A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
november 23, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, November 23, 2010 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill; Sean Parks; Jimmy Conner; and Leslie Campione. Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; 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. He also mentioned that the Giving Toy Box is a great county-wide ministry, and they still needed gently used and new toys to be donated. He specified that last year they were able to assist 1500 children in Lake County, and he thanked the Board for supporting that.
Commr. Cadwell stated that he wanted to discuss a letter regarding an ongoing federal program that would open up a lot of additional programs and dollars from a federal level if the Gateway Community Health Network qualifies as a federally-qualified health center, and it would not cost them anything else.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to add that item to the Agenda.
Commr. Cadwell mentioned that he has also given everyone a calendar of events for the Martin Luther King week of celebration, and they try to spread themselves out to participate in as many events as possible.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Parks requested to pull Tab 5 for discussion.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 6, pulling 5, as follows:
Economic Development and Community Service
Request for approval of approval of Resolution No. 2010-145 for the issuance of Homeowner Revenue Bonds.
Facilities Development and Management
Request for approval to award contracts for the On-Call Architects to John Dickerson Architect, Inc., GatorSktch Architects, Inc., and Heery International, Inc. in conjunction with the County’s needs. Fiscal Impact cannot be determined at this time.
Request for approval to award ITB 10-0828 to Berg Electric, Inc, Tavares, FL for the purchase and installation of an emergency generator replacement at Fire Station 27. (Fiscal Impact: $30,285.00.)
Request for authorization to release a letter of credit for maintenance in the amount of $30,000 posted for Sugar Hill Estates. Sugar Hill Estates consists of 21 lots and is located in Section 31, Township 18 South, Range 26 East. Commission District 5. There is no fiscal impact.
Request for approval of Resolution No. 2010-146 authorizing the installation of the "STOP" signs with “ALL WAY” plaques on Foxglove Dr (1046A) and Roper Bv (1048A) in the Clermont area, Commissioner District 2, Section 5 Township 23, Range 26. There is no fiscal impact.
Commr. Parks commented that since some constituents have been concerned when there were change orders in the Agenda, he thought that there should be a brief explanation for public record regarding Tab 5.
Mr. Jim Stivender, Public Works Director, explained that this change order is for the additional work to install a brand new railroad crossing on CR 448 where they are putting the turn lanes in, which was extending it above and beyond the original work plan.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 5, the request from Public Works for authorization to execute change order #5 to CR-448 ARRA Project No. 2010-11, Bid No. 10-0015, FPN No. 426313-1-58-01, to D.A.B. Constructors, Inc., in the amount of $31,573.53 to be expended from the Road Impact Fee Fund Benefit District 2. Fiscal impact is $31,573.53.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 7 as follows:
Request for approval of contract with the Division of Administrative Hearings (DOAH) for administrative law judge hearing services (ALJ). Fiscal impact undetermined at this time.
ordinance amending section 7 of lake county code
Ms. Melanie Marsh, Acting County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
an ordinance of the board of county commisioners of lake county florida; amending section 7-2, lake county code, entitled definitions; providing for an expanded definition of targeted business/industry; amending secTIon 7-3, lake county code entitled general authority and administRAtion; amENDIng sectioN 7-4 entitled business development programs; providing for expAnded incentives to projects creating a significant economic impact; providing for inclusion in the code; providiNg for severability; providing for filing with department of state; and providing for an effective date.
The Chairman opened the public hearing.
On a motion by Commr. Hill, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2010-47 amending Section 7 of the Lake County Code entitled Economic Development & Business Incentives.
vacation petition no. 1157 – john arnold – arnold groves
Mr. Stivender gave a history of road vacations in Lake County, and he explained that they were done to get rid of excess right of way that serves no public purpose by reverting it back to the original property owners with no cost associated with it. He related that the Petitioner, John Arnold, requested to vacate a portion of right of way near the Polk County line in Commission District 2, west of US Hwy 27 and north of CR 474, and he pointed out the location on a map on the overhead monitor. He noted that the Arnolds originally wanted to vacate everything from one end to the other to secure their property from north to south, and there was an opposition letter from Mr. Ondis, a neighboring property owner who does not have contiguous access to the right of way, but it was the closest public right of way to his land. He related that there was a lot of staff discussion about how they could solve the ingress and egress problem and still move forward with some type of vacation. One of the options was to propose a private easement from the end of the public easement to their property, but that did not work out. He stated that staff recommended denial at this point until the parties could work something out.
