A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

july 10, 2012

The Lake County Board of County Commissioners met in regular session on Tuesday, July 10, 2012 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:  Leslie Campione, Chairman; Jennifer Hill, 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; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Courtney Vincent, Deputy Clerk.

INVOCATION and pledge

Mr. Jim Briggs of The Bahai Group of Lake County gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Gray informed the Board that the representatives from Fairwinds Credit Union could not be in attendance and then he requested that Tab 29, the presentation of a check from the Fairwinds Credit Union to the County, be postponed to the July 24, 2012 BCC Meeting.

Presentation

Kids against hunger

Mr. Bob Bostic, founder of the Tavares location of Kids Against Hunger, addressed the Board.  He thanked the commissioners, the County government, and everyone who participated in the food drive over the month of June.  He mentioned that Kids Against Hunter and Deliver the Difference were non-profit organizations based in Lake County since 2010 that provided food donations towards international and domestic disaster recovery as well as for Lake County’s homeless children.  He reported that there were currently an estimated 2,919 homeless children in Lake County and that 54 percent of the County’s school children were on either a free or reduced lunch program.  He explained that the meals received at school were the only meals many of those children would eat the entire week, and it was because of this that Kids Against Hunger began a School Backpack Program to donate meals to homeless children in the County by providing backpacks with enough food to see them through the weekend.  He then explained that, when the question was posed about what those children would do once school ended for the summer, they began the Summer Meals Ready-to-Eat Program which provided a box with five days’ worth of meals to children signed up for the program.  He reported that as of that morning they had delivered over 10,000 meals over the course of the summer and he estimated that they will have delivered over 25,000 meals by the end of summer.  He commented on how much the community was helping to contribute food and he stressed that the only way the issue of hunger would be addressed would be through community effort.  He thanked the citizens of Lake County for their participation.

Commr. Campione, Commr. Cadwell, and Commr. Parks thanked Mr. Bostic and Kids Against Hunger for their service to the County and stressed the importance of the community’s effort towards the goal of ending childhood hunger.

Employee awards

Ms. Susan Irby, Employee Services Director, presented the following employee awards:

Five years

Teresa Auckland, Automated Systems Specialist (Not Present)

Public Defender

 

Christine Carroll, Probation Officer (Not Present)

Conservation & Compliance/Probation Services Division

 

Amy Hand, Library Assistant I

Public Resources/Library Services Division

 

Margaret Jones, Probation Specialist

Conservation & Compliance/Probation Services Division

 

Brenda Tweed, Landfill Attendant (Not Present)

Public Works/Solid Waste Division

 

TEN YEARS

John Dinsmore, Landfill Attendant (Not Present)

Public Works/Solid Waste Division

 

John Green, Equipment Operator II

Public Works/Road Operations Division

 

RETIREMENT

Mr. Barnett Schwartzman, Procurement Services Division Manager, presented the following award, commenting briefly about the employee’s service to the County:

Roseann Johnson, Senior Contracting Officer

Procurement Services Division

 

Mr. Kristian Swenson, Facilities Development and Management Director, presented the following award, commenting briefly about the employee’s service to the County:

Dale King, Energy Maintenance Technician (Not Present)

Facilities Development & Management

 

Mr. Jim Stivender, Public Works Director, presented the following award, commenting briefly about the employee’s service to the County:

Phyllis Luck, Office Associate V (Not Present)

Public Works Department

 

Quarterly awards

Employee of the quarter

Mr. John Jolliff, Public Safety Director and Fire Chief, presented the following award, commenting briefly about the employee’s service to the County:

Aidan Holmes, Data Technician

Public Safety/Fire Rescue Division

 

T.e.a.m. award

Mr. Stivender presented the following awards, commenting briefly about the employees’ service to the County:

Denis Dietz, Public Works

Raymond Murphy, Public Works (Retired)

Robert Richardson, Public Safety

Anthony Moore, Public Safety

Ronald Cobbs, Information Technology

 

Citizen question and comment period

 Mr. Bob Thielhelm, Mayor of the City of Mount Dora, addressed the Board to discuss the issue of negligent firearm discharge.  He stated that he had sent each of the commissioners a copy of a report prepared by the Mount Dora Police Department concerning the recent discharge of firearms in the Mount Dora Area on June 11, 2012.  He reported that the discharge of firearms originated in an unincorporated part of Lake County abutting the Country Club of Mount Dora.  He noted that some of the rounds passed within close proximity of the Country Club as well as homes within the Greenbriar subdivision of the Country Club.  He also noted that earlier this year a bullet ricocheted off of a metal fence post in a yard within the same subdivision, landing in the homeowner’s driveway.  He explained that he understood that current State legislation regarding firearms limited what legal action, if any, could be taken but that, as elected officials, they were required to ensure the safety of all of their citizens.  He mentioned that in the recent firearms legislation there was an implied reference to the National Rifle Association’s (NRA) Range Source Book which defined what requirements are needed to safely discharge a firearm on one’s private firing range.  He requested that the Board direct staff to research what measures, if any, could be taken to ensure the safety of citizens and then enact those measures.  He added that he had been discussing the issue with Senator Alan Hayes and he would be meeting with the Senator following this discussion with the BCC.

Commr. Campione thanked Mayor Thielhelm for bringing attention to the issue.  She mentioned she had sought guidance from the County Attorney regarding what, if anything, could be done but that State legislation tied the County’s hands.

Commr. Cadwell added that State legislation also required the County to repeal the firearms regulations that were already in place County-wide.  He agreed that they needed to discuss the issue with the State legislators so as to better protect their citizens.

Mayor Thielhelm commented that many people outside of Mount Dora were also experiencing similar situations.

Commr. Campione suggested the Board issue a press release referencing the NRA’s Range Source Book in order to create awareness of what safety measures are expected.  She stated she agreed with Commr. Cadwell regarding the need to discuss this issue with legislators.

Commr. Parks asked if Mayor Thielhelm had contacted the NRA.

Mayor Thielhelm replied that he had not contacted the NRA but he had received a copy of the NRA’s Range Source Book.

Commr. Parks asked if they could request the help of the NRA with this situation.

Mayor Thielhelm remarked that he intended to bring the issue before the Mount Dora City Council at their next meeting and see if it could be added to the legislative agenda.  He added that he would also bring it before the League of Cities.

Commr. Cadwell asked if the issue of private gun range safety was something that the County could discuss.

Mr. Minkoff replied that municipalities were prohibited from enacting any regulations dealing with firearms.

Commr. Conner expressed his concern for citizen safety.  He suggested that law enforcement should be involved with informing those citizens using firearms when the rounds come close to citizens’ homes.  He opined that no one wanted to be shooting bullets near children and if citizens using firearms were being reckless then they should be arrested for being reckless.  He remarked that he did not think the law would protect people from reckless behavior.

Commr. Campione agreed that if citizens were having problems with bullets coming close to their property that they should call their local law enforcement agency to report the issue because it could be a case of negligent discharge.  She added that the County and municipalities needed to work on bringing awareness to the issue and reaching out to legislators to address the issues.

--------------------

Mr. Charles Aldridge, a resident of the City of Edgewater, addressed the Board regarding property he had purchased in Astor located on Holiday Circle.  He related that he had bought the property with a partner about ten years ago and had been in and out of ownership of the property two or three times.  He stated that the property went into foreclosure about a year and a half ago so he made an agreement through Mr. David Hood, his attorney, to buy the property out by paying off the loan.  He remarked that he paid the loan to save the property and after doing that he received a letter from the County stating that there were assessment fees of $2,737 plus $1,579 owed in penalties for work previously done on the property.  He explained that he had brought the issue to Mr. Hood who said he would talk to the County Attorney in an attempt to work it out.  He then explained that he received a letter from Mr. Hood stating that if he paid the $2,737 assessment fee then the issue would be resolved.  He stated that he sent a check to the County for that amount but that a couple weeks later the check was returned to him with a letter stating that he needed to pay the entire assessment as well as interest and penalties.  He asked if there was a way to work this out because he had already budgeted the money he thought was required and County staff had previously agreed to that amount before changing their minds.  He remarked that he would just like to pay the assessments owed on the property from 2003 and have the penalties and interest waived.

Commr. Cadwell remarked that the property was located in his district.  He stated that he would meet with the County Manager and County Attorney to learn more about the circumstances of this issue and, if needed, he would bring it before the Board at a later date.

Commr. Conner asked if the County had made a representation to Mr. Aldridge’s attorney that the payment of assessments without interest would be acceptable.

Mr. Minkoff replied that it was his understanding that Mr. Aldridge’s attorney had made an offer to the County and at the same time sent the check and the County refused the offer.  He reviewed that the Board had given the County Attorney’s Office the latitude to waive interest in situations of financial hardship but to his knowledge they had never waived interest for someone without mitigating circumstances.

