A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

November 6, 2012

The Lake County Board of County Commissioners met in regular session on Tuesday, November 6, 2012 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: Leslie Campione, Chairman; Jennifer Hill, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: David Heath, County Manager; Sanford A. “Sandy” Minkoff, 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 Courtney Vincent, Deputy Clerk.

INVOCATION and pledge

Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Heath requested to pull Tab 25, regarding improvements to Hancock Road, in order to allow the City of Clermont to take action on that issue at their November 14, 2012 City Council meeting. He hoped to present it to the Board at the November 20^th BCC meeting. He also mentioned that Ms. Amye King, Growth Management Director, had returned to work after an extended medical leave of absence. He then introduced Mr. Paul Alford as the new Library Services Manager.

Commr. Conner requested that a proclamation be added to the agenda under his report honoring the retirement of Mr. Dan Gorden, General Manager of Hawthorne at Leesburg, and to present the Proclamation to Mr. Gorden at his retirement party.

On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved adding the request for a proclamation to the agenda under Commr. Conner’s Report.

Presentation by lake county sheriff

Sheriff Gary Borders presented a plaque to Commr. Hill on behalf of the Lake County Sheriff’s Office to commemorate her 12 years of service as a Lake County Commissioner.

Commr. Hill thanked Sheriff Borders and the members of the Lake County Sheriff’s Office for their gift.

Commr. Campione mentioned that this would be Commr. Hill’s last meeting as a County Commissioner.

Employee awards

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

FIVE YEARS

Kenny Alsop, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

Michael Amedeo, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

Christopher Curry, Equipment Operator II

Public Works/Road Operations Division

Donald Davis, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

Brian Dimond, Firefighter/EMT

Public Safety/Fire Rescue Division

Jacob Greenwell, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

Blain Halbert, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

Timothy Herman, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

Logan Kreidel, Roads Maintenance Operator

Public Works/Road Operations Division

Jason Ledesma, Firefighter/EMT

Public Safety/Fire Rescue Division

Khanh Nguyen, Roadway Designer II

Public Works/Engineering Division

Glen Nicol, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

Zebulon Osborne, Automated Systems Specialist II (Not Present)

Public Defender’s Office

Robert Rickey, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

Michael Robertson, Fire Lieutenant/Paramedic (Not Present)

Public Safety/Fire Rescue Division

David Salinas, Hazardous Waste & E-Cycling Assistant Supervisor

Public Works/Solid Waste Division

Timothy Travers, Firefighter/Paramedic (Not Present)

Public Safety/Fire Rescue Division

Derek Youngblood, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue Division

FIFTEEN YEARS

Charles Kent, Area Maintenance Supervisor

Public Works/Road Operations Division

Treeva Wall, Office Associate III

Public Works/Road Operations Division

TWENTY YEARS

Mr. Heath presented the following award, commenting briefly about the employee’s service to the County:

Wendy Breeden, Public Resources Director

Public Resources Department

Mr. Jim Stivender, Public Works Director, presented the following award, commenting briefly about the employee’s service to the County:

Lori Conway, Road Operations Division Manager

Public Works/Road Operations Division

TWENTY-FIVE YEARS

Mr. Gregg Welstead, Conservation and Compliance Director, presented the following award, commenting briefly about the employee’s service to the County:

Kirsten Mabry, Probation Officer

Conservation & Compliance/Probation Services Division

RETIREMENT

Fire Chief John Jolliff, Public Safety Director, presented the following award, commenting briefly about the employee’s service to the County:

Robin Hall, Fire Lieutenant/EMT

Public Safety/Fire Rescue Division

MINUTE APPROVAL

Commr. Hill requested to change page 9, line 34 of the October 9, 2012 BCC Minutes, where it stated that she had presented a proclamation, to state that Commr. Campione had presented the proclamation.

On a motion by Commr. Hill, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 11, 2012 (Regular Meeting) as presented and October 9, 2012 (Regular Meeting) as amended.

Citizen question and comment period

No one present wished to address the Board.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 9, 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.

Lands Available List

Request to acknowledge receipt of the list of property placed on the Lands Available List as of October 2, 2012.  Lake County has until December 31, 2012 to purchase property from the Lands Available List before it is available to the public.

Request to acknowledge receipt of the list of property placed on the Lands Available List as of October 9, 2012.  Lake County has until January 7, 2013 to purchase property from the Lands Available List before it is available to the public.

Request to acknowledge receipt of the list of property placed on the Lands Available List as of October 16, 2012.  Lake County has until January 14, 2013 to purchase property from the Lands Available List before it is available to the public.

Lake County Water Authority’s Final FY 2012-2013 Budget

Request to acknowledge receipt of a copy of the Lake County Water Authority’s Final Budget for FY 2012-2013.

Deer Island Community Development District Public Meeting Schedule

Request to acknowledge receipt of a letter from Deer Island Community Development District acting as notification of their public meeting schedule and stating that the meetings will be held on the third Monday of the month at 6:00 P.M. at the Clubhouse, 18000 Eagles Way, Deer Island, Florida on the following dates: November 19, 2012 – Landowners and Regular Meeting; February 18, 2013; May 13, 2013; and August 19, 2013.

Ordinances and Resolutions from the Town of Lady Lake

Request to acknowledge receipt of certified copies of the following Ordinances and Resolutions from the Town of Lady Lake:

Ordinance No. 2012-14 regarding property owned by the Church of St. Alban’s Inc.

Ordinance No. 2012-15 regarding property owned by Richard Bowersox, et al.

Ordinance No. 2012-16 regarding Recreation Plantation in the Town of Lady Lake.

Ordinance No. 2012-17 adopting the FY 2012-13 budget for the Town of Lady Lake.

Resolution No. 2012-106 granting a variance request from Baird Home Corporation.

Resolution No. 2012-107 adopting tentative tax millage rate for FY 2012-2013.

Resolution No. 2012-108 regarding an application for the Small Cities CDBG.

Resolution No. 2012-109 regarding the Town’s Community Development Plan.

Resolution No. 2012-110 adopting the property tax millage rate for FY 2012-2013.

Legal Notice for Application for a Transfer of Water Certificate

Request to acknowledge receipt of a Legal Notice given on October 18, 2012 pursuant to Section 367.071, Florida Statutes of the application for a transfer of Water Certificate No. 518-W held by CWS Communities LP to MHC HV FL Utility Systems LLC, for the following territory in Lake County:  Haselton Village Mobile Home Park, Eustis, in Township 18 South, Range 26 East, Lake County, Section 34.

Request to acknowledge receipt of a Legal Notice given on October 18, 2012 pursuant to Section 367.071, Florida Statutes of the application for a transfer of Water Certificate No. 625-W and Wastewater Certificate No. 536-S held by Hidden Valley SPE LLC dba Orange Lake to MHC OL Utility Systems LLC to provide service to the following territory in Lake County:  The Southeast ¼ of the Northeast ¼ of Section 27, Township 22 South, Range 26 East, Lake County, Florida, less the right of way for SR 50.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 15, as follows:

Economic Development and Tourism

Request to approve a High Value Job Creation (HVJC) Program Award in the amount of $36,000.00 to First Class Air Repair, for the creation of twelve qualifying positions and approval and signature on the HVJC Program Agreement between First Class Air Repair and the Lake County Board of County Commissioners.  The fiscal impact is $36,000 (Expense).

Request to approve a Business Assistance Program (BAP) Award in the amount of $25,000.00 to First Class Air Repair, for the creation of twelve qualifying positions and approval and signature on the HVJC Program Agreement between First Class Air Repair and the Lake County Board of County Commissioners.  The Fiscal Impact will be $25,000 (Expense).

Request to approve a Business Assistance Program (BAP) incentive in the amount of $25,000, to be matched by Vista, for the expansion of the business’s office and the creation of six (6) qualifying positions.  Request for approval and a signature on the BAP agreement between Vista Clinical Diagnostics and the Lake County Board of County Commissioners.  The fiscal impact is $25,000 (Expense).

Public Resources

Request to approve the recommended branch library closings for calendar year 2013.  There is no fiscal impact.

Request for approval and signature of First Amendment to Interlocal Agreement between Lake County and the City of Minneola regarding use of library impact fees for the Minneola Schoolhouse Library.  The fiscal impact is $1,500.

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.

Request for approval of contract 13-0402 to Tom's Playground of Central Florida Inc. for Basic Park Maintenance Services.  The fiscal impact is $41,132.

Request to approve the award of 13-0410, South Lake Trail Improvements - Phase I to APEC, Inc., Orlando, Florida.  The fiscal impact is $117,442.24 (Expense).

Public Safety

Request for approval of issuance of the blanket purchase orders noted on the attachment to this agenda item to support as-required repairs to various items of Public Safety equipment.  The total annual fiscal impact for all of cited blanket purchase orders is currently estimated at $185,000, but may vary based on actual use and need.

Request for approval and execution of:  (1) Resolution No. 2012-144 to accept Urban Areas Security Initiative (UASI) grant funding in the amount of $850,632 by the Lake County Board of County Commissioners; and (2) Authorization for the County Manager to sign future amendments/modifications that do not involve financial impact.  No local match is required.  The fiscal impact is $850,632 (Revenue) and $850,632 (Expenditure).

Public Works

Request for approval and signature of FDOT LAP Agreement and Supporting Resolution No. 2012-145 for construction of CR450 Paved Shoulders (from Marion County Line to Wilson Parrish Road); and approval to advertise for bids. The fiscal impact is $2,137,452 - 100% Grant Funded (Expenditure). Commission District 5, Project Tracking # SPJ10022.

Request for approval to award contracts 12-0005 for on-call geotechnical engineering to Central Testing Laboratory, PSI, and Universal Engineering in conjunction with the County's needs.  The annual fiscal impact is currently estimated at $50,000 but may vary based on actual use and need.

Request for authorization to award CR 445 - Hibiscus Road to Deer Road East - Widening and Resurfacing, Project No. 2012-06, Bid No. 13-0001, to Art Walker Construction, Inc, in the amount of $484,427.25, and to encumber and expend funds in the amount of $186,737 (remaining balance in account) from the Road Impact Fee Benefit District 1 fund and $297,690.25 from Sales Tax Capital Project fund.  The fiscal impact is 484,427.25 (Expense). Commission District 5.

Presentations

Presentation of proclamation For national training center

Commr. Parks announced that there had been a slight text amendment to Proclamation No. 2012-116 and requested the Board approve the amendment.

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the amendment to Proclamation 2012-116.

Commr. Parks read Proclamation 2012-116 recognizing Mr. John Moore and Dr. Dot Richardson from South Lake Hospital for their accomplishments in building the National Training Center.  He then presented Mr. Moore and Dr. Richardson with a copy of the proclamation.

Mr. Moore and Dr. Richardson thanked the Board for their recognition.

Presentation of proclamation regarding hospice month

Commr. Parks read Proclamation No. 2012-129 honoring hospice staff and volunteers and recognizing November 2012 as Hospice Month.  He then presented a copy of the proclamation to Ms. Cheryl Rumbley with Cornerstone Hospice & Palliative Care.

Presentation regarding Wekiva river

Mr. Gregg Welstead, Conservation and Compliance Director, introduced Mr. Bob Levy of the Seminole County South Rotary Club to give a presentation on the Wekiva River.

Mr. Levy showed a video entitled “Promise to the Wekiva – Journey of a Wild and Scenic River,” which had been broadcasted on PBS in 2000 and discussed the importance of the Wekiva River Basin to the local ecology as well as the Floridan Aquifer and the fresh water springs that flow from it.  He then gave a presentation on the Wekiva River Promise.  He stated that the Wekiva River Basin consisted of 35 known springs and contributed to the potable water for Central Florida.  He remarked that they were looking to protect the quality of the Wekiva River, which is a National Wild and Scenic River.  He commented that he had witnessed the decline of the River over the last 40 years, and now they were trying to at least maintain the River with the ultimate goal of improving it.  He explained that this goal could be reached through teaching the public how to decrease the level of nitrates in the water, which causes an increase in algae, through such actions as preserving water and not using pesticides or wet fertilizers.  He reported that Wekiwa Springs and Rock Springs had been designated as impaired for nutrients, and more tragic effects could be seen if nothing is done.  He stated that they were asking people to use less fertilizer and pesticides and only when necessary, to have septic tanks inspected and pumped out every five years, to conserve water, and to contact politicians to stress the importance of protecting the Wekiva River Basin and Springshed.  He then distributed a copy of a magazine entitled “Promise to the Wekiva” to each of the commissioners and mentioned that the program was being brought in to schools in hopes that the message would be disseminated through the children to their parents.  He asked the commissioners if they would issue a proclamation in support of the program and pursue educating Lake County residents on the problems with the Wekiva River.

Ms. Deborah Shelley with the Florida Department of Environmental Protection mentioned that a resolution had been provided in the agenda backup for the Board to consider in the future.

Commr. Campione replied that the Board would consider the resolution.  She opined that it was a great way to promote good practices voluntarily, and she was hopeful that one or more organizations in Lake County would take on this project.

Ms. Shelley noted that teachers in some of the Seminole County schools presented the magazines to their students as an educational tool and added that magazines had been created for every reading level.

Commr. Campione asked staff to help organize a summit and invite groups that would be interested in the Wekiva River Promise.  She stated that they could present the video at the summit and then discuss the information and opportunities regarding the Wekiva River as well as ways to increase awareness.

Mr. Levy noted that the video just shown was only the introduction to a longer video put together with NPR that told the entire history of the River.

Commr. Cadwell asked if the Seminole County South Rotary Club had reached out to other Rotary Clubs to help facilitate the program.

Mr. Levy replied that quite a few were involved in the program.

Presentation regarding the SR 19 PD&E Study

Mr. Jim Stivender, Public Works Director, mentioned that the State had authorized the SR 19 PD&E Study from CR 48 to CR 561.  He introduced Mr. Steve Ferrell, Consultant Project Manager for HDR Engineering, who would present the findings of the study.

Mr. Ferrell noted that the Study covered 4.9 miles and included the bridge between the City of Tavares and the Town of Howey-in-the-Hills, which was 62 years old and had become eligible for Federal Bridge Replacement funds.  He remarked that the Study had indicated that four lanes would be required on the bridge by 2018, and a southbound right turn lane at the Lane Park Road intersection was recommended by 2038, adding that they had researched various widening alternatives as well as considered the “No Build” alternative with the goal of a four lane facility.  He explained that the project was divided into four segments:  from CR 48 to the bridge, the bridge itself, the bridge to Lane Park Road, and from Lane Park Road to CR 561.  He stated that an urban section with a design speed of 45 mph and requiring 110 feet of right of way was recommended for the section from CR 48 to the bridge as well as the section from Lane Park Road to CR 561, and explained that it would involve four 12-foot lanes, two in each direction separated by a 22-foot raised grass median as well as four-foot bike lanes on each side and five-foot shoulders on each side.  He stated that a high speed urban section with a design speed of 55 mph and requiring 148 feet of right of way was recommended for the section from the Howey Bridge to Lane Park Road, which would involve four 12-foot lanes, two in each direction separated by a 30-foot raised grass median as well as 6.5-foot bike lanes on each side and a five-foot sidewalk on the east side while on the west side between Hickory Point and CR 448 there would be a ten-foot asphalt trail that tied into the Central Lake Trail. 

Mr. Ferrell commented that in regards to spacing of median openings as well as distances for driveway placement, the high speed part of the project would be designated as Access Class 3, and the urban sections at the north and south ends would be designated as Access Class 5.  He added that a roundabout was recommended for the intersection of SR 19 and CR 48.  He reported that the recommendation for the bridge was to construct a new northbound bridge to the east of the current bridge and then tear down the current bridge and replace it with a new southbound bridge in approximately the same location.  He related that the public hearing for the project would be held on November 27^th beginning at 5:30 PM at Adventure Christian Church in Tavares, and the Study would conclude with the Location and Design Concept Acceptance from the Federal Highway Administration the following spring.  He mentioned that there were funds for the design of the four-lane project in Fiscal Year (FY) 2013/14, but stated that the bridge replacement funds would only cover the cost to replace the current bridge with another two-lane bridge, and the funding for that design would also be available in FY 2013/14.  He added that right of way would be funded in FY 2014/15 for the north and south ends and the design build was scheduled for funding in FY 2016/17.  He stated that they were not requesting any formal action from the BCC at this time.

Commr. Campione reported that she had been contacted by residents concerned about the project, especially the southern section of the four-lane concept, because they believed it was premature to consider a four-lane road at this time.

Commr. Conner mentioned that he had also been contacted by residents expressing their concerns for the project.

Mr. Ferrel remarked that the recommendation had been based on the traffic analysis and through working with regional track models.

Mr. TJ Fish, Executive Director of the Lake-Sumter MPO, mentioned that at the June meeting of the MPO there had been discussion regarding the timing of the four-lane road, and it was understood that the project was separate from the bridge replacement funds and would not be needed until after 2025.  He remarked that it was up to the MPO to prioritize the funds to keep the project on hold until there is evidence that it is needed, but they had the ability to prepare now for when the bridge would be needed.

Mr. Ferrel specified that the bridge replacement right of way acquisition would take place in FY 2014/15, and construction would be funded in FY 2016/17 only for the bridge.  He stated that the only funding approved for the four-lane project was for the design.

Mr. David Cooke, Project Manager from the Florida Department of Transportation (FDOT) District Five, stated that the recommendation was for the Board to purchase the right of way needed for the entire four-lane project only in the area impacted by the bridge replacement in order to prevent the Board from having to address the right of way issue later once the four-lane road was needed.

Mr. Ferrel mentioned that the plan shifted the position of the four-lane road back and forth to minimize impacts to neighboring areas, but there were some places that would be impacted no matter what.  He added that at Cypress Point specifically they held the right of way line on the east side to ensure they did not encroach on properties to the south of the north end of Savage Circle.  He noted that there was one parcel between Savage Circle and the lake that would be impacted, but it was an unoccupied parcel.

Mr. John Drury, City Administrator for the City of Tavares, commented that the public outreach had been good but that there was a little conflict with the water lines, sewer lines, and reclamation lines because the State did not have the ability to fund the relocation of that infrastructure.  He stated that the City would be working with FDOT on trying to identify who will pay for the relocation.

Ms. Linda Bystrak, a resident of the City of Leesburg and a member of the Lake County Water Authority (LCWA) Board, stated that the LCWA Board had been offered the use of the old bridge as a fishing pier.  She noted that the LCWA had not voted on this issue and mentioned that she had suggested keeping the bridge intact to use it as a fishing pier as well as a bike path and walking trail.  She postulated that using the old bridge this way would reduce the cost of the new bridge because it would eliminate the need to add bike lanes.

Mr. Ferrel confirmed that they had discussed the issue with the LCWA but that FDOT would not maintain the old bridge once a new bridge was built.  He mentioned that there were costs associated with maintaining the old bridge, and it would be a matter of who would cover those costs and the liabilities.  He stated that FDOT had proposed possibly leaving a short segment near Hickory Point to serve as a fishing pier, but there would be costs associated with upgrading even that small section of bridge to the necessary standards as well as maintaining it.  He remarked that FDOT had not heard any response to that proposal.

Commr. Campione asked if the only issue with the old bridge remaining was that the FDOT would not maintain it.

Mr. Ferrel clarified that because of the condition of the old bridge, it would take more to maintain it than budgeted, which was why it was being replaced.

Mr. Cooke added that the plan was to eventually construct the second bridge in the footprint of the old bridge.

Commr. Campione suggested using the old bridge as a trail until it was time to construct the second bridge and then design the new bridge to incorporate the trail.

Mr. Cook reminded the Board that any funds put into the old bridge would essentially be wasted since it would eventually come down.

Mr. Fish remarked that it was an option for the County, Howey-in-the-Hills or Tavares to look at what happens to the old bridge.  He then noted that there would be a public workshop to gain information and comments on US 441 from Donnelly Street to SR 46 on Thursday, November 8^th from 5:00 PM to 7:00 PM at the Mount Dora Community Center.

Commr. Campione suggested that Mr. Fish could coordinate a meeting between the BCC and the City of Tavares, the Town of Howey-in-the-Hills, and the LCWA to discuss whether there was any interest in maintaining the old bridge.

Mr. Fish replied that this was the perfect topic for the MPO’s East Lake Task Force, and he would add it to their agenda.

RECESS AND REASSEMBLY

The Chairman announced at 10:17 a.m. that there would be a ten-minute recess.

Public hearing

Ordinance relating to family gardens

Mr. Minkoff placed the proposed ordinance on the floor for its second 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 ADD A DEFINITION FOR “FAMILY GARDEN”; AMENDING CHAPTER III, ENTITLED ‘ZONING DISTRICT REGULATIONS”, SECTION 3.01.02, ENTITLED “CLASSIFICATION OF USES”, AND SECTION 3.01.03, ENTITLED “SCHEDULE OF PERMITTED AND CONDITIONAL USES”, TO ADD PROVISIONS AND REGULATIONS FOR FAMILY GARDENS, AND TO ADD FAMILY GARDENS AS A PRINCIPAL, PERMITTED USE IN THE RA, AR, R1, R2, R3, R4, R6, R7, R10, RP, RMRP AND RM ZONING DISTRICTS; AMENDING CHAPTER IX, ENTITLED “DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS”, SECTION 9.02.05, “CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMIT”, IN ORDER TO ALLOW TREES LOCATED IN THE FOOTPRINT OF A FAMILY GARDEN TO BE REMOVED; 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 present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2012-70 amending the Land Development Regulations in order to permit the planting of “Family Gardens”, or a private garden up to one-half acre in size as the principal use of a property, that iS planted and harvested for the benefit and use of an individual, family or subdivision community.

County manager departmental business

conservation and compliance

South Lake Regional Water Initiative presentation

Mr. Heath stated that Commr. Parks and some of the representatives from cities in the South Lake region were going to address the St. John’s River Water Management District (SJRWMD) Governing Board in the next week.  He noted that the BCC had requested at their last meeting to see the presentation to be given regarding the South Lake Regional Water Initiative.

Mr. Gregg Welstead, Conservation and Compliance Director, stated that the South Lake Regional Water Initiative was a partnership developed as part of an economic development initiative by the South Lake Chamber of Commerce where the cities of South Lake County joined with the South Lake Chamber, the County, and the LCWA to look at future water issues for the region.  He listed the following objectives: unify all water authorities, utilities and citizens into a common task force; conserve and protect water resources; plan and manage water consumption to meet economic goals; create cost effective and sustainable alternative water supply sources; develop workable ideas through creativity and technology; and to educate the public about how the water system works.  He mentioned that every South Lake municipality except the City of Clermont had a CUP set to expire soon, and because of this it was imperative that future water issues be addressed immediately.  He listed three alternatives for water for South Lake:  Coquina Coast, Yankee Lake, and South Lake Reclaimed from Conserv II; and he remarked that the South Lake Reclaimed alternative was by far the most economical.  He commented that withdrawing local surface water as a potable water alternative would not work because the lakes were being preserved to maintain the aquifer.  He stated that the proposal was a sub-regional reclaimed water distribution system that would tie all five of the cities together.  He explained that Project 1 would take place in the City of Clermont where a three million gallon ground storage tank would be constructed on one of the City’s existing facilities to store reclaimed water.  He noted that the piping on the project would accommodate both Groveland and Minneola and had a cost estimate of $1.48 million.  He reported that an RFP had been issued for this project, and the intent was to award a contract in January.  He explained that Project 2 would take place in the City of Groveland where the Eagle Ridge Reclaimed Water Distribution Facility would replace the Green Valley Waste Water Treatment Plant.  He added that 12,000 feet of piping would be installed, taking about 800,000 gallons of water currently pumped onto a golf course and putting it into the reclaimed water system to provide water for three subdivisions at an estimated cost of $1.65 million.  He remarked that once the projects were completed, they would be the foundation for a system-wide reclaimed water project in South Lake.  He commented that the benefits of the sub-regional reclaimed water distribution system connecting Conserv II to South Lake Cities were that it supported MFL Prevention/Recovery Strategy bringing water closer to MFL water bodies, replenished the aquifer by putting reclaimed water on high recharge areas benefiting the District, provided the only economically viable alternative water supply for cities, directly offset groundwater for irrigation, and offered opportunity for continued economic development.  He stated that the cities were requesting for the SJRWMD Governing Board to provide grant assistance to fulfill the initial Sub-Regional Reclaimed Water Distribution System Projects 1 and 2 and to facilitate the provision of Conserv II reclaimed water.

Commr. Parks commented that the South Lake Water Initiative was the best and most cost effective way to supply water in the future for South Lake businesses and residents while also protecting the lake levels.  He noted that he would be making this presentation next week.

Commr. Cadwell asked if Conserv II would guarantee the water capacity.

Commr. Parks replied that they hoped so.

Commr. Campione asked if having the SJRWMD involved would help secure a designated amount of water to be provided.

Commr. Parks replied that that was correct and was the reason they needed the help of the SJRWMD.  He specified that the grant money they were requesting was to complete the first step of the whole project, which was to eventually interconnect some of the reclaimed water systems and possibly even the potable water systems.

Commr. Cadwell asked if there had been any discussion regarding how much this could also save Conserv II from having to expand.

Commr. Parks remarked that that was a good point, and he did not believe that such a discussion had taken place yet.  He opined that the project was a great model of a sub-regional approach for working together on the water issue.

Ms. Bystrak addressed the Board concerning the intent to use reclaimed water to help maintain the aquifer.  She referenced a book about water solutions entitled, “Blue Revolution” by Ms. Cynthia Barnett, and read a section from page 36 of the book regarding pumping water into aquifers.  She then mentioned that two years ago Conserv II had reported that one of their test wells had a nitrogen concentration of seven parts per million (PPM) and at 10 PPM a person could not obtain federal loans for houses that needed wells.  She recommended that if the County intended to inject reclaimed water into the aquifer, they monitor the nitrogen levels to ensure they remain low enough to avoid negatively impacting property owners.

Commr. Parks remarked that Ms. Bystrak made a good point and that the cities should monitor those levels to ensure proper nitrogen levels.

County manager

Replacement of railroad bridge over the dora canal

Mr. David Heath, County Manager, reported that the request for the County to provide $28,000 of the local match to replace the railroad bridge over the Dora Canal came from the City of Tavares, and noted that the original request that came before the Board on June 15, 2010, had been for the County to provide half the local match for the bridge at $42,000.  He recapped that the Board had not taken any action at that previous meeting, and since that time the City has secured other funding partners to help cover the local match and was now looking to split the local match between Tavares, Mount Dora, and Lake County.  He reported that the funds were available and that staff recommended approval of the request.

On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the contribution request from the City of Tavares to Lake County for $28,000 toward the costs to replace the railroad bridge over the Dora Canal and the Budget Transfer from Economic Development Reserves.

Growth management

Green swamp mining committee recommendations

Mr. Welstead related that the 2030 Comprehensive Plan (Comp Plan) required the Board to create a committee to evaluate the existing protections from mining in the Green Swamp Area of Critical State Concern (GSACSC) in order to discern what changes might be needed.  He introduced Ms. Tracy Mouncey, Chairman of the Green Swamp Mining Committee (GSMC), to read their recommendations regarding mining in the GSACSC.

Ms. Mouncey thanked the Board for the opportunity to be on the GSMC and then recognized and thanked Ms. Nancy Fullerton, Environmental Advocacy Organization; Mr. Kraig McLane, SJRWMD; Mike O’Berry, Sand Mining Industry; Steve Adams, Professional Environmental Consultant; Doug Dufresne, Professional Geologist; and Commr. Cadwell, BCC Liaison, for their work on the Mining Committee.  She also thanked the State Agency partners for the help they provided.  She reported that the GSMC began meeting in January 2012 and stated that nine meetings had been held to review policies and regulations and make recommendations, if needed.  She announced that the GSMC had identified five objectives and accompanying recommendations and listed the objectives as follows: ensure sand mining is not prohibited in the GSACSC; ensure any existing or proposed regulations are clear; eliminate overlapping or duplicative review; ensure water quality and quantity are maintained or improved; and prevent, avoid or mitigate mining impacts to wildlife and habitat.  She stated that the recommendation for the first objective was to ensure sand mining is allowed in GSACSC as currently allowed in the Comp Plan.  She stated that the recommendations for the second objective were to revise regulations and policies to replace the term “Restoration” with the term “Reclamation”; revise Chapter VIII, Green Swamp LDR to remove outdated agency references and ensure consistency with open space, submittal requirements, development area, etc. required by the Comp Plan; amend the mining ordinance for clarity and include the prohibition of mining within the GSACSC with the exception of sand mining; revise Development Review Criteria of the LDR to be consistent with the Comp Plan; and revise the policies contained in the Comp Plan to ensure the terms “Prime Recharge Area,” “Recharge Area,” and “Protected Aquifer Recharge Areas” are consisted with the SJRWMD’s terms and definitions as they pertain to mining in the GSACSC.  She stated that the recommendation for the third objective was to revise regulations and policies to replace the term “Restoration” with the term “Reclamation.”  She stated that the recommendation for the fourth objective was to maintain existing mining regulations and continue to support those standards to protect those resources consistent with the Statutes and Rules, as may be amended.  She stated the recommendations for the fifth objective consisted of ensuring policies and regulations were consistent with U.S. Fish and Wildlife Service and Florida Fish and Wildlife Commission rules and regulations and maintaining existing open space requirements to protect a portion of the upland area from mining development.  She noted that the GSMC also discussed investigating the viability of acquiring lands in the GSACSC for open space for long-term public conservation; considering a Transfer of Development Rights program to allow the transfer of development rights to areas outside of the GSACSC and possibly in the GS Ridge Future Land Use Category; and maintaining a consulting or staff hydrologist to review mining applications.

Ms. Bystrack addressed the Board on behalf of the Oklawaha Valley Audubon Society in opposition to any mining in the GSACSC.  She read a letter from the Audubon Society that had been sent to the commissioners prior to the Board Meeting, which stated their official opposition against the creation of new or the extension of existing sand mines within the GSACSC.  She also stated that the Audubon Society was requesting that the BCC withhold approval of the GSMC’s recommendations until the Lake County Water Authority (LCWA) study of the surface water flows and hydrology in the GSACSC and Clermont Chain of Lakes was completed.

Ms. Nancy Fullerton, a resident of Clermont, a member of the GSMC and President of the Alliance to Protect Water Resources (APWR), addressed the Board.  She distributed four documents to the Board including notes from the APWR regarding mining in the GSACSC and a proposal for a hydrological study.  She opined that a hydrological study should be conducted on the impacts of sand mining and other activities in the GSACSC.

Mr. Heath noted that staff had been providing the Board with emails on this issue over the past few days, and he disclosed that he had just received an email from Ms. Marjorie Holt on behalf of the Sierra Club Central Florida Group expressing their objections to the GSMC’s recommendations.  He clarified that the requested action was for the Board to accept the recommendations of the GSMC, and then staff would go forward with developing replacement policies for the Comp Plan.  He specified that it would be at that point that any actual changes would be approved.

Commr. Parks noted that the study from the LCWA would be completed in about 32 weeks and asked if it would coincide with any Comp Plan amendments.

Mr. Heath explained that they could hold off until the LCWA study was completed, but it would create the problem of what to do with any applications received in the GSACSC in the meantime.  He also explained that that was why he recommended moving forward with the Comp Plan amendments and to see how far along the County was in that process when the study was completed.

Commr. Parks commented that he was very interested in the study’s outcome.

Commr. Cadwell noted that everyone on the GSMC had agreed that the County’s current mining ordinance was a great ordinance, and he mentioned that it was used by other regions looking to strengthen their mining ordinances.

Commr. Hill asked whether the other items that Ms. Mouncey had mentioned at the end of the presentation would be included in the Comp Plan.  She also asked whether the volume of applications would warrant a full time staff hydrologist.

Mr. Heath clarified that the mention of acquiring lands in the GSACSC for open space and maintaining a consulting or staff hydrologist were not Comp Plan issues but rather budget issues, and staff would consider modifying the existing Transfer of Development Rights program to take the recommendation from the GSMC into consideration.  He also opined that the volume of applications did not warrant a full time staff hydrologist.

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Green Swamp Mining Committee’s recommendations.

Enterprise zone development agency quarterly report

Ms. Anita Greiner, Chief Planner for the Planning and Zoning Division of Growth Management, addressed the Board to provide an update on the Lake County Enterprise Zone as required by Ordinance No. 2011-58.  She recapped that the Enterprise Zone Strategic Plan had been approved by the Board on December 20, 2011, which consisted of nine community objectives and goals:  streamlining the permitting and review processes; meeting with businesses to determine needs; updating ordinances; creating a Countywide partnership; pursuing opportunities to strengthen the area; increasing awareness of local resources; recruiting targeted industries; creating vibrant neighborhoods with quality, affordable housing; and enhancing community aesthetics.  She reported that the Plan also consisted of five measurable goals:  Reducing the unemployment rate; increasing educational attainment and job training; increasing sustainable business; reducing the poverty rate; and reducing the crime rate.  She noted that on December 29, 2011, the Florida Department of Economic Opportunity designated the Board nominated area as a Florida Enterprise Zone effective as of January 1, 2012.  She then noted that on January 24, 2012, the County entered into an Interlocal Agreement with the cities of Eustis, Leesburg, and Mascotte, agreeing to cooperate with the implementation of the Enterprise Zone Program and the Enterprise Zone Strategic Plan.  She explained that the Enterprise Zone was split into three areas, with an area in Eustis north and south of SR 44 within City limits, an area in Leesburg north and south of Main Street with the majority of the area in the City, and in Mascotte where the majority of the area was in unincorporated Lake County.  She mentioned some benefits to being a business within the Enterprise Zone, including extra State incentives such as jobs credits; property tax credits; community contribution tax credits; sales tax exemptions for building material, business equipment, and electrical energy used; jobs credits against the sales tax; and child care facility property tax exemptions.  She stated that the Enterprise Zone Development Agency was created by Ordinance 2011-58, and the Board appointed ten members to the Agency on June 12, 2012.  She added that on September 11, 2012, the Board approved the nominations of Ms. Sue Cordova as Chairman and Mr. Robert Cronin as Vice-Chairman of the Agency.

Ms. Cordova commented on the diversity of the Agency and the benefit of having varying perspectives.  She stated that the Agency’s responsibilities were to monitor the implementation of the Strategic Plan and measurable goals; conduct an annual review and update; conduct monthly reports to the Florida Department of Economic Opportunity, quarterly reports to the Board and the Cities, and yearly reports; identify and recommend ways to remove regulatory barriers; identify needs and resources for eligible businesses; assist in promoting incentives; recommend boundary changes as needed; and work with nonprofit consulting organizations, Enterprise Florida, Inc. and State offices.  She noted that the first meeting of the Agency was on August 15, 2012, and staff from the County and the three Cities gave presentations to the Agency on September 18^th.  She stated that the Agency’s next meeting was scheduled for December 3^rd.  She remarked that one of the goals of the Agency was to create a brochure to promote education on the Enterprise Zone and the incentives involved and added that distribution of the brochure began on September 17^th.  She mentioned that the Enterprise Zone Website was also published on September 17^th, and the three Cities had each posted the link to the Enterprise Zone on their websites.  She also reported that through the next year the Agency would work with the three Cities and the County to talk with existing businesses in the Enterprise Zone to offer help with things like increasing the number of employees, improving the conditions in their building, and ensuring eligibility for State and Federal incentives.  She stated that the Law Enforcement Representative position on the Enterprise Zone Development Agency was still awaiting appointment, and once that position was filled, the Agency could move forward on developing more relationships with business owners.

reports – county attorney

appeal to challenge costs billed for JUVENILE detention care

Ms. Stephanie Glass, Teen Court Specialist for Conservation and Compliance, explained that Florida Statute dictated that the State and counties were responsible for sharing the cost of Juvenile Detention, with the counties responsible for any costs related to predisposition stays, and at the beginning of each month the counties paid the estimated costs of detention.  She noted that any difference between the estimated and the actual costs were reconciled at the end of the State’s fiscal year.  She stated that each county’s share was based upon the usage during the previous fiscal year and explained that the number of days used during the last fiscal year were divided by the number of days used by all of the counties to calculate the percentage for the individual county, and then that percentage was multiplied by the cost of detention care to calculate the county’s estimated annual cost which was billed in monthly installments.  She remarked that at the end of the fiscal year, the Department of Juvenile Justice must provide an annual reconciliation statement to each county showing the difference between estimated costs and the actual costs, and the county would be credited or debited for the difference.  She informed the Board that the detention reports were reviewed monthly for address verification, and challenges to the annual reconciliation must be filed by petition to the Division of Administrative Hearings within 21 days of the statement date.  She stated that the counties challenging the cost share billing methods have been successful, relating that two Administrative Law Judges have upheld the counties’ challenges and found that the Department of Juvenile Justice was billing incorrectly, although the Department of Juvenile Justice was appealing those decisions.  She remarked that this affected Lake County because for fiscal year 2010/11, there was a difference of $71,761 in Lake County’s contributions, and in fiscal year 2011/12, the difference was $112,096.  She noted that for fiscal year 2011/12, the difference equated to 18 percent of the juvenile cost share budget for the County.  She stated that staff was working closely with the FAC on this issue and expect a legislative resolution, and staff was also working closely with local legislators to ensure the County’s best interests were represented during resolution discussions.

Mr. Minkoff stated that the reconciliation letter for 2012 had just been received, so this was the time to file a challenge to that.  He recommended that the Board authorize his office to file the administrative challenge, adding that it would be handled internally using County Attorney’s staff with Ms. Glass as their resource.  He noted that the County did not challenge the 2011 fiscal year reconciliation, but one of the court cases was still open with the other counties, and he opined that the County should try to intervene in that case and add Lake County’s challenge to the others.  He stated that he anticipated that nothing would happen, and the County will probably abate the cases immediately until it is seen what the courts and legislators do with the process.

Commr. Hill asked how there was a discrepancy every year.

Ms. Glass replied that there had been a number of issues such as the Department of Juvenile Justice tethering all of the counties to one certain cost of detention, so if there was a change in one county’s bill, then all of the others were changed as well.  She added that there was also an issue with the Department judging the cost of detention based on the legislative appropriation of the maximum that the counties can be charged.  She also added that the other funds used to finance Juvenile Detention were being used less because the contributions from the counties were being used for post-disposition as well as predisposition.  She finally mentioned that the Department changed the definition in 2010 where Statute says “Final Court Disposition” to say “Commitment to Juvenile Justice;” so the State was only paying for the children who were sent away to a program, which significantly increased the county days.

On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the request from the County Attorney to authorize the County Attorney's Office to file an administrative appeal to challenge the actual costs billed to the County by the Department of Juvenile Justice for detention care for fiscal year 2012 and 2011.

Termination of leased space in Tavares

Mr. Minkoff remarked that since 2009, County staff had reduced lease space by 30,000 square feet, saving the County approximately $500,000 annually.  He stated that the request was to terminate lease space of approximately 10,000 square feet at 1300 Duncan Drive in Tavares that the County had leased since 2006, at a cost of $15.21 per square foot with the landlord providing many services at the property.  He specified that the lease required a six-month termination notice, so if the Board approved to terminate the lease, it would become effective as of May 6, 2013.  He mentioned that the landlord had already been notified that the request to terminate the lease was being brought before the Board.  He reported that the space was currently being used by the Health and Human Services, Housing Services, and Public Transportations Divisions of Community Services as well as the Probation and Court Services Division.  He requested that the Board terminate the lease, saving the County $152,100 annually, and to exercise the 180-day notice.

Mr. Kristian Swenson, Facilities and Fleet Management Director, mentioned that there were two current leases that would remain after the proposed lease reduction, which were the lease for 437 Ardice Avenue in Eustis and for 323 North Sinclair Avenue in Tavares.

Mr. Minkoff added that those were the only two leases housing County personnel; the other leased properties held offices for the constitutional officers.

Mr. Swenson discussed the 323 N. Sinclair Ave. lease first, stating that the building currently housed the Clerk of Court’s Information Technologies (IT) staff.  He mentioned that the Clerk’s IT staff were planned to be relocated into the Courthouse Expansion due to new electronic records requirements.  He reported that the leased space was approximately 3,100 feet and cost the County $36,000 annually.

Mr. Minkoff commented that the lease was beginning to be renegotiated, and with the Board’s approval, would be brought back in December for the Board to vote on.

Mr. Swenson remarked that the building was planned to provide office space for the Housing Services Division as well as the Health and Human Services Division of the Community Services Department.  He noted that the Public Transportation Division would be relocating to the former FHP building in Fruitland Park.

Commr. Cadwell asked if parking had been taken into consideration for the lease on Sinclair Ave.

Mr. Swenson answered that County staff would park in the parking garage, and the small parking lot on the property would be for customers.  He also stated that there were some desired improvements on the building such as new signage, a wall separation and an office that would be required, and some door threshold modifications.  He then discussed the 518 West Alfred Street lease in Tavares, stating that it was proposed to house the Probation and Court Services Division.

Commr. Cadwell commented that they needed to designate a bus stop by that building if there was not one there already.

Mr. Swenson remarked that the building needed improvements such as making the current bathrooms ADA accessible and new signage as well as some minor interior door and wall modifications.

Mr. Minkoff stated that the goal was to terminate the lease on the Duncan Drive property, begin the necessary improvements for the Sinclair Avenue and the Alfred Street buildings, and bring back any contracts and budget amendments to the Board as necessary.  He requested the Board approve the termination of leased space on Duncan Drive.

On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the termination of leased space with Lakco Land Trust for space located at 1300 Duncan Drive, Building E, Tavares. The fiscal impact is an annual savings of $152,100.

REPORTS – COMMISSIONER hill – DISTRICT 1

Expression of appreciation

Commr. Hill thanked the rest of the Board members for the award and recognition she had received during the State of the County meeting on October 30, 2012.

PRESENTATION OF GIFT TO COMMR. HILL

Commr. Campione presented Commr. Hill with a framed copy of the 2012 Wings and Wildflowers Festival poster.

reports – commissioner parks – district 2

Anniversary of Marion Baysinger Memorial County Library

Commr. Parks reported that he had attended the Marion Baysinger Memorial County Library’s 10th anniversary celebration.

Lake County’s 125^th anniversary

Commr. Parks suggested that Commr. Conner talk with the History Committee regarding celebrating the County’s 125th anniversary.

Morningstar Fisherman Aquaponic Research & Training facility

Commr. Parks reported that he and Mr. Todd Howard, a member of the Lake County School Board, had visited Morningstar Fisherman Aquaponic Research and Training facility in Pasco County.

Wellness Way presentation

Commr. Parks thanked staff for their work on the Wellness Way presentation and noted that Commr. Conner and Commr. Campione had been in attendance at the presentation.  He also mentioned that Commissioner Elect Sullivan had also been present.

reports – commissioner conner – district 3

Proclamation honoring the retirement of Mr. Dan Gorden

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2012-143 honoring the retirement of Mr. Dan Gorden, General Manager of Hawthorne at Leesburg, and for Commr. Conner to present the Proclamation to Mr. Gorden at his retirement party.

National Hunger & Homelessness Awareness Week

On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2012-142 proclaiming November 10-18, 2012 as National Hunger and Homelessness Awareness Week.

Recognition for donation to hurricane sandy victims

Commr. Conner reported that Mr. Doug Reichwein, Vice President of the Lake County Farm Bureau in Tavares, had collected donations from the community for victims of Hurricane Sandy and then was going to drive a truck donated by U-Haul up north to donate the items.

REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4

Change to state of the county video

Commr. Campione suggested changing the beginning of the State of the County video by removing her picture and inserting a picture of the entire Board so any of the Board members could use the film for the purpose of going out and making a presentation.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:04 p.m.

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leslie campione, chairman

ATTEST:

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NEIL KELLY, CLERK