A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
july 19, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, July 19, 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; and Jimmy Conner. Commissioner Welton G. Cadwell was not present. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.
Mr. Darren Gray, County Manager, requested to pull Tab 17 to bring back at a later date, and to move Tabs 3, 4, and 5 after Tab 22, so those could be included with the presentation.
Mr. Sandy Minkoff, County Attorney, asked to add under his Business a request for a Closed Session on Tuesday, July 26, 2011.
Commr. Hill stated that the joint meeting with the School Board for that afternoon was cancelled, and it would be rescheduled for a future date.
Mr. Gray commented that he spoke with Dr. Susan Moxley, Superintendent for Lake County Schools, noting that she would give him a couple of dates to bring back to the Board.
Commr. Campione asked for an explanation on why the meeting was cancelled.
Mr. Gray explained that there were some issues with the school since it was not yet finished, so the School Board was uncomfortable having the meeting there.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 4-0 vote, the Board moved to add the request for a Closed Session to the agenda.
On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a 4-0 vote, the Board approved the Minutes of June 21, 2011 (Regular Meeting) as presented.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, expressed that he was glad Tab 3 was moved from the Consent Agenda, and stated that he was concerned about this because there was not enough information about the organization that would be receiving the $75,000 grant. He added that even though it was federally funded, he was not comfortable giving this money away, especially since the County would not retain any ownership rights on the property.
Mr. Jake Farley, Mayor of Astatula, addressed the Board stating that he wanted to continue to pursue the need for County fire services in Astatula. He noted that approximately 13 years ago, the County took over Astatula’s volunteer department because they could not afford it any more, but then it was shut down, so now they were left with almost nothing. He explained that the town has had a 40 percent growth in the last decade and the call volumes continue to increase, so he wanted to remind the Board how important it was to have a fire station.
Commr. Parks commented that he was very supportive of the need for a fire station there and mentioned the issue of the insurance rates increasing.
Mr. Farley stated that he appreciated the Commission’s continued support for this, and noted that it appeared as though the rates would increase. He added that many of the residents lived on a tight budget, so this could be detrimental if that did happen.
Mr. Gray clarified that the County was proposing to move the Fleet facility to that joint facility, and noted that a plan for a temporary station was budgeted for next fiscal year. He added that they had also been talking with Chief Jolliff about long term plans for a station.
Mr. Doug Koskey, a resident of Astatula, also discussed the concern of not having fire services in Astatula. He emphasized that fire protection was one of the very basic services, and because they were so far from a fire station, their fire ratings were low. He explained that it was hard to draw residents and businesses to Astatula because of the increased insurance ratings and the low fire ratings, and expressed that by having a fire station in this town, their fire ratings would increase, and they would hopefully be able to grow a community to help contribute to the overall County funds.
Mr. Sam Musgrove, a resident of Eustis, addressed the Board regarding CUP #11/5/1-5; however, the Board informed him that since this was a pending zoning case, he could not comment on this today, but he could attend the public hearing once this was advertised for a future date.
Mr. David Cimini, a resident of Clermont, addressed the Board in regards to the landfill on CR 455, stating that he and his neighbors were concerned about the odor from the landfill as well as the water quality in the area. He explained that he had been dealing with code enforcers for many years, and it had yet to be resolved, so he would like for the Board to address the issue to see if there was in fact a health risk with that landfill.
Commr. Hill stated that he should contact Mr. Greg Welstead, Conservation and Compliance Director, to see if the matter needed to be reinvestigated.
Commr. Campione commented that it concerned her to hear about those kinds of issues, and added that the County should take an active role to make sure that the situation was not harming any citizens.
Commr. Conner expressed that if Code Enforcement did not have the resources to test the water, then they need to be given direction on where to get that level of expertise. He noted that a thorough investigation needed to be done, especially since that was impacting residential properties.
Commr. Hill added that they should have the Health Department do the water testing.
Mr. Cimini explained that the Health Department did come out about a year ago and tested the water, but they claimed there was nothing wrong with it.
Commr. Campione emphasized that she was concerned, and stated that they needed to look at every aspect to make sure there was not a problem there.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, 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 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.
Harbor Hills Wastewater System
Request to acknowledge receipt of the revised Notice of Application for Approval of Application for Original Certificate for an Existing Wastewater System Requesting Initial Rates and Charges, issued June 22, 2011 stating that the original application for a wastewater certificate and initial rates and charges for Harbor Hills’ existing wastewater system in Lake County was filed on January 7, 2011 by Aqua Utilities Florida, Inc. (AUF) and Amendment of AUF’s Certificate 120-S pursuant to Section 367.045(2), Florida Statutes, and Rules 25-30.033 and 25-30.036(3), Florida Administrative Code.
Harbor Hills Utilities Water System
Request to acknowledge receipt of the revised Notice of Application Approval of Transfer of Harbor Hills Utilities Water System and Amendment of Certificate in Lake County, issued June 22, 2011 stating that the original application for approval of the transfer of the water system of Harbor Hills Utilities and Amendment of AUF’s certificate No. 106-W filed by Aqua Utilities Florida (AUF) pursuant to Section 367.071, Florida Statutes and Rule 25-30.037, Florida Administrative Code was filed on January 7, 2011.
Audit Report for Town of Montverde
Request to acknowledge receipt of the Audit Report for the Town of Montverde for Fiscal Year Ended September 30, 2010.
City of Fruitland Park Ordinance
Request to acknowledge receipt of the City of Fruitland Park Ordinance No. 2011-003 consenting to the inclusion of the City of Fruitland Park within the county-wide Municipal Service Taxing Unit (MSTU) for Ambulance and Emergency Medical Services.
Shangri-La By The Lake Utilities Application
Request to acknowledge receipt of a copy of the application by Shangri-La By The Lake Utilities, Inc. for a Staff-Assisted Rate Case with the Public Service Commission, submitted to the Clerk of Court as required by law.
Lands Available List
Request to acknowledge receipt of a list of property placed on the Lands Available List. Lake County has until September 26, 2011 to purchase property from Lands Available List before it is available to the public.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 14, pulling Tabs 3, 4, and 5 as follows:
Request for approval and signature on the Agreement with Harvest House Community Development Corporation 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 $75,000.00 - 100% CDBG Grant funded.
Request for approval and signature on the Amended Agreement with the Town of Astatula 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 $32,300.00 - 100% CDBG Grant funded.
Request for approval and signature on the Agreement with Altoona School, Inc. 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 $75,000.00 - 100% CDBG Grant funded.
Conservation and Compliance
Request to approve/renew Memorandum of Understanding for the Rabies Control Program between Lake County Health Department and Board of County Commissioners and authorize the Director, Conservation and Compliance to sign the agreement on behalf of the County. (No Fiscal Impact)
Request for approval of distribution of Byrne Grant funds among local jurisdictions applying for funding; approval of Chairman signature on original letters of support; approval for submission of application for the Sheriff for purchase of portable radios and tasers; and approval for signature on grant documents including application, certificate of acceptance, EEO certifications and subsequent grant documents. No Fiscal Impact: Grant funding will be appropriated as part of the FY 2011-12 Budget.
Economic Development and Tourism
Request for approval of a High Value Job Creation (HVJC) Program Award in the amount of $15,000.00 to Clermont Radiology, LLC for the creation of six (6) qualifying positions and approval and signature on the HVJC Program Agreement with Clermont Radiology, LLC and the Lake County Board of County Commissioners.
Fiscal and Administrative Services
Request that the Board (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
Request to approve and accept the attached list of public right of way deeds that have been secured in conjunction with roadway and / or stormwater projects. Commission Districts 1, 2, 5. No fiscal impact.
Request for authorization to award #1346 Hooks Street Extension Phase IV-B Project No. 2011-06, Bid No. 11-0025, FM # 419665-2-58-01, to Boykin Construction, Inc., in the amount of $1,519,579.90, and to encumber and expend funds in the amount of $1,519,579.90 from the Federal/State Grants - Infrastructure Construction Hooks Street Extension Phase IV-B Fund. Fiscal impact is $1,519,579.90. (Grant Funded $1,519,579.90) Commission District 2.
Request for approval and signature on Resolution No. 2011-94 authorizing the posting of “25 MPH” speed limit signs on Milford Drive (6586), Weldon Drive (6386), Barrington Drive (6486), Kirkland Place (6386A) and Darien Court (6386B) in the Upson Downs Subdivision in the Eustis area, in Commissioner District 5, Section 31, Township 18, Range 28. No fiscal impact.
Request for the adoption of the Amended Budget Resolution No. 2011-95 for the Design of Intersection Improvements to SR19 and CR450E. Fiscal impact: $50,000, Commission District 5; Tracking # INT10024.
Request for authorization to execute change order #3 to the Traffic Signal at #1350 Citrus Tower Boulevard and #1248 Steve’s Road Project No. 2010-23, FPN: 428225-1-58-01, Bid No. 10-0047, to Traffic Control Devices, Inc., in the amount of $7,768.65, from the Renewal Sales Tax Capital Projects - PW – Infrastructure - Construction Fund. Fiscal Impact $7,768.65. Commission District 2.
county attorney’s consent agenda
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 4-0 vote, the Board approved the County Attorney’s Consent Agenda, Tab 15, as follows:
Request for approval of Renewal of Lease Agreement with SDG Macerich Properties (Lake Square Mall) for Sheriff's Office space. Fiscal impact for 2011 is $1,320.
list of priority projects
Mr. T.J. Fish, Executive Director of Lake-Sumter Metropolitan Planning Organization (MPO), addressed the Board stating that the presentation focused on the road needs pertinent to Lake County government. He noted that the List of Priority Projects, which was submitted annually to the Florida Department of Transportation (FDOT), contained the highest priority unfunded needs of the County, and related that projects must be included on the list in order to be considered for funding. He stated that one of the funding pots was the Strategic Intermodal System, and explained that the biggest priority for that money was the interchange in Clermont on SR 50 and US 27, noting that the project was now funded and no longer on the list. He added that the other project on that list was to upgrade US 27 between Clermont and the Four Corners area from four lanes to six lanes; however, that was not a high priority project. He mentioned that the other funding pot was called “other arterials,” and then described the projects on that list. He related that US 441 had been a huge priority, and stated that the project would be divided into three segments: Martin Luther King Jr. Boulevard to Lake Ella Road in Fruitland Park, Lake Ella Road to Avenida Central in Lady Lake, and then Perkins Street to SR 44 in Leesburg. He then mentioned the other projects on the list, specifying that the segment of US 441 to SR 44 was a funding priority, but the County also had $2 million set aside for that project. He added that the project for SR 44 to SR 46 in Mount Dora was being studied, and they would move that quickly up the list since it was tied to the Wekiva Parkway Project. He then discussed the trail priorities, noting that several municipalities had been taking the lead on those projects, but Lake County was the lead agency for the South Lake Trail and the Wekiva Trail. He then pointed out the County priorities, adding that there were five projects in the production phase. He stated that the first project was for CR 466A in Fruitland Park, and because that was top priority, they had a state grant opportunity for it. He related that the second project was the North Hancock Road Extension, and that was an immediate need because of the new Lake Minneola High School. He added that although the County had to take the lead on that project, they were still looking at having a network within the development community to help fund it. He noted that the third project was for Hartwood-Marsh Road, and they were only planning for the most critical segment, which was US 27 to Hancock Road. He pointed out that the fourth project was for CR 48 from the Palatlakaha Bridge in Leesburg to CR 33 in Okahumpka, and Public Works was looking into that as a construction priority. He noted that the last project was for CR 470 from the Sumter County line to CR 33/CR 48, and they were also looking at having the development community help fund it.
Mr. Fish then discussed the projects in the planning phase, stating that they planned to upgrade Old 441 in Tavares, the intersection with Eudora Road and 19A in Mount Dora, as well as CR 561. He added that the Project Development & Environment (PD&E) study was completed for CR 561, and although they decided not to make it four lanes, there were still some adjustments that needed to be made in Astatula. He noted that they were also planning for CR 473 in the Bassville Park area and the Round Lake Road Extension to SR 44. He explained that there was an immediate need to widen Rolling Acres Road in Lady Lake because of the added traffic, and they would like to study the concept of creating a US 27 reliever through Fruitland Park down to SR 44. He related that in the Minneola area they were planning for Citrus Grove Road, Fosgate Road and the realignment of CR 561 and CR 561A since those surrounded the proposed interchange. He added that in Clermont they were proposing to upgrade Hartle Road, Hooks Street, and the intersection of CR 50 and US 27. He pointed out that in South Lake they were planning for the Lake-Orange Parkway, which was also referred to as the Wellness Way, which would provide a link from US 27 south of Clermont to SR 429, and noted that was intended to be a restricted access road to relieve the traffic on SR 50 and US 192. He added that they also wanted to create an extension from Sawgrass Bay Boulevard to SR 429, as that would create a connection for local traffic to get from Lake County to Orange County. He related that Mascotte’s priority was CR 33 from SR 50 to Simon Brown Road, and mentioned that they were watching CR 478 (Cherry Lake Road) in Groveland, as there was a DRI proposed for that area. He then explained that the MPO wanted to establish a better method of linking their process of establishing the unfunded priorities with the Board’s process, suggesting that they both create a ten year congestion management plan. He added that the MPO’s plan would be a tool to help Lake and Sumter build their own programs and noted that it would give the public and the development community more certainty about what was really rotating into the five year program.
Commr. Hill commented that Public Works created a five year list of priority projects along with the funding sources for the Board to approve each year, and added that she was unsure how they could tie their list to the MPO’s list.
Mr. Fish expressed that Public Works was trying to build a program to meet the safety needs of the County, but with limited funds, and noted that the MPO committee was comprised of a variety of individuals, including technical staff from the cities, County staff, citizens on the Citizens Advisory Committee, individuals that were focused on bicycle/pedestrian issues, as well as the LakeXpress task force; therefore, the Board could let the MPO produce the list and once that was adopted, it would also become the County’s list.
Commr. Hill stated that the list was a wonderful wish list and those projects would improve transportation; however, they needed to look at funding to see how reasonable those projects really were.
Mr. Fish explained that they were not going to study any projects or hire engineers to design any projects if they were not absolutely needed. He stated that there were a couple of projects on the planning list that had already been studied and needed to be moved up, but a policy decision would need to be made in regards to the funding.
Commr. Hill stated that she was unsure whether the County was on the same timing schedule as the MPO since the MPO had to submit their reports in a timely fashion.
Mr. Fish noted that they were required to submit their list to DOT by September 1, and DOT would then release the program in December; however, that year was different because they began the session earlier. He added that since the County usually received a presentation on a program in August, the MPO could look at priorities and help build that program, and that could be the annual process if the Commission was agreeable.
Commr. Parks mentioned that they had great staff both at MPO and Public Works, but the coordination on the timing and how the highest priorities were determined could be better.
Mr. Fish commented that if an item involving state or federal funding came before the Board, he wanted them to be comfortable knowing that it already went through the MPO process and there was consensus to support it.
Mr. Gray related that was their goal as well, and stated that they would be receiving a road priorities list in August from County staff, and they were trying to tie both lists together as much as possible.
minneola interchange at florida’s turnpike
Mr. Bruce Duncan, President of Family Dynamics, Inc., addressed the Board stating that he wanted to give an update on the Hills of Minneola Development of Regional Impact (DRI), as well as economic indicators. He noted that the project was approved four years ago and although it has slowed down considerably, they continued to move forward with it. He added that experts were predicting the economy to improve around 2014, and the Wall Street Journal indicated that Central Florida would come out of this market faster than the rest of the country, so it was important to be ready to move forward when that did happen. He reported that Forbes Magazine also predicted that 640,000 residents would move into the greater Orlando area in the next decade once the economy picked back up. He explained that the interchange was a public-private partnership, and since there had been a lot of private involvement, they were looking for some public involvement at that point. He noted that the interchange was geared more towards economic development, as the residential development was only a minor component of it. He added that the interchange and the development would create thousands of temporary and permanent jobs, and the ad valorem tax values for the project would ultimately be $1.7 billion. He stated that there were many partners involved with the project, including the surrounding land owners, the Turnpike Enterprise, DOT, City of Minneola, and Lake County, and it was their goal to create a partnership among those individuals.
Mr. Brent Lacy, Senior Transportation Planner with AECOM Technology Corporation, explained that he would give an update on the status of the project as well as an announcement about the next steps in finalizing the process. He described the interchange, noting that the two access points to the turnpike were 12 miles apart and there would be 4.5 million square feet of commercial, industrial, and retail development, and over 12,000 residential units. He added that as growth occurred in the South Lake County area, there would be a significant amount of additional driving and congestion on other roadways in the area, so the need for an additional interchange had long been identified by the Turnpike Enterprise. He stated that the project would address the transportation needs that those future developments would generate, and specified that the projects all tied to this interchange through the existing and future roadway network. He then illustrated the proposed final design concept, explaining that the interchange would provide a connection to the south and the north and that adjustments might be made to the alignment to the north as that became finalized in the future with additional studies. He concluded the presentation, stating that the final environmental documents had been submitted to the Turnpike Enterprise and should be made available for public review in August. He mentioned that the public hearing would be held at the Minneola City Hall either in late August or early September.
Commr. Hill commented that they had been watching that for the last four years to see how it would evolve because it was a big project, and they wanted to make sure the infrastructure was done right.
Commr. Parks asked if Mr. Fish wanted to comment on the white paper that was created for the project.
Mr. Fish stated that the white paper was available on the homepage of lakesumtermpo.com, and related that the proposal was unique because of the elaborate nature of the partnership and the fact that there was a land use connection proposed with this major transportation facility. He noted that the Turnpike Enterprise could actually bring part of the capital into the partnership upfront, adding that Lake County and Minneola had responsibility for half of the cost, but the other half was the responsibility of the consortium of land owners and developers in the Minneola area. He mentioned that there was a lot tied into the white paper and that was one of the more complicated things that Lake County had ever taken on.
Commr. Hill asked if there would be a toll to get on and off.
Mr. Lacy replied “yes,” and elaborated that they were proposing to have an electronic toll at the facility.
Commr. Parks asked if there would be a significant traffic reduction along Highway 50.
Mr. Lacy answered that there most likely would be; however, it was hard to put a specific number on what the volume of traffic would be. He added that with the future forecast of the improvements in that area, the traffic would disburse a little more, and most of the traffic would utilize the interchange.
Commr. Parks made a motion to write a resolution from the Board in support of the project.
Commr. Campione stated that she would be supportive as long as the resolution was broad enough when discussing the details of the County’s funding role. She expressed that she wanted to make sure that they were not making any commitments yet.
Commr. Hill stated that she was not opposed to the resolution of support; however, she did not want to hold up their process while the Board was creating this resolution. She then asked Mr. Lacy when they would need to submit their documentation for review.
Mr. Lacy explained that once the public hearing was held, they would incorporate any comments or information into the final documentation for the PD&E. He added that the Interchange Justification Report could not be finalized until they had funding in place, and then those documents could be moved through the final process for signature and approval and ultimately into designing the work program.
Commr. Parks commented that a concern of theirs was regarding the economic aspect of the project and making sure the infrastructure was well planned for job creation.
Mr. Duncan expressed that the Board’s concerns were well founded, but they were not asking for any commitment on funding. He noted that a resolution would convey that the County was supportive of the project, which would help when they asked for funding.
Commr. Campione emphasized that she saw the potential of the project and thought the location would be ideal for class A type office space, knowing that Lake County had a deficit in that type. She stated that it was important that all the details were completely evaluated and the local transportation issues were taken care of.
Commr. Conner opined that they needed an improved road network in that area, and this would address that. He added that he also felt like long-term progress was being made in Lake County with the Expressway Authority.
Ordinance for a quorum requirement for the board of building examiners
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; amending chapter 6, section 6-43, lake county code, entitled members, establishing a quorum requirement for the board of building examiners; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff stated that the ordinance would change the quorum from a majority of the actual authorized members to a majority of the appointed members, elaborating that when the membership fell to seven, this would lower the quorum from five to four.
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. Conner, seconded by Commr. Campione, and carried unanimously by a 4-0 vote, the Board approved Ordinance No. 2011-36 amending Chapter 6, Section 6-43 of the Lake County Code, entitled Members, establishing a quorum requirement for the Board of Building Examiners.
ordinance regarding objects of historical, cultural or archaeological value
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; creating section 14-6 of chapter 14, article i, of the lake county code, entitled objects of historical, cultural or archaeological value; providing for definitions; providing for prohibition of certain activities relating to objects of historical, cultural or archaeological value; providing for penalties; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff noted that the ordinance would prohibit any person from excavating or taking those types of articles from property they did not own unless they had permission from the owner of that property. He added that was the first step in accomplishing the Water Authority’s request and pointed out that they were continuing to work with the Water Authority as well as the Sheriff to resolve other issues with their properties.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Campione explained the problem they were having, noting that individuals were going to various sites and were removing any items they could find, so the County was trying to address the issue with that ordinance.
Mr. Mike Perry, Executive Director of Lake County Water Authority, stated that many County properties were also in the same situation.
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a 4-0 vote, the Board approved Ordinance No. 2011-37 creating Section 14-6 of Chapter 14, Article I of the Lake County code, entitled Objects of Historical, Cultural or Archaeological Value.
certificate renewal for the villages public safety department
Mr. Minkoff explained that Chapter 401 of the Florida Statutes required entities that provided advanced life support to obtain a Certificate of Public Convenience and Necessity from the County Commission. He stated that The Villages Fire Department, which provided services in portions of Lady Lake and unincorporated Lake County, previously had a certificate, but they were requesting renewal for an additional two years. He noted that staff recommended approval, and they notified all the municipalities of the request since there was a public hearing.
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. Conner, seconded by Commr. Parks, and carried unanimously by a 4-0 vote, the Board approved the request from The Villages Public Safety Department to issue a renewal of their Certificate of Public Convenience and Necessity through September 30, 2013.
community development block grant
Mr. Gray stated that Ms. Cheryl Howell, Housing Division Director, would be giving the Board an update on the One Year Action Plan and would also follow up with Tabs 3, 4 and 5 from the County Manager’s Consent Agenda.
Ms. Howell noted that the purpose of the Community Development Block Grant (CDBG) was to present a strategic vision for Lake County’s housing and community development projects and explained that the primary objective was to develop viable urban communities, noting that the CDBG provided funding to local governments to supply decent housing, suitable living environments and help expand economic opportunities. She added that the grant allowed them to complete numerous small and large projects, including roads, parks, community centers and fire stations. She pointed out that Lake County was different from other counties because they were considered an entitlement community, so each year the County received a certain amount of money from the U.S. Department of Housing and Urban Development (HUD) to use for CDBG eligible activities, whereas other counties had to go through the State to receive funding, which was a more difficult process. She noted that the allocation amounts fluctuated each year, and reported that the 2011 allocation was $933,565 and although this was a 16.5 percent decrease from the previous year, that amount was similar to the 2008/2009 allocation. She explained that the action plan was submitted each year to help determine the priorities and the funding for the upcoming year, whereas the consolidated plan was for a five year period. She added that the consolidated plan was required by HUD in order to receive federal funds, and it also functioned as a planning document because they used multiple analyses and assessments, such as the housing/homeless needs, the housing market analysis, the strategic plan and the action plan, to create a strategy to meet the needs of the citizens. She stated that they identified multiple projects for the housing and community needs, including the Umatilla Water Project, park improvements, public facilities, economic opportunities, the emergency repair program, the mobile home replacement program, State House Initiatives Partnership (SHIP), Section 8 subsidized rental, and shelter plus care for the homeless. She then displayed the CDBG 2011-12 funding recommendations for each project and stated that they were requesting that the Board approve the 2011-2012 Annual Action Plan and the 2010-2015 Consolidated Plan.
Commr. Parks asked what the economic development program entailed and if there was any coordination with the County’s Economic Development Department.
Ms. Howell replied “no,” and stated that program was designed to help non-profit organizations develop a revenue source to support their mission.
Commr. Campione asked what kind of activities a non-profit organization could engage in to create a funding source of that nature.
Ms. Howell answered that they were looking into organizations that would help support another non-profit organization, such as a T-shirt printing business for the Boys and Girls Club and an aquaponics business.
Commr. Campione opined that getting some help on the business planning side would be critical in order to not waste money, and stated that she wanted assurance that the County was coming up with some viable ideas.
Ms. Howell explained that they were in the development phase of the economic development program and would be creating a business plan to make sure everything was in place because they wanted to work with non-profit organizations to make them successful.
Commr. Campione expressed that she liked the concept, but was skeptical about putting $40,000 in that direction. She added that she would prefer to draw upon resources such as the business resource center, volunteers, or even SCORE.
Mr. Gray related that he would have Ms. Howell and Ms. Dottie Keedy, Community Services Director, get with Mr. Scott Blankenship, Economic Development and Tourism Director, to work together on the economic development program.
Commr. Campione asked if the Community Health Care Coordinator position was part of the Health Department.
Ms. Howell answered “no,” and stated that the employee worked under Human Services, primarily helping seniors with their medical needs.
Commr. Campione asked whether the individuals receiving the prescription assistance were eligible for Medicaid as well.
Ms. Howell responded that in order to receive Medicaid, an individual must have children and noted that many of those individuals were too old to have children but not old enough to receive Medicare.
Commr. Campione commented that it would be nice to have a program within the CDBG funds to remove and replace old, unsafe mobile homes since that would help the living environment not only for the owner, but the entire surrounding area.
Ms. Howell explained that the mobile home replacement program would do exactly that, noting that year would be the first year for it and they would determine the area of greatest need after they received responses from the public.
Commr. Conner asked if the County was guaranteed CDBG funding for next year.
Ms. Howell remarked that they were never guaranteed funding.
Commr. Conner stated that he wanted to primarily focus on the Umatilla Water Plant and asked what the total cost was for that project.
Ms. Howell responded that the total cost was $1.2 million, noting that they had identified $500,000 of previous unspent CDBG funds, as well as an additional $300,000. She added that HUD already approved the remaining $450,000 to completely fund the project.
Commr. Campione asked what would happen to the funds if they decided not to go through with a project.
Ms. Howell pointed out that if any of the projects turned out to not be feasible, they would then request an amendment to the plan, and the money could then be directed towards another project.
On a motion by Commr. Parks, seconded by Commr. Campione, and carried unanimously by a 4-0 vote, the Board approved the 2011-2015 Consolidated Plan and the CDBG FY 2011-2012 One Year Action Plan and authorized the Chairman to sign the Application for Federal Assistance (Form SF 424), the Adoption Resolution No. 2011-96, the required certifications, and the contract for the listed projects in the CDBG FY 2011-2012 Action Plan.
agreement with harvest house community development corp.
Ms. Howell stated that the agreement with Harvest House was a $75,000 project for acquisition and rehab of a property to provide after school care to children and elder care services to seniors in the Montclair area outside of Leesburg. She noted that she visited the area and spoke to the residents to determine if there truly was a need, and reported that based on the demographics, there was 1.4 children per house as well as nearby residences that housed many elders. She related that Harvest House did not have much of a track record, but the project was previously approved by the Board.
Commr. Hill asked if she had spoken with the City of Leesburg about the project.
Ms. Howell noted that she spoke with Mr. Ken Thomas, Economic Development Director with the City of Leesburg, and he was aware of the project. She added that she tried to cover all the areas that were pertinent to getting the project moving forward.
Commr. Hill commented that there was a need in that community, but she was unsure whether there would be enough people that could keep the center up and running.
Ms. Howell explained that she asked for a business plan to see where they would get the money to keep it going and pointed out that Harvest House was exploring different ways of being able to sustain, including obtaining help from Child Care Assistance. She noted that they did have some very sound plans to meet the goals and felt as if they would be able to sustain.
Commr. Hill asked if she knew whether the City of Leesburg wanted to be involved with the project after it was completed.
Ms. Howell stated that although the Montclair area was outside the City’s jurisdiction, they still showed a lot of interest in that community.
Commr. Conner asked if the County could acquire the property rather than Harvest House.
Ms. Howell responded that the County would then have to provide the services as well.
Commr. Conner commented that the County would lose jurisdiction over the spending of the money once they gave it to a third party and asked if the facility was subject to approval by the Board.
Ms. Howell explained that the facility would be subject to approval, and added that staff would identify a few potential places and would work with Harvest House with the acquisition and rehab process. She also noted that if the County purchased a facility, they would have additional responsibilities and would have a greater risk in the process.
Commr. Campione mentioned that this was a unique situation because the Board had never done a project like that in the past.
Mr. Minkoff explained that before Ms. Howell was hired in 2010, the Board had established a program where staff went into different communities to find non-profit organizations that could create community enhancement area programs. He noted that just prior to her being hired, the County changed the focus towards providing basic services to low and moderate income residents. He added that the County most likely went to Montclair and met with the residents to identify needs for that area and may have even helped them form a non-profit organization.
Commr. Campione asked if Harvest House was currently functioning in any capacity.
Ms. Howell answered that they did not have a place to function out of to provide services.
Commr. Campione stated that she did not want to go back on a commitment that was already made, and asked if it would be harmful to Harvest House if the Board decided not to go through with the project.
Ms. Howell commented that it would not cause them harm.
Commr. Hill expressed that she was comfortable with the project and felt like it was a very good contract since it included evaluation and monitoring by the County.
Ms. Howell related that there would also be a HUD required five year lien placed on the property to make sure it was being used the way it was intended.
Commr. Parks made a motion to approve the agreement with Harvest House Community Development Corporation, and it was seconded for discussion by Commr. Campione.
Commr. Campione opined that she would prefer to see a shift in priorities because she was not comfortable putting money towards that project. She added that she would possibly reconsider if the project proved to be a great thing for the community.
Commr. Hill stated that because it was already approved, she was worried that the Harvest House was anticipating the money and asked if there was a timeframe on the agreement.
Ms. Howell responded that there was not a timeframe.
Commr. Conner commented that although he did not want to disappoint the community, he would rather wait on voting for the project and take the time to figure out a more measurable way of making sure it could sustain.
