A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
March 15, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, March 15, 2011 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: Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Courtney Vincent, Deputy Clerk.
INVOCATION and pledge
Reverend Karen Burris from the Morrison United Methodist Church gave the Invocation and led the Pledge of Allegiance.
Commr. Hill requested to have a discussion on school impact fees added to the agenda, clarifying she was not looking for a vote.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved adding a discussion on school impact fees to the agenda under Commr. Hill’s Business.
Mr. Sandy Minkoff, County Attorney, asked to add under his Business a request for a Closed Session on April 5, 2011, anticipating the Closed Session would last about an hour and suggesting it be scheduled for 11:00 a.m.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the addition of a request for Closed Session to the agenda under the County Attorney’s Business.
Commr. Hill noted that for the December 7, 2010 Minutes on page 2, line 7, it should say “Chair” and not “Vice Chair.” She also stated that for the February 8, 2011 Minutes on page 6, line 31, “…the agency is requested to reimburse,” needed to be edited because it was not a request to be reimbursed, the agency was going to be reimbursed.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the Minutes of December 7, 2010 (Regular Meeting) as presented and February 8, 2011 (Regular Meeting) as presented.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, a resident of Paisley, addressed the Board in regards to Lake-Sumter EMS and the importance of EMS services for the County. He presented the Board with letters and petitions he had collected from concerned citizens. He described the numerous helpful services Lake-Sumter EMS provided for the County such as the Wellness Program, discussed the specific supplies the ambulances had as well as procedures the paramedics performed which were beneficial, and also mentioned they saved the life of his wife twice. He read a letter from Ms. Beverly Conner in support of Lake-Sumter EMS and the services they provided the citizens of the County, stating it would be a travesty to get rid of those services as well as the paramedics who helped so many people. She requested the County continue EMS services.
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, addressed the Board stating he had no confidence in the major oversight feature of the Lake County government and discussed what he called the five pillars of good government oversight. He described the first pillar, good management, as the existence of formal management controls to prevent such things as incurring $1 million in overtime expenses without anyone knowing about it. He stated the County did not have good controllership, which was the second pillar, but conceded the County did have financial audits and did practice financial controls to ensure proper spending, but the question remained whether the expenditures were appropriate or effective. He discussed public oversight, the third pillar, stating there were only three people including himself who spent time reviewing and challenging the spending programs of the County. He stated oversight of the press was the fourth pillar, opining it was nonexistent and remarking that The Daily Commercial did not do any kind of investigative reporting related to fiscal management and neither did the Lake Sentinel except through Ms. Lauren Ritchie, who was the Lake County Columnist for the Orlando Sentinel. He designated the fifth pillar as internal audit, specifically internal audits for performance and management as opposed to financial audits performed by a CPA. He explained it had to do with construction contracts, operational efficiency effectiveness and economy, mentioning there had not been any new published audits on the Clerk’s website in three years. He recommended the Board establish an independent audit committee and hire an outside operational audit firm to review systems starting with the construction of the Judicial Center expansion because there could be holes in the contracts. He reported a written version of his statement was available on his blog and he submitted a copy for the record.
Commr. Parks mentioned the Board had discussed the idea of having an audit committee and had looked favorably upon doing it.
Commr. Campione suggested scheduling a discussion on Mr. Jochim’s issue for the next meeting and having it added to the agenda.
Commr. Conner agreed.
Presentation of 4-h speech on youth development programs
Commr. Conner requested Tab 19, the presentation of a 4-H speech on the importance of youth development programs, be moved to the front of the agenda.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved moving Tab 19 forward.
Ms. Wendy Breeden, Public Resources Director, informed the Board the Farm Bureau Federation had a Legislative Breakfast on January 17, 2011, and at that breakfast Ms. Karah Bradley, a member of 4-H, made a speech. She noted Commr. Conner had asked for Ms. Bradley to present the speech to the Board. She introduced Ms. Jennifer Hodges, 4-H extension agent, so she could introduce Ms. Bradley.
Ms. Hodges introduced Ms. Bradley, noting she was 16 years old, homeschooled, a member of the Lake County Explorers 4-H Club, an active member in 4-H for 12 years, and currently held the office of Vice President of their Team Leadership Council. She added that Ms. Bradley was an integral part of the 4-H judging team in Lake County.
Ms. Bradley read the speech she gave at the Farm Bureau Federation Legislative Breakfast which focused on the importance of youth development programs and the positive impact they had on her own life. In her speech she discussed how 4-H had given her determination and confidence, taught her to strive for the best as well as how to get back up and try again, and given her many occasions to learn valuable life lessons, leadership, and responsibility. She also commended the work of the volunteers in 4-H and thanked them and also thanked the Board for permitting the acquisition of a new 4-H extension agent.
Commr. Hill thanked Ms. Bradley for reading her speech.
Commr. Conner thanked the Board for allowing the speech to be presented, saying that Ms. Bradley’s speech had been an inspiration at the breakfast.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 2, as follows:
Ordinances from the Town of Lady Lake
Request to acknowledge receipt of ordinances from the Town of Lady Lake as follows:
Ordinance 2010-16 amending the Town's Comprehensive Plan
Ordinance 2010-20 annexing property into the Town
Ordinance 2010-21 amending Ordinance 81-8-(83) which established its Comprehensive Plan
Ordinance 2010-22 redesignating zoning classification for certain property being .22 acres
Ordinance 2010-23 amending Chapter 2, Article VI by adding Division 3
Ordinance 2011-04 amending the Comprehensive Plan
Basic Financial Statements for Village Center Community Development District
Request to acknowledge receipt of the Village Center Community Development District Basic Financial Statements for September 30, 2010, along with independent auditor’s report.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Campione requested Tabs 8 and 9 be pulled for discussion.
Commr. Conner requested to pull Tab 13 for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 14, pulling Tabs 8, 9, and 13 for discussion, as follows:
Request for approval to reorganize and combine the Economic Growth and Redevelopment Division with the Tourism and Business Relations Division creating one new division titled Economic Development and Tourism. Additionally, approval to create and fill a new Economic Development and Tourism Division Director position.
Request for approval to reorganize the Public Works, Solid Waste Division, and approval to establish and fill three new positions and eliminate seven positions (4 full-time and 3 part-time) within the division, effective July 5, 2011. The net savings of these changes will be approximately $93,468.
Request for approval of a High Value Job Creation (HVJC) Program Award in the amount of $20,000.00 to Ernesto Zavaleta, M.D.P.A. for the creation of five (5) qualifying positions and approval and signature on the HVJC Program Agreement with Ernesto Zavaleta, M.D.P.A. and the Lake County Board of County Commissioners.
Request for approval to award an Artist Relocation Program Award in the amount of $2,500.00 to Out of the Norm, LLC to encourage arts and culture in downtown districts and approval and signature on the Artist Relocation Program Agreement between Lake County, Florida and Out of the Norm, LLC.
Request for approval and signature of Termination of Memorandum of Understanding between the City of Leesburg and Lake County for use of SHIP funding for Kristen Street Apartments and signature of Unanticipated Revenue Resolution No. 2011-29 accepting repayment of loaned funds. Fiscal impact - $429,000 (Fully Grant Funded).
Request to approve the Agreement with Easter Seals and authorize the Chairman to sign the agreement and to direct the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services. The fiscal impact is $30,550, 100% CDBG Grant funded.
Fiscal and Administrative Services
Request to approve participation in a Countywide consolidated award for Public Safety Uniforms to Design Lab, Inc., and authorize the Procurement Office to execute related implementation documents. The estimated annual fiscal impact is $105,000 in the form of allowances provided to individual firefighters.
Request for approval to accept sponsorships for the Green Team's 3rd Annual Green Symposium to be held on Friday, June 10, 2011 the Agricultural Center, Woodlea Road, Tavares, FL.
Request for approval and signature of Resolution No. 2011-30 to Advertise Public Hearing for Vacation Petition No. 1164 to vacate portion of an unnamed platted right of way in the Clermont area. No fiscal impact, Commission District 2.
Direct pay to Orlando health, inc for inpatient medical stay
Commr. Campione stated she requested Tab 8 be pulled to discuss the request to pay an invoice from Orlando Health, Inc. for an inpatient medical stay qualified under the Health Care Responsibility Act (HCRA) guidelines. She expressed she wanted to find out how much had been paid out historically for qualified HCRA expenses, what the Board could expect on an annual basis, and whether Florida Statutes permitted the use of the hospital district funds for payment. She suggested the Board consult with the hospital district because it was a huge impact to the taxpayers to pay it from the general fund.
Commr. Conner asked if the hospital tax could be used for an out of county expenditure.
Mr. Minkoff responded he believed there was a Statute that authorized the Board to ask the hospital district to pay for HCRA costs, but he would need to double check.
Commr. Campione suggested the Board discuss how a certain amount could be set aside to cover HCRA expenses.
Commr. Parks agreed with Commr. Campione. He suggested adding to a future agenda a discussion on the history of the County covering HCRA costs and the amounts paid in the past, and possibly answering some legal questions regarding setting a portion of the hospital district tax aside to pay for those costs.
Mr. Minkoff explained the HCRA had been created to help the major trauma centers because they provided a disproportionate amount of indigent care for patients who were residents outside the county of the hospital. He noted it might be possible to assign the costs to each of the two Lake County hospital districts depending on the residency of the indigent.
Mr. Darren Gray, County Manager, suggested it could be placed on a future agenda so he could collect the requested information and work with the County Attorney’s Office on the hospital tax question.
Commr. Hill asked if, for now, they should approve the requested payment of funds.
Mr. Gray requested the Board approve it.
Commr. Campione asked how much time there was before payment was due on the bill.
Mr. Minkoff answered it could wait but the bill would need to be paid regardless. He noted there were other bills the Board did not see because the amounts were not enough to require Board approval for payment.
Commr. Campione clarified she was requesting a break down of the payments made as well as the larger picture of Medicaid payments made by the County.
Commr. Conner stated the Board was required to pay the bill in question but noted the bill would be a legitimate expenditure for the hospital tax.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Tab 8, the request from Community Services for approval to give the County Manager authority to sign the Direct Pay to Orlando Health, Inc. for an inpatient medical stay qualified under the HCRA guidelines with the caveat of researching if hospital district tax funds could be used in the future as an additional funding source.
2011 neighborhood stabilization plan
Commr. Campione suggested the Board receive ongoing updates of projects being addressed through the Neighborhood Stabilization Plan. She mentioned the grant description discussed how a minimum of 25 percent of the funds were to be used towards households at or below 50 percent of the area median income and suggested the Board see a breakdown of how many projects the County was working on that met the minimum requirement. She also suggested seeing a breakdown of how many projects addressed homes in need of rehabilitation in neighborhoods above the minimum income level.
Mr. Gray stated there was a plan for the grant and he could schedule time on a future agenda to review the entire program.
Commr. Hill mentioned a breakdown was provided as far as units but it did not identify where they were located.
Commr. Campione opined there should be a cross section of neighborhoods the County was addressing because it was primarily about preserving the tax base.
Commr. Hill asked how many of the eligible properties the project would realistically be able to fund.
Ms. Cheryl Howell, Economic Development and Community Services Housing Division, replied that the actual locations were neighborhoods predetermined by HUD, noting HUD used a number of determining factors in the selection of qualifying neighborhoods. She clarified that the neighborhoods selected were mixed and explained the majority of the low income housing covered under the 25 percent minimum applied primarily to rental properties because many very low income people could not afford to purchase homes. She then added the bulk of the remaining funds would be used towards neighborhoods all over that were becoming diminished because of vacant properties. She mentioned the average price of the homes they were purchasing were around $80,000.
Commr. Campione noted a map and photos as well as the value of the homes would be helpful to see where the neighborhoods were falling throughout the County.
Ms. Howell said she could show a map and reported a portion of the areas were in Eustis and Leesburg. She mentioned the homes were nicer homes whose vacancies were really impacting the neighborhood, explaining the program needed to be marketable because the homes needed to be sold to be successful, which was why the program was not going into the toughest neighborhoods out there.
Mr. Gray said he would bring a map with him the next time the plan was on the agenda.
Ms. Howell clarified there were currently no homes chosen and they did not have their partner agencies chosen yet, explaining that it needed to go out for bidding.
Commr. Campione asked if they had the areas identified.
Ms. Howell replied they did have the areas identified so she could provide a map showing them.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Tab 9, the request from Community Services to approve the 2011 Neighborhood Stabilization Plan for acquisition and rehabilitation of foreclosed properties within Lake County’s hardest hit areas for homeownership and affordable rentals.
Interlocal agreement regarding funds to construct sports complex
Commr. Conner stated he completely supported the interlocal agreement between Lake County and the City of Tavares relating to the contribution of funds for construction of the Woodlea Sports Complex. He mentioned the cover page of the agenda item stated that some of the $250,000 that had been budgeted for the project would be used towards grading and turning the land to green space. He stated it was his understanding that the entirety of the $250,000 would be used for that purpose and he wanted to make sure the funds had been properly allocated.
Commr. Cadwell stated it was the recommendation of the Parks and Trails Advisory Board that the entirety of the funds be used to create the fields.
Ms. Wendy Breeden, Public Resources Director, remarked it was the department’s understanding as well and she was not sure why the cover page of the agenda item had been worded as it had.
Mr. Minkoff explained the contract only allowed payment for construction costs on a 50/50 matching basis.
Ms. Tamera Rogers, Director of Community Services & Parks and Recreation for the City of Tavares, mentioned that by the end of March, 52 gopher tortoises would be relocated from the site to a recipient site and two weeks after that the land would be grubbed out in preparation for grading.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Tab 13, the request from Public Resources for approval and signature of the interlocal agreement between Lake County and the City of Tavares, Florida relating to contribution of funds for construction of Woodlea Sports Complex and approval of budget transfer from improvements other than buildings to aids to governmental agencies.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 15 through 18 as follows:
Request for approval and authorize the Chair to execute the Memorandum of Understanding between Lake County and Lifestream Behavioral Center, Inc. for Implementation Grant Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. No fiscal impact.
Request to approve amending Resolution No. 2009-133, changing the deadline from March 1, 2011 to on or before June 1, 2011 to present to the BCC the final report of the Lake County Solid Waste Alternatives Task Force. No fiscal impact. Resolution No. 2011-31.
Request for approval of Mediated Settlement between Lake County and Lady Lake, Inc. (Parcel No. 117 & 517) - The total fiscal impact is $202,198.60 (i.e., $136,400.00 previously paid with an additional $65,798.60 to settle).
Request for approval of Sumter Electric Cooperative’s Perpetual Right of Way Utility Easement for the Astatula Landfill property also known as Alt Key 1111935; and authorize the Chairman to execute Easement document. There is no fiscal impact.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
Conservation and Compliance
regional water strategy implementation assessment
Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board requesting the approval of the Regional Water Strategy Implementation Assessment for Lake County. He mentioned the document provided encapsulated the final report recommendations from the Congress of Regional Leaders and the Urban Land Institute. He reported the comment on Recommendation I.10 was the St. John’s River Water Management District’s interpretation of the recommendation and it stated a domestic self-supply well or irrigation well may be placed anywhere regardless of the current status of any utility districts. He noted the biggest impact would be the requirement for residences to connect to the water utility but not requiring them to consume water from the utility source which would allow the utilities to charge a base fee but water consumption of those properties would not be monitored in the future. He explained it would reduce the revenue and consumption rate of the water utility which would possibly result in their going bankrupt or withdrawing from the area. He specified if that happened the DEP would assign the utility to another entity and if the utility was not near a municipality the entity selected would be the County. He also discussed the impact regarding waste water, explaining the cities based their sewage yardage on consumption so a city not having consumption out of a residence would still be required to provide waste water services to that residence with no means of monitoring or regulating that consumption, causing a billing problem for the municipality. He reported the cities were very concerned.
Commr. Hill asked if Mr. Welstead had gone to the League of Cities for their opinion on the Regional Water Strategy Implementation Assessment.
Mr. Gray remarked that it was on the agenda for the League of Cities meeting being held the following week.
Commr. Campione asked the County Attorney if it was still required by Florida Statute for a residence to be connected to central water system if one was available.
Mr. Minkoff responded that was correct, clarifying that the St. Johns Water Management District was not saying people would not be required to connect, they were saying they could not be prohibited from putting a well in.
Commr. Campione asked if the wells were for irrigation.
Mr. Minkoff answered that theoretically it was for irrigation but once the well was installed it could be hooked up to a house system.
Mr. Welstead explained the statement did not strictly limit uses to irrigation.
Commr. Campione remarked it was her impression the wells were only for irrigation purposes and it was cheaper to use well water for irrigation. She suggested the Board find out how Florida Statutes impact the position of the Water Management District on the issue in question. She stated she did not like removing the right to have irrigation wells.
Commr. Parks mentioned most irrigation wells were shallow and there was a difference in the quality of water, but if the resident was using a shallow well for irrigation he agreed that it should be a person’s right to be able to have an irrigation well.
Mr. Minkoff suggested having one of the commissioners meet with the Chair of the St. Johns Board to discuss the issue at a governing board level.
Commr. Conner stated he thought that was a good idea. He remarked the Board needed to decide what their process would be to come to a determination.
Commr. Campione read the comment regarding to Recommendation I.10 out loud and remarked she did not think people who wanted irrigation wells were doing it to side-step conservation rate structures.
Commr. Cadwell explained the recommendation was to revisit and update the law, noting there needed to be some type of balance included in the law to ensure people were not doing what the comment to Recommendation I.10 stated.
Commr. Campione opined the purpose was to gain control over how much water people were using and she did not support that.
Commr. Hill mentioned that in the past the business owners had expressed the most concern, adding that she thought the law had been narrowed down to exclude business from some of the rate and usage structures.
Mr. Welstead remarked he did not believe the law had been narrowed and noted the one change St. Johns had made into a rule was that irrigation wells were prohibited where reclaimed water was available.
Commr. Campione agreed with the stipulation regarding reclaimed water. She mentioned people with irrigation wells were still required to follow water conservation regulations and it was their responsibility to adhere to those rules. She expressed her concern that the recommendation in question was an attempt to charge a base rate to all residents regardless of whether they were using the existing utility services and she did not agree with that.
Commr. Hill asked how the paragraph containing the recommendation could be changed.
Commr. Cadwell stated the paragraph could be removed and not become a part of the regional strategy.
Commr. Cadwell asked Mr. Welstead when the Congress of Regional Leaders would meet again.
Mr. Welstead responded he believed it was April 4, 2011. He explained the recommendations were those of a separate committee and the Board was being requested to comment on the recommendations.
Commr. Parks asked if the Regional Water Strategy recommendations required the approval of the Boart that day.
Commr. Cadwell explained that the committee had commented there was no regional solution to Recommendation I.10 so it would not be a part of the strategy. He remarked there was a problem with that issue but it could not be solved regionally. He clarified that the committee reviewed the recommendations for things that could be done regionally and that made sense for water conservation and usage. He made a motion to postpone approval.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved postponing the request from Conservation and Compliance to approve the Regional Water Strategy Implementation Assessment for Lake County until the Zoning Meeting on March 22, 2011.
second amendment to clermont joint planning agreement
Ms. Amye King, Growth Management Director, addressed the Board regarding the request for approval of the Second Amendment to the Clermont Joint Planning Agreement (JPA). She mentioned the City of Clermont was requesting an extension of the JPA by Sections 25, 26, 27, Township 23 South, Range 26 East, explaining the purpose of the request was to allow the City to annex the Conserve II property. She added the City was also requesting to include the Blackwest property which was annexed in July of 2006. She commented it was the contention of the City to amend the JPA map as soon as possible to remain in compliance with the provisions set forth in the JPA. She stated staff recommended approval and mentioned Mr. Wayne Saunders, Clermont City Manager, was present at the meeting to answer any questions.
Commr. Cadwell asked if the changes were contiguous to the existing agreement.
Ms. King responded they were.
Commr. Campione asked Mr. Saunders if the Board was being asked to expand the JPA to include the Conserve II property and how far along the City was with working out an annexation with Orange County.
Mr. Saunders replied the City was requesting the JPA boundary be moved to the south to ensure compliance with the JPA. He mentioned the City Council had already applied for annexation and introduced the annexation ordinance, noting Orange County and the City of Orlando were partners on the Conserve II property and had already approved a pre-annexation agreement.
Commr. Campione asked if the annexation agreement designated a particular land use.
Mr. Saunders responded that a zoning application had been submitted to continue to allow the area to be used for Rapid Infiltration Basin (RIB) construction.
Commr. Campione asked how much land would be used for RIB construction and if the annexation agreement allocated a certain percentage of land for RIBs versus job creation or if certain areas would be designated for employment center purposes.
Mr. Saunders replied there were about 2,800 acres total to be used towards RIB construction and job creation and the annexation agreement only pertained to allowing use of the property for RIBs. He noted the City discussed it with the partners and they were willing to identify a parcel or acreage area that in the future would be available for economic development projects. He added it was in the pre-annexation agreement that they would work with the City and the County to designate the road right of way and also to identify property for economic development.
Commr. Parks asked what date the agreement was up for approval.
Mr. Saunders answered it was on the agenda adoption on Tuesday, March 22, 2011 but the City Council would request it be postponed for the purpose of including additional language to the pre-annexation agreement that was a result of the meeting the previous week. He remarked the City would be glad to provide the Board with a copy of the annexation agreement as soon as the revised language was inserted, predicting it would be within the next week. He explained the City was proposing to postpone the annexation until their second meeting in May so there was still time before the final annexation.
Mr. Minkoff explained that because the current agreement stipulated the City could not annex anything outside the boundaries of the JPA, if the Board approved the proposed amendment then annexation agreement for Conserve II would not come before them and the only recourse would be for the Board to go to counsel and oppose the annexation ordinance. He noted the Board could decide to postpone amending the JPA until the annexation agreement was brought before them.
Commr. Parks made a motion to delay the approval of the second amendment to the JPA until the Board could review the annexation agreement.
Commr. Campione seconded the motion.
Mr. Saunders explained the property was in the early planning stages and it was unlikely a plan could be assembled before the end of the next two months. He stressed the agreement was crucial to the City of Clermont because it included a provision for reclaimed water. He explained the City had received every indication from the St. Johns Water Management District that if they could enter into the reuse agreement with Conserve II then the City of Clermont would not have to enter into one of the alternative water supply plans required by consumptive use permits. He remarked the amount of reuse water proposed from Conserve II could also supply other cities in South Lake County. He added that whether the property was annexed or not it should be in the JPA so the City could jointly plan the area. He asked to have the amendment approved that day.
Commr. Cadwell agreed that adding the amendment to the JPA made planning sense.
Commr. Campione stated she agreed with Commr. Cadwell and asked if the land use allocation in the pre-annexation agreement allowed residential development of any kind of the property.
Mr. Saunders answered that the zoning for the new area would allow some residential as a supporting use of the other uses, clarifying it was not addressed in the pre-annexation agreement.
Commr. Parks said he approved the amendment but his motion was to postpone it about two months to provide an opportunity for more specificity.
Commr. Hill asked if Conserve II would only be willing to negotiate a reuse agreement with the City if Conserve II were annexed.
Mr. Saunders replied that Conserve II would not enter into a reuse agreement with the City without the annexation.
Commr. Conner asked if the Board would be forfeiting their right to express an opinion on the annexation if the amendment was approved.
Commr. Hill answered no.
Commr. Cadwell encouraged the Board to vote the motion down and entertain another motion.
Commr. Parks stated he still supported the motion.
Mr. Saunders stressed the City’s council was not going to do anything to jeopardize the reuse agreement and if it meant having to get out of the JPA he was certain that would be what would happen because of how important the reuse agreement was to the City and the City could not afford to do anything that would jeopardize that agreement. He stated without the annexation the City of Clermont would be completely cut off from any other annexations, the boundaries of the City would be set forever.
Commr. Hill remarked the financial hardship to the City was her concern.
The Chairman called for a vote on the motion by Commr. Parks to delay the approval of the amendment to the JPA.
At a vote of 1-4, the motion failed.
Commr. Hill, Commr. Cadwell, Commr. Campione, and Commr. Conner voted “no.”
Commr. Cadwell made a motion to approve the requested amendment to the JPA.
Commr. Campione seconded the motion. She then asked if Commr. Cadwell would consider amending the motion to include the requirement the annexation agreement be presented to the Board prior to the City of Clermont voting on it.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the request from Growth Management for approval of the Second Amendment to the Clermont Joint Planning Agreement with the provision the annexation agreement for the Conserve II property be brought before the Board prior to the City of Clermont voting on it.
construction of four-lane roadway on hook street
Mr. Jim Stivender, Public Works Director, addressed the Board regarding the request for approval of the agreement with the Florida Department of Transportation to receive funds for the missing link of Hooks Street.
Commr. Campione mentioned receiving a call regarding Turkey Farm Road and Old Hwy 50 and the school situation and asked if it had anything to do with the proposed request in terms of priority.
Mr. Stivender stated the request to construct the expansion on Hooks Street was the number one priority for the last couple of years in that area, explaining that the expansion needed to be constructed before the entire interchange at SR 50 and US 27 was torn down. He added that the SR 50/US 27 interchange project was now funded, which was why it was so important to get the Hooks Street expansion completed to provide an alternate route around that intersection.
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the request from Public Works to approve the TRIP/CIGP agreement and supporting Resolution No. 2011-32 between Lake County and FDOT for the construction of a four-lane roadway on Hooks Street from Sandhill View Boulevard to Grand Highway as well as the request to advertise for bids for the construction of the roadway and Resolution No. 2011-33 to amend the current budget.
library advisory board appointments
Commr. Cadwell made a motion to reappoint Ms. Julia Nix as the Town of Montverde’s representative and Ms. Laura Pierce as the Alternate Member.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the reappointment of Ms. Julia Nix as the Town of Montverde’s representative and Ms. Laura Pierce as the Alternate Member to serve four-year terms ending February 28, 2015.
REPORTS – COUNTY ATTORNEY
request for closed session
The County Attorney requested to have a Closed Session on Tuesday, April 5, 2011 at 11:00 a.m. to discuss pending litigation.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the request for a Closed Session.
REPORTS – COUNTY MANAGER
The County Manager mentioned that at the recent retreat he had informed the Board he would inform them of the budget process to ensure the Board was not only receiving information during the budget workshops in the summer. He requested to schedule a Budget Workshop for Tuesday, May 10th, 2011, explaining the meeting would provide some recommendations, bring the Board up to date on the process, and seek guidance from the Board.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1
school impact fees
Commr. Hill reported she and the County Attorney had met with the School Board Chairman and School Board Attorney regarding the suspension of school impact fees. She noted the School Board discussed the issue at the meeting on Monday, March 14, 2011, but she had not received any contact regarding the outcome. She surmised based on unofficial information that the School Board had decided to suspend school impact fees for six months in order to hear the results of the impact fee study.
Commr. Cadwell asked if there was any action the Board needed to take if the School Board did suspend school impact fees.
Mr. Minkoff replied the Board could treat the issue as a request to advertise an ordinance to suspend educational impact fees retroactively to February 15, 2011, and then the County Attorney’s Office would prepare the ordinance and have it advertised for the agenda.
Commr. Hill mentioned the transportation impact fee suspension was set to expire in March of 2012, and asked if it would be better to have the two coincide.
Commr. Cadwell answered it would be better but it would take more time to return to the School Board with a request to change the amount of time allowed. He noted the Board should accept the six months granted by the School Board and then use the time to lobby the School Board to extend the suspension period if needed. He requested Mr. Minkoff draw up the ordinance for a six month suspension. He asked if the County Attorney’s Office could change the ordinance if it made it less prohibitive.
Mr. Minkoff replied if the ordinance was advertised for a six month suspension the Board could extend it at the Public Hearing for a year.
Commr. Parks asked when the proposed ordinance would be on the agenda.
Mr. Minkoff specified the earliest it would be on the agenda was April 5, 2011, after it was advertised.
Commr. Campione asked Mr. Minkoff if contractors would still need to meet concurrency requirements during the suspension.
Mr. Minkoff answered concurrency requirements would still need to be met and the only portion not being applied was the reservation fee once the project was approved.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved a request to advertise an ordinance supporting the School Board’s decision regarding the suspension of school impact fees for six months starting retroactively on February 15, 2011, adding the Board would attempt to have the School Board extend the suspension to one year.
Commr. Hill reported she and Mr. TJ Fish, MPO Director, attended an advertised meeting with the Seminole Commissioner at the Orlando Metro Plan Office last week for a discussion centered on future regional projects. She noted they invited her to attend the next Orlando Metro Task Force meeting. She also reported attending the annual Eustis Elks Lodge # 1578 Fire and Law Enforcement Recognition Program on Sunday, March 10, 2011.
joint public safety meeting
Commr. Hill reported the Board would reconvene the Board Meeting at 4:00 p.m. at the Magnolia Room at the Leesburg campus of Lake-Sumter Community College for a Joint Public Safety Meeting.
reports – commissioner parks –district 2
Commr. Parks reported attending the Ag Extension Advisory Board meeting two weeks ago and noted there was a meeting coming up towards the end of April but a fixed date had not been set. He encouraged the Board and the Public to attend. He also reported he would be attending the West Orange South Lake Transportation Task Force Meeting and that he had attended the Four Corners Area Council Meeting.
tour of agricultrual facilities
Commr. Parks mentioned he had toured some agricultural facilities throughout the County including the Florida Natural facility near Umatilla, Sunsational, and various blueberry farms.
REPORTS – COMMISSIONER campione – vice chairman and DISTRICT 4
economic development website
Commr. Campione commented on the website created as a central site for efforts towards the economic development of Lake County, announcing the website, which was up and running, was: www.HowWeHelpBusiness.com.
economic education summit
Commr. Campione suggested the possibility of having an Economic and Education Summit, stating the School Board had suggested the Board tour different schools that had workforce training programs.
Commr. Conner asked if the School Board would allow the Chamber Alliance or some business leaders to attend the tour.
Commr. Cadwell suggested asking the Chamber Alliance to choose six of their members to attend.
Commr. Conner agreed, stressing they needed business leaders from every geographical location in Lake County to attend the tour.
Mr. Minkoff informed the Board that it was not legally possible to conduct the tours as proposed because of the Sunshine Law. He noted it might be possible to have a meeting at a school, but the meeting would have to be open to the public. He that inviting the public go into schools while they were in session created difficulties for the schools because there were certain people who were not allowed on school property but who would have to be allowed to attend a Board meeting. He specified it would be up to the School Board whether or not they would allow the public meeting at a school.
wekiva parkway and bridge project
Commr. Campione reported attending a Design Charette for the Wekiva River Bridges at Wekiva Falls RV Resort in Sorrento on March 2, 2011 which was held by the Wekiva River System Advisory Management Committee.
famu scholarship presentation event
Commr. Campione reported attending an event organized by Florida Agricultural and Mechanical University (FAMU) presenting scholarships, receiving a tour of the Genesis Center in Leesburg, and attending a dinner for the president of FAMU.
REPORTS – COMMISsIONER CADWELL – DISTRICT 5
parks and recreations committee
Commr. Cadwell reported the Parks and Recreations Committee met on Monday, March 14, 2011 and noted they commented on the Pine Lakes Park in regards to getting compliant with the DEP and building the baseball field.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:07 a.m. until 4:00 p.m. when the meeting would reconvene at the Magnolia Room at the Leesburg campus of Lake-Sumter Community College for a Joint Meeting with the cities regarding Public Safety.
jennifer hill, chairman
NEIL KELLY, CLERK