake County Office of Transit Services, had met with Ms. Buck to discuss transit issues and that they had concerns regarding these three issues from that meeting: that state transportation disadvantaged funds were decreasing by about $70,000 for the next fiscal year; that the County’s contribution towards these types of paratransit trips was expected to stay the same; and that the demand for the transportation disadvantaged paratransit trips was expected to increase next year.  She summarized that their organization was concerned with a reduction in funding when the demand for services was steadily increasing, noting that a possible reduction in trips for this population could affect someone’s ability to gain and maintain employment as well as receive training and services which could assist them.  She relayed that her organization was requesting for the BCC to add another $70,000 for this fiscal year while Ms. Brown and her staff continued to address ways to reduce transit expenses and research other sources of funding. 

Mr. Cole clarified that they were not contemplating reducing trips for paratransit, noting that was something that was being considered by the previous transit director but was not something that he supported nor recommended as he felt there were other ways to ensure bus service for those that need it.  He added that staff had communicated this information to various groups and riders.  He recalled that he had made the Board aware that there were budget challenges which staff was addressing since there was less revenue being received; furthermore, he relayed that the current transit director had been very creative and innovative at finding new opportunities for grant funding.  He remarked that it was not clear yet if they would be in a deficit situation at the end of this fiscal year, and he indicated that staff was working to resolve issues that preceded the current director.  He stated that as it got closer to the end of the fiscal year, he would keep the Board informed and if funding happened to fall short at the end of the year, staff would present a recommended approach on how to handle it in a way which would not involve reducing paratransit trips for this year or next year. 

Commr. Breeden inquired if the request for approval to apply for the Florida Commission for the Transportation Disadvantaged Innovation and Service Development Grant in Tab 21 on the day’s agenda was a new source for funding.

Mr. Cole replied that it was a new grant that Ms. Brown had identified.

Commr. Parks expressed appreciation for the additional follow up information since he had recently participated in a ride-along from South Lake to the City of Leesburg and the concern that trips might be reduced had been raised.

Mr. Cole also mentioned that the Medicaid issue had created some confusion so he clarified that Medicaid did provide those services which were supposed to be billed through Medicaid; however, he indicated that in some cases, some of those riders were still utilizing the Lake County Transit System when they should be using the Medicaid system.  He specified that staff had recently communicated with these riders regarding this and were trying to transition them over to the Medicaid system. 

Ms. Mae Hazelton, a Lake County citizen, remarked that Mr. Bob Grenier, Lake County Historical Museum curator, had indicated at a June 28, 2018 presentation to the Confederate General Edmund Kirby Smith statue location selection committee that the museum had sufficient funds to transport this statue from Washington, D.C. in order to install it in the Lake County Historical Museum.  She also indicated that through additional email communications it was implied that the Lake County Historical Society treasurer was setting up a fundraiser account for the statue and that it was mentioned at a BCC meeting that staff would begin evaluating the museum building in preparation for receiving the statue.  She asked for the Board to confirm that no county taxpayer dollars would be used for any expenses associated with the Confederate General Edmund Kirby Smith statue coming to the Lake County Historical Museum, including but not limited to the evaluation of the building, structural adjustments, movement of current assets, installation of display material, and the transportation, movement or installation of this statue. 

Mr. Frank Wood, a City of Tavares resident, shared that when he was a soldier, his officers were concerned about unit cohesion and troop morale; however, he felt that due to the ongoing debate regarding the Confederate General Edmund Kirby Smith statue, the community morale had been damaged and neighborhoods were divided.  He thought that if Lake County refused to receive the statue, then it would probably be placed in the Florida Museum of History in the City of Tallahassee which he opined would be a better location.  He asked the BCC to reconsider the decision to bring the statue to this county. 

Ms. Nancy Hurlbert, a concerned citizen, read a few paragraphs from the article “What Changed in Charlottesville” which was published in the New York Times the previous Sunday and was written by Dr. Karen J. Cox, a history professor at the University of North Carolina at Charlotte.  She then asked for the Board to reconsider their support of the statue.   

Mr. Vance Jochim, a Lake County resident, commented on Tab 5 which would repeal the provision that created the Capital Facilities Advisory Committee (CFAC) and he encouraged the Board to continue to reduce the number of County committees.  He also expressed appreciation for those who supported the idea that government should not be censoring history.

Commr. Campione noted that all citizen comments and concerns would be addressed even if they were not discussed in this meeting.  She clarified that the BCC had never given any indication that they would participate in the costs associated with the transportation or display of the Confederate General Edmund Kirby Smith statue as that was the responsibility of the Lake County Historical Museum.  She remarked that the statue was not constructed of materials which would allow it to be placed in an outside venue but needed to be placed inside a building; additionally, she stated that having it placed inside a state museum was not an alternative as part of the legislative process for this statue.  She relayed her understanding from Mr. Grenier that the statue would not be on a pedestal, would be inside a military gallery, and would include information on why it was being relocated including the legislative decision to change the Confederate General Edmund Kirby Smith statue in Washington, D.C. to the Dr. Mary McLeod Bethune statue as well as information about Dr. Bethune’s life.  She opined that this would be an educational process which would include the national debate regarding these types of monuments, noting that she felt that many wanted them to go into museums.  She reiterated that the Board had put much thought and research into this debate and had spent time talking to people in the community regarding it.  She clarified that people gave their thoughtful analysis of why it was important to keep this type of relic, why it was important to present information about it, and how it could provide opportunities for people of all ages and walks of life to better understand the past and the future.  She shared her concerns regarding some of the speakers at the recent protest event, noting that one speaker was a city mayor who signed a resolution against the statue but did not even know all the facts surrounding it.  She relayed that she had received an email which incorrectly stated that the BCC had voted to support a confederate monument in the front of the Lake County Historic Courthouse, clarifying that this Board had instead voted to place a monument in front of the courthouse memorializing the Groveland Four and condemning the injustice which occurred in that time of Lake County’s history.  She said that she understood how some individuals considered Confederate memorabilia as a symbol of oppression and slavery; however, she felt that the inability to have uncomfortable discussions regarding the past could be an issue when attempting to protect future generations from committing the same mistakes.  She thought that the individuals who supported the museum having this type of artifact were simply promoting tolerance, freedom of speech, and education.  She indicated that the following statements made at the protest event the previous Saturday were not accurate: that Vietnam War memorabilia was going to be removed from the museum in order to make room for the statue; that this BCC selected this statue instead of a civil rights leader or a notable African-American achiever, noting that the BCC was not even engaged in that process but rather it was a decision by the Lake County Historical Museum to have this statue as an artifact within their museum; that it was part of a scheme to move unwanted Confederate monuments to Lake County where they would be welcomed, which she stated was not the agenda of the Lake County Historical Society; and that this statue would be placed in a position of honor.  She reiterated that this statue would not be on a pedestal, would be within a military gallery with other artifacts, and would be a comprehensive exhibit which would be fair, objective and educational and would talk about the context of the entire debate over the statue including the man, the times, and the statue replacing it.  She said that she understood the desire to have contempt for something that would be hurtful or create racial division; however, she felt that the facts which had be used to describe this entire situation, as well as some comments from the protest event, were selectively presented in order to create conflict rather than tell the entire story.  She said that she wished that those who were so strongly opposing this would have used it as a chance to consider that there were other ways to view this situation besides seeing it as a racial issue.  She opined that the Commissioners were compassionate, that they cared about their community, and that they got involved in many activities in order to help people from many different backgrounds; furthermore, she felt that their goal was to consider various ways through projects, policies, or involvement to show that they cared about everyone in the community, noting that while they could not fix every problem, they worked hard to find funding and solve issues for needs in the community.