Commr. Hill related that she would be in favor of that as long as the money was kept for the Montclair area since there really was a need. She added that maybe the County could identify another project that was more viable and possibly partner with the City of Leesburg to work together in that area.
Ms. Howell pointed out that the funding was dedicated to that particular project; however, the Board could choose to put the money towards a different project. She noted that if the Board had additional questions, staff could get the answers and bring those back so the Board could feel more confident about the project.
The motion to approve the agreement with Harvest House Community Development Corporation and to direct the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services failed by a 4-0 vote.
Commr. Conner, Commr. Parks, Commr. Hill, and Commr. Campione voted “no.”
Commr. Conner asked Ms. Howell to give an update on the status of the Yalaha Community Center project.
Ms. Howell stated that the project was approved in 2006, and a contract was signed by the Board last July for $436,000 for the purchase of a building. She added that there were multiple issues with that project, mainly being that the non-profit organization could not sustain a community center of that size and nature. She noted that she had requested a business plan from that organization several times and felt the numbers she was given were unrealistic. She related that they had not come to a common goal, and she never proceeded with that project in case it happened to be a failed project for the County.
Mr. Gray added that the original community center was torn down by the County, and noted that Ms. Howell was correct in stopping the project until they could make sure it was feasible.
Commr. Conner asked if those funds were set aside for that project.
Ms. Howell answered that the funds were set aside for that project until September 2011; however, if the Board thought the project was not feasible, then those funds could be used for a different project.
agreement with the town of astatula
Ms. Howell stated that the agreement with the Town of Astatula was a 2009/2010 project, noting that the County had difficulties in receiving the necessary documentation from Astatula. She added that they finally received the information, but because of the length of time that the contract had been in place, they needed to extend it so they could award them the funding for the work completed.
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 3-0 vote by those present (Commr. Parks was not present for the vote), the Board approved the amended agreement with the Town of Astatula and directed the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services.
agreement with altoona school, inc.
Ms. Howell explained that the agreement with Altoona School, Inc. was to give them funds to complete the electrical work and get the designs for the full scale project, noting that the project would serve as a school as well as a community center. She related that it would be a focal point for the community and was much needed for that area.
Mr. Minkoff added that the building was owned by the School Board, but the charter school operated it.
Commr. Campione asked who would receive the funding.
Mr. Minkoff stated that the charter school would spend the money, but the School Board consented to those expenditures.
On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a 3-0 vote by those present (Commr. Parks was not present for the vote), the Board approved the agreement with Altoona School, Inc. and directed the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services.
appointments to the lake county arts & cultural alliance
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 4-0 vote, the Board appointed Mr. Richard J. Hoon from the City of Eustis to serve a two-year term ending on July 31, 2013 and Mr. Dan Vincent from the Town of Lady Lake to serve a one-year term ending on July 31, 2012 to the Lake County Arts & Cultural Alliance, and reappointed Ms. Judy Smathers from the City of Mount Dora and Ms. Debbie Stivender from the City of Tavares to serve two-year terms ending on July 31, 2013.
addendum 1-I – appointment to the women’s hall of fame selection committee
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 4-0 vote, the Board appointed Ms. Jean M. Martin to the Women’s Hall of Fame Selection Committee to serve a one-year term.
REPORTS – COUNTY ATTORNEY
request for closed session
Mr. Minkoff requested a closed session on July 26, 2011 at 8:30 a.m.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried by a vote of 4-0, the Board approved the request for a closed session.
reports – county manager
addendum 1-II - appointments to the lake ems board
Mr. Gray recapped that the Board set up the new nine member Lake Emergency Medical Services (EMS) Board to include the five County Commissioners, three city representatives and one hospital representative, and since the new EMS Board would be meeting on July 25, the other four representatives needed to be appointed.
Commr. Conner recommended Mayor Michael Holland from the City of Eustis, noting that he had very good credentials and had the right philosophy for what they needed.
Commr. Parks stated that he also agreed with the recommendation of Mayor Michael Holland, and suggested Mr. John Moore from South Lake Hospital as the hospital representative, and Mr. Keith Mullins and Mr. Ray Goodgame for the South Lake area. He added that since both of those representatives were from Clermont, he was not sure whether that city would like to vote on who would be appointed.
Commr. Conner commented that the Board, not the cities, was making the appointments and opined that they should be consistent on how the members were appointed.
Commr. Hill mentioned that she also agreed with the recommendations of Mayor Michael Holland, Mr. Keith Mullins and Mr. John Moore, and then suggested Mayor Chris Bell from Fruitland Park.
Commr. Campione noted that Mr. Peter Tarby from Umatilla, Mayor Melissa DeMarco and Mr. Bob Theilhelm from Mount Dora have shown an interest. She then asked if the appointments could have a one-year term so the members could rotate.
Mr. Minkoff explained that two of the city members would have terms that would expire in February 2013, whereas the other city member’s term would expire in February 2014. He added that the hospital appointment would also expire in February 2014.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 4-0, the Board approved the appointments of Mr. Michael Holland, Mayor of the City of Eustis; Mr. Keith Mullins, Councilman for the City of Clermont; and Mr. Chris Bell, Mayor of the City of Fruitland Park, as the city representatives and Mr. John Moore as the hospital representative.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 4-0, the Board approved that Mayor Holland’s term end February 28, 2014 and Mayor Bell and Mr. Mullins’ terms end February 28, 2013.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1
monthly meeting with the sheriff
Commr. Hill mentioned that Commr. Parks brought up the idea of meeting with the Sheriff on a regular basis, and since he was a liaison to the Public Safety Coordinating Council, she asked if the Board would be supportive of having him meet with the Sheriff on a monthly basis.
Commr. Conner commented that he would support that; however, since the Chairman had always been a liaison to constitutional officers, he was unsure whether having two liaisons to one constitutional officer would create problems.
Commr. Campione expressed that it was important to have an open dialogue between the Board and all the constitutional officers and that the Board continue to meet with them in regards to the County’s financial and economic conditions. She noted that she appreciated Commr. Parks’ willingness to take on the additional responsibility and emphasized that this would not stop any member of the Board from having a one-on-one meeting with any constitutional officer.
Commr. Parks explained that was something he believed in and thought could make a difference. He added that his intent was to have presentations from the Sheriff more regularly and was appreciative of the Board allowing him to do this.
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a vote of 4-0, the Board approved for Commr. Parks to be a liaison to the Sheriff and meet with him on a monthly basis.
reports – commissioner parks – district 2
information request for the stormwater workshop
Commr. Parks requested that the Board be provided a detailed analysis of what Public Works and the Water Authority did with stormwater, as well as the plans for the MSTU funding and any efficiencies they could work on together to save money for the September 13, 2011 workshop.
Mr. Gray stated that they could put that into the workshop and added that the goal of that workshop was to give an update on the status of the projects and to discuss future funding of stormwater.
meeting request regarding the minneola athletic complex
Commr. Parks mentioned that the City of Clermont had requested a meeting with the Board regarding a fee increase as well as the progress of the Minneola Athletic Complex (MAC).
Commr. Conner noted that they were aware of the situation and were moving as quickly as possible on the MAC to provide relief.
Mr. Gray explained that the non-resident fee was increased from $50 to $75, causing some citizens to become unhappy about the fee. He noted that he spoke with Mr. Wayne Saunders, City Manager for Clermont, and told him that the Board was working on an agreement with the Minneola Athletic Complex and staff was working with the National Training Center (NTC) to develop a plan for the MAC. He added that he would be bringing that information to the Board in August, and they could then relay the plan to the South Lake area.
Commr. Campione stated that she was willing to meet with the City of Clermont, but she would rather wait until the County could tell them when the field would be open.
Commr. Parks remarked that the County would need to have a very good presentation letting everyone know how much of a difference the MAC would make.
Commr. Conner mentioned that fall sports usually started in August or September, so it would be nice to have possession of those fields so children could start using them.
Mr. Gray related that there were some events already scheduled for the fall, so it would most likely be in the spring when they could start scheduling the facility.
Commr. Parks asked if they would be having a workshop to discuss the redistricting.
Mr. Minkoff stated that it was on the agenda for the July 26, 2011 BCC meeting.
Commr. Parks stated that many residents in the South Lake area have requested that the Board have a follow-up workshop regarding the redistricting and asked if there would be one.
Mr. Minkoff responded that the Board would decide how many times to meet.
Commr. Conner noted that next week’s meeting would be an initial meeting, and they would then determine how to proceed.
Commr. Campione asked when the Board would need to adopt the new district map.
Mr. Minkoff answered that it would need to be done by the end of the year.
reports – commissioner conner – district 3
meeting with the sheriff
Commr. Conner mentioned that he met with the Sheriff last Thursday letting him know that even though they may disagree on the budget, he did not want that to enter into interpersonal relationships. He added that they had a very positive meeting, and he wanted to thank the Sheriff for being gracious with his time.
go green, get green rebate program
Commr. Conner reported receiving a call from a representative of the City of Leesburg regarding the “Go Green, Get Green” rebate program, stating the issue was that gas appliances were not eligible for rebate. He mentioned that the City of Leesburg had their own rebate program where gas appliances were eligible, and if the County allowed gas appliances then the residents of Leesburg would be more apt to participate. He requested that the County’s rebate program be amended to include gas appliances.
Commr. Hill stated that she spoke with Mr. Gray regarding that issue yesterday, and he assured her that he would review the contract to see if it could be amended.
Mr. Gray noted that he would bring that information back to the Board.
REPORTS – COMMISsIONER campione – VICE CHAIRMAN & DISTRICT 4
meeting discussing freight rail and other issues
Commr. Campione reported meeting on Wednesday, July 13, 2011 with the Mayor of Apopka, Commr. Fred Brummer from West Orange County, and several members of the East Lake MPO Task Force to discuss the freight rail, the Kelly Park Development of Regional Impact and trails, noting the group was planning to meet again in a couple months.
Commr. Hill remarked that this meeting was also mentioned at the joint meeting she attended with the Central Florida MPO and the Southwest MPO.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:55 a.m.
JENNIFER hill, chairman
NEIL KELLY, CLERK