Ms. Melanie Marsh, Deputy County Attorney, mentioned that she had spoken with Mr. Hood and specifically told him that she would need to see the authorization from the County Manager.  She stated she had never promised to waive the interest.

Mr. Aldridge replied that all he had received was the letter from Mr. Hood stating that the County had agreed to waive the interest.  He added that he had tried to contact the County Attorney and had needed to get a waiver from his attorney to send to Ms. Marsh but after he received the waiver form he did not contact Ms. Marsh for another month.

Commr. Campione remarked that Commr. Cadwell would look into the issue.

--------------------

Ms. Yvonne Merton, a resident of Umatilla, and Ms. Gail Isaac Thomas, a resident of Eustis, addressed the Board.  Ms. Merton spoke as an advocate for her son who is disabled and travels by the Lake County Paratransit Bus Service.  She stated that due to changes made by the Board to this program, her son was now required to pay $2 each way for the bus ride because he lived three-quarters of a mile from the bus route.  She remarked that, with her son’s limited income, the total of $32 a month for her son’s twice a week trips was a lot of money and asked why the Board had made that change.

Commr. Campione stated that residents who lived beyond three-quarters of a mile from the bus route were not picked up at all because of the changes in policy that were made.  She noted that, in her district, there were residents who were no longer being picked up because they lived one mile away from the bus routes and that those people were now trying to get within three-quarters of a mile so they could pay $2 to be picked up.

Commr. Conner noted that he had spoken with Ms. Isaac Thomas and he was very concerned about what was happening to her brother.  He stated that he had a meeting scheduled later that day with Ms. Dottie Keedy, Community Services Director, and Mr. Gray to discuss the problem because he thought there were some medical issues involved in some of the situations that needed to be taken into consideration.

Commr. Cadwell agreed that every case was different and stressed that the reason the changes had taken place at all were to save the program from being shut down.

Ms. Merton asked what she should do to have her son’s case looked at.

Mr. Gray replied that Ms. Keedy would follow up with Ms. Merton.

Ms. Isaac Thomas addressed the Board as an advocate for her brother who is disabled and travels by the Lake County Paratransit Bus Service.  She expressed her concern about her brother, who was hearing and vision impaired, trying to catch a bus because of the changes made to the paratransit program.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 8, as follows:

List of Warrants

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.

Proposed 2013 Budgets for the Village Center Community Development District

Request to acknowledge receipt of a copy of the proposed budgets for the Village Center Community Development District for the Fiscal Year 2012/13, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.

Public Facilities Report for Founders Ridge Community Development District

Request to acknowledge receipt of a copy of Founders Ridge Community Development District’s Public Facilities Report adopted at the May 17, 2012 meeting, in accordance with Section 189.415, Florida Statutes.

Lake County Land Development Regulations

Request to acknowledge receipt of the Final Order from the State of Florida, Department of Economic Opportunity, regarding Lake County Land Development Regulations and approval of Lake County Ordinance No. 2012-27.

Notification of Filing Annual Financial Report for Cascades at Groveland

Request to acknowledge receipt of notification that the Cascades at Groveland Community Development District has filed an Annual Financial Report with the Department of Financial Services, pursuant to Section 218.32 (1)(g), Florida Statutes.

Proposed 2013 Budget for Central Lake Community Development District

Request to acknowledge receipt of a copy of Central Lake Community Development District’s proposed budget for Fiscal Year 2013 pursuant to Chapter 190.008 (2)(b) Florida Statutes and cover letter dated June 15, 2012 stating that the District will schedule a public hearing not less than 60 days from the date of the letter for adoption of same.

2012/2013 Meeting Schedule for Greater Lakes/Sawgrass Bay

Request to acknowledge receipt of a copy of Resolution 2012-09 identifying the Fiscal Year 2012/2013 meeting schedule for the Greater Lakes/Sawgrass Bay Community Development District, along with a cover letter dated June 21, 2012.

Agreement for Insurance through Public Risk Management of Florida Health Trust

Request to acknowledge receipt of a copy of an Intergovernmental Cooperative Agreement, together with an Affidavit regarding authenticity, executed by several different governmental agencies throughout the State of Florida for the purpose of providing insurance through Public Risk Management of Florida Health Trust.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Conner requested that Tab 10 be pulled until later in the meeting because he had not had a chance to look over the description for the Sports Development Representative position.

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 24, pulling Tab 10 for a vote later in the meeting, as follows:

Community Services

Request to approve the Annual Update for Section 8 Five Year Plan and Signature on Form HUD-50077 CR (Civil Rights) Certification.

Request to approve the Memorandum of Agreement for Limited County Access to Florida System Data between the Department of Children and Families and Lake County, Florida. The estimated fiscal impact is $1,020.00, annually.

Conservation and Compliance

Request for approval and execution of Proclamation No. 2012-79 declaring July 15, 2011 thru July 21, 2012 as Probation, Parole and Community Supervision Week.

Request to approve distribution of Byrne Grant funds among local jurisdictions applying for funding and authorize Chairman to sign original letters of support. Also, approve submission of application for the Sheriff for purchase of a fully equipped vehicle and authorize Chairman to sign grant documents including application, certificate of acceptance, EEO certifications and subsequent grant documents. There is no fiscal impact. The grant funding will be appropriated as part of the 2012-13 Budget.

Request to approve submittal of an application to "Rescue U" for its Animal Shelter renovation assistance program.

County Manager

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 contract 12-0001 to Moore Stephens Lovelace, Inc. for auditing services in conjunction with the County’s needs. The fiscal impact is $200,000.

Economic Development and Tourism

Request for approval of an agreement Between Lake Eustis Area Chamber of Commerce, Inc and Board of County Commissioners, and authorization for Chairman to sign Agreement, to support and provide services to the North East Lake Business Opportunity Center (NEBOC). The fiscal impact is $92,400.

Facilities Development and Management

Request to authorize filling one vacant Building Automation Technician position within the Facilities Development and Management Department, Energy Management Division. The fiscal impact is $46,270.

Request for approval of emergency replacement of a damaged County-owned septic system that was immediately endangering health and welfare. The fiscal impact is $58,000.

Growth Management

Request to approve contract 12-0218 for upgrade of the lighting structure in the County Administrative Building to Chinchor Electric Inc in the amount of $204,223 with a supplemental allowance for the cost of a performance bond (2,483). The total fiscal impact is $206,706.

Public Resources

Request to authorize filling one vacant Park Attendant position in the Public Resources Department, Parks & Trails Division. The fiscal impact is $33,262.

Public Works

Request for authorization to award #0854 Hartwood Marsh Road Intersection with #1254 Hancock Road Project No. 2012-02, Bid No. 12-0023, to Allstate Paving, Inc, in the amount of $451,908.00, and to encumber and expend funds in the amount of $451,908.00 from the 1155.5056650.860674 - Road Impact Fee Benefit District 5 - Infrastructure-Construction (Expense). Commission District 2. The fiscal impact is $451,908.00.

Request for approval and signature of agreement with Hammock Lake Mitigation Bank, LLC., for purchase of mitigation credits to satisfy the requirements of the SJRWMD and ACOE permits for the South Lake Trail Phase III project. Fiscal impact: $70,400.00; Commission Districts 1 & 2.

Request for approval and signature of the Memorandum of Understanding Between Lake County, Mount Dora, Florida Department of Transportation, Orlando-Orange County Expressway Authority and the Lake~Sumter Metropolitan Planning Organization Pertaining to the Planning, Design and Development of the Lake-Wekiva Trail. There is no fiscal impact.  Commission District 4.

Request for approval and signature on Resolution No. 2012-80 authorizing raising the speed limit on Hooks Street (1346) from 35 MPH to 40 MPH, between Hancock Road and Citrus Tower Blvd., in the Clermont area, in Commissioner District 2, Section 18, Township 22, Range 26. There is no fiscal impact.

Request for approval and signature of  Resolution No. 2012-81 authorizing the posting of speed limit signs on Ranch Rd (2854) raising the speed limit from 30 MPH to 40 MPH from CR 48 to Robbins Road, in Commissioner District 3, Section 33, Township 20, Range 26. There is no fiscal impact.

Request for authorization to award South Lakeshore Boulevard and #2837 East Revels Road Project No. 2012-03, Bid No. 12-0025, to C. W. Roberts Contracting, Inc., in the amount of $908,711.50, and to encumber and expend funds in the amount of $838,122.00 from Account 1154.5056640.860674 - Road Impact Fees Benefit District 4 (remaining balance in account); and $70,589.50 from 3040.5056350.860674 Sales Tax Capital Project - Public Works; and adopt an unanticipated revenue Resolution No. 2012-82 for interest earned in Road Impact Fees Benefit District 4 Fund. Commission District 1. Fiscal impact is $908,711.50.