Mr. James (Rob) Arnold explained that this issue came about when Mr. Ondis purchased the property from a tax deed with plans to develop the land, and he opined that Mr. Ondis’ property was swampland, clearly undevelopable, and waist-deep in water half of the year. He claimed that Mr. Ondis sent a timber crew to remove a barrier and cut trees on the Arnold’s land. He noted that he has offered to buy the property from Mr. Ondis for a reasonable amount of money, but he felt that the asking price of the property is much more than it was worth. He commented that since the Green Swamp is an area of critical concern, he was very concerned about what Mr. Ondis is planning to do with the land, since he mistakenly believed that he was buying high and dry land. He stated that he would be willing to work something out if he was forced to do that. Also, since both the roads that come in from the south and north are currently used for dumping yard trash, household garbage, appliances, and tires, he was concerned that if they open that right of way up, there will be even more unlawful dumping as well as poaching, vandalism, and theft; and he did not want a lot of traffic coming in and out of there.
Commr. Parks commented that staff has spent a lot of time trying to work this issue out, and he asked the applicant if he was willing to continue one more time to resolve this for the next two months. He stated that he did not think the Board could move forward with his request until they could get this issue taken care of, since Mr. Ondis needed access to his property somehow.
Mr. Arnold stated that he could continue to try to work something out.
Commr. Cadwell commented that historically the Board wanted to vacate as many as they could, but they have also been very cautious to make sure they did not landlock someone, although it was apparent from the map that Mr. Ondis did not originally have access.
Mr. Paul Ondis remarked that Mr. Arnold did not have knowledge of what he planned to do with his land. He pointed out that he would be landlocked if the Board blocked this property off, and it would result in a decrease in the value of his property. He noted that the road shown on the County map has been altered. He also stated that by state law he was entitled to have access to his land, and he has asked the Arnolds for access to the property for the last five years.
Ms. Campione asked what his ideas were for the property.
Mr. Ondis responded that he had a document from the County stating that he could put a building on the property that met a certain benchmark, and he was thinking of that as one option. He stated that one of his problems is that the Arnolds put human waste near his property. He did not have a clear-cut idea of what he would do, but he has also thought about doing some type of farming on the land; however, he was waiting to resolve these issues so that he could move forward with some plans. He believed that if Mr. Arnold wants to vacate the property, he should pay to have the points of the middle of the road put in according to the deed. He showed the Board the County map that he received illustrating the road coming in and going to the bottom quarter of his property.
Commr. Parks asked if a survey had been done to show that.
Mr. Ondis answered that he did not have a proper physical survey, but he pointed out that the County map at the time he purchased the property showed that he had no access problems and that the deed to his property contains the words “less the right of way.”
Ms. Campione asked if he intended to log the property if he did gain access.
Mr. Ondis responded that he planned on doing some clearing, but was not sure how much logging he was going to do, and he added that he has taken down only three trees so far.
Commr. Cadwell asked Mr. Stivender to give the Board some insight regarding the discrepancy of the maps.
Mr. Stivender stated that the map Mr. Ondis had shown was a real estate map to identify property ownership, and his department did not use it for road purposes.
Mr. Arnold opined that there was absolutely no agricultural value in the Ondis property, and that it was simply Cyprus swampland. He also noted that there were two 50-foot legs of a triangle of high ground, which is just a fraction of an acre. He noted that there have been surveys done showing that the public right of way does not touch that property and was quite a ways away from it.
The Chairman closed the public hearing.
Commr. Parks stated that he hoped the applicant would request a continuance and that he would have to go with staff’s recommendation right now. He recommended that the parties get a survey done and work with an attorney.
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board moved to postpone Vacation Petition No. 1157 for 60 days until January 25, 2011 at 9:00 a.m.
vacation petition 1159 – terrace grove partial replat
Mr. Stivender stated that Vacation Petition 1159 was to vacate three lots and easements and accept a final plat for Terrace Grove Partial Replat in District 2 at the south end of the county. He explained that they reconfigured the three lots, vacating the underlying plat, and are requesting that the Board approve a plat on the same day; therefore, the lot lines would be adjusted and everything cleaned up regarding the title.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Tab 10, Vacation Petition No. 1159 and Resolution No. 2010-147, as well as the request for authorization to accept the final plat for Terrace Grove Partial Replat and all areas dedicated to the public as shown on the Terrace Grove Partial Replat final plat. Terrace Grove Partial Replat consists of 3 lots.
public hearings: rezonings
Mr. Brian Sheahan, Director of Planning and Community Design, Department of Growth Management, noted that this hearing was properly noticed and that there were no changes to the agenda.
rezoning consent agenda
The Chairman opened the public hearing for the Consent Agenda.
There being no one who wished to address the Board, 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 Rezoning Consent Agenda as follows:
Tab 4 – Ordinance No. 2010-51
Rezoning Case CUP #90/3/4-3 (CUP Revocation)
Black Bear Land Co.
CUP in Agriculture (A) for a sand mine facility which is no longer in operation.
rezoning regular agenda
rezoning case cup#10/11/1-4 – buchanan estates – eric erickson
Mr. Sheahan explained that Rezoning Case No. CUP#10/11/1-4, entitled Buchanan Estates, was a request for a conditional use permit in an Agriculture Zoning District to allow a riding stable/academy facility, which is a conditional use allowed in the Agriculture Zoning category and rural land use. He related that the subject property was approximately 10 acres in size, located in the Sorrento area adjacent to the SR 46 and Wekiva Pines Blvd. intersection, which was within the Wekiva River Protection Area. He noted that the request was consistent with all Land Development Regulations and the Comprehensive Plan. He related that he had a briefing with the applicant just prior to this hearing, who has come to terms on their issues and has a couple of private agreements in the works that would alleviate any of the concerns regarding access and hours of operation, and the applicant is satisfied with the conditions of the ordinance that was before the Board. He reported that the only change requested is to remove stipulation A(2)(a) beginning with the statement “existing stable/barn to house not more than three horses,” since that stipulation has caused confusion for the applicant and staff, so staff proposes to delete it, and he assured the Board that it did not change the meaning of the ordinance.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Campione commented that she was glad to see that all of the issues were resolved and that the parties have reached an agreement that was satisfactory.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Tab 3 as follows:
Tab 3 – Ordinance No. 2010-52
Rezoning Case No. CUP#10/11/1-4
Buchanan Estates/Eric Erickson/Christopher Shipley
Conditional Use Permit in the Agriculture (A) Zoning District to allow a Riding Stable/Academy Facility.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
proportionate fair share agreement for landstone dri
Mr. Fred Schneider, Engineering Director, Public Works, stated that this item is to approve a proportionate share agreement with Landstone-Wright LLC, TML of Marion LLC, the City of Wildwood, Sumter County, and FDOT for mitigation of the Landstone DRI transportation impacts by the widening of CR 470. He illustrated on the map on the overhead screen the Lake-Sumter County line and the location of the two phases of the Landstone DRI, and he noted that they have a number of impacts over on the Sumter County side and a little on the Lake County side. He reported that they finished their PD&E Study approved by the Board and completed their design and permitting, and Sumter County’s PD&E was underway. He related that he was expecting Landstone Communities to take a number of years to get to the final Phase I because of the economy, but they were going to pipeline all of the improvements they would have been required to do along those roadways into this one segment, which would be a four-lane improvement from CR 501 to the Turnpike southbound ramp. He explained that the proportionate share for Landstone pays for about 29 percent of the cost, not for the entire project in Lake County, so they will need additional funding, and more than likely they were expecting other developments in the area that come in as the economy improves to help fund that as well. He also reported that Mr. T. J. Fish, Executive Director of the Lake-Sumter MPO, is working on some state TRIP funding to help improve the bridge to make it a four-lane bridge, and there were other sources of funding that they were hoping or expecting to come in. He pointed out that the BCC was not currently obligated to fund any part of the project, and it would more than likely be development-driven. He explained that the agreement sets the stage for how the agencies expect other developments that come on line to help make improvements to this section of roadway.
Commr. Cadwell inquired whether the developer has a projected timeline and was seriously moving forward with the project.
Mr. Chuck Piper with Landstone Communities responded that they seriously wanted to move forward, but they were expecting to start construction in 2014 because of the economy.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Tab 11, the request for approval of the Proportionate Share Agreement with Landstone-Wright LLC, TML of Marion LLC, the City of Wildwood, Sumter County, Lake County and FDOT for mitigation of the Landstone DRI's transportation impacts by the widening of CR 470.
appointments to impact fee committee
Commr. Cadwell noted that appointees to the Impact Fee Committee should be a member of the Conservation Council or other organized environmental group according to the resolution.
Commr. Hill moved to appoint Ms. Peggy Cox, since she felt that they do not have a lot of representation in the south end of the county on that committee, and she thought Ms. Cox would be a good individual for that appointment, with Commr. Parks seconding the motion for discussion.
Commr. Parks commented that he wanted to personally meet anyone that he appointed to these committees, and he request that they hold off on this appointment.
