agenda - tuesday, december 13, 2016

Hernando County

Board of County Commissioners 20 N. Main St., Room 263, Brooksville, FL 34601

Regular Meeting

~ Agenda~

Tuesday, September 19, 2017 (Rescheduled from Tuesday, September 12, 2017)

Board of County Commissioners Page 1 Printed 9/13/2017

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH DISABILITIES NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT TINA DUENNINGER, HERNANDO COUNTY ADMINISTRATION, 20 NORTH MAIN STREET, ROOM 263, BROOKSVILLE, FLORIDA 34601, (352) 540-6452. IF HEARING IMPAIRED, PLEASE CALL 1-800-676-3777. If a person decides to appeal any quasi-judicial decision made by the Hernando County Board of County Commissioners with respect to any matter considered at such hearing or meeting, he or she will need a record of the proceeding, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. PLEASE NOTE THAT ONLY PUBLIC HEARING ITEMS WILL BE HEARD AT THEIR SCHEDULED TIME. ALL OTHER ITEM TIMES NOTED ON THE AGENDA ARE ESTIMATED AND MAY BE HEARD EARLIER OR LATER THAN SCHEDULED. UPCOMING MEETINGS: The Board of County Commissioners is scheduled to hold the first of two public hearings on the proposed budget and millage rates on Tuesday, September 19, 2017, beginning at 6:00 P.M., in the John Law Ayers County Commission Chambers, Room 160. This public hearing was rescheduled from Tuesday, September 12, 2017, beginning at 5:01 p.m., pursuant to the provisions of State of Florida Executive Order 17-235 (RE: Hurricane Irma). The Board of County Commissioners' next regular meeting is scheduled for Tuesday, September 26, 2017, beginning at 9:00 A.M., in the John Law Ayers County Commission Chambers, Room 160. The second (final) public hearing to adopt the final budget and millage rates is scheduled to be held on Tuesday, September 26, 2017, beginning at 5:01 P.M., in the John Law Ayers County Commission Chambers, Room 160.

9:00 AM A. CALL TO ORDER 1. Invocation 2. Pledge of Allegiance

Regular Meeting Agenda September 19, 2017


B. APPROVAL OF AGENDA (Limited to Board and Staff)

9:05 AM C. EMERGENCY MANAGEMENT DIRECTOR CECILIA PATELLA Report Regarding Actions Taken During Hurricane Irma

9:30 AM D. HERNANDO COUNTY SCHOOL DISTRICT SUPERINTENDENT DR. LORI ROMANO Update by Superintendent of Schools Dr. Lori Romano Regarding

Hernando County School District

9:45 AM E. HERNANDO COUNTY PROFESSIONAL FIREFIGHTERS UNION LOCAL 3760 PRESIDENT SEAN MOULTON Presentation of Checks to Dawn Center of Hernando County and K9

Partners for Patriots by Hernando County Professional Firefighters Union, Local 3760

F. PRESENTATION OF RESOLUTIONS 1. Resolution Proclaiming September 17, 2017, Through September 23,

2017, as Constitution Week 2. Resolution Proclaiming September 2017, as National Preparedness

Month

G. CONSENT AGENDA 1. Addendum to Memorandum of Understanding With Premier Community

Healthcare Group, Inc., for Behavioral Health and Project Access Services 2. Agreement With Sheriff's Office and Lake in the Woods Owners

Association, Inc., for Purpose of Enforcing Traffic Laws on Private Roads 3. Annual Reports for State Housing Incentives Partnership Program 4. Approval of Annual Gas Tax Distribution 5. Authorize Advertising - Hammock Ridge Brownfield 6. Authorize Advertising - Repeal of Medical Marijuana Ordinance 7. Final Close-Out of Contract With Daniel Construction PO 17000891 for

Emergency Shoal Line Boulevard Culvert Repair (Final Payment Amount: $44,967.38)

8. FY 2018 Project Grant Agreement With Withlacoochee Regional Water Supply Authority for Local Government Water Conservation Funding Assistance Program

9. Interim Disposal Special Assessment Liens Filed Against Property Owned by Juan Aquino; and Dongmei Liu

10. Notice for Public Review of a Proposal to Support Activity in the 100 Year Floodplain and Wetland for Florida Small Cities Community Development Block Grant Request for Comments

11. Population Estimates 2017 12. Real Estate Lease With Housing Authority for Health and Human Services

and Veteran's Services Premises



13. Satisfaction of Code Enforcement Public Nuisance Abatement Special Assessment Lien for Leonard A. Burgess, Sr., and Donna L. Burgess

14. Satisfaction of Mosquito Control Nuisance and Pestiferous Arthropod Special Assessment Lien Filed Against Property Owned by Nationscredit Financial Service Corp.

15. Satisfaction of Second Mortgage for Kellie Blossom Through Neighborhood Stabilization Program

16. State Financial Assistance Recipient Agreement With Department of Agriculture and Consumer Services

17. Transmittal of List of Accounts Payable Disbursements for Weeks Ended August 18, 2017, August 25, 2017, and September 1, 2017

18. Updated Specification for Wastewater Structure Coating 19. Approval of Minutes for Regular Meeting May 23, 2017

H. CORRESPONDENCE TO NOTE 1. International Coastal Cleanup at Linda Pedersen Park Scheduled on

September 16, 2017 2. Letter From State Division of Historical Resources Regarding Formal

Nomination of Richloam General Store in National Register of Historic Places

3. Notification From Clerk of Circuit Court and Comptroller of Standard and Poor's Downgrade of Bonds Insured by National Public Finance Guarantee, Corp., a/k/a National

4. Notification of Tax Deed Sales Auctions Scheduled on October 4, 2017, for County-Held Properties

5. Receipt of Thank You Letter From Hernando County School District for Completion of Water Main Improvements on Roper Road by Utilities Department

6. Transmittal From Clerk of Circuit Court and Comptroller Audit Services Department of Animal Services Operations Follow-Up Audit Report

7. Transmittal From Clerk of Circuit Court and Comptroller Audit Services Department of Board IT Disaster Recovery Plan Follow-Up Audit

8. Transmittal of Media Release Announcing Public Library System Holiday and Closed Dates for Remainder of 2017

10:00 AM I. PUBLIC HEARINGS * Entry of Proof of Publication into the Record * Poll Commissioners for Ex Parte Communications * Administer Oath to All Persons Intending to Speak * Adoption of Agenda Backup Materials into Evidence

STANDARD

ASSISTANT COUNTY ADMINISTRATOR RON PIANTA 1. Rezoning Petition Submitted by Marina Rose Enterprises, LLC (H1711) 2. Master Plan Revision Petition Submitted by Hunters Lake LLC (H1712) 3. Rezoning Petition Submitted by Robert Alexson (H1713)



LEGISLATIVE

COUNTY ATTORNEY GARTH COLLER 4. Ordinance Creating Regulation for Annual Registration of Lobbyists

10:45 AM J. CITIZENS' COMMENTS (Yellow sheets are not required for speakers)

K. BOARD/STAFF RESPONSES

11:15 AM L. ZONING/SUBDIVISION REVIEW TECHNICIAN REBECCA GARRETT Petition Submitted by Debra Pedone for Hardship Relief From Subdivision

Regulations

11:30 AM M. BUDGET MANAGER PAMELA LEE Update Regarding FY 2018 Tentative Budget and Millage Rate Reduction

12:00 PM N. UTILITIES DIRECTOR GORDON ONDERDONK Cooperative Funding Agreement With Southwest Florida Management

District for US 19 Reclaimed Water Transmission Project (N696) and Second Amendment to Reclaimed Water Agreement With Timber Pines Community Association, Inc.

12:15 PM O. HUMAN RESOURCES/RISK DIRECTOR CRISTI CHARLOW Discussion Regarding Cyber Liability Coverage and Provision of

Technology Services to City of Brooksville

12:30 PM P. AIRPORT OPERATIONS MANAGER KEVIN DAUGHERTY 1. Consent to Assignment of Ground Lease From Angela Land, LLC, to EBH

Acquisitions, LLC, for Tract B, Airport Rail Park 2. Corporate Hangar Lease Agreement With Hernando Jet Center

12:45 PM Q. PURCHASING AND CONTRACTS MANAGER JAMES WUNDERLE 1. Approval to Utilize Lake County Florida Contract No. 17-0606 With

Various Vendors for Fire Equipment Parts, Supplies, and Services (Estimated Not to Exceed $250,000.00 County-wide)

2. Approval to Utilize The School District of Osceola County, Florida Contract With Top Line Recreation, Inc., for Purchase of Playground Equipment (Cost: $149,905.43)

3. Award of Sole Source Purchase From Econolite Control Products, Inc., for AENCREH-Encore MVP Sensors/Cameras and Accessories for Department of Public Works (Cost: $93,200.00)

4. Award of Sole Source Purchase From Municipal Equipment Company, LLC, for FireAde 2000 Firefighting Foam (Not to Exceed $80,000.00)

5. Award of Sole Source Purchase to Arrow International, Inc., for EZ-IO Needles and Drills for Hernando County Fire Rescue (Cost: $39,720.21)



6. Final Close-Out of Contract No. 17-Q00070 With Lyric Services, Inc., for Department of Public Works Parking Lot Improvements, Phase I Project (Final Payment Amount: $36,064.75)

7. Ratification of Change Order No. 1 to Purchase Order 17000333 to Arrow International, Inc. (Increase of $9,720.21; Total Cost of $39,720.21)

8. Ratification of Change Order No. 3 to Purchase Order 17000084 to Ten 8 Fire Equipment, Inc. (Increase of $33,101.07; Total Cost of $140,601.07)

9. Second Amendment of Agreement Contract No. 10-0055 With Dr. Michael A. Loguidice, Sr., D.O., for Emergency Medical Director Services for Hernando County Fire Rescue District

10. Utilization of Contract With City of Eustis, Florida No. 005-17 for Financial Investment Manager Services to FiduciaryFirst, LLC (Estimated Yearly Cost: $35,000.00)

11. Utilization of Florida Sheriffs Association Cooperative Purchasing Program Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

12. Utilization of National Association of State Procurement Officials Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

13. Utilization of National IPA Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

14. Utilization of National Joint Powers Alliance Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

15. Utilization of State of Florida Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

16. Utilization of U.S. Communities Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

17. Utilization of U.S. General Services Administration Contracts and Agreements With Various Vendors for Purchase of Services and Supplies by County Departments

1:15 PM R. BOARD OF COUNTY COMMISSIONERS 1. Commissioner John Allocco 2. Commissioner Steve Champion 3. Commissioner Jeff Holcomb 4. Commissioner Nick Nicholson 5. Chairman Wayne Dukes 6. County Administrator Leonard Sossamon 7. County Attorney Garth Coller

S. ADJOURNMENT

Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Administration Prepared By: Tina Duenninger

AGENDA ITEM Initiator: Leonard Sossamon DOC ID: 13619 Legal Request Number: Bid/Contract Number:

Updated: 9/13/2017 1:53 PM by Tina Duenninger Page 1

TITLE

Report Regarding Actions Taken During Hurricane Irma

BRIEF OVERVIEW

Pursuant to Section 21-206, Emergency Management Director Cecilia Patella will provide the Board with a report regarding the actions taken during Hurricane Irma. Governor Scott declared a State of Emergency in every county in the State of Florida due to the severity and magnitude of the hurricane on September 4, 2017. A State of Local Emergency was declared for a period of seven (7) days for Hernando County, effective September 5, 2017, and extended for an additional seven (7) days on September 12, 2017. A copy of the Governor's Executive Order and Declaration of State of Local Emergency is attached for the Board's information.

FINANCIAL IMPACT

REVIEW PROCESS

Jenine Wimer Completed 09/07/2017 8:24 AM Leonard Sossamon Completed 09/07/2017 10:45 AM Tina Duenninger Completed 09/07/2017 1:23 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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PROCLAMATION NO. 2017-02 Declaration of State of Local Emergency

WHEREAS, HURRICANE IRMA hit Hernando County September 10, 2017, and there currently exists danger to safety, health, and well-being to the citizens of Hernando County; and

WHEREAS, it is incumbent upon Hernando County, Florida, a political subdivision of the State of Florida, to take every measure to ensure the safety and well-being of its citizens and their property located in Hernando County; and,

WHEREAS, Hernando County has enacted an Emergency Plan pursuant to Florida Statutes; and in support of such plan, it is necessary that the departments, agencies, and services of Hernando County make continuous effective responses by continuing their emergency responsibilities for management of several conditions of possible disaster and to promote rapid recovery from the effects thereof; and,

WHEREAS, it appears Hurricane IRMA delivered heavy rains and winds which resulted in flooding including the Withlacoochee River areas, but not limited to said area, severe wind damage, high storm surge and spawned possible tornado activity; and,

WHEREAS, pursuant to the powers vested in me by Chapter 252, Florida Statutes and Executive Order Number 17-235 by the Governor of the State of Florida, and the Hernando County Code, Article XII, 21-20 I through 21-21 O; and

WHEREAS, the Governor of the State of Florida has declared a state of emergency.

NOW, THEREFORE, I, LEONARD B. SOSSAMON, County Administrator for Hernando County, Florida, proclaim and declare as follows:

SECTION 1. A state of local emergency is hereby declared extended immediately, today, September 12, 2017 at midnight due to Hurricane IRMA's heavy rains and winds which resulted in flooding, severe wind damage ands possible tornado activity.

