A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
february 23, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, February 23, 2010 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Elaine Renick, Vice Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Pastor William Tyson from Union Congregational Church in Tavares gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Sandy Minkoff, Interim County Manager, stated that he was pulling two items from the Consent Agenda, which were Tab 10, so that they could provide the Board with additional information regarding that item to answer several questions that the Board had, and Tab 19, so that they could look more into that speed limit.
Ms. Melanie Marsh, Acting County Attorney, related that the City of Tavares has requested some clarification language to be added to the Parking Garage Ordinance that was coming for approval to advertise, and she would ask for approval of those changes when they discuss that item.
Commr. Cadwell stated that he wanted to add to the agenda an item regarding a business at Kurt Street and US Hwy 441 that has started replacing the gas tanks and moving the awning, but has run into a problem with the ordinance that precludes them from doing some things they needed to do and asked that the County Attorney’s Office look at it to see if there was some relief they could give them.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board voted to add that item to the Agenda under Commr. Cadwell’s business.
Commr. Conner mentioned that he wanted to add a discussion of the $1.6 million maintenance contract on their radio system to the Agenda under his business.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to add that to the Agenda.
MINUTE APPROVAL
On a motion by Commr. Stewart, seconded by Commr. Renick, and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 19, 2010 (Comp Plan Workshop) as presented and the Minutes of January 26, 2010 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 10, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
City of Minneola Notice of Public Hearing of Ordinance
Request to acknowledge receipt of City of Minneola Notice of Public Hearing of Ordinance No. 2010-04 to be held at 7:00 p.m. on Monday, February 1, 2010, at 800 North US 27, Minneola, Florida to consider a request for annexations and rezoning of approximately 53 acres of property located on the east side of US Hwy 27, north and south of Sullivan Road.
City of Minneola Notice of Public Hearing of Ordinance
Request to acknowledge receipt of City of Minneola Notice of Public Hearing of Ordinance No. 2010-05 to be held at 7:00 p.m. on Monday, February 1, 2010, at 800 North US 27, Minneola, Florida to consider a request for annexations and rezoning of approximately 53 acres of property located on the east side of US Hwy 27, north and south of Sullivan Road.
Annexation Ordinance from the City of Groveland
Request to acknowledge receipt of Ordinance # 2009-06-23 extending and increasing the corporate limits of the City of Groveland and annexing 99.2 +/- acres of Lake County thereto a certain area of land contiguous to and not embraced within the present limits of the City of Groveland.
City of Minneola Public Notice Regarding Drinking Water
Request to acknowledge receipt of City of Minneola Public Notice regarding Important Information About Drinking Water.
City of Tavares Notice of Public Hearing of Ordinance
Request to acknowledge receipt of City of Tavares Notice of Public Hearing for proposed Ordinance 2010-04 to annex approximately 1,352 acres of land generally located on the south shoreline of Lake Dora.
Annexation Ordinance from the City of Tavares
Request to acknowledge receipt of City of Tavares Ordinance 2009-32 to annex approximately 2 acres of land generally located on the south side of U.S. 441, east of Mount Homer Road.
Ordinances from the City of Groveland
Request to acknowledge receipt of certified copies of the City of Groveland’s Ordinance No’s. 2009-11-41, 2009-11-44 and 2009-11-45. A map indicating the location of the site is also attached.
Ordinances from the City of Groveland
Request to acknowledge receipt of certified copies of the City of Groveland’s Ordinance No’s 2009-06-23, 2009-12-47 and 2009-12-48. Maps indicating the location of the sites are also attached.
Notice of Public Hearings from the City of Tavares of Ordinance
Request to acknowledge receipt of Notice of Public Hearings from the City of Tavares, regarding Ordinance No. 2010-04.
The proposed Ordinance No. 2010-04 will be considered at the following public meetings:
1. Tavares Planning and Zoning Meeting on January 21, 2010, at 3 p.m.; and
2. Tavares City Council Meeting on February 3, 2010, at 4:30 p.m.; and
3. Tavares City Council Meeting on February 17, 2010, at 4:30 p.m.
All meetings will be conducted in the Tavares City Council Chambers in City Hall, at 201 E. Main Street, Tavares, Florida
COUNTY MANAGER’S CONSENT AGENDA
Commr. Conner pointed out that the tractors being replaced by the new ones specified in Tab 15 were 15-years old and in need of being replaced.
Commr. Cadwell added that those tractors would be used as surplus if possible, and he directed Mr. Jim Stivender, Director of Public Works, to check whether Trout Lake Nature Center could use the old tractors.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19, pulling Tabs 10 and 19 as follows:
Community Services
Request for approval of continued funding to the Lake County Shared Services Network in the amount of $25,000 for FY 2008/2009. Funding will be taken from the Crime Prevention Fund established by the County pursuant to F.S. 775.083(2).
Conservation and Compliance
Request for approval of Satisfaction & Release of Fine for Property Owner: Shirlee Hollis, Case# CEB 50-99. Commission District 4.
Request for approval of Satisfaction & Release of Fine for Property Owner: Estate of Robert & Jane (Jayne) Hopkins, Case# CEB 107-97.
Request for approval of Release of Fine for Property Owners: Earl Griffis Life Estate & Stella M. Griffis Life Estate, Case# 2007040068.
Request for approval of Release of Fine for Property Owner: Boyett Land Inc., Case# 2009050011.
Economic Growth and Redevelopment
Request for approval and signature on the Incubator Agreement between the City of Leesburg, the University of Central Florida Research Foundation and the Lake County Board of County Commissioners for the business incubator and approval of accompanying budget change request.
Employee Services
Request for approval to change the name of Department of Employee Services and Quality Improvement to Department of Employee Services.
Fiscal and Administrative Services
Request for approval for the Board to 1) declare the items on the attached list surplus to County needs, (2) authorize the removal of all items on the attached list from the County's official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign the vehicle titles.
Public Resources
Request for approval and signature of Forest Health Improvement Initiative Grant program application; retroactive approval for Interim County Manager to sign application as Authorized Signature; approval for Chairman to sign any additional grant documents pending grant award and Acting County Attorney approval.
Public Works
Request for approval of authorization to release a letter of credit for maintenance in the amount of $46,960 posted for Pillars Ridge. Pillars Ridge consists of 28 lots and is located in Section 11, Township 23 South, Range 25 East. Commission District 2.
Request for authorization to release a letter of credit for maintenance in the amount of $27,580 posted for Pillars Cove. Pillars Cove consists of 15 lots and is located in Section 11, Township 23 South, Range 25 East. Commission District 2.
Request for approval of an award in the amount of $99,072.00 to Mid State New Holland for the purchase of three (3) agricultural 2 WD mowing tractors in conjunction with the County needs.
Request to award RSQ 10-0003, On-Call Civil Engineering to BESH, Griffey Engineering, Inc. and Springstead Engineering, Inc.
Request for authorization to accept the final plat for Citrus Highlands Phase II, and all areas dedicated to the public as shown on the Citrus Highlands Phase II plat, accept a check in the amount of $48,410.00, allow substitution of the $48,410.00 check with a Maintenance Bond in the amount of $48,410.00 once the bond has been secured; execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Citrus Highlands, LLC., and execute Resolution No. 2010-13 accepting the following roads into the County Road Maintenance System: Citrus Parkway ‘Part’ (Co. Road No. 0261), Elgin Way (Co. Road No. 0261B), and Broadford Lane (Co. Road No. 0261C). Citrus Highlands Phase II consists of 82 lots and is located in Section 23, Township 24 South, Range 26 East. Commission District 2.
Request for approval of Resolution No. 2010-14 authorizing the posting of speed limit signs on the following roads in the Johns Lake Subdivision. Section 35, Township 22, Range 26, Commissioner District 2: Austin Cove Ct (1261B) Meredrew Ln. (1261A) Lake Sherman Dr (1260) Lagoon Ct (1260A) Horizon Ct (1260B) Lanesboro Ct (1160A) Spring Run (1160B) Misty Bay Ct (1160C) Denham Ct (1160D).
COUNTY ATTORNEY’S CONSENT AGENDA
Ms. Marsh related that the City of Tavares had requested language recognizing the validity of their agreement to use the parking garage in the ordinance in Tab 20 and that they would add that minor change into that ordinance.
On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 20 through 24 as follows:
Request for approval to advertise the Parking Garage Regulations Ordinance, with some additional language added into the ordinance recognizing the validity of the City of Tavares’ agreement to use the parking garage.
Request for approval to advertise ordinance establishing regulations relating to temporary closing or special use of County roads.
Request for approval for Chairman to endorse two checks from Tower Hill Select Insurance Company for $2,938.84 and $7,170.00 on behalf of Lake County Affordable Housing.
Request for approval of Cancellation of Tax Sale Certificates 4860 and 4885 on Alt Keys 1461979 and 2506946 and authorize Chairman to execute Cancellation of Tax Sale Certificate by Owner forms.
Request for approval of Sumter Electric Perpetual Utility Easement at Lake May Reserve (Alt Keys 1039908, 1109213, 3396162, 3672046, and 3870979) located northeast of the intersection of CR44A and North CR44A and authorize Chairman to execute Easement document.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
community services
lakexpress services during bikefest event in leesburg
Mr. Ken Harley, Public Transportation Director, stated that he would be doing a joint presentation with Mr. T.J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (MPO), about a request from the MPO and the Leesburg partnership requesting that transportation services be provided during BikeFest. He specified that 300,000 people attended the Leesburg Bikefest event, which was one of the largest events in the County. He explained that this request would be for services normally outside the scope of the normal transportation service, since it would be for weekend and after-hours service. He noted that because the buses and equipment that they utilize were federally-funded, they did have to check with the Federal Transit Administration (FTA) to make sure that they could legally provide this service, and they were given authorization and approval from FTA, since it was determined that it was consistent with and running along the same route as their fixed-route service. He specified that the cost of this service was about $13,000, which he could not require the vendor to pay, but they did have funding in their current year’s budget to cover the cost of this program, since they have saved $94,000 so far this year and projected to save $377,000 by the County assuming maintenance of their fixed-route and paratransit program. He commented that some advantages of doing this would be the traffic-control component, that it would help save lives, and that it would be a benefit to the business community and their transit program because of the increased ridership.
Mr. Fish commented that he believed this was an appropriate time to expand mass transit and that Route 2 which circulates through Leesburg was already the most successful route. He stated that the two key focal points that they would focus on were linkages for the Gator-Harley event outside downtown and at Lake Griffin State Park through Leesburg and Tavares to the Holiday Inn Express. He specified that they wanted to increase frequency and lengthen the time until 3:00 a.m. for safety and to accommodate people that would be best to have on the bus rather than driving. He also mentioned that they would be catering to the businesses that support this event by getting people there more efficiently and safely.
Commr. Cadwell commented that this might get more of the local, non-biking community to be able to enjoy the event and that it would enhance public awareness of the ridership.
Mr. Sandy Minkoff, Interim County Manager, stated that they were planning on tracking the revenue generated from this event, and they anticipate that it would likely cover the cost.
Commr. Conner commented that he thought the most important thing was the safety factor, and he thought it was worth making an investment in this, since the economic impact of the event would be substantial. He asked how often the shuttle would be running and how many buses would be circulating.
Mr. Harley responded that there would be six buses running at one time at 30-minute intervals, with one bus on standby.
Commr. Conner noted that this money was not going to be out of operating cost and asked what specific fund they would use for this.
Mr. Harley answered that this would be federal money.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request from the Lake-Sumter MPO for LakeXpress services to operate during Bikefest on April 23-25th in Leesburg.
facilities development and management
construction of warehouse addition
Mr. Minkoff noted that on Tab 27 the information on the Agenda was incorrect, but the correct amount was shown on the agenda item. He specified that they were requesting approval, of $1,066,511 for the warehouse expansion, including all contingency and other costs.
Commr. Hill noted that there was only a $4,000 difference between the out of town and the in-County firm, and she asked if there was a large difference in the work product.
Mr. Kristian Swenson, Interim Director of Facilities Development and Management, answered that the low vendor withdrew due to problems with the bid, so they went with the second lowest priced vendor.
Ms. Melanie Marsh, Acting County Attorney, pointed out that the Statute required them to go with the lowest responsible and responsive bid.
Commr. Conner commented that he believed that if this was not a hard bid and was this close in the ratings during an RFP or an RFQ, then they would be justified with going with the local contractor. He also asked Mr. Minkoff to state the need for this warehouse.
Mr. Minkoff reported that the main use of the facility would be for the Clerk’s Office and that County records would take about a quarter of it. He explained that they currently had two warehouses, one of which was air-conditioned space in the downtown area and operated by the Clerk, which was completely full. He noted that the storage facility that the County operated was not air-conditioned, and they could not keep court records and paper records in a non-air-conditioned facility, because they would not fare very well. He informed the Board that they had also looked at the cost of air-conditioning their existing facility and found that those costs were very closely consistent with enlarging the other facility. He commented that there was a clear need currently for air-conditioned space and that their plans were also to eliminate any rental warehouse space that they currently have once this was completed.
Mr. Neil Kelly, Clerk of the Court, stated that they were literally out of capacity in their storage facility, and they anticipated that this additional space would last through the foreseeable future with a combined aggressive destruction, computerization, and imaging of the records.
Commr. Conner pointed out that they were cutting expenses by getting out of leases, and he commented that he supported this item and thought they did the best that they could under the circumstances.
Commr. Hill commented as a sidebar that she had concerns about shifting money out of a designated project that they had funded and placing the remaining funds within the general fund.
Mr. Minkoff clarified that this project was originally funded as a general fund expenditure, but this agenda item called for it to be paid using sales tax, which was more appropriate for capital improvement. He noted that the funds budgeted in the general fund would just go into reserve in the general fund account.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request from Facilities Development and Management to approve and execute the construction contract to Conrad Construction, Inc. to provide construction of a warehouse addition in the amount of $922,741, and approve FF&E allowances of $25,000, permit fees and other associated cost in the amount of $26,500 and contingency cost of $92,270.00.
growth management
clermont’s request to expand jpa boundary
Ms. Amy King, Growth Management Director, stated that this item was a request from the City of Clermont to expand their Joint Planning Area, and she showed on a map the area while referencing US Hwy 27 and SR 50. She explained that the City had requested on January 26 to take a look at their JPA and to expand it to the area she pointed out to the south, which was approximately 5,760 acres. She commented that the JPA had been a great communication tool in working with the City, and this would expand the area in which staff would communicate with the City and also expand the area that they had joint land development regulations. She informed the Board that to that end, staff had no concern with this request.
Mr. Wayne Saunders, Clermont City Manager, stated that their City Council was requesting that they extend that line three section lines to the south of where it currently was. He noted that the existing JPA agreement states that the City will not annex any properties outside of the JPA boundaries, and they currently have some requests for annexation outside of those boundaries. However, their City Council is not interested in violating the JPA agreement, and they think it has been a good tool. He informed the Board that the City was requesting for the County Commission to amend that line, moving it to the south so they can entertain those requests for annexation that they currently had outside of that JPA boundary. He added that if the County Commission would feel more comfortable, the City would not be opposed to moving it only two section lines south, leaving more of a buffer between there and the urban area south.
Commr. Cadwell asked Mr. Saunders what the underlying land use would be.
Mr. Saunders answered that the land use would not change unless an annexation took place, but just expanding the JPA would not change the land use. He added that there has not been a request for a change in the land use at this point, and they only have letters of intent from three property owners that were in the area that was shown.
Commr. Renick commented that the goal of the JPA was to cooperate with the City to achieve the result of good planning, but the purpose of this request was not to work with the County, but to shut the County out so that the City would be able to annex that property, which she felt was very poor planning.
Commr. Conner asked if they could have an agreement upon the land use in advance, because the land use would be important to him in determining how he looked at this issue.
Commr. Renick stated that she agreed with that, because the whole idea of the JPA was for planning for that area, and she thought that the City was instituting this because they were concerned about the future limitations of Amendment 4. She commented that the idea that the County would not welcome any type of clean industry in that area was absolutely not true. She thought this was a very important area, and they put a lot of time into planning what they should do when they put the joint planning agreement in place. She clarified with the County Manager that they have already arranged a meeting with Commissioner S. Scott Boyd and Orange County to discuss the possibility for any type of industry or commerce park regarding the Conserve II property, and she asked the Board not to lift the JPA.
Commr. Cadwell commented that they needed to have a better picture of what would go into that area than what they had now.
Ms. King suggested that they look at possibly doing an interlocal service boundary agreement with Clermont similar to what they were looking at with the other cities in which the district Commissioner negotiates with the City Commissioner of their choice, with the negotiations including land uses, and leave the JPA in tact right now.
Mr. Saunders commented that the City of Clermont has been trying to work something out with Conserve II for six years regarding water issues, so he was not optimistic that they would be able to work something out with Conserve II anytime in the near future. He added that one of the things that spurred this on was that the rural protection area took out any opportunity for this Commission to consider any type of job-creation type of land use in that area if Amendment 4 passes.
Commr. Cadwell stated that he thought their logic was if they did annex and went to DCA with this extra protection level, DCA was less likely to let the City do anything else with the property.
Commr. Conner commented that that issue could be re-addressed when they receive the Comp Plan back from DCA.
Commr. Renick opined that she did not want Clermont to run into the Four Corners area, and there was an area that would have to be protected. She reiterated that if they approved the JPA change today, the discussion and involvement would stop for them.
Commr. Hill commented that she thought the County would have communication regarding any area within the JPA.
Commr. Stewart and Commr. Renick both pointed out that once the City annexed that property, there would no longer be any joint planning.
Commr. Cadwell commented on the extensive amount of work and time it took them to work out the JPA, and he was concerned that the approval of this request would take away the integrity of the JPA, as well as about the time frame and the way the City was going about doing it, even though he understood the reason why the City made this request.
Commr. Renick expressed concern that Clermont was possibly envisioning some residential development to support the commercial development in that area. She also added that the City wanted to annex Conserve II, because without that they could not annex all the other land. She also noted that currently there was no developer with a plan to build there.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to not approve the expansion of the JPA today with the understanding that they would meet with the City of Clermont officials to further discuss joint planning with them.
public works
agreement with oocea regarding wekiva parkway
Mr. Minkoff explained that Tab 29 contained a copy of the draft of the interlocal agreement with the Orlando-Orange County Expressway Authority (OOCEA) which was sent to them late last year, the main effect of which would allow the Expressway Authority to do a road project in Lake County, specifically the Wekiva Parkway. He stated that he and Mr. Stivender have met with Expressway representatives a couple of times, and before they went back to them, they wanted to discuss this with the Board to make sure that the Board was in agreement with their ideas. He commented that essential to this process has been the ability to keep a connection between the Mount Plymouth-Sorrento area and Seminole County for residents without having to pay tolls. He believed that that issue has been mostly worked out, but he wanted to make sure it was included in this agreement. He reported that they were proposing to do that by keeping a service road adjacent to the Parkway, and he believed that the service road should be a state road or an expressway road and not a county road, which he believed should also be in this agreement. He also stated that they would like to have an agreement on a trail alignment before they approve the construction of the expressway, but there was some disagreement as to where the trail should go or who would give approval for it, since there were a lot of agencies involved, including the Expressway Authority, FDOT, Seminole County, and DEP (Department of Environmental Protection). However, he would like to at least get the alignment agreed upon prior to the agreement. He related that the third issue was that Seminole County has asked the Expressway Authority for an expansion of the Expressway Authority Board to give a Seminole County Commissioner representation on that Board, and he asked the Board if it wanted to request that a Lake County Commissioner also serve on that board. He related that he would take the Board’s comments back to the Expressway Authority and see what they could work out.
Commr. Cadwell commented that the responsible thing to do would be for one of the Commissioners to serve on that board so that they would have a voice during some of the touchy issues.
Commr. Hill related that she brought that issue up at the MPO Executive Committee, and they unanimously agreed that Lake County needed to have a seat on that board. She opined that she also thought it was imperative that they had a seat on that board, since there was still a possibility that tolls would be required, and she was not comfortable with Article 3D on Page 5 of 10 in the agreement, which stated that the OOCEA could make that decision in the future.
Commr. Stewart also expressed concern about that part of the agreement. She related that she had spoken with the Expressway Authority, and they agreed that the County needed to put something in the interlocal agreement concerning that and offered some language that could be added.
Mr. Minkoff pointed out that this was strictly the OOCEA’s draft and did not contain any of the County’s comments, and he assured the Board that they would work on the agreement so that the language reflected the Board’s direction.
Mr. Stivender added that OOCEA wanted to obtain eminent-domain power, and all the other details needed to be worked out in the agreement so that the County was protected while they were building the road in the future.
Commr. Hill mentioned that there were discussions with OOCEA regarding the alignment of the trail, including an alternative which was located further south and across, and where it could link to Seminole County.
Mr. Stivender stated that at a meeting they had a few weeks ago, the District Secretary mentioned that there was funding for a tri-county trail study, and they have a master plan of that area that gives them a couple of alternatives. He noted that this would be a joint master plan with Orange and Seminole County. He also suggested that they have language in this agreement that all the plans would all compliment each other, and he stated that those details could be worked out as part of all the other issues.
Mr. Minkoff stated that they may have to have agreements with FDOT or DEP in place before they could approve this agreement with the Expressway Authority, and he noted that the question of where it would be located was not as important to them now as having a commitment that there would be a trail and that the public entities that have ownership would agree to give them the right-of-way through that corridor before the County authorizes the road to go forward. He clarified that the Board agreed to have him negotiate the aforementioned items that they had just discussed.
recess and reassembly
At 10:08, the Chairman announced that there would be a ten-minute recess.
PRESENTATION BY 2ND GRADE CLASS REGARDING WATER CONSERVATION
Commr. Stewart explained that the Board of County Commissioners partnered with Lake County Schools a few months ago to produce a public service announcement for water conservation and that she had asked her friend’s class, Mrs. Monell’s 2nd Grade Class at Round Lake Elementary, to help them with that project. She stated that their public service announcement would be aired on local cable stations starting in March and related that they were going to show a preview of the video of that as well as having the students perform it live. She recognized J & J Productions and Pinnacle Creative Group, who donated their time and resources to produce this video for the students, and she had the students introduce themselves.
public works
agreement with state for pd&e study of sr 50 realignment
Mr. Stivender explained that Tab 30 was an agreement between the County and the Department of Transportation to do a PD&E Study for SR 50 through Groveland. He related that a study was done a few years ago in Groveland to do some other improvements, which started the focus on the issue of SR 50. He described that road as one-way pairs split by a single block, which impaired the flow of traffic in downtown Groveland. He pointed out that the 40 percent truck flow in that area causes semi-truck gridlock when a lot of the trucks try to make turn movements on SR 19 North. He noted that this was the number one project in Groveland and that there would be some kind of alignment change to do a four-lane road in a different location to free up the downtown one-way pairs in Groveland and give it back to the City. He mentioned to the Board that they had done something similar to this before on SR 50 about 10 to 12 years ago to six-lane that road to the county line. He recommended approval of the agreement.
Commr. Conner stated that he did not support this $900,000 expenditure for a consultant to realign a road that would probably cost about $30-$50 million with property acquisition, since they had limited funds and did not know if the project would be completed. He was not persuaded that this was a wise expenditure of almost $1 million.
Commr. Cadwell asked Mr. Stivender whether that money was paid out of the road impact fee benefit district for that area.
Mr. Stivender replied that it was paid out of Benefit District 6, which was the Mascotte-Groveland area, and reiterated that it was the number one priority for that district. He commented that they would probably not see construction on this project until 2021 or 2022, which was a normal amount of time for a project like this in the state highway system and that this would be the first step in the process. He also noted that they had the funds available to do it, and this was to solve a situation which was projected for the future, similar to what they did on Highway 50 in 1999.
Commr. Cadwell commented that since those monies were collected in that impact fee district and that this was their number one priority, he would recommend approval.
Commr. Renick commented that she did not think this was only a road issue, but an economic development issue regarding infrastructure as well. She stated that she thought this project would be going forward, and she noted that FDOT also agreed that this was a good project.
Mr. Stivender commented that FDOT was cautious since they developed the one-way pairs as they four-laned the highway years ago, but there has been a large increase in traffic since then.
Commr. Conner stated that he might be persuaded to support it if it was not so much money, and he noted that twice he has deferred to local governments on projects because it was their priority. He felt that they needed to change the culture of the way they were spending their transportation impact fee money. He stated that if they had assurances from FDOT that it would be done, then perhaps he could be persuaded to support it.
Commr. Stewart commented that she believed that this project would happen in the future, because it was such a necessity.
Commr. Renick added that she did not think it was at all controversial and that the Groveland community was united in a positive response to this project.
Mr. Jim Gearhart, City Council Member, City of Groveland, stated that probably three-fourths of the right-of-way was established right now where the new road could possibly go, and he opined that they would need to have a project that was shovel-ready in order to qualify for federal stimulus money that could help take care of the cost of this project, along with money from FDOT. He also commented that the $900,000 that was collected in impact fees was collected in that district and should be spent in that district, especially when the City Council agrees that it was their number one priority. He commented on the large amount of truck traffic in that area. He stated that before they could improve their downtown area and make it a friendlier city, they have to remove that truck traffic, which would allow them to make the downtown corridor larger to bring in more businesses to stimulate the economy. He concluded that this would be a benefit to the City of Groveland.
Commr. Conner asked about the communication between the County and FDOT regarding the likelihood of this project getting funded at some point in time. He commented that since the City owns a lot of the right-of-way, that would reduce the expense of it. He stated that even though he still has concerns about this, he would support it and that it seems more likely that this project would get funded.
Mr. Stivender stated that this study was at first going to be done jointly with the City and the County, and it was suggested that it would probably be better served if FDOT was running the project, which would mold and solidify the future of the project, with both the County and the City agreeing with that. He added that they have looked at some alignments and think they know the right place to put it, but the location would ultimately be determined by the PD&E.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 30, the request from Public Works for (1) approval of the Locally Funded Agreement between the State of Florida Department of Transportation and Lake County for the PD& E Study of the State Road 50 Realignment through downtown Groveland and (2) approval of the Memorandum of Agreement between the State of Florida Department of Transportation and Lake County to fund the study from County Transportation Impact Fees.
rezoning agenda
rezoning consent agenda
The Chairman opened the public hearing regarding the Rezoning Consent Agenda.
There being no one who wished to address the Board regarding these items, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Renick and carried by a vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 1 - Ordinance No. 2010-6
Rezoning Case No. PH#3-10-4
Northstar Lakeside LLC
Lake County Planning and Community Design Division and Ray Sindell
Lakeside Memorial Gardens
Request to rezone property from Urban Residential (R-6) to Community Facility District (CFD) for the existing cemetery facilities and revoke Conditional Use Permit #307-5.
Tab 2 – Ordinance No. 2010-7
Rezoning Case No. CUP #10/1/2-4
American Tower/Florida Twin Markets, Inc./Edward Renninger
Lake County Board of County Commissioners
Request to amend Conditional Use Permit (CUP #09-10/1-4) in the Agriculture (A) and Planned Commercial (CP) Zoning District to correct a scrivener’s error in the lease parcel legal description.
rezoning regular agenda
rezoning case ph#17-09-e – christopher c. ford commerce park
Mr. Brian Sheahan, Planning Director, noted that the meeting was properly advertised.
Mr. Steve Greene, Chief Planner, stated that Rezoning Case No. 17-09-3 regarding Christopher C. Ford Commerce Park DRI, was a request to consider the rezoning application that came to them by way of a Notice of Proposed Change (NOPC) to amend the approved Development Order (DO) of the DRI, Ordinance No. 1999-80. He explained the County approved a DRI for industrial uses in 1999, and the property was approximately 733 acres in size and located at the southwest intersection of U.S. Hwy 27 and SR 19. He added that the property was bordered by PUD/CP zoning on the north, Agricultural and MP zoning to the south, Rural Residential and CP on the east, and the Residential and Agricultural zoning on the west. He reported that the Zoning Board considered this request to amend the DO on February 3 for the purpose of adding new uses and to clean up some old conditions in the previous development order. He showed the Board the extent of the DRI and some of the parcels that had been created since its platting. He noted that a portion of the DRI on the northeast side overlaps the City of Groveland, and one of the conditions is that that be addressed with the adoption of this DO. He reported that the Regional Planning Council found this amendment to be consistent with state law, deemed it to be a non-substantive deviation, and gave them a recommendation to proceed with the rezoning consistent with the County’s rezoning regulations. He also related that the Zoning Board approved this request 5-0, and staff recommends that the Board consider that favorable approval with the conditions specified in the DO.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Hill stated that she would like to possibly add a walk-in medical clinic or pediatric medical facility to the uses for any employees working in the Park, especially since they did have a child care center there.
Mr. Greene responded that that was presented with that possibility and consideration, and staff added that use to their Exhibit E under “Permitted Uses” under the category of “Health Care and Social Assistance.” He explained that would give future property owners the ability to locate such uses within the DRI.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2010-8 for Rezoning Case No. PH#17-09-3, Lake County Board of County Commissioners, Christopher C. Ford Commerce Park DRI, Sandy Minkoff, Interim County Manager, requesting a Notice of Proposed Change (NOPC) to amend the Christopher C. Ford Commerce Park Development of Regional Impact (DRI) approved by Development Order (DO), Ordinance #1999-80, with the new ordinance to improve the land management of the parcels within the DRI.
rezoning case #5-10-2 – headquarter orlando – anita geraci, esq.
Mr. Sheahan explained that Rezoning Case No. 5-10-2, Headquarter Orlando, came to light when a previous applicant moved forward with a request to do a service bay, and the applicant indicated that he would like to do repair work to cars and vehicles on the site. The Board had placed a condition in the ordinance that required that ingress and egress to any service repair area be located in an east-west orientation. He illustrated a depiction of the site plan on the monitor, and he pointed out the area where the applicant, staff, and the Commission understood repair work and service work would take place. He stated that once the building began construction, it came to light that the applicant had intended to do a quick service area for oil change and tire rotations, which they considered to be light maintenance, and understood that not to be included in the service repair area. He noted that that detail was not clear in the ordinance, and this was being brought forward to the Board to make that absolutely clear in the ordinance. He reported that staff’s evaluation of the request looked at the distance from the point of an open bay door to the south property line, which was adjacent to Jefferson Street, and he pointed out where the closest residents lived. He specified that it was a residential subdivision, and there were several conditions placed in the ordinance to protect those residents, such as the use of PA systems being prohibited, dark lighting standards, and a soundproof wall in place that was a minimum of six feet from the crest of Jefferson Street. He also mentioned that in addition to that, the back of the service area to the wall was almost 200 feet.
Mr. Sheahan showed some slides depicting the site, including the back of the service bay, the lifts inside of the bays, the carwash, and the sound-deadening wall. He also showed a video which started out at the extreme east of the property at the location of the retention pond on Jefferson and driving to the end of Jefferson Street, which illustrated the limited visibility of the top of the building and the staggering of the wall. He also noted that the applicant provided a copy of the noise study that morning demonstrating that there would be no expected noise impacts from this activity.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Renick related that the location of the doors was done with the noise issue in mind to accommodate the residents of the nearby neighborhood. She commented that she was not worried about the visual aspects at all, but her concern was regarding the sound of the pneumatic drills. She related that staff had recommended 75 decibels as an appropriate limit, and she suggested that they add in the ordinance that if any noise was generated from inside the quick service area above 75 decibels at the south property line either continuously or intermittently, then the bay doors would have to be closed.
Commr. Cadwell asked the applicant if he had any problem with that condition being put in the ordinance.
The Applicant indicated that that condition would be fine.
Commr. Conner expressed appreciation regarding the concessions that the applicant was willing to make, and opined that the Honda dealership has gone above and beyond in working with the County. He added that he thought that they would be a real credit to this community and would be providing a lot of jobs for residents.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2010-9, for Rezoning Case No. PH 5-10-2, Headquarter Orlando, LLC, Ms. Anita R. Geraci, Esquire, request to amend Ordinance #2008-79 granting vehicular sales to specifically exempt a Quick Lube from the restriction on Service Repair Areas limiting the ingress/egress to such uses to an east-west orientation and to specifically exclude the car wash, with the added language in the ordinance stating that if noise generation from inside gets above 75 decibels at the south property line either continuously or intermittently, then the bay doors would have to be closed.
regular agenda (cont’d)
other business
appointments to library advisory board
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the following appointments to the Lake County Library Advisory Board from the municipalities of Tavares, Mount Dora, and Minneola to serve four-year terms ending February 28, 2014:
Tavares:
Member: Tamera Rogers (reappointment)
Alternate: Beth Sindler (reappointment)
Mount Dora:
Member: Glenna Burch (appointment)
Alternate: Tom Eppich (appointment)
Minneola:
Member: Keith Crowe (reappointment)
Alternate: Rick Roderick (reappointment)
appointment to board of adjustment
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board rescinded the reappointment of Howard Fox as representative on the Board of Adjustment made on January 6, 2009 for a four-year term beginning February 1, 2009 and appoint Mr. Tim Morris to serve the remainder of the unexpired term ending February 1, 2013.
appointments to solid waste alternatives task force
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board appointed Mr. Dan Gorden for District 3 to the Solid Waste Alternatives Task Force.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board appointed Mr. Richard Grier for District 1 to the Solid Waste Alternatives Task Force.
Commr. Cadwell suggested that they look into the background of Kris Creeden, who was an applicant for this position.
appointment to library advisory board from city of umatilla
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the appointment of Patricia Gallagher to the Lake County Library Advisory Board from the City of Umatilla to serve a four-year term ending February 28, 2014.
REPORTS – COUNTY ATTORNEY
resolution instituting eminent domain process
Ms. Melanie Marsh, Acting County Attorney, explained that Tab 35 was a request for approval to authorize the eminent domain process for a parcel they needed off of Old Hwy 441 and CR 46.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request from the County Attorney for approval of Resolution No. 2010-15 instituting the eminent domain process for acquisition of property located at the intersection of Old US Highway 441 and CR 46, and approval to proceed with pre-suit negotiation offers.
REPORTS – COUNTY MANAGER
discussion regarding transportation impact fees
Mr. Sandy Minkoff, Interim County Manager, stated that the County Attorney’s Office had prepared an ordinance regarding transportation impact fees, which he believed was currently advertised for approval on March 2. He related that Growth Management staff did bring this issue to the Impact Fee Committee, and the Board was provided with their recommendations and the draft minutes from the Impact Fee Committee. He reported that the committee appeared to unanimously vote against using economic development funds to pay transportation impact fees, and by a vote of 5-4, the committee recommended not suspending the impact fees, but felt that if they were going to suspend them, the County should only do it for a year. He noted that this was placed on the Agenda just for discussion today, with the actual action to occur next Tuesday at the advertised hearing.
Commr. Hill emphasized that the Impact Fee Committee wanted to keep those incentive fund monies in the program with the procedures that are in place. She also noted that the committee wanted to stress to the Board that they need to consider and address the alternative means of funding for roads that were outlined in the Transportation Alternative Funding Task Force Report, which they have included in the assumptions and the methodology for the study which come back in April. She also opined that they should look at the long-term implications of the decision to suspend the fees, and she suggested eliminating all impact fees until the new study is done.
Commr. Cadwell commented that he did not think that short-term elimination of impact fees would help in the long run. He wanted to try to benefit in some way the business community, and he still believed that suspending the collection of transportation impact fees 12 months from the date of adoption was something they could do to send a positive message that the County was trying to help them. He opined that while they would lose some impact fee dollars, they would at least collect some ad valorem taxes off of those properties if this worked to make up for some of that lost revenue.
Commr. Renick was concerned that the Impact Fee Committee did not have the benefit of the pros and cons list that the Board received, which she felt showed that there would be a lot of unintended consequences with lifting the impact fees, such as creating a considerable hardship for and being unfair to companies that had already worked out impact fees with the Public Works Department, since it would render their impact fee credits worthless. She mentioned that some developers she talked to thought that impact fee suspension would not stimulate anything. She was also concerned that by considering this proposal, the County was causing companies to wait to see what would happen before they started any commercial development. She opined that this would not accomplish what they intended to accomplish and would create some problems for some developers that have negotiated in good faith with the County, and she could not support it.
Commr. Conner commented that some people that were currently unemployed might find work if they waived these fees temporarily, and he thought they should at least try this for a year. He was concerned that if they did not approve this, there would be a perception that this Commission was anti-business.
Commr. Hill was concerned with the people that have already gone through the deferral of their impact fees and set up a payment plan.
Commr. Stewart commented that their businesses need help and bring enough money into the County to more than pay for themselves.
Commr. Renick pointed out that some jobs could be lost by the halt of road projects.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to bring the ordinance regarding transportation impact fees back for public hearing on March 2, with the wording that they would suspend the collection of transportation impact fees for 12 months from the date of adoption.
mt. plymouth/sorrento library
Mr. Minkoff informed the Board that he had met with Commr. Stewart and representatives from the Chamber of Commerce, which holds the lease for the Mt. Plymouth-Sorrento Library, and the Chamber did commit to allow the County to cancel the lease even after June, but they did not discuss the amount of the rent. He also noted that staff believed that using some temporary employees in their current budget would allow the County to keep all of the libraries open with the current hours for another month or two while they went through the budget discussion. He suggested to the Board that they look at the libraries at the same time they were looking at the entire budget so that they could weigh all of the choices at the same time. He also stated that he wanted to schedule two or three half-day budget meetings at the end of March or the beginning of April.
Commr. Hill mentioned that Ms. Emogene Stegall, Supervisor of Elections, informed her that they used the libraries as polling places.
Mr. Minkoff assured Commr. Hill that they were working closely with Ms. Stegall. He also stated that he would get the information out to the community that they would not be discussing the library issue at the March 2 BCC Meeting.
REPORTS – COMMISSIONER conner – DISTRICT 3
resolution to be presented to russ sloan for book
Commr. Conner asked the Board either to prepare a resolution and present that to Mr. Russ Sloan or ask the Chairman to write a letter thanking him for the preparation of the book “Lake and Sumter Counties, Florida’s Heartland,” and he opined that he thought that this book was going to be a great economic development tool for Lake County.
There was consensus to present a resolution to Mr. Sloan.
central florida sports commission breakfast
Commr. Conner related that on February 19 he attended the Central Florida Sports Commission breakfast and seminar in Orlando in conjunction with the Orlando Business Journal regarding the relationship of sports and economic development and that 300 or 400 distinguished business leaders attended that. He commented that the economic impact that sports was bringing into Central Florida was phenomenal and was one avenue of economic development that Lake County was having success in.
maintenance contract for radio system
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board asked the County Manager and County Attorney to research the maintenance contract of their radio system, how it was presented to the Commission at the time, research of maintenance fees, funding alternatives, and any communication with the cities regarding their responsibility to fund any of the $1.6 million cost of that system.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
wearing jeans for donation to relay for life
Commr. Stewart recapped that she spoke last week about the upcoming Relay for Life event, and she was encouraging everyone to get involved. She asked if the County could have a blue jeans day or week for fighting cancer where they would allow the County employees to wear blue jeans for a $5 donation to Relay for Life.
Commr. Cadwell pointed out that generally any type of contribution or donation was first presented to the Employee Advisory Committee. It was decided to present this idea to that committee, and have the County Manager go forward with it if it was agreeable to the committee.
REPORTS – COMMISIONER CADWELL – CHAIRMAN AND DISTRICT 5
tour of state emergency operations center
Commr. Cadwell related that during Lake County Days, Mr. Jerry Smith, Emergency Management Director, arranged a tour of the State EOC (Emergency Operations Center) for him, Mr. Minkoff, Mr. Stivender, and Mr. Sheahan, and he noted that the State was very knowledgeable and supportive of the Lake County EOC project and committed to the completion of the project.
zoning problem of gas station owner
Commr. Cadwell related the problem of a constituent who owned a gas station business at the corner of Kurt Street and US Hwy 441, who was somewhat effected by the six-laning of Hwy 441 and had to change some of his entrances. He explained that even though he followed FDEP regulations, the business owner ran into problems when it was time for him to move his pumps, tanks, and canopy while he was remodeling and improving the station, because his original zoning ordinance stated that he would have to go through another rezoning process if he moved the canopy to avoid it being too close to the highway, even though he was actually moving it further away from the highway. He asked the County Attorney’s Office and the Planning staff whether they could look into some type of agreement where he would still have to go through the process, but he could move forward with the construction and reopening of his business. He opined that this was a common sense thing.
Commr. Stewart commented that she has been trying to resolve this problem also, because this problem was not the business owner’s fault, since it was inconvenient for him to keep the pumps where they were after the widening of the highway took away some of his land.
Commr. Conner stated that they needed to figure out how to help businesses, and he opined that this is one example of that. He added that he appreciated Commr. Cadwell bringing this forward.
Mr. Minkoff commented that if they allowed people to break the rules, sometimes things happened that cause people to be extremely critical of the Board. However, he stated that they would be glad to comply with the Board’s direction on this.
There was consensus to have Ms. Marsh, Acting County Attorney, look into that issue.
Commr. Renick wanted to point out that Cagan’s Crossing did not get out of paying impact fees, and those fees were deferred rather than waived.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:45 a.m.
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welton g. cadwell, chairman
ATTEST:
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NEIL KELLY, CLERK