Commr. Parks remarked that he appreciated Commissioner Campione’s comments.  He noted that the reason why he voted against endorsing the letter from the Lake County Historical Museum was because of his concern for the process and the importance of involving people in opposition from the beginning in order to make sure the process was genuine and pure.  He reiterated that discussion was important and felt that the Board should reach out to those in opposition to keep the dialogue channels open. 

Commr. Breeden commented that she appreciated her fellow Commissioners’ opinions and felt that the way three of the Commissioners were attacked within the press was uncalled for.  She relayed that she received unfavorable emails despite her lack of support for the statue.  She then shared a personal story as to why she did not support the statue.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 3, as follows:

List of Warrants

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

Greater Lakes/Sawgrass Bay CDD Annual Financial Audit Report

Request to acknowledge receipt of the Greater Lakes/Sawgrass Bay Community Development District Annual Financial Audit Report for the fiscal year ended September 30, 2018, pursuant to Section 11.45, Florida Statutes, and Section 189.418, Florida Statutes.

Lake County’s Semi-Annual Investment Report

Request to acknowledge receipt of Lake County’s Semi-Annual Investment Report of June 30, 2019.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 21, including the modification to Tab 12, as follows:

COUNTY ATTORNEY

Request approval for the County Attorney, or designee, to execute the Stipulated Final Judgment in Court Case No. 2018-CA-2125, Lake County vs. Baalmeeki Parsram, et al., (Parcel Number: CG-25) for the needed right of way on the Citrus Grove Road Project. The fiscal impact is $10,000.00 (expenditure). Commission District 2.

Request approval to advertise an ordinance repealing Lake County Code, Chapter 2, Article IV, Division 16, entitled Capital Facilities Advisory Committee. There is no fiscal impact.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval of Contract 19-0433 to IMC Fire Protection, LLC (Middleburg, FL) for fire alarm system services. The estimated annual fiscal impact is $61,900.00 (expenditure).

Housing and Human Services

Request approval to submit the Fiscal Year 2019-2020 Housing and Urban Development Continuum of Care program renewal to assist homeless families, and authorization for the County Manager to execute any required grant documents. The fiscal impact is $103,329.00 (revenue/expenditure -100% grant funded).

Library Services

Request approval of an interlocal agreement with the City of Groveland for the City to provide funding to support operation of the County's Marion Baysinger Memorial Library. The annual fiscal impact is $16,000.00 (revenue). Commission District 1.

Parks and Trails

Request approval of Contract 19-0435 to Faithworks Total Ground Maintenance (Mt. Dora, FL) for landscape maintenance and related services for some County parks, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $121,940.00 (expenditure).

Request approval of Contract 19-0436 with Tom's Playground of Central Florida, Inc. (Eustis, FL) for maintenance of athletic fields and common areas at Astor Park, Paisley Park and Pine Forest Park, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $63,090.00 (expenditure). Commission District 5.

Request approval of Contract 19-0420 with six vendors to provide restoration, land management and related services for parks, trails and public lands, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $275,000.00 (expenditure).

Public Works

Request approval to advertise an ordinance amending Section 18-2 of the Lake County Code entitled “Haul Permit,” to clarify the applicability to developments approved prior to February 12, 2019. The fiscal impact cannot be determined at this time.

Request approval of the Amended and Restated Lease Agreement with the Southern Eagle Squadron, Inc. for use of the closed landfill property in Lady Lake. The annual fiscal impact is $1.00 (revenue). Commission District 5.

Request approval to:

1. Award the Citrus Grove Road Phase III, Project No. 2019-04, Bid No. 19-0925, FPN 435541-2-54-01, located in Minneola, to J.R. Davis Construction Co., Inc., (Kissimmee, FL) in the amount of $6,434,819.10.

2. Award contract 19-0922, to Tierra, Inc. (Winter Garden, FL) in the amount of $415,220.00 to provide Construction, Engineering and Inspection Services for the Citrus Grove Road Phase III project.

The fiscal impact is $6,850,039.10 (expenditure - Federal/State Grants fund). Commission District 2.

Request approval to award Contract 19-0910 to DRMP, Inc. (Orlando, FL) for engineering and design services for Citrus Grove Road Phase V, located near Montverde. The fiscal impact is $450,259.00 (expenditure). Commission District 2.

Request approval of Resolution 2019-95 to reduce the speed limit from 55 MPH to 40 MPH on County Road 473, from 300 feet north of Moore Street to Scottish Highlands Boulevard, in the Leesburg area. The fiscal impact is $100.00 (expenditure - sign materials). Commission District 3.

Request approval to award the Lake Saunders Outfall Phase 2 Project, Project No. 2019-05, Bid No. 19-0930, located in Mount Dora, to Hartman Civil Construction Co., Inc. (Ocala, FL), and approval to encumber and expend the funding for the project. The fiscal impact is $297,300.00 (expenditure - County Transportation Trust Fund). Commission District 3.

Request approval of corrected Resolution 2019-96 accepting the following roads within Serenoa Village 1 Phase 1B1, located in Clermont, into the County Road Maintenance System: Goldcrest Loop (Road No. 0264), Butterfly Pea Lane (Road No. 0264A), and Basswood Lane (Road No. 0264B). There is no fiscal impact. Commission District 1.

