A REGULAR MEETINg OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 7, 2010

The Lake County Board of County Commissioners met in regular session on Tuesday, December 7, 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:  Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Jimmy Conner; Sean Parks; and Welton G. Cadwell.  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 Courtney Vincent, Deputy Clerk.

INVOCATION AND PLEDGE

Dr. Don Pratt, Lake Church of Eustis, gave the Invocation and led the Pledge of Allegiance.

election of CHAIRMAN

Commr. Cadwell opened the floor for nominations for the position of Chairman of the Board of County Commissioners.

Commr. Conner nominated Commr. Hill as Chairman.

On a motion by Commr. Conner, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the nomination of Commr. Hill as Chairman of the Board.

Commr. Cadwell turned the Chairmanship over to Commr. Hill.

election of vice-chairman

Commr. Hill opened the floor for nominations for the position of Vice-Chairman of the Board of County Commissioners.

Commr. Cadwell nominated Commr. Conner to serve as Vice-Chairman.

The Chairman asked for a second and there being none asked for another motion.

Commr. Parks nominated Commr. Campione for the position of Vice-Chairman.

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the nomination of Commr. Campione as Vice-Chairman of the Board.

agenda update

Commr. Cadwell stated he would give an update on the Joint Meeting with the cities regarding Fire and EMS services in the County scheduled for that afternoon during his report, adding it would not require a vote.

MINUTE APPROVAL

On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 3, 2010 (Regular Meeting) as presented, September 28, 2010 (Regular Meeting) as presented, and October 26, 2010 (Regular Meeting) as presented.

citizen question and comment period

Mr. Roy Hunter, a resident of Paisley, thanked the Board for all they had done and for the best Emergency Management Services (EMS) department in the State.  He congratulated Commr. Parks and Commr. Campione on their election victories, and thanked various County employees for their help and services.

Ms. Linda Bystrak, a resident of Leesburg, congratulated Commr. Hill on her appointment as Chairman.  As a representative of the Board of Directors for the Oklawaha Valley Audubon Society, and on their behalf, she addressed the Board to endorse the Wekiva Parkway preferred alignment for the Wekiva Parkway project.  She stated they support this alignment because they believed it would have the least amount of impact on the ecologically sensitive lands though which the road would travel.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, 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.

Lake County Water Authority

Request to acknowledge receipt of Lake County Water Authority Board of Trustees Meeting Scheduled for 2011, with all regular meetings scheduled to begin 3:30 p.m. and budget meetings to begin 5:05 p.m. at the Lake County Administration Building, Board of County Commissioner Chambers.

City of Eustis

Request to acknowledge receipt of letter from the City of Eustis stating they adopted Resolution No. 10-74 in support of an amendment to the Interlocal Agreement at the November 4, 2010 Regular City Commission Meeting to allow for an increased number of voting representatives at the Lake-Sumter Metropolitan Planning Organization (MPO), along with a certified copy of the resolution.

Release of Declaration of Covenants and Restrictions

Request to acknowledge receipt of original recorded Release of Declaration of Covenants and Restrictions for Neighborhood Stabilization Property located at 1128 East Clifford Avenue, Eustis, Florida 32726, approved by the BCC on October 19, 2010.

City of Fruitland Park

Request to acknowledge receipt of a certified copy of the City of Fruitland Park Resolution No. 2010-034 supporting the amendment of the Interlocal Agreement which created the Lake-Sumter Metropolitan Planning Organization.

 

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione stated she wanted to discuss Tabs 5 and 6 prior to the vote.  She noted the request awarded the same amounts as the previous year despite current reductions in the County’s budget, and expressed concern that while some of the grants awarded were for good causes they were not necessarily concerns which should come from the General Fund.  She proposed they reconsider the allocation of funds for the two areas in the next budget cycle and perhaps look at criteria that might better define how exactly those types of grants were awarded.

The Chairman commented that it was so noted that they would go back and review those criteria for the next budget year. 

Mr. Minkoff commented to the Chairman they were planning workshops in February on most of the Community Services Programs and would review the criteria for allocation of funds at that time.

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 17 as follows:

County Manager

Request authorization to fill one (1) Budget Division Director position within the Fiscal and Administrative Services Department/Budget Division. (The total fiscal impact is $81,215.00.)

Economic Development and Community Svc.

Request for approval to execute the Revocable Non-Exclusive License Agreement with Niagara Bottling, LLC. There is no Fiscal Impact.

Request for approval of annual grant funding for eight (8) children’s service providers who have submitted applications for 2010-2011 County funds through the Children’s Services Council Request for Proposal (RFP) process; request authorization for signatures on subsequent agreements contingent upon County Attorney approval; request authorization to encumber and expend funds. The fiscal impact is $158,708.00.

Request for approval of annual grant funding for seven (7) organizations who have submitted applications for 2010-2011 County funds through the Human Services Grant Request for Proposal process; request authorization for signatures on subsequent agreements contingent upon County Attorney approval; request authorization to encumber and expend funds. The fiscal impact is $50,000.00.

Fiscal and Administrative Services

Request to approve utilization of various state-wide term and supply contracts for purchase of fleet equipment included in the FY 2010/2011 budget within the conditions set forth in the background below. There is no specific fiscal impact associated with this agenda item.

Request from Sheriff Borders for approval of distribution of funds for crime prevention activities. Fiscal impact is $125,000.00.

Public Services

Request approval of recommended branch library closings for calendar year 2011. There is no fiscal impact.

Request for approval to use "out of session" operating hours for Cooper Memorial Library when classes are not in session at Lake-Sumter Community College. There is no fiscal impact.

Public Works

Request for approval to award contracts for On-Call Engineering Services for Road Operations to B & H Consultants, Inc., Griffey Engineering, Inc., and Woolpert, Inc. in conjunction with the County’s needs. Fiscal Impact cannot be determined at this time.

Request for authorization to accept the final plat for Shader Ridge and all areas dedicated to the public as shown on the Shader Ridge plat. Shader Ridge consists of 6 lots and is located in Section 34, Township 21 South, Range 26 East. Commission District 2. There is no fiscal impact.

Request for approval to award contracts for the On-Call Stormwater Engineering Services to BCI Engineers & Scientists, Inc. and BESH, Inc. in conjunction with the County’s needs. Fiscal Impact cannot be determined at this time.

Request for authorization to accept the final plat for Hammock Pointe and all areas dedicated to the public as shown on the Hammock Pointe final plat, accept a performance bond in the amount of $18,799.00, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Taylor Morrison of Florida, Inc. Hammock Pointe consists of 158 lots and is located in Section 6, Township 23 South, Range 26 East. Commission District 2. There is no fiscal impact.

Request for authorization to release a maintenance bond in the amount of $13,000.00 posted for Robbins Ridge. Robbins Ridge consists of 4 lots and is located in Section 4, Township 21 South, Range 25 East. Commission District 3. There is no fiscal impact.

Request to approve and accept the submitted list of public right of way deeds that have been secured in conjunction with roadway and / or stormwater projects. There is no fiscal impact.

Request for approval and execution of First Amendment to the Interlocal Agreement between Lake County and the City of Tavares for traffic signal maintenance. Commission District 3.  Fiscal impact is $2,015.88.

COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 18 as follows:

Request for approval to remain a member of the class in Pro v. Hertz Equipment Rental Corporation, filed in the District Court of New Jersey. No fiscal impact.

AWARDS

employee awards

Ms. Susan Irby, Employee Services Director, presented the following employee awards:

FIVE YEARS

Justin Pouliot, Park Specialist

Public Resources/Parks & Trails

 

Thomas Reich, Animal Shelter Technician

Conservation & Compliance/Animal Services

 

Ron Rudolph, Senior Construction Inspector

Public Works/Funding & Production/Construction Inspection

 

John Sammons, Mechanic (not present)

Fiscal & Administrative Services/Fleet Management

 

Russell Shorten, Welcome Center Worker (not present)

Public Resources/Tourism & Business Relations

 

Michael Springer, Library Assistant (not present)

Public Resources/Library Services/East Lake Library

 

Kelly Summersill, Biological Technician (not present)

Public Works/Funding & Production/Aquatic Plant Management

 

TEN YEARS

 

Sheryl Aldrich, Office Associate IV (not present)

Public Safety/Fire Rescue

 

Robert Armas, Fire Lieutenant/Paramedic

Public Safety/Fire Rescue

Aaron Chaddick, Network Administrator

Information Technology/Information Systems

 

Edith Hendrickson, Library Assistant

Public Resources/Library Services/Astor Library

 

Roger Warren, Equipment Operator IV (not present)

Public Works/Solid Waste/Operations

 

John Wight, Senior Contracting Officer (not present)

Fiscal & Administrative Services/Procurement Services

 

RETIREMENT

John Wight, Senior Contracting Office

Fiscal & Administrative Services/Procurement Services

 

BOARD/COMMITTEE CERTIFICATES

Women’s Hall of Fame Selection Committee

Carolyn Richardson for service from 2006-2010 (not present)

Gwen Manning for service from 1999-2010

 

Impact Fee Committee

Raymond San Fratello for service from 2005-2010 (not present)

Karen LeHeup-Smith for service from 2007-2010

Robert V. Foley for service from 2009-2010 (not present)

Peter B. Glenn for service from 2009-2010 (not present)

Bill Calhoun for service from 2004-2010 (not present)

Richard Giacobe for service from 2008-2010 (not present)

James Argento for service from 2008-2010

 

Library Advisory Board

Keith Crowe for service from 2009-2010 (not present)

presentations

solid waste alternative task force

Mr. Curtis A. Binney, Chairman of the Solid Waste Alternative Task Force (SWATF), presented the Task Force’s Interim Report.  He stated the Task Force was comprised of eight members, several of whom were in attendance.  He discussed the status of the six primary duties the Board had assigned:  (1) To review and gain an understanding of the current Solid Waste Disposal System, considered Phase I of the process and which took place between May and September of 2010; (2) To review and evaluate Solid Waste Disposal options available to the County, reporting that the Task Force was currently reviewing those options in Phase II of deliberations; (3) To review and evaluate regional partnerships, which was ongoing; (4) To review and evaluate the possibility of private sector partnerships which was currently ongoing; (5) To make an Interim Report on or about December 1, 2010 which was being submitted today; and (6) To make a Final Report on or about March 1, 2011.  He explained if they needed additional time for the Final Report he would come before the Board and request additional time and present a status update.  He noted the Solid Waste Flow Chart found on the fourth page of the report was an example of how Lake County’s waste flows within the system.  He remarked that changing any one aspect of the flow would change various other aspects, complicating the undertaking.  He expressed his appreciation to Mr. Minkoff, Mr. Stivender and Ms. Taylor, as well as the many contributions of the Solid Waste enterprise, the Legal and Clerk’s office that supported them.  On behalf of the Task Force members he thanked the current and former Commissioners for the opportunity to serve Lake County.

Commr. Parks remarked that he appreciated Mr. Binney’s service and the Advisory Board members present.  He asked Mr. Binney if there were any city members, other than the non-voting member, Mr. Peter Tarby, involved in the process.

Mr. Binney replied that the involvement of municipalities, particularly the three that had their own Solid Waste enterprises, had been a concern since the beginning.  He stated that in deliberations prior to the creation of the Task Force, there was a concern that it was done in a vacuum without the municipalities.  He specified that the board appointed Mr. Tarby to be a representative of the cities for that reason.  He explained that he, Mr. Minkoff and Mr. Stivender had discussions regarding the level of involvement of the cities.  He reported he had spoken with two City Managers, Mr. Minkoff briefed the City Managers on a monthly basis, and Mr. Tarby provided input as well.  He explained the City Managers were very concerned, adding that the cities were always invited to attend the SWATF meetings and Leesburg, Tavares and Clermont had made presentations to their board.  He commented that once they had some alternatives there would be a mechanism worked through the County Manager to provide the information to the City for their consideration and input.

Commr. Parks commented he would like to see representatives from the cities on the Task Force, if it was possible.

Mr. Binney noted Mr. Tarby was a non-voting member of the SWATF and stressed that the cities were always welcome to attend and provide input in the same way staff and third-party waste management companies, such as Covanta and Waste Management, were able.  He added the SWATF would also solicit the opinions of the cities when needed.

Mr. Minkoff explained Mr. Tarby also presented updates from the SWATF to the League of Cities at their monthly luncheon, keeping the elected officials apprised of the Task Force’s progress.

transportation 2035 plan

Mr. T.J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (LSMPO), gave a PowerPoint presentation on the LSMPO Transportation 2035 Plan.  He noted Ms. Pam Richman, Project Manager for the plan, was also present.  He remarked he had been working on the plan for two years.  He commented the projects going into the plan qualified for Federal and possibly State funding.  He mentioned that on Wednesday, December 8, 2010 in Leesburg, the LSMPO governing board would vote on the plan, and if it was approved they would then send it to the Florida Department of Transportation (FDOT) and the Federal Highway Administration to review for compliance with State and Federal laws.  He stated they began with a “Needs” plan listing essential items to the welfare of the County, adding they would not be able to afford everything on the list of needs within the next 20 to 25 years.  He stressed they were being very selective of road widening projects through the use of a constrained corridor policy and becoming more focused on designating multimodal corridors.  He stated SR 33 through the Green Swamp and SR 44 through the Wekiva Greenway would not be widened.  He noted they would use Intelligent Transportation Systems (ITS) operational strategies on regional corridors to focus on managing what the County already had in the form of roadways instead of adding more lanes, utilizing such strategies as signal synchronization and public transit.  He explained there was a list of priority projects that was adopted by LSMPO in August of 2010 and then tied to a feasible cost plan which began with the best available cost estimates and compared them against available funding.  He displayed a draft list of the cost feasible plan projects, commenting that they would start with State Strategic Intermodal System (SIS) Corridors, Florida’s Turnpike including the Minneola interchange and the CR 468 interchange, and the Wekiva Parkway project that is also tied into the Orlando Orange County Expressway Authority’s cost feasible plan.  He discussed State Road projects such as the completion of the SR 441 road widening project, a segment of SR 44 (formerly CR 44B) from the City of Mount Dora to the City of Eustis, upgrading the intersection at SR 44 and US 27 in the City of Leesburg, and SR 19 between the City of Tavares and the Town of Howey-In-The-Hills including work on the bridge.  He noted that a Planning, Development, and Environment (PD&E) study would be taking place to determine the best solution for the bridge.  He discussed the County level projects, including CR 466A in the City of Fruitland Park, and Hartwood Marsh Rd. in the City of Clermont from US 27 to Hancock Rd.  He also mentioned the possibility of a rail connection to Orlando, stating there also was an emphasis on transit in the plan.  He concluded by saying their plan was a true multimodal plan and it was fiscally constrained.  He stressed the roads listed in the project might be the last roads widened in Lake County because roads could not continue to be widen forever, adding that success depended on the coordination and cooperation among the Cities and the County.

Energy Efficiency & conservation Block Grant

Ms. Amye King, Growth Management Director, introduced Ms. Lori Barnes, Sustainability Director, who gave a PowerPoint presentation for the six-month update of the Energy Efficiency & Conservation Block Grant (EECBG).

Background

Mr. Barnes stated the Board accepted the amended award accepting the balance of the funding from the Department of Energy (DOE) in May, noting the original funds were a strategy only award.  She reported the Board approved the strategy in November 2009 and the DOE approved it in April 2010, six months into the implementation of the grant activities.  She gave an overview of the items brought before the Board in the past several months, mentioning budget alignments and explaining the frequency was due to the DOE requiring a comprehensive budget justification for every expense, clarifying that when an RFP came back at a lower figure than anticipated, the budget needed to be realigned to accommodate the change.  She recognized the various departments assisting with the EECBG project and expressed her appreciation for their help.  She discussed the actions taken by the DOE in the last several months, mentioned an on-site monitoring visit in June 2010 where the DOE project officer came from Colorado, and added that they received a glowing review.

Financial Incentives Activities

Ms. Barnes explained the County’s Energy Efficiency & Conservation Strategy outlined eight different EECBG activities that broke down into several different sub-activities.  She mentioned the strategy was complete and accepted by the DOE and the Board, adding that the financial incentives programs were pending.  She explained much of strategy was front loaded with studies and reports in preparation to design the program’s content and operation of certain activities including the financial incentive activities.  She commented that the Residential and Small Commercial Rebate Program would hopefully begin in July 2012, and the Internal Revolving Loan Program as well as Performance Contracting were pending completion of an operational and programmatic manual.  She noted Reynolds, Smith, and Hills, Inc. (RS&H) was helping the County put together the manual.

Benchmarking, Education, and Outreach Activities

Ms. Barnes stated the Facilities Department was working on Benchmarking using a free computer program offered by the Environmental Protection Agency (EPA) called EPA Portfolio Manager to enter the information from every County facility to measure and track energy usage and, through the use of a grading scale, determine Energy Star Certification eligibility.  She noted the County already had four buildings which qualified without any further upgrades: the Historic Court House, the Library Services Building, the Public Defender’s Office, and the County Administration Building, adding that Facilities was working on the paperwork to obtain the actual Energy Star Certification documentation.  She explained the Greenhouse Gas Monitoring/Tracking activity would be performed by Shaw Environmental, who would monitor and track the greenhouse gas emissions produced by all County facilities.  She described their Public Education and Outreach as informing the public about energy efficiency, advertising the Residential and Small Business Rebate Program, and spreading information about what the County was doing to reduce energy costs and greenhouse gas emissions.  She discussed the Retrofit Pilot Program, commenting that they would use some of the EECBG funds to complete energy improvements on one residence and one small business within the County.  She mentioned the small business selected was “I Was Framed” from the City of Mound Dora, adding the Board had already approved the program agreement with the business.  She noted some difficulty with the selection of a residence due to qualification issues, but a new winner had been selected and they would be meeting with him that afternoon and hopefully have a resident participation agreement to the Board at the January 4, 2011 BCC meeting.  She expressed her hope to have the improvements completed by March 2011 to allow time to advertise the energy cost savings realized by the improvements before the rebate program starts in July.

Adult Education & Training Activities

Ms. Barnes stated Lake-Sumter Community College (LSCC) and Lake-Tech had been awarded funding towards creating green jobs training programs.  She commented LSCC was planning their first program, Florida Green Building Coalition’s Certifying Agent designation training, in the first quarter of 2011 and Lake-Tech was planning a Photovoltaic and Solar Energy Training class anticipated to start in the second quarter of 2011.

Participation & Efficiency Study and Design & Operation of Energy Efficiency Programs

Ms. Barnes noted the consultant for these activities was RS&H and the Board had awarded their contract in November.  She stated RS&H would use socio-economic demographics of the County to determine if there was a particular target market for the rebate program, the performance contracting program, and the internal revolving loan program, as well as help put together protocols for measurement verification to ensure the County realized its energy saving goals.  She mentioned so far RS&H had found the County was saving energy and reducing greenhouse gas emissions.

Commr. Conner asked if the study being conducted by RS&H was the reason the rebate program would not be started until 2012.

Ms. Barnes replied that was correct, noting the original strategy had been an outline of how the program would work without the details of how to administer the programs, leaving Growth Management to make those decisions.

Commr. Cadwell expressed concern that the preliminary work would extract too much from the funds, leaving little left for the rebate project itself.

Ms. Barnes answered that the funding for the rebate program was designated specifically for that program and it would not be touched or moved from that fund without a budget realignment that would be brought before the Board.  She noted the funding dedicated to the rebate program was approximately $800,000.

Building Codes, Quality Inspection, and Measurement & Verification

Ms. Barnes stated their plan to reach compliance with the International Energy Conservation Code was pending adoption by the Florida Building Code Commission.  She commented they were hoping to train staff and the business community on the new energy codes, hoping to be able to have the training in place by the third quarter of 2011.  She mentioned they were looking at having the Building Department track rebate applications through the use of energy efficiency-type permits that could be implemented.  She noted the Measurement & Verification and the Quality Inspection were both related to the rebate program and the Building Department would handle them once the rebate program was operational and the measurement and verification protocol was in place.

Other Activities

Ms. Barnes noted the Engineering Division of Public Works was working on a traffic signal synchronization and street lighting strategic plan with Tindale-Oliver & Associates that was expected to be brought before the Board in January 2011.  She mentioned an RFP was out for bids to upgrade the sorting equipment for the recycling program at the landfills.  She reported that landfill gas feasibility studies would be conducted on three County landfills to determine options for reducing the greenhouse gas emissions and whether there was potential for the use of intrinsic heat content to realize an additional revenue stream for the County.  She commented that originally $100,000 had been set aside to use as a match for a State grant towards a solar pilot program in the County, but because the State’s funding for such programs had dried out they selected to do the project on a smaller scale and use the Agricultural Center’s Horticultural Learning Center.  She noted the reasons for the selected building was that it was visible, already had an educational program in place, and they should be able to use solar to power the entire building.

Expenditures, Job Creation, and Upcoming Items

Ms. Barnes reported the focus was on job retention over job creation at the moment, siting that some staff positions were grant funded and the other figures towards job retention were based on consultant hours invested where awarding work to the consulting firms contributed towards allowing them to retain their employees.  She noted a budget realignment, residential agreement, strategic plan, and the contracts for the two outstanding bids would be submitted for Board action in the first quarter of 2011.  She reported a website had been created with the grant information (www.lakecountyfl.gov, Keyword: EECBG) and that a Twitter account had been established (Twitter screen name: LakeCountyEECBG) which was currently used to advertise projects and events and to post energy efficiency tips to help people lower energy costs.

Commr. Hill commented that if the new commissioners wanted to familiarize themselves with the grant document it would be made available to them.

Commr. Conner asked what recycling equipment was being purchased, commenting that there had been another purchase in the last year.

Ms. Barnes responded she did not have the specifics, that it was equipment at the landfill that needed to be upgraded.

Mr. Jim Stivender, Director of Public Works, commented that he could get the information regarding the equipment purchase to the commissioners.

Ms. Barnes added they would be happy to share the RFP which had details of all the equipment and included some diagrams of what they were proposing to get the equipment operating at a prime level.

Commr. Hill remarked she remembered the previous purchase had been to upgrade an old piece of equipment used in separating materials.