SECTION 2. This State of Local Emergency is extended for a period of seven (7) days from the date of this proclamation, and may be altered or rescinded during the continued or threatened existence of the local emergency by the issuance of subsequent directives or orders by myself or my designee.

SECTION 3. During this State of Local Emergency, Hernando County may impose any and all emergency powers and restrictions enumerated herein and in its Emergency Plan

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which emergency powers and restnct10ns are incorporated, but not limited to, herein by reference and made a part hereof, to wit:

a) Prohibit or regulate the purchase, sale, transfer, or possession of explosives, combustibles, or alcoholic beverages;

b) Prohibit or regulate any demonstration, parade, march , vigil or participation therein from taking place on any public right-of-way or upon any public property;

c) Prohibit or regulate any sale or use of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances, but may allow the delivery of such into a tank properly affixed to an operable motor vehicle, bike, scooter, boat, or airplane and necessary forthe propulsion thereof;

d) Prohibit or regulate the possession of any portable container containing gasoline or other flammable or combustible liquid;

e) Prohibit or regulate the participation in or carrying on of any business, activity, and the keeping open of places of business, places of entertainment, and any other place of public assembly when such activities may negatively impact public health, safety, and welfare.

f) Prohibit or regulate travel upon any public street or highway or upon any other public property. Persons in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families may be exempted from such prohibition orregulation;

g) A curfew upon all or any portion of the county prohibiting persons from being on public streets, highways, parks or other public places during the hours the curfew is in effect;

h) Prohibit state and/or local business licensees, vendors, merchants, and any other person operating a retail business from charging more than the normal average retail price for any goods, materials, or services sold during a declared state of local emergency. The "average retail price," as used herein, is defined as that price at which similar goods, materials, or services were being sold during the ninety (90) days immediately preceding the declared state of local emergency. If the wholesale price or the cost of obtaining the goods, materials, or services has increased as a direct result of the local emergency, the average retail price may be increased , but only to the degree that the maximum increase in retail price shall be less than or equal to the amount representative of the average mark-up between the wholesale and average retail price for any goods, materials, or services during the ninety-day period immediately preceding the declared state of local emergency.

i) Prohibit any person, firm , or corporation from using the fresh water supplied by public water systems for any purpose other than cooking, drinking or bathing.

SECTION 4. By appropriate proclamation, decree, directive, or other lawful order, the County acting through its officers, employees, agents and through the Sheriffs Department of

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Hernando County, may take any other necessary actions required to cope with the conditions related hereunder, stated herein but not limited to, to-wit:

a) Allow additional flexibility in moving forward with debris removal and other emergency protective measures such as water notices and warn and react to potential for significant flooding.

b) Respond to significant power outages countywide.

c) Continue to leave shelters open as needed.

d) Assist other Counties as needed.

e) Address the critical lack of fire suppression flows and the current potable water problems.

SECTION 5. All departments and agencies of Hernando County shall perform emergency functions as designated in the promulgated Emergency Plan, and shall make available other resources of such departments and agencies as necessary to effectuate this Proclamation.

SECTION 6. This Proclamation may be extended by separate action of the Chairperson, or other authorized person, upon continuing emergency conditions.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused this Proclamation to become effective September 12, 2017 and through September 19, 2017, at 11 :59 p.m., in Brooksville, Hernando County, Florida.

BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY,FLORIDA

~~ra~~ . NARD B. SOSSAMON

COUNTY ADMINISTRATOR

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Administration Prepared By: Donna Holdrege



TITLE

Update by Superintendent of Schools Dr. Lori Romano Regarding Hernando County School District

BRIEF OVERVIEW

Lori M. Romano, Ph.D., Superintendent of Schools, will provide the Board with an update on the Hernando County School District.

FINANCIAL IMPACT

REVIEW PROCESS

Sue Bishop Completed 06/30/2017 12:57 PM Jenine Wimer Completed 07/03/2017 3:48 PM Leonard Sossamon Completed 07/05/2017 8:46 AM Tina Duenninger Completed 09/06/2017 6:21 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Administration Prepared By: Tina Duenninger

AGENDA ITEM Initiator: Leonard Sossamon DOC ID: 13609 Legal Request Number: 1 Bid/Contract Number:


TITLE

Presentation of Checks to Dawn Center of Hernando County and K9 Partners for Patriots by Hernando County Professional Firefighters Union, Local 3760

BRIEF OVERVIEW

Mr. Sean Moulton, Union President of the Hernando County Professional Firefighters Local 3760, will be presenting a check to the Dawn Center of Hernando County on behalf of Commissioner Nick Nicholson. Mr. Moulton will also be presenting a check to K9 Partners for Patriots on behalf of Commissioner Jeff Holcomb.

FINANCIAL IMPACT

REVIEW PROCESS

Jenine Wimer Completed 09/01/2017 3:21 PM Leonard Sossamon Completed 09/05/2017 4:02 PM Tina Duenninger Completed 09/06/2017 7:55 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Administration Prepared By: Donna Holdrege


Updated: 8/31/2017 2:10 PM by Donna Holdrege Page 1

TITLE

Resolution Proclaiming September 17, 2017, Through September 23, 2017, as Constitution Week

BRIEF OVERVIEW

Received a request from the Winding Waters Spring Hill Chapter of The Daughters of the American Revolution for a resolution proclaiming the week of September 17-23, 2017, as Constitution Week in Hernando County. The attached resolution recognizes the 230th anniversary of the drafting of the Constitution of the United States of America, and encourages citizens to participate in meaningful ceremonies and programs that celebrate our Constitution and reaffirm our rights and obligations as citizens of our great nation.

FINANCIAL IMPACT

LEGAL NOTE

The Board has the authority to take action on this matter pursuant to Chapter 125, Florida Statutes.

RECOMMENDATION

Staff recommends the Board adopt the attached resolution proclaiming September 17-23, 2017, as Constitution Week in Hernando County.

REVIEW PROCESS

Sue Bishop Completed 08/31/2017 5:13 PM Jenine Wimer Completed 09/01/2017 2:14 PM Leonard Sossamon Completed 09/05/2017 4:01 PM Tina Duenninger Completed 09/06/2017 3:04 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, FLORIDA

RESOLUTION 2017

WHEREAS, September 17, 2017, marks the 230th anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, the Constitution is perhaps our Nations most cherished document, the compass that has helped us chart Americas course toward freedom, human dignity, and democracy; and WHEREAS, at every turning point in our history, the letter and spirit of the Constitution have enabled us to reaffirm our union and expand the meaning of liberty; and WHEREAS, the right to participate in self-government, and the many other freedoms guaranteed by our Constitution, inspire the dreams and ambitions of many inside and outside our borders; and WHEREAS, during CONSTITUTION WEEK, let us remember that with the many gifts bestowed on us by the Constitution comes the responsibility to be informed and engaged citizens, to take an active role in the civic life of our communities and our country, and to uphold the ideals of unity and liberty that have sustained us since our earliest days as a nation. NOW, THEREFORE, BE IT RESOLVED BY THE HERNANDO COUNTY BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: SECTION 1. The Board of County Commissioners hereby proclaims the week of September 17-23, 2017, as CONSTITUTION WEEK in Hernando County, and joins its citizens as they give thanks for the blessings of liberty that this document helps to secure. SECTION 2. The Board of County Commissioners encourage the citizens of Hernando County to participate in meaningful ceremonies and programs that celebrate our Constitution and reaffirm our rights and obligations as citizens of our great nation. ADOPTED in Regular Session this 19th day of September, 2017, A.D.


Attest: _________________________ _____________________________ Donald C. Barbee, Jr. Wayne Dukes Clerk of Circuit Court & Comptroller Chairman ________________________ _____________________________ Jeff Holcomb Steve Champion Commissioner Vice Chairman ________________________ _____________________________ Nicholas W. Nicholson John Allocco Commissioner Second Vice Chairman

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Emergency Management Prepared By: Nancy Jones

AGENDA ITEM Initiator: Cecilia Patella DOC ID: 13526 A Legal Request Number: Bid/Contract Number:

Updated: 9/6/2017 5:28 PM by Tina Duenninger A Page 1

TITLE

Resolution Proclaiming September 2017, as National Preparedness Month

BRIEF OVERVIEW

Hernando County Emergency Management requests the Board assist with increasing public awareness of the hazardous weather conditions in Florida by proclaiming the month of September 2017, as National Preparedness Month in Hernando County. This will be in conjunction with the Florida Division of Emergency Management statewide designation of National Preparedness Month.

FINANCIAL IMPACT

LEGAL NOTE

The Board has the authority to take action on this matter pursuant to Chapter 125, Florida Statutes.

RECOMMENDATION

Staff recommends the Board adopt the attached resolution proclaiming September 2017, as National Preparedness Month in Hernando County.

REVIEW PROCESS

Cecilia Patella Skipped 09/05/2017 2:37 PM Michelle Bishop Skipped 09/05/2017 2:37 PM Pam Lee Skipped 09/05/2017 2:37 PM Sue Bishop Completed 08/29/2017 12:47 PM Jenine Wimer Completed 09/05/2017 3:14 PM Leonard Sossamon Completed 09/05/2017 4:36 PM Tina Duenninger Completed 09/06/2017 2:44 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

RESOLUTION 2017 WHEREAS, the month of September is annually recognized as NATIONAL PREPAREDNESS MONTH by the Federal Emergency Management Agency and the Ad Council as part of the national Ready Campaign; and WHEREAS, the goal of NATIONAL PREPAREDNESS MONTH is to increase the overall number of individuals, families, and communities to engage in preparedness actions at home, work, business, school, and place of worship; and WHEREAS, Hernando County is vulnerable to a wide range of hazards including lightning, hurricanes, flooding, tornadoes, thunderstorms, marine hazards, temperature extremes and wildfires; and

WHEREAS, keeping the public informed and helping them make the right decision before, during, and after a disaster is a primary focus of Hernando County Government. NOW, THEREFORE, BE IT RESOLVED BY THE HERNANDO COUNTY BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: SECTION 1. The Board of County Commissioners hereby proclaims September 2017, as NATIONAL PREPAREDNESS MONTH in Hernando County. SECTION 2. The Board of County Commissioners is committed to helping the public understand hazardous weather conditions and the importance of being prepared. SECTION 3. The Board of County Commissioners support the Florida Division of Emergency Management, American Red Cross, Hernando County Emergency Management, and Hernando County Government Broadcasting in their public education efforts throughout this month. ADOPTED in Regular Session this 19th day of September, 2017, A.D.


Attest: _________________________ _____________________________ Donald C. Barbee, Jr. Wayne Dukes Clerk of Circuit Court & Comptroller Chairman ________________________ _____________________________ Jeff Holcomb Steve Champion Commissioner Vice Chairman ________________________ _____________________________ Nicholas W. Nicholson John Allocco Commissioner Second Vice Chairman

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Health & Human Services Prepared By: Veda Ramirez

AGENDA ITEM Initiator: Veda Ramirez DOC ID: 13589 Legal Request Number: 2017-396-03 Bid/Contract Number:


TITLE

Addendum to Memorandum of Understanding With Premier Community Healthcare Group, Inc., for Behavioral Health and Project Access Services

BRIEF OVERVIEW

The County entered into a Memorandum of Understanding effective October 16, 2016, to extend to Premier Community Healthcare Group, Inc., the same terms of an agreement that was in place with Hernando County Health Department in regards to behavioral health and Project Access services, pending grant award from the Department of Health and Human Services to expand primary health care services in Hernando County, FL. That agreement did not include the funding amount or reporting terms. The addendum was drafted to address the funding amount and reporting terms of the agreement. Premier Community Healthcare Group, Inc., was awarded the grant award and began services in Hernando County, FL May 1, 2017. The remaining funds for Project Access services and Behavioral Health services for uninsured Hernando County Residents for the remaining FY 2017 of year total $31,250 for Project Access Services and $31,250 for mental health services. Staff recommends the Board's approval and authorizes the Chairman's signature on the addendum.

FINANCIAL IMPACT

Funding owed to Premier will come from the remaining funds in accounts previously budgeted for the Health Department, 03401-5303401 in the amount of $31,250.00 and 03531-5808204 in the amount of $31,250 for FY2017.

LEGAL NOTE

The Board has authority to take this action pursuant to Chapter 125, F.S.

RECOMMENDATION

Staff recommends the Board approve and authorize the Chairman's signature on the attached Addendum to Memorandum of Understanding with Premier Community Healthcare Group.

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Agenda Item (ID # 13589) Meeting of September 19, 2017


REVIEW PROCESS

Veda Ramirez Completed 09/01/2017 4:55 PM Ronald Pianta Completed 09/06/2017 12:31 PM Michelle Bishop Completed 09/01/2017 3:35 PM Pam Lee Completed 09/05/2017 9:48 AM Sue Bishop Completed 09/01/2017 1:12 PM Randall Griffiths Completed 09/05/2017 10:12 AM Jenine Wimer Completed 09/06/2017 1:19 PM Leonard Sossamon Completed 09/06/2017 2:40 PM Tina Duenninger Completed 09/07/2017 4:02 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: County Attorney Prepared By: Sue Bishop

AGENDA ITEM Initiator: Garth Coller DOC ID: 13539 A Legal Request Number: 2017-446 Bid/Contract Number:


TITLE

Agreement With Sheriff's Office and Lake in the Woods Owners Association, Inc., for Purpose of Enforcing Traffic Laws on Private Roads

BRIEF OVERVIEW

The Lake in the Woods Owners Association, Inc., has contacted the County Attorney and the Sheriff Office and requested that the Sheriff's deputies be allowed to enter into Lake in the Woods for the purpose of enforcing traffic laws. Florida Statutes allow the Counties to enter into agreements with the parties wherein private roads may be added to the jurisdiction of the County for enforcement purposes. This is not at a cost to the County in that the deputies enforcing the traffic laws will be part of the Sheriff's off duty detail services and paid by Lake in the Woods. Further, the County does not assume the maintenance or repair of any of the private roads. Lake in the Woods has mailed ballots to all the owners within their development, polling the residents approval of the Sheriff enforcement within their community. The results of those ballots are attached.

FINANCIAL IMPACT

There is no budget impact to the County associated with the Lake in the Woods Agreement.

LEGAL NOTE

The Board is authorized to act upon this matter pursuant to Section 316.006 (3) (b) and Chapter 125, Florida Statutes.

RECOMMENDATION

It is recommended that the Board consider the terms and conditions of the Agreement between the County, the Sheriff, and Lake in the Woods Owners Association, Inc., ("Lake in the Woods"), and if it finds that it would be in the best interest of the County, authorize the Chairman to execute the Agreement.

REVIEW PROCESS

Sue Bishop Completed 08/30/2017 1:33 PM

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Garth Coller Completed 08/30/2017 1:35 PM Fred LaPiana Completed 08/30/2017 3:33 PM Elaine Singer Completed 08/30/2017 4:34 PM Gordon Onderdonk Completed 08/30/2017 5:15 PM Mike Maurer Completed 08/31/2017 9:19 AM Michelle Bishop Completed 08/30/2017 4:46 PM Pam Lee Completed 09/05/2017 9:35 AM Jenine Wimer Completed 09/05/2017 12:44 PM Leonard Sossamon Completed 09/05/2017 4:46 PM Tina Duenninger Completed 09/07/2017 2:04 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Lake in the Woods Owners Association, Inc.

4400 Lake in the Woods Drive

Spring Hill, Florida 34607

August 31, 2017

RE: Agreement MT#13539 SUBJECT: Results of Community Vote on Approval of Above Agreement TO: Hernando County Board of County Commissioners The Lake in the Woods Owners Association, Inc., Board of Directors (the "HOA") desires approval of Agreement

MT#13539 to allow Sheriffs deputies and other Hernando County law enforcement officers to enforce traffic laws within our Community. The HOA polled owners to assess their approval of the Agreement . A copy of the Agreement was placed on the HOA web site for anyone to read and a copy of the "ballot" on Page 2 was mailed/delivered to each of our 217 property owners. Each had a label affixed to it with their name, address and block and lot number along with a place to print and sign their names. A legal quorum for an HOA general meeting is 30% of owners, i.e.; 66 lots. The following results were obtained: 117 of 217 ballots were returned 104 respondents were in favor of approving the Agreement (88%) 13 respondents were not in favor of approving the Agreement Our HOA typically struggles to achieve a quorum for its Annual General Meeting as we typically have between 70-75 lots represented in person or by proxy. This large turnout and overwhelming vote in favor of approval reflects the

seriousness with which HOA members view the need to enforce traffic laws in our community. Copies of all returned ballots are available for examination of course. The HOA urges the Hernando County Board of County Commissioners to approve this Agreement as such approval clearly reflects the desire and will of the community at large. Robert J. Schneider, Ph.D. President

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Lake in the Woods Owners Association, Inc.

4400 Lake in the Woods Drive

Spring Hill, Florida 34607

August 11, 2017

Hello Fellow Residents,

We can all be proud of the many improvements implemented in the community over the past several years.

These include repair or replacement of worn out structures, enhanced access control, building up financial

reserves, expanded recreation facilities and programs, a vigorous and successful beautification program and

more.

Each of these was a source of concern for numbers of residents as measured by phone calls and comments I

received. Those concerns have all but disappeared. There is, however, one more major problem. Your Lake

in the Woods Board of Directors (the "HOA") continues to receive complaints concerning uncontrolled,

reckless speeding in our community. Because our roads are private, sheriff deputies do not enforce traffic

laws here.

As a result your Board of Directors sought an Agreement with Hernando County to allow Sheriffs deputies and other County law enforcement officers to enforce traffic laws within our Community. The County Commissioners require that residents of the affected community be given the opportunity to approve or not approve the Agreement that would allow such enforcement by sheriff deputies.

You may read a copy of the Agreement on our web site (www.litwoods.com). Please signify your response (to approve or not approve the Agreement) by circling your choice below. In considering your response, please note the following: The status of our roads will not change and will remain private; this Agreement is not permanent as it can be cancelled at any time; this Agreement is specific to enforcing traffic laws; and this Agreement does not affect our gates or ability to exercise access control.

I am in favor of approving the Agreement. please print clearly signature

I do not approve the Agreement. please print clearly signature For the Board of Directors Robert J. Schneider Ph.D. President

PLEASE LEAVE YOUR SIGNED COPY OF THIS

DOCUMENT AT THE GATE BY AUGUST 20, 2017

Mail label with address and Lot/Block

number goes here

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Housing Authority Prepared By: Donald Singer

AGENDA ITEM Initiator: Donald Singer DOC ID: 13592 Legal Request Number: 17-550 Bid/Contract Number:


TITLE

Annual Reports for State Housing Incentives Partnership Program

BRIEF OVERVIEW

Each year, all local governments participation in the SHIP program must submit their annual reports to the Florida Housing Finance Corporation (FHFC) for all activities funded through June 30 of that year. As required, these reports reflect the SHIP activities for the State fiscal years 2014-2015, 2015-2016 and 2016-2017. The 2014-2015 report is a close out report. These reports are required by Florida Statutes to be certified by the local government's chief elected official or his or her designee as accurate and complete and that the local housing incentive strategies of the local housing assistance plan for the SHIP Program have been implemented or are in the process of being implemented pursuant to the adopted schedule. In addition, any and all public comments along with the local government's response to those are to be submitted with the reports to the FHFC.

FINANCIAL IMPACT

No financial impact.

LEGAL NOTE

The Board has the authority to take action pursuant to F.S. 420.907.

RECOMMENDATION

It is recommended that the Board approve the Annual Reports for fiscal years 2014-2015, 2015-2016, 2016-2017 and authorize the Chairmans signature on the certification page.

REVIEW PROCESS

Donald Singer Completed 09/01/2017 10:54 AM Ronald Pianta Completed 09/01/2017 12:24 PM Michelle Bishop Completed 09/01/2017 3:36 PM Pam Lee Completed 09/05/2017 9:51 AM

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Helen Gornes Completed 09/05/2017 9:14 AM Sue Bishop Completed 09/01/2017 12:09 PM Joseph DiNovo Completed 09/05/2017 12:24 PM Jenine Wimer Completed 09/05/2017 12:46 PM Leonard Sossamon Completed 09/05/2017 5:02 PM Tina Duenninger Completed 09/07/2017 4:13 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Attachment: Memo BCC SHIP Annual Reports 2017 (13592 : Annual Reports for State Housing Incentives

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Attachment: SHIP Annual Reports Certification 2017 (13592 : Annual Reports for State Housing

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Attachment: SHIP Annual Report FY 16.17 (13592 : Annual Reports for State Housing Incentives

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Attachment: SHIP Annual Report FY15.16 6.30.17 (13592 : Annual Reports for State Housing Incentives

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Attachment: SHIP Annual Report 14.15 Close Out (13592 : Annual Reports for State Housing Incentives

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Department of Public Works Prepared By: Elaine Singer

AGENDA ITEM Initiator: Brian Malmberg DOC ID: 13528 Legal Request Number: 2017-510-1 Bid/Contract Number:


TITLE

Approval of Annual Gas Tax Distribution

BRIEF OVERVIEW

Hernando County authorizes the levy of local gas taxes to fund transportation related needs. Two of these gas tax levies, Local Option Gas Tax 1-6 (Fund 1017) and Additional Local Option Gas Tax 1-5 (Fund 1022), are shared with incorporated areas within the County, i.e., City of Brooksville. Each year the DOR (Department of Revenue) requires Hernando County to provide the gas tax distribution percentages. The distribution percentage are based on the BEBR (Bureau of Economic and Business Research) Florida Estimates of Population reports. The latest report from April 2016 for Hernando County states Brooksville at 8,006 (5%) and unincorporated area (includes Weeki Wachee) at 171,052 (95%), totaling 179,058 (excludes inmate population). The DOR has submitted the attached Current Hernando County Ordinances report for the Chairmans signature.

FINANCIAL IMPACT

Funding from the annual gas tax distrbution budgeted for FY 2018 is $4,500,000.00 in the Local Option Gas Tax 1-6 Fund (1017-3124100) and $3,000,000.00 in the Additional Local Option Gas Tax Fund (1022-3124201).

LEGAL NOTE

Reviewed and approved for form and sufficiency by the County Attorneys Office. The Board is authorized to act on this matter pursuant to Chapter 125, Florida Statutes.

RECOMMENDATION

It is recommended that the Board approve the Current Hernando County Ordinances gas tax distribution and authorize the Chairman's signature thereon.

REVIEW PROCESS

Gordon Onderdonk Completed 08/30/2017 4:43 PM Michelle Bishop Completed 08/30/2017 4:48 PM

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Pam Lee Completed 09/05/2017 9:40 AM Sue Bishop Completed 08/29/2017 3:00 PM Jon Jouben Completed 09/05/2017 12:20 PM Jenine Wimer Completed 09/05/2017 1:52 PM Leonard Sossamon Completed 09/05/2017 4:42 PM Tina Duenninger Completed 09/07/2017 2:07 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Planning Prepared By: Ronald Pianta

AGENDA ITEM Initiator: Ronald Pianta DOC ID: 13450 Legal Request Number: LR 2017 411 Bid/Contract Number:


TITLE

Authorize Advertising - Hammock Ridge Brownfield

BRIEF OVERVIEW

The County has received a request from The Goldstein Environmental Law Firm to designate the Hammock Ridge development, a 104-unit garden style apartment development as a Brownfield under Chapter 376.80(2)(c), Florida Statutes. The request for a Brownfield designation requires that the applicant demonstrate compliance with the statutory requirements at two (2) public hearings advertised in accordance with the requirements for land use items. It is requested that the Board set the required public hearings for the October 10, 2017, and October 24, 2017, Board meetings, and authorize consideration of the request by the Board during normal business hours. Once set, the hearing dates must also be announced at the September 26 Board meeting.

FINANCIAL IMPACT

There is no financial impact at this time.

LEGAL NOTE

The Board has the authority to act on the request pursuant to Chapters 125 and 376, Florida Statutes.

RECOMMENDATION

It is recommended that the Board authorize staff to advertise the request by Hammock Ridge to be designated as a Brownfield for the October 10, 2017, and October 24, 2017, Board meetings, and authorize consideration of the request by the Board during normal business hours.

REVIEW PROCESS

Ronald Pianta Completed 07/26/2017 10:09 AM Patricia McNeese Completed 07/26/2017 10:21 AM Michelle Bishop Completed 08/23/2017 9:12 AM Pam Lee Completed 08/30/2017 2:51 PM

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Joseph DiNovo Completed 07/28/2017 2:03 PM Sue Bishop Completed 07/28/2017 4:18 PM Jenine Wimer Completed 08/31/2017 12:31 PM Leonard Sossamon Completed 09/05/2017 10:32 AM Tina Duenninger Completed 09/07/2017 4:43 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Attachment: Request Goldstein Env Law Firm (13450 : Authorize Advertising-Hammock Ridge

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Attachment: Request Goldstein Env Law Firm (13450 : Authorize Advertising-Hammock Ridge

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Board of County Commissioners Meeting: 09/19/17 09:00 AM Department: Planning Prepared By: Ronald Pianta

AGENDA ITEM Initiator: Ronald Pianta DOC ID: 13553 Legal Request Number: LR 2014-611-15 Bid/Contract Number:


TITLE

Authorize Advertising - Repeal of Medical Marijuana Ordinance

BRIEF OVERVIEW

Consistent with Board direction at the July 25 meeting, the Board requested that staff prepare an ordinance repealing local regulations governing the licensing and location of medical marijuana facilities. Ultimately, medical marijuana facilities would be subject to state regulation regarding licensing, use and location. The regulations governing medical marijuana constitute a Land Development Regulation; and as such, Florida Statutes require the Board to hold two (2) public hearings with at least one (1) hearing conducted after 5:00 p.m. on a weekday, unless the Board votes by a majority plus one (1) to have the hearing at another time of day. Therefore, the Board will have to authorize staff to advertise public hearings for consideration of the ordinance at regularly scheduled meetings during normal business hours.

FINANCIAL IMPACT

LEGAL NOTE

The Board has the authority to act on the request pursuant to Chapters 125 and 376, Florida Statutes.

RECOMMENDATION

It is recommended that the Board authorize staff to advertise the repeal of Ordinance 2016-05 which established local regulations governing medical marijuana for the October 9, 2017 Planning and Zoning Commission, and the October 24, 2017 and November 7, 2017 Board meetings, and authorize consideration of the request by the Board during normal business hours.

REVIEW PROCESS

Ronald Pianta Completed 08/22/2017 1:31 PM Christopher Linsbeck Completed 08/23/2017 7:31 AM Michelle Bishop Completed 08/28/2017 10:52 AM Pam Lee Completed 08/30/2017 2:51 PM

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Sue Bishop Completed 08/31/2017 12:23 PM Joseph DiNovo Completed 08/30/2017 9:10 AM Jenine Wimer Completed 08/31/2017 2:06 PM Leonard Sossamon Completed 09/05/2017 11:14 AM Tina Duenninger Completed 09/07/2017 4:47 PM Board of County Commissioners Pending 09/19/2017 9:00 AM

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Darlene Christensen

From: Reddick, Ernest L. Sent: Thursday, May 12, 2016 2:43 PMTo: Darlene ChristensenCc: County OrdinancesSubject: Emailing - Hernando20160512_Ordinance2016_5_Ack.pdfAttachments: Hernando20160512_Ordinance2016_5_Ack.pdf

The Department of State is committed to excellence.Please take our Customer Satisfaction Survey.

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RICK SCOTT Governor

KEN DETZNER Secretary of State

R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879

www.dos.state.fl.us

May 12, 2016 Honorable Don Barbee Jr. Hernando County Clerks Office 20 North Main Street, Rm. 3621 Brooksville, Florida 34601 Attention: Darlene Christensen, Administrative Services Dear Mr. Barbee: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Hernando County Ordinance No. 2016-5, which was filed in this office on May 12, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb

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NOTE: all language proposed for addition to existing Code provisions.

ORDINANCE NO. 2016-5

AN ORDINANCE AMENDING CHAPTER 18 (LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS) OF THE HERNANDO COUNTY CODE OF ORDINANCES BY ADDING ARTICLE VII ENTITLED "MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES REGISTRATION," PROVIDING FOR A TITLE, PROVIDING FOR LEGISLATIVE FINDINGS AND AUTHORITY, PROVIDING FOR THE PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, REQUIRING CERTIFICATE OF USE PERMITTING, PROVIDING FORA ONE YEAR MORATORIUM, CREATING A PERMIT APPLICATION PROCESS AND REQUIREMENTS FOR PERMITTING, PROVIDING FOR GROUNDS TO DENY, NOT RENEW, OR REVOKE A PERMIT, PROVIDING FOR REVIEW OF PERMIT DENIAL, NON-RENEWAL OR REVOCATION, PROVIDING FOR ADDITIONAL PERMIT COMPLIANCE REQUIREMENT, PROVIDING FOR PERMIT RENEWALS AND FEES, PROVIDING FOR VIOLATIONS AND INSPECTIONS, PROVIDING FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR ALLOCATION OF FINES, PENAL TIES AND FORFEITURES; AMENDING APPENDIX A (ZONING CODE) ARTICLE III (SPECIFIC USE REGULATIONS), BY PROVIDING FOR SECTION 5 (MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES); PROVIDING FOR SPECIFIC LOCATION RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners (County) has adopted the Hernando County Comprehensive Plan within which are included goals, objectives, and policies related to the process for review and approval of certain development applications; and

WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these goals, objectives, and policies through the adoption of consistent land development regulations; and

WHEREAS, the State may detennine to regulate medical marijuana dispensaries and cultivation facilities; however, these laws and regulations will not resolve all local issues associated with medical marijuana dispensaries and cultivation facilities; and

WHEREAS, the Board finds and declares a need to pennit and regulate the business of medical marijuana dispensaries and cultivation facilities; and

WHEREAS, the County desires to update and modernize its land development regulations, and to provide for additional criteria and standards for the location of medical marijuana dispensaries and cultivation facilities; and

WHEREAS, this proposed amendment to the Hernando County Land Development Regulations, Appendix "A", (Zoning Code), has received public hearings before the Planning and Zoning Commission, Local Planning Agency and the Board ofCounty Commissioners as required by state and local law; and

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WHEREAS, the Board of County Commissioners, for itself and acting as the Local Planning Agency, finds and detennines that the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA:

The recitals set forth above, including fmdings of fact and conclusions oflaw, are true and correct and incorporated herein by this reference.

SECTION I. Amending Chapter 18 (LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS). Chapter 18 (Licenses, Permits and Miscellaneous Business Regulations) is amended to read as follows, with the following new text being added to the code:

[Section 18-16 thru Section 18-164 remain unchangetlJ

Article VII. MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES REGISTRATION

Section 18-165. Title.

This article shall be known and may be cited as the "Medical marijuana dispensaries and cultivation facilities Ordinance."

Section 18-166. Legislative Findings and Authority.

The recitals set forth above are incorporated herein. The Hernando County Board of County Commissioners finds and declares that there exists an urgent need to enact an ordinance regulating certain medical marijuana dispensaries and cultivation facilities within unincorporated Hernando County.

This Ordinance is enacted pursuant to Chapter 125, Florida Statutes, and the home rule powers of county government and is determined by the Board to be in the best interest of the health, safety and general welfare of the people of Hernando County.

Section 18-167. Purpose and Intent.

The purpose and intent of this article is to promote the health, safety and general welfare ofthe residents of Hernando County through the regulation of medical marijuana dispensaries and cultivation facilities (as defined below) operating in the County as ofthe effective date of this Ordinance.

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Section 18-168. Definitions.

Applicant means the owner or a person(s) authorized by the owner to complete an application for a permit to operate medical marijuana dispensary.

Article shall mean Chapter 18, Article VII, of the Hernando County Code of Ordinances; and Appendix A, Zoning, Article III, Specific Use Regulations, Section 5, Medical marijuana dispensaries and cultivation facilities.

Certificate ofUse shall mean a certificate issued pursuant to this article by the Department, on an annual basis, authorizing the operation of a specific medical marijuana dispensary or cultivation facility location in Hernando County and which contains the State's required registration number on its face (if applicable), and authorizes the occupancy of a structure or premises and is required prior to occupancy, change ofuse and under other specific conditions. Each Certificate of Use shall at a minimum identify on its face, the dispensary or cultivation facility name and physical address, the dispensary or cultivation facility name and mailing address (if different from the physical address), and the property owner's name and address.

Each permit shall have a unique number identification on its face.

Inspections. Any person authorized to enforce this article, including but not limited to law enforcement officers employed by the Sheriff, may perform spot or random inspection(s) of the medical marijuana dispensary or cultivation facility.

Person shall mean an individual, partnership, corporation, association or other legal entity.

Sheriffshall mean the Hernando County Sheriff, a constitutional officer.

Sheriff's Office shall mean the Hernando County Sheriff s Office.

County or Hernando County shall mean all unincorporated areas of Hernando County, Florida.

Department shall mean that department, division, or section within Hernando County government charged with overseeing and regulating zoning and land use activities within the unincorporated area of Hernando County, Florida.

Medical marijuana cultivation facility means the use ofproperty or a structure for the planting, growing, harvesting, drying, processing, or storage of marijuana plants.

Medical marijuana dispensary means the use ofproperty or a structure for any privately owned medical marijuana dispensary, facility or office to store, distribute, transmit, give, dispense, or otherwise provide medical marijuana in any form or manner.

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Section 18-169. Certificate of Use Required; Temporary Moratorium on New Medical Marijuana Dispensaries and Medical Marijuana Cultivation Facilities.

(a) No medical marijuana dispensaries or medical marijuana cultivation facilities, as defined in this article, may operate in Hernando County, nor may any person operate a medical marijuana dispensary or cultivation facility in Hernando County, without first obtaining a medical marijuana dispensary or cultivation facility certificate of use issued by the Department pursuant to land use requirements and this article.

(b) Each medical marijuana dispensary or cultivation facility shall stand alone and shall require its own certificate of use.

(c) In order to allow Hernando County as of the effective date of this Ordinance time to examine and review criteria for the siting of medical marijuana dispensaries or medical marijuana cultivation facilities, and to put in place procedures for the issuance of a certificate of use, no medical marijuana dispensary or medical marijuana cultivation facility may open or operate in Hernando County or make application for a certificate of use for the shorter of (1) 12 months or (2) the enactment ofa new ordinance by the board from the effective date of this Ordinance.

(d) The board hereby imposes a moratorium beginning on the effective date of this article on the issuance of zoning approvals, development permits (including building permits) or other development approvals for the establishment or location of medical marijuana dispensaries or medical marijuana cultivation facilities on any property located in whole or in part within the county for the shorter of (1) 12 months or (2) the enactment of a new ordinance by the board.

Section 18-170. Certificate of Use Application Process and Requirements

(a) No medical marijuana dispensary or medical marijuana cultivation facility, as defined in this article, may operate in Hernando County, nor may any person operate a medical marijuana dispensary or cultivation facility in Hernando County, without first obtaining a medical marijuana dispensary or cultivation facility certificate of use issued by the Department pursuant to this article.

(b) The licensing requirements set forth in this article shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any federal, state or local laws.

(c) The issuance of a certificate ofuse does not create an exception, defense, or immunity in regard to any potential criminal liability the person may have for the production, sale, distribution or possession of marijuana.

(d) Application required. Any person seeking to operate a medical marijuana dispensary or cultivation facility (as defined in this article) within unincorporated Hernando County shall complete an application as provided by the Department. If any person seeks to

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operate more than one dispensary or cultivation facility, a separate application for each use shall be required. As part of the application, the applicant shall provide all of the following information:

(1) Business name of the dispensary or cultivation facility, Address of the site location, Square footage of unit, Date of planned opening, Type of businesses located adjacent to proposed dispensary or cultivation facility.

(2) Detailed description of the services or products provided or equipment used, and a professionally drawn floor plan to scale with all rooms identified.

(3) Detailed description of all proposed improvements to the site.

(4) A site plan showing the total number of parking spaces on the property.

(5) The registration number from the State, if the use must be registered in accordance with state law or proof that the applicant is exempt from registration with the state.

(6) Proof satisfactory to the Department that the applicant has legal ownership or control of the property that is being proposed as a medical marijuana dispensary or cultivation facility (examples include a copy of the deed if the property is owned by the applicant, a copy of the lease or license agreement if the property is not owned by the applicant).

(7) An affidavit executed by the owner of the property, if other than the applicant acknowledging that the owner is aware that its property is being used as a marijuana dispensary or cultivation facility and providing that the owner will hold Hernando County harmless for any loss resulting from actions taken by the United States government against the owner for permitting the operation of a business that is or may be in violation of federal law .

(8) A list of all persons, associated with the management and/or operation of the dispensary or cultivation facility, whether paid or unpaid, part-time or full time, including all contract labor and independent contractors. This list shall include, but is not limited, to all owners, operators, employees and volunteers. For each and every person listed, the following additional information shall be provided:

a. The person's full name;

b. The person's title or position with the dispensary or cultivation facility (e.g. owner, operator, manager, employee, volunteer etc.);

c. The person's current home address, telephone number and date ofbirth;

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NOTE: aU language proposed for addition to existing Code provisions.

d. A copy of the person's current Florida driver's license or a government issued photo LD.;

e. State whether the person has any financial or business interest in a dispensary or cultivation facility;

f. For each person listed, a criminal history form or other similar document completed by the Sheriff or such persons designated by the Sheriff and which indicates whether said person has any criminal conviction(s), and, if so, a listing of said conviction(s), or indicates no known criminal convictions. The Sheriff may charge a fee for each criminal background check performed and the applicant shall be responsible for paying said fees. No criminal history form or similar document may be accepted if dated earlier than sixty (60) days from the date filed with the Department. If during the Department's review of the certificate of use application, there is a deletion, substitution or addition of any person so listed, the Department shall be immediately advised of such change(s) and shall be furnished a new criminal history form for each new person that has been substituted or added.

(9) Such information designated by the Zoning Supervisor! Administrative Official as necessary in order for County staff (hereinafter "Staff') to make a reasonable determination to grant or deny the certificate of use.

(e) Completeness ofApplication. It is the applicant's sole responsibility to provide accurate contact information when submitting the application to the Department. If the application for a medical marijuana dispensary or cultivation facility certificate of use is not properly completed, in the sole discretion of the Department, the Department shall notify the designated contact person listed in the application. A completed application must be received by the Department within fifteen (15) business days of receipt of the deficiency notice from the Department in order to avoid assessment of another application fee. Failure to timely respond within the fifteen (15) days shall result in a denial ofthe application as incomplete. A new application must then be submitted that is accompanied by the full nonrefundable application fee, in order to request a certificate of use.

(f) Inspections. Inspections may be made as necessary to determine whether or not the application submitted is accurate in all respects, and/or whether the terms of this article are being adhered to.

(g) Initial Application Fee. Each application for a medical marijuana dispensary or cultivation facility certificate ofuse shall be accompanied by a nonrefundable application fee in the amount of Five Thousand Dollars ($5,000.00). The application fee for a medical marijuana dispensary or cultivation facility certificate ofuse is in addition to the Two Thousand Five Hundred Dollars ($2,500.00) annual fee! renewal fee. Any changes to the application fee or certificate of use fee authorized by this article may be

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accomplished by Resolution of the Board of County Commissioners without the need to revise this article.

(h) Annual Permit Fee. An applicant, upon approval of its application for a medical marijuana dispensary or cultivation facility certificate of use in accordance with this article, shall pay a Two Thousand Five Hundred Dollars ($2,500.00) annual fee to the Department. The receipt of the annual fee is a prerequisite to the Department

agenda - tuesday, december 13, 2016

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