Commr. Campione stated that she had some reservations herself about making this appointment at this time, because she had the same goal of meeting and talking to proposed appointees. She commented that the Board might want to broaden their scope or search for this particular slot on the Impact Fee Committee, since she did not know if they were getting the word out to other environmental agencies that this appointment was available, which would result in more participation and a larger number of applicants.
Commr. Cadwell stated that they needed to look at and broaden the language in the ordinance regarding requirements for a member of an organized group, keeping the conservation element in there.
Commr. Hill withdrew her motion.
Commr. Conner commented that he did not think there was a sense of urgency on this appointment, since they have a pretty full committee right now after recently making some appointments.
Commr. Hill added that the study has already been completed and voted on.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board moved to postpone this appointment and to direct staff to come back with some additional language broadening the ordinance regarding the scope of qualifications of the candidates.
REPORTS – COUNTY MANAGER
employee holiday breakfast
Mr. Minkoff stated that at the suggestion of the Employee Advisory Committee, they have decided to have a holiday breakfast for employees on December 16 at 7:00 to 9:00 a.m. at the Agricultural Center. He reported that they have authorized use of the Employee Benefit Fund generated from vending machine income as well as private money.
REPORTS – COMMISSIONER HILL – DISTRICT 1
new visioning meeting
Commr. Hill reported that she attended the New Visioning meeting, which was well attended, and she appreciated the County staff that were present. She noted that they were planning to have more of those meetings throughout the year.
plans for eoc project
Commr. Hill related that they were working through the floor plans for the EOC (Emergency Operations Center), which was coming along well, and she was sure that the Facilities Department next year would be ready and prepared to give the Board an update of all of their facilities. She added that they hopefully will see some vertical progress on the Judicial Center project soon.
leadership government day
Commr. Hill commented that their new Deputy County Manager did an excellent job facilitating Leadership Government Day this year.
reports – commissioner parks – district 2
florida association of counties’ orientation
Commr. Parks thanked staff for making his first week easier, and he stated that he thought the Florida Association of Counties’ (FAOC) seminar was very helpful to hear what some of the issues that other commissioners around the county were facing this year.
REPORTS – COMMISSIONER campione – DISTRICT 4
more comments regarding faoc seminar
Commr. Campione also commented that the FAOC was very helpful to hear other County Commissioners talk about the issues that they were facing, to get a primer on laws and changes to laws that were impacting the County, and to weigh in on potential legislative changes.
REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5
Commr. Cadwell thanked the Green Team for all of the work they did to put together a successful Green Fair, and he thought that they should continue having that annually.
letter of support for gateway community health network
Commr. Cadwell recapped that they added to the agenda a letter of support for the Gateway Community Health Network. He noted that the Federally Qualified Health Center program was an ongoing program to help expand services needed by the community. He explained that the Gateway Community Health Network was a nonprofit formed by a group of citizens in the north end of the county who were users and suppliers of the system at different levels and that it was eligible to apply for the federal money in a competitive bid type process. He pointed out that the County was not committing any funding, just a statement of commitment relating that the Board believes it would be good for one of their health departments.
Mr. Minkoff added that this came to the Board as a request from Ms. Donna Gregory, Health Department Director.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved sending the letter of support for the Gateway Community Health Network as a Federally Qualified Health Center.
recess and reassembly
The Chairman announced at 10:00 a.m. that there would be a ten-minute recess.
addendum no. 1
economic development discussion
Commr. Campione commented that she believed the role of government was not to create jobs per se, but also not to create any unnecessary obstacles or costs that would impede the private sector and economic activity. However, she noted that they live in such a competitive time where counties and local governments are aggressively marketing themselves and targeting businesses, and she wanted them to look at taking what they have been doing to the next level. She related that some of the key issues to look at are work force, educational opportunities, infrastructure, proximity to transportation hubs and particular markets, and opportunities utilizing existing activities. She stated that the question then becomes identifying what they have to market, what areas they can improve upon, and how they actually go about doing it, such as through online communication, trade shows, or direct contact. She opined that the County already has a lot of tools in place, including a very functional website, social media and networking experience, and news letters; but she thought they needed to start looking at how they would take that to the next level to create an attitude in their entire community to market Lake County and get businesses to come there. She commented that there were some deficiencies as far as the implementation of their strategic plan that was developed a couple of years ago and that it was not as comprehensive as they needed it to be. She stated that she believed they should take incremental steps toward goals that she brought forth, the first one being to have the County Manager work with their department heads to examine how the services they provide and what the County does impact business activity and ways that they could provide those services in a way that would promote an attitude of being a good place and friendly place to do business and how they could cut the cost to the consumer and the businesses. She suggested that they have a first report in the next month or so and then get monthly updates on what the different departments were doing as far as finding things internally that they could do to help assist businesses and promote an attitude that Lake County is a place that people want to come and do business in.
