A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

May 5, 2020

The Lake County Board of County Commissioners met in regular session on Tuesday, May 5, 2020 at 9:00 a.m., via teleconference, which is allowed per Executive Order of the Governor of Florida due to COVID-19, a novel strain of the coronavirus.  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.

moment of silence and pledge of allegiance

Commr. Campione called for a moment of silence in order to honor and show support to those experiencing difficulties during this time as well as support for first responders, healthcare workers, and everyone impacted by the COVID-19 pandemic.  She then asked for Commissioner Blake to lead the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, conveyed instructions for the virtual meeting, and explained that the meeting was being livestreamed on the County website; additionally, he explained that the meeting was available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period of the meeting, noting that directions on how to accomplish this were being displayed through the livestreaming.  He elaborated that citizens who desired to speak during the Citizen Question and Comment Period could join the webinar and press *9 on their phones to virtually raise their hands; furthermore, Mr. Erikk Ross, Director for the Information Technology (IT) Department, would then identify the person, unmute their phone, and allow the citizen to speak for their three minute timeframe.  He added that anyone wishing to provide written comments could visit www.lakecountyfl.gov/commissionmeeting, noting that comments presented before 5:00 p.m. the previous day were shared with the Commission prior to this meeting, and that comments sent during this meeting would be shared with the Commission after the meeting was concluded.  He then indicated that the only change to the meeting agenda was for Tab 29, noting that an attachment was added to this item after the agenda had first been published. 

covid-19 update

Mr. Tommy Carpenter, Director for the Office of Emergency Management, provided an update on the County’s response to the coronavirus concerns and reported the following: the Emergency Operations Center remained at a Level 1 full activation with minimal staffing at the center due to many staff working remotely; the Florida Department of Health (DOH) and the Lake County Citizens Information Line were also working remotely in order to maintain social distancing; the local Florida DOH in Lake County COVID-19 hotline was available, with no wait time, seven days a week from 8:00 a.m. to 5:00 p.m. at 352-742-4830; and the Lake County Citizens Information Line was available to provide local information to callers at 352-253-9999 and was also available seven days a week from 9:00 a.m. to 5:00 p.m.  He then shared these statistics from the Florida DOH’s website regarding COVID-19 cases within Lake County: there were 235 positive cases, noting that two weeks prior there were 211 cases; 13 deaths had been reported as of this date; there had been 7,464 individuals tested as of the previous day, with 3,894 tested two weeks prior; of the 7,464 total tested, 7,221 were negative test results; and the percentage of positive results currently was at 3.1 percent whereas it was 5.4 percent two weeks prior, noting that this meant the test numbers were increasing but the rate of positivity was decreasing over the last two weeks.  He indicated that the Lake County Office of Emergency Management was continuing to work with the Florida Division of Emergency Management in order to obtain personal protective equipment (PPE) for first responders and healthcare providers with weekly shipments from the State being received at the staging area in the City of Groveland; however, commercially produced PPE was becoming more available and was also being ordered.  He said that his office was actively working with the Florida DOH to monitor COVID-19 cases in long-term care facilities, noting that Lake County had 63 long-term care facilities.  He reported that four of these facilities had positive COVID-19 cases with three of the cases being staff and only one positive case for patients with no deaths being reported at these facilities.  He relayed that Lake County had a Federal Emergency Management Agency (FEMA) approved non-congregate sheltering plan but currently no one was being sheltered; furthermore, the purpose of the plan was for any homeless population that might be awaiting testing results or who had tested positive.  He acknowledged Lake Support and Emergency Recovery (LASER) for their support of the County’s COVID-19 efforts and shared that they, along with the Lake County Sheriff’s Office (LCSO) and local churches, had taken the lead in the production of masks for public safety professionals and healthcare providers to provide to their patients.  He reported that 13,689 masks had been made and distributed through this effort.  He commented that a second area in which LASER had taken the lead was with their work with the Food for Florida program in bringing food to local food pantries in Lake County.  He shared that as of the morning’s update, LASER had delivered to 54 food pantries for a total of 114,450 meals over the last two weeks.  He mentioned that Lake County, in partnership with the local doctor’s office Adult Medicine of Lake County, had established three drive-thru COVID-19 testing sites with locations in the Cities of Clermont, Leesburg, and Mount Dora, noting that Lake County residents could be tested at any of these sites for $20 and that the Lake County DOH was providing tests for anyone who could not afford the testing fee.  He reported that the County’s goal in working with the Florida DOH in Lake County was to get at least 700 more tests out a week over the following four weeks in order to better determine the status of the county and to guide how safely the county could re-open; additionally, he stated that since April 17, 2020, Adult Medicine in Lake County had performed nearly 2,400 COVID-19 tests and 3,400 immunity tests, with the County partnership beginning a week later on April 24, 2020.  He relayed that as of this date, Adult Medicine reported that 6.25 percent of the immunity tests had come back positive which meant that those individuals had COVID-19 and recovered from it.  He indicated that AdventHealth Waterman had begun a drive-thru for COVID-19 testing on April 25, 2020 at Lake Sumter State College with 1,636 tests being administered as of the previous day; furthermore, he described that there was free testing at the State’s regional test site at the Orange County Convention Center. 

Commr. Campione explained that regional meetings with the Metro Orlando counties followed a similar reporting structure.  She opined that information from the COVID-19 testing and antibody testing was very informative and felt that it was a good service for the residents.  She specified that the focus for long-term care facilities would be to monitor people coming and going and working at those facilities, noting that she believed that Lake County had been fortunate to have a low number of cases within these facilities and that with 63 facilities, it was important to provide the support needed in order to prevent outbreaks.

Mr. Aaron Kissler, Administrator/Director/Health Officer for the Florida DOH in Lake County, reported that phase one of the Florida Governor’s re-opening plan had started the previous day.  He said the DOH continued to focus on long-term care facilities since they had some of the most vulnerable population; additionally, he stated that testing continued to happen and that they were pleased with the private provider community, noting that his office was assisting as needed with testing setup.  He opined that the county’s low positivity rate was a good sign, and reiterated that even as the number of tests increased, the percent positivity number was the important number to consider.  He shared that his office communicated with partners and performed contact tracing whenever someone did test positive in order to monitor others who might have been exposed.  He mentioned two pilots that would begin with one being a rapid self-testing focused on first responders, healthcare workers, and long-term care facilities workers, and the second being contact investigations through a possible software application that his Epi team was working on.  He believed that these two pilots would be helpful, and that the community was working well together.  He thanked everyone for their support and efforts to keep people safe.

Commr. Campione opined that the Florida DOH in Lake County was doing a tremendous job with the contact tracing which she felt was critical especially within the re-opening phase.  She then asked for additional information on support for long-term care facilities in an effort to keep them safe.

Mr. Kissler responded that his office was currently communicating with these types of facilities on a regular basis to confirm they had what they needed, noting that they were obtaining PPE from both private providers and from the State.  He reiterated that they were monitoring their supplies and needs on a daily basis; additionally, he relayed that representatives from the DOH and the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) were working with long-term care facilities in an attempt to protect that population. 

Commr. Campione then requested for Board discussion regarding Florida Governor Ron DeSantis’ Executive Order 20-112, which was Phase I of the plan to re-open the State of Florida.  She explained that the County was fighting against the COVID-19 on both the health side and also the economic and financial side.  She expressed sympathy for those being affected due to the loss of a paycheck and small businesses trying to maintain.  She relayed that there were questions coming from the community regarding what the County could possibly do locally to ease the restrictions put in place by the Florida Governor and to allow some businesses to reopen that might not be on the approved list.  She mentioned that she had sent a letter, and noted that Commissioner Blake had as well, to the Governor to ask him to consider personal service providers; additionally, she had suggested a list of potential protocols that could be utilized to keep those facilities safe.  She felt there were establishments that people were allowed to visit that she believed were more risky than a personal care provider following safety protocols, noting that she also sent this letter to the Florida Division of Emergency Management.  She relayed that she had spoken with the BCC Chairmen from Marion, Volusia and Levy Counties who had made similar requests.  She shared that she had explored this with the County Attorney and asked for her to address if there was anything that could be done locally to allow businesses to open. 

Ms. Melanie Marsh, County Attorney, responded that the way the Florida Emergency Management Statute was set up was that it specifically stated that the orders issued by the Governor under a state of emergency have the full force and effect of the law.  She said that there was another provision which allowed Counties to issue emergency orders based on a local state of emergency; however, that provision stated that while the County could issue orders, they could not be inconsistent with orders or rules adopted by any state agency exercising a power delegated to it by the Governor.  She thought that due to this, the County could not issue anything that would be inconsistent with the Governor’s order.  She shared that his prior order in which he designated what were essential businesses, had a provision in it that if somebody wanted an additional business to be listed as essential, then it had to go through the State Coordinating Officer in conjunction with the State Health Officer and they could add those businesses to the list if they felt it was necessary.  She commented that the Florida Division of Emergency Management website had a list of essential businesses and they did have a section where they had added additional businesses to the original list.  She reiterated that she did not think the County had the ability to issue any type of order that would allow businesses to open in contradiction to what the Governor had said can be opened or should not be opened at this point in time. 

Commr. Campione thanked Ms. Marsh for providing that information, and commented that it appeared that the County and these businesses were in a holding pattern and waiting on the Governor.  She reiterated the desire to send the County’s message to him in the hopes that this issue could be revisited.  She added that she had also sent a letter to the city managers and mayors, as well as the Lake County Sheriff, requesting that if there were questions regarding enforcement, for them to reiterate that this was not a County order but was the Governor’s order; furthermore, the County’s order had simply outlined protocols, guidelines and best practices to help create a safe environment.  She clarified that it was not intended to be punitive but to be a way to provide resources and guidelines on how to be safe, protect their customers, and build confidence in the community so that individuals would be comfortable visiting businesses.

Commr. Parks inquired that since the county’s average of cases had declined over a seven day period, if that could be communicated to the Governor in order to assist with a decision to reopen businesses.  He expressed an understanding that there was no specific date for when phase two for re-opening would start.

Commr. Campione thought that was a good point and mentioned that the County would convey that information in a letter to the Governor to show the number of tests being performed weekly and the reduction being seen in the county.  She reiterated the importance, especially within long-term care facilities, to do whatever was needed to prevent outbreaks and additional threats in order to prevent any delays from continuing on with the various re-opening phases.  She confirmed that there was no specific date for when phase two would begin, noting that she desired to encourage the Governor to allow phase two to take place in individual counties based upon their actual testing data. 

Commr. Parks expressed support for this.

Commr. Blake thanked the Chairman for sending the letter as he felt that many in the community would appreciate it.  He shared that when watching the Governor’s press conference on the previous Saturday, the Governor asked the Orange County DOH if there had been any outbreaks or areas of concern for salons and barber shops, noting that the answer was no.  He said he was curious if Mr. Kissler was aware of any situations nationally where those types of establishments had been shown to have a greater risk which would justify being treated differently.

Mr. Kissler responded that he had not seen any information either way in regards to that but that he could research it.

Commr. Campione asked if Mr. Kissler had seen anything with the contact tracing locally that pointed to that being a source or a place where the spread of the virus had occurred.

Mr. Kissler replied that he would need to review it further and felt that the recommendations were based on the data at the state level.

Commr. Breeden thanked the Chairman for sending her letter, and relayed that there was an anecdotal article in the Orlando Sentinel newspaper a week or so previously about a specific gym in the City of Orlando area where the owners contracted the coronavirus. 

Commr. Campione showed curiosity regarding this case as to whether others who visited the gym had the virus versus the owners.  She reiterated her belief that if precautionary measures were being done to prevent the virus from spreading, then it would seem that just because there was more contact with personal services establishments, there was not necessarily more opportunity for the virus to spread.  She expressed an understanding that the Governor’s goal was to ensure that the state did not have more outbreaks; however, she felt that these situations should be reviewed.

Commr. Breeden agreed, and thought that the outbreak at the gym happened prior to any protocols being required and possibly even before the stay-at-home order.  She opined that now that people were more aware of safety measures, then personal care providers could follow the correct protocols in order to open.

Commr. Sullivan applauded everyone’s efforts, and believed that the argument should be that based on county statistics, the county should be able to move faster through the re-opening phases that the Governor had established.  He felt that the Governor was attempting to re-open on a regional basis and that Lake County’s numbers were better than other counties.  He agreed with the message to allow Lake County to move forward based on their numbers, noting that it would take into consideration the protocols discussed.  He opined this would assist small businesses in the county and boost the local economy, as well as instill confidence in the community that the County had the ability to react to situations quickly, noting the cooperation from the three local hospitals and the testing being performed was an example of this. 

Commr. Parks emphasized the importance of communication and the role of the County government in being positive about the re-opening.  He felt that there was some confusion among small businesses as to who could re-open, and that the County could be a positive influence in getting people back to work while equipping them with the recommendations and best practices in order to open safely.  He recognized the Office of Communications for working hard in communicating with the community.

Mr. Kissler thanked everyone in the county for the sacrifices they had made in order to stop the spread of the virus.

Commr. Blake inquired how Lake County’s number of deaths related to the coronavirus compared to the number of fatalities in a recent flu season.

Mr. Kissler responded that it would be difficult to determine at this point since the virus was still active, although he thought that within a few months they might have a better idea.  He indicated that based on the number of positive tests, it was currently higher.  He opined that it was stronger than the flu as far as how it spread and the number of fatalities.  He reiterated that a clear picture of the effects may not be available until the fall or winter. 

Commr. Blake then asked if Mr. Kissler knew how many fatalities might be typical in a bad flu season within Lake County, noting that he had been informed that there were 57 fatalities in Lake County for the 2018 flu season and wondered if that was accurate.

Mr. Kissler replied that regional data would be better because Lake County’s numbers can fluctuate from year to year.  He indicated that he could obtain a regional number and check on the 2018 amount.

Commr. Campione understood the rationale to look at it regionally, and asked if it could be reported for a couple of years and show a comparison between Lake County and surrounding counties.

Mr. Kissler responded that he could provide some initial numbers; however, he reiterated that until there was an annual compilation of this year’s data, it would be difficult to compare.

Commr. Campione clarified that Mr. Kissler was implying that this particular year’s data as opposed to going back a couple of years to review flu in prior years.

Mr. Kissler confirmed that was correct, and that comparing just a couple of months’ data of COVID-19 to a flu season would be difficult, although he thought it might be a good idea to compare.

Commr. Campione emphasized to remember that there would still be several more months of data that would need to be included.  She also thought that including whether the fatalities were truly related to COVID-19 was important, noting that she felt that the Florida DOH had good systems in place to track that information.  She then transitioned into discussions relating to the economic impacts and financial difficulties related to this pandemic.

Mr. Brandon Matulka, Executive Director for the Agency for Economic Prosperity, provided an update on what his office was doing which included the following: they continued to work alongside the Offices of Emergency Management, Communications and other partner organizations throughout the COVID-19 response in order to be a quality source of information for both individuals and businesses in addressing the needs of both of those groups; they continued to send out consistent messaging to partners each week regarding updated information as it was received, noting that recent messaging included the additional funding from the federal government in the Paycheck Protection Program (PPP) and Health Care Enhancement Act which provided an additional $300 billion towards the PPP and roughly $60 billion for the emergency economic injury disaster grants and the disaster loans program account; and they had worked with the Office of Communications to create, advertise and conduct the Lake County COVID-19 business impact survey which was sent to all their partners throughout the community with approximately 560 responses to the survey from a variety of industries throughout the county, noting that they had summarized the information from the survey and were able to share it with municipal partners.  He remarked that with the emphasis on the Governor’s re-opening plan as well as the corresponding Lake County protocols and guidelines that were issued, his office was working with the Office of Communications for quick and clear messaging of the information, and they were able to distribute this to key partners who could then share it within their networks as well as business contacts throughout the county.  He indicated that his office continued to work on ways to message and portray that information in a clear and concise manner as additional phases and corresponding information became available.  He shared that as a part of those efforts, they were working to create a form and a process which would allow individuals and businesses to submit feedback, comments, and questions relating to COVID-19 as well as allow his office to respond in an effective and efficient manner, noting that he hoped for those forms to be available on the County website soon.  He mentioned that his staff was also working with education partners within the county, and that these partners should be sending out information regarding resources they had available for individuals and businesses as it related to the workforce.  He then relayed some next steps for his office that included gathering information regarding re-opening and any associated Lake County actions, staying aware of resources that became available, and working with the Office of Communications to ensure that updated and clear messaging was taking place.  He indicated that they would continue to assist any businesses that might reach out to his office as well as consider ways to assist small businesses with their needs.  He also shared that they had been working with Mr. Carpenter in the Office of Emergency Management on potential initiatives and opportunities which might be available to assist businesses in terms of PPE availability, noting that was a frequent response from the survey.  He relayed that he was involved with the Orange County Economic Recovery Taskforce, and that a major underlying theme that arose from those meetings was how everyone could work together to build consumer confidence as well as different strategies to help achieve those goals.

Commr. Parks expressed appreciation for Mr. Matulka’s work over the last two weeks in assisting with identifying the needs of businesses in the community.  He opined that while there had been loss of life with this pandemic, there had also been a lot of economic damage as well.  He referenced the program to provide PPE that Mr. Matulka had mentioned, which he felt helped to build consumer confidence.  He indicated support of LASER working with Mr. Matulka’s office as well as Mr. Carpenter’s office in helping businesses to acquire PPE, as he felt LASER could accept donations and raise funds since they were a nonprofit organization. 

Commr. Campione complimented Mr. Matulka on the survey and asked him to continue with his team’s efforts to assist people who were trying to navigate the unemployment process and connecting them to resources.  She also supported the efforts to help businesses obtain supplies in order to create a safe environment which lends to consumer confidence.   

Ms. Jo-Anne Drury, Director for the Office of Housing and Human Services, then relayed information regarding the supplemental Community Development Block Grant (CDBG) funds available to Lake County in order to seek the Board’s input on the use of these funds to help the community respond to and recover from the COVID-19 pandemic.  She mentioned that formal Board action would be scheduled for the May 19, 2020 Board of County Commissioners (BCC) meeting.  She stated that within the Coronavirus Aid, Relief, and Economic Security (CARES) Act, $5 billion in supplemental CDBG funding for grants to prevent, prepare for, and respond to the coronavirus were appropriated, noting that they were being referenced as CDBG-CV grants; additionally, she reported that Lake County was eligible to receive $787,166 through this program.  She explained that the use of CDBG-CV funds must meet the national objective and be CDBG eligible.  She shared the two national objectives for these funds with the first being to serve low-moderate income (LMI) parts of the community and citizens, noting that a minimum of 70 percent of funds being awarded after administration costs were deducted must be spent on these LMI benefits; furthermore, the presumed populations that would benefit included seniors, the homeless, and food banks due to the nature of their business.  She said that urgent need was another national objective, and that a maximum of 30 percent of the funds after administration costs could be spent on urgent need strategy and could be used without the LMI benefit.  She then listed the types of eligible activities which included the following: building acquisition and improvements such as shelters, testing sites, hospital expansion; business assistance to include programs to help with job loss prevention, and financial assistance to microenterprises that support home health/quarantine, etc.; public services such as meal delivery, mobile testing sites, and job training; and administration which could be the labor required to administer the grant or non-project specific emergency infection disease response plan.  She explained that these were simply examples and that they had to be strategies and projects which focused on the prevention and recovery of COVID-19.  She indicated that of the $787,166 which Lake County would receive through this program, administration could be up to 20 percent; however, she said that staff believed that about $50,166, or approximately six percent, would be adequate to administer this program under this grant, noting that this would leave approximately $737,000 available to focus on programs.  She gave the example that if the County spent 30 percent on urgent need, it would equate to around $221,000, and that a minimum of about $515,000 would have to be spent on the LMI objective.  She remarked that in order to determine the best use of the funding, staff wanted to identify and prioritize the immediate and longer-term recovery needs of the community; therefore, they conducted a community phone call and survey to assess where the needs were, what funding was available to meet those needs, and what gaps might exist.  She reported that they had 28 survey responses and 27 participants on the phone call who represented a range of agencies and included the Mid-Florida Homeless Coalition, several food banks, the Early Learning Coalition, The Salvation Army, city and County economic development departments, Lake Community Action Agency, LifeStream Behavioral Center, Housing for All of Lake County, LASER, and several other local agencies.  She then showed a slide of the survey results as related to the needs ranked as most important in the response and recovery.  She relayed that the areas ranked included operations, testing facilities, legal assistance, job training, counseling, medication, personal protective equipment, transportation, access to food, small business financial assistance, mortgage assistance, and rental or utility assistance.  She noted that the top six highest needs were rental or utility assistance, access to food, personal protective equipment, small business financial assistance, testing facilities, and operations such as overtime and administration support.  She added that the needs expressed during the community conversation were consistent with the survey results and included food, rental assistance, utility assistance, food delivery for elderly and disabled citizens, business community’s need for PPE and cleaning supplies, and childcare.  She commented that in order to access the CDBG-CV fund, the annual action plan needed to be amended to include COVID-19 eligible activities and the amount to be spent on each of these activities; furthermore, she said that for the Board’s discussion, staff proposed activities which focused on the top six most important needs identified by the survey.  She explained that since one of the top needs was rental assistance, she wanted to relay that rental assistance was funded by Lake County State Housing Initiative Partnership (SHIP) grant funds as approved by the BCC at their April 21, 2020 meeting, noting that there was approximately $440,000 available to assist county residents with rental assistance.  She displayed a chart which depicted the top six needs, the proposed activity to meet each need, and the proposed funding amount, and then explained each item as follows: for PPE, staff was proposing to fund the Lake County Office of Fire Rescue sterilization program in the amount of $41,000, noting that this expense was currently being incurred partially in the Lake County General Fund and partially in the Office of Fire Rescue budget; for utility assistance, the proposal was to fund residents’ unpaid and past due utilities since the COVID-19 pandemic hit in the amount of $100,000; for access to food, staff was proposing to fund food banks in the amount of $280,900; for testing facilities, the proposal was to fund the COVID-19 testing of residents by Adult Medicine of Lake County, noting that this expense was currently being incurred in the General Fund with the proposed funding through CDBG-CV funds to be $150,000; for operations, staff was proposing to fund the Office of Fire Rescue’s transport of homeless from the hospital to the non-congregate shelter in the amount of $15,000, although she noted that no homeless individuals had been transported yet, but that the Office of Fire Rescue had incurred costs to have the service readily available; and for small business financial assistance, staff was proposing mini-grants for small businesses up to $5,000 for the purpose of obtaining PPE, cleaning supplies, and overhead expenses, with the CDBG-CV funding to be $150,000.  She concluded with a summary slide which reiterated the overall award of $787,166, less administration costs of approximately $50,166, for a remainder of about $737,000 to fund a variety of proposed programs as just mentioned. 

