A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
april 22, 2014
The Lake County Board of County Commissioners met in regular session on Tuesday, April 22, 2014 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: Jimmy Conner, Chairman; Sean Parks, Vice Chairman; Timothy I. Sullivan; Leslie Campione; and Welton G. Cadwell. Others present were: David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Mr. Jim Briggs from the Baha’i Group of Lake County gave the Invocation and led the Pledge of Allegiance.
Agenda update
Commr. Campione asked that the discussion regarding Tab 28 be moved up to the time when the Public Defender arrives in order not to delay him or Sheriff Borders from their duties.
proclamations
emergency medical services week proclamation
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2014-45 proclaiming the week of May 18-24, 2014 as "Emergency Medical Services Week" in Lake County.
fm, me, and mcs awareness month proclamation
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2014-46 proclaiming May 12th as Fibromyalgia (FM), Mialalgic Encephalomyelitis (ME) and Multiple Chemical Sensitivity (MCS) Awareness Day.
roberto aguayo proclamation
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2014-47 for Roberto Aguayo, place kicker for Florida State University and recipient of the Lou Groza Collegiate Place-Kicker Award.
law enforcement month proclamation
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2014-48 proclaiming May 2014 as Law Enforcement Month.
100th anniversary of cooperative extension service
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2014-49 recognizing the National 100th Anniversary of the Cooperative Extension Service.
MINUTE APPROVAL
On a motion by Commr. Campione, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 25, 2014 (Regular Meeting) and March 25, 2014 (Lake County Community Redevelopment Agency) as presented.
citizen question and comment period
Mr. Vance Jochim, a resident of Tavares and writer of a blog about fiscal issues, commended the Board and staff regarding the Economic Development Summit event which connected local businesses with the local high schools, Lake Tech, and state college groups which had special programs and certifications. He also commented that although he has made some critical comments regarding the South Sector Plan in the past, he has recently learned after talking to staff that this plan implements things that would strengthen property rights and freedoms as opposed to big government control of land-use planning, and he wanted to commend staff for doing a great job on that as well.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 3, 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.
Resolution from the City of Minneola
Request to acknowledge receipt of City of Minneola Resolution for Findings of Necessity for the Minneola Downtown CRA (proposed to be renamed the City of Minneola CRA) to consider Resolution 2014-06 at its April 15, 2014 regular City Council meeting.
The Resolution makes certain findings of necessity for the expansion of the boundaries of the Minneola Downtown CRA (created pursuant to Resolution 2013-06) to include the property subject to the Minneola Mountain CRA (the “Mountain Property”). The resolution further provides for the renaming of the Minneola Downtown CRA to the City of Minneola CRA. Essentially, the Minneola Mountain CRA and the Minneola Downtown CRA areas will be merged, the surviving Minneola Downtown CRA will be renamed, and the base year for the newly added property will be reset to 2014. The City Council will continue to serve as a Community Redevelopment Agency pursuant to F.S. 163.357(1)(a).
The meeting will be held April 15, 2014 at 6:30 p.m. at the Minneola City Hall located at 800 N. US Hwy. 27, Minneola, FL, 34715. The Resolution may be inspected at the City Clerk’s office located in City Hall on Monday through Thursday from 7:30 a.m. to 6:00 p.m.
Comprehensive Annual Financial Report
Request to acknowledge receipt of the Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2013 from the Southwest Florida Water Management District in CD format and a copy of the District’s Fiscal Year 2013 Annual Financial Report (AFR), along with cover letter transmitting same dated April 2, 2014.
COUNTY MANAGER’S CONSENT AGENDA
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 8 through 16 as follows:
Community Safety and Compliance
Request for approval of a release of lien in the amount of $2,500 for animal services special master fine in recognition of payment. The fiscal impact is $2,500 (Revenue) from fine paid June 2012.
Economic Development and Tourism
Request for approval to sponsor the 18th Annual Leesburg Bikefest for $40,000. The fiscal impact is $40,000 (expenditure). Commission District 3.
Public Resources
Request for approval and signature of the State Aid to Libraries Grant Agreement, Amendment Number 1 to the Grant Agreement. The fiscal impact is $211,535 (Revenue).
Public Safety
Request for approval of the Amendment to the 1988 Cooperative Agreement between Lake County and the Florida Department of Agriculture and Consumer Services/Florida Forest Service for FFS to provide fire protection for forest and wild lands within the County, effective FY14-15. The fiscal impact is $25,121.32 (expenditure) annually.
Public Works
Request for approval and acceptance of the attached list of public right of way deeds that have been secured in conjunction with roadway and / or stormwater projects. There is no fiscal impact. Commission Districts 2, 3, 5.
Request for approval to advertise for bids for the Washington Avenue Area Stormwater Retrofit project Phases 3 & 4. The funding will come from the MSTU - Stormwater Fund, Construction / Washington Avenue Fund. The fiscal impact is $912,600 (Expenditure). Commission Districts 4 & 5.
Request for approval to advertise for bids for the Lake Saunders Outfall Drainage Improvement project. The funding will come from the MSTU - Stormwater Fund, Construction / Lake Saunders Project. The fiscal impact is $750,000 (Expenditure). Commission District 3.
Request for approval of Resolution No. 2014-50 for construction of N. Hancock Rd. and a new Turnpike Interchange in Minneola. There is no fiscal impact. Commission District 2.
Request for approval to award CR 445 Widening and Resurfacing (SR 19 to Hibiscus Road), Project No. 2014-05, Bid No. 14-0012, to D.A.B. Constructors, Inc., in the amount of $562,562.62, and to encumber and expend funds from the Renewal Sales Tax Capital Projects – Infrastructure fund. The fiscal impact is $562,562.62. Commission District 5.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 17, as follows:
Request for approval of a settlement in Case No. 2014-CA-000196, Lake County vs. Chandradat Singh, et al, an eminent domain case involving property located on North Hancock Road. The fiscal impact is $43,300 (Expenditure).
presentation by children’s services grant recipients
Ms. Rebecca Foley-Kearney, Children and Elder Services, introduced the representatives and their agencies that would be giving presentations and were recipients of the Children’s Services grants from the Board.
Ms. Suzanne Caporina, Vice President of Programs at Easter Seals Florida, Inc., Camp Challenge, stated that Ms. Maggie Denk would give historical information about their camp. She also announced that they were starting a summer day camp Monday through Friday for children ages 6 through 12 years old in addition to their overnight camp, and she invited everyone to attend their open house which was scheduled for May 10 from 12:30 to 4:30 p.m. to meet their staff and see their facilities. She thanked the Board for their support.
Ms. Maggie Denk, Camp Director at Camp Challenge, related that their camp has been operational every summer since 1961 and opined that it was unique that they serve both children and adults with disabilities, some of whom have been part of their camp since 1961. She mentioned that their campers learn skills at camp that they take back to their communities and lives to do some really great things. She emphasized that Camp Challenge offers a large variety of different activities for both able-bodied and disabled campers, including a zip line and rock wall with adaptive harnesses, swimming pool, arts and crafts, paint ball, nature trail, and fire pit, all of which are fully accessible. She commented that the camp gives children experiences which are similar to those of their peers over the summer, giving them a sense of normalcy, and it is often the adults’ one vacation of the year. They also help parents and caregivers allow their children to be as independent as they can, while giving those caregivers some respite from caring for the individuals with disabilities, which also allows them to give more attention to other siblings in the family who do not have disabilities.
Ms. Gail Weidner, Program Manager, Take Stock in Children, directed the Board’s attention to a graph that she provided to them that compares the dropout rates between the State of Florida, Lake County, and the Take Stock in Children Program. She opined that the current dropout rate in the state of 1 in 4 high school students is alarming, and she pointed out that the dropout rate in Lake County is not very far behind at 21 percent, while the dropout rate of students in the Take Stock in Children program is only two percent. She related that they were accomplishing this by providing scholarships, mentors, and hope to low-income students in their community, and she specified that they have provided over 600 students with college scholarships since their inception in 1996. She reported that they currently have 137 high school students in their program, who came into the program in the eighth grade after an application and interview process and who are all on track to graduate from high school; and she added that they have 215 students who are currently enrolled in college and 167 students who have received a post-secondary degree, eleven of which have received a master’s degree and four of which have gotten a doctorate. She related that they would be inducting two new students into their program in two days at their contract-signing celebration, and three of those students are receiving scholarships with funds that were provided to them through the Children’s Services Council. She also mentioned that volunteer mentors are an important part of their program, and their 113 mentors have logged over 3,000 hours in meeting with their students this year. She told the story of a student who was homeless and bouncing from school to school and whose mentor has been staying with him through those moves in order to give him some stability in his life as well as provide him with some necessities, and she pointed out that the student has kept up his grades, gotten a scholarship, and stayed within compliance of the program throughout all of this, due to the influence of this program.
Mr. Jack Foreman, CEO and President of the Converge Teen Centers Mentoring Program, related that their mentoring program is just getting started and is currently working with 25 kids, with 20 more signed up for the program. He commented that they were a frontline access to services for about 70 to 80 participants who have all kinds of problems and who were 12 to 17 years old, and he added that they have a side program which provides food. He commented that it is required that participants have a desire to participate in the program, and the students who have participated so far have had great success. He noted that they also have requirements for their mentors such as that they must reside in Lake County, go through the training program, agree to commit to one year, and meet with the students at least one hour per week; and he mentioned that they still have a need for more mentors. He commented that since the children will be the future leaders someday, they need to change some of the askew thinking of some of them, with needed help from the community. He thanked the Board and Children’s Services for the grant for their program and expressed hope that they could save hundreds of children.
Dr. Oscar Palau, Program Manager for the Florida Department of Health-Lake County Preventative Dental Care program, stated that they could help the kids in the program with dental care with the Board’s support. He related that one of their programs is a “toothmobile,” especially for second graders, since that is the age that the first permanent molars are coming out, and it is very important to protect those teeth. He specified that dental sealants are a thin plastic covering that is placed over the teeth in order to give the tooth a fighting chance, create barriers that protect the teeth from decay, and prevent food from getting trapped in crevices on chewing surfaces, since children do not always brush properly. He opined that a lot of children who participate in this program do not otherwise go to a dentist and that this program was their first contact with a dental professional. He related that they also give the students oral health instruction and provide medication such as antibiotics for treatment of problems that are identified by a school nurse which otherwise would not be identified and which would keep the child from functioning well in school. He mentioned that they started this program with four schools, but the program has grown to 15 to 16 schools. He thanked the Board for their support and indicated that they also have a very good relationship with the School Board to assess and target the students who really need this program.
Ms. Foley-Kearney concluded that they appreciate this opportunity to share these programs with the Board and show them where the dollars are going to make a difference in their community.
discussion regarding inmate programs
Commr. Campione stated that she put this on the agenda and explained that this was a request about facilitating a discussion about connecting private-sector groups and people who privately minister and mentor in the jails and have an interest in what happens to those inmates when they are released, which is indicated by the buzzword “re-entry.” She explained that those mentors are concerned about breaking the cycle in order to keep the inmates from going back to jail, and she noted that although there were already a lot of good programs in existence, she wanted the County Commission to facilitate an opportunity for those who are interested in this topic and looking for ways to fill the gaps that currently exist, learn more about the currently existing programs and what they were already doing to help those inmates assimilate to life outside the jail, and get together in order to discuss it. She related that she had reached out to Mr. Michael Graves, Public Defender, and Ms. Stephanie Glass, Teen Court Specialist, because the County has a pending grant for a re-entry program similar to the one in Jacksonville on a much smaller scale. She added that she has talked to Sheriff Gary Borders and believes he is in full support of this.
Sheriff Borders commented that they already have a lot of great programs at the jail that work well, such as the prison ministry, substance abuse counselors, a full-time GED teacher, and mental health counselors who work at the jail. He clarified that this is to monitor inmates once they get out of jail.
Commr. Sullivan commented that the state level is directed towards long-term internment, but the people in their county system fall through the cracks, which is what he believes Commr. Campione would like to address. He opined that it was a wonderful idea, since there are volunteers out there willing to help and dollars available to keep those individuals from coming back to the same situation they had found themselves in.
Sheriff Borders added that it is different for those at the county level than the state level, because their inmates tend to come and go more often, with about 13,000 inmates per year being processed and released through their jail. He commented that it was important while they are in custody to take advantage of those prison ministries and services.
Mr. Graves commented that they are extraordinarily fortunate in Lake County regarding their relationship with the Sheriff’s Office, and the Sheriff’s leadership allows them to be good stewards of their tax dollars. He pointed out that Marion County has a population of 1500 people in their jail every day compared to 800 in Lake County, although its population is only ten percent larger than Lake County’s, and that Marion County spends in the tens of millions of dollars more than what Lake County does. He opined that a large part of the credit for that is due to the Sheriff, their courts, the Public Defender system, and all of the county’s law enforcement, without ever jeopardizing public safety. He stated that he was interested in a new initiative throughout the United States and the State of Florida called Smart Justice which would use the tax dollars to limit the return of people back into the system, including a transitional living program along with mental health and drug counseling, vocational rehabilitation, and job placement in order to ease those coming out of the system into a transitional type of position where they are least likely to offend; and he opined that it has worked very well and has been able to quantify the savings it gives to the taxpayers. He remarked that they would appreciate any assistance that the Board could give in gathering together all of the stakeholders and those providing services while waiting for grants to come in, since it would need to be a public-private partnership to work, and this would also help to eliminate duplication of services. He added that Lake County is large enough now that it has all of the problems of the big cities; however, the county is not quite large enough to draw all of the services to deal with all of those issues, making it even more important for this partnership and initiative effort. He concluded that they have been trying to be innovative and look at long-term solutions for the problems, noting that they were already working on a second grant to expand the Mental Health Diversion Program. He specified that the Pinellas County Public Defender started a Mental Health Diversion Program with 605 people who represented 4,800 arrests or trips through the system, but upon completion of that program, there were only 300 arrests for the ensuing three years by those 605 participants.
Commr. Campione elaborated that the request is just to coordinate a meeting with the key people such as their constitutional officers and the organizations they know already exist, put out a press release, and hold a roundtable discussion, which would be an initial step.
Commr. Sullivan stated that as liaison to the Public Safety Council, which administers the grant and applies for the grant program, he could coordinate this with staff to pull that together.
Commr. Campione stated that she will pass on a list of people who have contacted her.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board moved to refer this matter to the Public Safety Council and to advertise it so that the Commissioners could participate in a roundtable discussion.
public hearings
ordinance related to synthetic controlled substances
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA; CREATING ARTICLE V, CHAPTER 3, LAKE COUNTY CODE, TO BE ENTITLED SYNTHETIC DRUGS; PROHIBITING THE SALE, GIVING AWAY, OFFER OR ADVERTISEMENT FOR SALE, AND PUBLIC DISPLAY FOR SALE, OF SYNTHETIC DRUGS THAT MIMIC ILLEGAL CONTROLLED SUBSTANCES; PROVIDING FOR DEFINITIONS IN ARTICLE I, CHAPTER 3, LAKE COUNTY CODE; RENAMING CHAPTER 3, LAKE COUNTY CODE, TO COMMUNITY PROTECTION; RENUMBERING ARTICLE XI, CHAPTER 13, LAKE COUNTY CODE, ENTITLED TOBACCO MERCHANDISING TO ARTICLE VI, CHAPTER 3, LAKE COUNTY CODE; RENUMBERING SECTION 14-7, LAKE COUNTY CODE, ENTITLED RESTRICTIONS FOR PERSONS CONVICTED OF CERTAIN SEX OFFENSES TO ARTICLE VII, CHAPTER 3, LAKE COUNTY CODE; RENUMBERING ARTICLE VII, CHAPTER 14, LAKE COUNTY CODE, ENTITLED PAIN MANAGEMENT CLINICS, TO ARTICLE VIII, CHAPTER 3, LAKE COUNTY CODE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; 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 regarding this issue, the Chairman closed the public hearing.
Commr. Parks commented that this is a necessary step to protect the children in Lake County, and they needed to get these substances out of the reach of children. He thanked the Sheriff for his help with this, and he explained that this is another tool to help the Sheriff to protect their children from the “poison” that these substances are.
Commr. Conner commended Commr. Parks for bringing this issue forward, and he pointed out that the Shared Services Network has been concerned about this for months.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2014-16 related to the sale, possession or display of synthetic substances that mimic illegal controlled substances which have not yet been categorized as illegal controlled substances under federal or state law. There is no fiscal impact.
ordinance establishing mt. plymouth-sorrento community redevelopment trust fund and redevelopment plan
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS, LAKE COUNTY, FLORIDA, CREATING ARTICLE XVI OF CHAPTER 13 OF THE LAKE COUNTY CODE, ESTABLISHING THE MT. PLYMOUTH-SORRENTO COMMUNITY REDEVELOPMENT TRUST FUND PURSUANT TO SECTION 163.387, FLORIDA STATUTES; PROVIDING FOR THE FUNDING OF SUCH TRUST FUND; PROVIDING FOR THE DURATION; PROVIDING FOR EXPENDITURES; PROVIDING FOR AN AUDIT OF SUCH FUND EVERY FISCAL YEAR; PROVIDING FOR REPEAL OF ANY ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff noted that this agenda item is for the ordinance adoption as well as approval of the plan. He recapped that the plan was presented to the Board a month ago and came with a recommendation of approval from the Local Planning Agency and the Planning & Zoning Board.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2014-17 establishing the Mt. Plymouth-Sorrento Community Redevelopment Trust Fund and approval of the Redevelopment Plan. There is no fiscal impact at this time.
vacation petition 1208 – scott wehrly - plat of squirrel point
Mr. Jim Stivender, Public Works Director, explained that Vacation Petition 1208 was a petition by Scott and Talia Wehrly, who were represented by Mr. Robert Rhodes, to vacate a utility easement between two lots in the Squirrel Point subdivision located south of Tavares. He related that there was no fiscal impact or letters of opposition regarding this petition, and he pointed out that the property owner owns both lots and intends to expand the house. He indicated that there was no need for this easement and recommended approval to vacate.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
Mr. Minkoff disclosed that he lives in this subdivision, but he pointed out that he has no interest at all in this matter, other than that Mr. Scott Wehrly is his ophthalmologist.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Vacation Petition 1208 by Scott & Talia Wehrly, Rep. Robert Rhodes, to vacate two platted utility easements in the Plat of Squirrel Point (PB25, Pg. 40-41), in the Tavares area and approval of Resolution No. 2014-51. There is no fiscal impact. Commission District 3.
vacation petition 1207 – william polk – plat of robbin’s ridge
Mr. Stivender related that Vacation Petition 1207 was a petition by William and Martha Polk to vacate drainage easements in the Plat of Robbin’s Ridge south of Howey-in-the-Hills on Dewey Robbins Road. He showed on an overhead map the location of three lots owned by the Polks and the retention areas along the edge of the road, which were associated with the lots themselves. He stated that the applicants were planning to turn the easements back into orange groves and that they owned the adjacent property and orange groves to the north.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Vacation Petition 1207 by William & Martha Polk to vacate drainage easements in the Plat of Robbin's Ridge (PB59, Pgs. 55-56) in the Groveland area and approval of Resolution No. 2014-52. There is no fiscal impact.
acceptance of maintenance map for county road 455 – astatula
Mr. Stivender explained that they were in the process of putting in a maintenance map as part of the intersection improvements. He related that they have the certifications from their employees about how long it has been maintained, which he has signed, and they were ready to move forward with the maintenance map. He added that they have sent letters and notifications to all the affected property owners and have not received any objections. He pointed out the location of the area on the overhead map.
Commr. Campione clarified that he was establishing the fact that the road exists there by filing this map and that they were maintaining it.
Mr. Stivender elaborated that although that is where the road is located, the County does not yet have the dedicated right of way.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to accept and execute a Maintenance Map for portions of County Road 455 (#2354) in the Astatula area. There is no fiscal impact.
public hearing – rezonings
rezoning consent agenda
Ms. Amye King, Growth Management Director, made note for the record that this public hearing was properly advertised, and she pointed out that there are two items that were postponed, which were LPA# 14/4/1-2, Green Swamp Lakeshore Rural Support Corridor, and LPA #14/4/3-1, Sawmill Lake.
Commr. Campione pointed out that the history of the Jones Parcel rezoning, LPA #313/3/1-4, which was under Tab 15 of the Consent Rezoning Agenda, was very important, because it dates back to when the original Wekiva Protection Act went into place, which resulted in a lot of density being taken away from some properties within the Wekiva area and along SR 46 that were designated as sending and receiving areas. She explained that they were just acknowledging that densities were taken away that should not have been as a result of the Comp Plan, and this would correct that by restoring those rights.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding any of the rezoning cases on the consent agenda, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 1. Ordinance No. 2014-18
PH#7-14-4
CPG Enterprises, LLC, Chih-Yuan Shia, YUAN Enterprises, LLC.
Request to amend the Planned Commercial (CP) Ordinance #11-80 to add Retail-Convenience uses. Ordinance #11-80 will be rescinded and replaced by the proposed ordinance.
Tab 2. Ordinance No. 2014-19
LPA# 13/8-2T
Economic Development Overlay District Text Amendment
Request to create an Economic Development Overlay District for incorporation into the Future Land Use Element of the 2030 Lake County Comprehensive Plan consisting of economic objectives, implementation policies, and an overlay district map, pursuant to Chapter 163.3177 F. S.
Tab 3.
LPA#14/4/5T
Ecotourism and Agri-Tourism Text Amendment
Request to transmit creation of Policy I-1.2.9 entitled Ecotourism and Agri-tourism Uses, which will allow said uses in all Future Land Use Categories (FLUC) and defines Ecotourism and Agri-Tourism.
Tab 4. Ordinance No. 2014-20
LPA#14/4/4-5
Lake County Fire Rescue Station #11
Request to change the FLUC from Conservation to Public Service Facilities and Infrastructure on the parcels with Alternate Key No.’s 1246555, 1246504, and 1246482.
Tab 5.
LPA#14/4/7-2
Lake County Fire Rescue Station #109
Request for transmittal of amendment to change the FLUC from Conservation to Public Service Facilities and Infrastructure on the parcel with Alternate Key #2603968, which is located within the Green Swamp Area of Critical State Concern.
Tab 6.
LPA#14/4/5-1
Lake County Fire Rescue Station #110
Request for transmittal of amendment to change the FLUC from Conservation to Public Service Facilities and Infrastructure on the parcel with Alternate Key #2945168, which is located within the Green Swamp Area of Critical State Concern.
Tab 7.
LPA#14/4/12-1
Lake County Fire Rescue Station #111
Request for transmittal of amendment to change the FLUC from Conservation to Public Service Facilities and Infrastructure on the parcel with Alternate Key #3793530, which is located within the Green Swamp Area of Critical State Concern.
Tab 9.
LPA#14/4/8-3
Cities of Eustis, Mount Dora & Tavares
Florida Rock Industries, Inc.
Request for transmittal of amendment to change the FLUC from Public Service Facilities and Infrastructure to Industrial on a portion of the parcel with Alternate Key #1095123, containing approximately 25 acres.
Tab 11.
LPA#14/4/11-2
Nola Land Company, Inc.
Request for transmittal of amendment to Policy I-1.6.9 entitled “Specific Limitations on the Nola Land Company Property” to remove the requirement that the development on the subject parcels shall be age restricted, update the legal description, and amend the FLUM to update the existing note for this policy.
Tab 13.
LPA#14/4-1T
Mount Plymouth/Sorrento Gated Communities Text Amendment
Request for transmittal of amendment to Policy I-2.1.2 entitled “Guiding Principles for Development” to remove the prohibition against gated communities within the Mount Plymouth-Sorrento Community.
Tab 14.
LPA#14/4/2-4
Sorrento Commons Property
Request for transmittal of amendment to Policy I-1.6.8 entitled “Specific Limitations on the Sorrento Commons Property,” which specifies development criteria for the property described as Alternate Key No’s 2856742, 1789150, 3519221, 2930004, and 2507012, consisting of approximately 27 acres.
Tab 15.
LPA#13/3/1-4
Request for transmittal of amendment to change the FLUC from Mt. Plymouth-Sorrento Neighborhood to Mt. Plymouth-Sorrento Main Street on a parcel with Alternate Key #1598192 containing 85 +/- acres.
recess and reassembly
The Chairman announced at 10:00 a.m. that there would be a fifteen-minute recess.
rezoning regular agenda
rezoning case lpa #14/4/9-3 - yalaha rural support corridor
Ms. King related that this request will amend the Future Land Use (FLU) Elements of Policy 1-1.4.7.2, Rural Support Corridors, creating the Yalaha Rural Support Corridor as well as a new sub-policy for specific criteria for the proposed corridor or for parcels located on the south side of CR 48, west of the intersection of Bloomfield Road and CR 48 within the Yalaha Community. She explained that there was currently a Rural Support intersection at the intersection of CR 48, Bloomfield Road, and Lakeshore Drive which allows Rural Support uses within 330 feet measured perpendicular from the edge of the right of way. She noted that this intersection does not currently encompass Rural Support uses in the area, which was due to a mapping error when they first adopted the Comprehensive Plan, and she showed an aerial shot of that area and the proposed corridor. She added that this would encompass both the bakery and the taxidermy business at that location to allow for expansion of those businesses, and she concluded that staff recommends approval of this request.
Commr. Parks asked if it would be different from the other corridors because they were tallying up what is there already as well as the fact that other corridors are limited to 10,000 square feet total.
Ms. King replied that the existing uses count as part of the 50,000 square feet allowed, and one of the changes in the text amendment would reflect the increase in square footage. She commented that this corridor will not affect the existing levels of service for schools, parks, or recreation, and it would not adversely impact the County’s adopted level of service for drainage, solid waste, fire, or emergency. She added that this area is within the City of Howey-in-the-Hill’s interlocal service boundary agreement, but their City Council had no objections.
Commr. Cadwell opined that this is what they needed to do in Astor.
The Chairman opened the public hearing.
Mr. Doug McCormack, a resident of Yalaha, suggested that they add medical to that Rural Support Corridor to support the community, and he commented that approving this amendment would be a wise decision.
Mr. Thomas Gestwick, a resident of the Waterwood subdivision in Yalaha, mentioned that although the staff report he had seen stated that this amendment change would benefit the area, he had concerns about the lack of notification to the nearby residents of this change. He commented that he was aware when he moved into the area that he would have to travel for shopping and other amenities, but he moved there for the rural atmosphere. He mentioned that although the traffic analysis stated that the roadway could operate at the adopted level of service, he believed the traffic on CR 48 has increased greatly. He commented that he was not against increasing the size of the existing businesses there, but he thought they were trying to change the zoning to comply with the businesses rather than the businesses complying with the zoning, and he suggested that the businesses buy more property for expansion. He asked whether the site will be serviced by public sewer and water or wells and septic tanks, and he was concerned about the effect that would have on their well water, which was currently one of the best in the county.
Commr. Conner asked if this public hearing was properly noticed.
Ms. King responded that there was proper notice given, with every property within 300 feet noticed by mail, and it was also posted in the newspaper and on the internet.
Ms. Colleen MacInnis, a resident who lives on Lakeshore Drive in Yalaha, stated that she was in favor of this amendment, adding that those businesses are one of the reasons she moved into the area. She commented that although this is a beautiful quaint rural community with large properties and a wonderful group of people, they have limited services, especially for an elderly population. She related that she was a physician with offices in both Leesburg and Mount Dora, and she would like to have a single office there in her community so that she could serve the community she lives in. She elaborated that sixteen of her patients and four of her employees live in that area, but currently have to drive to Leesburg or Mount Dora for services or work, and she requested that the Board add the appropriate medical office zoning to serve that area, since medical is currently specifically excluded under the zoning for small business.
Ms. King indicated that she would be willing to speak with her about that in the future.
There being no one else who wanted to address the Board regarding this rezoning request, the Chairman closed the public hearing.
Mr. Sandy Minkoff, County Attorney, clarified that this was a transmittal hearing only for approval to transmit to the Department of Economic Opportunity, and he related that this matter will come back before the Board in about three or four months.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved LPA#14/4/9-3, Yalaha Rural Support Corridor, transmittal of the Comprehensive Plan text amendment to the Department of Economic Opportunity to designate the Yalaha Rural Support Corridor and provide specific criteria for the corridor and a FLUM amendment to add a Rural Support Corridor in Yalaha along the south side of CR 48 within Sections 16 and 21, Township 20, Range 25.
Rezoning case lpa #13/10/1-2 - tab 12 – bella collina
Commr. Parks disclosed that he has a potential conflict of interest, since he had served the Town of Montverde for over six years as a planning consultant, and he recused himself from the vote regarding this rezoning case. He asked the County Attorney if he could still participate in this discussion.
Mr. Minkoff replied that Commr. Parks could participate if he wishes but just could not vote.
Ms. King explained that the request under Tab 12 for case LPA#13/10/1-2, entitled Bella Collina, amends the Future Land Use Map (FLUM) of Bella Collina East and West as well as two parcel numbers with Alternate Key No.’s 3250630 and 1591996 consisting of a total of 1,915 gross acres located east and west of CR 455 south of Montverde from Rural Transition Future Land Use Category (FLUC), which allows a maximum density of one dwelling unit per net acre with 50 percent open space, to Bella Collina FLUC for the subject parcels. She further explained that the new proposed Bella Collina Future Land Use Category will allow the subdivision to develop a number of lots that they had already been authorized to develop through the platting process as well as add a 100-unit lodge that will utilize a condominium-type ownership. She related that the other existing uses will also be included in the allowable uses in the newly-created future land use and will include an 18-hole golf course, banquet hall, clubhouse, and other recreational facilities. She noted that this amendment will result in additional demands on public facilities; however, the amendment will not exceed the capacity or the adopted level of service for those facilities. She also noted that the applicant is requesting to unify the two PUD’s that currently make up Bella Collina, spread the 67 units over the entire PUD, and add five acres for their 100-unit lodge.
Ms. Miranda Fitzgerald, Attorney with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., who was representing the four applicants, requested transmittal of the Comprehensive Plan Amendment that Ms. King just outlined, and related that they have already submitted a PUD amendment application that would come back to the Board. She gave the Board some background information about this request and mentioned that they have had a community meeting last Friday and that there were several residents at the Planning & Zoning Board hearing. She commented that the current owners have been working very hard since taking ownership of Bella Collina to stabilize the community, which has had some tough times under the previous ownership, and she mentioned that she personally was also a homeowner in Bella Collina. She commented that since DCS acquired that property in 2012, they added more recreational facilities associated with the clubhouse, including a swimming pool, fitness facility, several additional tennis courts, and a banquet hall ballroom to use for weddings, since that destination has become popular as a wedding venue. She opined that the County is losing a lot of business revenue from wedding parties who stay in other areas outside the county, and she explained that their plan is for each unit of the lodge to be owned individually as condominiums, with each owner having the opportunity to put the units in a rental pool that will be managed as a hotel or lodge. She commented that this will also give individuals who want to live in that part of the county a different type of maintenance-free lifestyle opportunity than they have now, and she believed it would also accommodate visitors to Montverde Academy and the National Training Center. She opined that lodging is needed and was a logical addition to Bella Collina. She added that they have done two traffic studies and school concurrency analysis, which showed no problems with those issues.
Ms. Fitzgerald pointed out that Bella Collina was under the Pine Island Community Development District (CDD) which serves the area with water, wastewater, and reclaimed water for the entire community, and they had a letter from the CDD’s engineer certifying that there is sufficient capacity in the system today to accommodate the additional 67 lots that were originally approved but never platted. She also assured the Board that this would not be impacting any of the preserved open space that was set aside in conservation easements and would retain over 25 percent of the developable open space within the combined PUD’s. She referred to a letter that she had handed out from Mr. Paul Ashe, who owned 33 of the lots in Bella Collina, indicating that he was in support of the project. She showed on the overhead the conceptual rendering of the lodge, pointing out that they intend on using the Tuscan style of the existing clubhouse, and she opined that it would enhance the community. She commented that she believes there is a lot of support in the community for this project, and she would appreciate the Board’s approval to transmit this application to help bring Bella Collina back into conformity with the Comp Plan.
Ms. Kathryn Sutherin, a resident of Bella Collina, mentioned that she had previously emailed the Commissioners, and she commented that this would be zoning to comply with the needs of the developer rather than the community itself. She expressed concern that the conceptual plan did not contain an explanation as to where or why the 67 lots were never platted, and she opined that the only way to fit in those lots is by bringing the open space down to 18 percent and removing 471 acres of preserve area. She pointed out that there were 760 empty lots in that community, and she questioned whether they need 67 more lots. She suggested that they put the lodge across the street rather than make it part of their PUD and their responsibility.
Mr. Rick Scharich, a resident of Bella Collina, noted that he had also purchased 18 other lots in Bella Collina, and he related that the reason he was supporting this request was because he appreciates the efforts of DCS since they took over ownership, including enforcing the rules of the community and making improvements that the original developer promised but never delivered. He opined that the condominium project with a Tuscany look would be positive and an asset to both Bella Collina and the community.
Ms. Fitzgerald emphasized that they were trying to restore what was in the original PUD’s for this project which had an additional 67 lots than what was originally platted, and she assured everyone that this would not destroy anything which is preserved or set aside. She elaborated that there were places where those lots would fit within the plats without encroaching on conservation or preservation areas and that they will go through the platting process. She commented that they were trying to resurrect something that was taken away in the 2010 Comp Plan amendments when the Rural Transition Land Use designation was put on this property, which would preclude them from platting additional lots that had been approved at that time. She added that they were also trying to get this property on a better financial footing.
Commr. Campione recapped that there would be no platting in conservation areas, which were designated and set aside already, and asked where the applicant was in the platting process.
Ms. King replied that she did not know but reminded everyone that this was a Comp Plan transmittal hearing only, and they would make sure that the applicant’s project met all of the rules that were put into the PUD’s after adoption and when the PUD came through.
Ms. Fitzgerald added that they were trying to use some of the area on the east side that had been set aside for a second club facility and pool, but since it made more sense for the owners to use land next to the existing clubhouse and to consolidate those additional amenities with the current ones, that land was now freed up. She reiterated that it will not impact preserved land.
Ms. King explained that in addition to this public hearing, there will be an adoption public hearing, and after that there will be a PUD submitted that will be reviewed by staff for consistency and to make sure that every aspect and requirement of the revised PUD are met. She added that since this is in the Montverde interlocal service boundary agreement, Montverde has reviewed this and has no objections and will also have an opportunity to review the PUD.
Commr. Campione clarified that some of the issues that were raised could be addressed when the PUD comes back to the Board, when they will get into the specifics of the PUD.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried by a vote of 4-0, with Commr. Parks abstaining from the vote, the Board approved the request to transmit the Bella Collina Future Land Use Category amendment to the Department of Economic Opportunity on parcels owned by DCS Real Estate Investments LLC, DCS Capital Investments LLC, Bella Collina Property Owner’s Association, and Pine Island Community Development District from Rural Transition to Bella Collina FLUC.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
update on medicaid managed care tranportation program
Ms. Dottie Keedy, Community Services Director, explained that the purpose of this presentation is to update the Board on the impact of Medicaid reform on the County’s Paratransit program. She stated that currently the County receives lump-sum funding from the Florida Commission for Transportation Disadvantaged on a per-month basis to provide trips for eligible Medicaid clients, and the County’s transit provider, Ride Right, provides Medicaid trips as part of their contract and are paid on a per trip basis. She commented that this Medicaid funding has historically been a significant portion of the Paratransit revenue, with the County receiving $853,000 last year; however, the legislature adopted the Managed Medical Assistance Program in 2011 which will cause significant changes to the delivery of service for Medicaid transportation clients when it takes effect May 1. She stated that the program’s objective is to move eligible Medicaid clients, including Paratransit clients, into Managed Care Organizations (MMOs), and the state is divided into 11 regions under this program, with Lake County located in Region 3. She further explained that each of the three MMOs in Region 3 has hired a transportation broker to contract with companies to provide Medicaid trips for doctor’s appointments and medical treatments that had previously been provided by Lake County, although the County has not been involved in these contractual arrangements, and there has also been a change in the payment method from a lump sum per month to a per patient per month fee based on the number of Medicaid clients who use the service each month.
Ms. Keedy related that the impacts to the County’s paratransit service under the new rules include an amendment to their agreement with the Commission for Transportation Disadvantaged which the Board approved on April 8 that will significantly reduce the Medicaid trips the County is responsible for to a fraction of the trips and will reduce the County’s revenue from $853,000 in FY 2012-13 to $354,000 in FY 2013-14. She recapped that the County uses the Medicaid funding as a match to draw down Federal Transit Administration grant funds which are used to pay capital and operating costs of LakeXpress, and she added that due to the change in payment method, the state cannot determine how many eligible clients will use the service, which may further impact the County’s revenue as well as the County’s match and FTA federal funding. She indicated that staff has been reviewing some possible options to provide additional Medicaid trips, including contracting with two of the MMOs’ transportation brokers in their region to provide those additional trips; however, one of the brokers is affiliated with Ride Right, and the County has requested direction from FTA on using federal funds under those circumstances. She added that contracting with one or both of the companies would require an amendment to their current contract with Ride Right to reflect the agreement with the MMOs and would allow the County to recapture some revenue and trips and ensure sound delivery of services to the clients. She reported that the County’s next steps will be to await direction from FTA on utilizing federal funding given the relationship between MTM and Ride Right, continue to negotiate with MTM if that approval is given, continue discussions with Access to Care, and negotiate any necessary amendments to the Ride Right contract to reflect any of those changes if the negotiations are successful. She assured the Board that she would provide follow-up to the Board when any additional information is available.
Commr. Campione asked whether the County had contacted the transportation brokers to try to negotiate those agreements.
Ms. Keedy replied that those companies have actually contacted the County, since they are looking for someone to provide those trips, because the MMOs are not normally in the business of providing medical transportation. She commented that staff is hopeful the County could negotiate a good contract with them, although it will not be to the same level as before, because one of the brokers has not reached out to the County.
Commr. Sullivan commented that the real issue is that there will be a substantial reduction in dollars that the County has traditionally leveraged to provide part of that transit system program, and this was another example of the state making a change without considering how it will affect those who operate the systems.
other business
appointments to the children’s services council
Commr. Cadwell explained that they would be moving some members of the Children’s Services Council around if that was agreeable to the Board to get them into their correct districts.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the appointments of Marsha Pridgeon (District 1) and Bradlee Cox, Jr. (member-at-large) and reappointments of Ginger Howard (District 2), Julie Yandell (District 3), Byron Thompson (District 4), Jack Holder (member-at-large), Jan Tobias (Superintendent of Schools or named administrative designee), and Latricia Eaton (Program Administrator of the Department of Children & Families) to the Children’s Services Council to serve two-year terms ending May 14, 2016.
commissioner discussion/action items
bus passes for eustis heights elementary parents
Commr. Cadwell explained that Eustis Heights Elementary is running a Kindergarten Boot Camp through some of their Title I efforts for children who did not participate in their other preschool enrichment programs with two-hour sessions four days a week for six weeks. He added that they would be offering classes for the parents during each of the Thursday sessions to help them with their parenting and teaching skills as well as self-advancement. He stated that since many of those parents may have transportation issues, the County has been asked to provide 25 one-day bus passes for six consecutive Thursdays beginning June 19 in order to get the parents to those classes, and he pointed out that the buses will not be changing their normal routes to do this, since the buses normally go right by the school. He commented that he believed it would help the school’s mission regarding those children as well as help to get more people used to riding the bus and possibly be advantageous for the County’s public transportation system. He requested approval of that request.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the issuance of those bus passes.
reports – commissioner cadwell – district 5
video from the fac and league of cities
Commr. Cadwell presented a video regarding local government services from the Florida Association of Counties (FAC) and the League of Cities, discussing services such as water, roads, public safety, public parks, libraries, and polling places, commenting that local governments were the closest government entity to the people.
Commr. Parks thanked Commr. Cadwell for showing that video, and he thanked the FAC for informing them about what is coming down the road. He stated that he will be sure to point that video out to constituents and residents, and he added that right now unfunded mandates and how they impact local government is the big issue.
reports – commissioner sullivan – district 1
leesburg bike and music fest
Commr. Sullivan announced that the Leesburg Bike and Music Fest will be taking place this weekend, with 250,000 visitors expected to participate, and he mentioned that this festival receives the largest grant the County gives from Tourism and Economic Development.
Commr. Campione commented that all the behind-the-scenes effort to pull it all together was amazing.
reports – commissioner parks – vice-chairman and district 2
planes, trains, and barbeque event
Commr. Parks complimented the City of Tavares for doing a great job on their Planes, Trains, and Barbeque Event that was held on Saturday, April 12, adding that he enjoyed attending that event.
local firefighters event
Commr. Parks also complimented the local firefighters for putting on a 5K race and event this past week for Team Jay in Clermont.
REPORTS – COMMISsIONER campione – DISTRICT 4
east lake county/west orange county meeting
Commr. Campione related that she and Commr. Cadwell were scheduled to attend the East Lake County-West Orange County meeting on Friday, April 25 that is held every couple of months to discuss issues that affect both of the counties and the cities that are in that region, and she was asked about whether the Chairman of the Mount Plymouth-Sorrento CRA could attend that meeting in order to be kept informed about a lot of those issues that directly impact the Mount Plymouth-Sorrento area in northeast Lake County, which was near the Orange County line. She added that she thinks all they need to do is to ask the MPO (Lake-Sumter Metropolitan Planning Organization) to include the CRA when they advertise it so that the members could attend without being in violation of the Sunshine Law.
Mr. Minkoff stated that they will make sure it either gets on the County list of advertising or get the MPO to advertise that.
REPORTS – COMMISSIONER conner – CHAIRMAN AND DISTRICT 3
fair barbeque event
Commr. Conner related that he attended the fair barbeque on Friday, April 18, and that it was well done with excellent food.
visit to the big house
Commr. Conner mentioned that he had visited the Big House on Saturday, April 12, which was very busy with overflow parking at the Lake Tech parking lot across the street, and that Mr. Chet Lemon was complimentary of the County’s Economic Development staff.
letter regarding animal shelter
Commr. Conner mentioned a letter he received regarding the Lake County Animal Shelter commending Ms. Alicia Davis and her professionalism in helping a customer, and he wanted to recognize her on the record and express appreciation for the service she had given.
administrative professionals day
Commr. Conner announced that Wednesday, April 23, was Administrative Professionals Day and expressed appreciation to the Administrative Assistants in their organization.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:20 a.m.
_________________________________
jimmy conner, chairman
ATTEST:
________________________________
NEIL KELLY, CLERK