preliminary copy – for review only

A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

july 11, 2017

The Lake County Board of County Commissioners met in regular session on Tuesday, July 11, 2017 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were:  Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake.  Others present were:  Jeff Cole, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION and pledge

Ms. Patricia Haney from the Baha’i Group of Lake County gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, stated that there was a Tab 34 added to the agenda under Commr. Parks’ business, which pushed the existing Tabs 34 and 35 to Tabs 35 and 36 respectively.

Ms. Melanie Marsh, County Attorney, mentioned that she had handed out an errata sheet containing a change in a definition under Tab 17, which was an agenda item for an approval to advertise an ordinance regarding the burn ban.  She requested that the Board approve that item under the Consent Agenda with that definitional change rather than pulling it off of the Consent Agenda.  She further explained that since the original definition was a little convoluted, her office cleaned it up and made it a little clearer.

Commr. Campione elaborated that the change would clarify what constituted recreational fires as opposed to burning.

Minutes approval

On a motion by Commr. Breeden, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the Minutes for the BCC Meetings of May 9, 2017 (Regular Meeting) and May 23, 2017 (Regular Meeting) as presented.

pretrial, probation and parole supervison week proclamation

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2017-69 proclaiming July 16 - 22, 2017 as Pretrial, Probation, and Parole Supervision Week in Lake County, per Commissioner Sullivan.

Commr. Sullivan then read the proclamation aloud and presented it to Chief Probation Officer Tony Deaton.  He commented that the County’s probation officers have about a one-third higher workload than the surrounding counties and are an integral part of their correctional system.

employee awards

Mr. Robert Anderson, Human Resources Director, announced that they were recognizing employees who had reached significant milestones in their careers with Lake County, as follows:

five years

            Nila Baker, Financial Associate

Community Services

Robin Davis, Trades Crew Leader

Public Resources/Parks & Trails Division

Robert De Mola, Trades Crew Leader

Public Resources/Parks & Trails Division

Guilherme Farias, Firefighter/EMT (not present)

Public Safety/Fire Rescue Division

ten years

Amy Hand, Library Assistant I

Public Resources/Library Services Division/Cooper LSCC Library

fifteen years

John Dinsmore, Landfill Attendant (not present)

Public Works/Solid Waste Division

retirement

Chief John Molenda, Public Safety Director, recognized the retirement of Christopher Croughwell, Battalion Chief from the Fire Rescue Division of the Public Safety Department, after 22 years of dedicated service to the residents of Lake County.  He elaborated that Chief Croughwell was hired by Lake County Fire Rescue in 1995 after working for Marion County Fire Rescue, and he was promoted in August of 2001 to Lieutenant and then to Battalion Chief in May of 2009.  He commented that in addition to his normal duties, Chief Croughwell did an extensive amount of project work that helped mold Lake County Fire Rescue into what it is today, such as helping to form the special operations team, creating a rural response deployment in the Ocala National Forest, and many other developments that helped to save lives as a result of his hard work and dedication to the County.  He added that Chief Croughwell last served as their training chief in Fire Rescue, where he was responsible for maintaining the training of both new and active fire rescue personnel, and he also worked as a deputy planning chief at their EOC (Emergency Operations Center) serving as an Emergency Support Function 5 for the Federal Emergency Management Agency.  He stated that Chief Croughwell’s incredible knowledge, operational expertise, and “get the job done” attitude will be missed.  He wished him well on his retirement and thanked him for his selfless dedication to Lake County.

Mr. Kristian Swenson, Facilities and Fleet Management Director, recognized the retirement of Paul Larson, Maintenance Technician II, and recapped that Mr. Larson began his career with Lake County in January 1991 in the Public Works Department, although his title and department changed throughout the years.  He commented that Mr. Larson has consistently shown that he was a committed employee who took pride in his job, had a good work ethic, took his work seriously, made good suggestions, and was a self-starter working with very little supervision.  He mentioned that Mr. Larson often reported things that he had noticed that possibly needed addressing and became the County’s employee of the month in December of 1993 for his exemplary maintenance of downtown buildings, grounds, and landscaping.  He added that Mr. Larson and his wife plan to take cruises to the Panama Canal and Alaska, and he thanked him for his service to Lake County.

Commr. Sullivan started the presentation for the retirement of Mr. Jim Stivender, Public Works Director, with a video highlighting Mr. Stivender’s 36 years with the County which noted his historical knowledge of Lake County, passion for the job, and friendly personality.  He elaborated that Mr. Stivender began his career in Lake County government in 1976 as a draftsman before leaving the County in 1979 in order to attend college and then graduated from the University of Central Florida in 1981 with a degree in engineering.  He related that when Mr. Stivender returned to the County, he was appointed to the position of Public Works Director in 1989 and has held that position for the last 28 years.  He added that Mr. Stivender was honored by the Florida Association of County Engineers and Road Superintendents as the rural county engineer of the year in 1995 and served as their group president in 2001.  He pointed out that Mr. Stivender has worked under 26 different Commissioners and 12 County Managers since 1989 and that he is a fifth generation lifelong Central Florida resident and would fondly be remembered as a local historian and weatherman.  He announced that Mr. Stivender planned a visit to the Village of Goreville, Illinois, to observe the total eclipse of the sun on August 21 after his official retirement as well as other travel destinations and also planned to spend time with his family.  He wished him a good retirement and commented that he would be sorely missed.  He concluded that Mr. Stivender has spent so much time helping Lake County grow and dealing with a multitude of issues over the years that he is well known in the state for all of his great accomplishments.

Commr. Parks thanked Mr. Stivender for everything he has done for the County and recounted that he had driven around the county every quarter with Mr. Stivender looking at the condition of the roads, where he always gained more historic knowledge about Lake County from him.

Commr. Campione commented that Mr. Stivender had gone out of his way the last several years to help her with different projects and was willing to go on field trips to out-of-the way locations in the county such as Pine Lakes and Cassia to deal with unpaved roads and difficult public works issues.  She added that Mr. Stivender took phone calls and texts late at night or on the weekend when there was a problem, such as when a traffic light was not working.  She also mentioned that she appreciated Mr. Stivender’s help to obtain the grant for the bear-proof trash cans as well as with the acquisition of the containers.  She commented that Mr. Stivender has always been a very engaged and dedicated public servant who cared a lot about Lake County.

Commr. Breeden mentioned that she had worked with Mr. Stivender and had traveled with him to Tallahassee for Lake County Days and other events.  She opined that Mr. Stivender had a wealth of knowledge that would be missed. She commented that he worked well with the other departments and worked on other projects such as fixing the paving at the fairgrounds, loading equipment, and working on the Agriculture Center.

Commr. Blake stated that Mr. Stivender had worked with him and assisted him a great deal during the last seven months.  He wished Mr. Stivender the best in his retirement.

Mr. Stivender acknowledged that he could not do the job he did without the help of his Public Works staff and expressed appreciation to both his past and present employees. He thanked the County Manager and Commissioners for everything they did, and he recognized his family members who were in attendance.  He also thanked all of the former County Managers and Commissioners for allowing him to continue to do that job for 28 years.

citizen question and comment

Ms. Debbie Duane, a resident from the Bassville Park neighborhood in Leesburg, mentioned that she recently started a neighborhood watch program, since she has seen their neighborhood slide into a drug and crime-infested neighborhood over the years.  She opined that Bassville Park has been forgotten for a long time and noted that there were several properties with code violations, including someone squatting while running a farm on a property that is zoned residential and people running businesses from their homes. She pointed out that the law-abiding and taxpaying citizens of that neighborhood were seeing their property values diminish because of these problems, and she related that the County has told those residents that lack of funds and employees limit what Code Enforcement could do and that it would take time to resolve these problems; however, she noted that there was $9 million set aside in the County’s budget for tourism and development.  She commented that any cut in the Code Enforcement budget would be totally unacceptable.  She asked the Board for help for their community and stated that they would look at other alternatives and media outlets to get the help they needed if they did not receive it from the County.  She related that the County’s mission statement was to help all people in Lake County but opined that the County has failed to help improve their neighborhood’s situation.

Ms. Lena Badolato, a resident of Bassville Park, opined that the residents were being punished by the County’s regulations, yet the County allowed the repeat offenders in the community to keep their homes in unacceptable conditions by giving them repeated warnings rather than fines, which has prolonged the unacceptable behavior and did not generate funding for the Code Enforcement Division.  She opined that the County should be handling those issues, and Bassville Park needed a major overhaul with new solutions as soon as possible.  She pointed out that the residents voted the Commissioners into office to help them, not to punish the people in the community who are doing the right thing.  She presented photographs of the above-mentioned conditions in their community, which she opined was due to the County’s lack of service and budget cuts, and she commented that the County was well aware of what was happening in Bassville Park, including squatters, burnt homes, meth homes, junk yards, and residents running businesses in homes.  She stated that there were over 50 code enforcement cases, 8 of them building structural violations and 42 of them for trash.  She emphasized that this activity has brought down the value of the homes in the community, thereby reducing the tax revenue brought in by those homes, and that the residents have invested all of their money into their homes.  She reported that drug use in Lake County was at an epic-level high, and she had video surveillance of drug purchases in front of her home.  She related that she had been threatened and harassed by renters who are violating the laws, and she pointed out that these conditions are not conducive to attracting tourism to Lake County.  She commented that they will go to any extent and to any agencies or media outlets if the County does not help them, since they are getting desperate for a solution, and she asked for the Board’s immediate help to improve these conditions.

