A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

December 15, 2015

The Lake County Board of County Commissioners met in regular session on Tuesday, December 15, 2015 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:  Sean Parks, Chairman; Welton G. Cadwell, Vice Chairman; Timothy I. Sullivan; Leslie Campione; and Jimmy Conner.  Others present were:  David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Victoria Bartley, Deputy Clerk.

INVOCATION and pledge

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

Agenda update

Mr. David Heath, County Manager, clarified that the reappointment of Stephen Ferrell to the MPO Citizen’s Advisory Committee in Tab 37 also included the approval for a waiver of his potential ethical conflict.

MINUTE APPROVAL

On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the Minutes of the BCC Meeting of November 10, 2015 (Regular Meeting) as presented.

Citizen question and comment

Mr. Vance Jochim, a writer of a blog regarding governmental and fiscal issues, remarked that Tabs 14 and 19 on the consent agenda were regarding the award of contracts for on-call services to service providers, as per the Cisco Certified Network Associate CCNA provisions. He asserted that CCNA provisions are not competitive, as it prohibits people from seeing prices when selecting providers, and he suggested bringing this concern to the state legislators. He also suggested that the Board clarify that they are not liable for the Industrial Revenue Bonds that will be discussed in Tab 34.

Presentation of proclamation to dr. mojock

Commr. Conner presented Dr. Charles Mojock, President of Lake Sumter State College (LSSC), with a copy of a proclamation recognizing his retirement. He read the proclamation after highlighting some of Dr. Mojock’s accomplishments, such as his involvement in the business community and the Metro Orlando EDC (Economic Development Commission) and the relationships he has built regionally.

Dr. Mojock remarked that he was appreciative and honored by the recognition.  He noted that one of the partnerships he was most proud of was the one between LSSC and Cooper Memorial Library for the joint use library that they had created, which has run smoothly and successfully for the last seven to eight years.  He thanked the Commission for their help and for allowing him to do his job more easily.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Sullivan, seconded by Commr. Conner, 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.

Copy of Ordinance from the City of Minneola

Request to acknowledge receipt of the City of Minneola’s Ordinance 2015-09 amending the City Boundaries by incorporating into and making part of the city limits of the City of Minneola 2.47± acres of property generally located east of U. S. Highway 27, west of Causey Road and north of Vineyard Way, in Lake County, Florida, and rezoned the property from County “Light Manufacturing” (LM) to “Business District” (D-1) in accordance with the procedure set forth in F.S. 171.044 on November 5, 2015.

Receipt of Florida Development Finance Corporation Annual Reporting Requirements

Request to acknowledge receipt of the Florida Development Finance Corporation Annual Reporting Requirements.  In accordance with Section 288.9610, Florida Statutes, the Florida Development Finance Corporation has enclosed the following information:

·       Audit results conducted pursuant to Section 11.45, Florida Statutes;

·       A summary of the activities, operations and accomplishments of the Florida Development Finance Corporation which were conducted during Fiscal Year 2015, including the number of businesses assisted by the Corporation; and

·       The assets, liabilities, income and operating expenses of the Corporation as of the end of Fiscal Year 2015, including a description of all outstanding revenue bonds.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 4 through 25 as follows:

Community Services

Request approval and signature on a Revised Service Funding Agreement with Central Florida Regional Transportation Authority (LYNX) for fixed route services for Link 55 in South Lake County from October 1, 2015 through September 30, 2016. The fiscal impact is $259,990 - Grant Funded (Expense).

Request for approval of annual grant funding for the United Way of Lake and Sumter Counties, Inc. who submitted an application for Fiscal Year 2015-2016 County funds through the Human Services Grant Request for Proposal (RFP) process; authorize signatures on the Agreement; and authorize to encumber and expend funds. The fiscal impact is $5,040 (Expense).

Request for approval of the contractual amendment to provide for continuity of proprietary software support currently provided by Routematch Software, Inc. that is considered essential to effective operation of the public transit system.  There is no fiscal impact as the proposed action involves no increase to the current pricing structure for the services.

Request for approval of the Fiscal Year (FY) 2014-2015 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program. There is no fiscal impact.

Request for approval for the Board to authorize the Chairman to sign the Fiscal Year 2015-2016 Community Development Block Grant (CDBG) Action Plan Agreements between Lake County, Florida and the U.S. Department of Housing and Urban Development. The fiscal impact is $1,124,715 (Grant Revenue).

Request for approval of an Area of Operation request for Osceola County Housing Finance Authority to provide bond funding to Hallmark-Florida GP, LLC to acquire and rehab four apartment complexes in Lake County; and to execute the associated Resolution.   There is no fiscal impact.

Community Safety and Compliance

Request for approval of Resolution No. 2015-130 in support of Stepping Up: A National Initiative to reduce the number of people with mental illnesses in jails and authorize the Chairman to select a representative from the Commission if Lake County is selected to attend the Stepping Up conference. Approval of resolution makes the county eligible for a grant award to pay all expenses for up to five representatives to attend the Stepping Up conference.  There is no fiscal impact.

County Attorney

Request for approval of Lease Agreement with Hooks Street Investments, LLC for commercial lease space located on Hooks Street in Clermont for the Tax Collector’s South Lake Regional Service Center.  The net fiscal impact for FY17 is $195,256.  This is comprised of $282,875 (monthly lease payments of $23,572 x 12) minus $87,619 (total of two canceled Clermont leases); the fiscal impact is contingent on the lease starting on October 1, 2016.

Request for approval and execution of the 2015-2018 Professional Fire Fighters of Lake County, IAFF, Local 3990 Collective Bargaining Agreement and approval of budget transfer; Fiscal Year 2015-2016.  The fiscal impact is $445,196.

Economic Growth and Redevelopment

Request for approval of Resolution No. 2015-131 supporting Governor Scott's Legislative Request to Develop the Florida Enterprise Fund.  There is no fiscal impact.

Facilities Development and Management

Request for approval of award of contracts under Request for Statement of Qualifications (RSQ) 15-0015 to Hanson Professional Services (Maitland) and SGM Engineering (Orlando) for provision of on-call commissioning services pursuant to the requirements and direction set forth in Florida Statute 287.055, Consultants Competitive Negotiation Act (CCNA).  The actual annual fiscal impact will be dependent upon needs.  Expenditures during the last year of contract were approximately $8,300.00.  All Commission Districts

Fiscal and Administrative Services

Request for approval to (1) declare the items on the attached list surplus to County needs, (2) authorize the removal of all of the items on the attached list from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Manager to execute any required title documents.

  Request for approval of request from the Sheriff's Office for reimbursement from the Law Enforcement Trust Fund ($87,194.31) and the $2.50 Education Trust Fund ($78,974.12). The fiscal impact is $166,168.43 for Fiscal Year 2015.

  Request for approval of the budget transfer in the amount of $25,000 to the Animal Services Sterilization Voucher program. The fiscal impact is $25,000.

Public Safety

Request for approval of an Interlocal Agreement between Lake County and the City of Leesburg for sharing of communication services. The fiscal impact is $7,467.20 monthly (Revenue/Savings).

Public Works

Request for approval of contracts under Request for Statement of Qualifications (RSQ) 15-0022 to Transportation Engineering Data Solutions, Inc. (DeBary) and HDR, Inc. (Orlando) for provision of on-call transportation engineering services for the County pursuant to the requirements and direction set forth in Florida Statute 287.055, Consultants Competitive Negotiation Act (CCNA).  The actual annual fiscal impact will be dependent upon needs.  Expenditures during the last year of contract were approximately $78,500 (Expenditure).   All Commission Districts

Request for authorization to submit State legislative appropriation request for funding the Magnolia Lane Water Quality Retrofit project located within the Lake Harris Basin.  The fiscal impact is $700,000 (100% Grant Funded).  Commission District 3

Request for approval to award CR 19A Intersection with Dillard Road, Project No. 2015-05, Bid No. 15-0041, Tracking No. INT10032, to John L. Finch Contracting Corp. (Belleview, FL) in the amount of $184,647.60, and to encumber and expend funds in the amount of $184,647.60 from Account 1152.5056620.860674 - Road Impact Fees Benefit District 2. The fiscal impact is $184,647.60.

Request for approval and signature of amended Resolution No. 2015-134 to Advertise Public Hearing to vacate unnamed surplus right of way for CR44, Northwest of Eustis (Florida Food Products, Inc.).  There is no fiscal impact.  Commission District 4

Request for approval of an easement to Duke Energy Florida, LLC, for electrical energy and communication purposes for the new joint fire station being constructed on Hartle Road in the Clermont Area.  There is no fiscal impact.  Commission District 2

Request for approval and signature of Resolution No. 2015-132 to Advertise Public Hearing to vacate the plat of Manlow Park (PB 50, Pg 86) (Dale Ladd, Richard Beavers).   There is no fiscal impact.  Commission District 2

Request for approval for the Chairman to submit a letter to the Florida Department of Agriculture and Consumer Services (DACS) recommending Craig Scott (current Entomologist/Supervisor) as the Mosquito Control Manager.

public hearings: rezonings

rezoning consent agenda

Mr. Chris Schmidt, Manager of the Planning and Zoning Division, Economic Growth Department, submitted the advertisements for that day’s rezoning public hearings on the overhead monitor.  He noted that Consent Agenda Items 1 through 6 had been approved unanimously by the Planning and Zoning Board, and the staff recommendation was for the Board to approve those items.

The Chairman opened the public hearing regarding the Rezoning Consent Agenda.

There being no one who wished to address the Board regarding these rezoning cases, the Chairman closed the public hearing.

Commr. Campione asked that Tab 5 be pulled from the Rezoning Consent Agenda for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda Items 1, 2, 3, 4, and 6, as follows:

Tab 1. Ordinance No. 2015-44

Rezoning Case CUP#14/8/1-2

Al-Marah Arabian Horses

Conditional Use Permit (CUP) to allow a Horse Farm including riding lessons, clinics, horse breeding/boarding, sale of horses, veterinary services and private events in the Agricultural Residential (AR) Zoning District.

Tab 2. Ordinance No. 2015-45

Rezoning Case RZ-15-25-1

Gillman Property

Rezone property from Agriculture (A) to Neighborhood Commercial (C-1)

Tab 3. Ordinance No. 2015-46

Rezoning Case RZ-15-26-2

John’s Lake Landing

Amend Ordinance #2014-9, revising development conditions related to Section I.A.1.a.v, the wall between the Magnolia Pointe and John’s Lake Landing subdivisions and Section 1.A.2.a Commercial, to correct a scrivener’s error in Ordinance #2005-95.

Tab 4. Ordinance No. 2015-47

Rezoning Case RZ-15-07-5

Rafiki Foundation

Amend Community Facility District (CFD) to expand existing facility, to add a ten (10) room dormitory, retired missionary housing (10 units), and modify/amend the conservation easement. This amendment shall rescind Ordinance 2007-26 and replace with new ordinance.

Tab 6. Ordinance No. 2015-49

Rezoning Case CP-2015-05

Summer Lake Groves

CP text amendment

REZONING REGULAR AGENDA

rezoning case no. rz-15-14-5 - Laura’s Storage and Flea Market

Mr. Schmidt reported that Laura’s Storage and Flea Market’s request was to rezone approximately 2.15 acres located in the Astor area along SR 40, west of Jamie Drive, from R-6 and C-1 to Planned Commercial (CP) zoning, which would allow for general commercial retail uses to include indoor and outdoor storage and flea market uses and facilitate commercial business and land development expansion.  He mentioned that the rezoning submittal would accommodate site plan application review of ongoing commercial uses without proper development approval.  He related that the case had been approved by the Planning and Zoning Board and that staff was recommending approval as presented.

Commr. Campione clarified that the containers currently on the property are not currently permitted and inquired how much time the applicants would have to bring the containers into compliance if the zoning was changed or to remove the containers if they could not get the permits.

Mr. Schmidt replied that the applicant would have 120 days to get the building permits issued, and it would become a code enforcement issue if they do not have them by that point.

Commr. Campione pointed out that in cases like these, by the time it becomes a code enforcement issue, the process could be drawn out over a period of years before it is resolved.   She expressed concern that the applicant was currently conducting business operations out of structures that do not have building permits.  She pointed out that this property was in a very prominent location that serves as a gateway into Lake County and was a good location for commercial development.  She asserted that she was concerned about the impression this would make in the Astor area and believed that they should pay greater attention to the aesthetics of this and how it might affect other businesses in the area.

Mr. Schmidt clarified that the applicant had already had to deal with code enforcement issues, where they were told to seek a rezoning, a site plan amendment, and building permits.

Commr. Cadwell stated that he was unsure how they could shorten the window of time that a property could be caught in the cycle of code enforcement and permitting that Commr. Campione is referencing.

Commr. Campione pointed out that this was not a typical zoning case and that they need to consider both the building permit and rezoning issues together.

Commr. Cadwell asked whether they could put a time limit on the rezoning pending the issuance of the building permits.

Ms. Marsh asserted that the Board could make the zoning conditional to the building permits being issued, since it was CP zoning.

Commr. Cadwell remarked that if that wording was included in the Conditional Use Permit, it would restrict the process to a realistic time frame.

Commr. Campione suggested that they shorten the 120 days and tie the zoning approval to the actual issuance of the permits within that particular time period.

Commr. Cadwell opined that a reluctance of the applicant to do that could be an indication that they would not do the right thing.

Mr. Charles Hiott, the applicant’s representative with Booth Ern Straughan and Hiott, explained that they needed the zoning before staff could even approve the site plan, and he assured the Board that they have in good faith submitted the site plan months ago and have also vacated some right of way.  He pointed out that they have to abide by the code of the commercial aesthetics, landscaping, and other issues of that zoning, which they will need to resolve before they will be able to use the containers.  He stated that the current 120-day requirement was enough time for them to be able to work with staff, get approval of the site plan, and then start applying for building permits.  He commented that if they could not get the building permits, then they would not be able to use the containers for the flea market use.

Commr. Campione clarified that a site plan had already been prepared and that it designated the containers as their structures for the flea market. 

Mr. Hiott noted that the parking area was already paved and only needed to have lots painted in.  He emphasized that building permits have certain architectural requirements and that they would have to rework the containers in order to be issued a building permit, such as adding false windows or a façade.  He clarified that several issues would be worked out during the 120 days.  He offered to work together with the County’s staff to submit plans, have staff review them, and then satisfy the commercial aspects and the site plan requirements simultaneously.

Commr. Cadwell pointed out that the site plan will have to come back to the Board for approval, so they could either approve the rezoning now or have it come back to be approved with the site plan at a later date.

Mr. Hiott remarked that if they cannot meet code for building permits and have to remove the containers, they would have to rework their site plan and add more time to the process.

Commr. Cadwell relayed that it would not be an issue as long as there was a building that did meet the codes.

Mr. Hiott clarified that if they leave the containers and are able to meet the building code, they would come back with a site plan and building permits to the Board, but if they cannot meet the commercial uses and building code with the containers, they do not have to come back before the Board as long as they construct a building that does meet the codes.

Commr. Campione opined that they should consider looking at architectural renderings of the prospective building to be considered in the CP zoning.  She commented that if the applicant cannot get the containers built, they would have to come back with a new conceptual site plan with architectural renderings for the buildings they intend to construct.

Mr. Hiott mentioned that 120 days might not be enough time to accomplish all of this.

Commr. Cadwell clarified that they could extend the 120 days if it was written into the CP.

Commr. Campione explained that this would give them time to put their new submittal together and would not apply to the permits.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.

Campione suggested that the site plan and permit applications be submitted within 60 days, with permits issued by 120 days.  She noted that if that does not happen, then within 90 days they would have to be back before the County Commission with a new site plan tied to the CP zoning, which would include architectural renderings.

On a motion by Commr. Campione, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved Rezoning Agenda Item 5, as follows:

Tab 5. Ordinance No. 2015-48

Rezoning Case RZ-15-14-5

Laura’s Storage and Flea Market

Rezone 2.15 acres from R-6 and C-1 to Planned Commercial (CP) zoning for general commercial uses, to include indoor and outdoor storage and flea market uses, with the condition that a site plan and permit applications are submitted within 60 days, with permits issued by 120 days.

rezoning case #rz-15-23-1 - Fresh Start Ministries

Mr. Schmidt reported that this was Rezoning Case RZ-15-23-1, Fresh Start Ministries, located in District 1.  He explained that the approximately 9.4 acre site is located in the Howey in the Hills area adjacent to SR 19 and south of Fischer Lake Road.  He stated that the request was to amend the Community Facility District (CFD) ordinance by revoking existing Ordinance 69-86, adopting a new CFD ordinance to include additional community facilities uses of a seminary school, cultural institution, day care center, primary (K - 8) school, and a religious book store that is in conjunction with the principle use of the property as a church.  He mentioned that the case had been pulled to address concerns by the residents in regards to buffering and intensity of uses, and the Planning and Zoning Board then struck the special event term from the ordinance, leaving charitable and fundraising events.  He relayed that the case had been approved with a 4 to 1 vote on the regular agenda and that staff recommended approval of the case as presented.

The Chairman opened the public hearing.

Ms. Kathy Fischer, a resident of Howey in the Hills speaking in opposition, explained that she owned two parcels of property neighboring the McDuffie’s property and expressed concern that the deeded easement to the 20-acre parcel was on the McDuffie’s parcel. She commented that if the school use was allowed to go forward, then a buffer, such as a six-foot high privacy fence, should be built along the northern and eastern boundaries between their properties to negate some of the noise and negative impacts to her and her neighbors and that the setback should be 10 feet from her 25 foot easement in front of her residential property. She submitted several photos of the McDuffie’s property to the clerk showing that there were several structures on the property already, and she indicated on the map displayed on the monitor where her easement and property were located.  She requested that the number of festivals and fundraisers be limited to six per year and that the hours of those be limited to between 9:00 a.m. to 9:00 p.m.

Mr. Larry Rogers, a resident of Howey in the Hills, explained that he lived within a mile of the McDuffie property.  He voiced his concerns that the requested uses would be only for the church and not the surrounding community.  He stated that he was not in favor of the community residential home that they had requested, since that would result in about 20 additional people living on the property, and he expressed concern that some of those people could have a criminal or drug-related background.

Mr. Schmidt explained that the community residential home had been dropped and that the rezoning request currently only included the existing church use, the day care, the primary school, and the charitable events.

Mr. Daniel Dusold, a resident of Howey in the Hills who lives north of the subject property, asserted that a fence or barrier should be constructed around the property to meet the current commercial guidelines, as it was a residential and agricultural area.

Ms. Gail Boettger, Howey in the Hills resident, stated that although she has attended the church and thinks favorably of it, there was some confusion in the neighborhood regarding what the church is planning. She declared that there were several issues that needed to be addressed before anything went forward, such as a school being authorized in an area with a shooting range.  She indicated where she lived on the displayed property map and expressed concern about the notification requirements not being extensive enough.

Commr. Parks related that he had received a comment card and note from Rickie and Lilli Baker, residents of Howey in the Hills.  He read the note into the record which indicated that they could not be present due to work conflicts but wanted to state for the record their opposition to the rezoning of Fresh Start Ministries. They related that they purchased their home in agricultural and residential areas for many reasons, including that they wanted to raise their children and farm animals in the peaceful, quiet, and beautiful rural areas; and they opined that adding commercial facilities takes away from this in many ways. They commented that they would not want to live near a school due to the noise and other issues this may create and that the peaceful, serene environment should not be disrupted by causing noise and safety concerns to the nearby residents.

There being no one else present who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.

Ms. Emma McDuffie, applicant and Pastor of Tabernacle of Faith, reported that she concurred with the staff’s recommendation and that her request was consistent with the Comprehensive Plan and Land Development Regulations (LDRs).  She clarified that they already run Sunday school classes on the property on Sundays and Wednesdays and that the request was for an extension to run the school Monday through Friday during normal school times.  She explained that the number of students that they are allowed to have is based on the size of the building, and she related that she had spoken with the Health Department, which indicated that they would be allowed to accept 15 students and 2 teachers.   

Commr. Campione clarified that the applicant intended to work with the facilities they currently have rather than building additional facilities and that the mobile home on the property served as the parsonage for the church.

Mrs. McDuffie emphasized that the additional uses and events referred to previously was for their church and had nothing to do with the school, noting that the only school activity or classes that are held outside are physical education classes during the day while many of the neighbors are at work.   She specified that Fischer Lake Road serves as the easement which has a fence on the border between the two properties and pointed out that the church property already had large oak trees on it, which obscure the view to Ms. Fischer’s house.  She indicated on the map where the Sunday school building and other structures were on the property, and she submitted a picture of the wooded area taken from the school building.

Commr. Cadwell commented that the additional 10-foot setback from the easement would not interfere with any existing structure or be an issue if the applicant wanted to expand.

Commr. Campione asked whether the wording for the ordinance which would not allow any additional housing and additional facilities would strictly be for school purposes.

Mr. Schmidt clarified that the applicant had dropped several requests after the 30-day continuance of the case before the Planning & Zoning Board, including the one for dormitories, from the previous month’s staff report, which could be the cause of some of the confusion.  He reiterated that the current request was only for the religious uses, a day care, and the K-8 school.  He clarified that if the applicant wanted to go forward with the school, they will need to submit a site plan.

Commr. Sullivan recommended that they approve the request with an additional 10-foot setback from the easement along the northern boundary or what is commonly known as Fisher Lake Road.

Commr. Campione commented that this will allow the applicant to build new buildings and asked if they should consider buffering or fencing for any additional buildings.

Commr. Cadwell suggested that in the event that a K-8 school is developed on the property, the applicant shall install a six-foot high privacy fence along the eastern and northern boundary.

Ms. Marsh clarified that the fence would only continue up to the wetland line along the eastern boundary for a total of 294 feet.

Ms. McDuffie clarified that they were allowed to continue with the 15 students in the building they currently have and would only be required to construct the fence should they go forward with the K-8 school.

On a motion by Commr. Sullivan, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved Rezoning Agenda Item 7, as follows:

Tab 7. Ordinance No. 2015-50

Rezoning Case RZ-15-23-1

Fresh Start Ministries

Amend CFD ordinance by revoking Ordinance 69-86, adopting a new CFD ordinance to include additional community facilities uses, a 10-foot setback from the easement, and the construction of 6-foot privacy fence along the northern and eastern boundaries upon the construction of a K-8 school building.

Recess and reassembly

The Chairman announced at 10:20 a.m. that there would be a seven-minute recess.

wellness way sector plan compliance agreement

Mr. Robert Chandler, Director of Economic Growth, gave a presentation on the Wellness Way Sector Plan (WWSP) Compliance Agreement with the Florida Department of Economic Opportunity (DEO).  He reported that Lake County government and local stakeholders had recognized the need for long-term planning to efficiently manage growth coming to undeveloped portions of south Lake County.  He relayed that it was originally determined that a sector plan would be the most appropriate planning mechanism to achieve the long-term planning goals.  He explained that Sector Plans are authorized in Section 163.3245, Florida Statutes, to encourage and recognize the benefits of long-range planning for specific areas within a region or a local government jurisdiction.  He specified that the primary goals of the project include facilitating protection of regionally significant resources, ensuring adequate mitigation of impacts to regional resources and facilities, emphasizing urban form, and promoting long-term planning for conservation, infrastructure and development on a large scale.  He expounded on some of the background for the Sector Plan process which had begun in May 2013, with Planning & Zoning hearing approval in October 2014, and the BCC hearing approval transmittal in November 2014.  He elaborated that an “Objections, Recommendations and Comments” Report was received from DEO in February 2015, and the BCC hearing for Final Adoption occurred in July 2015.  He recapped that in September 2015, the DEO found the WWSP not in compliance, and in October 2015 County staff met with the DEO to discuss the compliance agreement.

Mr. Chandler explained that the DEO had acknowledged that the existing plan was a good planning document but that it would be very difficult to bring many of the policies into compliance with the Sector Plan legislation.  He mentioned that Sector Plans were predominantly designed for large parcels under single ownership and that the multiple owners and scattered ownership pattern within the Wellness Way planning area makes achieving the statutory requirements for sector plans difficult.  He asserted that compliance agreement discussions were heavily based on Lake County’s long term goals and objectives for the planning area, and the DEO indicated that based on these discussions, the goals and objectives of Wellness Way were more aligned with an Urban Service Area than a Sector Plan.  He reported that since Lake County’s adopted Wellness Way Sector Plan meets the Urban Service Area requirements with only minor revisions, the compliance agreement allows the Wellness Way Sector Plan to stay almost entirely as adopted, but is simply being processed utilizing a different statutory mechanism.  He displayed a map of the affective area on the monitor and noted that almost every policy of the plan is identical to the plan they had presented in July.

Mr. Chandler specified that revisions to the plan included replacing all references to “Sector Plan” with “Urban Service Area,” replacing all policies referencing “DSAPs (Detailed Specific Area Plans)” with “Master PUD” language, revising all scriveners and administrative errors, adding “mining” as a conditional use under each tier within the allowable uses policy, and eliminating Policy I-8.7.6. which referenced continued mining and natural resource-based extraction as an allowable use, due to redundancy.  He stated that no revisions had been made to any of the major policies regarding infrastructure, public facilities, jobs-to-housing ratios, open space, or densities/intensities.  He explained how the Urban Service Area differs from a Sector Plan, such as no minimum acreage requirement for Urban Service Areas, where the Sector Plan had needed a 15,000-acre minimum.  He noted that other differences included that the master PUDs will replace the Detailed Specific Area Plans and that Urban Service Areas allow for existing PUDs to continue with existing and approved entitlements, allow for greater flexibility with the framework map, and have different standards for public facilities.  He reported that the next steps were for the Board to approve the Compliance Agreement at this meeting and the DEO to then execute the agreement.  He submitted that the final step would be a public hearing on January 2016 to review the remedial Comprehensive Plan amendment.  He concluded by requesting approval of the compliance agreement between the Department of Economic Opportunity (DEO) and Lake County regarding the Wellness Way Sector Plan.

Commr. Campione clarified that if this was approved today and the Comp Plan amendment came back, they would then incorporate the master PUDs.  She noted that Lake County had no requirement that utilities such as power lines be underground and suggested that they consider adding that as part of the public utilities element or as a requirement for new development in that area to avoid the need to retrofit those.  She inquired if there might be an opportunity for some type of clay road mitigation with the three possible alternative locations that would come with the master PUDs.  She also asked if mining would be treated as it currently is under the existing land uses.

Ms. Marsh clarified that the amendment language designated mining as a conditional use, and they were recognizing what the current allowable uses are and making it clear in the plan that it is a conditional use.

Commr. Campione suggested that when they begin Comp Plan discussions, all of the landowners who were concerned about mining could come up with ideas and a list of acceptable conditions that would benefit everyone in the area.

The Chairman opened the public hearing.

 Commr. Parks read a letter into the record from Mr. Curtis Henderson, the clay trail advocate for the Sector Plan, as follows:

            “I commend your efforts to strategically plan for growth but recognize that this plan marks the impending death of the 10-mile clay roads loop. Over the last 30 years this area has become an iconic asset to the endurance community. Media coverage such as on a Facebook page dedicated to the road in Runner’s World magazine and CNN highlights the impact locally, regionally, and even nationally that this unique area has on the running community.

It will be a huge loss for this county if this asset is lost with nothing to replace it. Conversely, it can be an amazing gain if we can work together to ensure a solution is found that will continue to drive the endurance tourism and quality of life in Lake County that has been provided by these clay roads. 

I do not dispute landowners' rights and don't want to be viewed as leading an anti-development angry mob with pitch forks.  However, I do ask for County support with politics, logistics, and grant applications to develop a comparable, sustainable unpaved trail alternative on open space.  This trail should include both hills (1,000+ feet of elevation gain) and distance (10+ miles).  The recent penny sales tax renewal and the passage of Amendment 1 last year combined with federal grants and private funds should give the means to accomplish this project once we select the property and scope the project cost.  I have identified several pieces of property that could accommodate an alternative, but County support will be required to make them come to fruition.  The top three alternatives are Conserv II, Lake Louisa State Park, and connecting the Ferndale Preserve to the Green Mountain Overlook and Trailhead.

I am not just asking for a handout.  As recommended by County staff, I have worked long hours to show there is support for this project and also to have private funds put behind the effort.  In fact, two running races have been held on the current clay roads in the last six months, and a bicycling race is likely coming soon as well.  Each of these first year races had over 500 participants register, with an overwhelming majority from outside Lake County (approximately 75 percent).  One race alone netted almost $15,000.  These races demonstrate the demand for unpaved, hilly running trails in Central Florida.  Funds have been earmarked at the South Lake Sports Foundation, a supporting 501c3 of the Community Foundation of South Lake, to support unpaved trails in the area.  I plan to continue hosting these races at no financial benefit to myself as long as the current clay roads exist.  When an alternative project is established, these races can simply relocate and serve as a means to support ongoing maintenance to the trails.  They can also serve as a marketing tool for County assets.  As concrete and buildings continue to be added daily to our beautiful landscape, a running/bicycling/hiking/birding path on open space will be a benefit to both Lake County residents and visitors who will come, enjoy, and spend their money supporting our local businesses.

I appreciate your support both now and ongoing to your branding as "Real Florida, Real Close.”

 

Mr. Roger Simms, representative of CEMEX and Lake Louisa LLC, explained that CEMEX was the lessee of property owned by Lake Louisa for the purposes of operating a sand mine.  He commented that there were some substantive concerns about the area plan, as it is subject to different statutory criteria than the original plan.  He relayed that he had several associates who would be speaking to that effect.

Ms. Marsh reminded the Board that this was a public hearing on the compliance agreement only and that the remedial amendments and actual plan amendments itself will come before the Board for a public hearing in January.

Mr. Charles Gauthier, a representative of CEMEX and land use planner, mentioned that he had been directly responsible for review of Lake County’s Comprehensive Plan and commented that mining was an important industry for Florida and that large segments of Florida’s economy depend on mining.  He asserted that there were holes in this plan and that it was an urban sprawl plan.  He remarked that the concept of the plan was good, but that the amendment had a land use plan that was too ambiguous and did not accurately define what is and is not allowable for his clients.  He opined that requiring that land be set aside for non-residential use was a good approach, but there was a lack of development controls, with no developmental staging or phasing.  He stated that the vagueness of the land plan directly impacts the property rights of CEMEX, and the land plan had compliance problems.  He concluded that he hoped that these issues could be resolved.

Mr. Darren Stowe, site planner with Environmental Consulting and Technology in Tampa, reported that he was here to express concern about the language proposed in the Wellness Way amendment on behalf of CEMEX.  He asserted that the changes from the former sector plan to the Urban Service Area are not consistent with the state statutes and that the proposed revisions have not been reviewed by state agencies for consistency and compliance with those statutes.  He noted that there remains at least one reference in the goals, objectives, and policies in the amendment to the incorrect Florida Statute citation for sector plans.  He opined that the data and analysis presented for the urban service area is the same as for the sector plan, despite the requirement for compliance with different Florida Statutes.  He went on to list several issues he had with the changes for the urban service area, noting that a sector plan begins with a development of a plan for an area consisting of at least 15,000 acres in size, and an urban service area amendment to the Comp Plan identifies need to the originally-adopted Comp Plan, such as revision for employment uses and greater densities that are currently allowed in South Lake County in this case.  He pointed out that the Sector Plan assumes that all employment generating uses anticipated and required by Lake County until 2040 would occur within the Sector Plan area, and the Sector Plan would be preceded from that assumption; however, a realistic analysis for the purposes of amending the existing Comprehensive Plan would take into account current infrastructure available and the need for concurrency.

Ms. Tracy Mouncey, representative of CEMEX and Lake Louisa LLC, reported that she had submitted a letter from Mr. Matthew McNulty, the owner of the land to be developed as a sand mine by CEMEX and read the letter into the record, which indicated that their land comprising approximately 1,200 acres lies entirely within the area contemplated by the settlement agreement under consideration that day.  She noted that they acquired this land in 2012 prior to the County ever putting forth a Sector Plan for this area of Lake County, when the land use and zoning on the property at that time allowed and currently allows for mining as a conditional use. It was emphasized that they had made a very large investment in the land with the expectation of developing it as a sand mine on an interim basis and then reclaiming it for residential and other uses when this area of Lake County had the infrastructure and resources available to support those types of uses. The letter expressed concerns about the lack of meaningful standards in the language of the newly proposed Wellness Way plan and the way it leaves far too many significant issues such as water, roads, environmental issues, and property specific densities unresolved, making it difficult to impossible for them to properly plan for and utilize their property.  There was also a concern for the lack of opportunities for stakeholders to review and comment on the proposed settlement package with the DEO and for the insufficient notice for this hearing.  The letter also threatened legal challenge of the plan if approved to provide them the proper opportunity to review, discuss, and provide input on the plan that directly affects their ability to use 1,200 acres of land.  They respectfully asked that the Board postpone action on this issue until all landowners and other stakeholders have had a reasonable opportunity to review and meaningfully participate in the process.

Mr. Kurt Ardaman from the Fishback Dominick law firm related that he was representing six entities who own a collective total of 2,150 acres of land in the Wellness Way area plan, and he asserted that they fully supported staff’s recommendation.  He commended the County’s staff for a phenomenal job making the transition and conversion from the Sector Plan to the Wellness Way Area Plan, which he opined was a great plan with standards.  He also indicated awareness of another representative of landowners with 700-800 acres in the Wellness Way area plan who was also in favor of the amendment approval.  He encouraged the Board to vote in favor of this plan.

Mr. Jim Hall, an associate of Mr. Ardaman, commented that the general approach would allow them to have specificity with the master PUD, as it gives control at the local level and ensures that all of the policies are being complied with when the master PUD is being done.  He noted that then they would have the details of exactly where the uses and intensities/densities will occur.  He opined that the plan was innovative, flexible, and predictable and suggested that the plan be adopted.

Mr. Dan O’Keefe, representative of the Avalon Groves PUD, relayed that they also supported staff’s recommendation.  He commented that this process was an example of very good planning and development of a good, strong, and supportable plan. He thanked everyone who worked on it for their efforts and strongly encouraged the settlement with FDEO.

There being no one else who wished to address the Board regarding this issue, the Chairman closed the public hearing.

Commr. Cadwell commented that the spirit of this plan will still be there and clarified that the job ratio was still the driving force of this amendment.  He pointed out that they had picked the Sector Plan as the vehicle because they had thought it was the best way to accomplish this, and  he asserted that as long as the core values of the Sector Plan will still be in the process, this is the best compromise they could achieve, even if it is called something different.

Commr. Sullivan related that he shared some of the same concerns for capital improvements and ensuring that this plan will be an economic driver for the County.  He opined that this was a better process and plan, and it allows them to better align their goals and objectives with the property owners as they move forward.

Commr. Conner clarified that neither the amendment nor the Comp Plan bans sand mines, which would be allowed with a conditional use permit, and he expressed concern about mischaracterizations of the Wellness Way Sector Plan.  He voiced his support for the plan and noted that the plan was meant to be job oriented.  He commended Commr. Parks and staff for their work during the process, and he thanked the landowners for their support and help during this two to three-year process.

Ms. Marsh clarified that if the compliance agreement is approved by the Board, it will go back to the DEO for their signature and approval of the remedial amendment and then come back before the Board in January for a public hearing before it is sent back to the DEO.  However, if the Board made changes to the document, the Board would open itself up to potentially another full review from DEO rather than the expedited process to go through the document that they have already looked at.

Commr. Campione voiced some concerns over adopting the agreement now, as any subsequent changes will trigger another full review of the plan itself.  She commented, however, that she liked the idea of incorporating and acknowledging the property rights of the landowners and Cemex and noted that they have discussed this plan previously.  She asserted that the plan gave them plenty to work with and supported its approval.

Commr. Parks commented that Wellness Way was a flexible approach that had key planning principles and tenants that they will hold to and apply to the PUD process.  He voiced his support for the settlement agreement and his appreciation for the dialogue and discussion they have had during the meeting, although he expressed surprise that Cemex had questions and concerns about the settlement agreement since it had supported the initial transmittal and adoption of the Sector Plan.

On a motion by Commr. Sullivan, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved the compliance agreement between the Department of Economic Opportunity (DEO) and Lake County regarding the Wellness Way Sector Plan (DOAH Case No. 15-005278GM).  There is no fiscal impact.

UF extension presentation

Ms. Wendy Breeden, Public Resources Director, introduced Dr. Nick Place, Dean and Director of University of Florida’s Institute of Food and Agricultural Science Extension (UF/IFAS).  She reported that Dr. Place oversees faculty and researchers located in all of Florida’s 67 counties, 13 research and education centers, 15 academic departments, and the School of Forest Resources and Conservation.  She related that IFAS had recently completed its extension roadmap to meet the mission and goals of the UF extension program in Florida and that Dr. Place was here to discuss IFAS’ initiatives and how the County’s needs can be address by the Extension.

Dr. Place thanked the County for its outstanding support and partnership with the University of Florida IFAS Extension.  He related that the Extension’s primary mission was to connect the residents of Lake County with the resources and research information that is available through the University of Florida, and he asserted that this relationship with the County was critical to the success of that mission.  He reported that citrus greening was a major disease that Florida’s industry is facing which greatly reduces the amount of citrus produced throughout the state and that UF was conducting researching and extension outreach in order to try and address the issue.  He noted that another project they were working on was alternative crops, such as blueberries, which Lake County is one of the top producers of, as well as peaches and olives.  He noted that they were also focusing on greenhouses with ornamental crops and nursery production, as well as food production.  He relayed that the master gardener program was going well and that its purpose was to help people apply the best management practices in their yards and gardens.  He noted that the Family Consumer Science and 4-H programs in Lake County were very strong, and there was a national goal to advance 4-H youth development as the youth development program for their university.  He commented that economic development was a driving force for these programs and that they wanted to help people, families, and communities be successful in Lake and other Florida counties.  He reported that the University was focusing on strategic staffing, which is determining how to make the best use of the resources they currently had as well as what they will need in the future for addressing the most pressing issues that are facing people around the state.  He mentioned that another project was looking at how to advance efforts with extramural kinds of funding such as gifts and endowments to really grow and enhance their programs.  He added that another major effort was working on ways for them to connect with urban and rural audiences, particularly in the areas of food systems, health, water, and youth development.  He reported that the University was also looking into how to connect with other entities beyond the Extension, such as business, engineering, and health sciences, in order to bring that research and education to the residents of Florida.  He concluded that the work and success of the Extension across the state is dependent on cooperation and thanked Lake County for its partnership and collaboration.

Commr. Sullivan inquired if IFAS was looking into any programs for water issues, as it was one of the most pressing problems in Central Florida.

Dr. Place responded that water is a major emphasis area for UF on both the research and Extension side and that they had gotten state funding to hire three regional agents to work on the water quality and quantity issues, one of whom will be placed in Apopka.

Commr. Sullivan opined that they should include this agent in future collaborations.

Commr. Cadwell voiced his appreciation for the Extension’s continued partnership with the Florida Association of Counties, which allows the Commissioners to be as educated and informed as possible.

Commr. Campione reported that the community always gives good feedback on the programs that are provided through IFAS.

Commr. Parks inquired whether there was a way to get IFAS more involved with protecting agricultural land in instances like the Wellness Way plan.

Dr. Place answered that they would be glad to be involved and that they would be able to provide the scientific information and research that are needed to make policy decisions.

Commr. Parks indicated that he would reach out to their representative.

public hearings

ordinance regulating temporary portable storage containers

Ms. Marsh placed the proposed ordinance on the floor for its second reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, CHAPTER II, ENTITLED “DEFINITIONS,” TO CREATE DEFINITIONS RELATED TO TEMPORARY PORTABLE STORAGE CONTAINERS, AMENDING CHAPTER III, LAKE COUNTY LAKE COUNTY LAND DEVELOPMENT REGULATIONS, ENTITLED “ZONING DISTRICT REGULATIONS,” TO CREATE SECTION 3.14.00, ENTITLED “TEMPORARY PORTABLE STORAGE CONTAINERS” AND TO AMEND CHAPTER X, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, ENTITLED “ACCESSORY AND TEMPORARY STRUCTURES AND USES,” SECTION 10.01.01 “GENERAL REQUIREMENTS FOR ACCESSORY STRUCTURES” TO PROHIBIT CARGO CONTAINERS IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

She reported that this is the second and final public hearing for this ordinance.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this ordinance, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2015-55 amending Chapter II, Chapter III and Chapter X, Land Development Regulations, to include provisions that allow and regulate Temporary Portable Storage Containers and prohibit cargo and shipping containers from being used as accessory structures in residential zoning districts.

ordinance regarding Transfer of Impact Fee Credits

Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 22-40, LAKE COUNTY CODE, ENTITLED TRANSFER OF IMPACT CREDITS; ALLOWING FOR A SECONDARY TRANSFER OF IMPACT FEE CREDITS IN CERTAIN SPECIFIED SITUATIONS; 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 ordinance, the Chairman closed the public hearing.

On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2015-51 amending Section 22-40, Lake County Code, entitled Transfer of Impact Fee Credits.  There is no fiscal impact.

ordinance regarding Special assessments

Ms. Marsh placed the proposed ordinance on the floor for its first and only reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING ARTICLE III, CHAPTER 18, LAKE COUNTY CODE, ENTITLED SPECIAL ASSESSMENTS; ESTABLISHING A SPECIAL ASSESSMENT INTEREST RATE AT PRIME PLUS TWO PERCENT; ESTABLISHING A REPAYMENT PERIOD OF TEN YEARS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this ordinance, 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. 2015-52 amending Article III, Chapter 18, Lake County Code, entitled Special Assessments.  The fiscal impact is unable to be determined at this time.

Lake County Investment Policy ORDINANCE

 Ms. Marsh placed the proposed ordinance on the floor for its first and only reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 2-24, LAKE COUNTY CODE, ENTITLED LAKE COUNTY INVESTMENT POLICY; INVESTMENT OF SURPLUS FUNDS; AUTHORIZED INVESTMENTS; PROVIDING FOR CONSISTENCY WITH SECTION 218.415, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this ordinance, the Chairman closed the public hearing.

Commr. Sullivan clarified that this was simply an update to the investment policy.

Ms. Marsh explained that this ordinance would bring the policy into conformance with the Florida Statutes.

On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2015-53 amending Section 2-24, Lake County Code, regarding the Lake County Investment Policy.  There is no fiscal impact.

Teen Court Fees ordinance  

Ms. Marsh placed the proposed ordinance on the floor for its first and only reading by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 9-13(1) OF THE LAKE COUNTY CODE; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS OPERATE AND ADMINISTER LAKE COUNTY’S TEEN COURT PROGRAM; DELETING REQUIREMENT THAT CLERK PROVIDE THE COUNTY WITH AN ANNUAL WRITTEN REPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this ordinance, the Chairman closed the public hearing.

On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2015-54 amending Section 9-13(1), Lake County Code, entitled Teen Court Fees.  There is no fiscal impact.

second supplemental bond amendment

Mr. Adam Sumner, Economic Development and Tourism Manager, gave an update on the 2012 Industrial Revenue Bonds for the Crane’s View Lodge project in Clermont and the proposed amendment to these bonds.  He explained that Industrial Development Revenue Bonds (IRBs) are a type of municipal bond issued by state and local governments that typically offer below-market rate financing to qualified private enterprises, and there is no financial liability to the County for this debt.  He reported that the County has an approved IRB Policy and Application process that includes an application fee, and the County uses Tom Giblin and Steve Miller from Nabors, Giblin & Nickerson, P.A. as outside bond counsel to evaluate these bond applications and agreements.  He displayed a list of projects that may be financed with proceeds of IRBs, and specified that this project would fall under health care facilities.  He remarked that these bonds had been approved and issued in November 2012.  He specified that the tax-exempt series of the bonds were for $21.7 million, and the taxable series of the bonds totaled $4,325,000.  He elaborated that there was an amendment to the Bond Indenture in November 2013, when US Bank National Association lent the proceeds of the bonds to Living Well Lodges Clermont, LCC to construct Cranes View Lodge, which is a 128-unit assisted living and memory care facility.  He displayed several pictures of the lodge on the monitor, commenting that it turned out to be a very nice project and an asset to Clermont.  He commented that the existing ownership group has decided to sell all three of their assisted living facilities in Florida at this time and that in order for them to sell these properties, the buyer needs to call the bond debt for Crane’s View Lodge.  He noted that the facilities will remain open and operational through this process.  He stated that the US Bank had notified the County that these bonds were in default as of December 7, 2015.

Mr. Sumner explained that the resolution will authorize the Chairman to execute the Indenture Amendment, which will change the call provision in the bonds to allow for the bonds to be called in November 2015, rather than November 2017.  He specified that the Indenture Amendment is contingent upon the receipt of consent from 70 percent of the bondholders, receipt of the fully executed Indemnity Agreement, receipt of the fully executed Opinion of Bond Counsel, and a copy of the Offer to Purchase/Tender Agreement provided to the bondholders.  He reported that the staff analysis was that the buyer and the seller have agreed and provided indemnification for the County against any litigation or liability as a result of the County approving this Resolution and Amendment to the Bonds.  He relayed that a third party legal opinion that will be provided by the Buyers’ legal counsel will state that the amendment to the bond documents is legal and will not impact the tax exempt status of the bonds.  He assured the Board that Tom Giblin and Steve Miller have reviewed the documents for this transaction and have recommended approval.  He concluded by requesting approval and execution of Resolution No. 2015-129 and the Second Supplemental Bond Trust Indenture Agreement.

Commr. Sullivan emphasized that this action had no fiscal impact to the County.

On a motion by Commr. Conner, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved and executed Resolution No. 2015-129 authorizing a Second Supplemental Amendment to the Industrial Development Revenue Bonds, Series 2012 (Crane’s View Lodge), and approved and executed the Second Supplemental Amendment to the Industrial Development Revenue Bonds, Series 2012 (Crane's View Lodge).

Keep Lake Beautiful Advisory Committee appointment

On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board appointed Ms. Karen LeHeup-Smith as the Elected Municipal Representative to the Keep Lake Beautiful Advisory Committee to complete an unexpired four-year term ending January 31, 2017.

Commr. Campione related that she intended to have Mr. Brian Sheahan, Community Safety and Compliance Director, give the Board an overview of the Keep Lake Beautiful efforts so far and some of the things they were working on, such as Key Club group projects, and she mentioned that she and Mr. Sheahan will be going on a train ride on the Florida Central Railroad to take a look at the possibility of doing wildflower plantings and beautification along the railroad track for the excursion train that runs from Mount Dora to Tavares.  She noted that staff has been working on a phone app to report any blight or litter so that the County can address it.

MPO Bicycle and Pedestrian Advisory Committee appointment

On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board appointed Mr. Scot Hartle, Commission District 1, and Mr. Michael A. Stephens, Commission District 5, to the Lake-Sumter Metropolitan Planning Organization Bicycle and Pedestrian Advisory Committee to serve two-year terms beginning January 1, 2016.

Lake-Sumter MPO Citizens Advisory Committee appointment

On a motion by Commr. Sullivan, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board appointed Mr. Stephen J. Ferrell, Commission District 1, to the Lake-Sumter Metropolitan Planning Organization Citizens Advisory Committee to serve a two-year term beginning January 1, 2016, and approved the waiver of the potential ethical conflict.

reports – county manager

agenda item submission

Mr. Heath reported that the next BCC meeting would be held on January 5, 2016 and that a retreat would be held on January 12, 2016. He asked that all agenda items for these meeting be submitted to him by December 28.

Wendy Breeden’s replacement

Mr. Heath noted that Ms. Wendy Breeden was retiring next month and asked for consensus from the Board to have her replacement, Mr. Jeff Cole, who was formerly Chief of Staff with the St. Johns River Water Management District, begin work during her last week in order to better facilitate the transition. The Board gave their consensus for this request.

reports – commissioner sullivan – district 1

Arts and Cultural Survey

Commr. Sullivan related that Lake County had been selected to participate in the Arts and Cultural Survey that is being conducted by the State, which looks at art and culture as part of economic development.

West Leesburg CDC annual meeting

Commr. Sullivan reported that he had attended the West Leesburg CDC annual meeting where Lake County had been commended for their efforts in the Keep America Beautiful clean-up event. He thanked the staff who had participated in the clean-up.

REPORTS – COMMISSIONER conner –DISTRICT 3

Viaport Mall development

Commr. Conner inquired whether Economic Development staff could communicate with Viaport Mall in Leesburg with offers from the County to help with promotion of the renovated mall.

Commr. Sullivan relayed that their Economic Development staff had already had contact with the owners and begun discussions to that effect. He opined that there had been a great amount of improvement in that area.

REPORTS – COMMISsIONER campione – DISTRICT 4

Sylvan Shores utility issues

Commr. Campione explained that due to utility issues, the City of Mount Dora had determined that the residents of Sylvan Shores should pay a fee in order to power their street lights. She commented that the residents in that area are very upset about this, and she emphasized the importance of having lights in that area for safety reasons.  She asked for authorization to work with staff and the legal department to communicate with the residents of Sylvan Shores to come up with solutions to the issue. She elaborated that the City has given the residents until the fall of 2016 to resolve this issue, which she believes would give them time to work with the County to organize and set up an MSTU.

Commr. Cadwell related there has been changes on the City board, and he asked if Commr. Campione has had a discussion with them.

Commr. Campione responded that this was done before the change on the board, and she has not dealt directly with the new board; however, she talked to the mayor and the manager about this issue.  She mentioned that the Sylvan Shores water rates were also increased over 12 percent as a result of the Statute that allows them to have a surcharge in the unincorporated area.  She elaborated that there were about 500 County residents who lived in that area and were affected by these changes, and they were trying to find solutions to help those residents.

Commr. Conner agreed that the street lights in the area were important and suggested that they talk to the new board members on the City Council.

The Board gave their consensus and support for Commr. Campione to work on this issue.

reports – commissioner parks –chairman and district 2

Route 50 opening

Commr. Parks thanked Commr. Sullivan for his excellent speech at the Route 50 opening the previous week.

South Lake Regional Park planning process

Commr. Parks acknowledged and thanked Mr. Bobby Bonilla, Parks and Trails Division Manager, and the rest of the staff for their work on the planning process for the South Lake Regional Park. He related that he had listened to UCF graduate students present their ideas for the planning at the UCF campus in Clermont.

fraCking issue resolution

Commr. Parks reported that he would be adding an agenda item to the next meeting to discuss a resolution for the diminishment of local preemption concerning the fracking issue that Commr. Cadwell had discussed with the Florida Association of Counties.  He added that he also wanted to add discussion of a resolution in support of Governor Rick Scott’s recommended changes to Enterprise Florida as an agenda item to a future meeting, and he would work with staff on that.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:05 p.m.

 

_________________________________

sean parks, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK