A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

november 10, 2020

The Lake County Board of County Commissioners met in regular session on Tuesday, November 10, 2020 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Wendy Breeden, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Kathleen Bregel, Deputy Clerk.

welcome

Commr. Campione welcomed everyone and noted that this was a special meeting since they would be inducting a new member into the Women’s Hall of Fame as well as hearing the 2020 State of the County address. She shared her appreciation for and then recognized the Constitutional Officers, the various city elected officials, and representatives from the State Congress Offices who were present at the meeting. She remarked that this meeting was a hybrid meeting which was a combination of an in-person meeting and one which allowed individuals to participate virtually, and mentioned that instructions on how citizens could participate virtually would be explained a little later in the meeting.

INVOCATION and pledge

Commr. Campione introduced Pastor Moses Robbins of Revolution Church in the City of Leesburg who gave the Invocation. She then acknowledged Major Nicole Blumenauer, Assistant County Attorney, who would be leading the Pledge of Allegiance. She relayed that Major Blumenauer had enlisted in the Army Reserve in 2007 and was commissioned into the Judge Advocate General Corps in 2010. She remarked that Major Blumenauer was mobilized in support of Operation Enduring Freedom in 2012 and 2013 with the 3rd Infantry Division at Fort Stewart, Georgia, where she served as trial counsel prosecuting cases at court martial; furthermore, she was mobilized again from 2016 to 2019, serving as trial counsel and lead sexual assault prosecutor for the Army Reserve Medical Command, and later as Chief of Military Justice. She shared that Major Blumenauer was currently the Chief of Administrative Law for the 143rd Expeditionary Sustainment Command in Orlando, Florida; additionally, she had been awarded the Meritorious Service Medal, Army Commendation Medal (2nd award), Army Achievement Medal (3rd award), Army Reserve Components Achievement Medal (3rd award), Armed Forces Reserve Medal (with M Device and Bronze Hourglass).

Major Blumenauer then led the Pledge of Allegiance.

2020 women’s hall of fame

Commr. Campione mentioned that former County Commissioner Catherine Hanson was present in the meeting and was the Commissioner who started the Women’s Hall of Fame program. She then introduced the 2020 Women’s Hall of Fame inductee, Ms. Paula Stegall Stinson. She shared that Ms. Stinson had been active for many years within the community doing wonderful events and programs, noting that many of these programs existed due to her hard work and leadership. She mentioned that many of the projects that Ms. Stinson had worked on were ones that involved making the lives of children and families better, and she then shared several of Ms. Stinson’s accomplishments. She remarked that Ms. Stinson was involved in the transformation of Wooten Park in the City of Tavares into the beautiful landmark that it was currently, that she was one of the key individuals in the establishment of the Golden Triangle YMCA, that she was involved with the establishment of Lake Sumter Children’s Advocacy Center which provides services to children who are the victims of abuse, and that she was instrumental in helping to establish the Hunter Foundation which helps disadvantaged individuals in Lake County. She relayed that Ms. Stinson had been an active volunteer with Lake County schools even when her children were no longer attending, and that she offered her talents by raising funds and chairing school committees while also supporting teachers and administrators; additionally, Ms. Stinson was an active member of the First United Methodist Church in the City of Tavares, where she had taken on teaching roles, advocated for community concerns, and raised funds to send children to summer camps. She commented that Ms. Stinson had provided critical response to community needs during disasters by collecting supplies and medical equipment, noting that during the coronavirus disease 2019 (COVID-19) pandemic she had been providing companionship to those who were unable to leave their homes. She stated that Ms. Stinson’s life had been one of service to her community, and that her work and dedication has had an incredible impact on the lives of Lake County residents and visitors for nearly 50 years. She said that it was for all of these reasons that Ms. Stinson was being inducted into the Lake County Women’s Hall of Fame.

Ms. Stinson thanked Commissioner Campione for her kind comments. She indicated that many in the room had shared the visions of the accomplishments mentioned and were instrumental in helping to form the projects. She said that she enjoyed being surrounded by people she admired and looked up to, who had been mentors to her, and with whom she had developed a plan of action when they saw opportunities within the community to help. She acknowledged that her mother was also a Lake County Women’s Hall of Fame inductee, noting that it was very honoring to share this experience with her. She thanked her family for all their support and help with projects that she was involved in, and expressed appreciation for the recognition. She also thanked Commissioner Sullivan and Commissioner Breeden for their service and wished them well on their new endeavors.

state of the county presentation

Commr. Campione remarked that the county was off to an amazing start to the year prior to COVID-19, and recalled the ceremony for the Groveland Four monument at which the Florida Governor participated in. She expressed her appreciation for the professionalism of County staff, the business community, Lake County groups and agencies during a difficult year, and for their willingness to step up, help and adapt to the situation and daily changes. She said that it was inspiring to witness people coming together to do what needed to be done for the community in order to protect businesses, family and the county’s way of life. She commented that elected city officials were a big part of getting information out and reaching out to the community as well as all the county’s stakeholders and healthcare providers. She praised Mr. Aaron Kissler, Administrator/Director/Health Officer for the Florida Department of Health (DOH) in Lake County, for the great partnership the County has with him and the DOH, noting that the DOH and the Lake County Office of Emergency Management would be working closely with the hospitals and healthcare providers once the COVID-19 vaccine was available. She thanked everyone for pulling together during this time, and expressed appreciation for businesses and nonprofit organizations. She also thanked her fellow Commissioners, the County Manager for his leadership, and County staff for their teamwork during this year, and relayed that it had been a pleasure to work with all of them. She then introduced the 2020 State of the County presentation, “Moving Forward Together.”

The video started with Commissioner Campione thanking everyone for joining her for the 2020 State of the County address. She remarked that 2020 had presented the county and the rest of the world with challenges that had never been seen before. She commented that during this time, the Lake County Board of County Commissioners and staff had spent the year dedicated to the safety of residents and the stability of the local economy while continuing essential services through implementing creative initiatives and leveraging technology. She noted that teamwork and collaboration had been key in moving Lake County forward through the challenges presented by the COVID-19 pandemic. She shared that she was truly inspired by what the community had been able to accomplish and by their ability to unite and respond. She stated that on behalf of the Lake County Board of County Commissioners, she was pleased to present the 2020 State of the County, “Moving Forward Together.”

Mr. Jeff Cole, County Manager, stated on the video that 2020 had been an unprecedented year for Lake County and for much of the rest of the world. He said that they had faced numerous challenges that they had never before been confronted with, and that he was profoundly proud of Lake County’s team of professionals. He indicated that in the face of adversity, they had continued to provide all County services by implementing creative initiatives, leveraging technology and adapting processes to best serve the public; additionally, not only had they been adept at maintaining the services that are so critical to the communities, economy and lifestyle in Lake County, they had also continued the forward momentum in the areas that Lake County had thrived in, such as infrastructure, economic growth, public services and public safety.

The narrator in the video then reported on several of the County’s accomplishments throughout the year as follows: in early 2020, Lake County began a multi-phase project to improve deteriorating roadways and upgrade sidewalks and stormwater channels, noting that the road improvement project was funded by existing sales tax revenue; this road project helped support Lake County’s fundamental transportation infrastructure by addressing the most urgent needs in an efficient and fiscally responsible way as the County’s transportation network continued to age, with over 40 miles of roadway repaved this year during the project’s first phase; the County constructed a new recreational building and renovated the existing facility at Miracle Field at Lake Idamere Park, noting that the project was funded by County sales tax, park impact fees and private contributions; since manufacturing makes up seven percent of the local economy and is key in fostering a more diverse and sustainable workforce, the County, in collaboration with the City of Leesburg, was thrilled to add DiversiTech to its roster of manufacturers creating one-of-a-kind products sold both locally and globally; DiversiTech produces HVAC products and will bring more than 25 high-paying jobs to the area and invest in the community through on-site capital improvements and incentive programs; Lake County was also pleased to welcome Amazon.com with an addition to their Last Mile Delivery program, located in the City of Groveland; Amazon will bring hundreds of new full-time and part-time jobs starting at $15 an hour as well as provide opportunities for independent contractors with Amazon Flex, which gives Lake County residents the freedom to work for themselves and create their own schedules; the decision of Amazon and DiversiTech to join Lake County’s local economy further validates Lake County’s economic appeal and is a major milestone toward establishing economic growth and resilience; the Lake County Board of County Commissioners continued its commitment to local business in working with the Lake County Tax Collector to repeal business tax receipts in unincorporated Lake County; and to alleviate overcrowding and better care for pets as they wait for new homes, Lake County began construction on a no-kill animal shelter which was being paid for with sales tax revenue, and featured designated areas for animals to interact with adoptive families, had both indoor and outdoor play areas, was constructed to support best practices for sheltering and streamline maintenance and cleaning processes, and had a classroom that will facilitate courses for up-and-coming veterinary assistants.

The narrator on the video then reported the accomplishments of several County departments as follows: the Office of Procurement Services hosted a webinar to share insights and best practices for winning government contracts which was designed to help business owners and contractors identify bid opportunities, gain an understanding of government purchasing, and successfully bid on projects with Lake County, surrounding counties, and municipalities; the Office of Library Services continued its mission to serve as a gateway to the world of information by expanding its collection of digital and physical resources available to county residents; with the addition of the Eustis Memorial Library, all 16 libraries were now part of the Lake County Library System, noting that this addition further expanded the library system’s collection, and gave Eustis Memorial Library patrons access to the resources available through the Lake County Library System; the Office of Transit Services rolled out a new look on its LakeXpress bus fleet with an additional revenue stream that does not impact Lake County taxpayers; the County began selling advertising space on transit vehicles to support transit operations and to raise public awareness of County programs; the Office of Transit Services also completed phase one of its multi-year plan to improve accessibility and security at LakeXpress bus stops which included shelters or large concrete pads being installed to increase accessibility, and enhancements like benches, trash cans and solar-powered security lighting to accommodate a safe environment for patrons waiting to ride the bus; Lake County Development Services began offering one stop permitting, a new and improved workflow that streamlines the services of Lake County’s Office of Building Services and the Office of Planning and Zoning, noting that this allows Lake County to provide a higher level of service to its nearly 14,000 walk-in customers each year; the Environmental Services Division began mosquito spray treatments, noting that they kept residents informed of spray schedules through text and email alerts through AlertLake, spray schedules could be tracked using the Interactive Mosquito Map, residents could request treatments for their specific area, and those with chemical or agricultural sensitivities could request a spray exclusion; the Office of Emergency Management monitored and supported several severe weather events this year, including the January tornado near Okahumpka, noting that the team, along with Lake Support and Emergency Recovery (LASER), were deployed to help residents and businesses recover from the damage; the Lake County Emergency Management team strove to keep the public informed and up to date through events like Severe Weather Awareness Week, which raised awareness concerning potential hazards that could adversely affect individuals, their property, and their communities, while encouraging residents to employ safe practices and create a personalized safety action plan; the Office of Fire Rescue received a grant from the federal government to add 15 new firefighters and increase staffing in support of their strategic plan with the grant also aiding ongoing efforts to meet national standards for fire suppression and emergency medical operations to help keep residents protected from potential dangers; and the Office of Fire Rescue also welcomed two new firetrucks this year, including Squad 8 at Fire Station 76 in Yalaha, which is equipped for handling hazardous materials, and Engine 15 in the City of Eustis, which is outfitted with all-wheel drive so that it can traverse unpaved terrain to approach brush fire operations and other rural sites.

The video then showed Mr. Cole who remarked that this year's accomplishments were a true reflection of the commitment that he, and the talented and dedicated staff of Lake County government, have to ensuring that the services are provided, and that projects and initiatives are advanced, even in the most challenging of times. He said that they learned and experienced much in 2020, which inspired and empowered all of them to achieve even more in Lake County in 2021.

Commissioner Campione then said on the video that COVID-19 had significantly impacted communities, daily lives, and the way business got things accomplished however, it had not stopped the community but instead, challenged it to find new ways of doing things and to continue providing services in the most efficient ways possible. She mentioned that she wanted to highlight some of this year’s accomplishments and thank staff for their hard work, innovative problem-solving, and tireless efforts to continue the County’s commitment to providing quality public services. She recalled that back in March 2020, the Office of Building Services worked with the Office of Communications and the Information Technology Department to expand and enhance online permitting services, noting that their efforts helped to ensure the availability of building services while the State stay at home order was in effect, and reduced the need for in-person visits when County offices reopened to the public. She said that staff continued permit processing while providing support, and helped to guide customers through the new system. She shared that the County installed physical barriers in service areas to help protect customers and staff, Plexiglass was also installed on LakeXpress buses, and rider fares were suspended through spring to prevent contact spread. She reported that the Office of Transit Services, together with the County Library System and local city and town halls, had distributed nearly 80,000 free face masks to the public. She commented that the Office of Emergency Management had led the charge in the County’s response to the pandemic, while working in conjunction with the Florida Department of Health of Lake County; additionally, from their efforts to secure personal protective equipment (PPE) for area hospitals and first responders to developing and maintaining strategic partnerships for testing and resource distribution, this team had been working diligently to support public health and safety in Lake County. She indicated that an agreement between Adult Medicine of Lake County and the Lake County government to provide nasal swab and rapid testing, as well as antibody COVID-19 testing, enabled the County to expedite the availability of low-cost testing for residents; additionally, the County’s collaborative efforts with the Florida Department of Health and the Florida Division of Emergency Management helped to further support the goal of making testing available to residents throughout Lake County. She remarked that in an effort to inform residents of testing availability, Geographic Information Services developed a testing site locator map, and that with the response from the community, Lake County became one of the leading central Florida counties in testing per capita, with 25 percent of residents tested through October 2020. She noted that the data collected was critical in helping to identify and prevent community spread. She shared that the County was happy to extend the County's contract this year to continue working with LASER, as the organization continued its mission to help strengthen disaster recovery through a coordinated, community-wide approach that residents could count on. She indicated that LASER worked with the Lake County Corrections Textile Program, in coordination with the Lake County Sheriff’s Office, to create and distribute more than 35,000 cloth face coverings within the county. She shared that volunteers donated more than 323,000 hours in working with mask distribution, holding blood drives throughout the Lake County community, and working with churches, businesses and agencies to distribute needed PPE; additionally, LASER staff and volunteers also worked with local food pantries to create food drives that helped residents who were impacted by COVID-19, donating over 312,000 meals with a total value of $661,560. She said that in addition to serving on the frontlines providing life-saving efforts, Lake County Emergency Medical Services staff had completed additional training to work with the Florida Department of Health to administer COVID-19 tests at mobile sites, group homes and correctional institutions; furthermore, when PPE was in short supply, Lake County Fire Rescue acted quickly to establish a mask sterilization unit that extended the life of N95 masks used by first responders. She commented that from promoting safe practices and guidelines to sharing available resources with residents and businesses, communication had played an integral role in the response to COVID-19; therefore, the Office of Communications actively engaged with users on social media to answer questions, address concerns, and inform the public, noting that as part of the ongoing commitment to government transparency, COVID-19 data and updates from the Board were shared regularly. She recalled that when the stay at home order was issued, the County published content to promote the personal well-being of residents, hosted virtual library events, and produced virtual tours to highlight the natural resources and beauty of Lake County; furthermore, when the order was lifted, they featured local businesses that were taking measures to promote public safety and engaged the business community to better understand their challenges related to COVID-19. She shared that www.ReopenLake.com was launched to provide residents and businesses with local guidance concerning the state’s phased reopening plan as well as information about Lake County assistance programs funded by Coronavirus Aid, Relief and Economic Security (CARES) Act grants, noting that when CARES Act funds became available, the Board was able to allocate over $36 million in CARES Act funding to assist residents and businesses negatively impacted by the pandemic. She stated that on February 21, 2020, the County was honored to be joined by Florida Governor Ron DeSantis and family members of the Groveland Four as they dedicated a monument in their honor. She mentioned that community leaders and local officials gathered to remember Mr. Charles Greenlee, Mr. Walter Irvin, Mr. Samuel Shepherd and Mr. Ernest Thomas. She opined that the monument served as a reminder to guard and protect the rights guaranteed by the Constitution and to stand up for due process and equal protection under the law for all people. She then concluded the video by stating that while unprecedented, 2020 had revealed the unwavering resilience of Lake County residents and its community as a whole. She stated that there is a special quality in a community where autonomy and individuality is embraced but there is no hesitation to help others’ in need, where freedom of thought is encouraged and not suppressed, and where people can have civil discourse and debate about difficult issues that they see from different perspectives with a willingness to listen and to learn from each other. She shared that over the last year, she had seen this quality in action in many different ways. She said that it is this strength, the ability to unify when it matters most, which will continue to move Lake County forward in a positive direction for many years to come.

Commr. Campione then thanked the Office of Communications for the great job they did on the video and thanked all County staff for their hard work throughout the year.

recognition of commissioners sullivan and breeden

Commr. Campione commented that they wanted to recognize Commissioner Sullivan and Commissioner Breeden since this would be their last official Board of County Commissioners (BCC) meeting. She remarked that Commissioner Sullivan and Commissioner Breeden always had a pleasant way of serving others, and were two people whom she respected and looked up to. She opined that even in difficult situations, these two Commissioners were not disagreeable, which fostered an environment that allowed things to get accomplished, which she appreciated. She then shared some personal observations about each Commissioner. She recalled that Commissioner Breeden had served with the County for many years with a passion for libraries, as well as service with County parks and trails, noting that as a Board member she continued to support and advocate for these areas. She expressed appreciation of Commissioner Breeden’s support of the Lake County Animal Shelter and the no-kill program which she said was making a huge difference in the community. She indicated that Commissioner Breeden had taken on some really difficult issues and stood her ground on them, and recalled some community meetings within her own district, such as the one in Haines Creek regarding some difficult code enforcement issues which resulted in good accomplishments in that area. She mentioned that Commissioner Breeden always supported creative approaches and common sense solutions, which she opined was a benefit to the BCC and fostered economic development. She then remarked that she had served with Commissioner Sullivan for ten years, and recalled his support of transportation and how he would remind the Board about how everything fit together and that one piece could make a difference in pulling the whole system together. She recalled that Commissioner Sullivan had been extremely involved in job creation, economic development, housing and workforce housing, and trails; additionally, one of his biggest accomplishments was addressing some issues within the County government with regards to the response to veterans’ needs. She explained that at least 40,000 veterans in the county were served and received benefits because of Commissioner Sullivan, and she thanked him for taking the lead on making sure reform happened with the County’s Veteran Services Program. She also acknowledged Commissioner Sullivan’s involvement with the Hickory Point Beach sand volleyball complex, in bringing bass fishing tournaments back to the county, the restructuring of the Lake-Sumter Metropolitan Planning Organization (MPO), and being instrumental in getting the sales tax renewed. She expressed appreciation to both Commissioners for their service to the county and the community, and presented them with a plaque honoring their time as Commissioners.

Commr. Breeden said it had been an honor and pleasure to serve Lake County as a Commissioner over the past four years, and as a staff person for 23 years prior. She commented that she saw herself as a servant leader, and that she tried to base decisions on what she believed was best for Lake County. She believed that she had helped restore the cohesiveness and the team spirit of the County Commissioners, noting that it helped to have great people to work with. She felt that because this group worked so well together, they accomplished many things and were an effective Board. She thought that part of their success was by hiring Mr. Jeff Cole as the County Manager, and giving him the latitude and direction to be creative, noting that Mr. Cole rose to that charge and was creative in finding effective ways to provide service and finding efficiencies. She opined that the County had an amazing staff, and she hoped that the Board would continue to recognize that, to remember their importance, and to show them respect and appreciation. She indicated that there were so many things they had accomplished that she was proud of, such as the animal shelter, the public radio system, and road resurfacing, noting that they were accomplishing all these items without leaving a debt or burden to the taxpayers beyond the current infrastructure sales tax, which she thought was really good. She said she was proud of the County’s economic development, and that they were doing well with Amazon, DiversiTech, and Kroger-Ocado prior to the COVID-19 pandemic; however, she opined that the County would come back. She recognized the great job Commissioner Campione had done as the Chairman of the Board during this difficult year, noting that she had to make quick decisions but made them based on what she believed to be best for Lake County. She thanked everyone for allowing her to serve for the last four years.

Sheriff Peyton Grinnell mentioned that shortly after Commissioner Breeden took office, she had reached out to him regarding some issues in the Bassville Park area. He relayed that his officers had informed him that Commissioner Breeden was in that area picking up garbage on the side of the road, which he said inspired his employees. He reported that through working with Commissioner Breeden, they were able to accomplish a lot in that area, and placed approximately 30 drug dealers in jail within a month, noting that it all started by Commissioner Breeden holding community meetings in the area and by getting the community involved. He then presented Commissioner Breeden with a plaque honoring her and her support of the Lake County Sheriff’s Office (LCSO).

Commr. Breeden thanked Sheriff Grinnell for the recognition and for his assistance with the Bassville Park area.

Commr. Sullivan said that he had been blessed in his life, as he had led soldiers in combat and been an elected official for 18 years in Lake County. He considered himself a citizen soldier, and commented that nothing was accomplished without the other Commissioners. He shared that he had been Chairman of the Tourist Development Council (TDC), and that the Board had pulled together to accomplish many great things. He indicated that 20 percent of Lake County’s economy was from sports and tourism, noting that the return on investment from Hickory Point Beach had been amazing, along with the effects of Kroger-Ocado. He stated that they had changed the focus of where the county wanted to go as they did not want to be a bedroom community, and wanted to retain the quality of life for Lake County citizens. He shared that he had lived in the county since 1969, and relayed that his love for the community was heartfelt for many years, and shared his desire to spend time with his grandson in the next stage of life. He said it had been a great honor to serve on the County Commission, noting that being a charter member of Leadership Lake County back in the 1990s had opened his eyes to how diversified Lake County was. He opined that Lake County was a great community, and he urged everyone to find their passion and support it. He thanked his wife for her support, and said that Lake County was a great place to live, work and play; furthermore, he was honored to be a County Commissioner and to serve with his fellow Commissioners over the last few years.

Sheriff Grinnell recognized Commissioner Sullivan and thanked him for his efforts to revamp the Veterans Services Program in the county, noting that Commissioner Sullivan attended every veteran activity in the county. He commented that Commissioner Sullivan was instrumental in making sure that they did not forget those who had served or were serving in the military, and opined that the County was better because of this. He thanked Commissioner Sullivan for his service, for the way he honored veterans, and mentioned that it had been an honor to serve with him. He then presented him with a plaque recognizing Commissioner Sullivan and for his support of the LCSO.

Commr. Sullivan added that another accomplishment was supporting public service to the first class organizations that they had developed, such as the Offices of Emergency Medical Services (EMS) and Fire Rescue, and the LCSO.

recess and reassembly

The Chairman called a recess at 10:05 a.m. for 25 minutes.

virtual meeting instructions

Commr. Campione indicated that they would continue with their regular BCC meeting at this point, and mentioned that this meeting was a hybrid meeting which was a combination of an in-person meeting and one which allowed individuals to participate virtually. She asked for Mr. Erikk Ross, Director for the Information Technology (IT) Department, to explain how citizens who were listening remotely could participate.

Mr. Ross explained that this meeting was being livestreamed on the County website and was also being made available through a Zoom Webinar for members of the public who were unable to attend in person but wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching though the livestream who wished to speak during the Citizen Question and Comment Period of the meeting could follow the directions currently being broadcast through the stream; furthermore, he relayed that anyone who had joined the webinar via their phone could press *9 on their phones to virtually raise their hand and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would then identify the person or their phone number, unmute the appropriate line, 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.

Agenda update

Mr. Cole stated that since the agenda was first published, staff had added a letter of acknowledgement to Tab 8, that they replaced a report with a revised version for Tab 30, and that they had added Tab 34 at Commissioner Breeden’s request and Tab 35 at Commissioner Campione’s request, noting that all these updates had been shared with the Board the previous Friday.

covid-19 update

Mr. Tommy Carpenter, Director for the Office of Emergency Management, mentioned that the County’s Emergency Operations Center (EOC) was at a level three monitoring, with their focus being the County’s response to COVID-19 and the hurricane season. He indicated that the Lake County Citizens Information Line (CIL) at 352-253-9999 was no longer staffed by personnel but had information available for the DOH and COVID-19 questions, and the CARES Act programs. He stated that the DOH’s COVID-19 hotline would remain open Monday through Friday, 9:00 a.m. to 4:00 p.m. at 352-742-4830. He then shared these statistics from the Florida DOH’s website regarding COVID-19 cases within Lake County: there were 9,195 total positive tests, noting that two weeks prior it was 8,479; total number tested was 103,485, while two weeks ago it was 94,599; Lake County’s two week positivity rate was 6.5 percent, noting that his report two weeks ago was inaccurate and should have been five percent; and the total cumulative percentage was 8.9 percent, while two weeks ago it was nine percent. He indicated that when comparing to surrounding counties, Lake County still had the lowest cumulative positive rate; furthermore, the State’s target for positivity rate was 10 percent and Lake County had remained below that. He said that another number to review was the percentage of estimated population tested, noting that Lake County remained at number three at 28.4 percent, with Orange County being number one at 31.9 percent. He indicated that the number one age group for those testing positive was still 25-34 years old, the second most affected age group was individuals 45-54 years old, the third most affected age group was 15-24, and the fourth age bracket was the ages of 35-44; furthermore, the median age for COVID-19 positive cases was still 43. He stated that to date, there had been 236 deaths reported. He then reported information on the county’s three local hospitals as follows: there were a total of 910 beds available with 698 being utilized, 214 remaining available, and a 23.5 percent available bed capacity; there were 104 total intensive care unit (ICU) beds available with 68 being used, 36 available, and 34.6 percent ICU bed capacity; and there were 33 admitted for COVID-19, with eight of those in ICU. He said in regards to cases within the county’s long-term care facilities, the total cumulative number was 717 total positive COVID-19 cases to date, including staff and patients, with 97 deaths reported. He then shared information regarding COVID-19 testing locations throughout the county. He commented on the County’s facemask distribution which began on July 7, 2020, and reported that over 80,000 masks had been distributed. He also acknowledged that LASER had assisted 62 businesses, churches and agencies with over 58,000 cloth masks, 1,300 procedure masks, and continued to provide hand sanitizer and gloves as needed. He indicated that for Lake County schools from October 31 through November 6, 2020, there had been 40 positive cases of 21 students and 19 employees, with 440 persons being under investigation to include 380 students and 60 employees. He indicated that the DOH began utilizing the BinaxNOW rapid COVID-19 test to test staff and students of public and private schools. He reported that his office was working with 55 and older communities in the county that had ordered the BinaxNOW tests, and referenced Governor DeSantis’ press conference regarding this; additionally, he said that six of Lake County’s communities had ordered the tests, that the DOH would conduct the testing, and that they hoped to accomplish it prior to the Thanksgiving holiday. He indicated that he had also ordered 1,000 of the BinaxNOW tests from the State but they had not yet been received. He commented that as the holidays approached, they anticipated an increased need for testing; therefore, they would consider having drive-through testing similar to what they had in the summer. He concluded with a tropical weather update, noting that 2020 was the most active season on record with 29 storms; furthermore, Tropical Storm Theta had formed overnight in the eastern Atlantic Ocean and was currently traveling away from the United States, Tropical Storm Eta had minimal impacts to Lake County and that it continued to deteriorate, and that there was another low pressure wave in the southern Caribbean that they were watching.

Mr. Kissler relayed information on the DOH website regarding COVID-19 and how Lake County compared to what was happening around the State of Florida, noting that the number of cases and positivity rate had increased slightly as expected when moving into the winter months. He indicated that the positivity rate had fluctuated between three and nine percent, with an average around seven percent in the last few weeks; furthermore, cases were usually around 70 a day. He commented that testing numbers were down slightly, and encouraged people to get tested when needed. He relayed that the testing with the schools was going well and that they were working with the DOH to help prevent future infections. He shared that there were two potential COVID-19 vaccines that were close to being ready, with one of the companies reporting a 90 percent effectiveness, noting that these vaccines included a deep freeze storage. He opined that effectiveness was positive and gave the comparison to the flu vaccine which was 45 to 60 percent effective. He added that they were currently waiting on the safety data for the vaccine, and that the DOH was working with the hospitals regarding how to administer it once it was ready, noting that it required two dosages and could be complicated to administer due to the need to deep freeze. He relayed that this vaccine could possibly be available by the end of the year for first responders and to the general population by early 2021. He mentioned that some of the other vaccines were not deep freeze so the distribution would be less challenging. He said that this vaccine combined with the public health measures of mask usage, social distancing, and limiting time in indoor areas with poor airflow and large gatherings could help slow the spread of the disease. He stressed the importance of stopping the spread as much as possible, because the more it spread, the more chance there was for a variant to develop which might not be as responsive to the vaccine for the current strain of COVID-19. He also announced that there was a new medical director for the DOH in Lake County, who was an expert in infectious diseases.

Ms. Jo-Anne Drury, Deputy County Manager, provided an update on the $17,860,000 earmarked for current resident assistance efforts, noting that phase one was approximately $2.46 million, phase two was about $15 million, and phase three was the CARES Act Community Development Block Grant (CDBG-CV) funds at around $300,000. She then reported specific information on phase one of the resident assistance program as follows: number of applications received was 1,539; those approved were 736 with 694 being declined, and the awarded amount was $2,360,392. She indicated that all Coronavirus Relief Fund Grant (CRF) funds had been exhausted, there was approximately $100,000 remaining in State Housing Initiatives Partnership (SHIP) funds, and the CDBG-CV funds of $300,000 would be spent last since they had a longer timeframe to spend those funds. She also reported on the resident assistance phase two, which was the program that had recently launched with $15 million in funding. She explained that it would be a maximum award of up to $4,000 in rent or mortgage assistance, that applicants had to have a documented COVID-19 hardship such as a layoff, furlough or loss of income, and that it would either be a direct payment to the individual for reimbursement of funds already expended on rent or mortgage or a direct payment to a landlord or lender if the account was past due. She elaborated that these funds had to be awarded by December 30, 2020, that the online application opened on October 6, 2020 and would close on November 30, 2020, and that over 2,000 applications had been received to date. She shared that her office had been working with the Office of Communications to promote the program through social media, newspaper, bus advertisements, and flyers and posters in both English and Spanish. She then displayed several examples of the promotions. She concluded by mentioning that anyone interested in applying for phase two could call the call center at 877-927-1057, which was open from 8:00 a.m. to 6:00 p.m., Monday through Friday; additionally, residents could access the application online through www.elevatelake.com/reopen#cares.

Mr. Brandon Matulka, Executive Director for the Agency for Economic Prosperity, provided an update on the Lake CARES Small Business Assistance Grant Program, and shared that to date, staff had processed and awarded nine batches of payments, which equated to 1,960 awards for a total reward amount of $14,784,000, noting that 1,773 were for-profit businesses at $12,941,000, and 187 were for nonprofit at $1,870,000. He added that they had received over 2,000 applications and were working on about 90 applications which were still in process and had an estimated award value of about $748,000. He then reported that out of the total $21 million allocated for business assistance, about $15,674,000 had been spent to date; therefore, there was approximately $5,326,000 remaining, noting that these numbers could fluctuate slightly as they continued to process applications still in process. He then shared three proposed options for ways to spend the $5,326,000 remaining allocation. He explained that option one was a new distribution of awards with high impact categories being added, noting that it would break down awards into high impact categories and non-high impact categories, and would require reaching back out to applicants for additional information before awards were made. He indicated that based on previous conversations and suggestions from the BCC, businesses which were mentioned were hotels, short-term and vacation rentals, landlords of retail space, and commercial rentals. He said that based on these comments and in reviewing how staff could pull that industry information out of the application data available, the two high impact categories that were extracted included category one, which included hotel, vacation rental, bed and breakfast, and campground, and category two which was real estate rentals; furthermore, since residential and commercial were not distinguished on the applications, staff pulled a broader category for review. He explained by giving the example that many businesses selected “other” in the industry category on the application, and would then write a description. He added that if the Board desired to narrow down specific types of businesses from this list, then staff would have to reach out to the applicants to collect additional information in order to ensure they were being targeted correctly. He then displayed a chart depicting the various business categories, number of awards for each category, current amounts awarded, and proposed category increases for this first option, noting that these new high impact categories would receive more. He indicated that with this option and category increases, the total estimated would be $20,967,500, which would leave about $32,500 left over, noting that some numbers could fluctuate. He explained that option two called for a more even distribution of additional funding and spread out an award to all sizes of business regardless of industry, with larger businesses getting a bigger increase. He then displayed a chart depicting proposed increases for this option, and reported that the total for this option would be $20,947,000 with about $53,000 remaining. He relayed that as for timing with this option, once they completed the applications in process, they should be able to get payments out within the first few weeks of December 2020. He said that option three was similar to option two but was focused on large employers getting an additional distribution such as those with ten or more employees. He displayed a chart showing amounts for this option, and noted that there would be no additional award for a self-employed/sole proprietor or businesses with two to nine employees, that award amounts increased as businesses had more employees, and that it did not distinguish between industries. He added that the timing for this option would be similar to option two and could be accomplished in early December 2020. He summarized the three options as follows: option one was to break down awards into high impact categories and non-high impact categories, and to reach back out to all applicants for additional information before awards were made; option two was to spread out an award to all sizes of business regardless of industry, with larger businesses getting a bigger increase; and option three was applying additional awards only to businesses deemed large at ten or more employees.

Mr. Cole commented that with about seven weeks left to expend all of the $64 million, they were on the path to accomplishing this thanks to the Board’s approval to obtain the line of credit in order to get funding back into the community quickly. He expressed concerns for option one as it could be complicated to administer, and would consume more time since it would require staff to reach back out to applicants. He encouraged the Board to think about this as they considered the three options.

Commr. Parks inquired about option three and if there would be flexibility for businesses with two or three employees to be able to give a final award amount to them at the end of December 2020.

Mr. Matulka responded that if the Board wanted any additional awards to go to certain businesses, then staff would be able to accomplish that, noting that they did have flexibility that could adapt to whatever parameters the Board might provide. He did caution that as the deadline approached, sometimes communication to applicants could take more time which could cause some issues.

Mr. Cole reminded Commissioner Parks that there was also $3.7 million in the contingency line item of the spend plan that was approved in October 2020; furthermore, staff would be seeking Board approval on how they desired to spend that which could be another opportunity to award funding to any specific businesses that the Board might want to target and allocate to.

Commr. Breeden thanked Mr. Matulka for providing three options. She agreed that option one could take more time, and expressed support for option three as she thought it accomplished more of the Board’s goals to assist larger businesses.

Commr. Campione shared that a person in the catering business had called her that week to express the difficulties she had been through as a sole proprietor. She cautioned to not forget the many small businesses that were struggling to merely hold on.

Commr. Breeden said that was a good point.

Commr. Parks stated that he was leaning towards option three, and commented that there was still flexibility with the contingency fund to address the businesses mentioned by Commissioner Campione.

Commr. Sullivan asked if this could be accomplished by utilizing option two. He remarked that one thing they attempted to avoid with this was making it a bureaucratic challenge to get the funding. He thought that option two gave the most flexibility to staff especially since timing was important in order to get people through the process.

Mr. Matulka reiterated that there were many businesses in the self-employed/sole proprietor category who had a lot of independent employees working for them. He added that they could still use the contingency funds later for this option too. He remarked that this would help anyone who needed assistance.

Mr. Cole commented that the Board could decide to utilize part of or all of the $3.7 million contingency funds as there was nothing lined up to allocate the bulk of this funding for, noting there was a small amount needed for something they would discuss shortly. He said they could decide at this meeting or discuss at their December 8, 2020 meeting.

The Board relayed support for option two, and Mr. Matulka indicated that staff could provide additional information at the December 8, 2020 Board meeting.

Ms. Jennifer Barker, Executive Director of Administrative Services, provided an update on the CARES Act funding. She displayed a summary chart of the CARES Act funding spend plan as approved by the State in October 2020. She explained that the chart reflected a summary of how the County planned to spend the $64 million in CARES Act funds which included funding for business and resident assistance, workforce/education assistance, marketing costs to boost the local economy, LifeStream Behavioral Center, nonprofits and local food banks, and the County, Constitutional Officers, and municipalities. She recalled that the first 25 percent of funding, or $16 million, was received in July 2020, and that the County received the second 20 percent of funding, or about $12.8 million, on November 5, 2020 after the spend plan was approved. She explained that the remaining approximate $35.2 million was only available on a reimbursement basis, noting that the BCC had approved on October 13, 2020 a line of credit with Bank of America in order to have access to this funding so that recovery efforts could be provided quicker, noting that they closed on the line of credit on October 22, 2020. She reported that $6,658,051 in funding had been distributed to 13 municipalities to date for projects which were approved in the spend plan that the County submitted to the State; furthermore, they were still evaluating the funding for the workforce/education assistance with the $5 million in funding to be distributed after this evaluation. She recalled that the Lake County School Board requested funding in order to open schools safely for students, noting that about half of the students would be doing virtual education with the remaining half participating in the more traditional classroom setting. She indicated that the BCC approved on August 7, 2020 to provide $1,676,245 to the Lake County School Board for various expenditures relating to COVID-19 such as increased janitorial services, disinfecting surface treatment for high touch areas, desk and table partitions, temperature scanners for visitors and employees, and thermometers for school clinics and after school events. She reported that these expenditures were approved by the State as part of the County’s spend plan; however, at the same time the approval for this expenditures was being processed, the County received new guidance from the United States (U.S.) Department of Treasury that rendered those items ineligible for funding using CARES Act funds. She relayed that because of this, the Lake County School Board requested on November 4, 2020 that this $1,676,245 go towards additional $2,461,355 costs that they had already incurred relating to transportation, hiring teachers, acquiring computers and similar digital devices, and for developing online curriculum, noting that these expenses were CARES Act eligible. She also recalled that the Board had approved on September 29, 2020 to provide $12,025,405 to municipalities, Constitutional Officers and the County, with 13 of the 14 municipalities requesting and receiving funding; however, the Town of Howey-in-the-Hills had requested $89,915.84 in funding on November 3, 2020 for personal protective equipment, sanitization of equipment and supplies, technology enhancements, medical supplies, and food bank assistance. She concluded with a requested action for the BCC to reallocate the $1,676,245 in CARES Act funding allocated to the school board as just described, and to allocate $89,915.84 from the CARES Act funding contingency category to the Town of Howey-in-the-Hills, pending staff’s approval of the Town’s spend plan which was currently being reviewed.

Commr. Breeden inquired about the school board’s total amount being more that the $1,676,245 of the CARES Act funding.

Ms. Barker replied that was correct, and noted that they did have a total of approximately $2.4 million of additional expenses so they were asking for the $1,676,245 to offset those expenses.

Commr. Breeden asked that since there was an additional $5 million for workforce/education assistance, could the remainder of the requested amount from the school board come from this line item.

Ms. Barker responded that they had a spend plan submitted by Lake Technical College which would use the entirety of the $5 million if the Board chose to do that, or they could take additional funding out of the contingency funds if the Board wanted to address the additional funding for the school board.

Commr. Parks recalled that the original allocation was $10 million, and that Lake Technical College was using what they knew would be approved; furthermore, this was addressed to assist those who would need to be trained for a new career.

Commr. Campione asked what the difference would be from the school board’s expenses of approximately $2.4 million and the $1,676,245 allocated by the Board.

Ms. Barker replied that the school board’s expenses were $2,461,355, which was almost $2.5 million.

Commr. Campione thought they should address the situation with the U.S. Department of Treasury and the need to re-categorize the funding.

Commr. Breeden expressed concerns for delaying and having contingency funds that could possibly not be spent by the deadline.

Commr. Parks expressed an understanding that the purpose of the expenditure for Plexiglas was due to concerns of mask fatigue and to provide extra protection. He inquired if this was not going to be covered, then could some of this funding go towards filtration systems or would there be funding for this in the future. He recalled that he had concerns when this expenditure was originally approved since he was hoping that students would not need to use masks as much if there was Plexiglas in place.

Commr. Campione said that what the school board was doing within the schools appeared to be working, such as being stringent with mask usage, hand washing, etc. She encouraged discussing with the DOH as they seemed to imply that filtration would not assist with COVID-19. She said the key was to shift funds so that the original Board approved funding could be used for the other items based on the U.S. Department of Treasury ruling.

On a motion by Commr. Sullivan, seconded by Commr. Blake, and carried by a 4-1 vote, the Board approved to reallocate the $1,676,245 in CARES Act funding allocated to the Lake County School Board as described in this meeting, and to allocate $89,915.84 from the CARES Act funding contingency to the Town of Howey-in-the-Hills, pending staff’s approval of its spend plan.

Commr. Breeden voted no.

Commr. Campione clarified that Commissioner Breeden had voted no because she thought more funding should be given to the school board. She explained that could potentially happen if there was a decision to use contingency funds.

Minutes approval

On a motion by Commr. Sullvian, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the minutes for the BCC meetings of August 11, 2020 (Regular Meeting).

citizen question and comment period

Ms. Sharon Keys, speaking on behalf of the South Lake Alliance and Lincoln Park Impact Committee, commented that her group had a proposal for the City of Clermont Elementary School site, which she noted was due to close in the year 2023. She relayed their desire for this facility to become a community center for the South Lake communities.

Commr. Parks thanked Ms. Keys for all that she was doing, and expressed his support of this effort. He suggested having a presentation which would explain the concept plans for the community center, and share the history, noting that Ms. Keys had recently presented this in the City of Clermont.

Commr. Sullivan commented that maybe CDBG funds might support this, and recalled these had been used previously in the City of Leesburg for a former school site.

Ms. Paula Hoisington, a concerned citizen, expressed her support of the proposal for the City of Clermont Elementary School facility to become a community center; furthermore, she shared the vision for this center to include components for education, employment and entrepreneurship. She asked for the Board to support this effort.

Commr. Parks remarked that he liked the education and jobs component of this.

Mr. Vance Jochim, a Lake County resident, thanked Commissioner Sullivan and Commissioner Breeden for all their service to the county, and acknowledged that Tab 15 in the consent agenda reported a reduction for the Motorola radio contract which saved the county money. He expressed appreciation for the new poll equipment that was utilized in the recent election as he opined it helped the process run smoothly. He also asked for the law library that used to be in the City of Clermont to be reinstituted.

Pastor Michael Watkins, who had been present in the meeting but had to leave, had asked for Commissioner Campione to read a note from him which expressed appreciation for Commissioner Breeden’s service to the county, and for her support of unity within the county.

Mr. David Serdar, a City of Fruitland Park resident, thanked Commissioner Sullivan and Commissioner Breeden for their service, as well as Mr. Sandy Gamble for his work on the Lake County School Board.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Breeden and carried by unanimously 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.

Southwest Florida Water Management District Water Resource Development Program

Request to acknowledge receipt of the proposed 2021 Five-Year Water Resource Development Work Program from the Southwest Florida Water Management District, pursuant to Section 373.536(6)(a)(4), Florida Statutes.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione requested for Tab 14 to be pulled for a separate vote.

Commr. Blake requested for Tab 5 to be pulled for a separate vote.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 29, pulling Tab 5 and Tab 14 for a separate vote, as follows below.

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved Tab 5 of the Consent Agenda.

Commr. Blake voted no.

Commr. Campione stated that she would not vote for approval of Tab 14 since she had voted against the rezoning of that property and this tab was for a developer’s agreement which would facilitate that; therefore, she wanted to be consistent.

On a motion by Commr. Blake, seconded by Commr. Breeden and carried by a vote of 4-1, the Board approved Tab 14 of the Consent Agenda.

Commr. Campione voted no.

PROCLAMATIONS

Request approval of Proclamation 2020-198 designating November 2020 as Veterans Appreciation Month in Lake County, per Commissioner Tim Sullivan.

Request approval of Proclamation 2020-197 designating November 2020 as Hospice Month in Lake County, per Commissioner Sean Parks.

COUNTY ATTORNEY

Request approval for the County Attorney, or designee, to execute the Stipulated Final Judgment in Lake County, Florida v. John G. Nelson, et al., Court Case No. 2019-CA-001236, for the needed right of way for the County Road 455 and Ridgewood Avenue Roundabout Project. The fiscal impact from this action is $107,255.00 (expenditure). Commission District 2.

Request approval and execution of an Amended Agreement with Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. for on-call legal services. The fiscal impact will depend upon the County’s need for these services.

Request approval regarding the following County-owned properties:

1. Accept Offers to Purchase on Alternate Keys 1512689 and 2928956.

2. Donate Alternate Key 1686733 to the City of Tavares and authorize the Chairman to execute associated Resolution 2020-203.

3. Authorize the Chairman to execute any necessary closing documents.

The total fiscal impact is $1,500.00 (revenue). Commission Districts 3 and 5.

Request approval for the County Attorney to execute a letter of engagement with Rissman, Barrett, Hurt, Donahue, McClain & Mangan, P.A. to represent Lake County in Blackwater Creek Wetlands Mitigation, LLC et al. v. Lake County, Florida. The fiscal impact cannot be determined at this time.

HUMAN RESOURCES AND RISK MANAGEMENT

Request approval of an amendment to Policy LCC-72, entitled Worker's Compensation and Property & Liability Claims Settlement, authorizing the Human Resources Director or designee to accept and give all proper releases, or sign any required settlement documents on behalf of the County, when the release or settlement is fully funded by the County's insurance vendors. There is no fiscal impact.

Request approval of a liability claim settlement with Christopher Luhrs. The fiscal impact is estimated at $180,000.00, dependent upon legal fees (expenditure).

AGENCY FOR ECONOMIC PROSPERITY

Request approval of an amendment to the agreement with the University of Central Florida for management of Lake County's Small Business Development Center services. The fiscal impact is $150,000.00 (expenditure). 

Request approval of Declaration of Covenants and Restrictions Estoppel Certification for Lots 35 and 36, Lake County Central Park Phase 2 (Alternate Key 3781716 - 19955 Independence Boulevard, Groveland). There is no fiscal impact.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Request approval:

1. To purchase three Pierce Custom Pumpers from Ten-8 Fire Equipment (Sanford, FL) for Lake County Fire Rescue.

2. Of a budget transfer moving the necessary funds out of the Capital Building account and into the Capital Machinery and Equipment account.

3. To authorize the Director of the Office of Procurement Services to execute all implementing documentation.

The fiscal impact is $1,559,960.00 (expenditure).

Planning and Zoning

Request approval of a Developer Agreement with Sorrento Pines, LLC (Winter Park, FL).  There is no fiscal impact. Commission District 4.

Public Safety

Request approval of a first amendment to the Motorola Solutions Inc., Computer Aided Dispatch System Agreement for Maintenance and Support, and approval for the Director of the Office of Procurement Services to execute any supporting documentation and to approve expenditures over the course of the approved maintenance contract period.

The fiscal impact is a reduction of the service cost from $1,067,864.00 to $873,931.00 (expenditure) and results in a $193,933.00 savings over the five-year term of the contract.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval of Change Orders to Contract 19-0915 with Emmett Sapp Builders, Inc. (Wildwood, FL) adding the following items to the Judicial Center renovations:

1. Upgrading the current intercom system in the amount of $119,593.84.

2. Converting the existing north holding area analog cameras to IP and incorporating them into the Avigilon Camera System in the amount of $34,755.15.

3. Adding five intercom stations in the amount of $7,073.46.

The total fiscal impact is $161,422.45 (expenditure).

Housing and Human Services

Request approval of Contract PPZ60-LBOCC 20-21, Emergency Solutions Grant COVID-19 Agreement with Mid-Florida Homeless Coalition, Inc., and approval of Amendment 0001 to the same contract. The fiscal impact is $183,073.00 (revenue/expenditure - 100 percent grant funded).

Parks and Trails

Request approval:

1. Of Contract 21-0401 with Aero Groundtek, LLC (Ocoee, FL) for Bermuda and Bahia Lawn Maintenance at North Lake Regional Park in Umatilla.

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

The estimated annual fiscal impact is $268,490.00 (expenditure). Commission District 5.

Request approval:

1. Of Contract 21-0402 with Aero Groundtek, LLC (Ocoee, FL) for Bermuda and Bahia Lawn Maintenance at East Lake Sports and Community Complex in Sorrento.

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

The estimated annual fiscal impact is $182,110.00 (expenditure). Commission District 4.

Request approval:

1. Of Contract 21-0403 with Aero Groundtek, LLC (Ocoee, FL) for Bermuda and Bahia Lawn Maintenance at the Minneola Athletic Complex in Minneola.

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

The estimated annual fiscal impact is $172,585.00 (expenditure). Commission District 2.

Request approval:

1. Of Contract 21-0404 with Aero Groundtek, LLC (Ocoee, FL) for Bermuda and Bahia Lawn Maintenance at P.E.A.R. Park in Leesburg.

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

The estimated annual fiscal impact is $76,010.00 (expenditure). Commission District 3.

Request approval of a budget transfer in the amount of $80,000.00 for capital improvements at the Ellis Acres Nature Center. There is no fiscal impact. Commission District 5.

Public Works

Request approval of Contracts 20-0528 with Davey Resource Group, Inc. (Winter Park, FL) and Miller Legg and Associates, Inc. (Ft. Lauderdale, FL), to conduct arborist services. The estimated annual fiscal impact is $37,500.00 (expenditure).

Request approval of a Maintenance Agreement for a multi-purpose trail and a water main being constructed for the Holden Ridge subdivision in the City of Minneola. There is no fiscal impact. Commission District 2.

Request approval to release a maintenance bond of $65,943.55 that was provided for the maintenance of improvements in Serenoa Village 1 Phase 1A2, located south of Clermont. There is no fiscal impact. Commission District 1.

Request approval to:

1. Accept the final plat for Palisades Phase 3D, and all areas dedicated to the public as shown on the Palisades Phase 3D final plat, located in Groveland.

2. Execute a Developer's Agreement for Construction of Improvements with Canam Palisades Ltd. (Clermont, FL).

3. Accept $106,648.58 from Canam Palisades as security.

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

Request approval of Contract 21-0502 with Commercial Industrial Corp. (Ocala, FL) for the County Road 466A, Phase 3B Pond #4, construction project. The fiscal impact is $1,098,793.95 (expenditure of $774,396.97 in grant funding and $324,396.98 in County funding). Commission District 5.

Request approval of Resolution 2020-204 designating roads and streets as appropriate for the operation of golf carts within the Silver Lake community in the Leesburg area. The fiscal impact is $500.00 (expenditure - sign materials). Commission District 3.

Request approval to advertise an ordinance amending Lake County Code, Chapter 23, Section 23-23, entitled Yard Trash, to modify the amount of yard trash collected in order to be consistent with the County’s approved vendor collection agreements. There is no fiscal impact.

lake county Workforce housing strategic plan presentation

Commr. Campione introduced Mr. Kent Adcock, President and Chief Executive Officer (CEO) of Habitat for Humanity of Lake-Sumter, who would be speaking on behalf of The Lake 100 regarding their Workforce Housing Strategic Plan.

Mr. Adcock thanked the Board for their leadership over the past year during such difficult times. He relayed that The Lake 100 had been working on creating a strategic plan for housing, noting that it started off as an attainable housing plan; however, once they began conducting surveys, interviews, and focus groups, they had narrowed it to workforce housing, especially since the County already did a great job with affordable housing. He indicated that they utilized historical data from a variety of areas which revealed that workforce housing was a problem area for the county because in terms of economic development, the county needed more housing for the workforce. He displayed a housing continuum and noted that workforce housing represented 80 to 120 percent of the area median income (AMI) and reflected people who generally earned between $41,600 to $62,400 a year. He remarked that based on the affordability calculator, these were individuals who could afford to purchase a single family home in the range of $133,000 to $234,000. He commented that the challenge was that new housing for Lake County began at $234,000; additionally, there was some subsidy available for the two extremes of the housing continuum of affordable housing and market rate housing, but not for the middle area of workforce housing. He gave examples of workforce housing occupations such as educators, healthcare, fire, police, EMS and utility workers, public and private sector service workers, and entry level employees for Kroger and Amazon. He opined that if the county was going to attract more businesses like Amazon and Kroger, then the county needed to find a way to build housing in the middle ground of workforce. He said that this was what the strategic plan focused on, and then shared the following major points of the plan: stay away from revamping the Affordable Housing Local Housing Assistance Plan (LHAP); create a similar LHAP for workforce housing: create a residency process or program to reward in-county workers; and establish a public/private partnership to create housing access and opportunity by administering a creative and innovative plan. He shared that a possible way to address this plan would be to create a Coalition for Housing and Economic Development (CHED) with the following guidelines: to be a 501(c)3 collaborative stakeholder body; to be composed of 13 representatives from The Lake 100, County, several municipalities, and business and community leaders; to develop strategy, policy and governance while holding task teams accountable to address research attributes; and to establish a public/private partnership to create housing access and opportunity by administering a creative and innovative plan. He indicated that his group was looking for Board permission to unleash the creativity and innovation of major thought leaders in the community to be a part of this, with representation from the County, the municipalities and the business community in order to provide access and opportunity for the workforce.

Commr. Parks thanked Mr. Adcock and The Lake 100 for all their work on this. He expressed support to move forward and establish the Coalition for Housing and Economic Development.

Commr. Sullivan commented that he was the chairman of The Lake 100 and believed that this proposal laid out a roadmap to solve the issue of workforce housing in Lake County, noting that this was one of the concerns of Kroger employees. He thought this plan worked with the Board’s desire for the county to develop economically.

Commr. Campione agreed that it was important to get the Cities involved since they had the water and sewer capability, and to work together to take this plan into action. She emphasized the point in the presentation to focus on in-county workers who work in the county and not to become more of a bedroom community than what the county might already be, especially in South Lake. She remarked that this was about accommodating the needs of their businesses and to make sure Lake County residents had the opportunity for permanent housing.

Mr. Adcock indicated that was the intent behind the creation of the residency program as well as one of the pivotal foundational principles, noting that the way it was structured would allow that to be accomplished.

Commr. Parks liked that this would be a mix of stakeholder representation.

Commr. Breeden appreciated all the efforts and opined the product was excellent. She asked if they needed the Board’s acceptance and approval of the plan in order to move forward.

Mr. Adcock responded that they needed Board support to move forward, and that it would be greatly appreciated to have the Board’s acceptance and endorsement of the plan. He recalled that the Board had commissioned The Lake 100 to perform the study, and this was the direction they felt was most warranted. He explained that this proposal document had only been shared with the BCC, the County Manager and a few of The Lake 100 members, but not all of its members yet until it had been presented to the BCC. He said if the Board approved this, they had a team ready to quickly move forward with the plan.

Commr. Parks summarized that the Board could vote to accept this report, and then for the action to move forward with setting up the CHED.

Commr. Campione asked the County Attorney that as far as approving this plan, did it need merely Board consensus or endorsement.

Ms. Melanie Marsh, County Attorney, replied that the Board could address it by consensus or a motion.

Commr. Blake appreciated the presentation, and wanted to make sure that government did not slow down the process; rather, that the private sector would drive it.

Mr. Adcock remarked that they were glad the Board gave the direction that it did not want the County to be the leading agent as the private sector could probably be more nimble. He asked who wanted to be the representative from the BCC on the CHED. He mentioned that several City leaders had reached out to show interest in being a part of it, and noted that business leaders would be heavily leveraged in this. He said their desire was to do this in a manner that was creative and innovative without having to use government funding to accomplish it.

Commr. Breeden suggested waiting for a future BCC meeting since Commissioners would be changing.

On a motion by Commr. Sullivan, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved moving forward with the Workforce Housing Strategic Plan as presented, and for the creation of a Coalition for Housing and Economic Development (CHED).

Mr. Adcock thanked the Board for their endorsement and support.

recess and reassembly

The Chairman called a recess at 12:20 p.m. for ten minutes.

public hearings: REZONING

rezoning consent agenda

Mr. Tim McClendon, Director for the Office of Planning and Zoning, displayed the advertisements for that day’s rezoning cases on the overhead monitor in accordance with the Florida Statutes. He commented that these cases were heard by the Planning and Zoning Board on November 4, 2020, and that they were unanimously recommended for approval. He gave kudos to his staff for their ability to prepare these cases for the Board in a short timeframe. He relayed that he had prepared a memorandum for both Tab 5 and Tab 6, which contained minor clarifications to the ordinances for those tabs. He stated that staff would request that the Board accept the Planning and Zoning Board recommendation and approve Tabs 1 through 6, along with the proposed changes noted in the memorandums.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding any cases on the Rezoning Consent Agenda, the Chairman closed the public hearing.

Commr. Campione requested for Tab 5 to have a separate vote since she indicated that she was filing form 8B, a memorandum of voting conflict for county, municipal and other local public officers, due to a conflict for this case.

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tabs 1, 2, 3, 4 and 6, as follows below.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried by a vote of 4-0, the Board approved Tab 5 on the Rezoning Consent Agenda.

Commr. Campione abstained from voting.

Tab 1. Ordinance 2020-67

Rezoning Case # RZ-20-27-4

Thrill Hill Properties 101 LLC Rezoning

Rezone 0.53 +/- acres of property from Agriculture (A) to Planned Commercial (CP), to create a CP zoning district for mixed-uses of storage/warehouse, commercial, and office uses.

Tab 2. Ordinance 2020-68

Rezoning Case # RZ-20-01-4

Skymark 3505, LLC

Amend Planned Commercial District (CP) Ordinance #1997-95 to add Neighborhood Commercial District (C-1) and Community Commercial District (C-2) uses and approval consideration of central sewer system connection waiver.

Tab 3. Ordinance 2020-69

Rezoning Case # RZ-20-26-4

Serrano Property

To rezone 0.19 +/- acres from Neighborhood Commercial District (C-1) to Urban Residential District (R-6) for residential development.

Tab 4. Ordinance 2020-70

Rezoning Case # RZ-20-28-5

Clifton Property Rezoning Amendment

Rezone a portion of Public Facility District (PFD) approved under Ordinance 1985-82 consisting of 9.63+/- acres to Agriculture (A).

Tab 5. Ordinance 2020-71

Rezoning Case # RZ-20-31-4

Lake Swatara PUD Amendment

Amend Planned Unit Development (PUD) Ordinance #2008-43 to extend the central water connection waiver, specify Tract B development and to include additional uses; non-intensive agriculture and agriculture use, non-home occupation business, bed and breakfast home, event venue use (50-guests, maximum), and passive recreation.

Tab 6 Ordinance 2020-72

Rezoning Case # MCUP-20-03-5

Lisbon Sand-Dura Stress Mining Conditional Use Permit (MCUP)

Mining conditional use approval for sand mining and sand processing plant use on Agriculture and Heavy Industrial (HM) zoned properties.

public hearing: challenger drive and lenze drive msbu

Mr. Fred Schneider, Public Works Director, remarked that the purpose of this agenda item was to have a public hearing to authorize the Challenger Drive and Lenze Drive municipal service benefit unit (MSBU) Project 2020-01, to award the construction of the project, and to encumber and expend funds. He then presented these background details: in 2017 and prior, residents approached the County about paving Challenger Drive and Lenze Drive in the Sunset Groves subdivision; on August 8, 2017, the Board discussed an MSBU assessment process for funding of large lot subdivisions such as the Sunset Groves and approved advertising the MSBU ordinance; on October 10, 2017, the Board adopted Resolution 2017-47 amending the special assessment process to allow for an MSBU assessment procedure; and in January 2018, the Sunset Groves residents petitioned for an MSBU to be established for the paving of Challenger Drive and Lenze Drive and to bring the roads into the County maintenance system, noting that this project was designed in-house by public works staff and the cost of that was not being charged to the residents. He explained that typically they had done special assessments for road paving such that the owners along the roadway paid a share of the costs to bring the road into the system. He said it was difficult for people who lived on large lots to afford the costs of paving a dirt road on a special assessment system; therefore, back in the 2017/2018 timeframe, the BCC discussed how could it be accomplished if some of the residents wanted roads to be paved. He indicated that because of this, the MSBU program was approved which addressed areas and not merely residents along a roadway; furthermore, whether someone lived on the roadway or not, an MSBU would be assessed to all properties identified that would benefit from paving a roadway. He then explained the MSBU process as follows: property owners would contact the County with a request to pave a non-County maintained roadway to County standards, noting that there needed to be sufficient right-of-way on a roadway; staff would prepare the estimated costs and petitions and would identify a neighborhood champion to discuss with property owners regarding their support; this champion would then provide the signed petitions back to the County, noting that the County needed at least 55 percent of property owners within the MSBU; then came Board approval of a project and a funding source identified, noting that in this case it was out of the gas tax to upfront the cost of the project; the Board shared in the cost of the project with 55 percent for collector roads, and 33 percent for local roads; assessments were due within 30 days after Board acceptance into the County maintenance system, which occurred after construction and could be nine months to a year; and if assessments were not paid within the 30 days, then they would be placed on the tax bill as an MSBU, the interest rate is established at prime plus two percent, and is payable in annual installments for a period of ten years. He relayed that for this project, they would be constructing 4,400 feet of new paved road on Challenger Drive, 2,700 feet of new paved road on Lenze Drive, and resurfacing existing County maintained segments of Lenze Drive and Shirley Shores Road, noting that this resurfacing was not being charged to the MSBU but would be out of the sales tax funding. He then displayed a map showing the area, which roads would be paved, locations for the placement of speed tables, and the overall MSBU area. He reported some specific dates relating to this project as follows: in January 2018, 57 percent positive petitions were received; on March 17, 2020, the Public Works Department advertised for bids with only one bid being received, noting that the longer timeframe between these dates was due to some right-of-way issues discovered during design; the County added some additional resurfacing projects in order to attract more bids, and on August 11, 2020, the Public Works Department re-advertised for bids and opened for bids on September 18, 2020; there was an approximate $13,000 difference in the general cost for the MSBU between the first and second bid, so the County would cover this difference through the gas tax and it would not be charged to the owners; this current meeting on November 10, 2020 was the public hearing for the MSBU and contract award; on December 8, 2020, a resolution would come before the Board for acceptance of the MSBU; and the likely timeframe for the notice to proceed would be on January 1, 2021 with construction completed by December 31, 2021. He indicated that the public had been properly notified of the public hearing. He also displayed a chart breakdown of the project paving costs, and reported that the total MSBU Challenger Drive and Lenze Drive bid was $1,251,727.32, the owner’s share would be $625,863.66, with 122 parcels the resident’s share would be $5,130.03, and each parcel’s estimated annual charge would be $513. He explained that when the petitions were first sent out, there was approximately an additional ten or eleven parcels; however, since that time, some of the owners had unified title so there were less parcels currently which caused the cost per parcel to increase. He elaborated that the County would be covering all of the resurfacing at $322,639.26 of the bid, the additional cost covered by the County from the second bid of $13,350.90, and the County’s MSBU share of $625,863.66; furthermore, the Board up fronted all of the costs through the gas tax and then 50 percent would be returned over the next ten years through payment from an owner or assessment. He mentioned that staff had received six emails over the last few days, with one being positive for the project and five being against it, noting that these emails had been provided to the Board.

Commr. Campione shared that when this process first started many years ago, she would receive photographs on a regular basis of what the roads looked like as well as hear from residents regarding these roads.

Mr. Schneider then briefly relayed the highlights of these letters as follows: Mr. Norman Campbell voted in favor of paving since it would benefit school children and emergency access to homes; John and Lisa Wilson on Discovery Road had questions which were answered by staff, and they desired for new petitions to be administered to see if support had changed; he noted that some property owners had changed hands which added an additional eight owners in favor which placed the project at 59 percent approval; Adrianna and Sean Brinker on Discovery Road did not want to see the roads paved but to remain dirt roads, and they requested a new vote from residents before agreements were made; Jason Phillips on Discovery Road did not support this project and expressed concerns for speeding and the cost to home owners; James Spears on Columbia Road was in opposition to the project; and Stacie Clark had several questions which were addressed.

The Chairman opened the public hearing.

Ms. Anne Keller, a resident in the Challenger Drive area, remarked that she had assisted the County with sharing information and support about this project with the neighbors; furthermore, she indicated that neighbors in support of this project had attempted for over 20 years to get it paved. She then displayed several pictures of the dirt roads flooded, and relayed that 59 percent of the residents wanted to have the road paved. She expressed concerns for the effects of these roads on neighbors’ cars, and that they can be un-drivable at times. She asked for the Board to vote in favor of this project.

Ms. Natalie Davidson, a concerned citizen, displayed several pictures of the road and expressed concerns for pot holes in the road, and for the challenges of navigating the road when it was flooded.

Mr. Jochim said he sympathized with residents in the area; however, he expressed concerns for the amount of funding for this project that would come out of County taxes as he opined this was not appropriate.

Commr. Breeden explained that the way the MSBU ordinance was written, it specified the percentage that the homeowners would participate in and the percentage for the County costs. She said the reason it was more than 50 percent was because the Public Works Department had added in some extra resurfacing for Shirley Shores Road which was not part of the project nor within the MSBU, noting this was the $322,639.26 on the cost chart.

Commr. Campione elaborated that this was rolled into the contract to obtain economies of scale by putting it into the contract but not having it part of the MSBU. She clarified that since the Florida Statute went into effect which allowed for special assessments, this was a similar process throughout Lake County by which residents could ask for paving projects and it would be shared between homeowners and the County. She remarked that this was the way things had been done for years as a way to get clay roads paved, which cost the County a lot to maintain; furthermore, once paved, it saved the taxpayers money over time. She opined that what might look like a large upfront cost, in the long run, actually saved taxpayer dollars. She relayed that what was being done differently here was the use of an MSBU as opposed to a special assessment, because it was able to make it more equitable.

Ms. Robin Phillips, a resident on Discovery Road, said she wanted the rural area and did not feel like she should have to pay for the paving of Challenger Road. She opined that people who had lived in the area for years did not want this, and she expressed concerns for the cost. She asked for a new petition to be sent to the neighbors as she did not feel that everyone was represented in the first one.

Ms. Christine Heisey, a resident of the Challenger Drive area for almost 30 years, shared her support of the project.

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

Mr. Schneider relayed the following requested Board actions for this item: authorize the Municipal Service Benefit Unit No. MSBU-1, Bid No. 20-0520 for Challenger Drive and Lenze Drive; adopt and execute an ordinance to establish an MSBU for the provision of roadway improvements, specifically paving to County standards of and to Challenger Drive and Lenze Drive located in the Sunset Groves subdivision; execute interlocal agreements between Lake County, the Lake County Property Appraiser, and the Lake County Tax Collector for the Challenger Drive and Lenze Drive MSBU; and award the MSBU-1 Challenger Drive and Lenze Drive paving project and the resurfacing of Lenze Drive and Shirley Shores Road to Atlantic Civil Construction Corporation.

Commr. Campione inquired if there was a buildable parcel that was identified, would it get its own assessment.

Mr. Schneider replied that was correct if it was a parcel with an alternate key number and was buildable as a separate parcel.

Commr. Campione expressed her desire to ensure that any parcel being charged this fee would be a usable, buildable parcel so that it would be allowed to obtain a building permit in the future if an owner wanted to build on it. She also asked about those owners joining two lots under a unity of title to bring their assessment down, if they would lose their ability to build on the extra lot.

Mr. Schneider indicated that a number of owners unified lots so instead of two or three lots, they had one parcel; therefore, there were less parcels.

Commr. Campione commented that the downside to that was that the owner gave up the right to use that as an individual parcel if they ever wanted to build on it or sell it to someone.

Commr. Breeden stated this was in her district and that she had visited the area with Mr. Schneider. She indicated that the road was dry when they were there and was difficult to navigate; additionally, she realized this had been an area of concern for many years. She thought this was the best option and moved for approval of this agenda item and the four requested actions.

Ms. Marsh remarked that since this was an ordinance, she wanted to read the ordinance title and number prior to the motion. She then placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; ESTABLISHING THE CHALLENGER DRIVE AND LENZE DRIVE MUNICIPAL SERVICE BENEFIT UNIT FOR ROAD IMPROVEMENTS; PROVIDING THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS WITH THE AUTHORITY TO LEVY AND COLLECT SPECIAL ASSESSMENTS AND SERVICE CHARGES WITHIN THE CHALLENGER DRIVE AND LENZE DRIVE MUNICIPAL SERVICE BENEFIT UNIT; CREATING A NEW SECTION 20-1 (23), LAKE COUNTY CODE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. March indicated that if approved at this meeting, it would become Ordinance 2020-66.

Commr. Campione opined that it was difficult to establish these assessments when there was not 100 percent support; however, when considering the added costs to the residents versus the part being paid by the County, she thought that over time the value that would be added to those parcels would pay for itself by making them safer and protecting from the need for vehicle repairs. She understood that there were some who were against it and it was being imposed on them, but on the other side there were those who had worked hard to bring something that would benefit the community as a whole, make it safer, and ultimately enhance their values.

On a motion by Commr. Breeden, seconded by Commr. Sullivan and carried by a vote of 4-1, the Board approved Ordinance 2020-66, establishing a Municipal Service Benefit Unit (MSBU) for the provision of roadway improvements, specifically paving to County standards, of and to Challenger Drive and Lenze Drive, located in the Sunset Groves Subdivision.

Commr. Blake voted no.

reports

county MAnager

county offices closed for veterans day

Mr. Cole announced that all County Offices would be closed the following day in observance of the Veterans Day holiday.

change to Board of county commissioners meeting schedule

Mr. Cole reminded everyone that there would be a BCC meeting on November 17, 2020 with the meeting scheduled for November 24, 2020 being cancelled.

appreciation to board

Mr. Cole thanked Commissioner Breeden for her kind words regarding him earlier in the meeting as well as Commissioner Campione for comments made during the State of the County video. He stated it had been an honor to serve as the County Manager, and recognized the Board for giving him this opportunity. He acknowledged that his success was due to the latitude given to him by the Board which empowered him to work with the County’s amazing staff to achieve so much over the past few years. He thanked each Commissioner for their support.

commissioners reports

commissioner sullivan – district 1

appreciation for support

Commr. Sullivan thanked Mr. Cole for his comments, and for all the support from County staff and fellow Commissioners.

proclamation 2020-198

Commr. Sullivan mentioned that Proclamation 2020-198 designating November 2020 as Veterans Appreciation Month in Lake County had been approved as a part of this meeting’s consent agenda, noting this was for the 40,000 veterans which were members of the Lake County community. He relayed that this year marked the 75th anniversary of the end of World War II in which the United States had eight million individuals serving in uniform. He shared that he would be speaking at the City of Mount Dora Veterans of Foreign Wars (VFW) and American Legion the following morning.

Commr. Campione expressed appreciation to Commissioner Sullivan for his service to the country and to this community.

commissioner parks – district 2

employee merit raises

Commr. Parks recalled Commissioner Breeden’s request at the previous BCC meeting regarding providing performance based raises to County employees based on the County Manager’s proposal, which he had presented earlier in the year, to achieve this through savings from the healthcare program, noting that this was a very innovative approach by Mr. Cole. He mentioned that at this time, since conditions had changed and the County had recently received funding back from the Constitutional Officers, he would support the pay proposal which Mr. Cole had submitted to the Board, to be effective the first pay period of the second quarter. He thanked Commissioner Breeden for bringing this up at the last meeting. He understood the need to be sensitive due to current times; however, he thought this would send a message of support to staff and would encourage them to keep striving for efficiencies.

Commr. Breeden thanked Commissioner Parks for considering this, and expressed her continued support of it.

Commr. Campione asked if the Board could vote on this without it being an agenda item.

Ms. Marsh replied that it was not something the Board would need to vote on as it was already in the budget, and it was a County Manager function to implement that program.

Commr. Campione explained that the program the County Manager had described to the Board was essentially using savings from the health insurance fund and was money that was set aside for that purpose and could be used for merit increases. She expressed appreciation for Mr. Cole’s innovative approach to being able to accomplish this, noting that other agencies had also done this.

Commr. Parks pointed out that this was merit based, and was not a percentage increase for everyone.

Commr. Breeden remarked that this same fund would cover merit increases for Constitutional Officers, except for the Lake County Sheriff’s Office since budget raises had been done for his staff.

Commr. Parks made a motion to approve the County Manager’s budget request for staff pay raises based off of merit, per Mr. Cole’s memorandum, to be effective the first pay period of quarter two.

Commr. Breeden seconded the motion.

Commr. Sullivan also relayed his support of this. He commented that while they originally were unsure of the budget due to the pandemic, he thought it was the right thing to do at this point. He recalled the previous salary study which indicated the County’s pay was behind when compared to other peers.

Commr. Blake said he did not think a motion was needed as there was Board consensus for this.

Commr. Campione relayed the Board’s consensus to move forward with Mr. Cole’s memorandum regarding merit increases.

resolution 2020-205 in support of Florida association of counties

Commr. Parks recalled that the expansion of the Tourist Development Tax (TDT) for use on feasibility studies had been removed from the County’s legislative priorities, and that this item was for a resolution in support of the Florida Association of Counties (FAC) adopting a policy statement to expand the use of TDT for feasibility and project, development, and environment (PD&E) studies for trails. He noted that this did not mean that TDT had to be used for these studies for trails but merely provided the option to which legislatively was not currently permissible on the capital side, noting that this was not interfering with anything collected for promotion and business development. He conveyed that the Cities had also requested for a resolution to be drafted that they could utilize and adopt as well.

Commr. Breeden said she would be fine with a resolution in support of the FAC working on this; however, she was still not in favor of it being a legislative position for the Board.

Commr. Sullivan commented that the Tourist Development Council (TDC) was merely an advisory board and that whatever they might authorize, the BCC was still in control of funding. He gave the example of how the TDC recommended for a specific amount to be spent on docks, and the BCC approved a higher amount.

Commr. Campione summarized that this would be a way to support the FAC, and that the FAC would advocate this for the Florida Statute to change; furthermore, if the statute was changed, this would give Lake County an option to do this in the future as they currently did not have that option based on current legislation.

Commr. Sullivan opined it would give the County more control of the money collected in the county and for the use of the TDT funding.

Commr. Parks added that this resolution could be provided to the Cities to use as a template.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried by a vote of 4-1, the Board approved Resolution 2020-205 in support of the Florida Association of Counties adopting a policy statement to expand the use of the Tourist Development Tax for feasibility studies.

Commr. Blake voted no.

recognition of commissioners sullivan and breeden

Commr. Parks thanked Commissioner Breeden for her service, and expressed fond memories of his time working with her both as a staff member and a Commissioner. He also recognized Commissioner Sullivan for his service and the many good policy decisions he had supported.

commissioner breeden – district 3

appreciation for support

Commr. Breeden expressed appreciation for her time working with Mr. Cole, acknowledged his leadership plan and the great work he had done for the county, and wished him well on the next phase of his life. She also thanked Ms. Marsh, the Commission and County staff for being such a great group of people to work with.

self-contained breathing apparatus units

Commr. Breeden recalled that a few weeks prior, Mr. Cole had informed the Board that for the second year in a row, the County did not receive the grant for the self-contained breathing apparatus units for the Office of Fire Rescue. She opined that the current ones were in bad condition and that she thought they should not wait another year to obtain new ones; rather, they should look for funding to begin obtaining new ones. She understood there was a legislative priority for these units; however, she expressed concerns for possible State budget restraints in the next year. She indicated that when she first discussed this with Mr. Cole, they did not think there would be funding available in the Infrastructure Sales Tax fund; however, she relayed that there was $250,000 available in this fund. She stated a desire to utilize at least this $250,000, or even a possible additional $500,000, to get started on this project.

Commr. Blake asked for clarification that there was $250,000 from Infrastructure Sales Tax, and that this was separate from that, for a total of $750,000 to go toward the units, and Commissioner Breeden confirmed this.

Commr. Campione asked for clarification that the $250,000 in the Infrastructure Sales Tax funding had already been allocated for this item.

Commr. Breeden confirmed that it had, and said that another option would be to add $250,000 to make it $500,000.

Commr. Campione indicated that the firefighters could not do training without these units, and that the current ones were too old to utilize for training.

Commr. Parks inquired if there was a way to be compensated by trying again for the grant.

Commr. Campione asked if it could be considered a match as they continued to ask the legislature for assistance.

Commr. Breeden indicated that they would apply again for the federal grant but the County would not know for a year whether it was received. She reiterated her support to take some partial action with the possibility to receive the grant or legislative appropriation.

Commr. Blake asked for clarification that if they approved $500,000 plus the $250,000, how many self-contained breathing apparatus units that would provide. He asked if the 206 units mentioned in the agenda item was the goal.

Chief Jim Dickerson, Director for the Office of Fire Rescue, responded that they cost about $7,200 a pack, and that it was difficult to partially replace them because this would mean there were two different systems which would not work together. He mentioned that since they were close to receiving the last grant, they had a webinar with the Florida Emergency Management Agency (FEMA) in reference to this, and staff inquired that if they had additional funding available, could they apply for the grant and use the additional grant funding along with the available funding to meet the full funding need. He remarked that FEMA indicated that was a favorable course of action to show the County was submitting funding toward the project, which they noted would actually give the County more points towards obtaining the grant.

Mr. Cole explained that if the Board took the $250,000 in sales tax, plus if they added an additional $500,000, then that would leave a balance needed of $1,128,813.

Commr. Campione asked to confirm that when the County applied and did not receive the grant the last two times they applied, the County did not show a match.

Chief Dickerson replied that they did not. He explained that the FEMA grant utilized a computer scoring and that two years ago, Lake County did not make it past the computer scoring; however, this year they did get past the computer scoring and made it to the panel review, which he opined was good. He indicated that the match which came with the grant was at ten percent, noting that the County would have to supply that ten percent, which he said was less than what they were requesting.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to allocate $500,000 in fiscal year 2021 General Fund Reserves to assist in the purchase of 206 self-contained breathing apparatus units and the related equipment and supplies for the Office of Fire Rescue.

commissioner blake – district 5

recognition of commissioners sullivan and breeden

Commr. Blake shared what an honor it had been to serve with Commissioner Sullivan and Commissioner Breeden. He appreciated the depth of policy experience that Commissioner Sullivan had, was thankful for what he had learned from him, and looked forward to assisting with The Lake 100 priorities. He expressed the same for Commissioner Breeden, and opined she was one of the sweetest persons he had met, and that he was thankful for her friendship. He thanked them both for all they had accomplished on the County Commission.

commissioner CAMPIONE – district 4

eustis annexation of property

Commr. Campione recalled that a few weeks prior, the Board had received many emails from residents in the Thrill Hill Road and Lake May Reserve area who were upset about the proposed annexation by the City of Eustis which went outside the boundaries of the joint planning area (JPA) and went over a County park. She explained that the Board had discussed this and the consensus was to send a letter to the City of Eustis asking if the City would engage with the County and perform joint planning in order to establish an overall master plan to address the concerns of residents in that area, to maintain the character of the area, and to possibly find some compatibility through planning. She relayed that she had attended the Eustis City Commission meeting the previous Thursday at the request of residents to speak on their behalf regarding a zoning case and issues on Bates Avenue and Estes Road. She indicated that at that meeting, when the City Attorney brought up the County’s request to engage in joint planning over the Thrill Hill Road annexation, the Eustis City Commission immediately said they were not interested in postponing the case in order to work with the County on finding common ground. She then proposed the possibility for the County to convey a portion of the Lake May Reserve Park since it was this park that was being utilized to create a reported contiguity between the city boundary. She explained that the park was purchased to be a conservation area, that it was very rural in this area, and that if that property was not there, there would be a gap between where the city limits were, which were on north County Road (CR) 44A. She said the property that was adjacent to north CR 44A was a pasture and the owner of the property had been attempting to obtain an agricultural conservation designation which would actually put a conservation easement in perpetuity on that property so that it would always be used for agricultural purposes and not be developed. She stressed that this property was not a subdivision or commercial use. She relayed her desire to convey a small tract of property on the east boundary of the County park to a nonprofit that engages in conservation, with the County still having responsibility for land management and such. She opined that the point was that the City would not work with the County nor residents. She stated there were ways to incrementally annex and opined that over time that would happen and growth would occur; however, the two issues she had were that a County park was being used to annex property that was far outside the bounds of any urban type uses, and the City would not work with the County to bring the county residents and the City’s vision together. She indicated that unincorporated residents were not against growth; rather, that what they had in the area was special and they wanted a way to blend the uses in order to protect their way of life and accommodate future growth by the City of Eustis. She said that was what joint planning was about, and opined they could not get to that point unless the City had changed their position, which she said did not seem to be their desire at the Thursday meeting.

Commr. Campione then opened the floor for public comment since there were individuals in the audience who had filled out speaker comment cards.

Ms. Patricia Duncan, a resident of Eldorado Lake Drive in the City of Eustis, expressed concerns regarding growth and development in their area and the lack of the City’s response. She relayed that her property was adjacent to Lake May, that she was aware of the abundance of open space and wildlife that lived there, and that this land was purchased by the County with the intent, she believed, to try and maintain the beauty and rural nature of the area. She opined that they were obligated to protect this area, and that by conveying a portion of this preserve to a nonprofit entity, this was a positive step in protecting this resource for the present and the future.

Ms. Alison Yurko, a land use attorney representing several residents from that area, stated that she supported the County’s decision, and that the residents were thankful the County was becoming involved in this matter. She indicated that she had attended the previous BCC meeting in which this matter was discussed, at which she said it was discussed that the Florida Statute required continuity and compactness. She displayed a map of the proposed annex area, and commented that residents were concerned that more properties would be added to this and that the City might go outside of the JPA. She opined that the density implications for this were concerning, and that there were also concerns for permitting this level of density without an actual development plan. She questioned the impacts to the County if this were to be annexed, such as road improvements, drainage, police and fire services, water and sewer, etc. She said the JPA should be utilized, and expressed support from the residents for the Board’s efforts.

Ms. Cecilia Bonifay, attorney representing Five Cranes, LLC, stated that Five Cranes, LLC was the applicant for the annexation that was the issue with this tab. She clarified that she had previously performed work for the City of Eustis but was not representing the City at this meeting. She opined that this item was merely a method to stop the annexation, and that the Florida Statute allowed for a County park to be jumped over for annexation. She relayed that her client had already been through a first reading and had a pending application, and she opined that her client’s property rights were being taken at this point by attempting to give a portion of a County park to an unnamed nonprofit group. She expressed concerns for this. She did not think that the City said they did not want to work with the County, but merely said they wanted to govern themselves and represent the citizens of the City of Eustis and not be questioned on their actions. She indicated that the City of Eustis had a form based code, with maximums and no guarantees; furthermore, they were the ones supplying the utilities, which she opined they could not provide if there were densities of one unit per five acres or one unit per one acre, noting that was the reason there were annexations. She hoped that the County and the City could work together, especially since her client had a contract for purchase on his property and felt his property rights were not being served.

Commr. Campione recalled that at the previous BCC meeting, the Board had discussed that they were uncertain if legally the 199 feet would even meet the statutory requirements for contiguity; therefore, the idea was that if the County was able to deed this small portion of the park, then they would not be in a situation of actually having to bring legal action if the County wanted to challenge the contiguity. She said the concern from a resident standpoint was that they did not have legal standing to challenge a decision by the City to move forward with something that did not meet the statute, noting that the County would have to do that; furthermore, the residents had asked the County to represent their interest in challenging the contiguity. She indicated that the County attempted to not go down that road by trying to accomplish joint planning, but opined the City was not interested in doing that. She remarked that this item was a way to not use the County park to proceed, a way to avoid litigation, and a way to not have to litigate over contiguity if the Board was willing to challenge it. She opined it was an interesting situation, and that the property owners in this area had rights too, noting that the residents were asking the County to help them preserve their investments and quality of life. She remarked that when one person proposes selling their land for five units per acre, then the right thing to do is to look at everyone else’s property rights, noting that the statute was set because the legislature set parameters in place for how annexations would happen. She opined that in reviewing it, and based on what the case law said, it did not seem like the City met contiguity; however, if the City moved forward, then the County would have to challenge it in court unless the County deeds a portion of the park to a nonprofit.

Commr. Parks relayed that he understood the concerns expressed by Commissioner Campione and that he saw problems with the statutes when it came to the City’s annexation. He understood that the County would be the one representing unincorporated residents. He commented that what he was struggling with was that he did not hear the City saying they refused to talk with the County about the JPA, noting that redoing the JPA was extremely important to him. He indicated that Eustis City Council members which he had talked to expressed interest in a JPA with the County. He commented that a face-to-face meeting with the City would be better.

Commr. Campione agreed but reiterated her concerns that what she witnessed at the Eustis City Council meeting was that when the attorney brought up the request by the County to perform joint planning, the council said no to this request. She opined that the City was not willing to come to the table to discuss.

Commr. Breeden inquired that if the County went this route and an entity was selected, what liability would fall on that organization.

Ms. Marsh requested for the approved site plan for this property to be displayed. She remarked that there were not measurements on the map, but said that the County could probably do a 25 foot strip which would not impact what the County was doing on that part; therefore, the entity would not have any liability for that. She stated there would be an agreement with the entity so the County would maintain it, but emphasized there was nothing within the segment of land, such as public access, and identified that there was just a circular driveway on the displayed map.

Commr. Breeden asked if 25 feet would not touch the driveway.

Ms. Marsh reiterated that there were not measurements on this site plan displayed; however, she did not believe it would.

Commr. Sullivan asked what the JPA map covered.

Commr. Campione referenced the map displayed earlier in the meeting, and replied that it ran down Thrill Hill Road.

Ms. Marsh responded that the boundary for the current JPA was Thrill Hill Road, noting that there was one parcel to the right of Thrill Hill Road on the map that was outside of the current JPA boundary.

Commr. Sullivan expressed concerns that many years prior, he had proposed to spend $200,000 on the Lake County Comprehensive Plan (Comp Plan) in order to settle these planning issues on the front end, noting that the County did not do this. He indicated that it was currently being done piece by piece, which he opined was an inefficient way to do it. He relayed concerns for deeding property to a nonprofit that was paid for by taxpayer dollars, which he thought the County bought years prior. He opined that the best solution would be for the City of Eustis to come to the table to discuss the JPA. He said he shared the concerns of the county residents, noting that he was in that area quite often visiting family. He commented that he was almost to the point of suggesting that this be taken to court, although he said that he did not want to do that; additionally, he opined that it did not make sense that two governmental entities could not discuss future plans. He indicated that he knew the people attempting to develop this and opined they were good people and were not out of town developers attempting to purchase cheap property to make money on it.

Commr. Campione noted that they were selling to developers and that was the concern. She remarked that regarding the City of Eustis land use designations, they had the one unit to one acre, and then they jumped to the up to five units per acre, noting this came up with the East Crooked Lake property. She expressed concerns for not knowing how this might be developed as it could end up being the five units per acre, that one had to be depended on the form based codes, and that it all depended on the development plan as to whether it would be the five units per acre or something in between. She said that with joint planning, something in between or standards could create a balance between those who live on the rural lands with that type of lifestyle. She opined that once this happened, it would be a domino effect to all of the area. She referenced the map displayed by Ms. Yurko which seemed to indicate that there were plans to go all the way to CR 439. She remarked that she understood this seemed extreme; however, she opined that with the fact a City would not attempt to coordinate, joint plan, and listen to county residents and the BCC, this seemed like a way to prevent the County park from being used to annex. She commented that it would be a different issue if the park was not there and the City was not going over it, and expressed concerns that they were using the County park which was paid for through public land acquisition dollars. She said that deeding a piece to a nonprofit that does conservation would not change the fact that it was still used for conservation which was the intent of the bond issue. She opined that the principle of using that park to hop over in order to go that far down the road, that far out in the country, to impact the rest of the people who live in the area, and to basically say they did not want to talk to the County to do joint planning did not make sense.

Commr. Breeden recalled the Evergreen Estates case which was recently approved but that the Board sent back for review several times to make sure they were taking into the consideration the rural aspects.

Commr. Campione added that Evergreen Estates did eventually make concessions which helped to make it more palatable to the surrounding five acre tracts.

Commr. Parks thought that the Board was sympathetic and understanding to what the unincorporated residents were concerned with. He said that he somewhat agreed with Commissioner Sullivan that the annexation might need to be challenged through the legal path. He reiterated his desire to meet face-to-face with the City and work to redo the JPA.

Commr. Campione stated that the City’s second hearing for this annexation was December 3, 2020.

Commr. Breeden inquired if the portion of property could be conveyed to the nonprofit temporarily for a year in order to give the City time to come to the table to address the JPA.

Commr. Sullivan asked if there was any power in the JPA.

Commr. Campione replied it depended on how the JPA was written.

Commr. Parks asked for clarification that Commissioner Sullivan was indicating that years prior, this was one of the areas in the Comp Plan which still had some questions.

Commr. Sullivan responded that because it was the City of Eustis form based code, there was uncertainty.

Commr. Campione commented that the way the City’s land use codes were changed happened after the JPA was developed and was the reason Commissioner Parks was requesting for this to be worked on. She stated that the boundaries were agreed upon years ago based on code which was in existence then. She asked the County Attorney that if the County deeded it, could there be an agreement for it to be deeded back if certain things happened. She relayed that this was placed on the agenda in the hope to get the City to discuss with the County so that they did not end up in court over the question of contiguity. She opined that if they had an interlocal service boundary agreement (ISBA), then it would not be an issue.

Ms. Marsh stated that the County could negotiate an agreement to deed it back in a certain timeframe or under certain conditions.

Commr. Sullivan said he was not comfortable with this option, and he understood the property owner’s desire to move forward with the process.

Commr. Campione remarked that if the City moved forward with the annexation, then she hoped the BCC would consider opposing the annexation and challenging it in court based upon that being the only piece of contiguity and since it did not align with the intent of the statute. She opined it would be an interesting court case since there was no case law directly relating to it.

Commr. Breeden commented that she was not in favor of this the last time the BCC discussed it; however, it looked like it might be the way to proceed.

Commr. Campione thanked the Commissioners for their consideration, and said she was attempting to do her best to find a resolution to preserve the quality of life.

Commr. Breeden noted this was happening in other districts too.

Ms. Yurko asked to make a suggestion, and referenced Chapter 164, Florida Statutes, which puts in place a four step, 90 day process, and suggested that the Board could direct staff to prepare a resolution which stated the potential conflict. She explained that there was a requirement that within 30 days there be a conflict assessment meeting, that within 50 days there would be a joint public hearing to discuss a resolution of the dispute, and that within another 30 days there would be binding mediation, noting that this was a legal obligation under State Statute which was commonly used in the context of annexation and Comp Plan disputes. She deferred to the County Attorney regarding this. She thanked the Board for the professional manner in which they were addressing this.

Commr. Campione asked the County Attorney if the City would have to answer the County and how this process would work.

Ms. Marsh responded that Ms. Yurko was referencing the Intergovernmental Dispute Resolution Act, which the County had done with the City of Eustis previously with the first attempt of the ISBA. She said it was an option, and that they could bring back the resolution at the November 17, 2020 BCC meeting if the Board desired.

Commr. Campione inquired that if they sent the resolution to the City, was there a requirement for the City to engage with the County in the resolution process or was it up to the City’s decision.

Ms. Marsh replied she would need to review that, and that she was not sure if it would stop the annexation if this was filed, but it was supposed to bring the City to the table.

Ms. Yurko opined that the statute stopped the ability to move forward with other legal proceedings until the entities went through the entire process, noting that there was reference that any involved governmental entity that refuses to participate in good faith was obligated to pay attorney fees to the prevailing party litigation.

Commr. Campione clarified that in situations such as this where things seem to be moving forward and the County has no control except for going to court to challenge it after the fact, this might be a way to say to the City that the County was serious about this and wanted to discuss and resolve so they did not end up in court. She indicated that the BCC would need to place this on their next meeting agenda to take action on, and that it might be a way to get everyone to discuss prior to the City moving forward to adopt a second reading which would then force the County to decide if they wanted to pursue legal action.

Commr. Parks said he was fine with that.

Commr. Campione thanked everyone for being in the meeting. She relayed that she had discussed this with the property owner and had suggested a possible rezoning to address the desire to do something different with the property as opposed to an annexation; however, he indicated that this was the route he wanted to go and that he had the right to decide that. She said it was then merely a question of how the two governmental bodies worked it out.

recognition of commissioners sullivan and breeden

Commr. Campione thanked Commissioner Sullivan and Commissioner Breeden for their service and said they would be missed.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:24 p.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK