LAKE PLACID TOWN COUNCIL Regular Meeting August 10, 2020 5:30 PM Town of Lake Placid Government Center 1069 U.S. Highway 27 N, Lake Placid Florida 33852 Invocation Pledge of Allegiance Call to Order – Mayor Holbrook Roll Call Mayor John Holbrook Council Member Ray Royce Council Member Debra Worley Council Member Charles Wilson Council Member Greg Sapp 1. CONSENT AGENDA 1 A. Approval of Agenda B. Approval of Minutes Town Council Regular Meeting July 13, 2020, and Town Council Budget Workshop July 22, 2020. C. Approval of Departmental Financial Reports for the month of July 2020 D. Approval of all duly authorized monthly bills July 2020 Less Royce Supply E. Approval of Monthly Budget Report July 2020 F. Approval of Highlands County Interlocal Agreement for Planning Services 2020-2021 2. CONSENT AGENDA 2 A. Approval of duly authorized monthly bills July 2020 Royce Supply 3. Presentations / Citizens on Agenda A. FY2018-2019 Annual Town Audit for approval B. Proclamation 2020-2 Disabled American Veterans Day 2020 4. Public Hearing A. Second Reading - Request for Rezoning from Highlands County Limited Business District (B-2) to Town of Lake Placid Planned Development (PD) District LPTC.20.008RZ B. Emergency Ordinance 2020-799 An emergency ordinance of the Town of Lake Placid, Florida relating to the “National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” 5. Resolutions 6. TOWN ATTORNEY/PLANNING/DEPARTMENT HEADS/MAYOR/COUNCIL MEMBERS A. Council Members B. Planning C. Town Attorney D. Town Administrator 1. 2020-2021 Town of Lake Placid and CRA Proposed Budget discussion 7. MAYOR/COUNCILMEMBERS 9. CITIZENS NOT ON AGENDA (Comments are to be limited to 3 minutes, unless a longer period of time is permitted by the presiding officer or by a majority of the Town Council) TCAgendaPackage081020 Page 1 of 205
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LAKE PLACID TOWN COUNCIL Regular Meeting
August 10, 2020 5:30 PM Town of Lake Placid Government Center
1069 U.S. Highway 27 N, Lake Placid Florida 33852 Invocation Pledge of Allegiance Call to Order – Mayor Holbrook Roll Call Mayor John Holbrook Council Member Ray Royce Council Member Debra Worley Council Member Charles Wilson Council Member Greg Sapp 1. CONSENT AGENDA 1
A. Approval of Agenda B. Approval of Minutes Town Council Regular Meeting July 13, 2020, and Town Council
Budget Workshop July 22, 2020. C. Approval of Departmental Financial Reports for the month of July 2020 D. Approval of all duly authorized monthly bills July 2020 Less Royce Supply E. Approval of Monthly Budget Report July 2020 F. Approval of Highlands County Interlocal Agreement for Planning Services 2020-2021
2. CONSENT AGENDA 2
A. Approval of duly authorized monthly bills July 2020 Royce Supply 3. Presentations / Citizens on Agenda
A. FY2018-2019 Annual Town Audit for approval B. Proclamation 2020-2 Disabled American Veterans Day 2020
4. Public Hearing
A. Second Reading - Request for Rezoning from Highlands County Limited Business District (B-2) to Town of Lake Placid Planned Development (PD) District LPTC.20.008RZ
B. Emergency Ordinance 2020-799 An emergency ordinance of the Town of Lake Placid, Florida relating to the “National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak”
5. Resolutions 6. TOWN ATTORNEY/PLANNING/DEPARTMENT HEADS/MAYOR/COUNCIL MEMBERS
A. Council Members
B. Planning
C. Town Attorney
D. Town Administrator 1. 2020-2021 Town of Lake Placid and CRA Proposed Budget discussion
7. MAYOR/COUNCILMEMBERS 9. CITIZENS NOT ON AGENDA (Comments are to be limited to 3 minutes, unless a longer
period of time is permitted by the presiding officer or by a majority of the Town Council) TCAgendaPackage081020 Page 1 of 205
10. AJOURNMENT Any person who might wish to appeal any decision made by the Lake Placid Town Council, in public hearing or meeting is hereby advised that he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to be based. The Lake Placid Town Council, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Council’s functions, including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act or Section 286.26 Florida Statutes should contact Town Administrator Phil Williams, ADA Coordinator at: 863-699-3747 or by email [email protected]. Requests for CART or interpreter services should be made at least 24 hours in advance to permit coordination of the service. PLEASE NOTE OUR WEB SITE ADDRESS: www.lakeplacidfl.net
LAKE PLACID TOWN COUNCIL and CRA 2020-2021 Budget Workshop 07/22/2020 5:30 PM
Town of Lake Placid Town Hall 1069 U.S. Highway 27 N, Lake Placid Florida 33852
Mayor Holbrook called this Town council and CRA Budget Workshop to order on Wednesday, July 22, 2020 at 5:30 pm at Town Hall, 1069 U.S. Highway 27 N, Lake Placid, Florida. Chief Fansler gave the invocation and led the Pledge of Allegiance. A quorum was present.
Present Mayor John Holbrook Council Member Ray Royce Council Member Debra Worley Council Member Charles Wilson Council Member Greg Sapp Others Present Town Administrator Phil Williams Town Clerk Eva Cooper-Hapeman Finance Director Rachel Osborne Public Works Director Alan Keefer Utility Director Joe Barber Chief James Fansler
1. FY2020-2021 Budget A. 2020-2021 Town of Lake Placid Budget B. 2020-2021 Town of Lake Placid CRA Budget
• Lake Placid Chamber of Commerce Representatives requested the town include in the proposed budget funding for the chamber the town becoming a silver sponsor. Council Member Royce commented the chamber has been a good partner with the town. The council were in consensus to include the chamber funding in the proposed budget.
• Mr. Hogan a representative for the Lake Placid Jaycees requested funding for the fire works display for lake placid, the previous year was not included in the town budget. Council discussed various levels to included in the proposed budget. The council’s consensus to include $3000 for fire works funding.
• Mayor Holbrook, council and department heads reviewed each department proposed budget, including the revenue and expenses. The council requested the following changes to the proposed budget by department.
o Council Member Royce recommended to take out some budget items, but added that council has the discretion to revisit these budget items at a later date as a budget amendment. Recommended to removing the following from the proposed budget: The Video Streaming which was spread out between all departments, the generator for the Government Center. In regards to the LED sign, recommendation was to look into a portable LED sign.
o Water and Wastewater there were no changes to the proposed budget requested by the council.
o Lake Placid Police Department (LPPD) remove 001-521-630 Capital outlay for building the renovations to the old town hall to relocate the LPPD. Recommendation for the town council to hold planning workshops to discussed the towns assets. Reduce 001-521-643 Capital outlay for vehicles the proposed vehicles to $45,000.
o Code Enforcement reduce the books, dues, pub, travel and training & education line items to $1000.
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1.B TCBudgetMeetingDraftMinutes2020-07-22
o Mr. Williams confirmed that a letter was sent to Sherriff Blackman in regards to the safety resource officer for $25,000. Mr. Williams informed council that the Sheriff’s office was also called. Consensus of the council is not to include a resource officer for the Highlands County Sheriff’s Department in the proposed budget.
o Streets and Roads reduce line item 001-541-463 Repair & maintenance to $17,500, increase 001-541-464 safety to $2000, reduce 001-541-465 repair and maintenance vehicle to $1500, reduce 001-541-510 office supplies to $2000.
o Recreation increase 001-572-510 office supplies to $3000. o Cemetery Remove 403-580-600 capital improvements $40,000 for building as it had already
been approved for the current budget, council and Mr. Keefer discussed the placement of the proposed building.
o There were no changes to the proposed CRA budget. • Council discussed and requested staff to look into, whether the town is required to supply crossing
guards, to produce a report with the number of times the LPPD assists the Highlands County Sheriff’s office under the mutual aid agreement, and to find out if the town is required to assist with funding towards School Resource Officers due to the schools being in the town limits.
2. AJOURNMENT
• Mayor Holbrook, hearing no objections, delcared the meeting adjourned at 9:08 pm.
Minutes respectfully submitted by Eva Cooper-Hapeman, Town Clerk
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MINUTES
LAKE PLACID TOWN COUNCIL Regular Meeting
July 13, 2020 5:30 PM Town of Lake Placid Government Center
1069 U.S. Highway 27 N, Lake Placid Florida 33852
Mayor Holbrook called this regular meeting of the Lake Placid Town Council to order on Monday, July 13, 2020 at 5:30 pm at Town Hall, 1069 U.S. Highway 27 N, Lake Placid, Florida. Father Clemente of Saint.James Catholic Church gave the invocation and led the Pledge of Allegiance. A quorum was present.
Present Mayor John Holbrook Council Member Ray Royce Council Member Debra Worley Council Member Charles Wilson Council Member Greg Sapp Others Present Town Administrator Phil Williams Attorney Bert Harris Town Clerk Eva Cooper-Hapeman Finance Director Rachel Osborne Public Works Director Alan Keefer Utility Director Joe Barber Chief James Fansler Town Planner, Joedene Thayer Town Planner, Dana Riddell 1. 1. CONSENT AGENDA 1
A. Approval of Agenda B. Approval of Minutes Town Council Regular Meeting June 8, 2020, and Special Meeting June 30, 2020. C. Approval of Departmental Financial Reports for the month of June 2020 D. Approval of all duly authorized monthly bills June 2020 Less Royce Supply E. Approval of Monthly Budget Report June 2020
Motion Moved by Council Member Wilson, seconded by Council Member Sapp, to approve Consent Agenda 1, A through E. Roll Call Vote: Unanimous approval.
2. CONSENT AGENDA 2
A. Royce Supply monthly Bills June 2020 Motion Moved by Council Member Wilson, seconded by Council Member Sapp, to approve Consent Agenda 2.A. Roll Call Vote: Yes- Wilson, Sapp, Worley, Abstain-Royce, the proper paperwork was submitted to the Town Clerk. 3. Presentations / Citizens on Agenda
A. Lake Placid Camp and Conference Center (LPCCC) • Mayor Holbrook presented the signed agreement and the LPCCC representatives presented the
check that finalized the agreement for the LPCCC and the Town to work together on the connection of the LPCCC to the Town Utilities. LPCCC representatives thanked the Mayor, Council, and, staff. Further commenting on the partnership with the town that includes a future for a safer and maintain of the beautiful environment of the area. Mayor Holbrook stated this was a proud moment to be partnering with the LPCCC.
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1.B. TCMeetingDraftMinutes2020-07-13
4. 2020-2021 Tentative Millage Rate • Council Member Royce recommended to starting with 3.325 tentative rate. • Mayor Holbrook, and Council discussed the tentative millage rate.
o The role back rate is 3.1652, discussion was not to reduce the millage to the rollback rate, but to reduce the rate from the prior year from 3.50 to 3.325, which is a reduction of approximately 5%.
o Uncertainty due to the virus on how revenues will be impacted is a consideration during the budget process.
o The tentative millage once set may be reduced during the budget process. Motion Moved by Council Member Royce, seconded by Council Member Worley, to approve Tentative Millage Rate of 3.325. Roll Call Vote: Unanimous approval
5. Public Hearing
A. Request for Small Scale Future Land Use Amendment from Highlands County High Density Residential (RH) to Town of Lake Placid Public/Semi-Public (P), LPTC.20.007SS • Ms. Thayer and Ms. Riddell town planners, both 5.A and B were presented to the council which two
separate motions would be needed. • Council Member Royce acknowledged there has been conversations with Ms. Grimsley of Advent
Hospital, County Administrator and Chief Bashoor. • Ms. Thayer reported there were no letters received either for or against the request. The request is
to rezone for a Highlands County Fire Station to be built on 2.61 acres of property owned by Lake Placid Advent Health Hospital. A conceptional site plan is included, at the time of the development if the project follows the towns Land Development Regulations it would go before the Lake Placid Planning Agency for final approval and would not come back before the town council. The LPA had met and voted to recommend approval with no recommended changes. The agenda item presented included details of the zoning uses for the property, and the site plan. The entrance would be off Vista Drive which the hospital was agreeable, eventually the county would approach FDOT in order to place an emergency light using Vista Drive.
• Ms. Thayer discussed two differences from the site plan and the towns LDRs being presented, the exterior of the building would be primarily metal with at least 25% concreate stucco, and monument ground sign would not be the usual 6 feet but would be no taller than 10 feet. Both items are at the discretion of the council. In addition, there would be four bays and not three bays in the structure.
• Mayor Holbrook, Council, Ms. Thayer, Ms. Riddell and Mr. Harris discussed the requests. o Council Member Worley and Sapp were not in favor of allowing a metal building design,
pointing out that the LDR’s apply to all businesses and did not believe if businesses were required to follow code then the county should. Council Member Sapp commented although he did not care if the building is metal but more so that everyone else is held to a higher standard.
o Council Member Royce was in favor with the building, the fire station would serve the town, pointing out the difference in the cost was about $200,000. In addition, stated that by holding to the siding issue there may not be a fire station in the town, the current facility does not have the room to house 20 staff, and the county would go elsewhere. This would be a benefit for the citizens, this would be a tradeoff between having ems/fire services for the citizens versus the exterior of a building.
o Under the Planned Development process, the LDRs do allow the town to work with businesses, allowing for an entity to make application to the town in regards to an exterior.
o The county likes this location for the fire station. o Mr. Harris commented that maybe the town could fund about $100,000 towards the
difference with the sale of the old firehouse. In addition, stated that the town could take a look at the metal building standards and recommended passing on the first reading in order to the county an opportunity to speak to the council at the next meeting.
o Mayor Holbrook commented that selling would be premature and would like to see the town move ahead with locating the fire station.
• Ms. Thayer read by title Ordinance 2020-795 which is an adoption hearing.
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Motion: Moved by Council Member Royce, seconded by Council Member Sapp to Approve and Adopt Ordinance 2020-795, Amending the Town’s future Land Use Map from Highlands County High Density Residential to Town of Lake Placid Public/Semi-Public. Roll Call Vote: Unanimous approval
B. Request for Rezoning from Highlands County Limited Business District (B-2) to Town of Lake Placid Planned Development (PD) District
• Ms. Thayer read by title Ordinance 2020-796 on first reading. Motion: Moved by Council Member Royce, seconded by Council Member Sapp to approve, upon first reading, and ordinance no. 2020-796 amending the town’s official zoning map from highlands county limited business district (b-2) to town of lake placid planned Development district, one change 160-j amend 10 o 6 feet.
• Council Member Royce recommended representation by the county to attend the next council meeting. 6. Resolutions (Under Consent Agenda 7.C1) 7. TOWN ATTORNEY/PLANNING/DEPARTMENT HEADS/MAYOR/COUNCIL MEMBERS
A. Council Members (No Agenda Items) B. Planning (No Agenda Items) C. Town Attorney
1. Receipt of Heartland Drive area for maintenance. • Mr. Harris informed council that the previously approved plat for the smoak family property included
the road to be built and after one year the town would take over the maintenance, the plat was approximately 20 years ago.
Motion Moved by Council Member Sapp, seconded by Council Member Wilson, to approve the resolution accepting heartland drive for maintenance. Roll Call Vote: Unanimous
D. Town Administrator (no agenda items) 8. MAYOR/COUNCILMEMBERS
• Council Member Worey commented that during this COVID19 virus it has been heartbreaking for the downtown businesses.
• Mayor Holbrook recommended everyone wear a mask, social distance and wash hands. 9. CITIZENS NOT ON AGENDA (No comments) 10. AJOURNMENT
• Mayor Holbrook, hearing no objections, delcared the meeting adjourned at 7:44 pm.
Minutes respectfully submitted by Eva Cooper-Hapeman, Town Clerk
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JULY 2020TOWN OF LAKE PLACID08/03/2020 14:01
gb8501_pg.php/Job No: 26021Page 1 of 20USER: ECOOPER
FINANCIALFUNDS: ALL
83.33 % Yr Complete For Fiscal Year: 2020 / 7
GL
ACCOUNTS
ACCOUNTS
DESCRIPTION
MONTH
ACTUAL
MONTHLY
BUDGET
YTD
ACTUAL
YTD
BUDGET
ANNUAL
BUDGET
REC'D/EXP
BUDGET
GOVERNMENTAL REVENUE
001-300-000 GEN BUDGET FUND BALANCE 0.00 0.00 0.00 63,361.00 63,361.00 0.00 %
001-311-000 GEN AD VALOREM TAXES 0.00 0.00 704,285.39 668,841.00 668,841.00 105.30 %
001-312-410 GEN FIRST LOCAL OPTION FUEL TA 0.00 0.00 42,762.93 62,710.00 62,710.00 68.19 %
001-312-420 GEN SECOND LOCAL OPTION FUEL T 0.00 0.00 24,346.08 29,608.00 29,608.00 82.23 %
001-314-100 GEN UTILITY SERVICE TAX - ELEC 0.00 0.00 178,667.76 210,000.00 210,000.00 85.08 %
001-314-800 GEN UTILITY SERVICE TAX - PROP 714.28 0.00 8,973.74 11,000.00 11,000.00 81.58 %
001-315-000 GEN (CST) COMMUNICATION SERVIC 0.00 0.00 73,794.95 85,600.00 85,600.00 86.21 %
001-316-012 GEN LOCAL BUSINESS TAX 4,090.50 0.00 7,768.25 13,475.00 13,475.00 57.65 %
A/P History ReportTOWN OF LAKE PLACID08/03/2020 14:12
ap350_pg.php/Job No: 26025Page 29 of 29USER: ECOOPER
All Invoices From: 07/01/2020 To: 07/31/2020
Vendor Vendor Name/
Invoice
Batch
Date
Invoice
Date
Due
Date
Invoice
Amount
Open
Amount
Last
Paid Description
**** FUND TOTAL **** 88,501.24 0.00 Total Paid: 88,501.24
**** GRAND TOTAL **** 1,019,981.85 0.00 Total Paid: 1,019,981.85
TCAgendaPackage081020 Page 56 of 205
TOWN OF LAKE PLACID
MONTHLY BUDGET REPORT
Jul‐20
REPORT DATE 8/3/2020
PERCENT OF
BUDGET YEAR
EXPIRED
83%
Department
Annual Budget
amount + approved
budget adjustments
EXPENSES
PERCENT OF
ANNUAL BUDGET
USED AS OF DATE
YTD ACTUAL
Expenses:
100 ‐ Administration 269,600 193,523 72%
101 ‐ Infrastructure 413,281 383,670 93% Green Dragon project
103 ‐ CRA 54,350 5,868 11%
200 ‐ Public Works ‐ Streets/Rds 414,548 830,690 200% Paving E Interlake Blvd
300 ‐ Special Project/CDBG ‐ ‐ 0%
400 ‐ Public Works ‐ Recreation 176,594 188,971 107% Lake June Park / Equipment purchase
401 ‐ Public Works ‐ Recreation LK June 75,075 60,966 81%
406 ‐ Public Works ‐Horticulture 192,119 65,957 34%
500 ‐ Public Safety 745,981 585,737 79%
501 ‐ Code Enforcement 138,411 52,673 38%
401 ‐ Water 1,577,011 1,260,456 80%
402 ‐ Wastewater 877,119 608,776 69%
403 ‐ Public Works ‐ Cemetery 101,957 35,937 35%
404 ‐ W/S Capital Impv 105,400 149,753 142% Interconnect (Hwy Pk & Tomoka) & Green Dragon Dr
405 ‐ W/S Capital Contrib ‐ ‐ 0%
409 ‐ Sanitation 611,915 409,523 67% Low Fund Balance $15,946.69
412‐ WW Ln Repymt 130,031 97,350 75%
413‐ Cem Tst 30,000 ‐ 0%
TOTAL EXPENSES 5,913,392 4,929,850 83%
Annual Budget
amount + approved REVENUE
PERCENT OF
REVENUE
ACTUAL
REVENUE 5,913,392 5,969,640 100.95%
Annual Budget
amount + approved REVENUE
REVENUE
UNCOLLECTED
ACTUAL
REVENUE 5,913,392 5,969,640 56,248
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1.E. Approval of Monthly Budget Report July 2020
TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: TC
AGENDA ITEM # AND TITLE: 1.F. Interlocal Agreement between Highlands County, Florida, and the Town of Lake Placid, Florida, for the Provision of Planning Services for Fiscal Year 2020-2021.
PLACED ON AGENDA BY: Town Administrator
STATEMENT OF ISSUE: The Town has requested that the County continue to administer day-to-day services for the Town’s Comprehensive Plan, Zoning Code and Land Development Regulations and to provide certain planning functions. The Town proposes to contract with the County through an Agreement for those planning services for the annual fee of $35,000.00, which is the same amount as the previous contract. This Agreement would be for the fiscal year beginning October 1, 2020, and ending September 30, 2021. No changes from past agreements have been introduced into the proposed Agreement.
RECOMMENDED ACTION: MOVE TO APPROVE THE 2020-21 INTERLOCAL AGREEMENT BETWEEN HIGHLANDS COUNTY AND THE TOWN OF LAKE PLACID FOR PLANNING SERVICES.
FISCAL IMPACT: $35,000.00
ATTACHED ITEMS:
2020-2021 Interlocal Agreement for Planning Services
TCAgendaPackage081020 Page 58 of 205
INTERLOCAL AGREEMENT BETWEEN
HIGHLANDS COUNTY, FLORIDA AND
TOWN OF LAKE PLACID, FLORIDA 2020-2021 PLANNING SERVICES
THIS AGREEMENT is made by and between the TOWN OF LAKE PLACID (the "TOWN"), and HIGHLANDS COUNTY, a political subdivision of the State of Florida (the "COUNTY").
WHEREAS, the TOWN is a municipal corporation organized under the laws of the State of Florida; and
WHEREAS, the TOWN has adopted a Comprehensive Plan, and the Town of Lake Placid Land Development Code (“LDC”) which are now in effect; and
WHEREAS, the TOWN has requested that the COUNTY provide staff assistance for administration of the TOWN's Comprehensive Plan, and LDC; and
WHEREAS, the TOWN and the COUNTY agree that the COUNTY’s Development Services Director (“DIRECTOR”) will be appointed as the Town Planning and Zoning Official and will provide staff assistance to the TOWN for administration of the LDC as provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the COUNTY and the TOWN agree as follows:
1. The TOWN hereby appoints and employs the COUNTY’s DIRECTOR to act as the Town of Lake Placid Zoning Official, and hereby delegates all of the powers and duties of the TOWN's Planning and Zoning Official (the specific powers and duties are set out in Section 153-11 of the Code of the Town of Lake Placid) to the DIRECTOR except for the duties listed in paragraph 3 below and except for the duties listed in Section 153-11.f and Section 153-11.w of the Code of the Town of Lake Placid.
2. Subject to the terms of this Agreement, the TOWN and the COUNTY agree that the COUNTY shall provide staff assistance to the TOWN by performing the following tasks with respect to the administration of the LDC of the TOWN for the term beginning 1 October 2020 and ending 30 September 2021:
A. CORE SERVICES. The TOWN’s core planning services for current and long range planning activities include the review and preparation of reports of all land development requests for the Town Council, the Local Planning Agency (“LPA”), and the Board of Adjustment (“BOA”) for the following: subdivision or site plan approval; conditional use permits; variances; rezonings;
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special exceptions; home occupations permits; planned developments; small scale and large scale plan amendments; easement vacations, concurrency review and approval; and roadway closures.
Essential functions include: • the day to day public inquiries and requests for information;
and • requests for advice on current or proposed land use; and • answering requests for the determination of comprehensive
plan or zoning status of specific parcels; and • maintaining records and files on open planning issues; and • preparing reports, conducting research, and updating maps
and files; and • preparing the staff portion of the agenda packet; and • attending the TOWN LPA and BOA meetings and planning
portions of the Town Council meetings; and • processing the planning orders, permits, special exceptions,
variances, final (as built) inspections, comprehensive plan amendments, and all other permits and proceedings under the TOWN’s LDC, Zoning Code and Comprehensive Plan; and
• advising and providing staff support to applicants, TOWN Boards, TOWN Committees and elected officials on planning issues and the mailing of planning issue documentation when necessary.
B. DEVELOPMENT OF LDRs FOR THE LAKE PLACID REGIONAL PLAN (“LPRP”). The Central Florida Regional Planning Council (“CFRPC”) is under contract with the TOWN and the COUNTY to develop LDRs specific to the LPRP. The COUNTY shall provide technical data and assistance to the CFRPC as consultant for the TOWN and COUNTY.
C. TOWN EVALUATION AND APPRAISAL REPORT (EAR). The COUNTY shall not be responsible for the TOWN EAR amendments or process. Those planning functions shall be delegated with another agency. However, the COUNTY shall provide technical data and assistance to the TOWN’s consultant.
3. The TOWN shall prepare and distribute agendas and minutes of meetings, provide all required mailing addresses for notices, place all advertising and post all notices required in connection with meetings and public hearings. The COUNTY shall provide to the TOWN Clerk the matters to be placed on the agendas as well as the applications, staff reports, and related matters to be included in the agenda or publications by the Clerk.
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4. The COUNTY shall collect all fees and charges related to the TOWN’s LDC. The said fees so collected shall be paid made payable to the TOWN and forwarded to the TOWN Clerk at the end of the month in which they were collected. 5. The TOWN shall pay the annual fee of $35,000.00 payable in four (4) equal quarterly payments. This fee shall compensate the COUNTY for the staff support and services provided by the COUNTY to the TOWN pursuant to this Agreement. Additional services beyond the terms and scope of this agreement and that is approved by the TOWN and the COUNTY shall be subject to an hourly rate of $27.00 per hour, not to exceed a total amount of $5,000 dollars. If these additional services are anticipated to exceed $5,000 dollars, then an additional agreement shall be required between the TOWN and COUNTY that identifies compensation for the additional services provided by County staff. 6. The TOWN shall reimburse the COUNTY for out of pocket expenses incurred by the COUNTY for copying, postage and business mileage when a personal vehicle is used for official TOWN travel and other direct out of pocket expenses paid by the COUNTY pursuant to this Agreement. Business mileage reimbursement shall be according to the COUNTY’s reimbursement of traveling expenses. The TOWN shall make payment to the COUNTY pursuant to this paragraph within thirty (30) days after receiving the COUNTY'S invoice for those expenses. 7. This Agreement does not include development by the COUNTY of new or revisions to the existing TOWN’s LDC, except the LDRs for the LPRP, as expressly stated in paragraph 2 B of this Agreement. 8. The COUNTY is, and shall be, in the performance of all work, services and activities an independent contractor, and not an employee, agent, or servant of the TOWN. All persons engaged in any of the work or services performed by or on behalf of the COUNTY shall at all times, and in all places, be subject to the COUNTY’s sole direction, supervision and control. The COUNTY shall exercise control over the means and manner in which it and its employees and volunteers perform the work and in all respects the COUNTY’s relationship and the relationship of its employees and volunteers to the TOWN shall be that of an independent contractor and not as employees or agents of the TOWN. The COUNTY does not have the power or authority to bind the TOWN in any promise, agreement or representation. 9. This Interlocal Agreement has been executed pursuant Section 163.01, Florida Statutes. 10. This Interlocal Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications, or waivers of provisions of this Interlocal Agreement shall only be valid when they have been reduced to writing duly signed by each of the parties hereto and attached to the original of this Interlocal Agreement.
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11. This Interlocal Agreement is binding upon the parties, their successors and assigns. 12. Neither party may assign or transfer its rights or obligations under this Interlocal Agreement. 13. Nothing in this Interlocal Agreement shall be construed to benefit any person or entity not a party to this Agreement. 14. This Interlocal Agreement shall become effective upon filing with the Highlands County Clerk of the Circuit Court following execution by the TOWN and the COUNTY. 15. This Agreement may be terminated by either party on 90 days written notice.
IN WITNESS WHEREOF, the parties hereto or their lawful representatives, have executed this Interlocal Agreement on the day and year set forth next to the signatures below.
DONE AND ADOPTED this ______ day of August, 2020.
TOWN OF LAKE PLACID, FLORIDA a municipal corporation
Attest: By: Eva Cooper Hapeman, Municipal Clerk John M. Holbrook, Mayor LEGAL REVIEW: APPROVED AS TO FORM: ________________________________
Bert, J. Harris, III, Town Attorney DONE AND ADOPTED this ______ day of September, 2020.
HIGHLANDS COUNTY, FLORIDA a political subdivision of the State of Florida
Attest: By: Robert W. Germaine, Clerk William R. Handley, Chairman LEGAL REVIEW: APPROVED AS TO FORM: ________________________________
County Attorney
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A/P History ReportTOWN OF LAKE PLACID08/03/2020 14:10
ap350_pg.php/Job No: 26024Page 1 of 1USER: ECOOPER
Vendor: 1273 - ROYCE SUPPLY COMPANY / All Invoices From: 07/01/2020 To: 07/31/2020
Vendor Vendor Name/
Invoice
Batch
Date
Invoice
Date
Due
Date
Invoice
Amount
Open
Amount
Last
Paid Description
001-202-000 ACCOUNTS PAYABLE
1273 ROYCE SUPPLY COMPANY
514275 07/14/2020 07/09/2020 08/08/2020 327.96 0.00 07/21/2020 PO-AlanRoyceMower- Steve
**** FUND TOTAL **** 377.96 0.00 Total Paid: 377.96
403-202-000 ACCOUNTS PAYABLE
1273 ROYCE SUPPLY COMPANY
514275 07/14/2020 07/09/2020 08/08/2020 163.98 0.00 07/21/2020 PO-AlanRoyceMower- Steve
Vendor Total: 163.98 0.00 Total Paid: 163.98
403-202-000 ACCOUNTS PAYABLE TOTALS: 0.00
**** FUND TOTAL **** 163.98 0.00 Total Paid: 163.98
**** GRAND TOTAL **** 541.94 0.00 Total Paid: 541.94
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2.A. Approval of duly authorized monthly bills July 2020 Royce Supply
TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council
AGENDA ITEM # AND TITLE: 3.A FY2018-2019 Annual Town Audit for approval
PLACED ON AGENDA BY: Town Staff
STATEMENT OF ISSUE: Annual audit review if complete by this date. This original package will not present the audit because it has not been received. It is being placed on the agenda in the event it is received by Council meet time. Since the process is already passed the deadline date consideration of the audit is a state mandate, even if the auditor brings it to the Council meeting themselves on Monday. FISCAL IMPACT:
ATTACHED ITEMS:
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Government Auditing Standards
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Statement of Net Position
Statement of Activities
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Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position Items Previously Reported as Assets and Liabilities
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2019-001. Fund Balance/Net Position – Material Weakness Criteria: Internal controls should be in place to provide reasonable assurance that all transactions are recorded in accordance with accounting principles generally accepted in the United States of America. As part of the audit process, we identified two transactions that were required to adjust beginning fund balance/net position to reconcile to the prior year ending fund balance/net position in the audited FS. Condition: We identified several reporting units whose fund balance / net position did not reconcile to prior year ending. Context: Our testing identified that the Town’s beginning fund balance/net position in its Governmental Activities, Business Type Activities, General Fund, Infrastructure Fund, Water Fund, Wastewater Fund, Sanitation Fund, and remaining fund information did not properly reconcile to the prior year audited financial statements for these opinion units. Effect: Audit adjustments to the Governmental Activities for $205,143, Business-Type Activities for $68,084, General Fund for $100, Infrastructure Fund for $205,043, Water Fund for ($74,443), Wastewaterfund for $199,661, Sanitation Fund for ($44,368) and Cemetery Fund for ($12,765) were required to be made to the Town’s general ledger to properly record beginning fund balance/net position Recommendation: We recommend the Town implement controls to ensure that all audit adjustments are posted to the Town’s records, and the Town implement procedures to ensure that adjustments to fund balance/net position during the period are not made. View of Responsible Officials and Planned Corrective Action: We concur with the finding..
2019-002. Interfund Activity – Significant Deficiency Criteria: Internal controls should be in place to provide reasonable assurance that all transactions are recorded in accordance with accounting principles generally accepted in the United States of America. As part of the audit process, we identified two transactions that were required to adjust the general ledger balances for several opinion units in order for interfund activity to reconcile. Condition: The Town’s internal control policies and procedures failed to detect that postings were made to interfund balances in one fund, but a corresponding entry was not made in the required fund the interfund activity was with. Context: Our testing identified that the Town’s interfund activity in its Governmental Activities, Business Type Activities, Infrastructure Fund, Water Fund and Wastewater Fund did not reconcile.
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Effect: Audit adjustments to the General Fund in the amount of $17,352, Water Fund in the amount of ($9,561), Wastewater Fund in the amount of ($3,177), Cemetery Fund in the amount of ($483), and Sanitation fund in the amount of ($4,131) were required to be made to the Town’s general ledger to properly record interfund activity:
Recommendation: We recommend the Town implement controls to ensure that all interfund adjustments are posted in both funds that the activity relates to. View of Responsible Officials and Planned Corrective Action: We concur with the finding.. 2019-003. Inventory – AD&A Item During our testing of the Town’s inventory balances, we noted that adjustments weren’t made from ending 2018 balances to reflect actual amounts at ending 2019. We performed inventory observations at year-end, noting only immaterial differences. Per our discussion with management, they indicated that inventory was not significantly different than that of the prior year, and an adjustment was not deemed necessary. We recommend that the Town conduct inventory counts at year-end, as well as periodically throughout the year, and that adjustments to inventory balances be made within the inventory tracking schedules, as well as the Town’s general ledger. This will help maintain inventory throughout the year, assist in inspecting inventory for obsolete items, and ensure that the physical security of inventory is maintained. PY Findings
2018-001 – Adjusting Journal Entries Repeat Finding – Split up between 2019-001 and 2019-002
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PROCLAMATION 2020- 04
A PROCLAMATION OF THE TOWN OF LAKE PLACID
DISABLED AMERICAN VERTERNAS DAY 2020 BY THE MAYOR OF THE TOWN OF LAKE PLACID, FLORIDA
Honoring the 100th Anniversary of Disabled American Veterans
WHEREAS, Disabled American Veterans (DAV) was founded by World War I veterans on September
25, 1920, and was charted by an Act of Congress on June 17, 1932; WHEREAS, in 2020, DAV celebrates 100 years of serving veterans of the Armed Forces, their families
and survivors, and communities; WHEREAS, DAV is dedicated to a single purpose: empowering veterans to lead high-quality lives with
respect and dignity; WHEREAS, DAV accomplishes this by ensuring veterans and their families have access to the full range
of benefits available to them, by fighting for interests of America’s injured heroes, and by educating the public about the needs of veterans transitioning back to civilian life;
WHEREAS, DAV provides free, professional assistance to veterans and their families in obtaining
benefits and services provided by the United States Department of Veterans Affairs and other agencies; WHEREAS, DAV also provides outreach concerning its programs and services to the American people
generally, and to disabled veterans and their families specifically; WHEREAS, DAV Represents the interests of disabled veterans, their families, their widowed spouses
and their orphans before the federal government, as well as state and local governments; WHEREAS, DAV has fought tirelessly for equal access to critical VA caregiver benefits and services
for disabled veterans of all generations, resulting in legislation to expand eligibility to those injured prior to September 11, 2001, as part of the VA MISSION ACT; and
WHEREAS, DAV co-presents the National Disabled Veterans Winter Sports Clinic and National
Disabled Veterans TEE Tournament; has organized the nationwide DAV Transportation Network to provide free transportation for veterans to VA medical appointments; operates an active Charitable Service Trust funding the needs of local providers assisting at-risk local veterans; has built an active volunteer corps offering thousands of hours of service to our veterans and communities; offers veterans, transitioning military members and spouses access to employers through its nationwide job fair program; provides emergency assistance to veterans in need through the DAV disaster Relief Program; and operates the Jesse Brown Memorial Youth Scholarship program to contribute to the lives of young American;
WHEREAS, DAV Ridge Chapter 49, the DAV Department of Florida and the other 55 chapters, across
our state demonstrate their unending commitment to ill and injured veterans of all generations and conflicts; WHEREAS, the Town of Lake Placid is proud to honor the members of the Disabled American Veterans; NOW THERFORE BE IT RESOLVED theMayor of the Town of Lake Placid, Florida hereby
proclaims September 25, 2020 as “Disabled American Veterans Day” in Lake Placid, Florida, and commend its observance to all citizens.
RESOLVED AND PROCLAIMED by and Mayor John M. Holbrook this 10th day of August 2020. TOWN OF LAKE PLACID, FLORIDA By: ________________________________ John M. Holbrook, Mayor
ATTEST: ______________________________________ Eva Cooper-Hapeman, Clerk
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3.B. PROC-2020-04_Disabled American Veternas Day 2020 - Page 151 added late
August 3, 2020
Town of Lake Placid Attn : Mayor John Holbrook 1069 US 27 North Lake Placid, FL 33852
Mayor Holbrook:
•• •• Advent Health
AdventHealth owns the property which is the subject of the Fire House Planned Zoning Ordinance. I understand
that the Ordinance is to be considered in public heming by the Town Counci l and possibly adopted Monday
August 10, 2020. I write to support the Fire/EMS Facil ity and the Ordinance.
AdventHealth is in the process of transferring the p operty to the Board of County Commissioners of Highlands
County for the construction of a Fire/EMS facility. We expect this to be complete within 30-60 days.
We support the rezoning of the property for use as Fire/EMS facility as set out in the revised draft
Ordinance. AdventHealth supports the County's u ~e of a metal building in this instance. Metal will allow the
county to construct a larger better equipped facility to serve our community. We very much appreciate the
Town's efforts to raise the quality of construct ion in our community and otherwise prohibit metal buildings. We
believe that an exception should be made to allow or the construction of a larger facility with more lifesaving
equipment. Construction of the two sides facing the public w ith nicer covering w ill meet the intent of the
ordinance otherwise prohibiting metal skin.
Please keep in mind that Advent consented to ann xation of this and other land just a few months ago. Before
the annexation, a metal building could have been c nstructed on the property. We hope that our cooperation in
annexat ion will not prohibit the proposed use of the property.
Sincerely,
~s Vice President/Administr tor AdventHealth Lake Placid
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4.A. AdventLetter-2020080313381000
TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council
AGENDA ITEM TITLE: 4.A. Request for Rezoning from Highlands County Limited Business District (B-2) to Town of Lake Placid Planned Development District (PD), LPTC.20.008RZ
PLACED ON AGENDA BY: Planning Staff
STATEMENT OF ISSUE: The matter for consideration is:
ORDINANCE NUMBER 2020-796
AN ORDINANCE OF THE TOWN OF LAKE PLACID, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN OF LAKE PLACID, CREATING SECTION 160-17 OF THE CODE OF THE TOWN OF LAKE PLACID ENTITLED HIGHLANDS COUNTY FIRE RESCUE STATION #36 PLANNED DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE
Which is a request for a rezoning from Highlands County B-2 to Town of Lake Placid PD for a 2.61-acre parcel located on Vista Drive near the Lake Placid Advent Health Hospital. The PD is required in order to build a new Emergency Management Services/Fire Services Station. A companion Future Land Use Amendment was adopted and Ordinance 2020-796 was approved for 1st reading by Town Council on July 13, 2020.
RECOMMENDED ACTION: MOVE TO APPROVE ORDINANCE NO. 2020-796 AMENDING THE TOWN’S OFFICIAL
ZONING MAP FROM HIGHLANDS COUNTY LIMITED BUSINESS DISTRICT (B-2) TO TOWN OF LAKE PLACID PLANNED DEVELOPMENT DISTRICT.
FISCAL IMPACT: There is no fiscal impact.
ATTACHED ITEMS: 1. Staff Report2. Application3. Maps4. Ordinance 2020-7965. Ordinance 2020-796 Redlined Version6. Site Plan & Renderings
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Town of Lake Placid, Florida Planning & Zoning Department Staff Report
Adventist Health System / Sunbelt Health Care Corporation P.O. Box 970, Sebring, Florida 33871 (863) 402-6500 Highlands County Board of County Commissioner’s
Existing
Proposed
Property Control Number
P-25-36-29-A00-0073-0000 P-25-36-29-A00-0041-0000
No Change
Future Land Use Designation
Highlands County High Density Residential
Town of Lake Placid Public/Semi-Public
Zoning District Highlands County Limited
Business District (B-2)
Town of Lake Placid Planned
Development (PD)
Acreage 2.61 +/- 2.61 +/-
Density
9-12 Dwelling Units Per Acre
1 Dwelling Unit per Acre
Intensity Not Applicable Maximum Floor Area
Ratio of 1.00
Access
U.S. Highway 27 and Vista Drive
No Change
Legal Description: A portion of the East half of Section 25, Township 36 South, Range 29 East, Highlands County, Florida, more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of said Section 25; thence North 01°30'00" West, along the East line of said Section 25, a distance of 69.00 feet; thence South 88°30'02" West, a distance of 200.00 feet; thence North 01°29'58" West, a distance of 87.00 feet to the point of beginning; thence South 88°30'02" West, a distance of 250.00 feet; thence North 01°29'58" West, a distance of 258.53 feet; thence North 40°21'33" East, a distance of 425.16 feet to a point lying on the West right of way line of Vista Drive, per Official Records Book 1496, Page 1696, of the public records of Highlands County, Florida; thence South 01°33'33" East, along said right of way line, a distance of 223.11 feet to a point of curvature of a curve concave to the East, having for its elements a radius of 266.00 feet a central angle of 34°23'09", and a chord bearing of
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South 18°45'07" East, 157.25 feet; thence Southerly along said right of way line and a curve to the left, an arc length of 159.64 feet; thence South 88°30'02" West, a distance of 80.56 feet; thence South 01°29'58" East, a distance of 201.90 feet to the point of beginning. Containing 113,773 square feet or 2.61 acres, more or less.
Request:
The Applicant is requesting a rezoning for the subject property described above from Highlands County Limited Business District (B-2) to Town of Lake Placid Planned Development District (PD). Under the proposed PD the property is to be utilized for a new Highlands County Emergency Medical Service (EMS)/Fire Station.
Adjacent Future Land Use Map classifications and Zoning Districts:
North: FLUM Classification: Highlands County Commercial and Public/Quasi Public Facility and Institutional Lands (P)
Zoning: Highlands County Multiple-Family Dwelling Including Motel and Hotel (R-3) District and Business (B-3) Planned Development District
East: FLUM Classification: Highlands County Commercial Zoning: Highlands County B-3 Planned Development
District and Limited Business (B-2) District
South: FLUM Classification: Highlands County Medium Density Residential Zoning: Highlands County Two-Family Dwelling (R-2)
District
West: FLUM Classification: Highlands County High Density Residential and P
Zoning: Highlands County R-3 District and Industrial (I-2) District
Summary:
The matter for consideration is for a change in zoning to amend the Official Zoning Map from Highlands County B-2 to Town of Lake Placid PD. The request concerns a 2.61-acre site located on the west side of Vista Drive north of Lake June Road and Lake June in Winter. This property was annexed into the Town of Lake Placid in 2019 and is planned to be utilized as the site of a new Highlands County EMS/Fire Station.
The site has a Highlands County High Density Residential Future Land Use designation, and there is a companion request, LPTC.20.007SS, to change the Future Land Use to Town of Lake Placid Public/Semi-Public.
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This zoning request, per an adopted PD Ordinance, shall be approved as a Conceptual Planned Development and will require a final commercial site development plan for approval by staff and the Local Planning Agency to be submitted at a future date. If an amendment to the PD ordinance is required, it will be heard by the Local Planning Agency and subsequently the Town Council at public hearing, after which a final commercial site development plan will be required. Current uses proposed are: a combined Emergency Medical Service (EMS/Fire Station, government offices, parks, and playgrounds.
Consistency with Land Development Regulations:
1. The proposed use is not contrary to Comprehensive Plan requirements.
The proposed use as an EMS/Fire Station is not contrary to the Comprehensive Plan.
Policy 5.15 of the Future Land Use Element provides that “Activities in Public/Semi-Public areas provide major community service functions. They vary greatly in scale, character, and site location needs. Efficiency and economy in operation will guide site selection and development decisions. Non-residential uses in the Public/Semi-Public areas may be developed to a maximum Floor Area Ratio of 1.00.”
2. The proposed use being applied for is specifically authorized under the zoningdistrict in the Land Development Regulations.
Section 154-27.1 of the Town’s Land Development Code allows for a new PD zoning district with no underlying zoning; which is the case with this request. In a PD, the Town Council is allowed to approve any application which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions, requirements or imitations thereon which the Town Council deems advisable.
3. The proposed uses will not have an adverse effect on the public interest.
The proposed EMS/Fire Station will serve the community.
4. The use is appropriate for the location proposed, is reasonably compatiblewith adjacent land uses, and is not contrary or detrimental to urbanizing landuse patterns.
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It would complement the area and not be detrimental to adjacent land use patterns. This area is located near U.S. Highway 27 and is expected to develop with commercial retail/service and medical uses.
5. The proposed use will not adversely affect property values or livingconditions, or be a deterrent to the improvement or development of adjacentproperty.
Immediate developed and adjacent properties are a hospital, a church, andcommercial retail. There are two vacant properties, one of which has a Commercialfuture land use and the other a High Density Residential future land use. Noadverse effect is expected to these properties
6. The proposed use can be suitably buffered from surrounding uses, so as toreduce the impact of any nuisance or hazard to the neighborhood.
This is a Conceptual PD; preliminary and final commercial site development plansare required to be submitted at the time of future development. These plans will berequired to meet regulations imposed by the PD Ordinance and Town regulation forlandscaping, parking, and commercial design standards to reduce any adverseimpacts to the surrounding area.
7. The proposed use will not create a density pattern that would overburdenpublic facilities such as schools, streets, and utility services.
This request is for use as a County EMS/Fire Station; which is a needed publicfacility.
8. The proposed use will not create traffic congestion, flooding or drainageproblems, or otherwise affect public safety.
At the time of future development, concurrency will address traffic issues and stormwater retention.
9. The proposed use has not been inordinately burdened by unnecessaryrestrictions.
The proposed rezoning has not been inordinately burdened by unnecessary restrictions. The only restrictions placed on the property are those which are set forth in the Town’s Land Development Code and Comprehensive Plan. As this is a PD request, the Applicant is afforded flexibility in the proposed uses and in the design of the development with approval of the Town Council.
10. The proposed change will not constitute a grant of special privilege to anindividual owner as contrasted with the public welfare.
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The request is consistent with both the Comprehensive Plan and the Town of Lake Placid’s Land Development Code. A PD provides for flexibility and is applied to individual proposals as described in Section 154-27.1 of the Town’s Land Development Code.
11. The proposed change would create an isolated district unrelated to adjacentand nearby districts.
The subject property will not create an isolated district due to the fact that there arerelated public and commercial uses in the near vicinity.
12. Existing district boundaries are illogically drawn in relation to existingconditions on the property proposed for change.
The existing boundaries are not illogically drawn in relation to existing conditions onthe subject property. The function of a PD is to create flexibility and innovation indesign and uses for both the Applicant and the community. Each PD district mustbe reviewed and approved by the Town Council.
13. Changed or changing conditions make the passage of the proposedamendment necessary.
There is a real need for a new EMS/fire station in this area. Age and size of theexisting fire station in Town, necessary upgrades in equipment, and populationgrowth of the area calls for a new EMS/fire station.
14. The proposed change will/will not adversely affect property values in theadjacent area.
The proposed change will not have an adverse effect on property values in thesurrounding area. It should facilitate future development, which should increasefuture property values. Placing the new EMS/fire station at this location will beadvantageous as the Town of Lake Placid annexes northward and populationincreases.
15. Whether the change suggested is Out of Scale with the needs of theneighborhood or the Town.
The proposed change is not out of scale with the needs of the neighborhood or theTown.
Consistency with Comprehensive Plan:
The existing Comprehensive Plan Goals, Objectives, and Policies will support public uses at this location with approval of the companion Future Land Use Amendment to
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Public/Semi-Public. Therefore, the Town Council should find the application to be consistent with the Comprehensive Plan.
Assessment and Conclusions:
The following Departments and Organizations provided comments as indicated:
Town of Lake Placid Utilities Director and Engineer: Water is available.
Town of Lake Placid Police Chief: No comment.
Town of Lake Placid Interim Public Works Director: No comment.
Highlands County Fire Services: No comment.
Highlands County Engineering Department: Approved with conditions. At the time of development, the applicant shall undergo the development review process, and additional requirements may be identified at that time.
Highlands County Natural Resources: Properties with strap numbers P-25-36-29-A00-0041-0000 and P-25-36-29-A00-0073-0000 totaling 2.61 acres. Unless Ordinances 2020-795 and 2020-796 negate the Comp Plan OR unless only 2 acres of the 2.61 will be cleared, an Environmental Clearance Report is required according to the Highlands County 2030 Comprehensive Plan, Natural Resource Element, Policy 3.3.A.3.a. The properties are correctly categorized as xeric upland on the Conservation Overlay Map and most likely contain both sand skink (Neoseps reynoldsi) and gopher tortoise (Gopherus polyphemus) as well as endangered plant species (which have no legal protection). The entire scrub patch adjacent with this property measures just over 15 acres and may accommodate scrub jays (Aphelocoma coerulescens) as well.
Florida Department of Health in Highlands County: No objection.
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Florida Department of Transportation (FDOT): FDOT provided a review and comments for the companion Small Scale Comprehensive Plan Amendment, LPTC.20.007SS as: The Department is willing to review the proposed installation of an emergency signal as a part of a supporting signed and sealed traffic engineering study provided as a part of an access permit application.
Planning Staff: Based upon the above zoning criteria being met, the rezoning request should be recommended for approval as it will be consistent with the current Comprehensive Plan.
Staff’s Recommended Motion to the Local Planning Agency May 21, 2020:
MOVE TO RECOMMEND TO THE TOWN COUNCIL THE APPROVAL AND ADOPTION OF ORDINANCE NO. 2020-796, AMENDING THE TOWN’S OFFICIAL ZONING MAP FROM HIGHLANDS COUNTY LIMITED BUSINESS DISTRICT (B-2) TO TOWN OF LAKE PLACID PLANNED DEVELOPMENT DISTRICT.
May 21, 2020, Local Planning Agency Minutes
2. Public HearingsB. Request for Rezoning from Highlands County Limited Business District (B-
2) to Town of Lake Placid Planned Development (PD) DistrictLPTC.20.008RZ
• Ms. Thayer presented the request for a small-scale future land use and zoningchange to be heard as two separate hearing agenda items, and gave an overview of theproperty through a PowerPoint presentation. The property’s 2.61-acres is located onVista Drive near the Lake Placid Advent Hospital. The planned development isnecessary to build a new Emergency Management Services/Fire Services Station.• LPA Board, Ms. Thayer and Fire Chief Bashoor discussed the proposed planneddevelopment. Council Member Royce was in attendance and also spoke in regards tothe proposed fire station and rezone.• There will be a request for a change to the architectural standards, whichcurrently allows for 10 percent of the building exterior to be metal.• The zoning request to change the property to be rezoned for public use.• The approval would be for a Fire Station which could include accessorybuildings.• Only one house is within 300 feet from the property the rest of the surroundingproperties are commercial and the hospital. Lights and sirens are run during anyemergency.• Council Member Royce commented on having the Fire Station located in LakePlacid is an opportunity to serve the Greater Lake Placid Area. In addition, that the Town had originally dedicated a parcel of land off of Dal Hal Blvd to the Highlands County for the Fire Station, but the county prefers this property due to the location bringing the fire station in close proximity to the Hospital. The county is also working to
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get the process started as the funds will be available and the fire station has been earmarked to be built with 24/7 fire and rescue for the area. • Chief Bashoor discussed the strategy for this location which brings access toemergency services closer, the Sun-N-Lakes department access would be 6 miles and4 minutes further away. The county is working with FDOT to have a safety light put in.• 25% of the building is to be brick or block, with the majority as metal.• The exterior could be changed through the Planned Development process.
Motion– Moved by Board Member Clarke, seconded by Board Member Oxer, to recommend to the Town Council the approval and adoption of Ordinance No. 2020-796, amending the town’s official zoning map from Highlands County Limited Business District (B-2) to Town of Lake Placid Planned Development District.
Roll Call Vote: Unanimous approval.
Staff’s Recommended Motion to the Town Council, July 13, 2020:
MOVE TO APPROVE FOR FIRST READING ORDINANCE NO. 2020-796 AMENDING THE TOWN’S OFFICIAL ZONING MAP FROM HIGHLANDS COUNTY LIMITED BUSINESS DISTRICT (B-2) TO TOWN OF LAKE PLACID PLANNED DEVELOPMENT DISTRICT (PD).
July 13, 2020, Town Council Minutes:
“5. Public Hearing A. Request for Small Scale Future Land Use Amendment from Highlands CountyHigh Density Residential (RH) to Town of Lake Placid Public/Semi-Public (P), LPTC.20.007SS • Ms. Thayer and Ms. Riddell, town planners, both 5.A and B were presented tothe council, for which two separate motions would be needed.• Council Member Royce acknowledged there have been conversations with Ms.Grimsley of Advent Hospital, County Administrator and Chief Bashoor.• Ms. Thayer reported there were no letters received either for or against therequest. The request is to rezone for a Highlands County Fire Station to be built on 2.61acres of property owned by Lake Placid Advent Health Hospital. A conceptual site planis included, at the time of the development if the project follows the towns LandDevelopment Regulations it would go before the Lake Placid Planning Agency for finalapproval and would not come back before the Town Council. The LPA had met andvoted to recommend approval with no recommended changes. The agenda itempresented included details of the zoning uses for the property, and the site plan. Theentrance would be off Vista Drive which the hospital was agreeable, eventually thecounty would approach FDOT in order to place an emergency light using Vista Drive.• Ms. Thayer discussed two differences from the site plan and the towns LDRsbeing presented, the exterior of the building would be primarily metal with at least 25%concrete stucco, and the monument ground sign would not be the usual 6 feet but
TCAgendaPackage081020 Page 130 of 205
would be no taller than 10 feet. Both items are at the discretion of the council. In addition, there would be four bays and not three bays in the structure. • Mayor Holbrook, Council, Ms. Thayer, Ms. Riddell and Mr. Harris discussed therequests.o Council Member Worley and Sapp were not in favor of allowing a metal buildingdesign, pointing out that the LDR’s apply to all businesses and did not believe ifbusinesses were required to follow code then the county should. Council Member Sappcommented although he did not care if the building is metal but more so that everyoneelse is held to a higher standard.o Council Member Royce was in favor with the building, the fire station would servethe town, pointing out the difference in the cost was about $200,000. In addition, statedthat by holding to the siding issue there may not be a fire station in the town, the currentfacility does not have the room to house 20 staff, and the county would go elsewhere.This would be a benefit for the citizens, this would be a tradeoff between havingems/fire services for the citizens versus the exterior of a building.o Under the Planned Development process, the LDRs do allow the town to workwith businesses, allowing for an entity to make application to the town in regards to anexterior.o The county likes this location for the fire station.o Mr. Harris commented that maybe the town could fund about $100,000 towardsthe difference with the sale of the old firehouse. In addition, stated that the town couldtake a look at the metal building standards and recommended passing on the firstreading in order to the county an opportunity to speak to the council at the next meeting.o Mayor Holbrook commented that selling would be premature and would like tosee the town move ahead with locating the fire station.• Ms. Thayer read by title Ordinance 2020-795 which is an adoption hearing.Motion: Moved by Council Member Royce, seconded by Council Member Sapp toApprove and Adopt Ordinance 2020-795, Amending the Town’s Future Land Use Mapfrom Highlands County High Density Residential to Town of Lake Placid Public/Semi-Public. Roll Call Vote: Unanimous approval.B. Request for Rezoning from Highlands County Limited Business District (B-2) to Townof Lake Placid Planned Development (PD) District.Ms. Thayer read by title Ordinance 2020-796 on first reading.Motion: Moved by Council Member Royce, seconded by Council Member Sapp toapprove, upon first reading, and Ordinance No. 2020-796 amending the town’s officialzoning map from Highlands County Limited Business District (B-2) to Town of LakePlacid Planned Development District, with one change 160-j amend sign height from 10to 6 feet.The Motion was approved. Council Member Royce recommended representation bythe county to attend the next council meeting.”
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Staff’s Recommended Motion to the Town Council, August 10, 2020:
MOVE TO APPROVE ORDINANCE NO. 2020-796 AMENDING THE TOWN’S OFFICIAL ZONING MAP FROM HIGHLANDS COUNTY LIMITED BUSINESS DISTRICT (B-2) TO TOWN OF LAKE PLACID PLANNED DEVELOPMENT DISTRICT (PD).
Submitted by the Planning Staff for August 10, 2020, Town Council meeting.
Attachments: 1. Application2. Maps: Aerial, Zoning, Proposed Zoning and Future Land Use3. Draft Ordinance # 2020-796
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Town of Lake Placid Planning and Zoning Department
311 West Interlake Blvd.
Lake Placid, Florida 33852 863-699-3747 • FAX: 863-699-3749
For Office Use Only:
Case No. LPTC.20.00SRZ
Date Received: ----------
REZONING/ PD APPLICATION
Chapter 4, Article l land Development Cede
Owner Information:
Na me of Property Owner: __ A_d ... v~e_n.._ti~st~H .... e .... a~lt~h ... S~y.._st~e~m~/ .... Su=n .... b .... e~lt~H .... e .... a~lt~h~C .... a~re~C .... o~rp~o .... ra .... t'-io~n"'--------------
Malling Address: _ __..P.._.o ........ B .... o""x~9"'"7_..0.._, .._se ... b""r ..... in .... g._. '"'FL"-'"3=3.-..87 ... 1"-------------------
Name of Applicant*, If Other than Owner, (Relationship): Randal Vosburg. Highlands County Administrator
Home Telephone:--- - ---------
Property Information:
Work Telephone: __,8=-=6=-=3'--4""0:..::2'""'-6::.::5:..::0""0 ____ _ _____ _
Property Address/Location: 1166 and 1198 U.S. 27 North, Lake Placid, FL 33852
Property Strap Number: P-25-36-29-A00-0041-0000 and P-25-36-29-A00-0073-0000
Current Zoning: Highlands County Limited Business District (B-2) Requested Zoning: Lake Placid Planned Development
Existing Use: _v __ a .... c=a ..... nt._ _ _ ______ Proposed Use: Combined EMS/Fire Station, government offices. and parks
Size of Property: _ _,3""."'--77'-+'"'-/_-'""A=cr""e=s _____ _ Land Use Designation: Highlands Countv High Densitv Residential
Description of Surrounding Properties: On the south side of the property are two separate church properties: to the west and
north is the Lake Placid Advent Hospital and to the east are commercial properties.
Legal Description of Property: See Attached Boundary Survey
Required Attachments:
• Survey of Property (11" x 14", 20" Scale) *When Applicable
• Letter Outl ining Request
• Per Section 154-27.1 (Ordinance)
• Notarized Letter of Owner's Authorization* • Processing Fee $_ 0 __ ,plus the Actual Cost of Legal Advertising which will be billed by the Town Clerk.
Signature
Date: __ l'Y\ __ ~_~1-_1+1 _2_0_ 2.._0 ____ _
TCAgendaPackage081020 Page 133 of 205
May 7, 2020
Town of Lake Placid 1069 U.S. 27 North Lake Placid, FL 33852
RE: 1166 and 1198 U.S. 27 North, Lake Placid, Florida 33852 Zoning Change Request - Planned Development (PD) and Future Land Use Amendment - Public/Semi-Public
To Whom It May Concern:
The property at 1198 U.S. 27 North and a portion of the property at 1166 U.S. 27 North are being conveyed by Adventist Health System/Sunbelt Health Care Corporation to Highlands County for a new fire station.
The current zoning of the property is Highlands County Limited Business District (8-2). Request that the property's zoning be changed from Highlands County 8-2 to Town of Lake Placid Highlands County Fire Rescue, Lake Placid Station #36, Planned Development for the enhancement of government services and specifically for fire protection and emergency seivices in the Town and surrounding areas.
The current Future Land Use of the subject property is Highlands County High Density Residential. Request that the Future Land Use be amended to Town of Lake Placid Public/Semi-Public to be consistent with the requested zoning district.
Respectfully,
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Town of Lake Placid
OWNER'S (CORPORATION) AFFIDAVIT
I, , being first duly sworn, depose and say that I am the OWNER/CORPORATION of the property described and which is the subject matter of the proposed hearing; that all the answers to the questions in this application and all sketches, data, and other supplementary matter attached to and made a part of the application are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before hearings can be advertised. I also understand that it is the obligation of the property owner to comply with any other lawfully adopted and recorded deed restrictions or covenants that are more restrictive or impose a higher standard and that any action of the Board of County Commissioners does not supersede those requirements.
I authorize County staff to enter the property during the application process to complete its evaluation. Please initial the appropriate line.
No contact is required. __ )( ___ _ _
An appointment is required before entering the property.
Signed, Sealed and Delivered In Our Presence:
Adventist Health System I Sunbelt Health Care Corporation a Florida Not for Profit Corporation.
By:~Q.1= Print Name: 'l<osCl..l\G Of 1' \/~ Title: Vlc.e..?tesi~l
The foreJlOjng instrument was acknowledged before me this .;2.lni"day of n\u._tf , 2020 by, · \"'\ 0~ ~:.. \ ~ e... 0 \\' v·e.r , VP of Adventist Health System/Sunbelt Health Care Corporation . who is personally known to me)(or who has produced as identification O and who did
take an oa A.;;,.'Y·;;;;,_.... REBECCAFARRENS ~ ~ f f~<f:\ Notary Public • State of Florida \~W~J commission 1 GG 214345 Print Name:[(~~ (a...~ ·~off~~··· My Comm. Expires Aug 26, 2022 ___ ____.._....;;..;;...; ____ _
......... Bonded through Natianal Notary Assn. Notary Public, State of Florida My Commission Expires: 8 /:l-t:J~ol--Z-
1 I
Parcel No. P-25-36-29-A00-0073-0000 I P-25-36-29-A00-0073-0000
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AND
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OOMMIENCEATTH£SOUTHEAST CORHtR CJ' THE Nl()ftnt£A$T 114 OF 8'10 SEeTIQN 2$, niEHCE NORTH Ol"30'00"WE$T, Al.OHO l1iE £>,ST IJNE OF SMC SECTION 2$.AOISTANCE OF 8toOFEET: TME.NCE SOVTH 88'30W" WEST,AOISTAHCE Of.100.00 FEET: nilENCE HORTH01'29'WVt1;ST, A O&STANCE Of 87.00 FEET TOniE POI.NT Of BEGINl-r.HG, T11ENCE SOUT>t W30'tl2" 'i'.E$T A OISTANCE OF 250 OOfEET; THENCE H0Rn101"'29'Se~WE:$T. A ..,-AACE OF~ 53 FEET: THENCE NORnf 40"21# EAST, A OISTAN'CE Of. 42$. te FEET TO A POINT LYING ON THE~ ROfT Of. WAY UHE Of VLSTAORNE, PER Off'ICW. RECORDS 800K t•M. PAGE 18tl8, OF THE PU8UC RtCOROS Of H!Gtw.NOS COUNTY, fLORIM; b!ENct &Oun101"»'3-T £Ml.Al.ONO SAID RQiT OF WAY Ll~A 01$TANCE OF 223 11 FE.ET TO A POllfT OF CURVATIJRf OF A CURVE CONCAVE TO THE EAST, KAMNO FOR rTSElEMENTS AAADIUSOf. 2M.OO FllT ACEHTIW.ANGl.E Of 34"23'00", NIDA CHORD 8EAfUNG Of. SOUTH 1e··s·or EAST. 15'7 2'5 FUT: THEHCE SOUTHtRLY Al.ONG $A,IO RIGH'TOf WAY UNEANDACU~ ro T11E u;t:'T,ANARC LEHG'THoF 1$9 6oC FEET: THE~E SOUTl1 arWOTWUT.A OISTAHCE OF eo $0 FEET. THENCE SOUTH01"29"$8' EAST.A IXSTANCE OF 201 to FEET TO THE POINT Of BEGINNING CONTAINING 113,m SQUARE FEET OR 2 e1 ACRtS, MORE OR LESS
(TRACT2·0\1TPAAca)
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AN ORDINANCE OF THE TOWN OF LAKE PLACID, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN OF LAKE PLACID, CREATING SECTION 160-17 OF THE CODE OF THE TOWN OF LAKE PLACID ENTITLED HIGHLANDS COUNTY FIRE RESCUE STATION #36 PLANNED DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted
Land Development Regulations; and WHEREAS, notice of this proposed Ordinance was published according to
Florida Law and the Town Code in a newspaper of general circulation in the Town of Lake Placid; mailed to property owners according to the Town Code and posted on the subject property; and
WHEREAS, two public hearings were held by the Town Council on said
Ordinance on: The _13_th day of __July____, 2020; and The _10_th day of __August__, 2020, WHEREAS, the proposed Ordinance was read by title, or in full at both public
hearings; and WHEREAS, it appears to be in the best interest of the Town of Lake Placid that
the Ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF LAKE
PLACID, FLORIDA, AFTER PUBLIC HEARING AND COMMENT AS FOLLOWS: SECTION 1. AMENDMENT. The official zoning map of the Town of Lake Placid
is amended by changing the zoning designation for 2.61 acres from Highlands County Limited Business District (B-2) to Highlands County Fire Rescue (HCFR) Station #36 Planned Development (PD) District, for the property legally described below.
SECTION 2. SECTION 160-17, ENTITLED “HCFR STATION #36 PD ORDINANCE” OF THE CODE OF THE TOWN OF LAKE PLACID IS TO READ AS FOLLOWS:
Section 160-17.1. HCFR, Lake Placid Station #36 PD Ordinance.
TCAgendaPackage081020 Page 142 of 205
(a) This is the PD Ordinance for the HCFR Station #36 PD in the Town of Lake Placid, Florida (hereinafter the “Ordinance”). This Ordinance is made pursuant to Section 154-27.1 of the Code of the Town of Lake Placid. (b) A certified copy of this Ordinance shall be recorded in the Public Records of Highlands County, Florida. (c) This Ordinance shall be codified in Chapter 160 of the Code of the Town of Lake Placid, Florida. Section 160-17.2. Findings of fact and conclusions of law. The Town Council received and considered the application for Ordinance and all related comments; testimony and evidence submitted by the Developer; comments by the appropriate reviewing agencies and the public; and the recommendation of the Town's Local Planning Agency. Based upon the developer's commitment to comply with the terms and conditions of this Ordinance, the Lake Placid Town Council makes the following findings of fact and conclusions of law: (a) Project. This project shall be known as the “HCFR Station #36 PD” or the “Development” and applies to approximately 3.77 acres of land legally described as:
Legal Description: A portion of the East half of Section 25, Township 36 South, Range 29 East, Highlands County, Florida, more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of said Section 25; thence North 01°30'00" West, along the East line of said Section 25, a distance of 69.00 feet; thence South 88°30'02" West, a distance of 200.00 feet; thence North 01°29'58" West, a distance of 87.00 feet to the point of beginning; thence South 88°30'02" West, a distance of 250.00 feet; thence North 01°29'58" West, a distance of 258.53 feet; thence North 40°21'33" East, a distance of 425.16 feet to a point lying on the West right of way line of Vista Drive, per Official Records Book 1496, Page 1696, of the public records of Highlands County, Florida; thence South 01°33'33" East, along said right of way line, a distance of 223.11 feet to a point of curvature of a curve concave to the East, having for its elements a radius of 266.00 feet a central angle of 34°23'09", and a chord bearing of South 18°45'07" East, 157.25 feet; thence Southerly along said right of way line and a curve to the left, an arc length of 159.64 feet; thence South 88°30'02" West, a distance of 80.56 feet; thence South 01°29'58" East, a distance of 201.90 feet to the point of beginning. Containing 113,773 square feet or 2.61 acres, more or less. Which shall be referred to as the “PD Land.” The PD Land is within the Town of Lake Placid. (b) Owner. The PD Land is owned by Adventist Health System/Sunbelt Health Care Corporation (the “Owner”). The PD Application was submitted by the Owner.
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(c) Developer. The PD Land is being developed by the Highlands County Board of County Commissioners (the "Developer"), or its successor. The Owner and the Developer shall be herein referred to as the Developer, because both consent to the Ordinance and because this Ordinance runs with the land and is binding on all future owners. (d) Public notice. The public notice requirements of Chapter 166.041 of Florida Statutes and the Town Code have been satisfied. (e) LPA public hearing. The Local Planning Agency (LPA) held a duly noticed public hearing to consider the Ordinance. The LPA heard and considered testimony and documents and recommended to the Town Council to approve the Ordinance. (f) Town public hearings. The Lake Placid Town Council held two duly noticed public hearings to consider the Ordinance. At each hearing, the Town Council heard and considered testimony and documents and approved the PD. (g) Consistency. The Town Council finds that this Ordinance is consistent with the adopted Town of Lake Placid Comprehensive Plan. The Town Council finds that this Ordinance is necessary to promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, morals, and general welfare of the Town of Lake Placid. Section 160-17.3. General conditions, restrictions and limitations. The Town Council, having made the above findings of fact and conclusions of law, hereby adopts the following general and specific conditions, restrictions and limitations: (a) Runs with the land. This Ordinance shall be binding upon and inure to the benefit of the PD Land, Developer, its successors and assigns, including any entity which may assume any of the rights bestowed, or responsibilities imposed upon the Developer by this Ordinance. (b) Continuation of government and utilities. Any reference herein to any governmental agency or utility company shall be construed to mean any future entity, which may be created or designated as successor to, or which otherwise, possesses any of the powers and duties of, any branch of government, governmental agency or utility company. (c) Further review. Whenever this Ordinance provides for reviews or determinations of any kind subsequent to its issuance, the right to review shall include all directly affected governmental agencies and departments as are or may be designated by the Town Council as well as all governmental agencies and departments set forth under applicable laws and legally adopted rules. (d) Noncompliance. Failure by the Developer (or the Developer's successor in interest) to comply with the terms and conditions of this Ordinance (as determined by
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the Town Planning and Zoning Official) shall result in the suspension of approval or issuance of further development permits and Certificates of Occupancy until the noncompliance is cured. The decision of the Town's Planning and Zoning Official may be reviewed de novo by the Town Council. (e) Land development regulations. The Town of Lake Placid Land Development Code shall govern the Development. (f) Amendment. Any amendment to this Ordinance shall comply with the Town's Comprehensive Plan in effect at the time of the amendment. (g) Future fees. The provisions of this Ordinance do not preclude the application of any other general government fees or any impact fees regardless of their nature either existing at adoption or enacted thereafter (including any increases in existing fees). Section 160-17.4. The HCFR Station #36 PD Zoning District: PD. The HCFR Station #36 PD Zoning District has been established on and for the PD Land. (a) Underlying zoning district. The proposed PD Zoning District for this request does not require an underlying zoning district. (b) PD Zoning district. The PD Zoning District is established by the Ordinance. Accordingly, the zoning for the Development is PD. The Development shall be subject to the other provisions, which are not inconsistent with this Ordinance, of the Town of Lake Placid 2030 Comprehensive Plan; and the Code of Ordinances, Town of Lake Placid, Florida, Chapter 154, Zoning; Chapter 155, Bullard Regulations; Chapter 156, Concurrency; and Chapter 161, Parking. In the event of a conflict between this Ordinance and the Town’s Land Development Regulations, this Ordinance shall prevail.
(c) Conceptual site plan. The Development’s conceptual site plan is incorporated as Exhibit A and shall be considered as part of this zoning district. The conceptual site plan shows the general location of buildings and open space. The exact location/configuration of structures will be subject to further refinement on the final site plan and will conform to the Town’s Land Development Regulations, unless otherwise stipulated per this ordinance. Minor amendments may be made to the conceptual site plan, pursuant to section 154-27.1 of the Code of Ordinances of the Town of Lake Placid, Florida. The final site plan, which follows this ordinance and the Town’s Land Development Regulations, may be approved by staff during the commercial site plan review process; or an amendment to this PD ordinance with a site development plan may be approved by the Town Council.
(d) Permitted principal uses. Permitted principal uses and structures in this District shall be public uses, including, but not limited to, a combined EMS/Fire Station, government offices, parks, and playgrounds.
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(e) Accessory uses. Permitted accessory uses and structures in this District shall only be accessory to the permitted uses when located on the same lot. (f) Intensity of the Proposed Uses. The intensity in this District shall be a floor area ratio of 0.50. Minimum open space shall be twenty-five (25) percent and shall not include parking area requirements.
(g) Yard and building requirements and height limitations:
1. Front Yard: Twenty-five (25) feet 2. Rear Yard: Twenty (20) feet 3. Side yard: Seven and one-half (7-1/2) feet 4. Right of Way: There shall be a minimum of twenty (20) feet between the
front or side building line and any right-of-way on any front or side street or alley.
5. Height: No building or structure shall exceed two (2) stories or thirty-five (35) feet in height.
(h) Exterior building materials: The exterior finish of the primary and accessory structures may be metal, except that at least 25 percent of the exterior finish of the primary and accessory structures must be stucco, brick, concrete, wood or stone veneer. (i) Landscaping. Landscaping shall adhere to the Town’s Land Development Regulations existing at the time of development. (j) Signs. Signs, that adhere to Section 154-15.12 of the Town Code, shall be allowed in this District, except that the ground-mounted sign or monument sign that is permitted may be a maximum of 10 feet in height. (k) Lighting. Exterior lighting fixtures shall be erected to shield adjacent residential property owners from the glare and the lighting shall be directed to shine onto the subject property, to reduce any negative impact on the adjacent residential properties. (l) No additional development. No portion of the PD Land may be sold or subdivided, nor shall any development beyond that contained in this Ordinance be permitted without express amendment of this Ordinance by the Town. (m) Variance. Variances to the standards listed in this Ordinance may only be made by the Town Council of the Town of Lake Placid, as an amendment to this Ordinance; or as a minor amendment according to Section 154-27.1 of the Town Code. Section 160-17.5. Public facilities requirements. Water and wastewater facilities. Water and wastewater service shall be provided by the Town of Lake Placid, utilizing all existing Department of Environment Protection
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standards. The Developer shall be responsible for all costs associated with bringing/connecting these services to the site. The Developer shall utilize the services of an established Public Service Commission regulated private or public contractor licensed to construct the required system. All applicable Local, State and Federal permits to operate the system shall be obtained and filed with the Town prior to the issuance of the Certificate of Occupancy. Section 160-17.6. Utilities: All utilities (specifically including electric distribution lines) shall be installed and maintained underground. Section 160-17.7. Severability: If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holdings shall not be construed to render the remaining provisions of this Amended Ordinance invalid or unconstitutional. Section 160-17.8. Effective date: This Ordinance shall take effect upon adoption. ADOPTED AND ORDAINED this 10th day of August, 2020, by the Lake Placid Town Council.
TOWN OF LAKE PLACID, a Florida Municipal Corporation
By: ________________________________ John M. Holbrook, Mayor (SEAL) By: ________________________________ Eva Cooper Hapeman, Municipal Clerk
THIS ORDINANCE WAS READ in full or by title on at least two (2) separate days in two (2) separate Town Council meetings (on the 13th day of July, 2020 and on the 10th day of August, 2020). Notice of the proposed enactment containing the Ordinance title, stating that a copy may be obtained at the Town Hall, and stating the date, time and place of the above hearings and advising that interested parties may appear at the meeting and be heard with respect to the proposed ordinance was published at least once in the Highlands News-Sun on the _____ day of __________, 2020, being at least ten (10) days prior to adoption.
____________________________________ Eva Cooper Hapeman, Municipal Clerk
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Exhibit A: Site Plan Exhibit B: Renderings of the Primary Structure
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ORDINANCE NUMBER 2020-796
AN ORDINANCE OF THE TOWN OF LAKE PLACID,
FLORIDA, PROVIDING FOR AN AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE TOWN OF LAKE
PLACID, CREATING SECTION 160-17 OF THE CODE OF
THE TOWN OF LAKE PLACID ENTITLED HIGHLANDS
COUNTY FIRE RESCUE STATION #36 PLANNED
DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land
Development Regulations; and
WHEREAS, notice of this proposed Ordinance was published according to Florida Law
and the Town Code in a newspaper of general circulation in the Town of Lake Placid; mailed to
property owners according to the Town Code and posted on the subject property; and
WHEREAS, two public hearings were held by the Town Council on said Ordinance on:
The_13_th day of __July____, 2020; and
The _10_th day of __August__, 2020,
WHEREAS, the proposed Ordinance was read by title, or in full at both public hearings;
and
WHEREAS, Adventist Health System/Sunbelt Health Care Corporation, as owner of the
subject land very recently consented to the annexation into the Town of this and the surrounding
parcels;
WHEREAS, Adventist Health System/Sunbelt Health Care Corporation, gave the
subject land to the Board of County Commissioners of Highlands County, Florida to be used as
the County’s Fire / EMS Station Number 36;
WHEREAS the Board of County Commissioners of Highlands County, Florida
represented that the County would construct a Fire / EMS Station staffed and equipped to serve
the Town and surrounding areas;
WHEREAS the Board of County Commissioners of Highlands County, Florida
represented that it would construct at its expense a frontage road connecting South West Vista
Drive with Tomoka Boulevard South within one year of the certificate of occupancy for the PD
Land.
WHEREAS, it appears to be in the best interest of the Town of Lake Placid that the
Ordinance be adopted.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF LAKE
PLACID, FLORIDA, AFTER PUBLIC HEARING AND COMMENT AS FOLLOWS:
SECTION 1. AMENDMENT. The official zoning map of the Town of Lake Placid is
amended by changing the zoning designation for 2.61 acres from Highlands County Limited
Business District (B-2) to Highlands County Fire Rescue (HCFR) Station #36 Planned
Development (PD) District, for the property legally described below.
SECTION 2. SECTION 160-17, ENTITLED “HCFR STATION #36 PD
ORDINANCE” OF THE CODE OF THE TOWN OF LAKE PLACID IS CREATED TO
READ AS FOLLOWS:
Section 160-17.1. HCFR, Lake Placid Station #36 PD Ordinance.
(a) This is the PD Ordinance for the HCFR Station #36 PD in the Town of Lake Placid,
Florida (hereinafter the “Ordinance”). This Ordinance is made pursuant to Section 154-27.1 of
the Code of the Town of Lake Placid.
(b) A certified copy of this Ordinance shall be recorded in the Public Records of Highlands
County, Florida.
(c) This Ordinance shall be codified in Chapter 160 of the Code of the Town of Lake Placid,
Florida.
Section 160-17.2. Findings of fact and conclusions of law. The Town Council received and
considered the application for Ordinance and all related comments; testimony and evidence
submitted by the Developer; comments by the appropriate reviewing agencies and the public;
and the recommendation of the Town's Local Planning Agency. Based upon the developer's
commitment to comply with the terms and conditions of this Ordinance, the Lake Placid Town
Council makes the following findings of fact and conclusions of law:
(a) Project. This project shall be known as the “HCFR Station #36 PD” or the
“Development” and applies to approximately 3.77 acres of land legally described as:
Legal Description:
A portion of the East half of Section 25, Township 36 South, Range 29 East, Highlands County,
Florida, more particularly described as follows:
Commence at the Southeast corner of the Northeast 1/4 of said Section 25; thence North
01°30'00" West, along the East line of said Section 25, a distance of 69.00 feet; thence South
88°30'02" West, a distance of 200.00 feet; thence North 01°29'58" West, a distance of 87.00 feet
to the point of beginning; thence South 88°30'02" West, a distance of 250.00 feet; thence North
01°29'58" West, a distance of 258.53 feet; thence North 40°21'33" East, a distance of 425.16 feet
to a point lying on the West right of way line of Vista Drive, per Official Records Book 1496,
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Page 1696, of the public records of Highlands County, Florida; thence South 01°33'33" East,
along said right of way line, a distance of 223.11 feet to a point of curvature of a curve concave
to the East, having for its elements a radius of 266.00 feet a central angle of 34°23'09", and a
chord bearing of South 18°45'07" East, 157.25 feet; thence Southerly along said right of way line
and a curve to the left, an arc length of 159.64 feet; thence South 88°30'02" West, a distance of
80.56 feet; thence South 01°29'58" East, a distance of 201.90 feet to the point of beginning.
Containing 113,773 square feet or 2.61 acres, more or less.
Which shall be referred to as the “PD Land.” The PD Land is within the Town of Lake Placid.
(b) Owner. The PD Land is owned by Adventist Health System/Sunbelt Health Care
Corporation (the “Owner”). The PD Application was submitted by the Owner.
(c) Developer. The PD Land is being developed by the Highlands County Board of County
Commissioners (the "Developer"), or its successor. The Owner and the Developer shall be
herein referred to as the Developer, because both consent to the Ordinance and because this
Ordinance runs with the land and is binding on all future owners.
(d) Public notice. The public notice requirements of Chapter 166.041 of Florida Statutes and
the Town Code have been satisfied.
(e) LPA public hearing. The Local Planning Agency (LPA) held a duly noticed public
hearing to consider the Ordinance. The LPA heard and considered testimony and documents and
recommended to the Town Council to approve the Ordinance.
(f) Town public hearings. The Lake Placid Town Council held two duly noticed public
hearings to consider the Ordinance. At each hearing, the Town Council heard and considered
testimony and documents and approved the PD.
(g) Consistency. The Town Council finds that this Ordinance is consistent with the adopted
Town of Lake Placid Comprehensive Plan. The Town Council finds that this Ordinance is
necessary to promote, protect, and improve the public health, safety, comfort, good order,
appearance, convenience, morals, and general welfare of the Town of Lake Placid.
Section 160-17.3. General conditions, restrictions and limitations. The Town Council,
having made the above findings of fact and conclusions of law, hereby adopts the following
general and specific conditions, restrictions and limitations:
(a) Runs with the land. This Ordinance shall be binding upon and inure to the benefit of the
PD Land, Developer, its successors and assigns, including any entity which may assume any of
the rights bestowed, or responsibilities imposed upon the Developer by this Ordinance.
(b) Continuation of government and utilities. Any reference herein to any governmental
agency or utility company shall be construed to mean any future entity, which may be created or
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designated as successor to, or which otherwise, possesses any of the powers and duties of, any
branch of government, governmental agency or utility company.
(c) Further review. Whenever this Ordinance provides for reviews or determinations of any
kind subsequent to its issuance, the right to review shall include all directly affected
governmental agencies and departments as are or may be designated by the Town Council as
well as all governmental agencies and departments set forth under applicable laws and legally
adopted rules.
(d) Noncompliance. Failure by the Developer (or the Developer's successor in interest) to
comply with the terms and conditions of this Ordinance (as determined by the Town Planning
and Zoning Official) shall result in the suspension of approval or issuance of further
development permits and Certificates of Occupancy until the noncompliance is cured. The
decision of the Town's Planning and Zoning Official may be reviewed de novo by the Town
Council.
(e) Land development regulations. The Town of Lake Placid Land Development Code shall
govern the Development, except as herein specified.
(f) Amendment. Any amendment to this Ordinance shall comply with the Town's
Comprehensive Plan in effect at the time of the amendment.
(g) Future fees. The provisions of this Ordinance do not preclude the application of any
other general government fees or any impact fees regardless of their nature either existing at
adoption or enacted thereafter (including any increases in existing fees).
Section 160-17.4. The HCFR Station #36 PD Zoning District: PD. The HCFR Station #36
PD Zoning District has been established on and for the PD Land.
(a) Underlying zoning district. The proposed PD Zoning District for this request does not
require an underlying zoning district.
(b) PD Zoning district. The PD Zoning District is established by the Ordinance.
Accordingly, the zoning for the Development is PD. The Development shall be subject to the
other provisions, which are not inconsistent with this Ordinance, of the Town of Lake Placid
2030 Comprehensive Plan; and the Code of Ordinances, Town of Lake Placid, Florida, Chapter
HIGHLANDS COUNTY STATION 36 - LAKE PLACID PROJECT NO. REV.
N/A 0
SHEET 1 OF 1
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VISTA DRIVE
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VISTA DRIVE
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US HIGHWAY 27
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US HIGHWAY 27
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DATE:
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APPROVED BY:
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FLORIDA REGISTRATION NO.:
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SEBRING, FLORIDA 33870
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ENGINEERING DEPARTMENT
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HIGHLANDS COUNTY
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505 S. COMMERCE AVENUE
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DATE:
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DRAWN BY:
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1921
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05/11/2020
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C:\Users\smahoney\Desktop\Station 36_Alt2.dwg, 11x17, Mahoney, Stacey Colors As Black Except Gray Colors.ctb, 11x17, Mahoney, Stacey Colors As Black Except Gray Colors.ctb11x17, Mahoney, Stacey Colors As Black Except Gray Colors.ctb, Mahoney, Stacey Colors As Black Except Gray Colors.ctbMahoney, Stacey Colors As Black Except Gray Colors.ctb Colors As Black Except Gray Colors.ctbColors As Black Except Gray Colors.ctb
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CLINTON HOWERTON, JR., P.E.
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61021
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CLINTON HOWERTON, P.E.
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STACEY MAHONEY
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CLINTON HOWERTON, P.E.
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CLINTON HOWERTON, P.E.
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FOR INFORMATION ONLY
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HIGHLANDS COUNTY STATION 36 - LAKE PLACID
Highlands County Fire Rescue Station 36 SWEETS PARKMAN ARCHITECTS
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Highlands County Fire Rescue Station 36 SWEETS PARKMAN ARCHITECTS
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Highlands County Fire Rescue Station 36 SWEETS PARKMAN ARCHITECTS
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Highlands County Fire Rescue Station 36 SWEETS PARKMAN ARCHITECTS
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Highlands County Fire Rescue Station 36 SWEETS PARKMAN ARCHITECTS
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TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council
AGENDA ITEM # AND TITLE: 4.B. First Reading Emergency Ordinance 2020-799
An emergency ordinance of the Town of Lake Placid, Florida relating to the “National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” and related matters; prohibiting entry into Town facilities bycertain persons; enforcing the provisions of Executive Order 20-68; providing for implementing administrative actions; providing for conflicts; providing for severability; providing for non-codification as well as the correction of scrivener's errors and providing for an effective date and period of effectiveness.
PLACED ON AGENDA BY: Town Administrator
STATEMENT OF ISSUE: Ordinance prohibiting entry by persons infected with COVID 19
FISCAL IMPACT:
ATTACHED ITEMS:
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Emergency Ordinance 2020-799
An emergency ordinance of the Town of Lake Placid, Florida relating to the “National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” and related matters; prohibiting entry into Town facilities by certain persons; enforcing the provisions of Executive Order 20-68; providing for implementing administrative actions; providing for conflicts; providing for severability; providing for non-codification as well as the correction of scrivener's errors and providing for an effective date and period of effectiveness.
Whereas, the Town Council of the Town of Lake Placid hereby adopts the
findings set forth in the attached emergency proclamations issued by the Mayor of Lake
Placid on August 10, 2020, and the Town Council on the date that this Emergency
Ordinance was enacted all of which relate to the National Emergency Concerning the
Novel Coronavirus Disease (COVID-19) Outbreak; and
Whereas, the Town Council of the Town of Lake Placid also hereby adopts
the findings set forth in the orders issued by the President of the United States and the
Governor of the State of Florida with regard to the National Emergency Concerning the
Novel Coronavirus Disease (COVID-19) Outbreak; and
Whereas, on March 17, 2020, Governor Ron DeSantis issued Executive
Order 20-68 that was intended to reduce density and crowds in restaurants, bars,
nightclubs and beaches to mitigate the spread of Coronavirus (COVID-19); and
Whereas, with regard to bars and nightclubs, all bars and nightclubs
throughout Florida were required to close for 30 days and the Florida Department of
Business and Professional Regulation (FDBPR) will be enforcing and providing further
guidance; and
Whereas, with regard to restaurants, restaurants are required to limit
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customer entry to 50 percent of capacity with seating staggered and limited to ensure
seated parties are separated by a distance of at least six feet, in accordance with the
guidelines of the Federal Center for Disease Control with additional information being
provided by the FDBPR; and
Whereas, the Town of Lake Placid desires to protect its citizens and visitors
and enforce the provisions of Executive Order 20-68 under its emergency powers; and
Whereas, Section 166.041(3)(b), Florida Statutes, pertaining to the
procedures for adoption of ordinances and resolutions by municipalities provides that:
The governing (b) body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.
; and
Whereas, as required by Section 166.041(3)(b), Florida Statutes, two-thirds of
the Town Council have voted to enact this Ordinance as an emergency ordinance.
Whereas, this Ordinance is also enacted pursuant to the home rule powers of
the Town of Lake Placid as set forth at Article VIII, Section 2, of the Constitution of the
State of Florida; Chapter 166, Florida Statutes; Chapter 252, Florida Statutes; and other
applicable controlling law.
Now, therefore, be it enacted by the People of the Town of Lake Placid, Florida:
Section 1. Legislative And Administrative Findings And Intent.
(a). The Town Council of the Town of Lake Placid hereby adopts and
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incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the
legislative and administrative findings and intent of the Town Council.
(b). The Town of Lake Placid has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance.
Section 2. Entry Prohibited.
It is prohibited and unlawful for any person who is exhibiting an infection with the
Novel Coronavirus Disease (COVID-19) or who has travelled to an area subject to travel
restrictions as a result of COVID-19 or who has been in contact with another person
who is suffering the effects of COVID-19 to enter any Town facility without the
express written consent of the Town Administrator.
Section 3. Regulations Consistent With Executive Order 20-68.
(a). In accordance with the provisions of Executive Order 20-68 all bars and
nightclubs located within the Town of Lake Placid shall be closed for the period of time
set forth in the Executive Order and such establishments are off limits during the stated
time period.
(b). In accordance with the provisions of Executive Order 20-68 all restaurants
located within the Town of Lake Placid shall limit customer entry to 50 percent of
capacity with seating staggered and limited to ensure seated parties are separated by a
distance of at least six feet, in accordance with the guidelines of the Federal Center for
Disease Control as set forth in the Executive Order.
(c). The Town’s Police Department shall coordinate the activities of the Town
with the Florida Department of Business and Professional Regulation and seek such
assistance as is available from the Florida Department of Business and Professional
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Regulation and shall advise Town staff within other departments as to how assistance
might be provided in the enforcement of Executive Order 20-68.
Section 4. Implementing Administrative Actions.
(a). The Town Manager is hereby authorized to take any and all necessary
actions to defend the enactment and implementation of this Ordinance.
(b). Without limiting the generality of the foregoing, the Town Administrator may
take any and all actions that are necessary to protect the interests of the Town with
regard to directions received from Federal, State and County governments.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the Town of Lake Placid in terms of the matters addressed
herein, emergency management and the responses to the National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak and any and all
matters relating or pertaining thereto, are hereby ratified and affirmed.
Section 6. Codification; Scrivener's Errors.
(a). The provisions of this Ordinance shall not be codified.
(b). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the Town Clerk and Town
Attorney, may be corrected with the endorsement of the Mayor, or designee, without the
need for a public hearing.
Section 7. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
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Section 8. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 9. Effective Date; Period Of Effectiveness.
(a). This Ordinance shall take effect immediately upon enactment.
(b). This Ordinance shall be in effect for one year, or until the Town Administrator
files a statement with the Town Council, stating that National Emergency Concerning
the Novel Coronavirus Disease (COVID-19) Outbreak has terminated, unless the Town
Council rescinds this Ordinance earlier.
Passed and adopted this 10th day of August, 2020.
Attest:
________________________________ Eva Cooper-Hapeman, Town Clerk
Mayor John M. Holbrook
____________________________
John M. Holbrook, Mayor
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TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council AGENDA ITEM # AND TITLE: 6.D.1 2020-2021 Town of Lake Placid and CRA Proposed Budget discussion
PLACED ON AGENDA BY: Town Administrator
STATEMENT OF ISSUE: Following budget workshop #1, corrections were made as requested by Town Council (strikeouts and notes identify changes).
No recommended action.
Action to be taken on:
September 14, 2020 5:30 pm - First Hearing for millage and budget adoption.
September 21, 2020 5:30 pm - Millage and budget final adoption.
FISCAL IMPACT:
ATTACHED ITEMS: Proposed budget for YR 2020/2021
TCAgendaPackage081020 Page 168 of 205
ACCOUNTS BY LINE ITEM
ACCOUNTS DESCRIPTION FOR TOWN OF LAKE PLACID
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ACTUAL)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ADOPTED)
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU JUNE 30, 2020 (ACTUAL)
TOWN OF LAKE PLACID BUDGET AMENDMENT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020 ORDINANCE # 2020 - 793 (ADOBPTED 03/09/2020)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2020 THRU SEPTEMBER 30, 2021 (PROPOSED)
LINE ITEM NOTES: CHANGES
GENERAL FUND REVENUE 001-300-000 GENERAL BUDGET FUND BALANCE - - - 120,477 137,157 Revised: $119,087 16,680 001-311-000 GENERAL AD VALOREM TAXES 694,902.19 694,886.61 704,285.39 668,841 737,536 68,695 001-312-410 GENERAL FIRST LOCAL OPTION FUEL TA 61,265.53 61,265.53 42,762.39 62,710 58,883 State Est. expected: Week of July 20-24 (3,827) 001-312-420 GENERAL SECOND LOCAL OPTION FUEL T 29,040.88 29,040.88 24,346.08 29,608 35,983 State Est. expected: Week of July 20-24 6,375 001-314-100 GENERAL UTILITY SERVICE TAX - ELEC 274,405.61 220,532.93 178,667.76 210,000 210,000 - 001-314-800 GENERAL UTILITY SERVICE TAX - PROP 11,971.25 11,971.25 8,259.46 11,000 11,000 - 001-315-000 GENERAL COMMUNICATION SERVICE (CST) 90,067.58 90,067.58 73,794.95 85,600 91,427 State Est. expected: Week of July 20-24 5,827
001-316-012 GENERAL LOCAL BUSINESS TAX 16,588.25 16,588.25 3,782.75 13,475 15,225 Billing went out on July 1st Estimate 435 @ $35.00 (+50) 1,750
001-323-100 GENERAL FRANCHISE FEE - ELECTRICITY 229,688.50 184,829.24 138,539.21 190,000 190,000 - 001-324-620 GENERAL RECREATON USER FEES 10,228.00 10,300.00 6,380.00 11,000 11,000 - 001-329-000 GENERAL ZONING-VARIANCE PERMITS 3,000.00 3,000.00 500.00 2,000 2,000 - 001-329-100 GENERAL SIGN PERMIT FEES 375.00 375.00 75.00 500 500 - 001-331-100 STREETS&ROADS FDOT FED GRANT 89,668.00 89,668.00 473,497.38 - - - 001-331-211 POLICE GRANT FOR DOJ 1,402.50 1,402.50 - 1,500 1,500 - 001-331-220 GENERAL GRANT - FDLE - - - 1,000 1,000 - 001-334-900 GENERAL GRANT - ARPAC - - 277,700.00 73,950 - (73,950) 001-331-500 POLICE FED DEPT OFFICE OF GOVERN 41,380.69 41,380.69 - - - - 001-331-504 RECREATION FED DEPT OFFICE OF GOVERN 29,411.63 29,411.63 - - - - 001-334-100 GENERAL FDOT SCOPE Grant 440368-1- - - - - - - 001-334-101 GENERAL FDOT-NORTH US MAINTENANCE 19,603.92 19,603.92 9,801.98 19,604 17,568 Revised per contract# BE891 $19,604 (2,036) 001-334-502 ST & RD STATE GRANT - DEPT OFFICE OF - - 1,139.51 - - - 001-334-504 REC STATE GRANT - DEPT OFFICE OF 4,901.94 4,901.94 2,941.16 - - - 001-334-505 POLICE STATE GRANT - DEPT OFFICE OF 1,384.64 1,384.64 830.78 - - - 001-334-713 GENERAL COUNTY CULTURE/RECREATION 110,000.00 110,000.00 - 110,000 110,000 - 001-335-120 GENERAL STATE REVENUE SHARING PROC 72,406.14 81,643.81 55,298.40 80,678 75,483 State Est. expected: Week of July 20-24 (5,195) 001-335-130 GENERAL STATE LIGHT MAINTENANCE FE - - - - - - 001-335-140 GENERAL MOBILE HOME LICENSES 2,086.43 2,086.43 2,022.50 2,000 2,000 - 001-335-150 GENERAL ALCOHOLIC BEVERAGE LICENSE 5,296.44 5,296.44 4,397.97 6,000 6,000 - 001-335-180 GENERAL LOCAL GOVT. HALF CENT SALE 147,908.29 147,669.11 106,389.48 147,636 127,235 State Est. expected: Week of July 20-24 (20,401)
001-335-900 GEN STATE LIGHT MAINTENANCE FE 12,474.57 12,474.57 10,875 12,062 Revised per contract# AM851 Revenue Estimate pending $10,875 1,187
001-340-100 POLICE PUBLIC RECORDS 242.99 242.99 125.82 - - - 001-341-900 GENERAL ELECTION ASSESSMENT - - 24.00 - - - 001-342-100 POLICE REPORT FEE 410.31 410.31 303.15 450 450 - 001-342-101 POLICE PARKING TICKET 900.00 900.00 474.56 500 500 - 001-342-900 POLICE CODE PENALTIES 300.00 300.00 - 500 500 - 001-342-907 CODE ENFORCEMENT MAGISTRATE FINES 1,000.00 1,000.00 - 200 200 - 001-342-909 CODE ENFORCEMENT MAGISTRATE ADMIN 500.00 500.00 100.00 - - - 001-347-200 REC TOWN PARKS RENTAL CHARGES 1,350.00 1,350.00 (300.00) - - - 001-347-900 REC USER FEE - - (75.00) - - - 001-351-100 POLICE FINES-FORFEITURES 24,300.37 24,300.37 16,438.86 22,154 22,154 0 001-351-300 POLICE EDUCATION ASSESSMENT 1,059.11 1,059.11 646.87 800 800 - 001-358-001 RECREATION TOWN PARKS RENTAL -US 2,250.00 2,250.00 325.00 1,500 1,500 - 001-358-002 T,H. BUILDING RENTAL (RESER - - 200.00 - - - 001-361-000 GENERAL INTEREST INCOME 39,978.61 37,196.38 8,188.63 35,000 35,000 - 001-361-001 GENERAL INTEREST INCOME: CD & MM 823.26 683.42 618.00 1,000 1,000 - 001-362-007 GENERAL BUILDING RENT: WATER 17,700.00 17,700.00 10,325.00 17,700 17,700 - 001-362-008 GENERAL BUILDING RENT: SANITA 4,023.00 4,023.00 2,011.50 4,023 4,023 - 001-362-009 GENERAL BUILDING RENT: WASTEW 10,500.00 10,500.00 6,125.00 10,500 10,500 - 001-362-010 GENERAL BUILDING RENT: CEMETE 1,060.08 1,060.08 618.38 1,060 1,060 0 001-362-011 GENERAL BUILDING RENT: 1069 US HWY 27 N 750.00 750.00 - - - - 001-365-002 STREETS&ROADS SALE OF SURPLUS ASSET 358.40 358.40 123.40 - - - 001-365-005 POLICE SALE OF SURPLUS ASSETS 1,000.00 1,000.00 - - - - 001-366-200 POLICE DONATIONS FROM PRIVATE SO 9,437.83 9,437.83 3,040.00 - - - 001-366-202 POLICE FINGERPRINTING FEES 5.00 5.00 - - - - 001-366-203 POLICE CAR SEAT DONATIONS 2,800.00 2,800.00 1,000.00 - - - 001-366-204 POLICE HALLOWEEN DONATIONS 605.00 605.00 - - - - 001-366-206 POLICE CONCEALED WEAPON CLASS 4,460.00 4,460.00 250.00 - - - 001-366-207 POLICE TOY DRIVE 860.00 860.00 2,898.00 - - - 001-366-208 POLICE NO SHAVE NOVEMBER 1,050.00 1,050.00 - - - - 001-369-010 GENERAL MISCELLANEOUS REVENUE (1,099.74) 396.84 2,373.37 3,000 3,000 Property Claim reimbursements - 001-369-100 POLICE EMPLOYEE REIMBURSEMENT FOR AUT 1,738.74 1,738.74 1,087.53 - - - 001-381-901 GENERAL TRANSFER IN - SANITATION - 40,827.00 - 23,252 - Due to Sanitation transfer completed (23,252)
TCAgendaPackage081020 Page 169 of 205
townadmin
Typewritten Text
6.D.1 Overall budget 2021 workfile2
ACCOUNTS BY LINE ITEM
ACCOUNTS DESCRIPTION FOR TOWN OF LAKE PLACID
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ACTUAL)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ADOPTED)
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU JUNE 30, 2020 (ACTUAL)
TOWN OF LAKE PLACID BUDGET AMENDMENT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020 ORDINANCE # 2020 - 793 (ADOBPTED 03/09/2020)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2020 THRU SEPTEMBER 30, 2021 (PROPOSED)
LINE ITEM NOTES: CHANGES
001-381-998 GENERAL TRANSFER IN (CHAMBER EVENTS) 1,500.00 1,500.00 - - - - 001-381-999 GENERAL TRANSFER-IN INFRA 288,000.00 288,000.00 - 40,000 104,590 PD Renovation (old Town Hall) 64,590 001-381-999 GENERAL TRANSFER-IN INFRA - - - - 90,000 Vehicles (2) 90,000 001-381-999 GENERAL TRANSFER-IN INFRA - - - 49,350 - (49,350) 001-392-005 POLICE INSURANCE PROCEEDS 11,773.68 11,773.68 - - - -
TOTAL GENERAL FUND REVENUE 2,389,094.62 2,338,819.10 2,172,334.22 2,069,443.00 2,146,536 104% 77,093 INFRASTRUCTURE REVENUE -
101-300-000 INFRASTRUCTURE FUND BALANCE - 352,024.00 - - - Town Hall Generator, PD Vehicles & Garbage Truck. Loan Loan -
101-312-600 INFRASTRUCTURE DISCRETIONARY SALES SU 272,677.81 267,779.37 220,061.25 290,228 250,000 State Est. expected: Week of July 20-24 (40,228) 101-334-400 INFRA STATE GRANT - - - - 101-361-010 INFRASTRUCTURE INTEREST INCOME 34,013.90 31,297.31 5,795.96 26,000 7,500 Interest calculation error (bank) (18,500) 101-381-016 INFRASTRUCTURE OPERATING TRANSFER-IN 5,950.00 - 29,692.00 - - - 101-381-401 INFRASTRUCTURE TRANSFER - IN WA 30,515.00 - - - 101-381-402 INFRASTRUCTURE TRANSFER - IN SANITATION - - - 57,255 57,255 For building allocation and truck repayment (0) 101-381-403 INFRASTRUCTURE TRANSFER - IN WW - - - 32,888 65,776 For building allocation 32,888 101-381-409 INFRASTRUCTURE TRANSFER - IN CEM - - - 6,910 6,910 For building allocation -
TOTAL INFRASTRUCTURE REVENUE 312,641.71 651,100.68 286,064.21 413,281 387,441 94% (25,840) TOWN OF LAKE PLACID - CRA (TRUST) -
103-386-000 FUND BALANCE - 18,096 - (18,096) 103-386-700 CRA TRANSFER IN - HCBCC 12,544.00 12,544.00 38,261.00 25,717 32,602 6,885 103-386-700 CRA TRANSFER IN - LAKE PLACID 5,355.00 5,555.00 16,092.00 10,537 12,679 2,142 103-361-000 CRA INTEREST - CRA 48.08 16.49 188.31 - 300 300 103-381-000 CRA TRANSFER IN - GENERAL 200.00 - - - - -
TOTAL CRA REVENUE 18,147.08 18,115.49 54,541.31 54,350.00 45,581 84% (8,769) SPECIAL REVENUE-GRANT PROJECTS -
300-331-100 GRANT - PRE-DISASTER MITIGATION - - - - - - 300-334-100 CDBG DISBURSEMENT - - - - - No projects budgeted or a - 300-361-000 GRANT INTEREST INCOME 155.90 128.38 55.83 - - budget amendment may be - 300-381-100 GRANT TRANSFER IN - ADMIN FEMA - - - - - presented at a later date. - 300-381-101 GRANT TRANSFER IN - INFRASTRUCTURE - - - - - - 300-381-401 GRANT TRANSFER IN - WATER SYSTEMS - - - 0 - (0) 300-381-402 CDBG TRANSFER IN - WASTEWATER 20,500.00 20,500.00 - - - -
TOTAL SPECIAL REVENUE-GRANT PROJECTS 20,655.90 20,628.38 55.83 0.00 - 0% (0) WATER SYSTEMS REVENUE -
401-300-000 WA FUND BALANCE - - - 1,624 - (1,624) 401-324-210 WA IMPACT FEE- RESIDENTIAL (WA 26,100.00 26,100.00 25,650.00 20,000 20,000 - 401-324-220 WA IMPACT FEE - COMMERCIAL 750.00 750.00 - - - - 401-331-500 WA FED. ECONOMIC ENVIRONMENT 16,983.67 16,983.67 - - - - 401-334-500 WA STATE ECONOMIC ENVIRONMEN 2,830.62 2,830.62 1,340.16 - - - 401-342-200 WA FIRE PROTECTION - - 2,040.00 3,600 3,600 -
401-343-300 WATER UTILITY REVENUE 1,329,734.62 1,591,872.00 1,179,434.59 1,462,911 1,338,458 Conserative: Budget based projection not based on # of active accounts (124,453)
401-343-350 WATER PENALTIES 2,614.19 2,614.19 892.42 3,500 3,500 Decrease due to penalties on hold COVID-19 -
401-343-355 WA TAP FEE - - - - - -
401-343-900 WA SERVICE CONNECTION FEES 42,155.00 42,155.00 21,962.50 50,000 50,000 When shut off resume, fees may exceed budget -
401-361-000 WA INTEREST INCOME 36,850.13 34,162.47 5,943.90 25,000 12,000 Interest calculation error (bank) (13,000) 401-364-000 WA DISPOSITION GAIN/LOSS ON DISPO 5,800.00 5,800.00 - - - - 401-365-000 WA SALE OF SURPLUS MATERIAL & SCR 1,082.00 1,082.00 - - - - 401-369-000 WA MISCELLANEOUS INCOME 11,039.68 11,039.68 2,236.79 - - - 401-369-200 WA SETTING/REPAIRING METERS 7,750.00 7,750.00 7,175.00 12,000 8,000 (4,000) 401-369-900 WA MUNICIPAL LIEN RESEARCH - - 225.00 - - -
TOTAL WATER SYSTEMS REVENUE 1,483,689.91 1,743,139.63 1,246,900.36 1,578,635 1,435,558 91% (143,077) WASTEWATER REVENUE -
403-300-000 CEM FUND BALANCE - - - 6,034 - (6,034) 403-343-700 CEM MAUSOLEUM SALES 1,100.00 1,100.00 3,100.00 - - - 403-343-800 CEM CASH LOT SALE - - - - - - 403-343-801 CEM CREMAIN LOT 4X4 - - 400.00 - - - 403-343-802 CEM MEMORIAL LOT 3.6X10 7,000.00 7,000.00 4,900.00 5,000 6,400 1,400 403-343-803 CEM TRADITIONAL 4X11 10,800.00 10,800.00 13,800.00 15,000 15,000 - 403-343-999 CEM DEED TRANSFER FEE - - 60.00 - - - 403-361-000 CEM INTEREST ON C.D. & MONEY MARKE 978.45 906.12 216.32 1,000 1,000 - 403-369-020 CEM PERPETUAL CARE FEES 18,000.00 18,000.00 14,400.00 18,000 18,000 - 403-369-030 CEM CRYPT VASES 5,200.00 5,200.00 6,400.00 - - - 403-369-040 CEM NICHE VASES 5,500.00 5,500.00 3,450.00 - - - 403-369-041 CEM CRYPT - VASE - - 300.00 5,000 5,000.00 - 403-369-042 CEM NICHE - VASE 300.00 300.00 1,200.00 2,000 2,000.00 - 403-369-050 CEM CEM OPENING-CLOSING CRYPTS 900.00 900.00 - 1,000 1,000 - 403-369-051 CEM CEM OPENING-CLOSING NICHES 1,500.00 1,500.00 675.00 1,000 1,000 - 403-369-901 CEM CEM MARKING FEE BURIAL 5,800.00 5,800.00 3,450.00 6,000 6,000 - 403-369-902 CEM MARKING FEE HEADSTONE 2,050.00 2,050.00 850.00 2,000 2,000 - 403-369-905 CEM TRANSFER IN - CEMETERY TST - - - 30,000 - Deleted: 30,000 (30,000) 403-369-910 CEM TRANSFER IN - INFRA - - - 10,000 - (10,000)
TOTAL CEMETERY REVENUE 59,128.45 59,056.12 53,201.32 102,034 57,400 56% (44,634) WATER SEWER CAPITAL IMPROVEMENT -
404-300-000 W/S CAP. BUDGET FUND BALANCE - 107,794.00 - - 25,776 25,776 404-324-000 W/S CAP. SRF SEWER EXTENSION 13,325.00 13,325.00 - - - - 404-361-000 W/S CAP. INTEREST 30,522.63 28,226.16 4,915.02 25,000 12,000 Interest calculation error (bank) (13,000) 404-361-002 W/S CAP. INTERST - WA (Plant Expansion) 489.87 95.38 1,044.93 200 1,000 Interest calculation error (bank) 800 404-361-003 W/S CAP. INTERST - WW (Plant Expansion) 256.95 50.03 548.09 200 1,000 Interest calculation error (bank) 800 404-369-220 W/S CAP. IMPACT FEES - WATER 28,650.00 28,650.00 (650.00) 20,000 20,000 - 404-369-221 W/S CAP. IMPACT FEES - SEWER 2,500.00 2,500.00 - - 6,000 6,000 404-369-700 W/S CAP. TRANSFER IN - SEWER REV - - 30,387.00 - - - 404-381-000 W/S CAP. TRANSFER IN - WATER REV - - 330,300.00 - - - 404-381-001 W/S CAP. TRANSFER IN - REPYMT OF BOA LO - - - - - - 404-381-600 W/S CAP. WATER PLANTS EXPANSION - - - 40,000 - Transfer in WA (40,000) 404-381-700 W/S CAP. SEWER PLANTS EXPANSION - - - 20,000 - Transfer in WW (20,000)
TOTAL WATER SEWER CAPITAL IMPROVEMEN 75,744.45 180,640.57 366,545.04 105,400 65,776 62% (39,624) SANITATION REVENUE -
409-300-003 SA FUND BALANCE - 409 - - - 5,850 44,213 38,363 409-331-500 SA FED. ECONOMIC ENVIRONMENT 29,229.02 25,104.20 - - - - 409-334-500 SA STATE ECONOMIC ENVIRONMENT 2,856.66 2,341.05 1,109.53 - - -
409-343-350 SANITATION PENALTIES 808.34 808.34 380.23 1,000 1,000 Decrease due to penalties on hold COVID-19 -
409-343-400 SA GARBAGE/SOLID WASTE DUMPSTER R 425,537.50 426,413.50 345,688.87 458,513 433,278 Sanitation accounts were put on hold due to COVID-19 (25,235)
409-343-401 SA GARBAGE/SOLID WASTE RESIDENTIA 119,899.57 124,369.35 156,100.17 129,800 160,000 30,200 409-343-410 SA EXTRA/BULK TRASH PICKUP 6,937.80 6,937.80 11,586.35 12,600 12,600 - 409-343-430 SANITATION SETUP FEE 850.00 850.00 225.00 2,500 1,000 (1,500) 409-361-000 SA INTEREST INCOME 2,114.21 2,004.87 406.00 2,000 1,000 Interest calculation error (bank) (1,000) 409-365-000 SA SALE OF SURPLUS ASSETS 5,333.40 5,333.40 - - - - 409-369-900 SA OTHER MISCELLANEOUS REVENUES - - - - - - 409-381-100 SA OPERATING TRANSFER IN - INFRA - - - - 235,000 for Garbage Truck 235,000
413-300-000 FUND BALANCE - - - 2,000 20,000 Building or irrigation for new spaces 18,000 413-361-010 CEM TST INTEREST INCOME 11,591.38 10,694.80 2,026.93 10,000 2,000 Building or irrigation for new spaces (8,000)
TCAgendaPackage081020 Page 171 of 205
ACCOUNTS BY LINE ITEM
ACCOUNTS DESCRIPTION FOR TOWN OF LAKE PLACID
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ACTUAL)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ADOPTED)
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU JUNE 30, 2020 (ACTUAL)
TOWN OF LAKE PLACID BUDGET AMENDMENT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020 ORDINANCE # 2020 - 793 (ADOBPTED 03/09/2020)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2020 THRU SEPTEMBER 30, 2021 (PROPOSED)
LINE ITEM NOTES: CHANGES
413-381-010 CEM TST TRANSFER IN-CEMETERY - - - 18,000 18,000 Building or irrigation for new spaces - TOTAL CEMETERY TRUST 11,591.38 10,694.80 2,026.93 30,000 40,000 133% 10,000
001-513-490 ADM. OTHER CURRENT CHARGES 8,058.34 8,007.14 7,253.41 2,000 5,000 Costs increase was due to TH expenses / prior year increase was hurricane related. 3,000
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ACTUAL)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 THRU SEPTEMBER 30, 2019 (ADOPTED)
TOWN OF LAKE PLACID ACTIVITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU JUNE 30, 2020 (ACTUAL)
TOWN OF LAKE PLACID BUDGET AMENDMENT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020 ORDINANCE # 2020 - 793 (ADOBPTED 03/09/2020)
TOWN OF LAKE PLACID BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2020 THRU SEPTEMBER 30, 2021 (PROPOSED)
LINE ITEM NOTES: CHANGES
403-580-600 CAPITAL IMPROVEMENTS 1,001.27 5,741.58 266.14 30,000 -
Delete: BUILDING OR IRRIGATION FOR NEW BLOCKS TO BE OPENED $40,000 (30,000)
403-580-600 CAPITAL IMPROVEMENTS - - - - - Delete: Video Streaming Update split $694.00 -
403-580-600 CAPITAL IMPROVEMENTS - - - - 340 LED Sign for Government Ctr (Mobile unit) 340 403-580-601 CAPITAL - SOFTWARE - - - - - - 403-580-630 CAPITAL OUTLAY 44.85 104.85 - 10,000 - (10,000) 403-580-899 COST OF SALES 11,749.28 - - - - - 403-580-910 INTRAGOVT TRANSFER - CEM TRST - - - 18,000 - (18,000) 403-580-997 TRANSFER OUT - INFRA LP GOVERNMENT CEN - 4,813.00 - 6,910 6,910 (0) 403-580-999 TRANSFER OUT - - - - 10,694 To balance fund 10,694
TOTAL CEMETERY EXPENSES 76,937.90 59,056.42 31,388.74 102,033 57,400 56% (44,633) WATER/SEWER CAPITAL IMP -
404-533-311 CAPITAL INTERCONNECT (HWY&TOMOKA) 3,500.00 3,500.00 - - - - 404-533-600 CAPITAL CAPITAL OUTLAY - - 30,515.00 - - - 404-533-650 CAPITAL INTERCONNECT (HWY&TOMOKA) 177,098.40 177,098.00 119,237.60 - - 404-535-600 CAPITAL OUTLAY 41.95 41.95 - - 65,776 Transfer for LP Govt Ctr 100% 65,776 404-581-999 CAPITAL UNCATEGORIZED EXPENSES - - - 105,400 (105,400)
TOTAL WATER/SEWER CAPITAL IMP EXPENSE 180,640.35 180,639.95 149,752.60 105,400 65,776 62% (39,624) SANITATION/REFUSE -
413-581-901 CEMETERY TST TRANSFER OUT - - - 30,000 40,000 Building or irrigation for new spaces 10,000 413-581-999 CEMETERY TST UNCATEGORIZED EXPENSES - 10,695.00 - - - -
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council
AGENDA ITEM # AND TITLE: 6.D.1. Part 2 Research relevant to Council questions during07/22/20 Budget Workshop
PLACED ON AGENDA BY: Town Administrator
STATEMENT OF ISSUE: Refer to meeting minutes. Council members requested research on following topics as presented to Town Attorney for legal opinions to allow Council to choose whether to continue funding some areas as laid out in “subjects” below.
FISCAL IMPACT: Mutual aid responses – exact cost not calculated Safe Schools Assistance to Sheriff - $25,000 Crossing Guards - $63,748.39
ATTACHED ITEMS:Narratives describing questioned posed during budget workshop and legal opinions
TCAgendaPackage081020 Page 182 of 205
SUBJECT 1 Police School Crossing Guards
On Thu, Jul 30, 2020 at 9:26 AM Phil Williams <> wrote to Bert Harris:
I am endeavoring to provide Town Council with requested information that was discussed in the budget workshop on 7/22, links to recordings attached.
First, the Town budgets for 2020/2021 FY budget $63,748.39 for School Crossing Guards and has budgeted for Crossing Guards since before my arrival in 2001. I continued the practice following AGO 85-72 attached. Also attached is FSS 1006 which includes descriptions of what constitutes a hazardous crossing by state standards (bookmarked in the pdf and underlined).
Q1 - Posed by Council - may the town de-annex areas where crossing guards are required on Green Dragon etc.? Q2 - Is the town responsible to furnish crossing guards? Q3 - Given that I have directed the police chief to perform a study when the school year starts, and intend to give Council a choice of discontinuing Crossing Guards if the resulting data does not meet state standards - may Council direct staff to dissolve the crossing guard program and budget given same?
ATTACHMENTS INCLUDED 7/23/2020 Advisory Legal Opinion - Responsibility for furnishing crossing guards www.myfloridalegal.com/ago.nsf/printview/5902C807D4B3B22585256576005BE0D1 1/4 Florida Attorney General Advisory Legal Opinion Number: AGO 85-72 Date: September 9, 1985 Subject: Responsibility for furnishing crossing guards
and
Florida State Statute Chapter 1006 Regarding school areas.
RESPONDING LEGAL OPINION ATTACHED
SUBJECT 2 Police Mutual Aid with other agencies
Phil Williams < > To Bert Harris and Council
Attachments Thu, Jul 30, 10:14 AM (6 days ago)
Town Council approved the attached Mutual Aid Agreement per the minutes below. Mutual Aid responses of the police has evolved in the last budget workshop to a concern by two Council members that there are an excessive number of mutual aid calls for Town of Lake Placid Police outside of the town and that the data concerning same was not delivered when requested of staff.
Q1- For the August 10th meeting, may Town Council choose to dissolve the existing mutual aid agreement attached that Council approved on 03/13/17 and prefer a police department which makes no responses to calls for assistance from other agencies outside of the town, based on the attached data? I personally find no law or attorney general opinions requiring any law enforcement agency to engage in mutual aid with one another.
By copying Council this email is also intended to deliver requested stats and the same stats will be in the agenda package as a permanent record of its delivery.
PAST TOWN MINUTES
04/10/89
D. Town Marshal: Jerry had a copy of the Mutual Aid Agreement with the Sheriff ' s Department. Mr. Dunty felt Council should review the Agreement at the next workshop.
11/05/2001
5. Town Clerk a. Statewide Mutual Aid Agreement - Mrs. Tuck explained this is the same agreement we _enter into once a year. It is an agreement with the Town, County and State. Council Member Nichols made a motion to authorize the Mayor to execute the necessary documents to enter into the Statewide Mutual Aid Agreement; motion seconded by Council Member Waller. On roll call, motion carried unanimously.
03/13/2017
1. CONSENT AGENDA 1 A. Approval of Agenda B. Approval of Minutes Town Council Regular Meeting February 13, 2017. C. Approval of Department Head Reports D. Approval of Departmental Financial Reports for the month of February 2017. E. Approval of all duly authorized monthly bills F. Approval of Mutual Aid Agreement between Police Department and HC Sheriff’s Office
• Council discussed Item 1.F Mutual Aid Agreement, Chief Fansler confirmed for council the agreement is the same as past years, does not include the assistance from the county prisoners, LPPD has the same radio system as Highlands County Sheriff Department. Motion - Moved by Council Member Tuck, seconded by Council Member Royce, to approve Consent Agenda 1 and move agenda items 6.C.1 to presentations. Roll Call Vote: Unanimous approval.
DATA PROVIDED BY POLICE CHIEF TO DATE LAKE PLACID POLICE RESPONSES TO MUTUAL AID CALLS 2018 Total CAD Calls: 9,143 - CAD means "Computer Aided Dispatch"
- Total Requests For Mutual Aid: 21 LPPD18OFF000009 - Requested assistance on traffic stop 01/05/18 14 - Assist traffic stop 01/07/18 33 - Missing child 01/16 104- Domestic disturbance 02/27 112 - DUI Arrest 03/03 144 - Apprehension of theft suspect 03/18 151 - Assist deputy in post taser arrest 03/22 219 - Assist FHP at 27 and Lake June (traffic) 04/23 228 - Domestic dispute in Placid Arms Apts 04/24 245 - Assist in DUI arrest 05/02 256 - Deputy homicide 05/06 318 - Highway Park fight 06/14 362 - Apprehension of felony suspect 07/08 399 - Domestic disturbance/Drug arrest 07/26 420 - Drowning at Bishop Park 08/05 443 - Burglary in progress (LPPD apprehends suspect) 08/18
2019 Total CAD Calls: 8,351 - Total Requests For Mutual Aid: 15 LPPD19OFF000031 - Warrant arrest 01/17/19 58 - Translation 02/12/19 62 - Traffic Stop 02/12/19 63 - Warrant service assist 02/12/19 136 - Domestic Disturbance 04/05/19 151 - Deputy in need of assistance 04/15/19 163 - Shooting in Highway park 04/22/19 192 - Domestic 05/13/19 196 - Fleeing suspect in stolen vehicle 284 - Fight 07/09/19 380 - Alarm 09/03/19 430 - Fleeing suspect 10/14/19 454 - Felon apprehension 10/28/19 501 - Homicide (Highway Park) 12/23/19 529 - Deputy involved traffic crash 12/30/19
2020 Total CAD Calls: 4087 (as of today) - Total Mutual Aids: 28 LPPD20OFF000210 - Burglary in Progress 06/30/20 LPPD20CAD000672 - Warrant assist 01/30 647 - Funeral escort 01/29 620 - Warrant 01/27 524 - Traffic Stop 01/23 183 - Fight - 01/10 1032 - Stand-by in Highway Park - 02/15 942 - Assist in Highway Park - 02/11 798 - 911 Hang up - assist D/S 02/05 2035 - Violent subject Domestic - 03/28 1905 - Suspicious incident 03/22 2534 - Felon apprehension 04/26 2423 - Suspicious incident - 04/20 2360 - Traffic Control assist - 04/16 2288 - Building clearance - 04/12 2178 - Hit and Run accident - 04/05 3155 - Burglary in progress - 05/31 3154 - Traffic control assist - 05/31 2948 - Warrant service on fleeing felon - 05/20 3661 - Shooting Highway Park - 06/27 3636 - Fight - 06/27 3334 - Domestic - 06/09 3253 - Missing Child - 06/05 3244 - Alarm - Search with D/S - 06/04 3206 - Back-up D/S - 06/03
TCAgendaPackage081020 Page 185 of 205
4070 - Medical assist on violent patient - 07/23 3788- Hit and Run with fleeing driver - 07/06 3752 - Accident with extraction / assist traffic - 07/03
CAD calls (2018 to present): 21,581 AOA calls (2018 to present): 64*** 0.003%
***Only AOA calls requiring the officers to leave the town's jurisdiction are reported here. AOA calls within the town's limits are attributed to normal law enforcement related functions of the police department. Most AOA calls officers responded to within the town's jurisdiction are attributed to traffic stops and assist on warrant services.
Town Administrator Phil Williams
SUBJECT 3 Police Safe Schools
Legal opinion requested - re Safe Schools Act $25,000 to Sheriff
Phil Williams <> To Bert Harris Thu, Jul 30, 9:30 AM (6 days ago)
Similar discussion to last email - is the town required by law to assist the Sheriff in putting School Resources at schools in the town. May the Sheriff choose to withdraw officers and leave the chore to the town. Same FSS 1006 seems to have several areas directing "Sheriff's" specifically to perform school safety functions.
Town Administrator Phil Williams
TCAgendaPackage081020 Page 186 of 205
VOLUNTARY COOPERATION AGREEMENT BETWEEN THE TOWN OF LAKE PLACID, FLORIDA ON BEHALF OF THE LAKE PLACID POLICE
DEPARTMENT AND THE HIGHLANDS COUNTY SHERIFF'S OFFICE
This agreement is made between tbe TOWN OF LAKE PLACID ("Lake Placid"), a municipality located in Highlands County, Florida and tbe HIGHLANDS COUNTY SHERIFF'S OFFICE ("Sheriffs Office'') which are agencies or units of govenunent that have the authority to employ or appoint law enforcement officers, as defined in Section 943.10(1), Florida Statutes, or otherwise identified as "Subscribers" or "Parties.1
'
WHEREAS, Part I, Chapter 23, Florida Statutes, the " Florida Mutual Aid Act", authorizes law enforcement agencies to enter into agreements for cooperation and assistance across jurisdictional lines; and
WHEREAS, the Subscribers to this Voluntary Cooperation Agreement ("Agreement") are so located in relation to one another or each has respective resources that it is to their advantage to receive and extend voluntruy cooperation and operational assistance; and
WHEREAS, the Subscribers to this Agreement recognize that an increasing number of criminals operate across jw·isdictional lines, and that a continuing multi-jurisdictional response to such unlawful activity is needed; and
WHEREAS, certain investigations because of their nature, particularly investigations into the illicit sale of drngs, require that law enforcement officers respond promptly and without delay; and
WHEREAS, no single law enforcement agency can command sufficient human resources and other resources to handle all possible emergencies, incidents, activities, and investigations; and
WHEREAS, the Subscribers to this Agreement recognize there is a need for continuing multi-jurisdictional response to persons who are involved in traffic accidents or who are operating vehicles in violation of traffic laws on streets, roads, or other traveled ways, including right-of-ways thereof, that are adjacent to or that form the boundary between municipalities or towns and an unincorporated portion of Highlands County, Florida; and
WHEREAS, the Subscribers to this Agreement desire to enhance their capabilities to protect life and property and preserve the public peace;
NOW, THEREFORE, in consideration of the mutual covenan1s expressed herein, and for other good and valuable consideration. receipt of which is hereby acknowledged, the Subscribers hereto agree as follows:
1. Cooperating Agency or "Jurisdiction" or .. Agenci' or ·'Subscri.ber(s)" means the Lake Placid Police Department and the Sheriff's Office.
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2. Voluntary Cooperation as provided herein permits voluntary cooperation among and between the Subscribers to this Agreement across jurisdictional lines to provide assistance to each other with any violations of Florida Law to include, but not limited to investigations of homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, narcotic violations, backup services during patrol activities, inter-agency task forces, joint investigations, traffic investigations/enforcement of traffic laws on contiguous ways as provided in Section Five (5) of this Agreement or other routine law enforcement matters where assistance is requested or otherwise needed.
3. Operational Assistance as provided herein means support which is provided in law enforcement circumstances, including but not limited to emergencies as defined in Section 252.34, Florida Statutes, or state of affairs that call for the use of resources which may exceed the capability of the Agency having jurisdiction to counteract or manage the incident effectively.
4. Voluntary Cooperation or Operational Assistance
a) Any Subscriber to this Agreement may request voluntary cooperation or operational assistance from any other Subscriber to this Agreement. b) A request for voluntary cooperation or operational assistance shall be made by the Watch Commander or Officer-In-Charge ("OIC") of the matter or incident from the respective Subscribing agency requesting the voluntary cooperation or operational assistance, or such designee. c) A request for voluntary cooperation or operational assistance made pursuant to this Agreement should specify the number of personnel and the type and amount of resources needed, the location to which the personnel and resources are to respond, and the official to whom they are to report. d) An Agency receiving a request for voluntary cooperation or operational assistance is obligated to the request only to the extent that the available personnel and resources are not required for adequate protection in the responding Agency's jurisdiction. The Watch Commander or OIC of the responding Agency, or the designee, shall have the sole authority to determine the amount of personnel and resources, if any, avai lable. e) Resources which may be available under this Agreement shall include, but are not limited to, human resources, marked and unmarked vehicles, 4-wheel drive vehicles, police patrol boats, K-9 units, aircraft, and national/state/county/city computer and communication networks. f) Law enforcement officers and other employees responding to a request for voluntary cooperation or operational assistance shall be under the direction and control of the commanding officers of the Agency making the request, unless otherwise agreed to based upon the criteria of the operation. g) If requested, law enforcement officers rendering voluntary cooperation or operational assistance may assist in the transportation and processing of prisoners in situations involving mass arrests and, if necessary, in the operation of temporary detention facilities. h) The responding Agency's personnel and resources shall be released by the requesting Agency when assistance is no longer needed or when such personnel or
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resources are needed in the jurisdiction in which they are normally employed. Should the need arise, the Watch Commander or OIC of the responding Agency, or the designee, may at any time, recall personnel and resources of the jurisdiction in which they are normally employed. i) Law enforcement officers rendering voluntary cooperation or operational assistance will complete written reports as if they were perfomling their duties in their own jurisdiction. Copies of these reports shall be furnished to the Agency requesting assistance within a reasonable time. Additionally, officers rendering voluntary cooperation or operational assistance shall prepare other reports as the Agency requesting assistance may reasonably require.
5. Enforcement of Traffic Laws and Traffic Investigations on Contiguous Ways
a) Contiguous Ways ("Contiguous Ways") in this Section means those streets, roads, or other traveled ways, including the right-of-way thereof, that are adjacent to or that form the boundary between municipalities or towns and the unincorporated portions of Highlands County, Florida.
b) When a uniformed, on-duty law enforcement officer of the Lake Placid Police Department observes a traffic infraction occurring on a Contiguous Way, such law enforcement officer may take appropriate action to enforce the traffic laws of the State and issue any and all necessary citations, notices to appear, effect arrest(s), collect and preserve evidence, take custody of any contraband article as defmed by the Sections 932.701-932.7062, Florida Statutes, the Florida Contraband Forfeiture Act, or take such action as necessary and appropriate to protect the health and safety of the public. Such law enforcement officer shall promptly notify the Agency in which the traffic violation occu1Ted of the incident and the action initiated.
c) When a traffic accident occurs on a Contiguous Way, a uniformed, on-duty law enforcement officer from the adjacent municipaJity, town or unincorporated portions of Highlands County, Florida, may commence necessary first aid and traffic control. The law enforcement officer on the scene shall contact the Jurisdiction in which the accident occurred. If that Jurisdiction is unable to dispatch law enforcement to the scene or otherwise declines a response, the law enforcement officer on the scene may proceed to investigate the accident, to issue any and all necessary citations, notices to appear, effect arrest(s), collect and preserve evidence, take into custody of any contraband aiticle as defined by Sections 932. 701-932. 7062, Florida Statutes, the Florida Contraband Forfeiture Act, or take such action as is necessary and appropriate to protect the health and safety of the public.
6. Radio Communications Subject to budgetary constraints, each Subscriber to this Agreement shall be equipped
with the inter-agency radio frequency, which sha ll be the primary source of communication between law enforcement officers rendering voluntary cooperation or operational assistance and local officials. Except for Agencies operating through consolidated communication protocols under Sheriffs Office Central Dispatch for Highlands County, Florida, other subscribing Agencies requesting voluntary cooperation or operational assistance shall record all radio communications which relate to the assistance provided, including, but not limited to, the
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numbers of the units responding, times en route, times of arrival, times of completion and all other pertinent radio communications.
7. Supremacy of Departmental General Orders and Policies Whenever an officer or employee is rendering assistance pursuant to this Agreement, the
officer or employee shall abide by and be subject to lhe Rules and Regulations, Personnel Policies, GeneraJ Orders and Standard Operating Procedures of his/her employer. Jf any such Rule, Regulation, Personnel Policy, General Order, or Standard Operating Procedure is contradicted, contravened, or otherwise in conflict with a direct order of a superior officer of the requesting Agency, then such rule, Regulation, Policy, General Order or Procedure shall control and shall supersede the direct order.
8. Powers, Privileges, and Immunities Whenever, pursuant to the terms of this Agreement, a law enforcement officer or other
employee of a law enforcement Agency is performing services in a cooperating Agency's jw·isdiction, the officer or employee shall have the same powers, duties, rights, privileges and immunities as if performing those services in the jurisdiction in which the person is normally employed.
The privileges and immunities from liability, exemption from laws, ordinances and rules, and pension, insurance, relief, disabi lity, workers' compensation, salary, death and other benefits that apply to the activity of such officers and employees when performing their duties within their agency's jurisdiction shall apply to them to the same degree, manner, and extent while engaged in the performance of services extraterritorially under the provisions of this Agreement.
9. Legal Status of Personnel and Equipment Nothing in this Agreement shall be deemed to create an employment or agency
relationship between personnel performing services extraterritorially pursuant to this Agreement and the municipality or other jurisdiction in which those services are actually performed. Similarly, nothing in this Agreement shall be deemed to transfer any legal or equitable title to any equipment utilized pursuant to this Agreement.
10. Loss or Damage to Equipment An Agency providing voluntary cooperation or operational assistance under this
Agreement shall bear the cost of any loss or damage to the Agency's property, equipment, or resources as a result of the use of such property, equipment or resources in providing assistance under this Agreement.
11. Resource Costs An Agency providing voluntary cooperation or operational assistance pursuant to this
Agreement shall compensate its officers and employees during the time of the rendering of such assistance and shall defray the actual travel and maintenance expenses of such officers and employees while they are providing such assistance. The Agency furnishing assistance shall also pay any amounts due for compensation as a result of the personal injury or death of any officer or employee rendering assistance. This provision may be modified by other Agreements with the Pa11ies that provide for compensation to be paid by another Party. This waiver only affects the hourly compensation rate.
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12. Liability Each Subscriber to this Agreement shaU bear the Liability for the acts of its own officers
and employees. Except as expressly provided for herein nothing in this Agreement shall confer upon any person or entity any right to damages against any Party to this Agreement.
13. Indemnification Each Subscriber whose personnel perfo1m services extraten-itorially pursuant to this
Agreement agrees, to the extent permitted by law, to indemnify and hold all other Subscribers harmless of and from any and all claims, lawsuits, and/or causes of action (including taxable costs, reasonable attorney's fees and appeals) arising out of the acts, omissions~ or conduct of such personnel. However, nothing contained herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes, with respect to any Party hereto.
14. Insurance Each Subscriber to this Agreement shall provide and carry liability insurance> workers '
compensation jnsurance and other insurance necessary to assure that each Subscriber shall be protected and indemnified from any and all liabilities which may result from activities undertaken pursuant to this Agreement. ''insurance• may be procured either prjvately or pursuant to an approved self-insurance risk-fmancing program.
15. Effect Upon Statutory Powers This Agreement neither expands nor diminishes the powers granted to the Subscriber by
Florida Law, Common Law or Federal Law.
16. Effective Date This Agreement shall be effective as of February I, 2017, and shall continue in full force
and effect until terminated as provided herein.
17. Cancellation Any Subscriber to this Agreement may withdraw or cancel such Subscriber' s
participation, without liabi lity to any other Subscriber, by providing written notice of such withdrawal or cancellation to the other Subscriber not less than ten ( l 0) days prior thereto.
18. Severability Jn the event that any part or provision of this Agreement is held to be unenforceable for
any reason, the unenforceability thereof shaIJ not affect the remainder of this Agreement which shall remain in full force and effect.
19. Time Limit for Agreement This Agreement shall expire on January 3 l. 202 1.
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IN WITNESS HEREOF, the Subscribers hereto cause these present to be signed by their duly authorized officers on the first above mentioned date.
ENTERED INTO this lL_ day of (~ , 2017, by James Fansler, Chief of Police, Town of Lake Placid, Highlands County, Florida.
-~~'-"<...::.-"'"""'""-'-------' 2017, by John ·ghlands County, Florida.
ENTERED INTO this __ day of , 2017, by Phil Williams, Town Administrator, Town of Lake Placid, Highlands County, Florida.
TOWN ADMINISTRATOR PHIL WILLIAMS
Approved as to form and legal sufficiency this /J day of JJ.1/Ju ~ , 2017, by Bert J. Harris, III, Town Attorney for the Town of Lake Placid, Highlands County, Florida.
ACID
ENTE RED INTO this __ day of ___________ , 2017, by Paul Blackman, Sheriff of Highlands County, Florida.
HIGHLANDS COUNTY SHERIFF'S OFFICE
SHERIFF PAUL BLACKMAN
Paul Blackman in his official capacity 11~ Sheri tT 9f Hishlnncle County. Florida
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SWAINE. HARRIS & WOHL P.A.
BERT). HARRIS. Ill J. MICHAEL SWAINE ROBERTS. SWAINE THOMAS). WOHL )OCEL YN K. SKIPPER SHANNON L. NASH
You requested my opinion as to whether the Town may contract areas where crossing guards are required on Green Dragon Drive. Chapter 171, Florida Statutes, govern municipal annexation and contraction. The technical answer to your question is that the Town may de-annex the schools; but would need to annex other lands so that the schools would not create an enclave. Furthermore, there is a requirement for a special election for the affected property and an allocation of assets and debts applicable to the annexed area with the county.
You also asked whether the Town is responsible for furnishing crossing guards. After reviewing Chapter l 006.23, Florida Statutes and Advisory Legal Opinion AGO 85-72 (copy attached), I did not find a direct statutory requirement for the Town to provide crossing guards. However, as explained in the above Advisory Legal Opinion, the municipality has a duty to mitigate risks of hazardous walking environments for students; and the failure to do so places direct liability on the Town.
Lastly, you inquired as to whether the Council may dissolve the crossing guard program and budget. It is my opinion that the Town should not discontinue the crossing guard pro am. The Town may investigate additional methods to reduce or mitigate the risk to the childr
BJH:lw Enclosure
TCAgendaPackage081020 Page 193 of 205
712312020
Number: AGO 85-72 Date: September 9, 1985
Advisory Legal Opinion - Responsibility for furnishing crossing guards
Florida Attorney General Advisory Legal Opinion
Subject: Responsibility for furnishing crossing guards
Mr. John W. Burton Attorney for Hardee County School Board Post Office Drawer 1729 Wauchula, Florida 33873
RE: SCHOOL BOARDS--Responsibility for providing school crossing guards on streets within
Dear Mr. Burton:
This is in response to your request for an opinion on substantially the following question:
Which local governmental unit has the responsibility to furnish school crossing guards on streets located within a municipality?
Your question requires the analysis of the respective liabilities of the school district, the county and the municipality, and therefore the City of Wauchula and Hardee County have joined in this request for an opinion. According to information supplied to this office, the streets and intersections at which the school crossing guards are necessary are all located within the municipal boundaries of the City of Wauchula.
My research has failed to disclose, nor have you brought to my attention, a statute which directly addresses the issue of the financial responsibility for providing school crossing guards at intersections located within the boundaries of a municipality. However, a review of the pertinent statutes relating to school zones, traffic control, and hazardous walking conditions reveal a legislative scheme for the identification of dangerous crossing situations and a procedure for the notification and elimination of such dangers. See Wakulla County v. Davis, 395 So.2d 540 (Fla. 1981) (law should be construed together and in harmony with any other statute relating to same purpose even though statutes not enacted at same time); District School Board of Lake County v. Talmadge, 381 So.2d 698 (Fla. 1980); Mann v. Goodyear Tire & Rubber Co., 300 So.2d 666 (Fla. 1974); Florida Jai Alai, Inc. v. Lake Howell Water & Reclamation District, 274 So.2d 522 (Fla. 1973). And see Ferguson v. State, 377 So.2d 709 (Fla. 1979) (statutes which relate to same or closely related subject or object are related as in pari materia and should be construed together and compared together; courts will view entire statutory scheme to determine legislative intent) .
712312020 Advisory Legal Opinion - Responsibility for furnishing crossing guards
Section 234.021, F.S., sets forth the procedure for the identification and elimination of hazardous walking conditions for school children. Subsection (2) (a) thereof provides in pertinent part:
"When a request for review is made to the district superintendent of schools or his designee concerning a condition perceived to be hazardous to students in that district who live within the 2-mile limit and who walk to school, such condition shall be inspected by a representative of the school district and a representative of the local governmental entity where the perceived hazardous condition exists . . Upon a determination that a condition is hazardous to such students, the district school board shall request a determination from the state or local governmental entity having jurisdiction regarding whether the hazard will be corrected and, if so, regarding a projected completion date. State funds shall be allocated for the transportation of students subjected to such hazards, provided that such funding shall cease upon correction of the hazard or upon the projected completion date, whichever occurs first."
Paragraph (b) of s. 234.021(2) places a responsibility upon the district school boards and the local governmental entities to work cooperatively to identify conditions which are hazardous to students who must walk to school. The statute further provides, however, that it is "intended that state or iocai governmentai entities having jurisdiction correct such hazardous conditions within a reasonabie period 0£ time. " ( e. s . ) See s . 234.021(3), F.S., which specifies criteria for the determination of hazardous walking conditions, specifically paragraph (b) which provides that for walkways perpendicular to the road,
"It shall be considered a hazardous walking condition with respect to any road across which students must walk in order to walk to and from school:
1. If the traffic volume on such road exceeds the rate of 360 vehicles per hour, per direction (including all lanes), during the time students walk to and from school and if the crossing site is uncontrolled. For purposes of this subsection, an "uncontrolled crossing site" is defined as an intersection or other designated crossing site where no crossing guard, traffic enforcement officer, or stop sign or other traffic control signal is present during the times students walk to and from school.
2. If the total traffic volume on such road exceeds 4,000 vehicles per hour through an intersection or other crossing site controlled by a stop sign or other traffic control signal, unless crossing guards or other traffic enforcement officers are also present during the times students walk to and from school."
Thus where traffic is at or below a certain volume, the provision of a crossing guard or traffic enforcement officer is one means, along with a stop sign or other traffic control signal, by which the hazardous condition can be eliminated. However, where the traffic volume exceeds the specified rate, the hazardous walking condition may only be eliminated by providing crossing guards or other traffic enforcement officers.
Section 235.19(6), F.S., also concerns the identification and elimination of conditions which endanger or threaten the lives, health or safety of
712312020 Advisory Legal Opinion - Responsibility for furnishing crossing guards
students wa1king or being transported to and from schoo1, and provides:
"When a schoo.1 board discovers or is aware of an existing hazard on or near a public sidewalk, street, or highway directly adjacent to a school site and the hazard endangers the life or threatens the hea1th or safety of students who walk or are transported regularly between their homes and the schoo1 in which they are enro11ed, the schoo.1 board sha.1.1, within 24 hours after discovering or becoming aware of the hazard, excluding Saturdays, Sundays, and 1ega1 holidays, report such hazard to the governmenta.1 entity within the jurisdiction of which the hazard is .located. Within 5 days after receiving notification by the school board, excluding Saturdays, Sundays, and legal holidays, the governmenta.1 entity sha.1.1 investigate the hazardous condition and either correct it or provide such precautions as are practicab.le to safeguard students unti.1 the hazard can be peI7llanent.ly corrected. However, if the governmental. entity which has jurisdiction determines upon investigation that it is impracticable to correct the hazard, or if the entity determines that the reported condition does not endanger the l.ife or threaten the heal.th or safety of students, the entity shal.1, within 5 days after notification by the schoo1 board, excluding Saturdays, Sundays, and legal holidays, inform the board in writing of its reasons for not correcting the condition. After the 5-day period has e.lapsed, the governmenta.1 entity sha.1.1 indemnify the schoo.1 board from any .liabi.lity with respect to injuries, if any, arising out of the hazardous condition." (e. s.)
This provision p1aces an affirmative duty upon the governmental. entity within whose jurisdiction the hazard is located to correct the hazard and imposes, if such governmental entity fails to correct the hazard within the five day period, a legal. responsibi1ity on such governmental. entity to indemnify the school. board from any l.iabil.ity with respect to injuries that arise out of the hazardous conditions. Based upon the foregoing statutory provisions, considered in pari materia, it appears that the statutes contemplate that within the municipa1 boundaries, the municipality is the 1ocal. governmenta1 entity responsible for furnishing school. crossing guards where necessary to eliminate hazardous wa1king conditions while the county has such responsibility for crossings 1ocated in the unincorporated areas of the county. The statutes, however, impose an affirmative duty upon al.l. affected local. governmental entities to work cooperatively with the district school. boards to identify and e1iminate hazardous wa1king conditions for school children.
Failure to correct such condition or to take certain precautions until. the hazardous condition can be corrected may subject the municipality or county to liability.
Reinforcing this l.egis1ative scheme are provisions of s. 316.1895, F.S., providing for the estab1ishment, maintenance and enforcement of schoo1 speed zones. Subsection (2) (b) states: "The county shall. have the responsibi1ity to maintain a school zone located outside of any municipality and on a county road." Subsection (2) (c) states: "A municipality shal.1 have the responsibility to maintain a school zone 1ocated in a municipality." Subsection (2) (d) states: "For the purposes of this section, the term 'maintained' with respect to any school. zone means the care and maintenance of a1l. school. zone signs, markers, traffic
712312020 Advisory Legal Opinion - Responsibility for furnishing crossing guards
control devices, and pedestrian control devices." While these provisions do not expressly provide for the furnishing of school crossing guards by the municipality or the county, they are consistent with the other requirements of law and establish which units of local government are responsible for the maintenance of school speed zones and ultimately the safety of school children.
The 1985 Legislature provided a new method for the funding of school crossing guard programs for counties and municipalities and thereby reinforced the conclusion that such local governments have the financial responsibility for the provisions of such safety personnel. See Ch. 85-255, Laws of Florida, effective October 1, 1985, amending ss. 34.191 and 316.660, F.S., ands. 318.18, F.S. (1984 Supp.), to provide a funding mechanism for school crossing guard programs. Subsection (7) was added to s. 318.18, F.S. (1984 Supp.), to provide:
"In addition to any civil penalties imposed by this section, the clerk of the court is authorized, upon approval of the board of county commissioners of said county, to assess an additional penalty of up to $4 per violation for the purpose of funding a county or municipa1 schoo1 crossing guard program." (e. s.)
Section 2, Ch. 85-255, Laws of Florida. And see s. 1, Ch. 85-255, which adds subsection (5) to s. 34.191, F.S., to provide: "The additional penalties collected pursuant to s. 318.18(7) shall be paid monthly, in accordance with s. 318.21, to the local governmental entity administering a school crossing guard program." See a1so s. 3, Ch. 85-255, amending s. 316.660. These provisions provide a means whereby municipalities and counties can fund their school crossing guard programs.
In light of the above and in conclusion, it is therefore my opinion, until and unless judicially or legislatively determined otherwise, that where hazardous walking conditions exist for school children, the district school board and the local governmental entity having jurisdiction over the crossing have a responsibility to work cooperatively to eliminate the hazardous condition and the provision of school crossing guards is one means by which such hazardous conditions can be eliminated. Where the crossing is located within the city boundaries, as in the instant inquiry, I am of the opinion that the municipality is responsible for furnishing such school crossing guards, while the county has such responsibility where the crossing is located in the unincorporated areas of the county.
You pose the question: "Is the Town required by law to assist the Sheriff in putting School Resources at schools in the Town. May the Sheriff choose to withdraw officers and leave the chore to the Town."
I reviewed the above Florida Law and Florida Statute. I did not see a requirement that the Town fund or participate in funding the Safe School Act.
I also reviewed Chapter 30, Florida Statutes, regarding County Sheriffs duties and authorities. Section 30.15( 1 )(k), Florida Statutes, provides in relevant part:
(1) Sheriffs, in their respective counties, in person or by deputy, shall:
(k) Assist district school boards and charter school governing boards in complying withs. 1006.12.
It therefore appears that it is the Sheriffs duty to provide the services set out in Section 1006.12, Florida Statutes. If request is made by the Sheriff or School Board, I would respectfully suggest that
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21 p ,\ ~ ~'
we respond to them by asking them to provide us with the statutory authority addressing the Town's duty to contribute to the cost. The request and their response should then be presented to the Council for consideration.
BJH:lw
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SWAINE, HARRIS & WOHL P.A.
BERT J. HARRIS. Ill J. MICHAEL SWAINE ROBERT S. SWAINE THOMAS J. WOHL JOCELYN K. SKIPPER SHANNON L. NASH
You ask the following question: "Town Council approved the attached Mutual Aid Agreement per the minutes below. Mutual aid responses of the police has evolved in the last budget workshop to a concern by two Council members that there are an excessive number of mutual aid calls for Town of Lake Placid Police outside of the Town and that the data concerning same was not delivered when requested of staff.
QI- For the August 10th meeting: May Town Council choose to dissolve the existing Mutual Aid Agreement that Council approved on 03/13/17, and prefer a police department which makes no responses to calls for assistance from other agencies outside of the Town, based on the attached data? I personally find no law or attorney general opinions requiring any law enforcement agency to engage in mutual aid with one another.
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21 :,: i L •·
I reviewed the Interlocal Agreement you provided. The answer to your question is yes. That answer is found in paragraph 17, which provides that either party may cancel or withdraw from the Agreement with ten (10) days written notice.
BJH:lw Enclosures
TCAgendaPackage081020 Page 201 of 205
TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council AGENDA ITEM # AND TITLE: 6.D.1. (Part 3) Purchase of a Refuse Claw Truck PLACED ON AGENDA BY: Town Administrator / Public Works Director
STATEMENT OF ISSUE: Purchase Brush Truck for Sanitation Department Current proposed budget has $235k for the purchase of one garbage truck. Amending the previous proposed budget, The Sanitation Department is requesting the consideration to add a claw truck to the proposed budget for the 2020-2021 fiscal year.
Sourcewell trucks are on site within 90 days. With FSA the truck would have to be built from scratch and could take until next May to receive. The difference is around $1,100 depending on which contract is used (Town Council decision).
FISCAL IMPACT: Between $139,425 and $141,327. Funding would be a loan from the infrastructure Account and repaid within 3 to 5 years.
ATTACHED ITEMS:
*See attachment with quotes for the same Claw truck - different contracts. FSA State contract & the other is on the Sourcewell National contract.
Lake Placid, Town Of (FL)END USER: No Chassis Before:
60-90 Days After CHAS ReceiptDelivery Date:
11.02BEA
BODY COLOR: BLACK
1.00 1.00 0.00
1.00 CHASSIS-OTHEREA 2.00 71,704.64 73,168.00
CHASSIS, FOR NEW LOADER
2021 Freightliner M2 106
Cummins B6.7 250 HP 660 LB/FT Torque
Allison 3500 RDS 6-Speed Automatic
Single rear axle, 33,000 GVWR
141,007.31Danny Lamarre / 863-464-1279
320.00_____________________
Signature
______________________
Date
SubTotal
Delivery
Tax
Total Quote 141,327.31
0.00
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TCAgendaPackage081020 Page 204 of 205
TOWN OF LAKE PLACID AGENDA ITEM INTRODUCTION
MEETING DATE: August 10, 2020 MEETING TYPE: Town Council
AGENDA ITEM # AND TITLE: 6.D.1. (Part 4) Police Department Firearms
PLACED ON AGENDA BY: Town Administrator / Police Chief
STATEMENT OF ISSUE: Purchase of Rifles for Lake Placid Police Department
Current proposed budget has no line item for riffles (only discussion). Amending the previous proposed budget, the Police Department is requesting the consideration to add rifles to the proposed budget for the 2020-2021 fiscal year.
Adding $6,400 to acquire rifles. Capital line item
Items: 8- Diamondback DB15 5.56 Rifles $800 each = $6,400