Request approval to release a maintenance bond of $2,991.00 that was provided for the maintenance of Florida Hills Street in the Verde Park Phase 2 subdivision located east of Clermont. There is no fiscal impact. Commission District 2.

Request approval to:

1. Accept the final plat for Johns Lake Landing Phase 5, and all areas dedicated to the public as shown on the Johns Lake Landing Phase 5 final plat, located east of Clermont.

2. Execute a Developer's Agreement for Construction of Improvements with John’s Lake LLC (Orlando, FL).

3. Accept a performance bond of $1,413,724.50.

The fiscal impact is $1,551.00 (revenue - final plat application fee).  Commission District 2.

Transit Services

Request approval to apply for the Florida Commission for the Transportation Disadvantaged Innovation and Service Development Grant, and approval of supporting Resolution 2019-97 for Fiscal Year 2020. The fiscal impact is $309,166.00 (revenue / expenditure - $278,249.00 in grant funding and $30,917.00 in a County match).

public hearing – ordinance 2019-46

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, CHAPTER 2, ARTICLE IV, DIVISION 10, ENTITLED LAKE COUNTY ARTS AND CULTURAL ALLIANCE; AMENDING THE MEMBERSHIP; AMENDING THE TERM FROM TWO YEARS TO THREE YEARS; PROVIDING FOR APPOINTMENT OF ALTERNATE MEMBERS; MODIFYING THE QUORUM REQUIREMENT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Breeden commented that she was the liaison to the Lake County Arts and Cultural Alliance and stated that this ordinance was simply modifying it to make it easier to operate as well as providing the County an opportunity to fill a seat.

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.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2019-46 amending Lake County Code, Chapter 2, Article IV, Division 10, entitled “Lake County Arts and Cultural Alliance.”

regular agenda

infrastructure sales tax loan

Mr. Fred Schneider, Public Works Director, presented information on road resurfacing funding options.  He shared that on June 11, 2019, a presentation was provided to the Board on the County roadway resurfacing program which included discussions regarding options for funding of the program, noting that the four options were to continue with the current allocation of sales tax funding, utilize the gas tax or general fund, or consider a bank loan.  He remarked that today’s presentation would provide additional details on leveraging sales tax funding for road resurfacing.  He reported that Lake County had 1,252 centerline miles of paved roadway with an asset value estimated at $377 million; additionally, he relayed that the Lake County Public Works Department also maintained items such as the pavement, shoulders, sidewalks, curbs, bridges, stormwater systems, tree trimming and mowing, etc.  He then showed several examples of roads and their road resurfacing rating.  He explained that when a road reached a five or four rating, it required additional milling or patchwork prior to resurfacing which would cost more.  He then displayed two maps identifying the four and five rated road segments after the fiscal year (FY) 2019 Countywide Resurfacing Program completion.  He explained that there were 63 miles of four rated roads with an estimated cost of $7.6 million to repair all of the four rated roads, and that there were 282 miles of collector and neighborhood roads rated a five with the approximated cost of $5.05 million to resurface just the major collector roadways rated a five.  He then provided a list of the five rated major road segment locations.  He summarized that to resurface all of the four rated roads as well as the collector roads rated a five, it would be an estimated $12.65 million based on current rates.  He mentioned that one proposal was to accelerate road resurfacing projects by leveraging a portion of the annual sales tax funding by securing a $10 million bank loan.  He then showed a chart of the proposed appropriations from the sales tax to the Lake County Public Works Department for the next five years.  He elaborated that for FY 2020, the proposal for road resurfacing and improvements was $1.7 million with $2 million per year for the next four years.  He then introduced Mr. Jay Glover, with PFM Financial Advisors, LLC, who provided the proposal to accelerate the road resurfacing projects by leveraging the sales tax funding.    

Mr. Glover recalled that a similar presentation was presented to the Board the previous summer when they were considering financing the Lake County Animal Shelter and the public safety radios replacement.  He relayed that interest rates were at an historic low and opined it was a good time to borrow money.  He remarked that there were two options for the sales tax which included pay-as-you-go type funding and the leveraging of the sales tax revenues to accelerate projects in order to generate upfront money; furthermore, he mentioned that leveraging the sales tax revenues could be done through the publicly offered bond market or the direct placement bank loan market, which he stated was utilized last summer by the County.  He then displayed information regarding both of these options, noting that for financing amounts of $10 million which would be paid back over a fairly short period of time within the term of the sales tax, the direct bank loan market was very efficient for several reasons including the fact that banks were very aggressive in terms of interest rates, the time to implement such financing was expedited, and there were significantly lower costs to bank financing.  He reiterated that what the County did last year was very similar to what his company was recommending for this situation.  He stated that when they implemented this direct loan process the previous year, they performed a request for proposal (RFP) and received 13 responses from banks for financing which indicated that Lake County had a strong credit quality, noting that a local bank was awarded at a 2.89 percent interest rate.  He added that if they leveraged again, they would implement the same process and would expect to receive similar results with most likely a lower interest rate due to the current market.  He then displayed a chart with the following information: the actual series 2018 debt service which was the actual repayment stream on last summer’s loan; the proposed series 2019 debt service which reflected the annual repayment stream associated with a $10 million loan at an estimated interest rate of three percent, opining that the interest rate in today’s market would probably only be 2.5 percent and have a lower interest payment; and the aggregate debt service which would be the combination of the two series and reflected the annual amount of sales tax revenues which would be utilized to make annual debt service on each of the County’s financings.  He explained that the two shaded columns on the chart showed the anticipated sales tax revenues as well as the reimbursements from the municipalities for the costs of the public safety radios from the previous year.  He specified that the last column depicted the remaining funds available for pay-as-you-go cash flow which was what would still be available from the annual sales tax collections for the pay-as-you-go type projects in addition to the projects being funded through debt such as the animal shelter, public safety radios, and the potential road resurfacing, noting that there would be approximately $229 million in total sales tax revenues for pay-as-you-go type projects.  He added that the last column was the debt service coverage ratio.  He said that the County had over five times debt service coverage which he opined was very strong and would enable the County to receive strong bank proposals with an attractive interest rate. 

Mr. Schneider then displayed a chart depicting how the funding would be utilized for the roadways mentioned earlier for FYs 2020, 2021, 2022, and then for the ten year span of 2023 through 2033; additionally, he said that if the Board approved the $10 million loan, they would spend it over a two year timeframe with $5 million spent in both FYs 2020 and 2021.  He summarized that the loan amount of $10 million plus the sales tax revenue remaining after debt service would provide $12.9 million over the next three years, that this funding would resurface all roads currently rated a four as well as segments of the major collector roads with a five rating, and that during FYs 2023-2033 the annual sales tax funding after debt service available would be about $1.067 million. 

Mr. Cole commented that the $1.067 million would be available during FYs 2023-2033 after debt service if the Board continued to budget $2 million a year in existing sales tax coming in for road resurfacing, noting that this did not contemplate sales tax revenues increasing in future years.

Mr. Schneider added that this would assist the County with addressing current roads in the worst condition as well as provide time to research other available funding options but would not necessarily solve the long-term issue.  He concluded with the request for approval to obtain proposals for an Infrastructure Sales Tax loan of up to $10 million to resurface county roads. 

Commr. Campione asked how much it would cost to resurface all of the five rated roads and not just the collector roads as mentioned.

Mr. Schneider replied that it would be about $28 million since there were 282 miles of roadway at a cost of about $100,000 per mile on average.

Commr. Campione recapped that this would address the most needed roads and stop the rapid deterioration of certain roads which were highly used, even though it would not solve every issue.  She felt that it was the Board’s consensus that multiple sources of revenue would be needed and that for the long-term needs, there should be a variety of funding sources dedicated to keeping up with road resurfacing.  She mentioned that at a recent Central Florida Expressway Authority meeting, they were issuing a large bond for this same reason as it made sense financially to do that now due to low interest rates.  She opined that this would be a good decision as well for Lake County. 

Commr. Blake inquired if it was slightly over $2 million in interest for financing, and Mr. Schneider responded that the total repayment was about $12.5 million over the 13 years.  Commissioner Blake then recalled that he had suggested postponing some quality of life projects for one year in order to focus on roads, noting for example that he went through the projected infrastructure sales tax project list and was able to make some reductions that amounted to $5 million in addition to the $2 million budgeted for roads.  He felt that a percentage reduction on some of these projects for one year would allow that funding to be dedicated to road resurfacing and possibly be enough funding to address the five rated roads without having to pay $2 million in interest.  He then shared these possible reduction examples: delaying the fire station renovations which would equate to about $1.5 million; reducing the amount for sheriff vehicles and equipment to $1 million instead of $1.5 million; switching the FY 2020 allocation for the East Lake Community Park phase one with the FY 2021 amount so that $0.5 million was slated for FY 2020 and then $1 million for FY 2021 which would give $.5 million for roads for the current year; postpone the $150,000 in funding for the North Lake Community Park for one year; and a possible reduction in the amount for the South Lake Regional Park.   He indicated that he was able to calculate approximately $2.4 million in reductions just within the public safety areas and that he also had examples for other projects on the list.  He felt that this approach would save the $2 million in interest over the ten year period which could then be spent on roads or projects, and believed that the public would support this if it meant that roads were being addressed. 

Commr. Sullivan remarked that his biggest concern was that these were projects that had been delayed and he felt that the longer these capital projects were postponed, the higher the cost to address them would be, especially for roads.  He stated that he was not against what Commissioner Blake was recommending; however, he believed this was a timely issue especially since interest rates were good and the County needed to be diligent with addressing road maintenance.  He agreed that considering several funding resources was needed since one resource would probably not cover it.  He also questioned if $10 million was the right loan amount to consider or if the County should contemplate $12 million since it would be enough funding to resurface more five rated roads identified.  He mentioned that the number one concern for which he received calls from constituents was in regards to roads, and he opined that roads were tied to the county’s economic benefit especially with several of them connecting to major roadways such as Florida’s Turnpike, Interstate 75, and Interstate 4.  He believed that this was a partial solution which would be a great start to fixing a long time problem; furthermore, he thought that the cost of road construction would continue to rise and that it would not be good to delay this any longer.  He also said that he did not support postponing quality of life and public safety projects since he felt that was what the Board promised to the public regarding why they renewed the penny sales tax.  He said that while he did not like to borrow money, he believed this was the right solution at the right time.  He added that if they were able to borrow at 2.5 percent, that would be a good rate since the rate of inflation alone would be more than that if they waited.     

Commr. Campione added that roads also deteriorate at a rapid rate; therefore, not addressing them now could cause additional construction expense later which might cause the County to spend the amount they would have spent in interest rates anyway.  She said that finding reductions within the quality of life projects as well as devoting any taxes that were above the projected amount to road resurfacing might be a way to address the need, noting that it would be important to have upfront discussions with the public to explain that funding was going to roads instead of certain other community projects. 

Commr. Blake reiterated that with his suggested reductions, he was able to identify $4.85 million.  He said that if that amount was added to the $2 million already budgeted and if the Board added possibly $2 million from the potential Federal Emergency Management Agency (FEMA) reimbursement for Hurricane Irma, that would allocate $8.85 million to road resurfacing which he opined would provide more funding than the suggested loan option.  He added that since the funding amount dropped anyway in year two of the loan plan, he suggested implementing the same reductions for two years which he felt would then place the County back to the same amount by year three that they originally budgeted for roads with the infrastructure sales tax but without having to pay the interest.

Commr. Breeden asked if the $12.5 million needed to resurface the four rated and five rated collector roads was based on having funding available in addition to the $10 million loan.

Mr. Schneider replied that amount was the estimated cost to resurface the four rated and collector five rated roads, noting that it was $7.6 million for the four rated and $5.05 million for the collector five rated roads which would total $12.65 million.  He then referred to the financing option slide displayed earlier and remarked that with the $10 million loan, it would provide $5 million to spend in both FYs 2020 and 2021, plus there would be $1.7 million proposed from the sales tax revenue for FY 2020 and $2 million for both FYs 2021 and 2022.  He indicated that based on those funding sources listed on the chart, after the debt service was paid off annually, the County would be able to fund resurfacing expenses at $5 million each for FYs 2020 and 2021, and $2.9 million for FY 2022.

Commr. Breeden inquired if the County took out a larger loan, would they be able to get all the resurfacing completed in the allotted period of time.

Mr. Schneider responded that they did consider a larger loan and paying it back over the same amount of time; however, he said that with a $20 million loan, there would be funding for three years but none for the next ten years.  He added that the current proposal for $10 million would still provide slightly over a million per year after debt service to address road resurfacing over the next 13 years, noting that once they got past the initial three years of a higher amount of funding, there would still be a million a year.   

Commr. Campione clarified that Commissioner Breeden was asking if the contractors could actually be hired and able to perform the work needed within the allotted time. 

Mr. Cole indicated that staff did have concerns with their ability to spend a larger loan amount since there were rules regarding how quickly the money would need to be spent after receiving the loan; however, he stated that if the Board was considering an incremental increase from the $10 million, such as $12 million, then staff would reduce the amount of other sales tax money that was being spent in order to spend out the loan first, noting that was not necessarily something he was promoting.  He added that there were not rules regarding accumulating the sales tax funding; additionally, he felt that any amount above $5 or $6 million a year would be difficult to spend out.

Commr. Breeden commented that she preferred to stay with staff’s recommendation but then still attempt to utilize about $1 million to $2 million from the General Fund to assist over the years with the amount that might be paid in debt service in order to accomplish more work.

Commr. Parks expressed his concerns for 10 to 15 years into the future regarding trying to get all the roads up to par especially with the challenges of land use patterns and lakes in the county.  He thanked Commissioner Blake for his ideas and desired to have more information on his proposal; however, he stated that he was supportive of moving forward with the loan since he felt that material costs would continue to increase and most likely exceed the expense of the interest being paid.  He also agreed that the probability of the roads deteriorating every year was a concern; additionally, he felt that the Board should make a formal commitment to allocate any additional overages of sales tax revenue strictly to transportation projects.  He also inquired about previous discussions regarding new road base materials which could possibly extend the life of roads from 25 years to possibly 40 years or more, noting that he thought there was a pilot project for this in Polk County.  He encouraged innovative ideas such as this and asked for information on any potential pilot projects. 

Mr. Schneider responded that staff could gather information to present regarding innovative ideas and other ways to construct roads.  He said that crushed concrete was one option which had been used for years on roadways, noting the price was about the same as lime rock.  He added that concrete roads cost more to build but would last typically 50 to 70 years when compared to asphalt roads. 

Commr. Parks strongly encouraged innovative solutions for the county.  He opined that quality of life projects added value to the county and felt that it was important to have an environment that was conducive to business growth, job growth, people desiring to live here, families, and increased property values, noting that postponing projects might affect that. 

Commr. Blake relayed that he would develop a specific proposal of his ideas and thought that it could be presented to the public in a way that would make people understand it was a temporary situation in order to address road needs. 

Commr. Campione asked if staff would provide a list of the actual road names of the proposed four rated and collector five rated roads organized by Commission District, and Mr. Schneider responded that staff could provide that. 

On a motion by Commr. Sullivan, seconded by Commr. Breeden and carried by a vote of 4-1, the Board approved for staff to obtain proposals for an Infrastructure Sales Tax loan of up to $10 million to resurface county roads.

Commr. Blake voted no.

recess and reassembly

The Chairman called a recess at 10:45 a.m. for 10 minutes.

fy 2020 infrastructure sales tax project list

Ms. Jennifer Barker, Executive Director of Administrative Services, presented the proposed 5-year project plan for the Infrastructure Sales Tax.  She recalled that the extension of the Infrastructure Sales Tax was approved by voters in November 2015, that the term of that levy was 15 years from January 1, 2018 to December 31, 2032, and that the taxes collected would be evenly distributed between the County, the Lake County School Board, and all of the municipalities.  She added that the ordinance for the 2018 through 2032 sales tax authorization also provided for an annual public hearing in August to reevaluate the priorities and to make adjustments to the rolling 5-year plan as needed, noting that this year’s public hearing would be held on August 27, 2019.  She shared that the referendum included these categories: public safety such as law enforcement vehicles, fire trucks, ambulances, and public safety equipment; quality of life projects such as parks, trails, recreation, and libraries; public works projects such as road resurfacing, sidewalks, transportation, water quality, utilities, and drainage improvements; and other public infrastructure.  She then displayed a bar graph depicting the project revenue projection for the next five years which totaled approximately $87.6 million, noting that these estimates were based on a three percent expected increase starting in FY 2020.  She also showed a chart with the funding allocations for each project category for the 5-year plan and reported these amounts: public safety was $4.5 million for FY 2020 with a total of $26.59 million for the 5-year plan; quality of life was $3.86 million for FY 2020 with a total of $26.27 million for the 5-year plan; public works was $3.74 million for FY 2020 with a total of $18.79 million for the 5-year plan; other public infrastructure was $2.9 million for FY 2020 with a total of $8.45 million for the 5-year plan; and debt service, which reflected the financing of the new animal shelter and purchase of the public safety radios, had $1.5 million budgeted for each year with a total of $7.5 million through FY 2024.  She commented that discussions today would focus strictly on FY 2020 projects and the funding allocations associated with them; furthermore, she stated that staff was continually evaluating the funding priorities for the future years.  She then displayed the project lists and associated funding for each of the various categories.  She indicated that the public safety projects for FY 2020 included the following: $1.5 million for sheriff vehicles; $500,000 for Emergency Medical Services (EMS) capital items such as ambulances and other capital equipment; $980,000 for fire station renovations; $1.4 million for fire apparatus, vehicles and equipment; and $120,000 for communications infrastructure.  She explained that public safety radios replacements for FY 2029 was listed but funding started in FY 2022.  She reported on these quality of life projects for FY 2020: $1 million for the East Lake Community Park phase one, noting that phase two funding would begin in FY 2022; $150,000 for parking, a path system, and pickleball courts at the North Lake Community Park; $100,000 for an internal road, a path system, and nature center improvements at P.E.A.R. Park; $750,000 for renovation and rehabilitation of trails for the South Lake/Hancock Trails; $100,000 for restrooms, pavilions, a canoe launch, and Americans with Disabilities Act (ADA) retrofits at Lake Idamere Park; $100,000 for a multipurpose field, sports lighting and basketball and tennis courts at the Minneola Athletic Center; $1.19 million for construction of the South Lake Regional Park, noting this was part of phase one; $300,000 for a fishing pier, a boardwalk, an observation tower, and a trail at the Ferndale Preserve; and $170,000 for various other park, public land, and trail improvements.  She mentioned that Ellis Acres/Pine Forest Park, County library renovations, and the Fairgrounds and Event Center relocation were included on the project list but funding had not yet been allocated for those projects until later years.  She explained that a majority of the sales tax funding for public works was proposed for road resurfacing, intersection improvements, and sidewalks.  She elaborated that based on the earlier presentation about financing for road resurfacing, staff would take the $1.7 million which was identified for road resurfacing on this project list and reduce it by the proposed amount for the debt service associated with the $10 million loan and the balance would then appear in this line item for road resurfacing when presented at the public hearing.  She reported that public works projects for FY 2020 currently included $1.7 million for road resurfacing, $820,000 for intersection improvements, $300,000 for sidewalks, $120,000 for the Astatula fuel remediation project, $500,000 for solid waste capital equipment, and $300,000 for the landfill closure of a six acre cell required by the Department of Environmental Protection (DEP).  She indicated that the Max Hooks Road improvements and utilities were included on the project list but that the $1 million funding amount had not yet been identified.  She said that the other public infrastructure category for FY 2020 included these projects: $100,000 for Information Technology (IT) enhancements such as the replacement of the courthouse phone system which had an end of life approximately three years prior; $600,000 for capital building renovations throughout the county; $1.65 million for the purchase of the Lake County Tax Collector building in the City of Clermont, noting that the County had been budgeting funds for this purchase for the last several years in order to accumulate enough funding to exercise the three year purchase option to buy; and $550,000 in order to complete the renovation for the old courthouse which had been a phased project over many years.  She concluded with information on the funding allocation for debt service and reiterated that she would add in the proposed debt service associated with the road resurfacing when presenting this for the public hearing.  She remarked that currently the debt service category was $1.5 million and reflected the debt service associated with the financing of the public safety radios replacement and the construction of the new animal shelter with the reimbursement from the municipalities for their portion of the public safety radios purchase included.  She indicated that the next steps included the public hearing for the final FY 2020 project list on August 27, 2019, that changes from the public hearing would be incorporated into the first budget public hearing on September 10, 2019, and that the final budget hearing would be on September 24, 2019.

Commr. Breeden inquired about the quality of life projects since she was the parks and trails liaison.  She asked if the Board should place unfunded items on the list, such as the request for funding for the Northwest Lake Community Park.  She also relayed that she had spoken to Mr. Joe Dunn, with Friends of Lake Apopka, regarding the trail that they were trying to connect around Lake Apopka, noting that they had received funding for the west side of the lake and that he was attempting to find a way for funding the Lake County side of the lake.  She expressed interest in adding a line item for the Green Mountain Connector Trail and wondered if there was a way to work with developers and receive possible state funding for the design, although she said this would not necessarily be for this year but possibly over the next few years.

Commr. Campione felt that the Northwest Lake Community Park was a valid request from the City of Fruitland Park and that it should be added to the list.  She relayed her understanding that the Green Mountain Connector Trail would go through the two neighborhoods of Sugarloaf and the Hills of Minneola.  She recalled that this was a part of the discussion with the City of Minneola regarding approving the County’s master parks and trails plan; therefore, she thought it would be important to have someone work directly with the City of Minneola and the developers to address this segment of the trail. 

Commr. Parks indicated that he felt that the developers would be supportive of this and he agreed that it should be on the project list.  He commented that Mr. Dunn was working to rally support from the South Lake Chamber of Commerce and the cities who would benefit from the trail; however, he relayed that they had not yet formally expressed support but he felt that based on his discussions with them that they would be supporting it.  He also hoped that the City of Minneola would adopt the master parks and trails plan.  He added that Orange County had designated a place on their long term plan and suggested that the Board also connect with the Lake-Sumter Metropolitan Planning Organization (MPO).

Commr. Breeden said that even if the City of Minneola did not adopt the master plan, they could still possibly support this.

Commr. Campione opined that adopting it would assist with working with the developer from a legal perspective since it would be an adopted plan with the trail location identified.  She inquired if this would be a placeholder for the design part of the trail and Commissioner Breeden confirmed that was correct.  Commissioner Campione then related that Orange County had to fund a larger amount while the Lake County portion would be right-of-way (ROW) inside the developments; additionally, she thought that if the developer would dedicate the ROW, then a possible agreement could be established where the developer might pay for all or half of the construction and then the County could possibly get the remaining funds from the Lake-Sumter MPO.  She asked if staff could provide a map of this section of the master plan in order to better identify the trail location and to utilize in their discussions with developers and the City.

Commr. Sullivan opined that the County needed to work closer with the cities on these funding issues since the cities received one-third of the sales tax and part of the gas tax.  He also suggested partnering on road resurfacing, giving the example that if a road goes through a city and improves their quality of life, then they should possibly contribute.

Commr. Breeden opined that funding partnerships were the way of the future, and Commissioner Parks and Commissioner Campione agreed that collaboration was important.

Commr. Parks inquired about the possible ordinance regarding the registry of Airbnb and rentals in order to collect taxes which could assist with projects. 

Commr. Sullivan agreed and shared an example that the fairgrounds was on the project list but was also eligible for Tourist Development Tax (TDT) funding, noting that if TDT funds increased due to collecting more from rentals, then funds from the sales tax could be diverted to another project. 

Commr. Breeden asked if the ordinance for the Airbnb and rentals was scheduled to come before the Board, and Commissioner Campione inquired if the conceptual plan for the fairgrounds would be presented.

Mr. Cole responded that he had spoken about the registry with Commissioner Parks and Ms. Barker the previous week and relayed that Ms. Barker was working with the Lake County Property Appraiser’s Office to gain more information, noting that item could possibly come before the Board in September 2019.  He relayed that in regards to the fairgrounds, he had been in close contact with Mr. Jimmy Nussbaumer with the Lake County Fair Association, and that they had a meeting the previous week to consider the possible design and layout of the buildings.  He added that there were a number of suggested changes and approaches and that the Lake County Fair Association Manager and the Lake County Fairgrounds and Event Center Manager were reviewing all the design layouts.  He said that the Lake County Fair Association was having their 100 year anniversary fair in April 2021 and they desired to have it at the current location and not the new one; therefore, he suggested that the fairgrounds property be placed on the market in the fall of 2020 for a potential closing date after the fair closed in 2021.  He remarked that at that time, the County would then have that money to utilize for infrastructure improvements at the site and potentially money that the County might have from other sources.  He relayed that staff was currently planning to come before the Board in September 2019 with the request for funding to harden the large expo hall as one of the legislative priorities which would allow the County to bring in revenue for events held there, noting that if it was hardened as an emergency shelter then the County might be able to receive state or federal funding which the County’s lobbyists felt would be viewed upon favorably. 

Commr. Campione suggested placing the fairgrounds on the market in the summer since the closing could be contingent on getting through the final fair event.  She also asked if there was revenue available to paint the restrooms.

Mr. Cole said that it could be placed on the market in the summer of 2020; additionally, he relayed that the property was appraised about two years prior and that there was sufficient funding to make some infrastructure improvements although there was much to be accomplished at the new property such as sewer, water, etc. plus the construction of the buildings.  He said they could relocate some of the pavilions but that they first needed a layout which the Lake County Fair Association could then use to seek grant funding, noting that the layout approval would come before the Board.  He mentioned that staff was considering certain improvements needed for the fairgrounds now and that there was some revenue available in their budget; additionally, he reported that the fairgrounds operated revenue neutral which meant they brought in the needed revenue to support the operation.  He added that their goal was to keep it presentable, clean, and operating without placing a large amount of money into it due to the relocation. 

Commr. Campione asked the Board if there was consensus to have a placeholder on the project list for the Green Mountain Connector Trail and the Northwest Lake Community Park.

Commr. Blake commented that due to the size of the population being served at the Northwest Lake Community Park in the City of Fruitland Park, he suggested taking $50,000 from the $150,000 slated for the North Lake Community Park and earmarking it to the Northwest Lake Community Park since it was a larger city park which would require no maintenance from the County and did not currently have those type of facilities.

Commr. Breeden thought that it could be split and adjusted based on the cost of what was projected by Mr. Bobby Bonilla, Director for the Office of Parks and Trails.

Commr. Campione asked for an update on the Lake County Animal Shelter.

Mr. Cole reported that there was a groundbreaking for it in January 2019, and that following that was a planned period for the architect and contractor to work together to develop the plans, noting that prior to the groundbreaking it was only conceptual.  He said that those had been worked on over the last eight months; additionally, he relayed that when staff received the estimated design price in May of this year, it was much higher than the available budget.  He remarked that staff worked intensively with all parties after that to reduce the price to the amount that the Board had approved in 2018 without compromising the integrity and needs of the building.  He indicated that they were able to accomplish that and were due to receive the guaranteed maximum price to the County soon; furthermore, he said that once the County had a firm commitment to the price, this item would be coming to the August 27, 2019 BCC meeting.  He related that following Board approval of that, work would actually start on the project.  He mentioned that some individuals had expressed concerns that the project was behind schedule but he clarified that it was actually ahead of schedule, noting that it was simply a period while the plans were being developed and finalized.  He thanked staff for working closely with the contractor and the architect to reduce what was an almost $10 million design to about $7 million, which would be a building the county could be proud of and would serve the residents and animals well.  He stated they were on schedule for completion in September 2020.

Ms. Barker asked for confirmation that the Board was desiring for $50,000 to come out of the North Lake Community Park and be earmarked to the Northwest Lake Community Park instead of leaving it unfunded, which the Board provided consensus for; additionally, she indicated that she would make the suggested Board changes and bring them to the public hearing on August 27, 2019.

Mr. Cole commented that the County had been putting aside funding over the past three years for the $3.4 million purchase of the Lake County Tax Collector building on the other public infrastructure project list.  He indicated that they would be asking at an upcoming BCC meeting to extend the lease arrangement by a year since there were some infrastructure issues they were working on and the County was not ready to purchase the building yet until those were addressed.  He asked for the allocated funding to remain on the project list so the County would be prepared to purchase it at the end of the next calendar year.

Commr. Breeden asked if the County was still looking for partnership funding for the Max Hooks Road project which was currently unfunded.

Mr. Cole responded that the $1 million marked as needed on the project list was essentially the share that the developer to the south was committing to pay.  He said that staff had drafted an agreement and made changes based on the developer’s request; however, they had not heard anything from the developer for the last year so there was no current partnership funding.  He relayed that Mr. Bonilla and Mr. Schneider were continuing that road project with the removal of dirt currently happening.  He summarized that it was partially funded but that funding had been taken from the park project and that needed to be addressed.

Commr. Parks commented that good discussions continued to happen with the City of Groveland regarding sharing park maintenance and operation, and he suggested that staff meet again with them regarding these items.  He thought that having an operational partner even at 50 percent would be a benefit.

Mr. Cole remarked that staff could to that; additionally, he said that he continued to have discussions with the city manager, who expressed interest in the operational phase of the project but had not given indication of funding for the construction phase at this point.

Commr. Sullivan relayed that he had discussions with the City as well which were continuing as the project moved forward.

Commr. Campione inquired if there was the possibility for Max Hooks Road to connect through the neighborhood that had been planned so that it could actually function in the future as a collector road.  She stated if that could happen, then there was possible access to impact fee funds although she said it would be up to the City of Groveland to incorporate that into any zoning or subdivision approvals.  She felt that could help facilitate the road construction.

Mr. Schneider shared that this road was reviewed a few years ago and that staff approached the City of Groveland at that time when the property south of the park that extended to County Road 545 was under previous ownership.  He remarked that an impact fee project for a collector road connecting State Road 50 south to the connector road was considered.  He explained that the property owner was not interested at that time.  He elaborated that since that conversation with the city planner, it was believed that the City would support such a project, noting that there was a new property owner and that currently there were conversations regarding the possibility of a collector road and utilizing impact fees instead of sales tax to build the project.

Commr. Campione encouraged those discussions with the city manager.

Mr. Cole reiterated that the Infrastructure Sales Tax project list would come back for a public hearing at the August 27, 2019 BCC meeting.

workshop for noise ordinance

Mr. Tim McClendon, Director for the Office of Planning and Zoning, presented some background information relaying that on April 23, 2019, the Board directed staff to hold a noise ordinance workshop as a result of recent concerns raised by local residents due to growth in the county.  He explained that the noise ordinance was identified as a noise control ordinance in Chapter 14 of the Lake County Code as follows: prohibited excessive noises of amount and duration that may be injurious to humans or animals; prohibited noises that may be annoying or disturbing to the health, peace or enjoyment of life, property or the conduct of business; and pertained to sounds created within a municipality or the county which could be detected within Lake County’s boundaries.  He listed several exemptions to the noise ordinance which included noises coming from emergency vehicles, emergency work related to public health or safety, aircraft, motor/rail carriers, sporting events, fireworks, and agriculture related business activities, noting that the last exemption had caused some recent issues.  He specified that there were not any established scientific based noise level thresholds currently in the county and that this workshop was laying the groundwork to help address this.  He added that the noise ordinance was enforced by the Lake County Office of Code Enforcement through multiple ways such as civil penalties, the special master process, or possible restraining orders if needed.  He then shared the following staff analysis: the current noise ordinance was difficult to enforce; staff researched several surrounding counties and found that most had a decibel level standard which could be scientifically measured; decibel levels were measurable and enforceable with no subjectivity; possible revisions to the Lake County ordinance could include decibel level standards to be applied countywide; if the Board adopted the decibel level revisions to the noise ordinance then there could be possible coordination with the municipalities to enforce standards; and considerations regarding a decibel related noise ordinance would include training and new equipment for the Office of Code Enforcement staff.  He then displayed two benchmarking graphs to surrounding counties which depicted which counties had decibel enforcement as well as the sound level limits and time periods for those limits.  He concluded with options for the Board to consider such as preparing a new ordinance with decibel level thresholds, working in conjunction with municipalities to create a countywide applicable noise ordinance, and moving directly to approval to advertise since it was in the Lake County Code in order to move forward with any changes immediately.

Commr. Campione asked if staff’s research identified how many Lake County cities were already using decibel levels as she thought it would be helpful to know this information.  She felt that questions regarding the cost to enforce it might also arise.

Mr. Glen Guzman, Director for the Office of Code Enforcement, replied that staff did not know how many cities were already utilizing decibel levels but that they could gather that information.

Commr. Parks indicated that much of South Lake did not utilize the decibel level measuring, although Mr. Guzman mentioned that the City of Clermont did.

Commr. Campione relayed her understanding that the decibel level measurement did not always have to be used but only in warranted situations.

Mr. Guzman replied that was correct and that both options could be used; for example, he said if law enforcement was responding to a complaint from a loud party at night, they would not have to use the decibel level measurement but would still have the ability to stop a party immediately.

Commr. Campione thought if efforts were coordinated then every city might not need the equipment as it could possibly be shared, and Mr. Guzman added that the trained staff could be shared as well.

Commr. Breeden felt it would be beneficial to explore if the County could work with the municipalities to see if they were interested in this, as some may not be.

Commr. Parks added that many times loud parties that are a concern typically have other issues that draw law enforcement besides just the noise.  He expressed support for the scientific based approach which could be measureable.

Commr. Blake mentioned that he would like to see a list of examples of activities and what distance would measure a certain decibel level.

Commr. Breeden also inquired at what distance the noise might be measured from, such as the source or from where the complaints were.

Mr. Guzman specified that all of those items could be tailored into the ordinance.  He added that there were scientific ways to measure and that officers would be trained to know how to measure, where to measure, and on the consideration of reoccurring noise versus ambient noise.

Commr. Campione opined that having the cities participate in this was important to its success and suggested reaching out to them at this point to let them know this ordinance was being considered by the BCC in order to obtain their input versus telling them about it after it was developed, and Mr. Guzman responded that he would do that. 

The Board relayed consensus to move forward with a draft of a proposed ordinance based on what was discussed to include backup information which would reflect activities that would generate noise at a certain level; additionally, they desired to reach out to the cities to keep them informed.

other business

appointment to the children’s services council

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 Mr. Glen Hall as a Representative from District 3 to the Children’s Services Council to complete an unexpired two-year term ending May 14, 2021.

commissioners reports

commissioner parks – district 2

triathlon events

Commr. Parks congratulated Mr. Fred Sommer, of Sommer Sports, the City of Clermont, and all of South Lake for hosting the Great Floridian Triathlon and the Ultra-Distance National Championship in October 2019, noting that these events would bring people to Lake County and would have a positive economic impact.

umatilla’s breakfast for educators

Commr. Parks mentioned that he and Commissioner Breeden had the opportunity to be spirit judges at the City of Umatilla’s Breakfast for Educators event the previous week.

commissioner breeden – vice chairman and district 3

teacher appreciation events

Commr. Breeden relayed that she attended five teacher appreciation events the previous week, noting that they were great events which showed appreciation for the teachers and staff of the Lake County schools.

altrusa international convention recognition

Commr. Breeden congratulated Ms. Denise Burry for being honored at the Altrusa International Convention for leading the effort to help homeless and unaccompanied youth, noting that she would be receiving a $2,000 grant.

muse magazine

Commr. Breeden distributed to each of the Commissioners a copy of the most recent Muse magazine which she indicated was related to all the arts within Lake County and included an artist registry as well as a calendar of seasonal art events.  She said it was published once a year and that this copy was the second annual edition.  She encouraged local artists and venues to report about their events which could be included in this magazine.  She added that arts information was also available on the County Facebook page and VisitLakeFl.com.

commissioner blake – district 5

road naming ceremony

Commr. Blake commended Commissioner Sullivan, Commissioner Campione, and the Lake County Office of Communications staff for the meaningful road naming ceremony in honor of Pfc. Derek Arthur Gibson who was killed in action in 2007.

protest march

Commr. Blake thanked the Lake County Sheriff’s Office, the Office of Public Safety Support, and the County Manager for their professionalism and services during the protest march the previous Saturday.

teacher appreciation breakfast

Commr. Blake remarked that the Umatilla Chamber of Commerce did a great job at their teacher appreciation breakfast.

commissioner campione – CHAIRMAN AND district 4

road naming ceremony

Commr. Campione also praised staff for the wonderful job they did on the road naming ceremony for Pfc. Derek Arthur Gibson who lost his life serving our country.

homeless shelter

Commr. Campione mentioned that in preparing for the upcoming budget hearings, she had been reviewing County history and noted that one item that had recently been in the social media was the Board’s interest in partnering with other organizations to build a homeless shelter.  She expressed a desire to obtain an update from The Salvation Army regarding possible locations and the size of the facility as she had heard that they were considering the property they owned in the City of Leesburg area. 

Commr. Parks said that was one of the sites but that they were also working with staff to find other sites to be considered.  He believed that The Salvation Army would be reporting in September 2019.

Mr. Cole commented that The Salvation Army was continuing to move forward and he thought they were holding a meeting in September 2019.  He said that he would schedule them to provide an update to the Board.

Commr. Campione reiterated that this would be a partnership with organizations and the municipalities and that it would not be a County department running it, noting that she wanted to make sure people had a better understanding of what the County was trying to do.  She opined that this was an issue which affected people from a humanitarian perspective as well as businesses and downtown districts.  She added that the desire was to address the needs of individuals already within the county with the goal of connecting them to the proper services they needed.  She felt addressing homelessness was important and that the County was attempting to be smart about their approach to it.

Commr. Breeden also expressed concerns with how this issue was being portrayed in the media.

Commr. Parks thanked Commissioner Campione for addressing this because he agreed that one paragraph on this topic in the media was not enough to interpret the complexity of this issue.  He encouraged people to participate and listen to the BCC meetings to gain a better understanding of what was being proposed.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:58 a.m.

 

 

 

 

 

 

_________________________________

leslie campione, chairman

 

 

ATTEST:

 

 

________________________________

GARY J COONEY, CLERK