Commr. Cadwell commented that they could pass an ordinance to make people aware of that, and he also recommended that they reach out to the Health Department to help them do that as well.
Commr. Campione commented that they all know how key educational opportunities are to economic development from a marketing standpoint as well as a workforce standpoint, and she suggested that they reach out to the School Board in a committee with one appointee from each organization and some staff or at a joint session forum to look at ways to market the schools or ideas to improve the workforce, as well as look at things that similar peer counties have done, and give them a report.
Commr. Cadwell suggested that they break that up into two groups, one regarding K through 12 and one at the college level.
Commr. Hill stated that they were currently re-evaluating the role of the Business Resource Center at Lake-Sumter Community College, and she thought they could involve that organization and make it more in depth than it had been in the past. She related that the reorganizational meeting for that group was December 2 to define its focus, and she believed they could use some of Commr. Campione’s ideas about marketing.
Commr. Cadwell commented that that would be a second part of this plan, since he believed that the first step with the school system was the cornerstone of what they do first.
Commr. Parks asked what the Board’s budget support was for the Business Resource Center in the past.
Mr. Minkoff responded that it was about $40,000 to $50,000.
Commr. Parks commented that they might need more support.
Commr. Hill stated that may be true depending on the outcome, and they were trying to somewhat emulate and incorporate the good parts of the business resource center that Seminole County has with UCF into their next level for that center.
Commr. Conner stated that he agreed with Commr. Campione’s ideas, and he has seen research indicating that education and a good-quality school system is one of the most important factors in drawing people and businesses to the area. He commented that he had been frustrated while on the School Board because of the obscurity of the fact that Lake County was an A School District. He stated that they needed to figure out what the most impressive message is and then agree to market that, and he opined that the percentage of the County’s high-quality schools is a very impressive one, providing them with a great opportunity to get on the same page with a message about an existing excellent school system.
Commr. Cadwell stated that they could also market the programs that those schools offer.
Commr. Campione explained that the other side of it is figuring out what they do not have and what they need to work on regarding work force skills. The last suggestion that she presented was that they set up a session with County Commissioners, their staff, and a facilitator to brainstorm ideas for economic development, post something on their website, and get it out through the media to ask for people in the community to give them input and ideas by sending e-mails, posting blogs, or sending them letters. She stated that they then might want to have another session to have people present ideas and suggestions or set up team leaders for large groups of people that present ideas regarding the same topic.
Commr. Parks opined that that was a great idea, and he agreed that the role of government was to create an environment that was good for job growth and to be a leader with the cities as well. He added that he would like to clarify their goal at those workshops, such as creating a certain number of jobs through incentives or programs, direct resources toward economic gardening, or recruit large companies to come to the County.
Commr. Cadwell added growing their existing industries as a possible goal.
Commr. Campione suggested using a volunteer facilitator for visioning sessions and breaking out into smaller groups to discuss topics. She offered to work directly with Mr. Minkoff; Ms. Dottie Keedy, Economic Development and Community Service Director; and Mr. Steve Earls, Information Technology Director, on this and come back to the Board.
Commr. Cadwell commented that he would like something comprehensive in writing during their initial workshop, and they would invite people that they really wanted to hear from.
Commr. Conner volunteered to reach out to the School Board about this.
Mr. Minkoff added that he had a meeting with Superintendent Susan Moxley that afternoon, and he could let her know about this discussion.
Commr. Parks related that he had some other ideas he could bring up at the workshop, such as using their IT Department for streamline permitting on line, and he opined that he was happy with the direction they were going.
Commr. Conner opined that they have not had a very good reputation of being business friendly, and although they have taken many steps to try to improve in that area, they now have an opportunity to do much better. He also opined that the sooner that they could extend the waiving of transportation impact fees, the better it would be.
Commr. Cadwell asked Mr. Minkoff to make sure to make a list of the areas where the County was doing a good job, such as online permitting, so that they could market that as well during the process when he meets with the department heads to discuss the areas where they impact business. He also mentioned that he had been talking with Mr. Minkoff regarding the agenda for the December 13 workshop, but it has not been finalized yet, since it could change after the reorganizational meeting on December 7.
Commr. Campione suggested that they could look at impact fees during the workshop and alternatives as to how they would take care of the County’s needs if they decided to extend the waiver of impact fees.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:52 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK