A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 6, 2016
The Lake County Board of County Commissioners met in regular session on Tuesday, December 6, 2016 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: Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake. Others present were: David Heath, County Manager; Melanie Marsh, County Attorney; Niki Booth, Office Associate, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.
election of chairman and vice chairman
Commr. Parks commented that it has been an honor and privilege for him to serve as Chairman this past year and that he worked hard to serve the County well and to honor each Commissioner as a valuable asset to Lake County. He opened up the floor for nominations.
Commr. Campione thanked Commr. Parks for doing a wonderful job and for putting a lot of time, effort, energy, and enthusiasm into serving as the Chairman of the Board of County Commissioners. She commented that she believed this was a good time to start a tradition of moving the Chairmanship annually so that every Commissioner gets an opportunity to be the spokesperson on behalf of the Board and to be a part of the positive things happening throughout the County and the community.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the appointment of Commr. Sullivan as Chairman.
Commr. Sullivan thanked Commr. Parks for his service and all of the time and effort it takes to be Chairman and commented that he looked forward to that opportunity.
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the appointment of Commr. Campione as Vice Chairman.
Mr. David Heath, County Manager, stated that he had issued an addendum regarding a discussion he would like to have with the Board regarding the issue of the street lights for Sylvan Shores under his reports, and they also needed to pull Tab 8 at the request of Commr. Parks regarding the change in the speed limit in Montverde, since there was a difference of opinion between their Mayor and City Council.
Mr. Robert Anderson, Human Resources Director, recognized citizens who have served on boards and committees and employees who have reached significant milestones in their careers with Lake County, as follows:
BOARD AND COMMITTEE CERTIFICATES/ EMPLOYEE AWARDS
BOARD AND COMMITTEE CERTIFICATES
Affordable Housing Advisory Committee
Phyllis Dallinga, for service from 2011-2016
Elder Affairs Coordinating Council
Barbara Smith, for service from 2011-2016
Library Advisory Board
Cheryl A. Heggemeier, for service from 2014-2016 (not present)
Rosa Rosario for service from 2012-2016
Justin Null, Program Associate (not present)
Community Safety & Compliance/Probation Services Division/Teen Court
Beth Reichardt, Librarian II
Public Resources/Library Services Division/Cooper/LSCC Library
Adam Sherk, Assistant Roads Superintendent
Public Works/Road Operations Division
Patricia Cotoia, Office Associate III (not present)
Public Works/Solid Waste Division
Amy Munday, Procurement Associate (not present)
Fiscal & Administrative Services/Procurement Services Division
Jeannine Nelson, Human Resources Specialist (not present)
Ole Olsen, Energy Maintenance Technician
Facilities and Fleet Management/Facilities Management Division/Energy Management
John O’Malley, Trades Crew Leader
Public Resources/Parks & Trails Division
Wendy Poag, Recreation Coordinator (not present)
Public Resources/Parks & Trails Division
Gallus Quigley, Recreation Coordinator
Public Resources/Parks & Trails Division
Kraig Gilligan, Fire Lieutenant/EMT
Public Safety/Fire Rescue Division
Ross Pinkerton, Fire Lieutenant/Paramedic
Public Safety/Fire Rescue Division
Chief John Jolliff, Public Safety Director, presented the retirement award to Ms. Laura Nichols, Systems Database Coordinator in the Communications Technologies Division of Public Safety. He related that Ms. Nichols had begun her career in Lake County as a Master Street Address Guide Coordinator in February 1988, where her task was to create the first Lake County standalone 911 database with records created and managed in-house. He elaborated that she used the rural route address information to build a database and load the addresses into the 911 server for the onsite backup number and location for all of the public safety answering points. He mentioned that she has seen the population of the county grow from 140,000 to over 300,000 citizens during her years with the County. He related that Ms. Nichols received her Master’s Degree in 1992 in Public Administration, was promoted to 911 Systems Database Manager, and began the management of addressing for Lake County as well as her 911 responsibilities. He added that she has truly taken Lake County to new levels and horizons and leaves them in a position to be ready for the next generation of 911 services with text, video, and data. He thanked her for her 28 years of service to the County and the citizens of Lake County.
Chief Jolliff then presented a retirement award to Mr. Raymond Brittian, Firefighter/EMT in the Fire Rescue Division of Public Safety. He related that Mr. Brittian began his career in Lake County in April 1979 as a surveyor and got his start in the fire rescue service as a volunteer firefighter. He elaborated that all the districts in Lake County were forming into what is currently known as Lake County Fire Rescue as Mr. Brittian was finishing his fire training standards, and Mr. Brittian was one of the original 28 firefighters hired by the newly-formed fire department. He added that Mr. Brittian’s career assignments included Altoona, Astor, Astatula, Pine Lakes, Mount Dora, Bassville Park, and Shockley Heights. He noted that Mr. Brittian has also mentored over a dozen new firefighters during the last eight years in addition to his normal work, and his experienced knowledge and common sense approach will live on with the present firefighters. He thanked Mr. Brittian for his dedicated service to the citizens of Lake County.
Mr. Bill Veach, Deputy County Manager, presented the Quarterly and Annual Employee Recognition Awards as follows:
EMPLOYEE OF THE QUARTER – 4th Quarter FY2016
Ann Kinsey, Plans Examiner
Economic Growth/Building Services Division
Mr. Veach elaborated that Ms. Kinsey has always provided excellent service and accepted responsibility for every assignment, while working hard to provide prompt and professional assistance to their customers. He pointed out that Ms. Kinsey has obtained five licenses since starting employment with the County and continues to further her education. He related that she was a team leader within the Building Services Division, and he thanked her for all she does to assist Lake County’s residents and visitors.
SUPERVISOR OF THE QUARTER – 4th Quarter FY2016
Lori Koontz, Road Operations Supervisor
Public Works/Road Operations Division
Mr. Veach stated that Ms. Koontz is a stellar supervisor who leads by example and who has built a culture of teamwork within the Road Operations Division. He commented that she is approachable and fair with everyone she encounters, is quick to recognize exceptional performance, is diligent in resolving issues that arise with citizens, and works well with colleagues. He thanked her for being an important leader on the Lake County team.
T.E.A.M. OF THE QUARTER – 4th Quarter FY2016
Fire Station Data Technology Enhancement
(Information Technology and Public Safety)
Elizabeth Gouveia Miner
Edward (Doug) Woodyard
Mr. Veach explained that as the need for more advanced communications technology grew within the Public Safety Department, existing software and systems were too slow and could not meet these changing demands. He related that Public Safety partnered with Information Technology to solve this problem by researching the development of a new concept that would replace existing telephone company circuits and provide greater performance. He noted that the result of their efforts was a system that provided better data technology, faster speeds, less maintenance, and reduced expenses. He commented that this improvement will be valuable for first responders and the citizens of Lake County.
ANNUAL EXCELLENCE IN SERVICE – 2016
Seth Lynch, Engineer III
Public Works/Engineering Division/Design Engineering
Mr. Veach related that Mr. Lynch responds to citizens’ calls pertaining to sidewalks with the goal of addressing their concerns and providing exceptional customer service; additionally, he works closely with the Lake County School Board to keep the sidewalks near schools in a safe and operable condition and interacts with several homeowners’ associations, where he has established a system of open communication to allow for a more efficient delivery of services. He opined that Mr. Lynch consistently goes above and beyond in all of his duties to deliver quality public service. He thanked Mr. Lynch for his professionalism and commitment to serving the people of Lake County.
ANNUAL PROCESS IMPROVEMENT – 2016
Sales Surtax Team
(Information Technology, County Manager’s Office, County Attorney’s Office, & Fiscal and Administrative Services)
Wendy Taylor (not present)
Mr. Veach explained that this Sales Surtax Team has worked over the past year to create an improved process for collecting sales tax information from all of the Lake County entities, noting that the previous method involved manual data entry on paper forms, which was inefficient and time consuming. He elaborated that each entity can now submit their sales tax information on a user-friendly website with the development of a new automated electronic system, and the tax calculations are done automatically. He commented that this new system is a major process improvement and has been well received by all participating agencies. He thanked the members of the team for a job well done.
citizen question and comment period
No one wished to address the Board at this time.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 and 2, 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.
Water Authority Meeting Schedule
Request to acknowledge receipt of the Lake County Water Authority Board of Trustees Meeting Schedule for 2017, stating that all regular meetings are scheduled for 3:30 p.m. and budget meetings are scheduled for 5:05 p.m. at the Lake County Administration Building, Board of County Commissioners Chambers.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 13, pulling Tab 8, as follows:
Request for approval of contract 16-0428 for the purchase of Integrated Intelligent Transportation Systems (ITS) hardware items from RouteMatch Software, Inc. (Atlanta) to support the Lake County Public Transportation System and authorization for the Procurement Office to execute all confirming documentation. This purchase, if approved, will be 100% FTA grant-funded, and is estimated not to exceed $150,000 per fiscal year.
Request for approval for the Lake County Board of County Commissioners to authorize the Chairman to sign the FY 2016-2017 Community Development Block Grant (CDBG) Action Plan Agreement between Lake County and Housing and Urban Development (HUD) in the amount of $1,134,383 (Grant).
Request for approval to authorize the Chairman of the Board of County Commissioners to approve the funding request for LifeStream Behavioral Center, Inc. for fiscal year 2016-2017. The fiscal impact is $1,073,987 and is fully funded by the General Fund (Expense).
Request for approval to execute the Stipulated Final Judgment in Court Case No. 2014-CA-002257, Lake County vs. George A. Bonifacino and Marcia A. Bonifacino, et al., (Parcel Number: FP46) regarding property needed for the CR 466A Road Project. The fiscal impact is $263,069.47, which is the difference between the total final settlement of $480,569.47 less the amount of $217,500.00 which has already been deposited into the Court Registry. Commission District 5.
Request for approval to declare Alt Key 2812800 as surplus and donate it to the City of Eustis and approval of Resolution No. 2016-132 regarding the donation. There is no fiscal impact at this time.
Request for approval of proposed liability claim settlement with Highland Tractor. The fiscal impact is $100,000.00.
Request for approval and signature on Resolution No. 2016-137 authorizing the reduction of the speed limit from 55 MPH to 50 MPH on East Orange Avenue (5562) from State Route 44 west to east of Maine Street, at the start of the existing 45 MPH speed zone, located in the Eustis area, Section 7 & 8, Township 19, Range 27. There is no fiscal impact. Commission District 4.
Request for approval and signature on Resolution No. 2016-138 authorizing the removal of "STOP" signs with “All Way” plaques on Citrus Parkway (0261) and Tiree Drive (0261A), in the Four Corners area in Section 25, Township 24, Range 26. There is no fiscal impact. Commissioner District 1.
Request for approval of Resolution 2016-139 supporting the Lake County Priority Projects on the Lake-Sumter MPO List of Priority Projects (LOPP) FY 2020/21 – 2039/40. There is no fiscal impact.
Request for approval of the Local Agency Program Agreement (LAP) and the supporting Resolution No. 2016-140 between Lake County and Florida Department of Transportation (FDOT) for the Design Services of the Lake-Wekiva Trail segment 2 from SR 46 to Hojin Street. The fiscal impact is $807,000.00 (100% Grant Funded in FY 2017). Commission District 4.
Request for approval of the Interlocal Agreement with the Lake County Water Authority for lake monitoring services. The fiscal impact is $35,000 (Revenue).
public hearing – south lake regional park future land use
Mr. Jeff Cole, Public Resources Department, stated that the presentation will provide the Board with an update on the South Lake Regional Park, including a public hearing regarding a comprehensive plan amendment relating to the park property. He explained that the park property consists of 141 acres just south of SR 50 adjacent to the City of Groveland and is accessible only from Max Hooks Road which runs north and south from SR 50. He recapped that the Parks and Recreation Master Plan in 2005 recommended a regional park in South Lake County, and two community and stakeholder meetings were held in 2011 and 2013 about plans for the park. He added that the Board accepted a transfer of 141 acres from the City of Clermont in 2014 for the South Lake Regional Park, and the Board awarded a contract to GAI Consultants in 2015 to develop the master plan, which included an option through an addendum to provide design, engineering, permitting, construction bid documents, and construction support services. He recapped that GAI began development of the plan in 2015, with stakeholder meetings held in 2016 before the Master Plan concepts were presented to the Board in April of 2016, and the Parks, Recreation & Trails Advisory Board voted to recommend one of those concepts. He further relayed that the Board approved transmitting the Comprehensive Plan Amendment to the Florida Department of Economic Opportunity (DEO) in August 2016, and in November 2016 the DEO issued its Objections, Recommendations, and Comments (ORC) Report, which was responded to by staff. He also mentioned that staff had evaluated whether there was an opportunity for TDT (Tourist Development Tax) funding considerations of this project by being able to show a direct and tangible link between funding and room night generation as well as an operational management partner that could produce room night generating events. He reported that the Economic Growth Department issued an RFI (Request for Information) in July 2016 soliciting sports tourism providers who could produce room night events which resulted in two responses that did not meet the needed criteria, and Economic Growth is researching additional opportunities to meet those targeted objectives.
Mr. Frank Bellomo from GAI Consulting explained the Master Plan development process and described the plan that is under consideration. He commented that the public participation during this process was extremely extensive with no preconceived notions from the County and led them to the master plan they would present. He specified that they were looking to understand what the growth sports were in South Lake County, what current facilities in that area were lacking, and what the needs were. He opined that it was challenging to balance the recreation needs of South Lake with the potential economic impact of this investment. He specified that they met with 15 different sports organizations and institutions, league officials from various sports, and representatives from the National Training Center, Lake Sumter State College, Montverde Academy, and South Lake Sports Foundation. He reported that they also met with all of the city managers and some of the elected officials for the five South Lake Cities of Mascotte, Clermont, Montverde, Minneola, and Groveland prior to the design phase and a second time to present two concept designs and get their input, as well as twice with the Parks & Trails Advisory Board. He added that they had two very good public open forums that were well advertised where they had residents participate in the design process in groups and presented the two concept plans that were developed using all of the input and ideas from all the stakeholder meetings at the end of the second public meeting.
Mr. Bellomo described the details of the plan, noting that there were dash lines running horizontally across the plan breaking the site up into three likely phases of development. He related that Phase I consists of four youth baseball fields; four softball fields; two multipurpose fields for sports such as lacrosse, soccer, football, and cricket; a multiuse trail; restroom and concession buildings; and roadway and parking infrastructure. He commented that the plan was configured in part so that they could include a wide variety of sports in the first phase to immediately address some of the needs. He reported that Phase II includes an additional four softball fields with a restroom and concession building, another four multipurpose fields, basketball courts, tennis and pickleball courts, a large community playground, a boardwalk, nature trails, and additional parking and roadway infrastructure. He stated that Phase III will consist of two full-size adult baseball fields, the final two multipurpose fields, a restroom and concession building, the completion of nature trails, the development of a passive park at the southwest portion of the site for a more natural recreational experience with picnic tables, and a dog park at the southeast corner of the site.
Mr. Fred Schneider, County Engineer, Public Works Department, started a discussion about the infrastructure of the park by showing a map of the area around it. He specified that Max Hooks Road was a two-lane County-maintained paved road that was about 4,000 feet in length, noting that the Cypress Lake PUD (Planned Unit Development) for 750 residential lots was to the south in the City of Groveland, which has expressed a desire to also access Max Hooks Road north of SR 50, although they do have another access onto Monte Vista Road to the south. He displayed a photograph of Max Hooks Road, pointing out that the current roadway is very close to the Oak Mobile Home Park, and he added that there were many large trees to the west side of the roadway and a narrow right of way. He elaborated that they had looked at multiple alternatives for the construction of this roadway, including curb and gutter and stormwater options, and he commented that they would have a significant dewatering problem that would entail building retention ponds, since the low spot was 12 to 15 feet down. He related that another problem they will encounter was to find a way to move the roadway away from the mobile homes that were currently close to the roadway and to be able to preserve some of the 27 trees lining the road, four of which were heritage trees. He added that the road is underbuilt and not designed to handle large volumes of traffic and that the improvements to the roadway are needed to be able to access the park and eventually to be connected to the subdivision. He related that the utility needs for the park are potable water, sewer, and reclaimed water, all of which would be provided by the City of Groveland and constructed within the right of way. He mentioned that the utilities currently are along SR 50 and that the Cypress Lake Reserve development also has a need for these utilities to be extended to their development, which is located south of the park.
Mr. Cole spoke about the budget considerations for this project to be funded in FY 2017. He reported that the cost for design, engineering, permitting, construction bid documents, and construction support for the sidewalk and utilities on Max Hooks Road would be $272,500, noting that was a funded component in their current budget. He related that the cost for design, engineering, permitting, and construction bid documents for the entire South Lake Regional Park site, as well as construction support for the Master Plan Phase I was $796,150, which was also funded in their FY 2017 budget. He stated that the estimated cost for future construction of the road, sidewalk, utilities, and Phase I of the park included $1.4 million out of potential sales tax money for Max Hooks Road sidewalk and utility improvements and $6.5 million for the Park Master Plan Phase I construction, which is expected to be funded from available existing and potential future sales tax proceeds. He opined that the construction costs could be offset in the future with grant funding and financial participation from the City of Groveland and the Cypress Lake PUD developer.
Mr. Tim McClendon, Planning and Zoning Division Manager, Economic Growth Department, presented the public hearing for the adoption phase of the South Lake Regional Park Future Land Use (FLU) Comprehensive Plan Amendment, which seeks to create a new future land use designation along with associated policies on the 141-acre property located on the south side of SR 50 in the Groveland area in District 1. He displayed the advertisement on the overhead monitor to demonstrate that the public hearing was properly noticed as required by State Statutes, and he presented a map showing the change from the current and proposed FLU designation on the subject property from Conservation to the newly-created South Lake Regional Park. He noted that the subject property is located within the Green Swamp Area of Critical State Concern, which serves as a major recharge area for the Florida Aquifer. He explained that the current Conservation designation on the property allows for no development, and he relayed that it was suggested by DEO that they create this separate FLU Category along with the actual development criteria contained in those policies that would include open space and impervious surface ratio. He recapped that in August the LPA (Local Planning Agency) recommended transmittal and the Board transmitted this Comprehensive Plan Amendment to DEO, and they received the ORC report from the state on November 2016, which identified two minor issues or recommendations concerning utilities and open space, both of which he believed has been addressed to the satisfaction of the DEO.
The Chairman opened the public hearing.
Mr. Vance Jochim, a resident of Tavares and a writer of a blog about governmental and fiscal issues, expressed a concern that although the funds for this project are coming out of the County’s share of the sales tax revenue, this would only benefit the City of Groveland, which would also benefit from receiving property taxes in that area if Groveland annexes that property at some point in time. He added that he would like to see some sort of safeguard or payback to the County taxpayers if that happens.
Commr. Sullivan assured him that the County was working closely with the City of Groveland to coordinate the use of the utilities and who would pay for the project.
Commr. Campione emphasized that this will be a countywide park that will benefit and be used by County residents as well. She indicated that she likes the idea of approaching Groveland in the future as they work on getting the rest of the phases of the project completed, as well as looking into the possibility of grant funding.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Campione asked if the County was planning on saving the trees lining Max Hooks Road.
Mr. Schneider responded that the current proposal is for a swale design down the center of the roadway where the trees are currently located, so the trees would be removed.
Mr. Heath explained that there is a choice between removing either the trees or the trailer park; however, eminent domain to condemn property in that trailer park would cost more and require the relocation of the residents who live there, which was a huge consideration.
Mr. Schneider elaborated that there is a wetlands conservation area on the west side and about four single-family homes making up about two acres to the south. He recapped that staff had looked at many options, including splitting the road or putting it on one side and noted that significant tree root cutting would be necessary to put the utilities in. He related that using the curb and gutter rather than the swale design would add at least $500,000 to the project, which would save about eight trees. He pointed out that the right of way is only 40-feet wide, there would be no room with a two-lane road and a sidewalk, there needed to be an area for stormwater treatment, and any other options would take additional right of way and effort to try to save the tree roots.
Commr. Breeden commented that she would like to save as many of the heritage trees as they could.
Mr. Heath pointed out that this presentation was regarding the park and the infrastructure, and he suggested that they have the work session on the sales tax to look at the funding availability and to see what staff could negotiate with the developer and Groveland regarding the money they will contribute to the project before making the decision about the trees.
Commr. Breeden stated that she realized this discussion was getting off topic from the action items and noted that she was in favor of the requested action.
Mr. Schneider assured her that they generally do everything they can to save trees.
Commr. Breeden suggested that they add a request for funding for this project to the 2018 legislative priority requests.
Commr. Parks stated that he would like to look into the possibility of using TDT money as previously mentioned for Phase II of the project, and he relayed a conversation he had with the developer of Cypress Lake indicating that they will share the cost evenly with the County for the road improvements on Max Hooks Road. He commented from personal experience that parents with children who play sports in the South Lake County region spend a lot of time traveling to athletic fields in Orange County and spend money there for meals and other expenses, since there are currently not enough fields in South Lake for the population.
Commr. Campione asked what type and category of grants the County could qualify for and whether it was realistic to hope that they receive them.
Mr. Cole answered that there were potential state grants, noting that they have received state grants in the past for other County parks, including PEAR Park.
Mr. Bellomo added that there were grants available that would fund the recreation aspects as well, a lot of which was dependent upon legislative funding from year to year as to how much money is available and what their competition for that money is.
Commr. Campione suggested that they do a cost-benefit analysis to fully evaluate how many trees they can save for a specific amount of money. She asked whether they would mitigate that by planting something else at another location, as well as whether the residents of the mobile home park are aware of this construction and how they feel about losing the trees. She pointed out that the road would have a lot more traffic on it after this construction was done.
Commr. Parks responded that the road would have to be improved anyway because of the development to the south.
Mr. Heath pointed out that the mobile homes were very close to the roadway.
Mr. Schneider related that the tax records indicate that the mobile home park was under one ownership, with the residents renting their lots. He added that his research showed that they can force the north half of the mobile home park to access internally if they built a privacy wall, and the south half has no other access but on the roadway.
On a motion by Commr. Parks, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved the request to adopt FLU-2016-08-1 to create South Lake Regional Park Future Land Use category and amend the Future Land Use Map on 141.53 acres from Conservation FLU to South Lake Regional Park FLU in order to construct the South Lake Regional Park; approval of the South Lake Regional Park Master Plan; and an Addendum to the Agreement between Lake County and GAI Consultants, Inc., for South Lake Regional Park for design, engineering, permitting, construction bid documents and construction support for the park, external access road and utilities; and authorization for the Chairman to execute the necessary documents. Fiscal impact: not to exceed $1,068,650. Commission District 1.
Commr. Campione clarified that the motion does not authorize the removal of the trees.
appointments to affordable housing committee
Commr. Campione explained that these would all be reappointments of existing advisory board members to the Affordable Housing Committee. She specified that two of the appointees would require a waiver for conflict of interest, Mr. Ken Thomas, who worked for the City of Leesburg, and Mr. Carl Ludecke, since he received contracts in relation to SHIP (State Housing Initiative Partnership) money. She opined that it was important for Mr. Thomas and Mr. Ludecke to be cognizant of the fact that there is a potential for a conflict of interest and that they take that into consideration as part of the discussions and decision making process.
Ms. Melanie Marsh, County Attorney, assured her that Mr. Thomas and Mr. Ludecke both understand that and have signed the waiver form.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the execution of Resolution No. 2016-141 appointing the following individuals to positions on the Affordable Housing Advisory Committee to serve two-year terms beginning December 1, 2016: Carl Ludecke as a resident who is actively engaged in the residential home building industry in connection with affordable housing, Gerardo Suarez as a resident member who is actively engaged in the banking or mortgage banking industry in connection with affordable housing, Ken Thomas as a resident who is designated as an advocate for low-income persons in connection with affordable housing, and Richard Gonzalez as a representative who actively serves on the local planning agency, as well as approval of the waivers of potential ethical conflicts for Carl Ludecke and Ken Thomas.
reports – county manager
streetlights for sylvan shores in mount dora
Mr. Heath recapped that the City of Mount Dora has historically provided street lighting at no cost to the residents of Sylvan Shores, which was located in the unincorporated area of Lake County west of the City of Mount Dora; however, the Mount Dora City Manager opined in 2015 that the city was not obligated to provide streetlights to that development anymore and indicated that Mount Dora would turn off those lights by the end of 2017 if the city was not compensated for them. He mentioned that there were several subdivisions in South Lake County such as Greater Groves where the County established a streetlight district through an MSBU (Municipal Services Benefit Unit) for the developer through a mandatory HOA (homeowners’ association), but Sylvan Shores does not have an HOA. He expressed concern about the consequences of having the streetlights in Sylvan Shores turned off and suggested that he send a letter out to the residents of Sylvan Shores informing them of Mount Dora’s intended action regarding those streetlights and notifying them that Lake County has an option of establishing an MSBU for the streetlights if the County Commission is petitioned by 55 percent of the residents of that development, giving the residents until the end of January to respond. He related that Ms. Marsh has indicated that the County has until March 1 for the Board to establish the MSBU and could establish the rate in the summer. He asked for and received consensus to get the notice out to the residents to educate them about this situation and give them the opportunity to file the petition to be considered at a public hearing in February.
Commr. Campione elaborated that the County tried to advocate on the residents’ behalf with the City of Mount Dora, but the City is taking the position that they are not allowed to be using city money to provide a service outside the city’s jurisdictional limits, which she opined was a good legal argument. She commented that she agreed with Mr. Heath’s suggestion of giving the residents a chance to decide whether they want to do the MSBU as a community.
Mr. Heath added that a rough estimate of the cost of the lighting was about $18,000 annually, which would cost between $5 and $7 per month for each resident spread out over 380 units.
Commr. Campione suggested that they inform the residents of those costs in order for them to make a decision about this issue, and she mentioned that there were many people that have been involved in this effort.
Mr. Heath opined that the light fixtures in Sylvan Shores are very nice, and he expressed concern about the City pulling out those fixtures if they turn off the lights, which would make it harder for the residents to restore lighting in the future.
Commr. Campione asked about whether the interlocal agreement with Mount Dora covered that issue.
Mr. Heath reported that he will bring an approval to advertise to the Board during the first meeting in February if Sylvan Shores decides to move forward with the MSBU, with a public hearing at the second meeting.
Commr. Campione explained that the City of Mount Dora probably hoped that the residents of Sylvan Shores would eventually request to be annexed into the city limits when they provided that lighting, but the residents ultimately did not have an interest in annexing.
reports – commissioner parks –district 2
florida assocation of counties meeting
Commr. Parks related that he attended the Florida Association of Counties (FAC) meeting last week regarding the legislative session. He opined that there would be some issues that they would need to address, which he planned on discussing at the Board retreat in January.
city of clermont holiday events
Commr. Parks thanked the City of Clermont for doing a great job with their Christmas and holiday events on Friday and Saturday, December 2 and 3. He mentioned that he rode in the parade with his son in a Tesla SUV vehicle that was loaned for the event by an employee of the City.
REPORTS – COMMISSIONER breeden –DISTRICT 3
florida association of counties meeting and classes
Commr. Breeden mentioned that she had also attended the FAC meeting as well as mandatory orientation and ethics classes along with Commr. Blake. She opined that there was lively discussion regarding some of the legislative issues that was invaluable and that she had tried to find the final legislative agenda online, but it was not yet available.
REPORTS – COMMISsIONER campione – vice chairman and DISTRICT 4
wekiva river basin commission meeting
Commr. Campione reported that she had attended the Wekiva River Basin Commission meeting as the County’s appointee to that Board on December 5, which had included a presentation about the Florida Department of Health’s rule-making activities on the onsite disposal systems treatment standards pursuant to recommendation 9 of the final report regarding septic tanks, and she believed that the upcoming utilities workshop might be an appropriate time to further discuss that issue. She mentioned that Orange County Commissioner Brian Nelson stated that they are doing something in Orange County in relation to that rule, and she asked staff to look at how the new septic tank requirements would affect Lake County residents in the Wekiva area and other areas throughout the county that use septic tanks. She also wanted staff to look into whether the bear-resistant clasps they had discussed putting on trash cans to keep bears out would be a problem for the solid waste haulers, noting that the Fish and Wildlife Commission representative at the meeting stated that they would be awarding the grants for the bear-proof trash cans soon. She relayed that there was discussion at the meeting that the design for the clasps needed further work, and she asked whether there was a way for the County to use the clasps until they have the right trash cans.
Mr. Jim Stivender, Public Works Director, responded that the vendors indicated to staff that the additional period to unlatch the containers would entail an additional cost, since that was not in the original contract, and the original container has no latch.
Commr. Campione opined that where the haulers have to get out to collect the cans rather than having them picked up by an automated truck would be the best places for the clasps, whereas a neighborhood with automated pickup would be more problematic for that solution.
master parks and trails planning session
Commr. Campione announced that the kickoff of the first master Parks and Trails planning session would be 6:00 p.m. on Thursday, December 8, at the Eustis Community Building. She explained that this would be an opportunity for people to see what facilities the County has and to give input on any changes they might be making going forward.
keep lake beautiful cleanup event
Commr. Campione reported that there would be a Keep Lake Beautiful lake cleanup event starting at 8:30 a.m. at Hickory Point Park or the Wooten Park boat ramp in Tavares on Saturday, December 10, with the Water Authority and several other groups participating in this event. She advised anyone interested in taking part in the cleanup to contact the Water Authority.
road safety issues on lake shore drive
Commr. Campione related that she has been working with residents on Lake Shore Drive between Tavares and Mount Dora regarding safety issues due to narrow roads and no sidewalks. She stated that there would be a community meeting on Tuesday, December 13, at 6:00 p.m. at the W. T. Bland Library in Mount Dora for those who indicated they were interested in finding solutions to that issue, such as signage, solar radar speed signs, speed tables, medians, or sidewalks.
transition of animal shelter
Commr. Campione asked staff to give the Board weekly updates to apprise the Board about the progress of the transition of the Animal Shelter, since many constituents have been asking the Commissioners about that issue.
Mr. Heath reported that he hired Mr. Mike Fry from the No Kill Association, who is currently looking at the County’s various policies regarding all aspects of the shelter and the facility needs at the shelter, and staff was working with Mr. Fry on a national recruitment effort and interviewing for Animal Services positions. He related that the veterinarian hired by the Sheriff has agreed to work full-time for the County, and he announced that there would be a community meeting on January 23rd at the Agricultural Center followed by a work session on January 24th regarding all aspects of Animal Services. He mentioned that they would also consider funding for a new Animal Services facility using the infrastructure sales tax at the workshop on December 20.
Commr. Campione opined that the January 23rd visioning and brainstorming session would be a good opportunity for any of the animal advocates, the rescue groups, those that foster animals, volunteers, and anyone who cares about animal issues in Lake County to give their input.
reports – commissioner blake – district 5
fac new commissioner orientation training and other events
Commr. Blake related that he had attended the ethics and new Commissioner orientation training and the FAC meeting mentioned by Commr. Breeden and that he attended the Christmas Parade in Mount Dora on Saturday, December 3.
recess and reassembly
The Chairman announced at 10:30 a.m. that there would be a 30-minute recess before reconvening for a closed session at 11:00 a.m.
Ms. Melanie Marsh, County Attorney, stated that she previously asked for this closed session as authorized by Florida Statute 286.011 to discuss pending litigation against the County and explained that once the closed session starts, it will be confined to settlement negotiations or strategy sessions related to litigation and its expenditures. She further noted that a court reporter will record the entire session from when they begin to when they end, which will include all discussions in those proceedings, including the names of all persons present and whoever speaks. She pointed out that none of the session could be off the record, and the court reporter’s notes will be transcribed and made public when litigation is concluded. She related that she had a copy of the required advertisement of the closed session which ran on December 1, 2016 in the Lake Sentinel in her possession. She specified that the people in attendance at the closed session will include all of the Commissioners; the County Manager; Mr. Heath Stokley, an attorney from Nabors, Giblin and Nickerson P.A.; and herself.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:53 a.m.
timothy i. sullivan, chairman
NEIL KELLY, CLERK