Request for approval to advertise the Villa City Road (CR 565) Bridge and Water Quality Improvement Project at an estimated cost of $388,201.80 from MSTU Stormwater funds. The fiscal impact is $388,201.80. Commission District 1.

Request to approve and execute continuing contracts for on-call transportation and traffic engineering services to GMB Engineers & Planners, Inc., Tindale-Oliver & Associates, Inc., Metro Consulting Group, LLC and Traffic Engineering Data Solutions, Inc. in conjunction with the County’s needs. The fiscal impact cannot be determined at this time.

Request to Approve award for Swale/Ditch Cleaning, Digging and Related Services to Merrell's Grade-All, Inc. and authorize the procurement office to execute all related contractual documentation. The fiscal impact is $138,964.00.

Request to authorize the release of a performance bond for installation of landscape improvements in the total amount of $429,717.20 that was posted for Bella Collina West. Bella Collina West consists of 318 lots and is located in Section 11, Township 22 South, Range 26 East, Commission District 2. There is no fiscal impact.

COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 25 through 28, as follows:

Request to approve the sale of a county owned vacant lot located on South Joanna Avenue between West Main Street and West Ruby Street in Tavares to TS Parcel J, LLC, the high bidder; authorize Chairman to execute all closing documents; and approval of Resolution No. 2012-83 releasing the petroleum and mineral rights pursuant to Section 270.11, Florida Statutes. The fiscal impact is $35,000 (Revenue).

Request to approve the Third Amendment to the Sub-Lease Agreement with the Armory Board for approximately one acre of property being used by the Horticultural Learning Center off beside the Ag Center in Tavares.

Request to approve advertising an Ordinance repealing Article VI in Chapter 14 of the Lake County Code Relating to Secondary Metals Recyclers. There is no fiscal impact.

Request for acceptance of Quitclaim Deed executed by Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to Lake County for property located at 2240 US Highway 441/27 in Fruitland Park (Alt Key 1740061).

public hearings

ordinance regarding capital facilities advisory committee

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 section 2-90.68, lake county code, to amend the quorum requirements to a majority of the appointed members; 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 explained that the ordinance only changed the quorum requirements to those that were appointed as opposed to the full number of positions.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comments to the Board.

Commr. Parks remarked that a Conservation Representative was still needed for the Capital Facilities Advisory Committee.

Commr. Cadwell suggested reaching out to the Trout Lake Nature Center in Eustis.

On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2012-44 changing the quorum requirements for the Capital Facilities Advisory Committee to a majority of the appointed members.

ordinance regarding tourist development plan

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 section 13-47, lake county code, entitled use of funds; tourist development plan; removing the provision establishing a grand program; providing for severability; providing for the filing with the department of state; providing for inclusion in the code; and providing for an effective date.

 

Mr. Minkoff explained that the department had recommended updating the Code provision because it was outdated.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comments to the Board.

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2012-45 removing the provision in the Tourist Development Plan establishing the grant program.

ordinance regarding moratorium on internet cafes

Mr. Minkoff placed the proposed ordinance on the floor for its second and final reading by title only, as follows:

An ordinance of lake county, Florida relating to simulated gambling establishments; providing for a purpose and adopting findings; providing definitions; extending a temporary moratorium on the acceptance of applications for, the processing of, and the issuance or approval of any business tax receipt, zoning clearance, rezoning, permit, conditional use permit, site plan or any other official action of lake county permitting or having the effect of permitting the construction and/or operation of a new simulated gambling establishments, for an additional three hundred and sixty five days to July 31, 2013; providing for existing businesses; providing for an effective date and duration; providing for geographic area covered; providing for severability; and providing for filing with the department of state.

 

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comments to the Board.

Commr. Parks asked staff to return in about nine months with a conceptual idea on possible ways to regulate the Internet Cafés so there could be a plan in place for when the moratorium ends.

Commr. Campione opined that it was a prudent idea and expressed her hope that legislators would come up with a solution to the problem by then.

Mr. Gray suggested that the issue of Internet Cafés be added to the Boar’s list of legislative priorities.

Commr. Campione asked that the issue of the County’s inability to regulate firearm use also be added to the list of legislative priorities.

On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved extending the moratorium on Simulated Gambling Establishments (Internet Cafés) for three hundred sixty-five days to July 3, 2013.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

economic development and tourism

agreement regarding sector plan study

Commr. Parks remarked that the Sector Plan was a great success for the County and emphasized how important it was for the County to plan the development of the South Lake area to help create jobs, protect natural assets, and develop adequate transportation infrastructure.  He stated that the purpose of the Sector Plan was to avoid piecemeal growth in the region while protecting property rights and work with land owners to protect the beauty of the area.

Mr. Scott Blankenship, Economic Development and Tourism Director, addressed the Board to discuss the components of the Sector Plan.  He remarked that the purpose of the entire presentation was to provide an update on the South Lake Sector Plan as well as the funding agreement with South Lake Community Planning Fund, Inc.  He reviewed that in May 2011 the BCC approved Resolution No. 2012-70 supporting economic development in South Lake.  He added that in October 2011 he, Mr. Gray, and Commr. Parks had met with representatives from the Department of Economic Opportunity (DEO) to discuss the Sector Plan and the DEO had lent their support to the proposed Study area.  He also mentioned that in January 2012 the BCC approved a $50,000 contribution toward the development of the Sector Plan with the understanding that the remainder would be supported by private sector contributions.  He remarked that the Study area was commonly referred to as “Wellness Way” and was considered one of the major strategic corridors in the County.  He explained that the Sector Plan would benefit the County by avoiding urban sprawl, addressing regional issues, protecting regionally significant resources and facilities, fostering innovating planning and development strategies, and creating economic opportunities.  He outlined the boundary of the Planning Area as south of SR 50, north of US Hwy 192, east of US Hwy 27, and west of Orlando.

Mr. Brian Sheahan, Planning Division Manager for the Department of Growth Management, addressed the Board to discuss the components of the Sector Plan.  He reviewed the Scoping Meeting, which was where relevant planning issues would be identified.  He mentioned that the meeting would include the public, affected local governments including Orange County, the East Central Florida Regional Planning Council (ECFRPC) and other agencies.  He added that Florida Statutes required that the Sector Plan be conducted in cooperation with the ECFRPC.  He then discussed the long term master plan of the Sector Plan, describing it as a mini-comprehensive plan for the area.  He explained that the long term master plan included maps, illustrations, and text such as objectives and policies that were supported by data and analysis to generally depict such things as land uses, maximum and minimum densities and intensities, water supplies and sources, transportation facility needs, and significant public facility needs.  He added that the Sector Plan also included components that addressed regionally significant natural resources along with procedures for protection and/or preservation of those resources, principles and guidelines for addressing urban form and limiting urban sprawl, and intergovernmental coordination.  He then discussed the economic analysis component of the Sector Plan.  He noted that big steps had been taken with what the West Orange/East Lake Transportation Task Force had done as far as economic research on needs and market, looking at regionally significant needs, and emphasizing transportation nodes for economic development.  He explained that the Long Term Master Plan needed to be approved by the BCC for it to be incorporated into the Comprehensive Plan.  He then stated that the Master Plan was adopted by a local Development Order.  He related that, after that process was completed, the next step was the Detailed Specific Area Plans which implemented the Long Term Master Plan.  He noted that property owners could opt out at no expense prior to the adoption of the Master Plan but that, once the Master Plan was adopted, property owners would need to apply for an amendment.

Mr. David Heath, Deputy County Manager, addressed the Board to discuss the funding and procurement process for the Sector Plan.  He noted that a group of property owners agreed to partially fund the Sector Plan in a public/private partnership with the County and formed a corporation to fund the consultant services that needed to be obtained to complete the Master Plan for the Sector Planning Area.  He stated that the name of the corporation was South Lake Community Planning Funds, Inc. and the sole purpose was to fund the Sector Plan study.  He listed the contributing property owners to the corporation but mentioned that staff did not take note of how much each individual contributed.  He reported that the corporation, which consisted of 19 property owners representing 11,400 acres and approximately 100 parcels, raised $175,000 to match the County’s $50,000 contribution with the understanding that, once the Sector Plan was complete, the County would initiate the Comprehensive Plan amendment to incorporate the Sector Plan.  He specified that the County would manage the contract and invoice control for the consultant and that the funds were escrowed with the Clerk of Courts.  He added that community meetings would be conducted to obtain public input and the County would provide monthly status updates to the property owners.  He then discussed the procurement process for the Sector Plan, stating that a pre-proposal meeting would be held with interested planning firms before the request for proposal (RFP) was issued.  He specified that the contract would be awarded on a “best value” basis and that they were looking for firms experienced with Developments of Regional Impact, Comprehensive Plans, and/or Sector Plans as well as knowledgeable about Lake County.  He added that the County’s reciprocal purchasing provision would be followed.  He stated that the Procurement Selection Committee was comprised of staff members from Economic Development, Public Works, Growth Management, Conservation and Compliance, and Public Resources.  He informed the Board that the next step would be the issuance of the RFP once the funds were placed in an escrow account, followed by the pre-proposal conference, proposal review, selection, and BCC approval of the final contract.  He requested that the Board approve the funding agreement, initiate the RFP once funds have been deposited with the Clerk of Courts, and accept unrealized revenue of up to $225,000.

Commr. Cadwell asked if the RFP could be edited after the pre-proposal conference with interested firms.

Mr. Heath replied that they would be following the same process that had been conducted for Solid Waste Management where staff met with the haulers and created a draft RFP that would be sent out for comments.

Commr. Cadwell requested to review the RFP after it was drafted.

Commr. Hill remarked that she did not see a financial component to the Sector Plan.

Mr. Heath explained that the financial component was something they wanted a consultant to come up with because when other local governments had conducted Sector Plans they had struggled with the financial component.

Commr. Campione agreed with Commr. Hill that the financial component needed to be evaluated and options looked at to determine feasibility.

Commr. Hill mentioned that they did not want to end up with a piecemeal look to the infrastructure.

Commr. Parks asked if Commr. Hill was questioning what the cost might be for infrastructure.

Commr. Hill clarified that her question pertained to all of the components of the Plan.

Commr. Campione replied that the Plan could be looked at in phases.

Commr. Parks noted that they could no longer go to the State to ask for money for roads unless there was a plan behind the road explaining how the project would create jobs.

Commr. Campione opined that the Sector Plan would show that jobs would be brought in and would justify asking the State to help fund the road projects but that they needed to also look at the financial feasibility of the project.  She then asked how many of the property owners within the entire Sector Plan area would participate.

Commr. Hill asked how many property owners would opt out.

Mr. Jim Karr, a member of the South Lake Community Planning Fund, Inc. Board of Directors, replied that about 11,400 acres were committed to the Sector Plan and about 1,500 acres were not committed.  He explained that there were a lot of small five-acre tracts that the Corporation did not try to include because they would probably want to stay the way they were.  He stated that they originally contacted 23 property owners.  He mentioned that there were 111 actual parcels and that about 100 parcels were committed.

Commr. Cadwell asked if, once those 100 parcels were committed, it made sense when plotted on a map.

Mr. Karr answered that it did make sense.

Commr. Parks commented that there was a presentation that the West Orange/South Lake Transportation Task Force had put together as a way to brand Wellness Way.  He encouraged the other commissioners to watch the presentation.

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the agreement with South Lake Community Planning Fund, Inc. to fund the Sector Plan Study, approved to initiate the RFP once funds have been deposited with the Clerk of Courts, and approved Resolution No. 2012-84 accepting unrealized revenue of up to $225,000.

public works

contract regarding hazardous waste disposal

Mr. Jim Stivender, Public Works Director, addressed the Board regarding a contract for hazardous waste disposal services.  He stated that the item had been placed in the wrong part of the agenda.

On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved awarding contract RFP 12-0815 for Hazardous Waste Disposal Services to EQ Florida, Inc., Tampa, Florida.

other BUSINESS

appointments to lake county arts and cultural alliance

On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the reappointment of Mr. Keith Mullins from the City of Clermont, Ms. Amy Painter from the City of Leesburg, and Ms. Kelly Price from the City of Minneola to the Lake County Arts & Cultural Alliance to serve two-year terms ending July 31, 2014; and the appointment of Ms. Barbara Krull from the City of Mascotte to serve a one-year term ending July 31, 2013.

creation of Sports development representative position

Commr. Cadwell explained that the Sports Development Representative Position would internally handle events that were not big enough for the Sports Commission.  He emphasized that it was about networking.

Commr. Campione added that the representative would be responsible for helping to make the connection between people coming into the County for sporting events and local hospitality businesses such as hotels, transportation, and restaurants.  She asked staff to research the economic impact on hotels and restaurants from the tournaments and sporting events the County was currently attracting.

Commr. Cadwell mentioned that Mr. Blankenship was setting up a mechanism to study that economic impact.

On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the request from Economic Development and Tourism for authorization to create, recruit and fill one Sports Development Representative Position within the Office of Economic Development and Tourism.

REPORTS – COMMISSIONER HILL – vice-CHAIRMAN AND DISTRICT 1

recent federal legislation’s effect on the county

Commr. Hill asked if the Board could receive an update on the State’s case on Medicaid payments by the County and also how the Obamacare Law would affect the County, if at all.

Mr. Gray replied that there would be a presentation on the Medicaid backlog during the August 14, 2012 BCC meeting and Commr. Hill’s questions could be addressed then.

Commr. Campione remarked that the backlog issue would affect the County this budget cycle and however many future budget cycles it took for the backlog to be paid off.  She added that, while the number of Medicaid applicants continued to rise, the amount of federal funding for Medicaid had been reduced and the amount of funding supplied by local governments had increased.

Commr. Hill added that staff might want to get input from the hospitals because the hospitals would not be able to submit the financial application for assistance to patients for up to eight months, since that was how long patients had to submit the form.  She commented that it was very confusing trying to figure out what the hospitals could do and she did not know who could pick up the slack for the eight months a patient has to submit their financial application for assistance form.

Miami-dade resolution regarding “pink slime”

Commr. Hill reported receiving an email from Miami-Dade County regarding a resolution against “Pink Slime” in meat products.  She asked if the Board wanted to include themselves in a resolution requesting the ban of “Pink Slime” in meat products or, at the least, properly marking food products that contain it.  She remarked that it was something the Board should think about and it did not need an immediate decision.

reports – commissioner parks – district 2

kids against hunger food drive presentation

Commr. Parks stated that there would be a small ceremony recognizing the efforts to collect food for children in need in the County on behalf of Kids Against Hunger at 3:00 p.m.

sand skinks in South Lake County

Commr. Parks reported that he had met with Congressman Daniel Webster to discuss the issue of sand skinks in South Lake County.  He stated that a project in urbanized South Lake County near Clermont had been put on hold and might be canceled because of the issue with sand skinks on the property.  He noted that sand skinks were on the endangered species list, which was the cause for the problem, and so Congressman Webster was going to work with the County to resolve the issue.

impacts of Florida Constitutional Amendment 4

Commr. Parks asked if there had been any consideration to the possible impacts of Florida Constitutional Amendment 4, which pertained to property values.

Mr. Gray replied that it would negatively impact the County’s budget and stated he would provide Commr. Parks with more information after the meeting and would bring more information to the next BCC Meeting.

reports – commissioner conner – district 3

Emergency Operations Center management models

Commr. Conner requested that staff give a presentation on different management models for the Emergency Operations Center (EOC) in order for the Board to determine what the best management model would be for the Lake County EOC.

Commr. Cadwell commented that no matter who managed the EOC in the event of a disaster the BCC would be held responsible.  He added that letting a different entity control the EOC would result in another part of the budget that the Board did not have total control over.

Commr. Conner explained that it should be looked at because of the possibility of a duplication of services.

Commr. Campione agreed that they should look at anywhere there might be a duplication of services and agreed that it would be worthy of an analysis.

Commr. Parks stated that he would be interested in seeing what other management models there were.

reports – commissioner cadwell – district 5

judicial center sidewalk

Commr. Cadwell reported that a new sidewalk had been opened between the parking garage and the Judicial Center that was a more direct route for pedestrians to use and would help prevent people from jaywalking.

REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4

Inoperable vehicles in yards

Commr. Campione reported receiving complaints regarding inoperable vehicles being stored in people’s yards.  She remarked that there was no requirement for current registration on those vehicles and some people were not registering their cars because of financial hardship.  She suggested the Board consider taking a look at options to mitigate this issue.

Commr. Cadwell suggested looking at what some of the municipalities had done to deal with the issue in order to gather more information.

economic development forum in Austin, Texas

Commr. Campione reported that the Board had received an invitation from the Metro-Orlando EDC to participate in an economic development forum in Austin, Texas.  She remarked that some of the other counties invited were sending elected officials and suggested that the Board send Mr. Gray and Mr. Scott Blankenship, Economic Development and Tourism Director, as representatives of Lake County.

Commr. Parks requested to see the schedule for the forum.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:56 a.m.

 

_________________________________

leslie campione, chairman

 

 

ATTEST:

 

 

 

________________________________

NEIL KELLY, CLERK