Mr. Wayne Badolato of Bassville Park read a statement from Mr. Jim Duane related to a property on Oklawaha Drive which is zoned C-1 (neighborhood commercial) allowing for operation of a single business but was currently housing an RV trailer park which was attracting drug use and crime, resulting in frequent Sheriff’s Office visits in the Bassville Park area.  He related that he has been told by the County that the property was in a nonconforming status, but it still was allowed to operate with total disregard to most county and state regulations that would apply to any RV park.  He noted that he has had a hard time getting the County to come out to enforce the regulations, and although the County had indicated that only minor repairs and maintenance was allowed on that property, he had discovered an onsite sewage construction permit from the Health Department for that property that the County claimed they would never allow to be issued, as it is a major improvement.  He explained that this illustrated that the County’s Zoning Division had no idea of the current land use on that property and did not know that this property was currently being used as an RV Park.  He commented that this was just one example of what has taken place in their community and suggested that the County departments communicate with each other in order to be able to improve the quality of life in Bassville Park.  He requested that the County Commissioners display leadership in addressing their concerns about the current conditions plaguing their community which has caused their area’s homeowners’ property values to plummet and has increased the drug and crime numbers in their area.

Mr. Preston Arnold from Bassville Park pointed out that their gateway sign states “Bassville Park, A Distinctive Lake County Community,” but the area has become distinctive for other reasons, such as squatters, garbage left indefinitely in unauthorized containers, and congregation of drug users and dealers.  He mentioned that some of the new occupants did not take the same care of the houses as some of the older occupants did, and sometimes the houses were empty for months or years.  He related that one of the properties had ten old vehicles in disrepair with broken windows and cracked windshields parked on it and had been operating as a junkyard.  He related that although he has bought and sold houses in four states with no problems, since he had always taken care of his property, he did not have one single offer when he put his house in Bassville Park up for sale in 2015 and was told that potential buyers liked the home but did not like the neighborhood.  He asked the Board to help take care of the neighborhood.

Mr. Paul Jueger of Bassville Park stated that he was there to support the Neighborhood Watch group in Bassville Park and noted that he has witnessed drug deals, found syringes floating in the canal, and has dealt with garbage piled in the streets.  He asked for something to be done about those problems.

Commr. Breeden stated that she recognized that the Bassville Park area did have a significant problem and had met with some of the residents there.  She added that County staff had visited that area, and although they did not have all of the answers to the problems right now, there would be a Keep Lake Beautiful cleanup event in the community on Saturday, July 15, to take care of some of the trash problems.  She noted that Code Enforcement and the Sheriff’s Department had a process that they needed to follow, and there were some state regulations and property rights that applied to some of those issues as well.  She assured the residents that they were not forgotten and that staff was committed to help fix the neighborhood, but it would take a while to do so.

Commr. Parks acknowledged the frustration of the residents and mentioned that he had dealt with some similar issues in South Lake as well.  He opined that the Board should look further into this issue to try to come up with a more forceful enforcement method.

Commr. Sullivan suggested that the Keep Lake Beautiful program could be helpful by cleaning up the area and making their presence known, and he offered to personally contact the Sheriff to get his input on this issue.  He commented that the Code Enforcement process is long and arduous.

Ms. Badolato added that many residents who rent their home feel entitled to do whatever they want on their property and are fighting against improving the community, and there were motorcycles racing on the weekends all night long.  She opined that there were other solutions that could be done, such as building speed bumps and changing the rules in order to fine the code enforcement offenders rather than giving them multiple warnings.  She added that she has given up trying to report the problems to law enforcement and the County, and she will leave it in the Board’s hands.

Commr. Campione suggested that the Board convene another meeting with the residents to look at every aspect of the issues such as transportation, traffic calming, law enforcement, and code enforcement as well as how to do things differently than in a general sense from a code enforcement standpoint.  She added that they could look at doing a pilot project to see whether a more aggressive stance would help to tamp down on some of the problems and work with the County Manager to get that set up and the notices for that sent out.  She added that they would be picking up the trash and garbage that Saturday, and although that was superficial, it was a way to start to get a handle on some of the issues and help promote pride in the community.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 10, as follows:

List of Warrants

Request to acknowledge receipt of 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.

Operating Budget for Avalon Groves CDD

Request to acknowledge receipt of the proposed Operating Budget for Fiscal Year 2017-2018 for Avalon Groves Community Development District in accordance with Chapter 190.008(2)(b) of the Florida Statutes, as well as a transmittal letter of same dated June 14, 2017 stating that the public hearing for the proposed budget was scheduled for August 24, 2017 at 11:30  a.m. at the Cagan Crossing Library, 16729 Cagan Oaks, Clermont, Florida.

Operating Budget for Cascades at Groveland CDD

Request to acknowledge receipt of the proposed Operating Budget for Fiscal Year 2017-2018 for Cascades at Groveland Community Development District in accordance with Chapter 190.008(2)(b) of the Florida Statutes, as well as a transmittal letter of same dated June 12, 2017 stating that the public hearing for the proposed budget was scheduled for August 16, 2017 at 2:00 p.m. at the Shea Homes Construction Office, 749 Wilson Lake Parkway, Groveland, Florida.

Operating Budget for Greater Lakes/Sawgrass Bay CDD

Request to acknowledge receipt of the proposed Operating Budget for Fiscal Year 2017-2018 for Greater Lakes/Sawgrass Bay Community Development District in accordance with Chapter 190.008(2)(b) of the Florida Statutes, as well as a transmittal letter of same dated June 12, 2017 stating that the public hearing for the proposed budget was scheduled for August 16, 2017 at 11:00  a.m. at the Cagan Crossing Library, 16729 Cagan Oaks, Clermont, Florida.

Operating Budget for Deer Island CDD

Request to acknowledge receipt of the proposed Operating Budget for Fiscal Year 2017-2018 for Deer Island Community Development District in accordance with Chapter 190.008(2)(b) of the Florida Statutes, as well as a transmittal letter of same dated June 14, 2017 stating that the public hearing for the proposed budget was scheduled for August 23, 2017 at 7:00 p.m. at Club 448, 16024 CR 448, Tavares.

Proposed Budget for Central Lake CDD

Request to acknowledge receipt of the Central Lake Community Development District’s proposed budget for Fiscal Year 2018 in accordance with Section 190.008(2)(b), Florida Statutes, as well as Resolution 2017-02 from the Board of Supervisors of the Central Lake CDD approving said budget and stating that the public hearing for same would be held on August 17, 2017 at 8:00 a.m. at the Mission Inn Real Estate Office, Howey in the Hills, FL.

Proposed Budget for The Villages CDD

Request to acknowledge receipt of The Villages Community Development District’s proposed budget for Fiscal Year 2017-2018 in accordance with Chapter 190.008(2)(b) of the Florida Statutes, as well as Resolution 17-10 from The Villages CDD approving said budget and stating that the public hearing for same would be held on September 6, 2017 at 3:00 p.m. in the District Conference Room at Lake Sumter Landing, 984 Old Mill Run, The Villages, FL.

Ordinance from City of Leesburg

Request to acknowledge receipt of copy of Ordinance 17-18 from the City of Leesburg which was adopted by the City Commission on June 12, 2018, annexing certain real property into the City of Leesburg consisting of approximately 74.3 acres and being generally located on the east side of CR 44, west of Radio Road and south of Poe Road, lying in Section 10, Township 19 South, Range 25 East.

Property Placed on Lands Available List

Request to acknowledge receipt of property placed on the Lands Available List.  Lake County has until September 11, 2017 to purchase property from the Lands Available List before it is available to the public.

Request to acknowledge receipt of property placed on the Lands Available List.  Lake County has until September 18, 2017 to purchase property from the Lands Available List before it is available to the public.

CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 24, with the aforementioned language change by the County Attorney on Tab 17,  as follows:

Community Safety and Compliance

Request for approval of the second amendment to the current Animal Services Consultant Contract, extending the term of that contract for an additional three-month period through October 26, 2017 and to further request authority for the County Manager to approve any additional short-term extensions. The fiscal impact of this extension is $6,000.

County Attorney

Request for approval of precinct changes at the request of the Supervisor of Elections.

Request for approval of a Stipulated Settlement Agreement for Jodee E. Thompson (Circuit Court Case No. 2017-CC-1516) and authorization for County Attorney to execute the Stipulated Settlement Agreement.  The fiscal impact is $3,175.00 (Revenue).

Request for approval to execute the Stipulated Final Judgment in Court Case No. 2016-CA-1957, Lake County, Florida vs. Kalvincent Elorre, et al., (Parcel Number: JL-11) for needed right of way on the Johns Lake Road Project. The total settlement for approval and fiscal impact is $17,489.50 (Total Settlement of $26,439.50 less $8,950.00, which was previously deposited into the Registry of the Court per the Stipulated Order of Taking). Commission District 2.

Request for approval to accept Offers to Purchase on the following nine County-owned properties: Alternate Keys 1174317, 1268486, 1341957, 3560698, 3560701, 3560779, 1676231, 3771751, 1351243; and for the Chairman to execute any necessary closing documents; as well as for approval to reject Sealed Bids or Offers to Purchase on the following eight Alternate Keys: 1187869, 1466385, 1466512, 1179050, 1380715, 1465958, 1700345, 2670746; and donate to Homes in Partnership and for Chairman to execute the donation Resolution No. 2017-76 along with County Deeds and any other required closing documents.  The fiscal impact is $9,400.

Economic Growth

Request for approval of the Interlocal Agreement between Lake County and the City of Leesburg for a seaplane ramp and dock, and approval of any necessary budget transfers. The fiscal impact is up to $150,000 (expenditure).  Commission District 3.

Facilities Development and Management

Request for approval to award contract 17-0226 for replacement of potable water piping within the Sheriff’s Administration Building in Tavares to DeSanto Plumbing (Astatula).  The fiscal impact is $154,800 (Expenditure).  Commission District 3.

Fiscal and Administrative Services

Request for approval of an Interlocal Agreement between Lake County and the City of Mt. Dora to establish the Sylvan Shores Street Lighting Municipal Services Benefit Unit.  There is no fiscal impact.  Commission District 4.

Request for approval to award contract 17-0213 to Moore, Stephens, Lovelace, PA (Orlando) for annual external auditing services in support of various County entities.  The estimated annual fiscal impact is $185,000.

Human Resources

Request for approval to amend the Lake County Employment Policies and Procedures Section 4.1, Work Hours and Overtime, to allow for the provision of Emergency Paid Leave and overtime during a locally declared County emergency, effective as of July 15, 2017.

Information Technology

Request for approval to award contract 17-0207 to S2K Consulting, Inc. (Winter Park) for review of past and current telecommunications billings to determine if the County is eligible for any credits or refunds associated with those billings. The review itself is provided on a no-cost basis with the performing vendor keeping a share of any savings realized. The fiscal impact cannot be determined at this time.

Public Resources

Request for approval to award contract 17-0439, Furnish and Install Pathway/Parking Lot Lighting for the Miracle Field in Lake Idamere Park to Prime Electric, LLC (Leesburg).   The fiscal impact is $57,000 (Expenditure).   Commission District 3.

Request for approval to designate Ava Barrett as the Single Administrative Head of the Lake County Library System and authorize the Chairman to execute Florida Department of State / Division of Library and Information Services Form DLIS/SA01, State Aid to Libraries Grant Certification of Credentials - Single Library Administrative Head. There is no fiscal impact.

Public Safety

Request for approval to advertise a Public Hearing for an ordinance amending Section 10.5-75, Lake County Code, entitled "Open Burning Prohibited,” with the definitional change on the errata sheet to replace 10.5-75(d) with the following definition:  For purposes of this section, “recreational fires” are defined to mean outdoor fire burning materials other than rubbish, provided that the fuel being burned in an outdoor fireplace, barbeque grill, or barbeque pit that has total fuel area of three feet or less in diameter and two feet or less in height is excluded.

Request for approval of the Emergency Management Preparedness and Assistance Trust Fund Base Grant Agreement with the State of Florida, Division of Emergency Management, for $105,806; and request approval for the County Manager to execute future amendments/modifications that do not involve fiscal impact.

Public Works

Request for approval to award five (5) term and supply contracts for leachate disposal and/or transport services under Invitation to Bid 17-0623 as noted below, and authorize the Procurement Services Division to execute all supporting documentation. The fiscal impact will be dependent on need but is estimated at $450,000 annually. The contracts are as follows:

17-0623A – Aqua Clean Environmental (Lakeland, FL)

17-0623B – Covanta Lake II Inc. (Morristown, NJ)

17-0623C – Delta Pioneer (Sanford, FL)

17-0623D – T. Wayne Hill Trucking (Bartow, FL)

17-0623E – Water Recovery LLC (Jacksonville, FL)

Request for approval to award a term and supply contract under Request for Proposal 17-0624 for the provision of roll-off containers used by the Solid Waste Division to IES Sales & Services LLC (Opalocka, FL), and authorize the Procurement Services Division to execute all supporting documentation. The fiscal impact will be dependent on need.

Request for approval to execute corrected Resolution No. 2017-77 accepting the following roads within Greater Lakes Phase 3 into the County Road Maintenance System:  Placid Place “Part” (County Road No. 0357A), Tahoe Circle “Part” (County Road No. 0357H), Champlain Street “Part” (County Road No. 0357K), Meadows Street (County Road No. 0359), Tibet Court (County Road No. 0359A), and Morning Dew Way (County Road No. 0359B).  Greater Lakes Phase 3 consists of 126 lots and is located east of US Highway 27 off Superior Boulevard in Section 11, Township 24 South, Range 26 East.  There is no fiscal impact.  Commission District 1.

Request for approval to release a maintenance bond of $81,692.33 that was provided for the subdivision infrastructure, and release a performance bond of $105,423.45 that was provided for the construction of sidewalks in the Verde Park Phase 1 subdivision.  Verde Park Phase 1 consists of 61 lots and is located east of Clermont off CR-50 in Section 24, Township 22 South, Range 26 East. There is no fiscal impact. Commission District 2.

Request for approval of an interlocal agreement with Orange County relating to future public roads planned between US 27 and SR 429 and passing through the Wellness Way and Horizons West area plans. The agreement states that both Lake and Orange Counties will work cooperatively to create and manage the interconnections of three proposed roadways that impact both counties. In Lake County, these three roadways are Wellness Way, Schofield Road, and Sawgrass Bay Boulevard.  There is no fiscal impact. Commission District 2.

Request for approval of an interlocal agreement with Orange County relating to future public roads planned between US 27 and SR 429 and passing through the Wellness Way and Horizons West area plans. The agreement states that both Lake and Orange Counties will work cooperatively to create and manage the interconnections of three proposed roadways that impact both counties. In Lake County, these three roadways are Wellness Way, Schofield Road, and Sawgrass Bay Boulevard.  There is no fiscal impact. Commission District 2.

presentation – sr 50 PD&E study from cr 33 to us 301

Mr. Fred Schneider, County Engineer, Public Works Department, explained that this presentation would be given by the Florida Department of Transportation (FDOT) regarding the SR 50 Project Development and Environment (PD&E) Study of State Road 50 that would run from US Hwy 301 to County Road 33 in Mascotte.

Mr. Jack Freeman with Kittelson & Associates, a consultant for FDOT, mentioned that this update would also go before the Lake-Sumter MPO (Metropolitan Planning Organization) and that they were conducting an alternatives public meeting that evening at the Mascotte Civic Center and at the Ridge Manor Community Center on Thursday, July 13.  He recapped that the previous corridor planning study was completed in 2016 that included a public involvement process at that time and resulted in a recommended study of two alternatives for further evaluation, which he would later go into in detail.  He specified that the PD&E Study of the establishment of purpose and need, data collection, and traffic analysis was well underway and near completion, and they would present the alternatives at that evening’s meeting and go through a comparative evaluation matrix looking through those alternatives and costs.  He mentioned that they have received no federal funds for this study, so they would be doing the level of documentation required for a state environmental impact report using state funding.  He noted that this was a 20-mile long project regarding US 301 to CR 33 involving Hernando, Sumter, and Lake Counties; and they divided the widening alternatives from the corridor planning study that had been advanced into two segments, with US 301 to SR 471 as a rural two-lane road and SR 471 to CR 33 to Mascotte as a four-lane road.  He presented a map to give a graphic of the project overview, noting that the project would go through a significant amount of the Withlacoochee State Forest and terminate at CR 33 in Mascotte.  He explained that the study of the purpose and need of the project was primarily based on the traffic demand and safety concerns in the area; however, they were also looking at other factors such as system linkage, intermodal relationships, planning consistency, and hurricane evacuation.

Mr. Freeman presented maps illustrating the 2017 traffic demand data that they had collected ranging from roughly 7,000 to 8,000 trips per day until it increased to up to 17,000 heading towards Mascotte, the 2045 projections showing the traffic volume doubling by that time ranging from 16,000 to 31,000 trips per day respectively, and the SR 50 level of service if improved as recommended by the study. He related that they were seeing a lot of future usage and attractiveness of this route due to the growth to the north reaching up to the Villages and extending southward.  He specified that the 2017 level of service numbers were showing a level C on the western end and a level D towards Mascotte, but since evaluation of the 2045 models showed levels of E and F throughout the entire corridor, they needed to look at what they could do to improve those levels, such as construction of a two-lane road with passing lanes through the forest which would improve it to a level C, the target level of service for that type of facility.  He elaborated that constructing a four-lane facility would result in a level A for that segment and that only a four-lane road could handle traffic volumes east of SR 471, which would result in levels A and B in the western part of that segment with levels B and C in parts of Mascotte.  He reported that the last five years of crash data from FDOT indicated that there were 189 crashes throughout the corridor between 2011 and 2015, 11 of which had been fatal, and he specified that 30 percent of the total crashes were fixed object or run-off the road type accidents, 25 percent were rear ended, and 10 percent were angle.  He added that the highest percentage of the accidents occurred in Lake County, especially within the segment of SR 50 from Tuscanooga Road to west of CR 33 and at US 301.  He listed some nearby ongoing projects, including the design phase of the South Lake Trail Phase IV and the trail study for the South Sumter Connector Trail, which were both part of the Coast to Coast Trail project, as well as the western portion of the SR 50 widening from US 98/McKethan Road to US 301, which is currently in final design with construction scheduled for 2019.  He explained that the engineering analysis was focused on roadway concepts, the bridge over the Withlacoochee River, access management considerations, medians, traffic operations and safety, enhancement of bicycle and pedestrian facilities through the corridor, stormwater management, and evaluating whether any additional right of way was needed.  He related that their firm was evaluating a lot of different alternatives broken into four different sections, which were a five-mile long segment from US 301 to the Hernando/Sumter County Line, a four-mile section running from that county line to SR 471, SR 471 to Lee Road, and from Lee Road to CR 33.

Mr. Freeman listed some comparative evaluation matrix criteria, such as purpose and need; social, cultural, natural, and physical environments; and evaluation of the project cost for each alternative.  He related that all alternatives for the SR 471 to Lee Road segment fulfill the purpose and need by providing an improved level of service and reducing crashes; however, the rural typical section would require about twice as much right of way as the high speed section and would impact about 60 percent more wetlands, but the high speed urban section has a higher construction cost due to increased curb and gutter and a specialized drainage system.  He noted that all alternatives for that section, however, would enhance pedestrian and bicycle facilities.  He added that all alternatives they considered from Lee Road to CR 33 would fulfill the purpose and need by providing an improved level of service and safety, impact less than one acre of wetlands, enhance pedestrian and bicycle facilities, and avoid the Mascotte Cemetery, even within the FDOT right of way; however, the center typical section would impact about twice as many parcels as the other alternatives.  He commented that they have gone through a number of environmental evaluations and were looking at wetlands and wildlife, especially through the Withlacoochee State Forest.  He added that they were mapping and doing field reconnaissance on a number of different sites along this corridor of both historic and archeological structures and will continue to evaluate the impact on those structures.  He elaborated that they would also be evaluating floodplains, conducting an analysis of noise impacts, identifying risk contamination sites adjacent to the corridor, and looking at secondary and cumulative impacts.  He mentioned that public involvement has played a very integral part of this process, including newsletters, the aforementioned public meetings to present the alternatives, an upcoming public hearing after they have selected a preferred alternative, and a project website containing the project schedule, contact information, and study materials.  He concluded that they were approximately 6 to 7 months into a 20-month study schedule, which started on January 1, and planned to complete the study by October of 2018, with the project expected to start immediately after completion of that study, since the final design for this project was funded and scheduled.

Commr. Sullivan clarified that this project was in the five-year plan and was funded through design, although not funded for right of way or construction at this point.

Commr. Parks recapped that the Board has discussed a gateway into the county from the west side, and he requested that they think about a plan for gateway signage as they were going through the PD&E, possibly in cooperation with Mascotte.

Mr. Freeman assured him that he would make a note to look into that, although this is the first time he has heard about gateway signage.

recess and reassembly

The Chairman announced at 10:15 a.m. that there would be a ten-minute recess.

departmental business

county manager

interlocal service boundary agreement with city of eustis

Mr. Jeff Cole, County Manager, recapped that the City of Eustis initiated the Interlocal Service Boundary Agreement (ISBA) process in 2016, and the Board subsequently adopted a resolution identifying areas of negotiation and concern.  He elaborated that afterwards, there were several meetings held in the City of Eustis, an impasse was ultimately declared under Florida Statute provisions, and the Eustis City Manager requested a meeting with him which was held on June 16 following an additional series of meetings.  He related that the City Manager submitted a counterproposal on June 19, which was in the backup information given to the Commissioners and which prompted this item on the agenda.  He then read the counterproposal for the Board’s consideration which stated that “the City will agree to exclude the Sorrento Springs, Red Tail, and Serenity properties from the current ISBA boundary.  The City then proposes that language be added to the agreement that grants Eustis permission to annex the aforementioned properties into its corporate limits 48 months after any contiguity is established individually with each respective subdivision while also including them into the City’s Joint Planning Area (JPA) and joint ISBA area.”

Commr. Sullivan announced that this was not actually a public hearing, but he will open it up to the public due to the interest in this matter, although he will start the discussion at the Board level initially.

Commr. Campione commented that she has had a lot of concern about these ISBA’s when the County has considered them over the last couple of years, no matter where they were being proposed, and thought that they created more problems rather than solving them.  She stated that she believed the purpose of an ISBA was to address issues where there were deficiencies in service and to facilitate the process for willing property owners who were not contiguous that wanted to annex into a city.  She elaborated that she had found that those agreements led to issues regarding who would take care of and police the roads, since the cities did not necessarily want all of the financial responsibilities that went along with those roads.  She opined that allowing leapfrog annexations might lead to a city annexing additional property that is surrounded by unincorporated residents who may have concerns about the zoning that the city wanted to put on the property; however, the city representatives were not elected by them to represent those residents.  She commented that she had looked at this situation from the perspective of the businesses, residents, and officials of the City of Eustis as well as the Mt. Plymouth-Sorrento residents who live in the already-existing neighborhoods who receive water and sewer service from Eustis and had no expectation that they would be required to annex, which she believed was problematic because of the lack of the basic American principle of due process not afforded to those residents.  She opined that she could not support an ISBA that would force people to do something against the will of the people of the community, and she emphasized that the County offered a lot of services in that area, such as library, park, fire department, EMS service, and a law enforcement presence with the Sheriff.  She commented that she had always been an advocate for a multitude of Eustis issues over the years, but she could not be in favor of what had been proposed.  She suggested that the cities of Eustis and Mount Dora work together to come to an agreement about areas of annexation if that is a concern by the City of Eustis.

Commr. Parks commented that he also shared some of the concerns that Commr. Campione expressed, and he wanted to have further discussion about ISBA’s in the future.

Commr. Breeden opined that she believed that the ISBA’s seemed problematic when she was working for the County and that there were ways to accomplish what they needed to do without those agreements.  She commented that she appreciated that the City Manager had tried to come up with another alternative, but she did not see much difference from the original proposal other than the four-year extension.  She mentioned that she also had long-term involvement with the Mt. Plymouth-Sorrento residents through the library system and reflected that the community was very independent and wanted to maintain that strong sense of community.  She concluded that she did not support this proposal or change.

Commr. Parks pointed out that the County provided good services, particularly the fire department in that area.

Commr. Campione recognized Mayors Robert Morin from the City of Eustis and Nick Girone from the City of Mount Dora and thanked them for being present for this discussion.

The Chairman opened the discussion up for public comment.

Mayor Morin recapped that their City Manager met with County staff to discuss their request to no avail, and he met with each Commissioner individually requesting that they review the information and allow the City of Eustis to move forward with this annexation of noncontiguous developments.  He related that the City needed the Board’s approval to move forward, and the legally binding development agreement stipulated that the communities of Sorrento Springs in 2002, Red Tail in 2005, and Serenity in 2012 would be annexed by the City.  He opined that it was difficult to believe that the County Commission would not honor the agreements that had benefited the three developments with low-cost water and sewer services, since that expansion and those developments would not have occurred if it were not for the City of Eustis’ commitment to provide that water and sewer service with the caveat that annexation would occur.  He commented that Eustis had an extensive history of blazing a trail of development in east Lake County starting with the city’s incorporation in 1883, and Eustis was a city of 20,000 residents today.  He added that he has experienced firsthand the lack of support and respect for their city, even though Eustis is the third largest city in Lake County with a rich heritage as one of the oldest cities in the county.  He commented that Eustis’ infrastructure and community services would be enhanced by those annexations, and the city needed the County’s support to grow.  He added that no city could continue to prosper without a plan to move forward with well-planned smart growth, and he requested that the Board honor the aforementioned agreements and allow the City to move forward with its legal right to annex the three developments at some point in the future while also planning for an additional development just south of Sorrento Springs.  He welcomed any new resident from the east Lake County area to be active in local government and run for their elected offices in the City of Eustis.

Ms. Gwendolyn Manning, a resident of Eustis and a Lake County Women’s Hall of Fame inductee, commented that she had been a fixture in Lake County for a long time since she began her teaching career in the City of Eustis in 1964 and has taught in Eustis for 30 years.  She added that she served on the Eustis City Commission for 12 years and served three terms as mayor there from 1995 until 2007, which was during the time of the previously-mentioned agreements.  She admonished the Board to make a fair and impartial decision and asked that they do the right thing, although sometimes it was difficult to do so.  She also asked that the Board not punish the City for having the foresight to plan for growth and noted that others who did not plan were being permitted to disregard the City’s planning endeavors.

Mr. Bill Gay, a resident of Eustis and a member of the Chamber of Commerce, stated that he loved the City of Eustis and Lake County, and he pointed out that the City has put the infrastructure in the area in hopes of being able to annex at a future date.  He recapped that the developers had the buyers of the homes sign an agreement at that time that indicated one day they would possibly be annexed.  He mentioned that they had to “leapfrog” to grow to where they previously planned because another city dishonored an agreement that was made with the City of Eustis about growth on US Hwy 441.  He requested that the County honor the agreement.

Mr. Daniel DiVenanzo, an active businessman in the Eustis community for a number of years, stated that he was also active in that community when the initial agreements were made with those subdivisions, and he opined that the Board should give a little more consideration to how the County would fund the future demands of their county’s impending growth.  He pointed out that although Eustis had the highest property tax rate, its general fund was lower than any of the surrounding communities, and he opined that Eustis was the underdog in this issue.  He added that binding agreements were made which clearly stated that those areas would be annexed at some point in the future when possible and stated that the County signed off on those documents. He asked whether the 20,000 residents already living in Eustis, the problems the City was facing, and the adjacent land owners in that area were being considered in this decision, and he opined that the amount of anticipated growth in the county ten years down the road will change the way of life for most residents in this county.  He also commented that he believed that the City of Eustis operated at a very efficient level of competency and was grateful that he has been part of a very positive change over the years.  He stated that they needed to increase the tax base so that they did not get shut out, and there was an obligation legally and morally for the Board to look at it from that position rather than representing only three communities and their future and present interests.  He mentioned that he did not personally agree with the City Manager’s idea of a concession or compromise, and he believed that the idea of Mount Dora, Eustis, or any other municipality getting together to resolve their boundary issues was ludicrous, since he did not think that things got resolved on a lower level, which was why the County had to facilitate any discussions.  He opined that denying the City this annexation was a huge disregard to a major component of the County’s community, and he believed that Eustis was the golden gem of the area which needed recognition of their goals.

Ms. Sandra Stura, a resident of Umatilla, opined that Lake County is geographically, educationally, and community-challenged and represented a microcosm of the United States right now and the challenges the country is currently facing.  She requested that the Board vote “no” on the amendment to the ISBA that has been presented, and she expressed concern about whether the police protection that would be provided to the area in question if annexed would be as good as what the County is already providing through the Sheriff’s office, since the amount of officers available in the City of Eustis was slightly inadequate for the coverage area.  She asked where the additional funding for police officers, vehicles, or a substation to cover the expanded area which included Red Tail, Sorrento Springs, and Serenity would come from.  She pointed out that 4 percent of expenditures were attributed to police funding in the documents put forth by the City of Eustis in their 2014 to 2018 capital improvement plan for expenditures by category, whereas water and sewer were given 53 percent.

Mr. Phil Greenfield, a resident of the Red Tail community in Sorrento, pointed out that although he has always read all of the details in any agreements before he signed them and did so when he purchased his home, he did not see anything mentioning the annexation until after he bought his home, when he found out that his title policy mentioned a place to look regarding annexation, which he opined was not fair to him.  He displayed the flyer he received in the mail from the City of Eustis trying to convince residents to be annexed, and he commented that the County already supplied his community with excellent services.  He opined that the City of Eustis would use their money to provide services to people in other areas and that he would be paying for the growth of Eustis.  He pointed out that he would not go to Eustis any more often than he already does after being annexed, and a 25 percent reduction in their water bill that was promised in the flyer was not enough to make up for the 40 percent increase he would see in his taxes if his home was annexed.  He commented that they did not need a new fire and police substation when they currently have good services nearby provided by the County and did not believe that would reduce their insurance rates as claimed in the City’s flyer.  He opined that Red Tail was currently a safe, stable, and strong community that they were all proud to call their home, and he did not feel that they needed a city mayor or manager.  He commented that they realized that the area’s population will grow and did not think they needed the city’s help with that.  He summarized that the residents in his area would be spending thousands of dollars more per year and not receiving any improvement in services, and he opined that the latest proposal is a sham, since developers were already looking at property surrounding the three communities, making annexation a certainty in four years without the approval of the residents.  He respectfully asked that every Commissioner vote against this proposal and any other future efforts or proposals to annex them.

Mr. Scott Taylor, a resident of Sorrento, stated that he agreed with Commr. Campione’s previous comments that morning and that he did not believe there was a need for an agreement allowing annexation in 48 months after annexation of surrounding property.  He related that he was speaking as a member of the Board of Directors on behalf of Audubon Florida about the Wekiva River Protection Act of 1988 and the Wekiva River and Parkway Protection Act of 2004 that were intended to protect the Wekiva River area and prohibit future growth in order to avoid destroying an extremely important environment which was the only east-west corridor that held some of the federal designations of waters.  He pointed out that he did not hear anything during these discussions about this issue or those requirements.  He elaborated that the County’s Comprehensive Plan was required to be changed as a result of both of those acts, and this issue needed to be considered as well when making this decision, especially since it was connected to the protection and availability of fresh potable water for future generations.

Ms. Heather Brush read a statement from Ms. Joan Hill, a resident of Sorrento since 1991, stating that she moved to the area because she wanted to live in the country and respect the environment, and Sorrento was a special area which was an environmental buffer between development and the Wekiva River Basin.  She added that she has seen coyotes, foxes, endangered turtles, bears, eagles, hawks, rabbits, and raccoons on her property; and she opined that this important environmental buffer was not there for the exploitation and expansion of either the Cities of Mount Dora or Eustis in order to increase their tax base.  She commented that the decision the Board makes that day will set the tone for either the protection or destruction of Sorrento, and she requested that the Board vote against this proposal and any other plan that would consider their land a vehicle for development.

Mr. Chris Kaye, a resident of Serenity in Sorrento, commented that he was happy with the police and fire protection they currently were provided by the County and was concerned about the possible increase in taxes that would result from annexation into the City of Eustis, since he was a retired policeman on a fixed income.  He related that in his experience as a law enforcement officer, he did not believe that their area would get good public safety protection from the City.  He pointed out that he intentionally moved to an unincorporated area for the lower amount of property taxes, and he did not see any need to become part of the City of Eustis.  He requested that the Board vote “no” to the amended proposal.

Mr. Lawrence Thompson, a resident of Red Tail for five years, stated that he was a retired ex-veteran on a fixed income who put all of his money into buying his home.  He related that he had looked at this issue from the perspective of what he liked about Eustis, and his family attended the Georgefest festival annually held in downtown Eustis, which commemorated George Washington as the country’s first President.  However, he pointed out that ironically the festival also celebrates the 13 colonies’ fight against taxation without representation and being annexed by a government a long way away as well as for the right to vote and property rights.  He mentioned that other than that festival, he did not visit Eustis or any of its businesses often.  He opined that Eustis was using water rights to control development in the area and forcing residents to do what the City wanted against their will, and the water their community received from Eustis was expensive and low-quality.  He also pointed out that the flyers the residents received about this issue cost the City $26,000 and were sent to convince the residents in his community to help lower the taxes for the City of Eustis.  He asked all of the Commissioners to vote against this proposal, which he opined was un-American and immoral, since he did not believe that they should be involuntarily annexed either now or in the future.

Commr. Campione commented that she grew up in Eustis and went to Eustis High School, and there were a lot of good things and businesses located in Eustis that she herself frequented on a regular basis.  She added that although many of the residents who were speaking were emotional and angry, it was important for their comments to be respectful.  She clarified that the County was not a party to the agreement between the City of Eustis and the developers of the previously mentioned Mt. Plymouth-Sorrento communities, although there was a misunderstanding by some that that was the case.  She suggested that a large disclaimer be used in the future for those types of agreements if utilized as opposed to the language currently in those agreements which was directed toward the developer and the city rather than toward future homeowners.  She emphasized that they do not have a legal obligation to honor that agreement, since they were not a party to it, and it does not state anywhere in the statute governing ISBA’s that a County Commission is bound to approve an ISBA.  She elaborated that the City of Eustis’ agreement with the developer is regarding contiguity and not noncontiguous annexations, and there was never any contemplation of this kind of situation at that time.

Mr. Tom Carrino, the Economic Development Director for the City of Eustis, related that there were several items that excited him about the economic development opportunities when he first started working for the City, one of which was the three-block area of the former Waterman Hospital site in a quaint historic downtown, which he opined was a rare opportunity, and he reported that they were working with the owners of that property to get that site redeveloped.  He added that other exciting opportunities they had looked at for the future were for a commuter rail connection to the City of Orlando and the growth and development of the tax base to the east.  He commented that he has seen the loss of population and an inability to grow by cities he had worked for in the past that tried to maintain the status quo and that got left behind by nearby cities which were growing very quickly, and it was hard to turn around that trend of tax base erosion and disinvestment once it started, especially since the City of Eustis had some geographic restrictions for growth.  He opined that although the proposal before the Board did not eliminate concerns of future annexation for the subdivisions in question, it made some concessions, and the ISBA allowed annexation into the City of Eustis for those property owners within the proposed area not within those subdivisions who were interested in that annexation and would potentially provide some growth for the tax base into the future and investment in the community.

Mr. William Benner, a resident of Red Tail, pointed out that no one had discussed what this annexation would mean to Lake County.  He added that Red Tail has not been built out yet, since only 180 of the sites out of 320 were currently built on, and there were other available sites in the Serenity community as well.  He opined that this annexation would have a chilling effect on the rate of construction of new homes and the existing home values, since the monthly cost of the home would go up due to increased property taxes, and he believed this would have a depressing effect of about 9 percent on home values in those communities, which would cost Lake County at least $1 million per year in lost tax revenues.  He commented that the approval of this annexation would also change the precedent of the County never approving the annexation of residential communities, which could open the door for other similar requests.  He concluded that he did not believe this would be a good deal for Lake County.

Ms. Betty Ann Sudbury, a resident of Red Tail, thanked the Board for the opportunity to speak and stated that she was an emergency room nurse for 30 years and was now self-employed.  She commented that she bought her home for the quality of life of the rural lifestyle and liked the fact that there was less government and property tax and that she received essential services.  She emphasized that she and her husband had no idea of this annexation when they purchased their home and were never alerted to it by the builder.  She related that logically this annexation did not have any benefit to her as a homeowner who was looking to have a comfortable retired life in Red Tail, since a 25 percent reduction in their water bill would not make up for a 40 percent increase in their property taxes.  She added that they lived in a unique geographical area where they could travel east to Sanford for shopping and services or west to Mount Dora, but she did not usually travel to Eustis.  She respectfully requested that the Board vote against this annexation now and in the future, since the residents did not want it and were not getting any benefit from it.

Mr. Joe Perez, a resident of Red Tail, related that the increase in property taxes would put him and other homeowners in the community at a distinct disadvantage when selling their home by resulting in higher monthly payments than a similar home in the unincorporated area and reducing the value of their home by 9 percent.  He calculated that if each of the 300 homes in Red Tail that are presently built or expected to be built in the future lost that amount of value, the County could lose millions in tax revenue.  He opined that although they needed government to some extent, they did not need larger government, and they needed to learn to operate with what they had.

Mr. John Harris, a resident of Red Tail, related that he moved there from Heathrow because he liked the rural setting and the fact that it was part of unincorporated Sorrento.  He expressed suspicion of both the original and the revised proposal for this annexation, noting that the residents had no interaction or vote on the matter with the City of Eustis.  He commented that while they appreciated the fact that they get water and sewer service from the City, they had been paying a premium for that service.  He asked the Board to allow the residents of Sorrento to stay in a rural and thriving Lake County community rather than to be part of the City of Eustis.  He added that many of the residents at Red Tail had bought their houses at the height of the market and owed more money on the home than it was worth, and this annexation would add another problem on to that, especially for those who intended to sell their homes who would take an even larger loss.  He concluded that none of the residents knew about this ISBA and annexation effort until the County brought it to their attention.

Mr. Ron Neibert, City Manager for the City of Eustis, thanked the Board for their willingness to hear and consider the City’s proposals as they move through the negotiating process and partner with Lake County to provide quality services to the residents of the county while providing Eustis the opportunity to prosper and thrive.  He commented that Eustis deserved the same opportunities to serve and grow that had already been provided to seven other communities in Lake County through ISBA agreements, and the City has served east Lake County over the past 13 years, including providing municipal services to the communities of Red Tail, Serenity, and Sorrento Springs.  He added that obligations were made and considerations given at that time, and he assured everyone that the City understood the concerns of the residents in those areas about annexation; however, they felt that their compromise proposal up for consideration provided fairness to both parties by giving a minimum of four years lead time before annexation while giving new and current residents of Eustis a fair chance to benefit from the opportunities before them.  He pointed out that the ISBA provided for fire and EMS services from both Eustis and Lake County, increasing the level of protection.  He also opined that the ISBA agreement with the County would not be different from that of other municipalities, noting that the County’s ISBA with Clermont included already developed commercial, multi-family, and single-family developments.  He commented that counties and communities needed to grow to continue to provide those base services that residents relied on and the ability to improve the quality of life, but if Eustis was denied this opportunity, their ability to increase quality of life would be stymied and their capacity to maintain services would become more difficult as communities who had been provided ISBA authority grew and redirected per capita revenue and growth opportunities from Eustis.  He elaborated that they had to look and plan ahead for growth that was coming, and Eustis had the resources right now to shape the future as Lake County, Eustis, and Mount Dora consider their options to expand services.  He concluded that the Eustis ISBA proposal made the most common sense and was the most cost effective decision for all the taxpayers of Lake County.

Mr. Bob Hayden, a resident of Red Tail, recapped that he had looked for a home in a safe, rural area four years ago when he retired and found it in Red Tail.  He noted that the purchase agreement in the disclosure section listed Homeowner Association (HOA) fees, membership fees, and property taxes, but there was no mention in the purchase agreement of any potential annexation agreement to any municipality.  He commented that although the City of Eustis claimed to have a contract, he believed that contract law required that all parties had to be aware of the contract.  However, none of the residents knew anything about the annexation agreement that was executed by the developer and the City of Eustis until it was mentioned at an HOA meeting on May 2, 2017.  He mentioned that the Boston Tea Party was the consequence of taxation without representation 241 years ago, which along with other travesties led to the creation of the Declaration of Independence.  He pointed out that the City of Eustis wanted to annex their community and tax them without following standard annexation protocol which would grant them the right to vote, and this would result in an increase in their taxes by approximately 40 percent as well as lowering the value of their property.  He respectfully asked that the Board vote against this or any future efforts to annex their community.

Ms. Susan Hooper, a 35-year resident of Eustis, commented that she loved living in Eustis, which reminded her of Winter Park many years ago.  She opined that the City wanted to keep their identity and endeavored to be a welcoming and friendly place.  She stated that the disparaging remarks that were made about Eustis since this issue came to light made her sad and offended her.  She recapped that she has been involved with the Eustis Historical and Preservation Society, the Eustis Art League, the Code Enforcement Board, and the Chamber of Commerce; and she had been a Commissioner, Mayor, and Vice Mayor of the City of Eustis.   She related that she believed people needed to get involved and talk to each other.  She opined that since property values were increasing in Lake County, the residents should not worry about their property values.  She summarized that she did not like the inflammatory rhetoric that she read in the newspapers or heard during discussions and opined that Eustis is a wonderful and family-friendly city.   She also suggested that the residents get involved with their City.

Ms. Heather Brush, a resident of Sorrento and a Lake County resident for over 20 years, commented that she was strongly against any city trying to annex their property to increase their tax base in order to help solve their financial problems, and she pointed out that their property was rural, zoned Agricultural, on a private road, and was far from urban.  She added that most of the nearby residents in that community had livestock on their properties, which consisted of multiple acres, and they received no services from the City of Eustis, since they had a well and a septic tank.  She stated that she did not understand why her community was included in the possible annexation areas.  She also expressed concern that there would be confusion regarding services such as police and fire, and she remarked that they only wanted to be governed by County government and did not need or want to be part of a city.  She concluded that she believed it was wrong for them to annex any of those properties, especially theirs, and strongly asked the Board to deny this request.

Mr. Alan Bird, a resident of Sorrento, commented that he loved the rural lifestyle of the area and thanked Commr. Campione for bringing this issue to the attention of the residents in Sorrento Springs.  He strongly asked that the Commissioners vote against the annexation for all of the reasons that they have heard already.  He noted that he liked the City of Eustis and frequented some of the businesses in the quaint downtown area.

Mr. Paul Saady, a resident of Serenity at Red Tail, thanked Commr. Campione for the excellent job she did in presenting the issue they were discussing that day, and he related that there were 18 lots left to be built on in his development.  He emphasized that none of the residents were told about a possibility of this annexation, and attorneys that were consulted did not find anything contained in their documents.  He mentioned that the home builder had just started telling potential buyers in the area two weeks ago about the potential of a future annexation, and a realtor selling those homes has indicated to him that that disclosure has already cost her two sales.  He noted that there was a concern about the added property tax, which was higher than many other cities, and he liked not having to pay city taxes as well as being in a rural area.  He summarized that the people in the area have spoken to indicate that they did not want this annexation and requested that the Board vote against it.

Mr. John Owens, a resident of Eustis, stated that he had been a member of the Eustis City Council and related that he understood the problems they were having.  He noted that he lived in an enclave about a mile and a half from the downtown Eustis area between the middle and senior high schools and that he had city water but no sewer service.  He asked that the City of Eustis improve some of his services, such as his sidewalk, streetlights, roadways, and trash pickup if it was going to annex his area; and he expressed disappointment that he was not already within the city limits of Eustis.

Commr. Sullivan commented that there were often issues with ISBA’s regarding utilities, although each one was different and could be useful tools in preventing overlapping services.  He opined that the City of Eustis has acted in good faith trying to move this forward; however, he believed that the fact that the residents were not aware of the ISBA could create a legal issue.  He also opined that he did not believe that he wanted to approve the ISBA or the proposal before the Board.  He pointed out that although the City of Eustis provided the water and sewer services which enabled those developments to be built, the residents were paying for those services, and he did not think it was fair for those residents to be annexed involuntarily.  He added that Lake County was growing rapidly.

Commr. Breeden asked that the County Attorney go over what the options were and what the next steps in this process should be.

Ms. Melanie Marsh, County Attorney, explained that because an alternative proposal was given to the Board, at this point the County’s options were to either accept or reject that proposal or submit an alternative proposal for the Cities of Eustis and Mount Dora to consider.  She related that if the Board rejected that proposal, they should also make a decision about whether they wanted the County Manager and the City Managers to meet again for another conflict assessment meeting.  However, if the Board did not believe that would be fruitful, they would need to make a motion to proceed to a meeting of the joint elected officials.

Commr. Campione commented that she did not favor ISBA agreements and believed the County should try to terminate the ones that were in existence.

Commr. Blake stated that it was apparent to him after listening to the comments from both sides that those on either side of this issue understood the position of the other side, and the Board needed to decide whether allowing annexation would benefit those who would be most affected by it.  He commented that he had never been in favor of noncontiguous annexation, especially without general consent.

Commr. Parks commented that he thinks Eustis is a great city.  He predicted that the population of Lake County would grow by another 100,000 people in the next 8 to 10 years, and the cities and the County would need to work together to address that.  He stated that residents needed to be aware of all the issues concerning a property when buying it, and he did not believe that the residents involved were aware about the possibility of the annexation requirement.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board rejected the proposal by the City of Eustis and approved to move forward with the joint elected officials’ meeting of the County and Cities of Eustis and Mount Dora within 50 days per statute in order to bring this issue to closure, along with a plea to the City of Eustis to consider withdrawing the ISBA request and start from scratch if they chose to continue to pursue this issue.

Ms. Marsh added that there would be a mediation phase if there was no resolution at that joint meeting, and a second and final joint public meeting of the elected officials would occur if there was no resolution at the mediation before an impasse is declared.

recess and reassembly

The Chairman announced at 12:30 p.m. that there would be a ten-minute recess.

letter to governor regarding mpo

Commr. Sullivan commented that he believed that a Commissioner needed to make a trip to Tallahassee to meet with the Governor’s staff on the issue regarding the Lake-Sumter Metropolitan Planning Organization (MPO), using the letter they composed as a framework for that discussion.

Commr. Campione volunteered to make the trip to have that discussion on behalf of the Commission; however, she indicated that she would not support the last two sentences of the letter on Page 2, third paragraph regarding the personnel issues and the potential for reducing membership.  She elaborated that the personnel issue should be left for the MPO governing board rather than the Board to unilaterally address, since it represents all of the cities.  She expressed agreement with the statements in the letter that the MPO serves their community and cities well, that they do not want to be part of Metroplan Orlando, and that they would be concerned about taking on a huge financial burden in order to be freestanding.

Commr. Breeden commented that she believed there was merit in including a modified version of the spreadsheet that shows the makeup of the other MPO’s, although she did not think they should dwell on the issue of the membership.

Commr. Campione agreed that the spreadsheet would show that their MPO was actually consistent with others rather than being an anomaly and followed what the statute and federal legislation required as far as representation of the three urbanized areas and the cities in those areas.  She suggested that they mail or transmit the letter with a request to set up a meeting and follow up on that.

Commr. Breeden opined that it would be better to set the meeting before sending the letter.

Commr. Blake related that he wanted to reiterate the statement that Sumter County’s request was counterintuitive to the reasons they previously gave for wanting to be included in Metroplan.  He indicated that he respected everyone’s different perspective on the personnel issue, and he did not want to distract the Governor’s staff from the main issue and the fact that Sumter County was not speaking for the Board.

Commr. Breeden indicated that she believed that they should use Commr. Blake’s version of the letter without the two sentences previously referenced, and she commented that although she had great respect for Metroplan Orlando, they already had a lot of other issues to focus on.

Commr. Campione clarified that they would use the first letter with the strikethroughs and include the language that was added in blue which indicated the inconsistencies of Sumter County’s requests.

Commr. Parks clarified that a statement would be included in the letter stating that they believe that “it would be more appropriate to consider reapportionment of MPO voting membership after the next census, which would occur in three years.”

Commr. Breeden suggested that they add a sentence indicating that they have attached a spreadsheet illustrating that an analysis of Florida’s MPO supported the composition of the Lake-Sumter MPO governing Board.

Commr. Campione clarified that the Board agreed with Commr. Breeden’s suggestion to add the sentence referencing the above-mentioned spreadsheet.

Ms. Marsh added that they will have letters and/or resolutions from Clermont, Lady Lake, Minneola, and Howey in the Hills supporting their positions and suggested that they reference those as attachments to the letter as well.

Mr. Cole related that he wanted to enclose a cover letter from him responding to the original letter that he received from the Sumter County administrator, and he noted that he has already transmitted the original letter that the Chairman sent after the last meeting.

On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved sending the version written by Commr. Blake, striking the last two sentences on the second page underlined in blue, with the addition of the sentence from Commr. Breeden’s proposed letter stating that the attached analysis of Florida’s MPO’s supported the composition of the Lake Sumter MPO governing board, along with letters or resolutions from Clermont, Minneola, Lady Lake, and Howey in the Hills and a cover letter from Mr. Jeff Cole, County Manager, responding to the Sumter County Administrator; and that Commr. Campione would be representing the Board before the Governor’s staff.

fiscal and administrative services

solid waste and fire assessment resolutions

Mr. Steven Koontz, Assistant County Manager, related that the purpose of the presentation was to discuss the Solid Waste and Fire Assessments and establish a public hearing date for September 12.  He explained that the Solid Waste Assessment was used to fund collection, management, and disposal of residential solid waste and recovered materials in unincorporated Lake County, noting that the assessment rates must be set annually and are included on the TRIM notices.  He added that the vacant lots are not currently assessed, the rates are based on area and service level, and the estimated revenues that are expected to be generated next year are $12.6 million.  He elaborated that the Solid Waste Assessment rates included the collection, disposal, and administrative costs; and the approval would include the rates for the third year of their current solid waste contract, which he pointed out had not changed since the inception of this agreement.  He displayed a chart illustrating that the cost for the 1x1x1 service was $176 in the North Area (Area 1); $168 in the Central Area (Area 2), and $189 in the South Area (Area 3); and the cost for the 2x1x1 service was $222 for Area 1, $207 for Area 2, and $231 for Area 3.

Mr. Koontz explained that the Fire Assessment was used to fund fire protection services such as fire suppression, fire prevention, fire building inspections, and first response medical services (BLS); however, it cannot fund Advanced Life Support (ALS) Services but could be used for capital expenses.  He elaborated that the assessment rates were calculated based on call data and the distribution of incidents, the allocation of resources and budget, and the proportionate share of each land use.  He added that the Lake County General Fund provided 100 percent of the calculated fees for buildings identified as governmental within the Institutional land use and 66 percent of the funding for buildings identified as not for profit, such as churches.  He recapped that Tindale Oliver and Associates was tasked with providing an annual technical study using the most recent budget information, call data, and distribution of resources by land use.  He noted that the Board was still required to provide a discount of at least $500,000 from the maximum that could be assessed per a previous legal settlement.  He recapped that there were discussions with the Board about vacant land due to an internal audit which recommended in November of 2016 that staff analyze the possibility of assessing vacant land, and he reported that there had been some recent changes concerning vacant land that made this allowable, including a Florida Supreme Court Ruling that validated the ability to assess developed and undeveloped property and House Bill 773 approved at the 2016 legislative session that exempted agricultural property from being assessed as of November 1, 2017.  He gave a summary of the conclusions from the Tindale Oliver study, noting that they found a stable assessment factor for BLS vs. ALS of about 79 percent, stable property units by land use, and a slight change in the incident and resource distribution which reflected a slight decrease in institutional; and they calculated the maximum assessment rates for all land uses and a reduced assessment option based on the staff-recommended budget.

Mr. Koontz reported that the study concluded that the use of vacant land would result in improved equity, at least 20 Florida jurisdictions assess vacant land with fees ranging from $20 to $70 per parcel, and vacant land’s assessable budget was half the full allocation due to a reduced benefit received.  He stated that the maximum fire assessment rates that Tindale Oliver recommended would generate about $20 million, noting that the Board has never chosen to assess the maximum rate, and the reduced fire assessment rates based on the staff-recommended budget would generate approximately $18 million in revenues for FY 2018, which would maintain the current levels of service and would be a five percent increase over FY 2017.  He pointed out that the staff analysis indicated that the inclusion of vacant land would more equitably distribute the cost of fire rescue services, and rates for all land uses would need to increase based on the proposed budget if vacant land was not included in the allocation.  He recapped that the Board approved the staff-recommended budget with vacant land and the associated assessment rates to be included in the Assessment Resolution that was to be approved that day for inclusion in the TRIM notices.  He presented a chart showing the current adopted fire assessment rates for the residential, commercial, industrial, hotel/motel, and institutional uses that were currently being charged, as well as the calculated rates for FY 2018 with and without vacant land.  He pointed out that the calculated rate that would have been charged to support the recommended budget would have resulted in an increase in the residential rate from $175 to $185, but the residential rate would be $173 if the vacant land use was included as the sixth land use at a flat rate of $50 per parcel, with decreases seen in most of the other land uses as well.  He requested approval of the Initial Assessment Resolutions for both the Solid Waste and Fire Assessments and establishment of a public hearing date of September 12, 2017 at 9:00 a.m. for both assessments.

Commr. Breeden asked whether the County previously assessed agricultural property for fire services.

Mr. Koontz responded that they never had assessed agricultural property, and this assessment did not contemplate doing so. However, he wanted to clarify for the Board that they had kept agricultural uses out of the calculations.

Commr. Campione asked whether only parcels that were useable and buildable would be assessed.

Mr. Koontz answered that they would not include any land in the vacant land assessment that was listed as unbuildable in the Property Appraiser’s database.

On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2017-78 which initiates the annual process for preparation of the Solid Waste Assessment Roll, authorizes the publication of the advertisement for a September 12, 2017 Public Hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of the Solid Waste Assessment fees for the Fiscal Year beginning October 1, 2017.  The fiscal impact is $12,614,476.00 (Revenue).

On a motion by Commr. Campione, seconded by Commr Breeden and carried by a vote of 3-2, the Board approved Resolution No. 2017-79 which initiates the annual process for preparation of the Fire Assessment Roll, authorizes the publication of the advertisement for the September 12, 2017 Public Hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of the Fire Assessment fees for the Fiscal Year beginning October 1, 2017.  The fiscal impact is $18,047,500.00 (Revenue).

Commr. Parks and Commr. Blake voted “no.”

Commr. Campione commented that she believed that assessing vacant land would bring more equity to the way the fire assessment was done, allow them to fund the fire budget, and reduce most of the categories.  She concluded that she believed this assessment was appropriate, fair, and equitable.

setting maximum millage rates to be included in trim notice

Mr. Koontz stated that the purpose of this presentation was to set the maximum millage rates to be included on the TRIM notices and to approve the public hearing dates and times.  He displayed a chart illustrating the certified property values that they received from the Property Appraiser on July 1 compared to the FY 2017 values, noting that there was a 9.08 percent increase in values for the Lake County General Fund Countywide Millage, Ambulance MSTU, and the Public Lands Voted Debt and a 6.5 percent increase in the Lake County Fire Rescue and the Stormwater, Roads, and Parks MSTU values.  He summarized that the total FY 2018 proposed budget was $383 million, and they would be going through the process of looking at purchase order carryforwards and making any changes that needed to be made due to new information between that point in time and the first public hearing.  He elaborated that currently there were $18 million in purchase order carryforwards that were expected to decrease during that time.  He listed some changes to the proposed budget since his last presentation on June 20, including a reduction of $95,000 in the Supervisor of Elections’ budget request and a request from the Clerk of Court to include funding for staff raises; and he assured the Board that the County Manager and staff were continuing to evaluate opportunities for operational efficiencies.  He reported that there were a total of four positions being added, three for the animal shelter and one for veterans services, and one vacant position was being deleted in Probation due to a reduced case load.  He reported that the total General Fund budget at this point in time was $148.6 million, and the ad valorem revenues that made up the General Fund was $97.7 million.  He added that $2.2 million of the infrastructure sales tax was being used to offset debt service in the last quarter of the current authorization, which was the first quarter of next fiscal year, and the General Fund reserves would meet the Board’s requirement of 7 percent at $8.7 million.  He noted that there were some additional undesignated funds in the amount of $645,000.  He displayed a chart of the proposed millages, noting that the total millage would be 6.5470, with the General Fund millage rate at 5.1180, both of which were the same rates as last year, and he pointed out that the Public Lands Debt Service millage was considered separately.  He related that the first public hearing for the budget was September 12, 2017 at 5:05 p.m., and the final public hearing for the budget was scheduled for September 26, 2017 at 5:05 p.m.  He requested that the Board approve the establishment of the maximum millage rates to be included on the TRIM notices and the above-mentioned public hearing dates.

Commr. Campione commented that she believed it would be prudent to approve the maximum rates presented and to keep working towards trying to find some reductions.  She also opined that it was important to delineate for the public exactly where those tax dollars were going and the challenges that the County was up against, such as the constitutional offices’ budgets and the debt service that would have to be paid out of the General Fund on an ongoing basis for the Judicial Center when they could no longer use sales tax revenue for that debt service.

Commr. Parks commented that he has been impressed with the County Manager for finding some of those departmental efficiencies.  He opined that the public might be concerned with the low amount of funds currently in reserve, which was only enough to operate for 60 days in the case of an emergency, and he expressed assurance that the County will try to build those back up.

Commr. Blake stated that although he understood the significant budget challenges the Board faced, he could not support anything but the rollback rate, and he would work with Mr. Cole to find additional efficiencies and opportunities to reduce the overall tax burden.

Commr. Sullivan commented that although he would like to go to the rollback rate, he believed that the constitutional officers’ requests would preclude that, but he noted that they had a timeframe to try to reduce expenses.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved the request to establish maximum millage rates to be included on TRIM notifications, as follows: 5.1180 for the Lake County General Fund millage, 0.4629 for Lake County Ambulance, 0.4957 for the Parks and Stormwater MSTU, 0.4704 for the Fire Medical Services MSTU, and 0.1524 for the Public Lands Voted Debt.

Commr. Breeden asked whether they could ask some of their constitutional officers to accept a lower increase.

Commr. Sullivan stated that some of the constitutional officers believed that the County did not need to raise the millage rate in order for them to receive those increases because of the growth in property values, but he expressed a willingness to revisit this issue with them.  He pointed out that a large part of the increase requested by the Supervisor of Elections was for equipment to satisfy mandated ADA (Americans with Disability Act) requirements.

Mr. Cole noted that the Supervisor of Elections later consented to a $95,000 reduction after being asked by the County to try to reduce his budget, and he assured the Board that he did ask all the constitutional officers about possible reductions in their budgets.

Commr. Sullivan added that the Sheriff expressed an intention to add six new positions, give raises to his employees, and possibly add a new school resource officer to his staff.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the public hearings at 5:05 p.m. on September 12, 2017 and September 26, 2017 and approval to advertise these public hearings.

other business

appointment to keep lake beautiful advisory committee

Commr. Campione commented that there were several great applicants for this appointment to the Keep Lake Beautiful Advisory Committee, and she would like to see as much cross section as possible in order to have participation from all parts of the county.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. William Binneveld as  citizen member to the Keep Lake Beautiful Advisory Committee to serve a four-year term beginning July 11, 2017.

appointments to affordable housing advisory board

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2017-80 appointing the following members to positions on the Affordable Housing Advisory Board:  Jennifer Balliett as a resident who is actively engaged as a real estate professional in connection with affordable housing; Dr. Dorothy Hooks as a resident who is a concerned citizen for affordable housing; and Cassandra Brown as a resident who represents essential services personnel as defined in the housing assistance plan; as well as approval of waiver of ethical conflict for Cassandra Brown.

appointment to children’s services council

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the appointment of Lily Ramcharran as a District 2 representative on the Children's Services Council to serve a two-year term beginning May 15, 2017.

reports – commissioner parks – district 2

medical marijuana ordinance

Commr. Parks explained that this ordinance would just extend the moratorium, and he opined that the state has put the County in a difficult situation of either banning the dispensing of medical marijuana or allowing it to be dispensed in a facility that could be regulated similarly to that of pharmacies, requiring that they were at least 500 feet from churches or schools; however, he explained that this would not affect the growing and agricultural aspect of medical marijuana.  He also commented that the state regulations did not allow for an ordinance that would be a middle-ground option.  He clarified that this ordinance would also not ban a person’s ability to get medical marijuana in Lake County, since the law allowed couriers from businesses that are currently in operation to deliver whatever was legal to a resident.

Commr. Breeden stated that she believed that the County would have to make a decision about what to do regarding this issue at some point in the near future rather than continuing the moratorium indefinitely while waiting for the state to take action.

Commr. Parks expressed concern that all of the dispensaries would end up being located in Lake County if they allowed it while the surrounding counties prohibited it.  He agreed that they would have to make that decision at some point.

Commr. Sullivan commented that there were still some issues regarding this that have not yet been worked out administratively, and this ordinance would give staff time to do research regarding pharmacies and bring it back before the Board.  He related that he believed that they needed to deal with this issue by November.

Commr. Campione asked whether cities would be able to allow medical marijuana dispensaries.

Ms. Marsh responded that the cities had the same option that the County had of allowing it where pharmacies were allowed or banning it.  She elaborated that the City of Leesburg has had a ban on low THC within their city limits in place since 2014.

Commr. Campione noted that this ordinance would give the County time to get feedback from their constituents and to find out what the cities were doing, with the understanding that medical marijuana would still be available by courier or by obtaining it elsewhere.

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to advertise an ordinance amending Lake County Code, Chapter 3, Article IX, entitled Medical Cannabis Activities, extending the temporary moratorium concerning medical cannabis activities in unincorporated Lake County until November 30, 2017, and authorization by a majority plus one vote to hold the Second Public Hearing of the proposed Ordinance at 9:00 a.m. There is no fiscal impact.

Ms. Melanie Marsh further clarified that the first public hearing for this ordinance would be on August 8, and the final adoption would be on August 22.

issue regarding construction in johns lake landing

Commr. Parks related that a resident came to him about a problem in Johns Lake Landing in South Lake where construction was going on seven days a week at all hours, asking him whether the County could impose reasonable hours on this activity.  He elaborated that Code Enforcement determined that there was nothing they could do about that situation, and he asked to work with the County Attorney on tweaking the requirements to solve this issue.  He added that he had a similar complaint from another resident in a different neighborhood.

Ms. Marsh pointed out that the County’s noise ordinance prohibited residential construction activities between the hours of 9:00 p.m. and 6:00 a.m., including the use of tools and equipment or any drilling, repair, alteration, or demolition work.  She stated that they could look into tweaking those hours.

Commr. Parks expressed concern that there was limited County staff to enforce those regulations.

Commr. Campione suggested that the residents make a video with their phones to document when the construction work was being done and send that as evidence.

Ms. Marsh elaborated that the resident could send the County that evidence, but the resident would also have to testify in front of the special master confirming that they took the video and when they took it.

Commr. Campione also suggested that they look into whether there were any regulations in place of that type in the Villages, where there was often construction going on.

Commr. Breeden added a suggestion to look into what other surrounding counties did.

interlocal service boundary agreement with clermont

Commr. Parks requested that the County Manager and County Attorney discuss the ISBA issue with the City of Clermont.

Mr. Cole assured Commr. Parks that they will proceed with that.

fourth of july events in lake county

Commr. Parks commented that he appreciated all of the July 4th events that all of the cities had around Lake County and mentioned that he participated in the parade in Tavares before attending the events in Clermont.

reports - commissioner breeden – district 3

keep lake beautiful event in bassville park

Commr. Breeden reminded everyone of the Keep Lake Beautiful event in Bassville Park that Saturday, July 15, from 9:00 a.m. to 12:00 p.m.

email from florida county commissioners white house tours

Commr. Breeden mentioned that they had been getting emails from the Florida County Commissioners White House Tours.

Commr. Sullivan assured her that the Florida Association of Counties (FAC) determined that it was a legitimate request from the Division of Intergovernmental Relations from the White House.

Commr. Campione clarified that there was a meeting of Commissioners in Washington DC on July 27, which was the same day as the ribbon cutting of the Wekiva Parkway at Kelly Park Road.  She opined that it would be very interesting to attend that event and hear what the other Commissioners from around the country are discussing regarding the federal government’s help with local needs.

Commr. Sullivan mentioned that the concern he would discuss if he attended would be infrastructure and the concern about mandates being passed to the lower forms of government.

reports – commissioner campione – district 4

bassville park issue

Commr. Campione suggested that they look at having a town hall meeting in Bassville Park to hear from that community as well as the option of the Sheriff providing enhanced service in that area if the residents were willing to pay for it in order to help solve the challenges faced by the community, noting that they could start it as a pilot program.  She added that the County should also look into how they could increase the efforts of Code Enforcement in that area by looking at different approaches used by other communities that have been successful in improving a blighted-type situation.

Mr. Cole assured her that they will work on setting up the town hall meeting and look into whether Code Enforcement could do more there, adding that there currently was about 40 open cases in Bassville Park that were being worked on by staff.

Commr. Sullivan related that the Sheriff had spoken to the individuals from Bassville Park who had expressed their concerns during the Citizen Question and Comment Period earlier and assured them that he would add resources to that area.

Mr. Cole suggested that they invite the Sheriff to participate in the town hall meeting.

Commr. Campione opined that they needed to talk to the Sheriff specifically about what might be needed and suggested that Public Works look into installing traffic calming measures on some of the roads there, such as speed bumps in order to discourage or slow down the problematic motorcycle traffic.

commissioner sullivan – chairman and district 1

appointments to value adjustment board

On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the appointments of Commr. Sullivan and Commr. Blake as two (2) County Commissioners and Mr. Brian Feeney as one (1) citizen member to the Value Adjustment Board.

resolution designating memorial highway

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2017-81 supporting the designation of a portion of SR 19 between SR 50 and CR 478/Cherry Lake Road as "Sergeant Marvin L. Roberts Memorial Highway," per Commissioner Sullivan to honor a fallen soldier.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:30 p.m.

 

__________________________________

timothy i. sullivan, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK