A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
March 16, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, March 16, 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; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Brenda Law, Deputy Clerk.
INVOCATION and pledge
Reverend Karen Burris from the Morrison United Methodist Church gave the Invocation and led the Pledge of Allegiance.
Agenda update
Commr. Cadwell stated that he wanted to add a request from Brevard County for a resolution to acknowledge the space program and its importance to the State of Florida.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved adding the said item to the Agenda.
Commr. Cadwell commented that he would also like to add the appointment of an alternate to the Canvassing Board for the upcoming election.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the addition of the said item to the Agenda.
MINUTE APPROVAL
Commr. Hill stated that she would like to pull the February 2, 2010 minutes because she would like to listen to the recording before approving them.
On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 12, 2010 (Regular Meeting) as presented, and the Minutes of February 9, 2010 (Special Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 8, 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.
Southwest Florida Water Management District 2010 Consolidated Annual Report
Request to acknowledge receipt of the Southwest Florida Water Management District’s 2010 Consolidated Annual Report on cd.
Town of Lady Lake Ordinance 2009-30
Request to acknowledge receipt of the Town of Lady Lake’s Ordinance 2009-30 re-designating zoning classification for certain property being 9.56+/- acres of land owned by WRYP, LLC located at 600 CR 466 from Lake County Community Facility District to Lady Lake Public Facilities District (PFD).
City of Umatilla Ordinance 2009-C
Request to acknowledge receipt of the City of Umatilla’s data cd with Ordinance 2009-C adopting the Ten Year Water Facilities Work Plan and an update to the following chapters of the city’s Comprehensive Plan: Capital Improvement, Public Facilities, Conservation and Intergovernmental Coordination.
City of Groveland Ordinance 2009-12-49
Request to acknowledge receipt of the City of Groveland Ordinance 2009-12-49 extending and increasing the corporate limits of the City of Groveland, annexing 205.253 +/- acres of Lake County.
Tourism Development Resort Tax Chart
Request to acknowledge receipt of the Tourism Development Resort Tax Chart. Fiscal Year January 2010 revenue is down 3.5% compared to Fiscal Year January 2009, and is down 23% compared to the first four months in 2009.
The next TDC regularly scheduled meeting will be held on Wednesday, March 17, 2010 at 4:00 p.m. in the Administration Building in Board Chambers in Tavares.
Town of Lady Lake Ordinances
Request to acknowledge of receipt of the following Ordinances from the Town of Lady Lake, along with cover letter:
Ordinance 2009-15 amending Ordinance 2008-09 pertaining to the Town’s Development Regulations: Chapter 17, Sign Regulations; Amending Section 2 A) & D) – Permitting Requirements; Section 3 B) & E) – General Requirements; Section 5 B), D), E) & F) – Temporary Signs Requirements; and Section 7 A) Prohibited Signs.
Ordinance 2009-27 amending the Land Development Regulations (Ordinance 2008-10); Chapter 10 entitled Landscaping and Tree Protection and (Ordinance 2008-33) Chapter 2 Entitled Definitions and Interpretations.
Ordinance 2009-28 annexing property being 9.56 acres of land owned by WRYP, LLC located at 600 CR 466 on the south side of CR 466, west of Rolling Acres Road.
Ordinance 2009-29 pertaining to Comprehensive Planning in the Town, amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town’s Comprehensive Plan, providing for a small scale Future Land Use Map amendment.
Ordinance 2009-31 amending the Town’s Comprehensive Plan; providing for updates to the Capital Improvements Element, Chapter 8.
Ordinance 2010-04 deleting Ordinance 2009-08; deleting and replacing in their entirety Sections 16 and 17 of the Town’s Land Development Regulations, Chapter 3 entitled Developmental Procedures and Regulations.
City of Groveland Ordinance 2009-12-49
Request to acknowledge receipt of a copy of Ordinance 2009-12-49 from the City of Groveland annexing 205.253 acres of Lake County located in Section 10, Township 21 South, Range 25 East, along with a map indicating the location of the site.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, 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 16 as follows:
Community Services
Request for approval of the Standard Coordinator Contract with Kinsman Transportation, Inc. to provide transportation services for the Agency for Persons with Disabilities for the developmentally disabled citizens.
Request for approval and authorization for the Chairman to sign the FY 2008-09 CDBG-R Interlocal Agreement between the County and Town of Astatula in an amount not to exceed $9,800 to construct sidewalks, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
Request for approval and authorization for the Chairman to sign the FY 2009-10 CDBG Interlocal Agreement between the Town of Astatula and the County in an amount not to exceed $32,300, granting the Town CDBG funds to make improvements to Swaffer Park, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
Fiscal and Administrative Services
Request for declaration of the items on the attached list surplus to County needs, authorize the removal of all items on the attached list from the County’s official fixed asset inventory system records, and authorize the Procurement Services Director or designee to sign the vehicle titles.
Public Safety
Request for approval and execution of the Hazards Analysis Update, Scope of Work Acceptance, between the State of Florida, Division of Emergency Management and Lake County, by the Lake County Board of County Commissioners. This Agreement provides revenue to the Emergency Management Division. No local match is required.
Request for approval of FY2009 State Homeland Security Grant Program (SHSGP) Agreement in the amount of $39,500 and Resolution No. 2010-19. This Agreement provides revenue to the Emergency Management Division. No local match is required.
Request for approval of FY2009 Emergency Operations Center (EOC) Funding Agreement in the amount of $1,000,000 and Resolution No. 2010-20. This Agreement provides revenue to the Emergency Operations Center (EOC) Construction Project. Local match is currently funded from the previous grant allocation of $1,000,000.
Request for approval of Modification # 3 to Agreement with the State of Florida, Division of Emergency Management, to extend the expiration dates for State and Federal funds awarded for the Lake County Emergency Operations Center (EOC) Project. This Agreement provides revenue for the EOC Construction Project.
Request for approval of Modification # 2 to Agreement with the State of Florida, Division of Emergency Management, to extend the expiration date for funds awarded for the Lake County Emergency Operations Center (EOC) project to June 30, 2012. This Agreement provides revenue for the EOC Construction Project.
Request for approval of Modification # 1 to the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement, to accept Emergency Management Performance Grant (EMPG) Funds in the amount of $40,303.18. This Agreement provides revenue for the Emergency Management Division. Local match is currently funded.
Public Works
Request for approval and signature of Resolution No. 2010-21 to advertise Public Hearing for Vacation Petition No. 1152 to vacate a portion of right of way on Number Two Road in Howey-in-the-Hills area.
Request for approval to advertise for bids for CR-473 and $5335 Treadway School Road Intersection Improvements at an estimated cost of $550,000.00 from Road Impact Fees Benefit District 3 Fund.
Request for approval to advertise for #4756 David Walker Drive and #4956 Mount Homer Road Intersection Improvements at an estimated cost of $260,948.00 from the Federal/State Grants Fund.
Request for approval and acceptance of the submitted list of public right of way deeds that have been secured in conjunction with roadway and/or Stormwater projects.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 17 through 19 as follows:
Request for approval to advertise an Ordinance Establishing Advertising Regulations for Parks.
Request for approval of Temporary Utility Easement to the City of Tavares for underground sanitary lines on the west half of the unnamed alleyway located in Block 39 of the Judicial Center parking lot and authorize the Chairman to execute the easement document.
Request for approval of Utility Easement to the City of Leesburg on the Dead River Road Stormwater/Public Lands Property located at 3900 Dead River Road (Alt key 3781315) and authorize the Chairman to execute the easement document upon receipt of $3,800.00 from the City of Leesburg.
presentations
Resolution no. 2010-18 “lake and sumter counties – florida’s heartland”
Commr. Conner stated that Mr. Russ Sloan, Lake Sumter Business Resource Center, developed the “Lake and Sumter Counties – Florida’s Heartland” book, which showcased Lake County, and included a section on each city along with some of the County’s heritage. He mentioned that the book is an excellent economic development tool, and commended Mr. Sloan for his time and dedication on this project.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Resolution 2010-18 recognizing Mr. Russ Sloan for his publication of “Lake and Sumter Counties – Florida’s Heartland” book.
Commr. Cadwell thanked Mr. Sloan for all his hard work and presented him with Resolution 2010-18.
Mr. Sloan stated that he worked very hard to make sure that the book would be useful for the County’s Economic Development and Tourism Departments. He mentioned that it was also a great recruiting tool, and noted that one of the local hospitals requested ten books to recruit doctors and nurses to the area. He commented that while writing this book he discovered that Lake County has a lot of local talent. He thanked the Board for this recognition on behalf of everyone that contributed to the book.
Emergency operations center (eoc)
Mr. Minkoff stated that Jerry Smith is going to give a presentation on the Emergency Operations Center (EOC), and noted that Sheriff Gary Borders and Mr. Jim Judge, Lake-Sumter EMS, were in attendance. He commented that he anticipated presenting the Board with a contract for the architect. He reported that the selection committee interviewed architects and narrowed it down to three firms, and the County is currently negotiating with the top firm. He asked the Board to give staff direction on what should be included in the EOC. He reported that staff’s recommendation is to include office space for the Emergency Management Department, the communications center for the Sheriff and EMS built large enough to handle dispatching communications for the entire county, and the EOC function.
Mr. Jerry Smith, Emergency Management Director, presented pictures of the current EOC facility that has a room capacity of 65 positions in the operations center. He stated that staff identified the need for a position for each of the municipalities and other community partners after the Ground Hog Day Tornadoes a few years ago.
Commr. Cadwell clarified that the Emergency Management Department only has four full time and one part time employee, and that the reference to the 65 positions are only active during an emergency event.
Mr. Smith described some of the problems with the current EOC rooms, specifically the lack of separation from general services in the County Administration Building, the lack of a secure executive policy room, and the unsafe building features such as the skylights and door storefront. He presented pictures of the Lake County Sheriff’s communication center which is in approximately a 1,000 square foot space with 12 workstations. He displayed a photo of the server/equipment room that is located in a closet, and noted that the increased equipment from the enhanced 911 system will have to be located outside of the closet. He presented pictures of the Lake-Sumter Emergency Medical Services facility that houses nine workstations in approximately 1,000 square feet. He displayed pictures of the Citrus County EOC facility which included a media room, operations room, amateur radio room, training room, executive policy group room, kitchen/break room, and a dispatch room. He indicated that the media room is an important component in the design because it allows the media to have a space to work and report to their home locations, and the room has a window that allows them to shoot footage without disrupting the operation. He pointed out that Citrus County’s operations room contained noise dampening material which is important because it can become quite noisy due to the number of people in the room during activation. He commented that while the County’s public safety system is very good, it does not communicate with all of the County’s neighbors and community partners, and opined that it is important to have the amateur radio room feature. He noted that Citrus County’s dispatch room currently has 18 workstations with the ability to add an additional nine workstations in approximately 3,500 square feet.
Mr. Smith presented photos of the Marion County EOC facility which included an operations room, training room, executive policy group room, break area, secured storage area, citizen’s information line room, and server room. He stated that the Marion County communication center could not be toured because it was under construction. He indicated that he liked the secure storage system which allows for more storage in a smaller area. He noted that Marion County had a battery backup system which allowed for 15 minutes of backup to switch from commercial power to generator power. He displayed photos of the Osceola County EOC facility that included an operations room, executive policy group room, media room, dining/break room, training room, dispatch locker area, dispatch room and server/equipment room. He stated that he would like to evaluate the option of a locker area in the Lake County design for the overnight workers. He displayed photos of the Seminole County EOC facility that included a training room, operations room, executive policy group room, break area, traffic management area, Sheriff’s dispatch room, server room and the EMS/Fire dispatch room. He noted that the Seminole County facility was two stories with the operations room on the second floor. He stated that he would like Lake County to consider including a traffic management area if the grants are available.
Mr. Smith reported that Lake County currently has approximately $4.5 million available for the funding of the EOC project. He stated that the budget consists of $3 million for the construction of the facility and $1.5 million to harden the entire facility, not just the EOC portion. He commented that the federal grants require a local match which will come from state funding, property value, in-kind service and staff time for managing the project. He explained that the last contract totaling $800,000 from the Department of Homeland Security is expected to be received after October 1, 2010. He reported that there are some additional potential funding sources including the 911 grants, landscaping grants, Energy Efficiency Community Block Grant, and traffic management grants. He stated that staff anticipated submitting the architect contract to the Board next month for approval. He presented an accelerated schedule that expected programming to take two months followed by six months of design. He commented that staff is estimating design approval by FEMA within three months of submittal. He stated that the bid process should take approximately two months, and the actual construction of the facility to take another 12 months with a projected completion date of May 2012. He noted that the projected completion date is before the 2012 hurricane season and prior to the first major expiration of the grant funding. He presented staff’s recommendations for the EOC to include office space for the Emergency Management Department, co-located central communication center for the Lake County Sheriff’s Office and Lake-Sumter EMS with expansion capabilities for the possible consolidation of dispatching services, traffic management function depending on grant funding, and a large server room to provide backup for the Board and other constitutional officers.
Mr. Minkoff stated that the County has the funds to build the EOC and office space, but is likely short for the entire project, and noted that the amount of the shortage is unknown, which is the purpose for the first phase of the architectural work. He commented that the County is going to create a team consisting of members from all of the agencies involved for input on the EOC. He stated that he was hopeful that the County would be able to fund the entire project, and stated that the funding for the project would be presented to the Board for a final decision in June.
Commr. Cadwell commented that he was interested in pursuing staff’s recommendations, especially the portion regarding communications.
Commr. Conner asked why the County needed an architect to determine the size of the facility.
Mr. Minkoff reported that the architectural service will meet with each agency to evaluate the amount of space that is going to be needed in the communication center, and they will anticipate growth to make sure it is built to the appropriate size.
Commr. Conner asked if the County had an architect on staff.
Mr. Minkoff stated that the employee that has the architectural license is not capable of performing the architectural services for this project.
Commr. Conner commented that a prototype design would save a lot of money in architect fees, and asked if there was a county similar in size with an EOC that we might want to use as a prototype instead of doing a design build.
Mr. Minkoff stated that the Board has toured five different facilities, and that there is a planned tour of the Hernando County facility which was recently finished by the architects. He commented that there does not seem to be a prototype because all of the facilities appear to be different; however, he noted that the EOC tends to be on one floor while the communications center is on another.
Commr. Conner asked Mr. Smith if there was a particular facility that he preferred.
Mr. Smith responded that he likes components of all of the facilities that the County has toured. He mentioned that the shape of the site is going to dictate some of the design which is the need for the architectural services. He stated that most of the facilities built by our current architects have been two story buildings. He suggested that the County may be able to use the Hernando County facility as a model in an effort to save money.
Commr. Conner commented that he would be interested in doing a modified prototype to save architect fees if there is a model that we would like to follow.
Mr. Minkoff stated that the County has been aggressive in negotiations with the architect, and noted that the rates are lower than what architects have recently been paid for other County projects.
Commr. Conner asked if the construction component of the schedule was accelerated.
Mr. Smith responded that the construction schedule was based on a presentation by one of the architects which stated that the facility could be built in a 12 month period.
Commr. Conner clarified that there were not going to be increased labor costs during the construction period to accelerate the project.
Mr. Smith reported that staff was evaluating the potential savings of ordering hardware and fixtures in bulk with the materials for the judicial center.
Commr. Conner opined that the communications portion of the building should be built with the plans for future expansion and the possible consolidation of dispatch services. He noted that some funds were budgeted for capital projects. He stated that he would support spending some of the capital funds if the facility was built to the size for future planning.
Commr. Cadwell thanked each commissioner for touring the facilities in other counties, and noted that it was educational for him.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board directed staff to move forward with their recommendations for the EOC.
Commr. Conner stated that he was impressed with the operation in Marion County which is under the direction of the Sheriff, and suggested that Lake County have a discussion to evaluate the advantages and disadvantages of that setup.
Commr. Cadwell explained that the County has gone through that exercise in the past, but commented that the Board could have that discussion again at some point.
Commr. Conner asked if the other commissioners were interested in having that discussion.
Commr. Renick responded that she was interested in having the discussion, because she toured the Citrus County facility which is operated under the sheriff.
Commr. Cadwell opined that the County’s current system is the best option, but agreed that the Commission can go through the exercise again. He commented that he is a strong supporter of Sheriff Borders, but indicated that one of the problems with that system is that a new sheriff could be elected which would change the operation. He suggested adding this issue to a future workshop for discussion.
Commr. Conner thanked Mr. Minkoff and staff for involving the Commission early in the process.
Mr. Minkoff stated that staff will schedule that discussion in the next couple of months.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
public works
local agency program agreement (LAP) between lake county and the florida department of
transportation
Mr. Jim Stivender, Public Works Director, reported that five of the ten projects approved under the first stimulus are completed, and CR-42 and CR-448 are actively under construction and should be completed in June. He indicated that there are rumors of another stimulus, and noted that the Florida Department of Transportation (FDOT) District V is assisting the County to prepare projects to be funded by the expected stimulus. He reported that there are four resurfacing projects and one bridge project that staff would like approved. He noted that the projects are in order based on need and that all of the resurfacing projects are part of the ‘90 miles of ugly roads’ which were presented last year. He identified CR-448 from Leesburg to the Sumter County line as the first project. He commented that the second project is for Sleepy Hollow Road from Sunnyside Drive to three-tenths of a mile south of US Highway 441. He stated that the third project is for CR-44 west of Haines Creek from one-tenth of a mile west of North Silver Lake Road to Poe Street, and mentioned that the portion of CR-44 east of Haines Creek has already been completed. He reported that the fourth resurfacing project was for CR-452 from CR-44 to a point near Sandy Lane. He noted that staff received an email that CR-452 has been qualified and in the process of being federalized which would allow the portion west of the fairgrounds to be resurfaced. He stated that Congresswoman Ginny Brown-Waite was able to secure funding last year totaling $750,000 for the last project, Lakeshore Drive Bridge. He reported that staff received the bids for the Picciola Bridge project which were higher than expected, and stated that staff would carefully review those bids and report back to the Commission. He asked the Board to approve Tabs 22 through 26 executing the “tentative” Local Agency Program Agreement (LAP) between Lake County and FDOT.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tabs 22 through 26 executing the “tentative” Local Agency Program Agreement (LAP) between Lake County and FDOT.
Commr. Conner asked if staff was going to review the Picciola Bridge bids and bring them back before the Board for approval.
Mr. Stivender responded that the bid will have to be awarded by the Board. He reported that a quick review of the bids indicated that the bids exceeded the estimates by $1 million.
Commr. Conner clarified with Mr. Stivender that there were previous discussions about closing the bridge and requiring the residents to take a different route around the bridge, and asked how much money would have been saved if the bridge was closed.
Mr. Stivender stated that closing the bridge would cut the cost of the project in half in regards to price and time.
Commr. Conner asked how much the County could save by closing the bridge.
Mr. Stivender answered that he did not have the figures today, but would report back to the Board after thoroughly reviewing the bids.
Commr. Cadwell confirmed that the bids received include the bypass bridge. He noted that the County had several public meetings about the bridge.
Commr. Conner asked if there were a lot of residents opposed to the bridge closing.
Commr. Cadwell responded that there was a lot of opposition.
Commr. Conner commented that he does not want to inconvenience anyone He stated that he does not know if the alternative route is a five or 20 mile detour, but stated that it was worth revisiting this issue because there is $1 million at stake.
Commr. Cadwell asked if staff still had all of the information on this project from the last time it was presented to the Board.
Mr. Stivender replied that he has all of the information previously presented to the Board, and explained that he will compare the projections to the bids received. He stated that he would identify the mobilization and MOT traffic for this job. He explained that residents have to use Eagles Nest as that is the only means around the bridge, which is a detour of between 10 and 20 miles.
Commr. Conner asked how many residents would be affected by the detour, and why this project is over budget when all of the other County projects are coming in less than what was expected.
Mr. Stivender stated that staff received the bids last Thursday and has not had a chance to thoroughly review them. He commented that it was his intention to make the Board aware of the overage and will report back to the Board with the specifics in a few weeks.
Commr. Cadwell asked staff to include the response time for police, fire and medics when the matter comes back before the Board. He stated that the Board could discuss this matter again because he was not comfortable with the decision made last time.
Commr. Conner asked about the status of the King’s Ridge traffic study.
Mr. Stivender stated that a consultant is reviewing the intersection and will submit a report within the four to six week timeframe.
public hearings
neighborhood stabilization program (NSP)
Mr. Bill Gearing, Community Services, stated that the public hearing for the proposed amendment to the Neighborhood Stabilization Program (NSP) was advertised in the Orlando Sentinel on Sunday, February 28, 2010. He explained that some of the NSP partners are having difficulty obtaining foreclosed homes within the established $80,000 to $100,000 price range because everyone else including investors are purchasing these homes and the NSP requires a one percent discount on the purchase price. He mentioned that the HUD representatives in the Jacksonville office reported that other NSP recipients were encountering the same problems, and noted that the Jacksonville office approved the proposed amendments to expand the areas of greatest need. He stated that the amendment would have to be approved by the federal HUD office after being approved by the Board. He commented that staff would also like to add Eligible Use E and its activities to Lake County’s NSP plan which would allow the County to use funds for other activities if there are unobligated funds prior to the September 2, 2010 deadline.
Commr. Cadwell mentioned that he met with Mr. Ron Sims, HUD Deputy Secretary last week while visiting Washington D.C., who acknowledged that the program would continue to change and did not foresee any problems with the proposed modifications.
The Chairman opened the public hearing.
Mr. Fred Kramner, Friends of Ferndale, stated that Ferndale submitted an application for funds under Eligible Use E. He asked if Ferndale’s application was still included in the NSP plan.
Mr. Minkoff stated that the specific reference to the Ferndale project was removed from the plan because the Board had not approved or discussed the selection process for the Eligible Use E funds. He noted that this would allow the Board to review all projects in the County and determine the use of any available funds. He commented that the County has not asked any communities to apply for these funds since it has not been available for that purpose.
Commr. Renick asked how Ferndale knew to apply for these funds. She stated that she thought of Ferndale when she reviewed the language for Eligible Use E. She asked how the previous language read.
Mr. Minkoff stated that he did not know how Ferndale knew to apply for these funds. He reported that the previous language specifically identified the Ferndale project. He explained that the amendment is currently written to allow the Ferndale project but also allows the Board to consider other communities as well.
Commr. Conner commented that including Ferndale did not preclude other communities from applying for any remaining funds.
Mr. Minkoff clarified that the original language obligated those funds for Ferndale only.
Commr. Conner asked how much funding was allocated to the Ferndale project.
Mr. Gearing stated that no funds were allocated to Eligible Use E which would include the Ferndale project because the language was only added as a contingency if the funds were not going to be obligated by the deadline.
Commr. Conner commented that he would like to reward communities that are aggressive and take action. He stated that he would support specifically referencing Ferndale for the Eligible Use E funds.
Commr. Renick stated that Ferndale does not need to be specified in the language but that there does need to be an understanding by the Board that Ferndale put in the effort and pursued this opportunity and should be the first community entitled to the funds. She commented that she hoped that the County would work to make sure all communities are aware of these opportunities in the future.
Commr. Cadwell noted that Ferndale put in the effort to be included on the Eligible Use E list that did not have any funding.
Mr. Gearing explained that it was staff’s intention to include Eligible Use E as a contingency in the event that the funds were not obligated due to the difficulties the NSP partners were having in obtaining properties.
Commr. Cadwell asked who Ferndale would be competing against for these funds.
Mr. Gearing reported that any community that would like to purchase an abandoned or foreclosed building would be eligible for those funds.
Commr. Stewart expressed her support for Ferndale.
Mr. Kramner stated that Ferndale’s application was for a specific property for a specific amount and that all obligations were met. He mentioned that it is a cumbersome process to have the community meetings at the fire station where there is not enough room for all of the residents.
Commr. Cadwell asked what language needed to be change.
Mr. Minkoff stated that the language could be changed to state that the Ferndale project is to be funded first and other communities will be considered for any remaining funding, if that is the direction of the Board.
Commr. Conner expressed support for the language change presented by Mr. Minkoff.
Commr. Renick asked if there have been any other communities that have applied or inquired about this opportunity.
Mr. Minkoff explained that none of the other communities knew about it because it is a new opportunity.
Mr. Gearing stated that the public hearing was advertised and the plan was available for public viewing as required by HUD for 15 days prior to the meeting.
Mr. Minkoff noted that Ferndale submitted an application before the publication.
Ms. Leslie Campione, City of Umatilla Attorney, reported that the City of Umatilla was working on submitting an application until it was discovered that it would not be included because funds were already obligated to Ferndale. She stated that she did not want other communities to be excluded from this opportunity.
Commr. Renick confirmed with Mr. Gearing that the same information that was posted was available to both Ferndale and Umatilla.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved staff’s recommendation with the change that if there are Eligible Use E funds available, then the Ferndale project would be funded first and any other communities would be considered for any remaining funds.
parking garage regulations
Ms. Melanie Marsh, Acting County Attorney, stated that Tab 28 would be Ordinance No. 2010-11. She then placed the proposed Ordinance on the floor by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida, creating section 15-14 of the lake county code, to be entitled parking garage regulations; providing for regulation of the use of the parking garage; providing for inclusion in the code; providing for severability; providing for an effective date; and providing for filing with the department of state.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment for the Board.
Commr. Conner asked if there is any employee only parking outside of the parking garage.
Mr. Minkoff reported that there are a few reserved parking spaces behind the administration building for employees visiting from other offices for two hours or less, Public Safety and the IT Department. He stated that there is still employee only parking at the judicial center which will be discontinued soon due to construction.
Commr. Conner asked why there was still employee only parking at the judicial center when the County policy requires employees to park in the parking garage.
Mr. Minkoff explained that the judicial center employees have not been required to use the parking garage because the parking lot is still available.
Commr. Conner commented that it was his understanding that the parking garage ordinance required those employees to use the parking garage.
Commr. Cadwell explained that it was not a requirement of the ordinance and that the Board asked the Tax Collector, Property Appraiser and Clerk to use the parking garage. He stated that once construction begins everyone will be parking in the parking garage.
Mr. Minkoff noted that only the judges and constitutional officers will continue to park in reserved parking at the judicial center.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Parking Garage Regulations Ordinance 2010-11.
historical museum advisory committee
Ms. Melanie Marsh, Acting County Attorney, stated that Tab 29 would be Ordinance No. 2010-12. She then placed the proposed Ordinance on the floor by title only, as follows:
an ordinance of the board of the county commissioners of lake county, florida; repealing lake county code chapter 2, article iv, division 9, sections 2-90.31 through 2-90.35, entitled “historical museum advisory committee”; providing for inclusion in the code; providing for severability; filing with department of state; and providing for an effective date.
Commr. Conner commented that the Board received a letter of appreciation from the Historical Society to the County for their assistance in moving their office. He thanked Mr. Minkoff and Mr. Kristian Swenson, Interim Facilities Development & Management Director, for the assistance they provided to the Historical Society.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Ordinance 2010-12.
temporary closing or special use of county roads
Ms. Melanie Marsh, Acting County Attorney, stated that Tab 30 would be Ordinance No. 2010-13. She then placed the proposed Ordinance on the floor by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; creating section 15-14 of the lake county code; establishing regulations relating to temporary closing or special use of county roads; establishing guidelines for application, issuance, revocation, and fees for permits; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Commr. Renick suggested changing the language from ‘necessary’ to ‘reasonable’ on Page 2, Line 9, Section 2, Paragraph C.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment for the Board.
Commr. Hill asked if this ordinance was a requirement of the Department of State or the Florida Department of Transportation (FDOT).
Ms. Marsh stated that this ordinance was created because the authority to approve these requests was not included in the County’s Code and is not a requirement of the Department of State or FDOT.
Mr. Minkoff explained that the need for this ordinance was discovered when he received an application and requested the authority to support the approval.
Commr. Hill asked why there is a clause for a permit fee.
Ms. Marsh stated that the language allows for the County to establish a permit fee by a resolution. She noted that the County does not currently charge a permit fee and that it would have to be presented to the Board by a resolution in order to do so in the future.
Commr. Hill expressed concern about charging a permit fee.
Commr. Cadwell opined that the language should remain in the ordinance so the County has the ability to charge a fee if needed in the future.
Commr. Renick agreed that the language should be included on the chance that it is needed in the future.
Mr. Stivender commented that the County has been processing these requests for years without any problems with the associated cost, but opined that it is nice to have the option to charge a fee if circumstances change in the future. He reported that the most important aspect of this ordinance is safety related to traffic management during road closures.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1, the Board approved Ordinance 2010-13 with changes.
Commr. Hill voted no.
REGULAR REZONING AGENDA
rezoning case no. ph#9-10-3 – senturk marketing - eustis plaza convenience store
Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, explained that the applicant was required to perform a fuel tank replacement which included the relocation of the canopy on site which was is prohibited under Ordinance No. 36-84. He stated that the applicant submitted a new site plan which provides a better orientation and traffic flow as well as improves the aesthetics of the site. He noted that the business owner has invested a lot of money into the site renovation and improved the façade of the building. He reported that the Zoning Board recommended approval with recommended changes for a traffic study, noise study and required utility connection. He stated that staff recommends striking the language for the proposed changes by the Zoning Board located on Page 2, Line 37, Subsection G; Page 3, Line 1, Subsection I; and Page 3, Line 8, Subsection J, and replacing with the language , ‘as required by the land development regulations.’ He reported that the applicant’s representative is agreeable to the changes recommended by staff. He explained that applicant’s site plan approval is pending approval of this ordinance by the Board.
The Chairman opened the public hearing.
Ms. Leslie Campione, representative for Senturk Marketing, Inc (applicant), stated that she would like confirmation that the applicant does not have to perform a traffic and noise study or connect to public utilities. She noted that the applicant is not expanding the building or pumps and is only reconfiguring the site and updating the façade of the building.
Mr. Sheahan confirmed that those items were not required for the pending site plan.
Commr. Renick explained to the public that the Florida Department of Environmental Protection (FDEP) is requiring tank owners to upgrade their tanks. She stated that this is the same business that was operating there and that it is only a matter of changing the setbacks.
Mr. Sheahan noted that there are not any changes in impacts or traffic generation.
Commr. Stewart commented that Mr. Senturk lost space on his site when Highway 441 was widened. She apologized to Mr. Senturk for not being able to resolve this issue for him, and thanked Commr. Cadwell for his involvement in getting this matter resolved.
Ms. Campione thanked the Board and staff, on behalf of Mr. Senturk, for their assistance in getting this matter resolved in a timely manner.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment for the Board.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Ordinance 2010-14 with changes.
Commr. Conner commended the County Attorney’s office and staff for working with the business owner to resolve this issue.
other business
solid waste alternatives task force
Commr. Stewart nominated Dr. Ronald Ney as an At-Large Member.
Commr. Renick commented that Dr. Ney retired from the Environmental Protection Agency and is very qualified. She asked if the Board wanted to solicit applicants with a financial background.
Commr. Cadwell stated that he has been trying to find individuals with a financial background.
Commr. Conner opined that it is very important for the committee to be balanced.
Commr. Stewart agreed and commented that she would not have recommended Dr. Ney if this was the last position.
Commr. Renick stated that she would second the motion to nominate Dr. Ney with the understanding that the last person would have to have a finance background.
Commr. Conner commented that he would rather postpone this nomination.
Commr. Hill agreed that she would like to wait.
Commr. Cadwell mentioned that he would prefer to wait on filling the last two positions and that it was nothing against Dr. Ney.
Commr. Stewart stated that Dr. Ney has a lot of knowledge of the environmental impacts of the solid waste issues and would be an asset to the task force.
Commr. Hill noted that Dr. Kathleen Thomas who has already been appointed has the same amount of knowledge and worked in the County’s Solid Waste Department at one time.
It was a consensus of the Board to postpone the appointments for the Solid Waste Alternatives Task Force until applicants with a financial background could be found.
REPORTS – COMMISSIONER HILL – DISTRICT 1
School Board Joint Meeting
Commr. Hill asked if the joint meeting with the School Board was still scheduled for March 22, 2010.
Mr. Minkoff reported that the School Board met yesterday in a workshop. He stated that he has been informed that the School Board would like to request a postponement of the joint meeting; however, he has not officially received the request. He mentioned that once he receives the request he will forward it to the Board.
Commr. Conner noted that he read a blog on the Orlando Sentinel that the School Board voted to defer school impact fees to when there is a certificate of occupancy rather that at the time of permit.
Impact Fees
Commr. Hill stated that there has been a lot of discussion within the state legislature regarding transportation funding, and noted that Senate Bill 360 is going to be revisited. She reported that she had a series of articles that provide a historical background on impact fees as well as the factors the legislature is considering, including the transition from an impact fee to a mobility fee.
reports – commissioner conner – district 3
james green annual edc banquet
Commr. Conner stated that he attended the James Green Annual EDC banquet last week in Orlando.
Commr. Conner acknowledged that his stepson, Matt Hendry from San Diego, California was in the audience.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
la cremerie
Commr. Stewart welcomed the gentlemen at the La Cremerie in Mount Dora to the webcast.
operation medicine cabinet
Commr. Stewart reminded everyone that the County and the Lake County Sheriff’s Office are hosting Operation Medicine Cabinet on March 18, 2010 from 9 a.m. to noon at the Target annex parking lot of the Lake Square Mall. She asked that if anyone has any expired medication that they drop it off at this location, and noted that when these medications are flushed down the toilet they end up in the water supply.
fairfield challenge
Commr. Stewart stated that Cherry Lake Tree Farm sponsors the Fairfield Challenge for issues concerning the environment. She reported that Fairfield Challenge hosted an international competition for a CD cover design. She commented that the County is very proud of Erika Hagen from Tavares High School who is one of the top ten finalists. She stated that the top ten finalist’s entries could be viewed on the intranet at www.bcgi.org/education/fairfieldten.
lake county library system “festival of reading”
Commr. Stewart announced that the Lake County Library System is hosting the Festival of Reading beginning March 17, 2010. She outlined the schedule of events at the various libraries throughout the county.
lake county celebrates parents and children
Commr. Stewart reported that April 11 thru April 17, 2010 is the 15th Annual Children’s week in Tallahassee which brings parents, community leaders and concerned citizens together to share valuable knowledge and information about children’s issues across the state. She asked the Board to approve Proclamation No. 2010-27 entitled “Lake County Celebrating Parents and Children” proclaiming April 2010 as Child Care Awareness Month in Lake County.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Proclamation 2010-27 entitled “Lake County Celebrating Parents and Children.”
REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5
space program
Commr. Cadwell asked the Board to approve Resolution No. 2010-28 asking the Florida Legislative Delegation to preserve our Nation and State’s role in space.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2010-28.
canvassing board alternate
Commr. Cadwell stated that the Board needed to appoint an alternate to the Canvassing Board. He asked Commr. Hill if she would accept this position.
Commr. Hill commented that she would be happy to be the alternate.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed Commr. Hill as the alternate to the Canvassing Board.
webcast
Commr. Cadwell stated that the school system was not able to access the webcast and asked staff to make sure that this is corrected. He opined that it would be good for civic and government classes to be able to view the agendas and witness government in action.
Mr. Minkoff commented that the school system might block access to the site, but stated that staff would follow up to make sure it is corrected.
march madness contest
Mr. Minkoff reported that notices were sent out for the March Madness Contest, and noted that the County is accepting food and money donations for the entry fee. He stated that donations will go towards the employee food drive.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
recess and reassembly
At 10:34 a.m., the Chairman announced that the Board would recess until 11:00 a.m., at which time the Board went into a Closed Session.
closed session
Ms. Melanie Marsh, Acting County Attorney stated that Florida Statue 286.011 authorizes a Closed Session to discuss pending litigation. She stated that the Closed Session will be confined to settlement negotiations and strategy sessions relating to litigation. She stated that a court reporter was present and would record all discussions and when the session begins and ends, and noted that none of the session could be off the record. She mentioned that the meeting would be transcribed and made available to the public after litigation is concluded. She noted that the Board of County Commissioners; Mr. Sandy Minkoff, Interim County Manager; Mr. Greg Stewart, the County’s outside legal counsel and herself would be in attendance. She stated that she anticipated the meeting to take approximately one hour.
recess and reassembly
At 12:15 p.m., the Chairman reconvened the meeting and announced that the Board would recess until 1:30 p.m. The Chairman reconvened the regular meeting at 1:42 p.m. in open session.
niagara settlement agreement
Ms. Marsh asked the Board to add the Niagara settlement agreement to the Agenda.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board added the Niagara Settlement to the Agenda.
Mr. Minkoff stated that he spoke with Niagara regarding the agreement and recommended approval by the Board.
Commr. Cadwell commented that he would like to change the last sentence of the press release to read, “The issues between Niagara and Lake County have been resolved and we are happy to finally be able to focus on the future.”
Commr. Hill asked if the last sentence of the fourth paragraph should be stricken.
Commr. Cadwell opined that the last sentence of the fourth sentence was fine as written.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the settlement agreement with Niagara.
Mr. Minkoff stated that he would work with Mr. Chris Patton, Public Information Coordinator, Information Outreach and Niagara to release the press release this afternoon.
four corners meeting
Commr. Cadwell reminded the Board about the meeting at Four Corners, and asked the Board to RSVP if they were going to attend.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:44 p.m.
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welton g. cadwell, chairman
ATTEST:
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NEIL KELLY, CLERK