Commr. Conner commented that the description Ms. Barnes gave of the recycling equipment they were looking to purchase was similar to the item previously purchased and he wanted to ensure there was no duplication.

Commr. Hill replied they would wait to get the information after the meeting.

Public Hearings

Ordinance Amending the Land Development Regulations

Ms. Melanie Marsh, Acting County Attorney, placed the proposed ordinance on the floor for its first and final reading by title only as follows:

an ordinance of the board of county commissioners of lake county, florida, amending the lake county code, appendix E, land development regulations; amending chapter II, entitled “definitions”, to include a definition of sign copy area; amending chapter XI, section 11.02.03.2, entitled “multiple occupancy commercial sites”; providing for severability; providing for inclusion in the lake county code; providing for filing with the department of state; and providing for an effective date.

The Chairman opened the Public Hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.

Commr. Cadwell asked Mr. Brian Sheahan, Planning Director for Growth Management, if the new Ordinance was to fix a mistake.

Mr. Sheahan responded that it was to fix what was believed to be a scrivener’s error in the sign code.

On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2010-53 amending Chapters 2 and 11 of the Land Development Regulations, entitled “Definitions” and “Signs”, respectively.

Recess and Reassembly

The Chairman announced at 10:00 a.m. that there would be a 15-minute break.

final alignment of wekiva parkway

Mr. Mark Callahan, Vice President of CH2M Hill, gave a PowerPoint presentation and discussed the final proposed alignment of the Wekiva Parkway.  He noted that CH2M Hill was serving as the consultant project manager for the Wekiva Parkway Project Development and Environmental (PD&E) Study.  He reviewed the alternatives analysis performed for the Lake County portion of the project, mentioning that the study was started in early 2005 and was performed jointly with the Orlando Orange County Expressway Authority (OOCEA) overseeing the Orange County portions and the Florida Department of Transportation (FDOT)  overseeing the Lake and Seminole County portions of the project.  He described how initially there had been over 1,000 different alternatives to get from the City of Apopka to I-4 in Seminole County, and in 2006 the selection had been reduced to a smaller group of viable options, adding that in 2007 they offered a recommended alternative which they later refined.  He reported that in 2009 they realized it would be difficult to acquire State or Federal funds for the project, which created the necessity of making part of the parkway a toll road with a service road to allow for local transportation between Seminole and Lake Counties.  He commented that when they created the smaller group of viable alternatives they were presented to the public where they received a lot of input and added that one issue mentioned was the interchange at US 441 and SR 46.  He noted they came up with two alternatives: One where they essentially rebuild the interchange, keeping SR 46 at the first level and having US 441 going over it with a diamond shaped interchange with a flyover for southbound US 441 onto eastbound SR 46; and the other eliminating the grade separation between US 441 and SR 46 which still included a flyover.  He added that the second option was the least expensive of the two and that FDOT had recommended it.  He remarked they had been working with the City of Mount Dora on this issue and would be meeting with them again on January 4, 2011 to provide further updates.  He displayed conceptual schematics of the proposed realignment and service road plans, describing in further detail the location and direction of the roadway.  He then displayed cross sectional diagrams of different segments of the roadway including the SR 46 reconstruction from US 441 to east of Round Lake Road, SR 46 from east of Round Lake Road to Systems Interchange, the Wekiva Parkway from Orange County to Neighborhood Lakes Interchange, from Neighborhood Lakes Interchange to east of Wekiva River, and CR 46A realignment from SR 46 to Arundel Way.  He also mentioned the four major wildlife bridges included in the project.  He noted the public hearing for the current proposed alignment was October 27, 2010 at Lake Receptions in Mount Dora, adding that there had been 420 attendees and they had received 33 comments of which 12 were for the proposal, 10 were opposed, and 11 were requesting maps or further information.  He requested the Board’s approval of the proposed final alignment for the Lake County portion of the Wekiva Parkway.

Commr. Campione asked how wide the buffer on the proposed CR 46A alignment was.

Mr. Callahan responded it was approximately 100 feet from the property line.

The Chairman opened the Public Hearing.

Ms. Catherine Hanson, former Lake County Commissioner and President of the East Lake County Chamber of Commerce, addressed the Board and presented them with a Resolution of the East Lake County Chamber of Commerce, Inc. concerning completion of the Wekiva Parkway and read the resolution, which supported construction of the Wekiva Parkway and encouraged construction to begin as quickly as possible and be completed in a timely manner, in its entirety.  She then noted the rest of her comments were strictly personal and not related to the East Lake County Chamber of Commerce.  She remarked that SR 46 should be kept at its current level of service and that the section of SR 46 going from Mount Plymouth to Sorrento should have a “Main Street” design to it, including sidewalks leading to the newly opened school.  She also commented it was important the bike trail, which was part of the original recommendation, continue to be required to connect from the City of Mount Dora to Seminole County.  She mentioned there was supposed to have been a sincere effort to buy out all of the property owners in the Wekiva basin but only the large property owners had their property brought, and she thought the State should come in and buy out the small property owners.  She stated the necessity for this was because the Parkway would be close to the homes which would result in a drop in the property values.  She then thanked the Board for the continued lease with the East Lake County Library.

Mr. Scott Taylor, a resident of Sorrento, addressed the Board in favor of the proposed plan for the Wekiva Parkway.  He read a letter written by Mr. Andrew H. McLeod, the Director of Government Relations with The Nature Conservancy, which supported the current proposal because of the elevated roadways which would minimize the impact of the highway to public conservation lands and wildlife corridor areas.  He then noted he had been part of the original Wekiva Coalition.  He commented they needed to remember both Houses of the Florida Legislature agreed to build the Wekiva Parkway in a manner that respected the integrity of conservation lands, opining the plan for the Parkway was a great compromise between the environmental community and government in general.

Mr. Taylor also addressed the Board on behalf of Mr. Charles Lee, the Director of Advocacy for Audubon of Florida, who could not attend the meeting due to a prior commitment.  He read a letter written by Mr. Lee in support of the alignment as recommended by the PD&E study for the Wekiva Parkway and which stated the benefits of the plan as having an effective environmental design, guaranteed toll-free traffic between Lake and Seminole Counties, the tolled expressway to speed traffic to regional destinations and aid in economic development in the County, and the creation of thousands of jobs for Central Florida’s construction industry.

Mr. Jack McDonald, a resident of Sorrento and a member of the Public Land Acquisition Advisory Council for Lake County, addressed the Board.  He stated he was not opposed to the Parkway but he was opposed to some of what he considered unnecessary spending on the project.  He mentioned the Parkway included plans to purchase property on Old McDonald Road to build a retention pond, but there was already government owned property on the west side of the road where the proposed retention pond was.  He remarked they should use government owned land before spending money to purchase more.  He noted that, after he had spoken with engineers regarding the service road planned to accompany the Wekiva Parkway, he learned the service road would cost between $25 million and $50 million.  He expressed his concern over spending money on a third road, adding he did not think adding the third road would have less of an environmental impact than two roads.  He commented that should the road be a toll road, one of the Commissioners should be on the Board to represent the citizens of Lake County.  He then distributed a copy of an email from Mr. Burt and Mrs. Linda McDonald to Commr. Cadwell regarding the Wekiva Parkway project.

Mr. William Smalley, a resident of Sorrento, addressed the Board in favor of the Parkway but against certain aspects of the project.  He stated one recommendation was to have CR 46A tie into SR 46 at the proposed SR 46 interchange to reduce hazards to wildlife.  He postulated that with the current proposed position, the relocation of CR 46A would cause a decline in property values that would result in the County losing over $1 million in property taxes over the course of a ten year period.  He questioned why the County said they could not build on State-owned lands, referencing the construction of a communications tower on State land as evidence to the contrary.  He stated the location of CR 46A at the proposed location would create a negative economic impact and the proximity of the road to residences would be a threat to children.  He mentioned that while he was in favor of protecting the indigenous wildlife, the FDOT had only reported two bears being killed in accidents along in downtown Sorrento and CR 46A while  nearly 30 reported human casualties had been recorded.  He commented that the proposed interchange was unnecessary and would increase the number of accidents.  He requested the Board consider moving CR 46A to State owned lands and eliminate the current proposal which had the road running along the eastern border of the RedTail Country Club.

Mr. Tim Bailey, a resident of Sorrento and Chair of the East Lake Citizens Council, addressed the Board on behalf of the East Lake Citizens Council requesting the Board segregate the decision on the CR 46A realignment from the Wekiva Parkway.  He mentioned he had chaired the framework study and served on the Governor’s task force for the Parkway as well as served on seven of the Sorrento/Mount Plymouth area study groups.  He stated they acknowledged and accepted the Wekiva Parkway as inevitable, but requested the Board remain sensitive to minimizing the negative impacts on their lifestyle.

Mr. Keith Schue, a resident of Sorrento and a member of Friends of the Wekiva River, addressed the Board in favor of the current proposed alignment.  He commented that the Friends of the Wekiva River was once several organization that were part of the Wekiva Basin Area Task Force appointed by Governor Bush in 2002, adding that several members of the group were currently present at the meeting.  He stressed it was a regional issue and the project was not wasting money.  He noted the Parkway plan involved connection to the Wekiva Parkway in the vicinity of the Neighborhood Lakes interchange, and since the State would not allow the alignment through public lands and the County could not go through Heathrow Country Estates the only option left was working with the land owner who had property in between.  He mentioned proximity issues were present in each County involved with the Wekiva Parkway project.  He added the service road was necessary to fill the requirement for through traffic and fences should be put up to protect the wildlife for areas where the roads could not be elevated above the wildlife crossings.

Ms. Nadine Foley, a resident of Umatilla, addressed the Board in favor of the current proposed realignment.  She mentioned she attended the open house on the Wekiva Parkway/SR 46 realignment PD&E study and she had served on the Lake County Public Lands Acquisition Advisory Council when the County made the decision to use a portion of public lands acquisition funds to purchase the Neighborhood Lakes parcel to make the Parkway project possible in Lake County.  She noted she also served on the Lake County Local Planning Agency (LPA) as they rewrote their comprehensive plan, adding the LPA had made sure all the necessary provisions for protection over the Wekiva Basin were in place.  She stated that, as a long time Lake County resident, she did not mind paying a toll to use SR 429.

Mr. Rich Dunkle, a resident of Mount Dora, addressed the Board in regards to the trail portion of the Wekiva project.  He stressed the trail would benefit the local job market.  He suggested the Board appoint an individual to help oversee the development of the plans for the trail.

Commr. Hill noted the MPO had a bike/pedestrian trail committee which consisted of elected officials and citizens, and opined the committee would be very active regarding the trails.

Ms. Katie Moncrief, a resident of the City of Longwood, addressed the Board on behalf of Ms. Patricia Harden, Board Member of Friends of the Wekiva River, Inc., who was unable to be present at the Board Meeting.  She recited a letter written by Ms. Harden to the Board supporting the proposed route presented during the October 2010 public hearing and stressing the route planning had taken long enough and any changes now would result to further delay, cost taxpayers more money, threaten resources, and hinder mobility within the region.

Mr. Bernie Welch, a resident of Mount Dora, addressed the Board stating he agreed with Mr. Crowson.  He thanked Mr. Callahan for staying in touch with him and acknowledging his concerns and stated they would have a chance to talk more at the Mount Dora City Council meeting.

Ms. Helen McCormick, a resident of Mount Plymouth, addressed the Board regarding the CR 46A realignment.  She stated that while the realignment as currently proposed would cause a negative impact to her and her family because of the increase in noise, she thought it was more important that the wildlife corridor be as complete as possible and if CR 46A was moved any further east that would not be possible.  She commented that if the County wanted to save money they could forego the service road plan, suggesting that residents who want to drive on the Parkway could register for a discounted toll for the Lake County section.  She mentioned CR 46A should not be on the ground because it would defeat the purpose of the entire Parkway, adding if it was left on the ground there would be more accidental deaths of both bears and people.

Mr. TJ Fish, Executive Director of Lake-Sumter MPO, addressed the Board to comment regarding the issues addressed during the Public Hearing.  He noted the MPO served Mount Dora and he was encouraged the OOCEA Board had reached out to Mount Dora because it was very important the interchange design remain consistent with the vision of the city.  He stated that after completing the traffic modeling for the 2035 plan he felt confident there would not be a need to widen CR 46A to a four lane road, adding the new plan included assisting with the connectivity of the County by looking at extending Round Lake Road north to intersect with SR 44 and align with CR 429 to create a grid system that would disburse traffic.  He commented Mr. Minkoff had done a great job working with FDOT and the Expressway Authority to accommodate the right of way for the trails portion of the project, adding the desire to have the Wekiva Trail connect to Seminole County as well as possibly extending it through the Neighborhood Lakes property to connect to the West Orange Trail in Apopka.  He remarked on the tremendous amount of public involvement that had taken place and expressed the non-toll option was a good compromise.

Mr. Robert Curry, a resident of Seminole Springs, addressed the Board in favor of the current proposed realignment and in recognition of the work Mr. Scott Taylor had done towards the parkway project.  He mentioned he and Mr. Taylor met on the Board of Directors of the Citizens Against Merchant Power.  He commented the County representatives who served on the Wekiva commissions were from the district the Parkway would pass through, and they had the interests of that area in mind.

There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.

Commr. Cadwell commented the current agreement did not allow for representation on the OOCEA in regards to the Wekiva Parkway project, that it needed to be done by the legislature.  He mentioned he and Mr. Minkoff had met with Seminole County, who had the same desire, but added the Central Florida Delegation had no desire to talk about doing that this year.  He expressed the future need for a regional transportation authority that would include Lake, Seminole, Osceola, and Orange County, but to delay the process now would be a disservice to the project.

Commr. Hill noted she spoke with the Seminole County Chairman and he was interested in the idea of a regional transportation authority, adding they needed to make sure they made a sincere effort to create it.  She opined there would be a number of future issues that would need to be addressed, whether it was bike trails or the downtown areas, and there would be a lot of public input in the process.

Commr. Cadwell remarked on the hard work done by the last study commission as well as the leadership Mr. Lee Constantine had shown during the process.

Commr. Parks commented he felt as if the eyes of Central Florida were upon them for this decision.  He asked if the vote for the CR 46A alignment could be segregated, adding he recognized the concern regarding the issue of a buffer.

Commr. Cadwell clarified the buffer was to the street, not the house.

Commr. Campione commented she also wanted to know if they could separate the CR 46A segment from the vote, siting the safety issue in regards to emergency services response times as her primary reason.  She also mentioned there might be a solution in using government owned lands.  She noted the trails were an important issue for her and she was committed to ensuring the trails were taken into consideration during the design proceedings.  She stated 50 feet was an unreasonable buffer and there was room for improvement.

Commr. Cadwell asked Ms. Marsh if she could answer the question regarding the separation of CR 46A.

Ms. Marsh responded the agreement did not allow the Board to sever out a portion of the project.  She explained if they wanted to readdress some portion they would have to oppose the current proposed alignment and have another alignment brought forward after discussions, adding they would also need another public hearing.

Commr. Hill asked Mr. Callahan if he would like to respond.

Mr. Callahan noted they did a study on several alignments and the one furthest to the west was deemed the best in terms of impacts, cost, etc.  He stressed they would continue to work with the County as they moved forward and CR 46A would be a County road, but he explained if the Board were to delay the approval or pull the plan for CR 46A out, it would be detrimental to the current schedule for the project and would cause issues with the Federal Highway Administration.

Commr. Hill referred to the aerial photograph with the different alignment plans and asked for clarification on which plan they were proposing to construct.

Mr. Callahan explained it was the western most line on the page.

Commr. Parks questioned if there was room to move the road over another 50 feet at some point down the line.

Mr. Callahan clarified they would work with the County staff and whoever else appropriate to move forward in the design and, if there was a desire for the County to make a change to the road, he thought all parties would be perceptive to working with the County on that.

Mr. Minkoff remarked the agreement allowed the County to have a representative on the Right of Way Committee for the Expressway Authority that would be acquiring the right of way, so there would be some representation towards the time the right of way was purchased.

Mr. Mike Schneider, Executive Director of the OOCEA, addressed the Board stating if the OOCEA was the agency that ultimately designed and built the road, they would continue to work very closely with Lake County, whether it was for the Wekiva Parkway, the limited access portion, CR 46A, or SR 46.  He noted they worked for six years in a cooperative fashion to get where they were now and it would continue in the future, even if the interlocal agreement had not already structured it that way.  He explained if Mr. Fish was correct and they would not have to enlarge CR 46A to four lanes then they could purchase the right of way needed for the four lanes but only construct the eastern two first.  He added that should the need arise for the four lanes then they could move closer to Heathrow Country Estates.

Commr. Conner asked Mr. Callahan about the issue Mr. McDonald had mentioned regarding acquiring unnecessary property for a retention pond.

Mr. Callahan responded the layout of the stormwater treatment ponds sometimes tended to move during design based on some of the more detailed surveys, soil conditions, property issues, and so forth, adding they were amenable to looking at the issue and he would speak with Mr. McDonald about it.

Commr. Conner asked Mr. Schneider to address the varying accounts about the financial capability of getting the Parkway built.

Mr. Schneider explained the OOCEA was currently in the process reviewing the financial capability if only the OOCEA was to build the Wekiva Parkway as a result of the downturned economy, adding that they thought it was necessary to revisit their financial models and would have a better answer in the spring.  He stated they would be attempted to redevelop some form of partnership between FDOT and the Expressway Authority and Turnpike Enterprise so they would not be the only agency to participate in funding for the project, adding that currently OOCEA appeared to be the agency that would build the roadway, though they were continuing to look for partners.  He remarked scheduling would be determined by funding, but the PD&E study would be finished depending upon the action the Board took as well as the potential action the OOCEA board would take the following Tuesday.  He commented they hoped to have the Finding of No Significant Impact in spring of 2011 to allow them or another agency to proceed forward with the design component of the Parkway.  He mentioned some of the design consultants would be hired starting in late spring 2011, but it would take a long time because it was a large project and they would not be able to advertise design, do right of way acquisition, or work on construction all at one time, noting that even if they could do the work all at once they would not be able to bond it.  He stated their plan was most likely to start in Orange County working through Lake County and into Seminole County with various components picking up at different times.  He reported if everything fell into place they should be set to start construction about three years from now and hopefully have the road open to traffic by 2018.

Commr. Cadwell asked if getting started now with Congressman Mica’s position was not a hindrance.

Mr. Schneider replied that the congressman had been a great supporter of transportation programs, but with the change in election he was in a much different position than he was several months ago and they were reaching out.  He stated it was why they had filed the federal process when they normally followed state process, clarifying that by following the federal process they continued to remain eligible for federal funds.

Commr. Conner thanked Mr. Schneider for answering his question.

Commr. Hill stated the Board would need to vote on Tab 24 and Tab 23 separately, specifying that the approval of the final alignment of the Wekiva Parkway was Tab 24.

Commr. Cadwell asked if Commr. Campione wanted the opportunity make the motion for Tab 24.

Commr. Campione deferred.

Commr. Cadwell made a motion for Tab 24.

Commr. Conner seconded the motion.

Commr. Parks stated he would like the western most set of lanes to have at least a 100 to 200 foot buffer, even if the road was widened to four lanes.

Commr. Campione expressed her appreciation for the time that went into the project and the input from the community, different groups, and property owners, adding she was excited about the prospects of what the Parkway meant to Lake County as well as the protection it provided the Wekiva area.  She remarked that her only concern was in the location of CR 46A, stating she would like to see the road pushed as far east as possible, especially with the initial two lanes, to create as large a buffer as possible.

Commr. Hill concurred.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the final proposed alignment for the Wekiva Parkway.

Wekiva Parkway ownership and maintenance responsibilities

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the agreement with FDOT and OOCEA regarding ownership and maintenance responsibilities of the Wekiva Parkway improvements upon completion of construction with the long term maintenance by Lake County of SR 46 between Sorrento and Mount Plymouth and also the CR 46A realignment.

Recess and Reassembly

The Chairman announced at 11:48 a.m. that there would be a 15-minute break.

Closed Session

Ms. Marsh stated she had previously asked for the closed session authorized by Florida Statute 286.011 to discuss pending litigation in front of a court or administrative agency, and once the closed session started, it would be confined to settlement negotiations or strategy sessions related to litigation and litigation expenditures.  She noted a court reporter would record the entire session, as well as when they begin, when they end, and all discussions in the proceedings, including the names of all persons present at any time and whoever speaks.  She explained the court reporter’s notes would be transcribed and be made public at the time the litigation was concluded, and at the beginning of the session the Chair or the entity was required to give notice of who would be at the meeting, which was the Board, Mr. Minkoff, and herself.  She added she had a copy of the required advertisement of the meeting, and she estimated the session would last about a half hour.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

Mr. Sandy Minkoff, Interim County Manager, commented on the energy grant presentation from earlier in the meeting, stating the retrofit program would start the summer of 2011 and complete the summer of 2012.

Economic Development and Community Services

Amendment to Driver’s Education Program Agreement

Ms. Allison Thall, Health and Human Services Director, gave an overview of the Doris Slosberg Driver Education – Behind the Wheel Program, a program derived from the Doris Slosberg Driver Education Safety Act enacted in February of 1996.  She noted Ms. Dori Slosberg, the victim of a tragic car accident in Palm Beach County that claimed the lives of five teenagers, served as the namesake for Section 318.1215 of the Florida Statutes addressing the disposition of traffic infractions and allowed Florida County Commissioners by Ordinance to require the Clerk of Court to collect an additional $5 with each civic traffic penalty.  She explained the funds collected would be used to find driver education programs in public and non-public schools, specifying they would enhance existing funds, not be used towards administrative costs, and each driver education program receiving those funds must require a minimum of 30 percent of the students’ time be behind the wheel training.  She introduced Ms. Julie Summerlin, Administrative Coordinator for the Lake County Schools Career-Technical, Adult & Community Education, whose department actually implemented the Behind the Wheel Driver Education curriculum.

Ms. Summerlin thanked the Board for the opportunity to share highlights of the partnership formed two years ago between Lake County Schools and the Board with regards to Behind the Wheel training.  She noted her department began working with Ms. Thall in the fall of 2008, reporting that since then 735 high school students had successfully completed the Behind the Wheel Program in the County.  She specified that any high school student who resided in the County, had a valid learner’s permit, and proof of insurance qualified for a scholarship which were awarded on a first come, first serve basis.  She mentioned classes were held weekday afternoons, Saturdays, select holidays and school breaks, adding that classes were taught by County classroom teachers certified for Behind the Wheel instruction through the Florida Safety Council and there was at least one specially equipped driver education vehicle located at each high school.  She stated the renewal funding request for $284,669 would provide 450 additional scholarships as well as the purchase of two new driver education vehicles.  She explained that in the past the Career-Technical, Adult & Community Education Department had used approaches such as press releases, news letters, student news papers, school marquees, and the County’s website to market the program to parents and students, adding that Sgt. McCain of the Lake County Sheriff’s Office had worked with her numerous times by advertising on their mobile side boards.  She identified the banner at the bottom of the handout given to the commissioners, stating if the in-house design was approved it would become the program’s logo.

Commr. Hill requested clarification on the uses of the requested funds, stating it was her understanding that when the bill was enacted it stipulated against being used for the purpose of purchasing vehicles, maintenance, etc.

Ms. Thall responded it was her understanding the funds could not be used towards administrative purposes, but they were allowed to be put towards the actual implementation of the program.

Commr. Hill questioned if the multiple part time instructors could be paid with program funds.

Mr. Minkoff replied yes, they could.

Commr. Cadwell explained that unlike the Safe School Grant where money could be taken off the top for administration, that could not be done under the Behind the Wheel Program.

Commr. Hill stated she wanted to ensure they adhered to the funding stipulations.

On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the one year renewal amendment to the Agreement between Lake County and the Lake County School Board to provide all students with the opportunity to participate in the Career, Adult & Community Education Driver’s Education Program – Behind the Wheel Training.

Resolution to amend federal/state grant funds

Ms. Maria Granado, Program Manager for the Lake County Community Health Workers Program, a division of Economic Development and Community Services, addressed the Board asking them to approve the continuation of the community partnership contract for marketing and outreach services with the Florida Healthy Kids Corporation through June 30, 2011.  She noted they had been partnering with the Florida Healthy Kids Corporation since 2007 and in that time had assisted over 500 families with their online applications and served over 2,000 children, adding the families were from rural areas.  She thanked former Commr. Debbie Stivender for her involvement at the State and local level.  She reported Florida Healthy Kids Corporation was a non-profit organization that managed and oversaw the Florida Kid Care Program.  She explained the funding they received were type 21 funds, also known as Children’s Health Insurance Program (CHIP).  She commented that in Lake County there were approximately 46 to 55 thousand uninsured people and approximately 13,390 of them were children under the age of 18.  She remarked they held a responsibility to inform, educate, and assist unemployed families in Lake County who could not afford the cost of health care coverage for their children.  She noted Florida Healthy Kids allocated approximately $2,000 per quarter for marketing and outreach services such as working with local community partners to promote the program, working with County departments, local libraries, transportation, and putting up a web banner on the County website.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2010-148, amending the Federal/State Grants Fund in order to receive unanticipated revenue for Fiscal Year 2010-2011 in the amount of $6,000 from Florida Healthy Kids Corporation, Inc.

Agreement with Lynx to continue Links 204 and 55

Mr. Kenneth Harley, Public Transportation Director, addressed the Board asking for approval to continue an agreement with Lynx providing services in South Lake County.  He explained there were two services currently provided by Lynx, Route 55 in the Four Corners area and Route 204 which was the express service.  He reported the annual cost for the service was $293,916, clarifying that the funds came from the general fund and were appropriated in their current year budget.  He mentioned Route 204 ridership for the year was 39,552 trips and Route 55 was 55,575 trips, adding that Route 204 was from their parking lot location and those riders were primarily their choice riders who were using the service for employment purposes.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the agreement with Lynx to continue operations of Links 204 and 55 in South Lake County from October 1, 2010 through September 30, 2011.

Commr. Cadwell asked Mr. Harley for a progress report on bus stop shelters.

Mr. Harley replied the original approved design was not as aesthetically pleasing to some of the cities so a new design was constructed and would be presented at the MPO meeting on Wednesday, December 8, 2010.  He noted a prototype of the new shelter would be assembled outside the County Administration Building by the beginning of the year.

Information technology

munis financial system hardware replacement

Mr. Minkoff addressed the Board requesting on behalf of the Mr. Neil Kelly, Clerk of Circuit Court, to purchase $28,000 in new hardware for servers that manage the MUNIS System.  He noted the MUNIS software that housed all of the accounting software was being updated and it was thought necessary to upgrade the servers, adding that funds had been budgeted in support services and the MUNIS purchase order for this item and would be purchased from a State-bid price.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the MUNIS Financial System hardware replacement.

public resources

management plan for south pine lakes reserve

Ms. Wendy Breeden, Public Resources Director, addressed the Board regarding the management plan for the South Pine Lakes Reserve.  She explained the management plans were usually approved by the Public Land Acquisition Advisory Council prior to coming to the BCC meeting, noting that they did not have a quorum on December 1, 2010 but added the approval of the plan was important.  She introduced Mr. David Hansen, Public Lands Program Manager, to talk about the management plan for South Pine Lakes Reserve.

Mr. Hansen explained the plan comprised of two adjacent property purchases made separately through the Public Lands program in the South Pine Lakes area.  He stated the locations of the properties were on the southeast side of SR 44 east of the Royal Trails community, adding that the total size was 128 acres which cost about $980,000.  He mentioned there were a number of natural communities on site predominated by a scrubby flatwoods type community that blended into a scrub community as well as wetlands.  He displayed pictures of the existing wetlands.  He commented on the native species present on the site such as black bear, wood stork, gopher tortoise and piedmont jointgrass.  He discussed the conceptual site plan, saying it would follow some internal trails, a parking area, and a small trailhead and possibly a picnic table or two.  He described land management activities such as timber thinning, mechanical preparation, fireline installation, and eventually reintroducing prescribed fire to the property as well has herbicide control for invasive plant species.  He reported there would be opportunities for public involvement on the project.  He stated the management plan’s subcommittee had approved the plan.

 On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the Management Plan for the South Pine Lakes Reserve acquired through the Public Lands Program.

wildfire hazard mitigation agreement

Mr. Hansen discussed an opportunity for the Florida Division of Forestry to work on the South Pine Lakes Reserve property for wildfire hazard mitigation.  He stated on October 5, 2010 the Board recognized the Community Wildfire Protection Plan developed by the Florida Division of Forestry.  He explained the Plan identified communities at risk within the County in support of the local mitigation strategy, adding it identified strategies to mitigate wildfire risk within those communities such as vegetative fuel reduction.  He displayed slides describing the wildfire threat in the area as well as the proposed firebreak construction for the property.  He mentioned the projects had been submitted to the Division of Forestry for review, noting the Division of Forestry proposed to clear a 30 foot wide strip along the property boundary by mowing and grinding.  He clarified the work would be done entirely by the Division of Forestry and their subcontractors.  He remarked there would be no cost to the County other than staff time to supervise what the Division of Forestry is doing.

On a motion by Commr. Parks, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the Wildfire Hazard Mitigation Agreement between Lake County and the Florida Division of Forestry for wildfire hazard mitigation treatment on property acquired through the Public Lands Program in the area of South Pine Lakes.

public works

interlocal agreement for  Eustis stormwater treatment pond

Mr. Jim Stivender, Public Works Director, addressed the Board regarding a Downtown retrofit of Eustis.  He stated it was a stormwater retrofit that the DOT, the City, and the County had been involved with for a long time with a total project cost of $6.6 Million with the County’s shared responsibility being the right of way of Orange Avenue which would drain through the system and go to a stormwater treatment pond.  He requested $397,000 out of the stormwater fund to be used for the project.

Commr. Cadwell asked where the stormwater treatment pond would be located.

Mr. Stivender responded it was near the old fairgrounds property.

On a motion by Commr. Campione, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the Interlocal Agreement between Lake County and the City of Eustis for the Eustis Downtown Stormwater Treatment Pond.

interlocal agreement for  tavares stormwater pond

Mr. Stivender discussed the interlocal agreement between the County and City of Tavares regarding the stormwater quality treatment pond located behind the jail.  He mentioned the basin contributing to the pond was a large property covering most of downtown.  He stated the property was acquired in 1979 and the project was the creation of the City of Tavares.  He recommended approval because it would address the County’s stormwater needs for the long term and enhance the City’s ability to clean the water before it reached Lake Dora.

Mr. Minkoff clarified there would be no cost to the County and it was sized appropriately so it would also take the stormwater if the County acquired property north of old SR 441 where the School Board, the City, and the County had been discussing the bus barn.  He added the County would not have to have bonds on any of its property in the downtown area.

Commr. Parks commented it was good for economic development because everyone would have their stormwater permits taken care of.

Commr. Conner mentioned he discussed with Mr. Minkoff other potential uses for the property and he was satisfied this was the best use for it.

On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the Interlocal Agreement between Lake County and the City of Tavares regarding a stormwater quality treatment pond located behind the jail facility.

washington avenue drainage improvement project

Mr. Stivender discussed the license agreement between Lake County and Florida Central Railroad Company, saying the request was for the agreement as well as to advertise bids on the Washington Avenue Drainage Improvement Project.  He mentioned the entire Lake Yale basin area had been under study and essentially the Dona Vista area was an old plat on flat ground of hardpan soil with runoff that went west to Lake Yale.  He explained the project, saying the first phase addressed stormwater conveyance from the basin area towards the lake, describing it as paving the road along the railroad tracks and making drainage improvements that would address the overall drainage of the basin.  He stated they would be coming back to the Board at a future date to improve systems contributing to this site, clarifying that the current site was the receiving site for everything else.

Commr. Cadwell commented that over the years the County had spent money trying to fix it while still leaving clay roads, which was no longer feasible.

Mr. Stivender added the land was flat hardpan soil with no percolation rate so the water sat there instead of absorbing.  He explained the plan was to treat the runoff and have the right conveyance in place so the area is adequately planned.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved to execute a license agreement between Lake County and Florida Central Railroad Company as well as to advertise bids on the Washington Avenue Drainage Improvements Project.

other business

appointments

board of adjustments

On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Christopher L. Cheshire, DOM to the Commission District 1 position of the Board of Adjustments to serve the remainder of a four year term which ends January 31, 2013.

REPORTS – COUNTY ATTORNEY

lease agreement with city of minneola

Ms. Melanie Marsh, Acting Count Attorney, requested approval of a lease agreement with the City of Minneola to move the Clerk’s office from a commercial plaza in that area into the City Hall.

Commr. Conner commented this was another in a long list of leases where the County Attorney’s Office had gone out and proactively either renegotiated or terminated or otherwise upgraded leases to more reflect the market value of commercial space to the benefit of the County.

Commr. Cadwell asked Ms. Quinnette Durkin, Property Manager and Legal Office Manager for the County Attorney’s Office, if under the two different types of leases if she had factored that at the other location the County was paying for utilities into the cost.

Ms. Durkin responded that yes, even with that the County would save approximately $5,000 a year with the relocation.

On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the lease agreement with the City of Minneola for space for the Clerk’s office in Minneola City Hall and extension of lease at Sunnyside Plaza for one month.

REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1

lake soil and water conservation contest

Commr. Hill reported judging Lake Soil and Water Conservation’s poster and speech contest, which was held at the Agricultural Center on Tuesday, November 30, 2010.  She expressed her thought that the approximately 15 speakers were all great.

redistricting

Commr. Hill asked when the Board would be addressing the issue of redistricting.

Mr. Minkoff responded that they were waiting on Census data which they anticipated would arrive around the end of the first quarter of next year.

reports – commissioner parks –district 2

Interservice/industry training, simulation, & education conference

Commr. Parks reported attending the Interservice/Industry Training, Simulation, & Education Conference (I/ITSEC) held at the Orange County Convention Center on December 1, 2010.  He mentioned he was especially impressed by the presentation of the National Flight Academy, noting he passed information from the presentation to Mr. Tod Howard, a member of the School Board.

transportation infrastructure at new Minneola high school

Commr. Parks reported receiving a copy of a resolution from the South Lake Chamber of Commerce regarding Transportation Infrastructure Issues in Area of New “BBB” High School in Minneola.  He thanked Commr. Cadwell for his service as Chairman and then expressed his agreement on having representation on the Expressway Authority.

reports – commissioner conner – district 3

montverde academy

Commr. Conner thanked Mr. Kasey Kesselring, Headmaster of the Montverde Academy, for inviting him to attend the ribbon cutting ceremony to celebrate the completion of their sports complex during the Saturday of the Miracle Field meeting.

REPORTS – COMMISSIONER campione – vice chairman and DISTRICT 4

Interservice/industry training, simulation, & education conference

Commr. Campione reported attending the Interservice/Industry Training, Simulation, & Education Conference held at the Orange County Convention Center on December 1, 2010.  She stated she was impressed with the potential opportunities for Lake County, adding that she thought it was great Commr. Parks gave information on the National Flight Academy to Mr. Howard.

sorrento elementary school

Commr. Campione reported attending the opening of Sorrento Elementary on Sunday, December 5, 2010.  She expressed her appreciation to Commr. Conner for his work bringing the elementary school to the community.

economic and business development

Commr. Campione reported that, starting December 7, 2010 the Board would be accepting suggestions on economic and business development ideas through the County’s website, as well as mailed and hand-delivered submissions, with a deadline of January 15, 2011.  She asked the other commissioners to pass this information to any of their contacts that might be interested in submitting ideas.

Mr. Minkoff stated the tentative date for a Special Session to discuss any submitted ideas on Tuesday, February 1, 2011.

 Commr. Campione noted Mr. Alan Winslow, First Vice Chairman of the Lake County Republicans, had offered his services on a volunteer basis to assist with this endeavor.  She thanked the County staff for their assistance with the project.

REPORTS – commissioner CADWELL – DISTRICT 5

joint meeting with cities regarding fire and ems services

Commr. Cadwell reminded the Board about the Joint Meeting with the elected city officials that afternoon, December 7th, at 4 P.M. at the Leesburg Community Center to discuss Fire and EMS services in Lake County.  He asked if Commr. Hill would want to head the presentation.

Commr. Hill declined, saying Commr. Cadwell should present.

Commr. Cadwell said there were advance copies of the presentation available if the Commissioners wished to review it.

Commr. Hill stated she would open the meeting, welcome everyone, and then let Commr. Cadwell give the presentation.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:20 p.m.

 

_________________________________

JENNIFER HILL, chairman

 

 

ATTEST:

 

 

 

________________________________

NEIL KELLY, CLERK