Commr. Breeden inquired about the mask sterilization and whether that only benefited the County first responders, noting that she was happy that the Office of Fire Rescue had implemented this.  She wondered if it could assist businesses as she felt they would need assistance with PPE.

Mr. Jim Dickerson, Fire Chief for the Office of Fire Rescue, responded that in regards to the mask sterilization process, his office only sterilized the masks recommended by the National Institute for Occupational Safety and Health (NIOSH) and the Centers for Disease Control and Prevention (CDC).  He relayed that they had extended the offer to sterilize to some private companies; however, because the companies were using masks which were not on the approved list, his office was unable to sterilize them.  He stated this situation had happened with The Villages Fire Department.  He explained that they had asked his office to sterilize their masks but since their masks were not on the CDC list nor in the test batch that his office had to perform on their own and send to NIOSH to get the system validated, then they were unable to sterilize the masks for them.  He reiterated that this was the only concern with being able to assist with sterilization of masks.

Commr. Breeden thanked Chief Dickerson for his explanation, and Ms. Drury for her presentation.  She then expressed a desire to have some of the CDBG funding assist small businesses with obtaining PPE.

Commr. Campione remarked that the Office of Fire Rescue had to incur additional costs in order to be able to manage the transport of patients and interaction with the public while maintaining their own safety due to COVID-19.  She explained that compared to counterparts in Orange and Seminole Counties, which are designated as metropolitan areas and received large amounts of funding from the federal government, Lake County did not receive as much funding.  She cautioned taking funds from this particular item and felt that small business mini-grants could assist with PPE purchases for businesses.

Commr. Breeden agreed with Commissioner Campione’s thoughts, although she still supported her comments since many County departments had incurred additional expenses.

Commr. Campione opined that this supported the mission of preventing the spread of the virus and additional outbreaks, noting that the mask sterilization was very resourceful as a way to get additional use out of the masks instead of having to obtain more.

Commr. Sullivan asked how much of a bureaucratic process might be required for businesses and residents in order to access these funds as he had concerns that the funds were needed immediately, noting that he was aware of some local food banks which did not participate through government programs due to the paperwork involved.  He believed that small business grants were a great way to get assistance, especially with them having to incur additional costs due to safety measure requirements in an already difficult time for businesses. 

Mr. Cole explained that this item was originally intended to be on the May 19, 2020 BCC meeting; however, that would have required it to be brought back on June 2, 2020 for Board approval to modify the CDBG plan to incorporate the programs which would have meant funds would not have been expended until after June 2, 2020. He elaborated that staff had this presentation at this meeting so they could return at the May 19, 2020 BCC meeting to gain approval then and be able to mobilize earlier depending on the Board’s direction.  He agreed with keeping the bureaucracy to a minimum as he felt it was important to get the funding out into the community as soon as possible, and the reason it was presented at this meeting.  He reiterated that staff would work to make the process as simple as possible and get it out as quickly as possible. 

Commr. Campione opined that making sure funding went to the right places where it would have the most impact as well as to places that had been impacted the most without any other means to get assistance was key.  She then inquired how the utility assistance would be administered, how it would be decided who was eligible, and would individuals’ requests need to be based on the fact they no longer had access to money that they might have had previously.  She wanted to make sure those who really needed it were receiving it versus those who might receive it simply because they applied on time.  She also had concerns to make sure the mini-grant program was carefully administered to those who truly needed it, noting the example of what happened with the PPP funding.  She felt the Board should consider those who might have been impacted the longest by the closures, and gave the example of the personal care providers who had not even been allowed to return to work even though other businesses had.

Ms. Drury responded that individuals looking for utility assistance would need to go through income qualification to show that they met the low moderate income.  She added that staff could consider prioritizing people who had been impacted longer or out of work for a longer period of time.  She said they could also work with County partners such as The Salvation Army and United Way to ensure that the County was not duplicating efforts.

Commr. Campione commented that seemed to be a good approach, and asked for staff to make sure that just because someone met the income qualifications, it might not necessarily mean they could access these funds since they were directed more to someone who had their income or paycheck withheld as a result of the COVID-19 situation.  She remarked that the mini-grants could possibly have a similar approach in which after the application was accepted, staff could develop criteria so that people would know how they would be prioritized in advance. 

Mr. Cole thanked the Board for their comments and indicated that staff would amend the plan and have it return to the Board at their May 19, 2020 meeting so that staff could be prepared to take action within the next two weeks. 

Commr. Campione suggested to also be prepared or build into the funding a way to address any needs that might arise in regards to preventing outbreaks or spread, such as with the mobile testing if the DOH needed assistance or assistance for the long-term care facilities or assisted living facilities (ALFs).  She thought that if additional funding through CDBG became available later, then there would be a line item in the overall plan and provide flexibility to assist with ALFs, nursing homes, or mobile testing. 

Mr. Cole mentioned that staff would consider that; furthermore, he stated that in regards to the specific $150,000 designated earlier in the presentation for Adult Medicine, he recommended that for the amendment to this proposal, that this item be less specific and simply reference testing in order to allow more flexibility.  He added that currently reserve funding was identified for Adult Medicine, and he believed some flexibility might take care of this as well. 

Commr. Parks expressed concerns with the bureaucracy that might be required in regards to food banks and how that might work with LASER as well.  He mentioned he would connect with Mr. Cole prior to the May 19, 2020 meeting to discuss.

Mr. Cole asked for Ms. Drury to comment on how food banks might work.

Ms. Drury thought that food banks could be considered urgent need.  She asked for Ms. Karen Parrish, with Mullin and Lonergan Associates who was the County’s CDBG consultant group, to comment regarding this.

Ms. Parrish responded that the food banks would fall under the low income consideration.  She opined that working with LASER would be an ideal way to obtain and distribute the food according to the need.  She added that food banks fell under what the U.S. Department of Housing and Urban Development (HUD) considered the nature or the location of an activity that allowed one to presume that the beneficiaries would be low income.  She thought that program would not have much in terms of bureaucracy except possibly at the front end when purchasing the food, noting that was where LASER could assist.

Commr. Breeden expressed support for making the testing component less specific since the DOH did testing for those who might not be able to afford the fee.

Commr. Campione asked if any official action needed to be taken at this time, and Mr. Cole replied that simply Board consensus was what staff needed for this meeting, and that this item would be presented again at the May 19, 2020 BCC meeting.

Minutes approval

On a motion by Commr. Blake, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the minutes for the BCC meetings of March 5, 2020 (Special Meeting) and March 10, 2020 (Regular Meeting).

citizen question and comment period

Commr. Campione reviewed the process for raising one’s hand to speak, reminded speakers that they would be limited to three minutes, and asked for anyone speaking to follow the normal rules of decorum for Board meetings.   

Mr. Ross explained that anyone wishing to speak could utilize the raise hand procedure; furthermore, for those connected through the computer, he would read the citizen’s name and unmute their line so they could speak, and for those connected through the phone, he would read out the last four digits of the phone number when it was their time to speak.  He indicated to the Chairman that one person had raised their hand to speak.

Mr. David Serdar, a concerned citizen, expressed his appreciation for Keep Lake Beautiful and their commitment to the environment; furthermore, he said he supported the importance of eliminating plastic bags and bottles, and fighting against drug abuse.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 and 2, 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.

Mt. Plymouth-Sorrento CRA 2019 Annual Report

Request to acknowledge receipt of a copy of the 2019 CRA Annual Report for the Mt. Plymouth-Sorrento CRA reporting requirement.

comprehensive annual financial report

Mr. Gary J. Cooney, Clerk of the Circuit Court and Comptroller, introduced Mr. William Blend, Certified Public Accountant (CPA) with Moore Stephens Lovelace (MSL), who would present the Lake County Comprehensive Annual Financial Report (CAFR).  Mr. Cooney then recognized the following Clerk employees who had worked on the project as follows: Ms. Kristy Mullane, Chief Financial Officer; Ms. Mary Burns, Accounting Director; Mr. Kevin McDonald, Budget Director; Ms. April Allman; Ms. Julia Wilson; Ms. Tracy Zeller; Ms. Cyndi Richardson; Ms. Connie Rodgers; Ms. Merrilyn DiVenanzo; and Ms. Lisa Yanco.  He also thanked Ms. Kelly LaFollette and Ms. Donna Bowers from the Clerk’s Executive Office, as well as Ms. Drury who had contributed to the CAFR prior to moving into her current position with Lake County Government.  He explained that once the finance team finished the CAFR, it was presented to the MSL team to review, noting that the County once again had an unmodified opinion.

Mr. Blend thanked the Commissioners for allowing MSL to serve as the County’s external auditors, and echoed Mr. Cooney’s appreciation for the Clerk staff as well as those within the County staff that MSL worked with during the process, noting that everyone did a great job responding to MSL’s inquiries.  He stated that he would go through the required communications which included the auditor responsibilities, management responsibilities, internal controls and compliance, significant matters, management representations, assigned individual for oversight, and audit schedule.  He explained that the auditor responsibilities were to perform their audit in accordance with all applicable audit standards, and that the management responsibilities were to respond timely, accurately, and honestly to any MSL requests or inquiries as well as documentation requests, which he noted they had done.  He said that while they do not audit internal controls and compliance, they evaluate them for the purposes of planning their financial statement audit; additionally, he stated there were no significant matters to report.  He remarked that management did provide them with the appropriate management representation letter, that the main contact for the audit was Ms. Mullane, and that as far as he knew, there was no contact with other county firms or auditors by staff.  He relayed that due to Ms. Drury’s transition from the Clerk’s Office to the County’s Office of Housing and Human Services, along with the COVID-19 events, staff’s timely completion of the report deserved recognition.  He then reported on the deliverables, and noted that the independent auditor’s report on the financial statement received an unmodified opinion which meant that MSL audited the information, it was accurate from a materiality standpoint, and that MSL had no issues with the information.  He relayed that it was also in accordance with the single audit act uniform guidance from the federal side as well as the Florida Single Audit Act, that the report was within the document on pages 215-217, and that there were no findings related to the County’s compliance of major federal programs and state projects.  He commented that the report on internal controls, which is required under government audit standards, was a clean report; furthermore, the management letter, which is a requirement of the Florida Auditor General’s Office, also had no items to report.  He remarked that the Independent Accountant’s Report, also a requirement of the Florida Auditor General’s Office, was in compliance with the investment statute.  He explained that since the CAFR document was over 200 pages, he would only present some of the financial highlights.  He then displayed information on what the government sector called the entity wide financial statements, which he explained was the government’s mirror to private accounting standards.  He reported that the County’s current ratio of current assets to current liabilities was a strong ratio and well in excess of the normal one to one and a half; additionally, he said that assets and deferred outflows exceeded liabilities and deferred inflows.  He indicated that the County had a negative unrestricted net position which generally represented what was potentially available for spending unrestricted funds.  He remarked that the main overriding factor on this was the recording of the County’s pension and other postemployment benefits (OPEB) liabilities, noting that since the County was a part of the Florida Retirement System (FRS) they did not have much control over managing that since it was done at the state level; however, he reiterated that current assets were in excess of current liabilities from a day-to-day perspective but not a long-term perspective.  He then reported information and displayed information on the General Fund, and stated that assets well exceeded liabilities.  He explained that the nonspendable category was for items such as prepaid insurance and inventory, that assigned items were funds assigned by management, and that the unassigned fund balance was an indicator of available resources, noting that the County increased from the previous year by about 4.2 percent, which he opined was good.  He recalled that over the years he had been performing the audit for the County, the County had struggled in this area; however, at September 30, 2019, the County was able to achieve its goal of seven to twelve percent, noting that these numbers were as of the end of the reporting period and the County would need to wait to see what impacts COVID-19 might have.  He continued to report on the General Fund and indicated that revenues were in excess of expenses which did increase the County’s fund balance.  He concluded with sharing information on proprietary funds, and remarked that in regards to the landfill activity as it related to the fiscal end of September 30, 2019, the County had a loss but ended up with a positive change in net position after the transfers in.  He reiterated that overall, the County had good financial results as it related to fiscal year ended September 30, 2019, that what he presented was a high level report, and that he would answer any questions the Board might have.

Commr. Parks asked for clarification that the CAFR was a long-term view of the health of the County while the budget decisions were year-by-year.

Mr. Blend replied that was correct, and added that the CAFR was historical information.  He commented that the County budget considered what the County would be doing over the next year, what resources were available, and what the County estimated the resources would be. 

Commr. Parks summarized that the CAFR was similar to a sum of prior budget decisions, conceptually speaking, and Mr. Blend opined that in essence, that was correct.  Commissioner Parks then relayed his support of the CAFR and opined that the Clerk’s staff did a wonderful job on it.  He asked for clarification that the unrestricted net position showed a deficit of approximately $152.6 million, noting that was listed on page 31 of the CAFR document.  He explained that the reason he was inquiring was that he had reviewed CAFRs from other counties which he implied did not show deficits.  He thought that Lake County looked financially and fiscally healthy in the sense that reserves increased this past year; however, his concern was that if the assets of the FRS decreased this coming year due to COVID-19, then that could potentially increase the County’s liability, noting that he understood items such as the FRS and OPEB were outside the County’s control.  He wondered if this was something that the County should be mindful of when discussing the budget and possibly should further increase the reserves in order to be able to have flexibility when addressing this liability. 

Mr. Blend responded that would be something to consider; additionally, he thought that the funding of the County’s portion of the FRS liability could increase as well as the liability, except if there was a major swing in the market.

Commr. Parks asked if the County should be concerned that was showing a deficit while other counties did not have a deficit.  He inquired what the County could do to possibly turn that around. 

Mr. Blend replied that was a tough question and pointed out that many of the counties he was aware of around the State of Florida would be in a negative position, similar to where Lake County was within their governmental column; furthermore, he explained that the $152.6 million was a combination between the County’s governmental and business-type activities.  He remarked that municipalities had different pension plans, and some might have healthier financial positions; therefore, he suggested to be cognizant that it was a similar entity and makeup of the population when comparing since those potentially affect the financial condition.  He relayed, however, that what the Commissioner was stating was accurate.  He indicated that when reviewing long-term liabilities, the County could consider the funding percentage of the FRS, noting that he was unsure of the current funding rate but felt it was generally in excess of 80 percent funded which did create a liability for the County.  He opined that as it related to that particular liability, it would be challenging to address in the budget.  He relayed that he tries to not over focus on this set of statements since often times that can be out of a county’s control, especially for counties in the State of Florida.  He added that there was not a mechanism which he was aware of in which counties could fund their portion of the liability; furthermore, when considering the unassigned fund balance in the General Fund, the organization that most entities referred to was the Government Finance Officers Association which recommends to have two months’ worth of operating revenues or expenditures in the General Fund which would be about 17 percent of the annual budgeted expenditures.  He reiterated that Lake County was around 8.8 percent which was within the County’s goal.  He clarified that entities needed to consider what their goals and expectations were, what their potential resources were, and what was happening in the environment.  He felt that revenues in the state would be significantly impacted based on what was currently happening due to the coronavirus.

Commr. Parks thanked Mr. Blend for his comments, especially those relating the percentage of reserves.  He indicated that he had reviewed Charlotte and Marion Counties, with Charlotte County not showing a deficit but Marion County showing a deficit that was less than Lake County.  He felt this was important to consider when the Board discussed the budget later in this meeting and further into the summer.  He opined that the County should have a higher reserve amount than even 16 percent, especially with what could potentially happen within this year. 

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to accept the County’s Comprehensive Annual Financial Report for the fiscal year ended September 30, 2019.

update from laser

Commr. Campione recognized that Mr. Michael Tart, Chairman for LASER, was on the meeting phone call, and she asked him for a quick update on what LASER was working on.

Mr. Tart thanked the BCC for allowing him to speak, and for their commitment to Lake County citizens and LASER.  He felt that the strong partnership between LASER, the County, the Lake County Sheriff’s Office, the Lake County Office of Emergency Management, and faith-based partners, was contributing to the success of what they were doing.  He recalled that about three to four months ago, LASER had started a faith-based community initiative, noting that partnership had opened many opportunities for the county and allowed LASER to be able to facilitate many needs which had been identified on a daily basis.  He shared that on this day, his organization was shipping 50 pallets of meals from the Feeding Florida network which equated to about five pantries, noting they would be shipping this many pallets each day during this week.  He expressed appreciation for the County’s support and diligence in helping LASER facilitate this. 

Commr. Parks thanked Mr. Tart for all that his organization was doing.  He suggested utilizing LASER as a way to assist the business community through their recovery efforts.  He wondered if the Board could craft a framework which would allow LASER to serve the business community with re-opening through the acquisition of PPE, resources, etc.

Mr. Tart relayed that his organization had been in conversation with Mr. Carpenter and Mr. Matulka and they were working on such a plan.  He reiterated that LASER would assist in any way necessary, and would be looking for guidance from the County regarding prioritization of items.

Commr. Campione indicated that staff had been working on this.

Commr. Parks expressed his support for this, and noted that if it required funding from the General Fund in order to assist businesses, he would be supportive of that as well as an addition to what LASER was also receiving in funding from other sources, such as CDBG or corporate donations.

Commr. Campione commented that she felt the Board was in agreement with this concept, and an additional mechanism, whether a combination of fund raising and County contributions, which would have a direct impact on businesses to help them succeed and get through this economic time by obtaining PPE, equipment and supplies.  She indicated that staff would work through the details and present back to the Board.

Commr. Parks hoped for it to be presented at the next Board meeting.

Commr. Campione mentioned that Mr. Tart would be assisting her the next day with a virtual meeting with the network of churches involved with LASER in order to discuss the process for opening in-person church services.  She reiterated that churches were considered to be essential activities and the County did not close churches; however, they did work with various leaders to help them make decisions that were consistent with the CDC guidelines in order to keep their congregation safe.  She indicated that they would be discussing best practices for how to work through the phases of re-opening in order to protect the people of Lake County.  She thanked Mr. Tart for facilitating the discussion. 

COUNTY MANAGER’S CONSENT AGENDA

Commr. Blake requested for Tab 6 to be pulled for a separate vote.

On a motion by Commr. Blake, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 24, pulling Tab 6 for a separate vote, as follows below.

On a motion by Commr. Sullivan, seconded by Commr. Breeden and carried by a vote of 4-1, the Board approved Consent Agenda Tab 6.

Commr. Blake voted no.

PROCLAMATIONS

Request approval of Proclamation 2020-72 designating June 2020 as Tobacco-Free Parks Month in Lake County.

Request approval of Proclamation 2020-73 designating May 17 - 23, 2020, as National Emergency Medical Services Week in Lake County, per Commissioner Sullivan.

COUNTY ATTORNEY

Request approval of Resolution 2020-74, Resolution 2020-75, Resolution 2020-76, and Resolution 2020-77 initiating Eminent Domain proceedings for acquisition of property needed for the County Road 466A Road Project, and approval to proceed with pre-suit negotiation offers. The fiscal impact (expenditure) cannot be determined at this time. Commission District 5.

Request approval of the Third Amendment to the Lease Agreement with Zellwin Farms Company for Commercial Lease Space for the Supervisor of Elections. There is no additional fiscal impact to Lake County. Commission District 3.

ADMINISTRATIVE SERVICES

Information Technology

Request approval:

1. Of Contract 20-0402 for on-call voice and data cabling services on an as-needed basis with the following pool of vendors: Nationwide Communication Services, LLC (Orlando, FL); Performance Telecom, Inc. (Sanford, FL); and Structured Cabling Solutions, Inc. (Orlando, FL).

2. For the Office of Procurement Services to execute all supporting documentation.

The annual fiscal impact is not to exceed $50,000.00 (expenditure).

Management and Budget

Request approval to advertise an ordinance repealing Article IV, Chapter 13, Lake County Code, entitled Business Taxes. The fiscal impact is an additional reduction in County revenue in fiscal year 2020 of an estimated at $220,000.00.

Procurement Services

Request approval to declare items as surplus and authorization to remove them from the County’s official fixed asset inventory system records. The fiscal impact (revenue) cannot be determined at this time.

HUMAN RESOURCES AND RISK MANAGEMENT

Request approval to accept an insurance claim payment as reimbursement for damages sustained to an ambulance in a motor vehicle accident that occurred on August 26, 2018, and authorization for the Chairman to execute the related documentation. The fiscal impact is $46,256.33 (revenue) to repair $52,325.01 in damage. The County is to fund the remaining $6,068.68 (expenditure) for the repairs.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Emergency Management

Request approval to authorize the use of the Emergency Requisition Request Form to be used between the Office of Public Safety Support and local municipalities for the allotment of Personal Protective Equipment (PPE). There is no fiscal impact.

Request ratification of a Shelter Agreement with Hotel Development and Management Group relating to COVID-19 executed by the Chairman of the Board of County Commissioners on April 9, 2020, under the authority of Resolution 2020-29, and authorization for the Chairman to sign future amendments to adjust the contract to reflect other funding sources that may become available. The fiscal impact (expenditure) cannot be determined at this time but will be based on need and would be eligible for reimbursement.

Request approval:

1. Of a Memorandum of Agreement (MOA) for Lake County's continued participation in the Orlando Urban Areas Security Initiative (UASI).

2. For the Chairman to execute the MOA.

3. To designate the Office of Emergency Management Director as the primary representative for Lake County to the UASI Working Group.

4. For the County Manager to execute any future no-cost amendments or modifications to the MOA.

There is no fiscal impact.

Request:

1. Ratification of the COVID-19 Testing Reimbursement Agreement with Adult Medicine of Lake County executed by the Chairman of the Board of County Commissioners on April 20, 2020, under the authority of Resolution 2020-29.

2. Authorization for the Chairman to amend the Agreement as warranted for later Board ratification.

3. Approval of a budget transfer from Reserves in the amount of $168,000.00.

The estimated fiscal impact of this Agreement is $168,000.00 (expenditure - 75 percent eligible for FEMA reimbursement).

Emergency Medical Services

Request approval to accept the donation of a Handtevy System (a pediatric resuscitation system) donated from Orlando Health Systems through South Lake Hospital. There is no fiscal impact.

Fire Rescue

Request approval to apply for the 2019 Federal Emergency Management Agency's Staffing for Adequate Fire and Emergency Response (SAFER) grant. The total estimated fiscal impact over three years is $1,765,335.00 (revenue/expenditure - $1.09 million in grant funding and $676,711.00 in County funding).

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval of Contract 20-0443 with Petrotech Southeast, Inc. (Astatula, FL) for fuel storage tank inspections. The estimated fiscal impact is $28,870.00 (expenditure).

Public Works

Request approval of Contracts 20-0509 with Atlantic Pipe Services, LLC. (Sanford, FL), EnviroWaste Services Group, Inc. (Palmetto Bay, FL), Flotech Environmental, LLC (Miami, FL), and Pipe Vision and Vac, LLC (Winter Park, FL) to conduct video inspections and the cleaning of the County's storm drain systems. The estimated annual fiscal impact is $50,000.00 (expenditure).

Request approval of Resolution 2020-78 to be provided to the United States Department of Transportation supporting a Better Utilizing Investments to Leverage Development (BUILD) grant application for the Wekiva Trail Extension Segment 1 and Segment 5, planned from downtown Tavares through Mount Dora to Sorrento. There is no fiscal impact. Commission Districts 3 and 4.

Request approval of Contract 20-0913 with Kisinger Campo & Associates, Corp. (Tampa, FL) for engineering and design services on County Road 437 in the Sorrento area. The fiscal impact is $849,745.02 (expenditure). Commission District 4.

Request approval of the First Amendment to Contract 16-0029 for the Astatula Fuel Remediation System Operations and Maintenance with APTIM Environmental & Infrastructure, LLC (Baton Rouge, LA). The estimated fiscal impact is $138,107.62 (expenditure). Commission District 3.

Request approval to:

1. Release a performance bond of $898,543.50 posted for completion of infrastructure improvements for the Serenoa Village 2 Phase 1B2 final plat, located near Clermont.

2. Execute a Developer's Agreement for Construction of Sidewalk Improvements with VK Avalon Groves LLC (West Palm Beach, FL).

3. Accept a performance bond of $81,526.50 for performance of sidewalk construction.

There is no fiscal impact. Commission District 1.

Transit Services

Request approval to write off uncollected past debt owed to the County by Medical Transportation Management, Inc. for non-emergency paratransit services provided to its clients in fiscal years 2014, 2015 and 2016. The fiscal impact is $27,839.36 (expenditure).

public hearing: mid-year budget adjustment

Mr. Brian Jaruszewski, Director for the Office of Management and Budget, relayed that this was the second mid-year budget amendment for FY 2020; additionally, he indicated that there were three attachments to this agenda item and included the following: a draft of Resolution 2020-79, Schedule 1 which was the summary of the mid-year adjustment categorized by fund, and Schedule II which was the detailed schedule of the mid-year adjustment also separated and summarized by fund.  He explained that this was a public hearing and that he would be presenting the budget amendment overview, the summary of changes, and the requested action from the Board.  He elaborated that the purpose of the mid-year adjustment was to make adjustments to fund balances and to incorporate any unanticipated changes to revenues or expenditures that might be experienced throughout the year.  He recalled that after the January 2020 mid-year budget amendment, there was a revised budget of $521.61 million; furthermore, changes for this current amendment were $2.99 million, which would then result in a supplemental budget of $524.60 million after Board adoption.  He mentioned that for the summary of changes, there was one item of $2,029,360 which was the recognition of revenues received from FEMA related to Hurricane Irma.  He commented that the intention was for these funds to go into reserves in order to help offset any reductions in revenue that the County might experience due to state sales tax decreases due to COVID-19.  He remarked that for expenditures within the General Fund, there were the two items of $57,282 related to the additional positions needed for the new animal shelter, and $175,000 in capital expenditures related to the communications tower in the City of Apopka.  He also reported for the Constitutional Offices the increase of roughly $133,189 for the judicial center and increased utility costs of $96,062.  He shared that the summary of changes for the other funds included an increase of approximately $581,765 to the transit fund balance due to FY 2019 adjusted revenues, an increase of about $250,054 to the renewal sales tax fund due to expenditures related to the animal shelter capital project, an increase of $130,059 to the fund balance for the employee group benefits fund, and various other minor adjustments based on the balances at the end of FY 2019.  He summarized that after this adjustment, the General Fund would see an increase of approximately $1.8 million in reserves, primarily due to the increases in revenue, which would yield a total ending reserve balance of about $15.6 million at the end of the year FY 2020, which was about 10 percent of annual operating expenses.  He stated that of this amount, operational reserves would be at about $14.1 million, and board priorities reserves would be around $1.5 million. 

The Chairman opened the public hearing.

Mr. Serdar complimented the local food banks.

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

Commr. Campione noted that the requested action was for approval of the amended budget for FY 2020 to include a reconciliation of the beginning fund balance and other adjustments, and approval of Resolution 2020-79 adopting the supplemental budget of $524,600,331 for FY 2020.  She then asked if there was an explanation for the utility bill increase for the Constitutional Offices.

Mr. Jaruszewski responded that the County did budget for increases in utility rates year-over-year; however, the rates increased slightly higher for FY 2020 than what was anticipated or budgeted.

On a motion by Commr. Sullivan, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the amended budget for FY 2020 to include a reconciliation of beginning fund balance and other adjustments, and approval of Resolution 2020-79 adopting a supplemental budget of $524,600,331 for FY 2020.

public hearing: certificate of public convenience & necessity

Mr. Jerry Smith, Director for the Office of Emergency Medical Services (EMS), relayed that his office was requesting approval of the Certificate of Public Convenience and Necessity for the Office of EMS through May 31, 2022.  He indicated that this public hearing had been properly advertised and that official notices had been sent to the clerk offices of all towns and cities within Lake County.  He explained that this was a simple administrative process, and that this Certificate of Public Convenience and Necessity was required by the Florida Department of Health in order for the Office of EMS to renew their ALS license which would expire in the middle of June 2020, noting that this was a two year process.   

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. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Certificate of Public Convenience and Necessity for the Office of Emergency Medical Services through May 31, 2022.

regular agenda

clonts grove boundary analysis

Mr. Tim McClendon, Director for the Office of Planning and Zoning, presented the Clonts Grove Wellness Way preliminary boundary analysis.  He recalled that Wellness Way was a 15,000 acre master planned area located in southeast Lake County, along south State Road (SR) 50 and east SR 27.  He relayed that in order for development to take place in Wellness Way, there were three phases or steps which included the following: a boundary analysis in which the initial development program is compared against the Comprehensive Plan (Comp Plan) policies; a more detailed preliminary master planned unit development (PUD) which would include a layout of the actual PUD to identify open space, wetlands, etc., noting that a charrette process for public input happens at this phase; and a final master PUD.  He commented that master PUDs are required to contain at least 1,000 gross acres unless the BCC waives that requirement which was why the Clonts Grove boundary analysis was before the Board at this time.  He explained that the Wellness Way policies allowed master PUDs under 1,000 acres with Board approval during the boundary analysis phase based on the three criteria of proximity to existing public infrastructure with adequate capacity to serve development, compatibility with surrounding existing and future land use (FLU), and consistency with the financial capability of local government and/or private entities to fund needed infrastructure concurrent with development.  He added that a boundary analysis must include a location map, total acreage of gross and net, all land use designations, location of primary roadways, and a justification report showing that an applicant meets the Wellness Way policies and criteria.  He stated that Clonts Grove was located on the east side of SR 27, just north of Trout Lake.  He then conveyed some of the history behind this piece of property.  He said that the Clonts Grove proper was unique in that the original parcel for Clonts Grove included over 750 acres, with approximately 500 of those acres being annexed by the City of Clermont and included the Olympus project.  He mentioned that the Hanover single family subdivision project was approved by the BCC over a year ago, and was also within the Clonts Grove proper, although it would not be annexed by the City of Clermont.  He indicated that the remaining acreage of Clonts Grove within the unincorporated Lake County was outlined in blue on the displayed map, and was within the Wellness Way Town Center FLU designation and would be serviced by Southlake Utilities and not by the City of Clermont.  He indicated that the proposed Clonts Grove development program for the remaining acreage that was still within unincorporated Lake County included up to 703 dwellings, over half a million square feet of non-residential development, and was generally consistent with the Wellness Way policies for intensity and density calculations, noting that true numbers would not be known until the finalized net acreage was determined.  He reiterated that this proposed development was under the 1,000 acre minimum threshold and required Board approval to move forward, that the majority of the Clonts Grove property had already been annexed and entitled through the City of Clermont, that the annexed property was consistent with the Wellness Way densities and intensities, that the applicant did provide a justification report which was provided to the Board within the backup materials for this meeting, and that staff believed that this justification report did satisfy the three Wellness Way criteria which would allow the BCC to let this development continue through the Wellness Way processes.  He stated that the requested action was to allow the Clonts Grove boundary analysis to proceed as a master PUD within the Wellness Way Area Plan, noting that the applicant was available to answer any questions. 

Commr. Campione asked for clarification that what the Board should be considering in regards to whether a master PUD under 1,000 acres should be approved was the three criteria of proximity to existing public infrastructure with adequate capacity to serve development, compatibility with surrounding existing and future land use, and consistency with the financial capability of local government and/or private entities to fund needed infrastructure concurrent with development, and Mr. McClendon confirmed that was correct.  She then inquired if this criteria was for granting a waiver at this time or for when it would come back to the Board as a PUD.

Mr. McClendon explained that it would go through the three phase process of the boundary analysis, the public charrette part, and then the final PUD before the BCC.

Commr. Campione felt that before it went to the public charrette, it might be helpful for the Board to voice their considerations that they thought should be included, and Mr. McClendon agreed. 

Commr. Parks mentioned that this waiver request was important for the Wellness Way plan, and opined that this property was deserving of this waiver since Mr. Clonts had been very supportive of Wellness Way from the beginning.  He believed that the public was watching what was happening with Wellness Way, as well as the 29 landowners who were wanting to ensure there was equity among the landowners throughout this whole process.  He felt that regarding the third criteria to be consistent with the financial capability of local government and/or private entities to fund needed infrastructure concurrent with development, that there were a few more items that he believed needed to be confirmed in order to obtain clarity around this item prior to moving forward with the waiver.  He proposed for this item to be tabled until the May 19, 2020 BCC meeting.  He explained that the County was working with their consultant, Dr. Richard Levey, who he opined was doing a great job of keeping all the landowners together, making sure the public was engaged, and making sure the vision of the Commission was updated and following through with this; furthermore, he thought that Dr. Levey had questions regarding making sure there was follow up to Resolution 2019-61 approved by the BCC in May 2019 which resolved to support the transportation network through Wellness Way.  He relayed that there was voluntary action taken by the landowners in order to make sure a proportionate share would be done, and that roads and infrastructure could be funded prior to development or as development was occurring rather than after completed, noting that this helped to ensure that the County and the City of Clermont would not be funding the roads or infrastructure.  He reiterated that there was clarity that needed to be worked through between the applicant, staff and the consultant; furthermore, he believed it could be accomplished by the May 19, 2020 BCC meeting.  He opined that it was important that this be taken care of in order to make it clear in case the land was sold to another developer so as not to create issues when the land reached the PUD level.

Commr. Campione stated that since the County was working on design, architectural and site plan type criteria, would that new criteria apply if this property continued to move through the process.  She wanted to make sure that whatever might be put into place would apply to this property since it seemed to be moving ahead prior to actually getting the criteria in place.  She desired for everyone to understand the design criteria as it went through the charrette process.

Mr. McClendon responded that by the time the actual PUD came for the final Board approval, which would be the third phase of the development processes within Wellness Way, then he believed that the design guidelines would already be in place and be ready to incorporate in that final development.  He added that the design guidelines should be ready and available within the next few months, noting that the whole process would take longer than the typical Comp Plan amendment. 

Commr. Parks suggested that it be noted on the record that the applicant understood that they had to follow the design guidelines, and to possibly add that to the May 19, 2020 report.

Commr. Campione opined that since it had taken so many years to get to this point of receiving applications, the County needed to get it accomplished correctly and not miss anything regarding design guidelines.

Ms. Cecelia Bonifay, the attorney representing the applicant, shared that Mr. Clonts was one of the first property owners to help fund the Wellness Way application process, noting that she had assisted with this starting five to six years prior.  She opined that his involvement aided the success of Wellness Way, with the job creation and wellness component being important aspects of the project.  She thought that these three criteria would be what was considered when the PUD was drafted; additionally, this was simply the first step towards filing a PUD.  She recapped what had been mentioned earlier by Mr. McClendon regarding the history of the Clonts property, with only about 250 gross acres remaining, noting that once open space deductions were taken into account, the net acreage would be less.  She emphasized that her client simply wanted to know that they could move forward and file a PUD, and that this process only gave them the right to do so.  She said that two of the pieces that were part of the master plan for the PUD were under contract and it was written within the contract that they had to comply with all the Wellness Way factors; additionally, the applicant had agreed to the resolution regarding infrastructure being funded prior to development.  She expressed concerns that her client already had to give extensions to their two potential buyers because the waiver issue had been delayed for several months, and she felt that postponing to May 19, 2020 might jeopardize the contracts.  She opined that the items that the Board desired to have certainty on did not apply to the waiver but were items that would be worked through as they went through the PUD process.  She did not believe there was anything else to be accomplished that justified delaying to the next meeting as her client had already agreed to follow whatever rules might be in place.  She opined that a PUD could not be conditioned on infrastructure concurrency; however, they would be willing to do their fair share.  She noted that they had attended every Wellness Way meeting, that they had stayed in touch with Dr. Levey, and that Mr. Clonts had always understood that since they met the criteria, the waiver would be forthcoming, subject to BCC approval.  She reiterated that without the waiver, her client could not even file the PUD, and she requested for the Board to grant the waiver at this meeting so discussions and plans could continue. 

Commr. Campione expressed concerns that even though Ms. Bonifay had indicated her client would abide by the rules in place at the time when they moved forward to the PUD, that this was leaving an opening such that if the design guidelines were not in place at that point, then the client might not have to follow them.

Ms. Bonifay remarked that these guidelines had been discussed for over a year, that they had been working with Dr. Levey, and that Mr. McClendon had indicated the design guidelines would be in place over the next couple of months.  She reiterated that she still had to draft a PUD application that met all the County’s criteria, and that her concerns were that it was unclear what she was actually agreeing to.  She stated that she would agree to abide by whatever was in place and would do whatever was required; however, she did not understand how design guidelines could be enforced if none were drafted and adopted.  She relayed that Mr. Clonts was concerned about agreeing to something that was still unclear as to exactly what it was.  She stated that if that was the rule when they moved forward, then they would have to agree to and abide by whatever the County code said.  

Commr. Campione clarified that was in regards to the design criteria.  She then asked that in regards to the road network, if Ms. Bonifay was indicating that her client was in agreement that they would follow the approach that everyone had been working on and discussing and that the other two projects being developed on the Clonts property had to follow. 

Ms. Bonifay confirmed that they agreed with Resolution 2019-61 which was approved by the BCC in May 2019 in coordination with the City of Clermont, with Dr. Levey acting as the consultant, in order to ensure that a road network was established and addressed who would be funding it.  She believed that each of the property owners had submitted documentation to Dr. Levey and the City of Clermont as to which roads would be necessary for the development of the Clonts parcel; additionally, she said that they had also calculated what the costs of prepayment of impact fees would be based on current impact fee rates.  She asked if this was happening with the other approved projects and if everyone was following the same resolution.  She also relayed that Cemex was supposed to purchase right-of-way from Mr. Clonts which was part of the settlement agreement and that they were currently waiting on Cemex.

Commr. Campione summarized that it sounded like there was a commitment from everyone, and that they understood and had the same expectations of what was expected in regards to road contributions, whether it might be paying upfront impact fees or constructing and receiving credit.  She said as for the design criteria, the County was attempting to get that criteria in place, that it was a work in progress, and the hope was that it would be completed by June or July 2020 so that it would be in place by the time the applicant went through the charrette and PUD process. 

Commr. Parks reiterated that he felt that there were still issues that were not clear as it related to item three of the criteria.  He wondered if a memorandum of understanding would clarify concerns and if it could take place by May 19, 2020.  He relayed his understanding that the other projects had done the proportionate share analysis and were contributing upfront by phase.  He requested that if Mr. Clonts or whoever might purchase his property was agreeing to do this, then it should be memorialized in order to address item three; additionally, he thought that agreement to the future Wellness Way design criteria could also be memorialized. 

Ms. Bonifay remarked that those would have to be paid for by the developer, and she felt they could not begin their due diligence as it was based on approval of the waiver, noting that her client was not willing to incur more costs until they knew they could file the PUD with Lake County. 

Commr. Campione thought that getting the waiver would not be an issue as the County was desiring to accommodate this; rather, that they wanted to make sure everyone understood the rules ahead of time so there would not be misunderstandings as to what the development should look like.  She thought that Commissioner Parks was desiring to find a way between now and May 19, 2020 to make sure that was in place and then allow the applicant to move forward in the process. 

Ms. Bonifay said she would take these thoughts back to Mr. Clonts in order to determine how that would be addressed and if it was consistent with what was being required for the other developments.  She reiterated that they simply wanted to be treated the same as others, and that they would work with the County between this time and May 19, 2020.

Commr. Parks thought there was a willingness to do what was needed and felt that a memorandum could address this, noting that they would work with Dr. Levey.  He opined this would give Ms. Bonifay’s client the certainty needed to begin the PUD process. 

Commr. Breeden said she appreciated the questions and conversation; however, she did not have an issue with moving this item forward at this meeting.  She did not believe that what was being suggested could be accomplished within two weeks and she did not want to see a project delayed.  She thought that when reviewing the other parts of the Clonts Grove property and what had already been done, that it would be beneficial to the Wellness Way area and that this request seemed to be consistent as well.

Commr. Parks related that he spent almost 50 percent of his time on Wellness Way and attended all the meetings on it.  He felt that since he was involved on a daily basis, he possibly viewed it differently; furthermore, he thought there were some concerns with this and believed it could be rectified by May 19, 2020.  He reiterated the importance of making sure everything was done correctly with this project. 

Commr. Blake expressed agreement with Commissioner Breeden and said he did not think this was the time to create any additional delays for an economic development project, especially considering the current world environment.  He did not think there was a reason to delay it.

Commr. Sullivan stated that while he had some concerns regarding item three and being consistent with the financial capability, he also believed the project needed to move forward and did not think that two weeks would be enough time to address the concerns; additionally, since the applicant still had to go through the PUD process, that would be the time to make sure they were meeting the required criteria for any development.  He felt it was important to move it forward and fast track it into the PUD.  He commented that if the proper language to ensure that item three was covered was not within Wellness Way, then the County should tell the consultant to get that accomplished promptly.

Commr. Parks relayed that it was in place and that the proportionate share agreements had been done with the other properties; however, it was not memorialized here. 

Commr. Campione agreed that the proportionate share was the issue as Ms. Bonifay made it clear that she did not think PUDs could be conditioned on infrastructure requirements, and yet they were requesting a waiver to an acreage requirement.  She felt this was the time to have the proportionate share agreement in place.  She reiterated that Ms. Bonifay had stated that her client understood, that he had been part of the process, and that he wanted to do what everyone else had done or said they would participate in; however, it had technically not been memorialized.  She indicated that this could cause issues when someone sold the property to another developer who might not think they had to adhere to agreements that they might not be aware of.  She thought that taking the next couple of weeks to memorialize it so that it was tied to the waiver itself was important.  She believed the County could then work quickly to get the design criteria in place, and if it was not, they could use the PUD process to have the design criteria addressed.  She felt this covered both situations, would only take two weeks to accomplish, and addressed the important topic of infrastructure.  She said that she understood some of the Commissioners’ desires to move ahead, but thought this might affect the ability to provide infrastructure if an agreement was not in place.  She relayed that she was not questioning the good faith of Mr. Clonts; rather, expressing concerns for when property might be sold and a new developer might not know what was required.

Commr. Parks reiterated that he spent a lot of time on Wellness Way and compared it to big projects that the other Commissioners might have within their districts.  He asked for them to consider from his point of view and his desire to attempt to avoid future issues.  He did not believe this would hold up development within Wellness Way as he was confident it could be accomplished within the next two weeks by a simple memorandum.

Commr. Sullivan stated that he would agree with Commissioner Parks that this be continued for two weeks with the idea that it could be approved as it currently stands in two weeks if the paperwork was not completed.  He relayed his understanding of Mr. Clonts not desiring to agree to anything not in writing.  He remarked that most of the road networks being constructed were being done with impact fees; therefore, he thought that the longer the Board delayed that process, the less likely the infrastructure would be in place as far as road networks.  He indicated that if Commissioner Parks made a motion for this delay, then he would support the motion with the deadline of May 19, 2020.

Commr. Breeden said that while she preferred to move forward, she would support the delay with the caveat that on May 19, 2020, this would move forward with or without an agreement.  She emphasized the importance to get the design criteria completed as well.  She opined that all of the Commissioners had been in situations where the Board voted on projects in their districts which might have gone against what they may have desired for their districts.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried by a vote of 4-1, the Board approved to table this item until the May 19, 2020 BCC meeting with the understanding that if the paperwork was not in place at that time, then the Board would consider what was currently in front of the Board as written at this meeting.  

Commr. Blake voted no.

recess and reassembly

The Chairman called a recess at 12:00 p.m. for thirty minutes.

other business

mt. plymouth-sorrento cra advisory committee

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to appoint Mr. Francis Force to the Mt. Plymouth-Sorrento Community Redevelopment Advisory Committee to fill the vacancy for a property owner within the planning area.

fiscal year 2021 budget development workshop

Mr. Cole recalled that at the April 21, 2020 Board workshop on FY 2021 budget strategies and development, the Board directed staff to explore a number of fiscal considerations.  He said this presentation would focus on those considerations and provide an update on staff’s evaluation of each item; additionally, staff was seeking any additional direction that the Board might provide to aid staff’s development in the preparation of the FY 2021 budget.  He indicated that staff would provide updates at each of the BCC meetings until a preliminary millage rate would be set on July 21, 2020.  He shared that the presentation would include the current outlook for the General Fund, COVID-19 and FY 2021 budget considerations as discussed on April 21, 2020, and an update on the FY 2021 budget development timeline. 

Mr. Jaruszewski displayed the General Fund outlook slide as presented at the April 21, 2020 budget strategies workshop which was a high level overview of the projections for the four major funding sources for the General Fund for FY 2021.  He reported that a five percent increase in ad valorem revenue was projected which would translate to an approximately $5.7 million increase.  He recalled that staff projected decreases in communications service tax revenue of 18 percent or about $323,000.  He said that state shared revenue was projected at a three percent increase at this point, noting that there was uncertainty due to COVID-19 and amounts could change.  He also stated that state sales tax revenue was projected to increase approximately 0.5 percent.  He reiterated that these were the same amounts presented at the April 21, 2020 budget strategies workshop, that the FY 2021 budget was being prepared based on a status quo millage, that the budget would have to cover any mandated increases of costs outside of the County’s control such as utility costs, and that it would have to bear any increases from the Constitutional Officers as well.  He then discussed some considerations relating to COVID-19 which were presented at the April 21, 2020 workshop and included the gas tax revenue, state sales tax revenue, and infrastructure sales tax revenue.  He related that for the gas tax revenue, they were estimating that there might be a 20 percent decrease in the FY 2020 gas tax revenues and that the plan was to make operational reductions which would help reduce the impact, such as non-essential expenditures like tree trimming, road and shoulder maintenance, delaying certain purchases, and striping of county roads.  He said that for the state sales tax revenue, which he reiterated was a component of the General Fund, there would be impacts from the pandemic but that staff continued to update their projections as new data was received.  He noted that for the infrastructure sales tax revenue, or the penny sales tax, staff was evaluating the approved project list for any projects that might be delayed or were not already initiated, noting that the Board would have the opportunity to review the project list.  He commented that the full financial impact of COVID-19 was not yet known, that FEMA funding should cover 75 percent of the costs of any direct COVID-19 related costs, and that staff continued to identify and implement operational efficiencies across all departments.

Mr. Cole displayed a list of items discussed at the April 21, 2020 meeting, noting that the first item was an outstanding request from the Lake County Property Appraiser for an appraisal system implementation while the remaining eight were items which the Board requested for staff to evaluate and included the following: a potential discontinuation of the business tax receipts; additional funding for LASER; Department of Health funding compared to surrounding counties; a temporary suspension of impact fees; potential reduction or suspension of fees for services; a non-homestead property analysis and potential tax rebate; a potential rollback millage rate; and federal and state grant funding opportunities.  He explained that the Property Appraiser’s Office (PAO) had first notified the County in FY 2018 regarding their appraisal system, and that the BCC had approved setting aside $947,488 in January 2020, and was planning to include the remaining $552,512 in the FY 2021 budget.  He relayed that the Board requested on April 21, 2020 that the business tax receipts be eliminated; additionally, they approved on this meeting’s consent agenda for the advertising of a public hearing on May 19, 2020 for the elimination of this tax.  He stated that the Board also requested that the contract with LASER be amended to add a gray sky element, and noted that this contract would appear on the Board’s May 19, 2020 meeting agenda and would include the additional $49,000 in the FY 2021 budget.  He then displayed a chart comparing health department funding for surrounding counties as requested by the Board.  He indicated that Lake County ranked in the lower end of per capita as compared to surrounding counties, and related that the Chairman had authorized the previous day an additional $29,500 in funding to the DOH in Lake County in order to address COVID-19.  He reported that funding came from a savings in budget funds due to a discontinued DOH program earlier in the year which allowed the County to be able to cancel a related lease.  He mentioned that another item the Board desired was evaluating the potential temporary suspension of school or transportation impact fees.  He reported that in FY 2019, the school impact fee raised $25 million, noting that staff had not yet had discussions with the Lake County School Board regarding the potential implications of suspending that fee as they were waiting on the BCC direction.  He indicated that in FY 2019, $5 million was raised in transportation impact fees for road construction projects, and that staff could provide additional details on the implications to specific road projects if the Board desired to explore that further.  He then displayed a slide which evaluated the suspension of fees for services, noting that court/probation fees as well as sheriff’s fees were not included.  He explained the eight services which were evaluated as follows: the building services was an enterprise fund and in FY 2019, approximately $4.3 million in fees was collected which were used to sustain that operation and to ensure that no ad valorem funding was needed for that operation; animal shelter fees and fairground fees were suspended in March 2020 and remained suspended, which would reduce fees for this year from the amount listed; planning and zoning fees collected support that operation along with supplemental funds from the General Fund; public works fees are used to support those operations along with other revenue streams such as gas tax, with expected reductions in those fees as well; fees were suspended for transit in March 2020 and would continue to be suspended and therefore would reduce revenues this year; late fees for libraries were suspended; and fees collected for parks and trails would be reduced this year due to the reduction in use of the facilities.  He remarked that for the non-homestead property tax rebate, there were the six non-homestead categories of residential, commercial, agricultural, institutional, government, and other.  He shared that those six categories included more than 150 codes and that the list of codes and categories were included in the Board’s packet.  He said that to be consistent with what staff believed to be the focus of the Board’s direction, they extracted only the commercial land use category which included 62 land use codes.  He stated that staff would recommend to further narrow the focus to possibly consider locally owned businesses, business size, or businesses negatively impacted by COVID-19 in order to steer rebates to more localized businesses as opposed to large corporations.

  Mr. Jaruszewski commented that the biggest consideration when formulating the FY 2021 budget was the millage rate.  He reminded the Board that property valuation was not yet known and that on June 1, 2020, preliminary values would be available, with certified values coming on July 1, 2020; furthermore, Constitutional Officers budgets were due June 1, 2020.  He indicated that staff would provide an update on revenue projections from a status quo or rollback millage rate at the June 16, 2020 BCC meeting.  He noted that while previous slides presented at this meeting represented areas where there might be reductions to revenues, this data showcased areas where there were increases to revenues, such as federal and state grant funding.  He explained that the Office of Management and Budget was continually researching and working with the operational departments to identify any grant opportunities; furthermore, some of those included CDBG funding in the amount of $787,166 as previously presented, SHIP funding of $142,174 along with $350,000 of prior year funds eligible for rental assistance, a Federal Transit Administration (FTA) award of approximately $8 million in CARES Act funding, and possible FEMA reimbursement for COVID-19 which did not have a minimum threshold and was at a rate of 75 percent.  He also shared that on the consent agenda for this meeting was an application for another Staffing for Adequate Fire and Emergency Response (SAFER) grant which would fund additional firefighter positions, and that a Community Risk Assessment grant application would be on the May 19, 2020 for approval to submit that grant application.

Mr. Cole then displayed the list of other projects and initiatives which were explained in detail at the April 21, 2020 meeting as well as the list of items just explained in order to have Board discussion and gain direction on these items.

Commr. Parks inquired what the FTA $8 million funding from the CARES Act would fund.

   Mr. Jaruszewski responded that this was under the CARES Act and covered a wide range of eligible expenses such as operations, additional required measures such as cleaning, barrier measures to separate the bus drivers from the riders, and funding for lost wages.

Commr. Parks then asked if the SHIP funding for $142,174 was in addition to the state funding, which he said had been around $4 million in previous years, and Mr. Jaruszewski replied that was incremental revenue and was separate from the state funding.

Commr. Sullivan commented that there was an article in the Orlando Sentinel newspaper that morning implying that sales tax revenues in March 2020 were down 25 percent.  He asked if there was a way to project how that might affect the local level in state revenue sharing, noting that he preferred to be conservative on projections if the County was going to receive less than last year as he thought that was the prudent way to cover that.

Mr. Cole agreed, and said that the qualifier he would place on all the funding numbers related to revenues mentioned in the presentation was that staff knew what was collected in FY 2019, which was why they presented those numbers; however, staff recognized that some of the revenue sources, such as the gas tax, and state and local sales tax, would expect to see significant reductions.  He said that for the infrastructure sales tax locally, since it was not a part of the General Fund budget that the Board would set the millage rate for in July 2020, staff would come back to the Board at the two meetings in August 2020 to discuss, noting that the first meeting would be to review the priority project list and make adjustments with the public hearing being at the second meeting.  He relayed that it was staff’s plan to review all projects funded with infrastructure sales tax, follow the revenue stream, and then be able to project.  He shared that revenues reported from the State were typically a few months behind; therefore, staff would have a better understanding in August 2020 after seeing what the tax was like during the summer months and then be able to make recommendations on the project list. 

Commr. Breeden then made a comment in regards to the suspension of fees for the remainder of this fiscal year that she thought might assist small businesses.  She suggested that when the fairgrounds reopened for the farmer’s market, to possibly adjust or suspend the fees for the vendors, noting that she realized this might result in possibly having to supplement the fairgrounds budget from the General Fund.

Mr. Cole replied that staff could consider that, and agreed that it would need to be supplemented with General Fund funding.  He explained that the fairgrounds typically operated revenue neutral and was self-sustaining so it generally did not utilize General Fund dollars; however, since the farmer’s market was not currently taking place, there would be revenue reductions and the fairgrounds would most likely have to be supplemented from the General Fund.

Commr. Parks inquired about the targeted property tax rebate, and shared something that he was doing.  He mentioned that he had been reaching out to people in the business community, especially those with experience in commercial leasing and activities, to discover where this rebate could be targeted in order to be most effective.  He asked that if the Board had interest in a complete rollback millage rate, then to have staff conduct a thorough analysis which would show a comparison of revenues over five years at a rollback and then compare to the same period of time at the status quo millage.  He realized this would entail best guess estimates based on property values but hoped staff could formulate some assumptions regarding this.

Mr. Cole responded that staff could most likely provide those two comparisons for the second June 2020 BCC meeting which would allow time to receive the best estimates of property values as well as the Constitutional Offices budgets which were due by June 1, 2020, except for the Tax Collector’s.  He commented that presenting this analysis at the second June 2020 meeting would give the Board opportunity to provide direction to staff, noting that the preliminary millage would not be set until the second July 2020 BCC meeting.  He then displayed a slide depicting the FY 2021 budget timeline, and mentioned that as staff moved forward and provided updates on the budget development to the Board, they would continue to place the items presented before the Board for their consideration or any further direction, noting that discussions around more exact numbers would take place in June 2020.

Commr. Campione agreed that until real numbers were realized, it would be difficult to do any projections or best guestimates.  She expressed support for the comparison chart mentioned by Commissioner Parks in order to get a look at trends as she thought that would be helpful information.

Commr. Parks added that the intent of this analysis would be to show what the County could potentially be losing in revenues based on what the County had committed to; furthermore, he thought it might be more effective to be able to incorporate rebates specifically to people who really needed them in the business community.  He opined that having that analysis available in June 2020 would be great. 

reports

county manager

governor’s press conference

Mr. Cole announced that he did not have any reports but could allow Mr. Levar Cooper, Director for the Office of Communications, to provide a brief update from the Florida Governor’s press conference which happened during this BCC meeting.

Mr. Cooper shared that some of the highlights from the press conference were as follows: the State of Florida reported the prior day the most number of COVID-19 tests since testing had begun, which was 230,884 tests, only 589 new cases for that day, and a 2.61 percent positive results which was the lowest percentage of positive results since any major testing had begun; testing would increase as the state moved into phase one of re-opening, which would include a 45 minute rapid testing lab for possible use at long-term care facilities; antibody testing would also be available at drive-through testing sites; walkup testing sites would also be pioneered; and partnerships with Walgreens and Walmart would begin to expand testing.

Commr. Campione asked if any questions from the press gave indication as to when the Governor might revisit his rules with regard to personal care providers.

Mr. Cooper said that he had not been able to listen to that section of the press conference yet due to the BCC meeting, but that he would follow up on that.

Commr. Campione thanked Mr. Cooper for his efforts in keeping everyone informed, and Mr. Cole echoed that appreciation.

commissioners reports

commissioner sullivan – district 1

Tourist Development council funding

Commr. Sullivan suggested that as the Board moved forward with the budget process, and since he was Chairman of the Tourist Development Council (TDC), that TDC funding might be another area of revenue to assist local businesses.  He said that traditionally TDC funding was used for marketing; however, he felt that it could be a revenue source that the Board could consider since there might be possible waivers and other appropriate measures which could be done through the use of that funding, noting that the taxes would most likely be reduced from what they normally would be.

RECOGNITION OF COUNTY STAFF

Commr. Sullivan thanked County staff for all that they were doing.

commissioner parks – district 2

RECOGNITION OF COUNTY STAFF and community

Commr. Parks expressed appreciation to the entire County team for their hard work, and recognized Ms. Jennifer Barker, Executive Director for Administrative Services, Mr. Carpenter, and LASER for their help with adding a component to the testing program which assisted individuals who might not be able to pay the $20; additionally, he shared his appreciation for Mr. Matulka’s assistance over the previous two weeks in helping businesses. 

affordable housing

Commr. Parks recalled his comments from the previous BCC meeting in regards to affordable housing, noting that he had sent the Commissioners a copy of the Seminole County Attainable Housing Strategic Plan.  He explained that this was an example of something he thought Lake County could follow.  He added that he had also spoken with Lake 100 regarding the work they were doing, and indicated that they were supportive of moving forward with a strategic plan to be done quickly, to be cost effective, and to help identify the opportunities needed across the county.  He asked for the Board to review the Seminole County plan, and for staff to begin drafting a plan for Lake County.

Commr. Campione suggested that the Board study the Seminole County plan and report back on whether Lake County could incorporate any of their ideas.

Commr. Parks thought that it could possibly be done in-house, and noted that there were meetings that had already taken place from which data from stakeholders could be incorporated into the plan. 

Mr. Cole recalled that based on Board direction at their last meeting, staff was intending to coordinate two workshops this summer with one focusing on affordable housing and one on homelessness, noting that they were waiting until meetings could happen in-person so that stakeholders could be involved. 

Commr. Sullivan agreed with Commissioner Parks as he believed the County needed an overall strategy.  He felt that affordable housing could be divided into several areas such as elderly housing, workforce housing, and etc.  He thought the County needed to develop a strategy which guided the process and helped the private and public sector come together in order to best determine how to put those programs together.  He thanked Commissioner Parks for sharing the Seminole County plan, and noted that while it was different, it did provide a great guideline as to which direction the county may need to go in the immediate future but not necessarily long-term.

Commr. Breeden thought that a request for proposal (RFP) for a study was just approved, and asked if any of the information gathered from the study would help in assisting the County with this type of plan. 

Mr. Cole asked for clarification on the plan Commissioner Breeden was referring to.

Commr. Breeden commented that it was for multi-housing dwelling units and how they equated to impact fees and those types of items.

Commr. Parks added that multifamily, availability, and what the objective needed to be of multifamily or affordable housing was all a part of the study.  He thought that it would be useful in providing data for the strategy plan.

Ms. Barker remarked that she thought that the impact fee study that was under the Office of Management and Budget section might be what the Commissioners were referring to.

Mr. Cole asked if it was from the previous meeting.

Commr. Campione mentioned that there was also a multifamily study.

Commr. Parks said that what Commissioner Campione referenced was what he was referring to, and that it was discussed a few months prior.

Ms. Drury asked if it was the Tindale Oliver study; however, she thought that was only for impact fees.

Commr. Breeden stated that she did not think the study had been done but simply approved, and Commissioner Parks agreed.

Mr. McClendon agreed with Ms. Drury that it was based on the impact fee study at the time and was awarded to Tindale Oliver.

Commr. Parks opined that there was a more detailed analysis of multifamily and other attainable housing, noting that he thought Sumter County and the City of Wildwood were referenced.

Commr. Campione recalled that there was a presentation several months prior from Mr. Greg Beliveau who mentioned the study performed in Sumter County which showed where their deficiencies were as far as how many people needed rental housing within a certain price range as compared to how much inventory the county had for this.  She thought that the Board had made a decision to do that type of analysis for Lake County, but was unsure if it was going to be performed in-house or if Tindale Oliver was going to be doing it as part of their analysis when they reviewed impact fees.

Mr. McClendon responded that Commissioner Campione was correct.  He said that it was part of the Tindale Oliver study and that they were incorporating the needs for the multifamily component as well and it was built into the scope of service. 

Commr. Campione asked when that study would be coming back to the Board.

Mr. McClendon replied that it was awarded at the previous meeting, but he was unsure of the timeframe.

Mr. Cole said that staff would research that.

commissioner BREEDEN – district 3

teacher APPRECIATION week

Commr. Breeden informed the Board that it was Teacher Appreciation Week within the county, and she encouraged the Commissioners to recognize teachers.   

commissioner CAMPIONE – district 4

closing remarks

Commr. Campione indicated that she did not have any reports to share.  She thought that the discussions and conversations from the meeting were very helpful, including the COVID-19 update.  She said that staff would work on drafting a letter to the Governor to highlight the county’s testing results and the request that he allow regions or counties be able to move forward with re-opening of personal services.

Commr. Blake agreed with this, and suggested having discussions with the County’s legislative delegation regarding any statutory changes that might be needed going forward to address what he thought had been some inconsistencies so that it could be properly addressed in any future similar situations, although he hoped that there would not be any future situations like this.  He believed this would allow the County to have the local mechanisms needed to handle items locally.

Commr. Campione opined it was a delicate balance when dealing with a public health crisis situation, and that writing legislation to ensure that mechanisms are in place to protect everyone, businesses, and public health would be a difficult task.  She felt it was worth working on in order to develop a solution that everyone would feel comfortable with.  She thought that some of the other counties were also attempting to gain the Governor’s attention and she relayed that a possible joint press conference or invitation to the Governor to come to the county was something staff could work on in order to highlight Lake County and what it was doing, to include the request to get businesses open.

Commr. Breeden then asked if the next BCC meeting would be virtual.

Mr. Cole responded that the two meetings in May would be held virtually, and then staff would evaluate how the June meetings might be held.  He remarked that staff was in the process of making physical barrier adjustments within County buildings, including the County Administration Building, in preparation for the re-opening phase.  He relayed that staff needed time in order to get that accomplished; additionally, they were reviewing how to address social distancing within the County Commission Chambers. 

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:22 p.m.

 

 

 

 

 

 

 

_________________________________

leslie campione, chairman

 

 

ATTEST:

 

 

________________________________

GARY J COONEY, CLERK