A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
august 14, 2012
The Lake County Board of County Commissioners met in regular session on Tuesday, August 14, 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 Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Reverend Karen Burris from the Morrison United Methodist Church gave the Invocation and led the Pledge of Allegiance.
Mr. Darren Gray, County Manager, requested to postpone Tab 34, the presentation regarding the Medicaid Backlog Assessment, until the August 28, 2012 BCC meeting.
Mr. Minkoff mentioned that he wanted to add a discussion under his business regarding the evaluation form.
Commr. Hill requested to place an item under her business regarding the appointment to the MetroPlan Orlando Transportation Funding Task Force.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the appointment to the MetroPlan Orlando Transportation Funding Task Force was added to the agenda.
Ms. Mary Makovec, Human Resources Manager, presented the following employee awards:
Jay Boleyn, Traffic Signal Technician
Public Works/Engineering Division
Patricia Fillman, Office Associate II
Public Safety/Emergency Management Division
Virginia Romiti, Probation Officer
Conservation & Compliance/Probation Services Division
Amy Stultz, Librarian II (not present)
Public Resources/Library Services Division
Charles Wright, Roads Maintenance Operator
Public Works/Road Operations Division
John Zornes, Equipment Operator III
Public Works/Road Operations Division
James Green, Mechanic II
Fleet Management Division
Richard LeBlanc, Architect IV
Facilities Development & Management
Jimmy Scott, Construction Inspector II
Public Works/Environmental Services Division
Mr. Jim Stivender, Public Works Director, presented the following award, commenting briefly about her service to the County:
Deborah Tinis, Financial Coordinator (not present)
Public Works/Environmental Services Division
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Minutes of June 26, 2012 (Regular Meeting) and July 10, 2012 (Regular Meeting) as presented.
citizen question and comment period
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, addressed the Board regarding Tab 17, the request to extend an agreement between Lake County and Quest Ecology, Inc. for development of a Habitat Conservation Plan, and stated that this was an example relating to Agenda 21 of sustainable development and activities by people to try to restrict land rights by increasing restrictions on land usage. He pointed out that the Habitat Conservation Plan would cover 6,900 acres of scrub habitat that was supposed to be used by several endangered species including skinks, gopher tortoises and scrub jays, as well as 12 endangered plants. He noted that the plan would create a committee which would be comprised of mostly environmentalists, government agency staff, and only two landowners, but there would not be any taxpayer groups. He suggested that the Tab be pulled and discussed at a later date during a public hearing.
Ms. D’Ayn Sayre, a resident of Umatilla, expressed her concerns about the number of pets that were euthanized at Lake County Animal Services.
Ms. Halie Weber, a resident of Groveland, also expressed her concerns about the number of pets that were euthanized at Lake County Animal Services. She indicated that the number of dogs and cats that entered the animal shelter needed to be reduced and the unnecessary euthanasia of healthy dogs and cats should be stopped. She suggested that the County offer an affordable spay and neuter program for the citizens of Lake County.
Commr. Parks mentioned that he would like to discuss what a spay and neuter program was at a future meeting and receive information on what the County currently had in place and what programs other counties had implemented.
Commr. Campione commented that she was in favor of receiving additional information from staff to find out different options and what the costs would be because she would like to find a solution to the problem.
Mr. Kent Weber, a resident of Groveland, mentioned that the youth in the community recognized that there was a major problem with the number of dogs and cats that were euthanized at Lake County Animal Services. He opined that sterilization was the solution, not euthanization.
Mr. Tony Rosado, Mayor of the City of Mascotte, spoke in regards to Tab 19 and 20, the requests to terminate the Interlocal Agreements for Fire Rescue Services with the Cities of Mascotte and Groveland. He noted that it showed there would be a savings to the County but he wanted to know whether the cost to provide those services would be greater than what the County was currently paying to those cities. He indicated that many residents were concerned about what would happen with the fire rescue services and mentioned that the Bay Lake Road station only provided basic life support services and not advanced life support services so if a call came in after 7:00 p.m., the station in Groveland would have to respond. He asked for more information on what the County’s plan was for providing those services to the residents in those areas.
Mr. Gray stated that staff has had discussions with the Cities of Mascotte and Groveland over the past year and that they planned to terminate the agreements last year but they wanted to give the cities extra time to prepare. He explained that staff strongly believed that the Bay Lake station could handle the calls because they planned to move some staff around and move some paramedics into that station to provide the advanced life support services. He added that staff would monitor the station and would make adjustments if there happened to be a reduction in the level of service.
Mr. Stephen Fisher, a resident of Paisley, explained that he owns a group of five parcels in the R-7 zoning district, which is mixed residential district, and he wanted to remove some trees on his property in order to create a garden, but because that zoning district only allows single-family and multi-family housing, he was told by County staff that he could only remove the camphor trees and nothing additional since he was not building a single-family home and the lot was not part of a developed parcel. He noted that he was also told that a variance request application and a special exception would cost him a lot of money and those would not be approved anyway. He added that staff recommended that he unify title to certain properties and to replace the trees that were removed at his expense but that option was not guaranteed either. He asked the Board to consider making a minor change to the R-7 zoning regulations so that he could remove some trees on his undeveloped parcels.
Mr. Gray stated that he would follow up with staff on the request.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 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 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.
Greater Lakes/Sawgrass Bay Community Development District’s FY 2012-13 Budget
Request to acknowledge receipt of the Greater Lakes/Sawgrass Bay Community Development District’s Fiscal Year 2012-13 budget in accordance with Section 190.008(b), Florida Statutes, which has also been posted on the Lake County website.
Estates at Cherry Lake Community Development District’s FY 2012-13 Budget
Request to acknowledge receipt of the Estates at Cherry Lake Community Development District’s Fiscal Year 2012-13 budget in accordance with Section 190.008(b), Florida Statutes, which has also been posted on the Lake County website.
City of Fruitland Park Ordinance
Request to acknowledge receipt of Ordinance 2012-024 from the City of Fruitland Park consenting to the inclusion of the City of Fruitland Park within the county-wide Municipal Service Taxing Unit (MSTU) for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners.
Town of Lady Lake Ordinances and Resolutions
Request to acknowledge receipt of Ordinances and Resolutions from the Town of Lady Lake as follows:
Ordinance No. 2012-09: amending Ordinance No. 2009-17, requesting amendment of the Memorandum of Agreement for property owned by Oak Street Property, LLC, Imagine Properties of Lake County Inc., Yellow Cab of Central Florida, Inc., and Sackrider Enterprises Inc.
Ordinance No. 2012-10: amending the Town of Lady Lake Land Development Regulations pertaining to Landscaping.
Ordinance No. 2012-11: amending the Code of Ordinances and replacing Ordinance No. 2010-23 in its entirety.
Ordinance No. 2012-12: amending Ordinance No. 2008-31, requesting amendment of the Memorandum of Agreement for property owned by Sabal 37 LLC & Sabal Palm Ventures, LLC.
Ordinance No. 2012-13: suspending the collection of supplemental educational assistance fees retroactively from April 1, 2012 through April 1, 2013.
Resolution No. 2012-104: granting a special permit use for an electronic message board/marquee sign to be located on property owned by Gore Property Management, LLC.
Resolution No. 2012-105: granting a variance to allow several colors besides amber or similar but not more than one color per display on the electronic message board/marquee sign located on property owned by Gore Property Management, LLC.
Deer Island Community Development District’s FY 2013 Proposed Budget
Request to acknowledge receipt of a copy of the Deer Island Community Development District’s Proposed Operating Budget for Fiscal Year 2013, along with a cover letter dated July 19, 2012. The District’s public hearing originally scheduled for August 20, 2012 has been rescheduled for August 13, 2012 at 6:00 P.M. at the Deer Island Clubhouse, 18000 Eagles Way, Deer Island, Florida.
Proof of Publication of Unclaimed Moneys
Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those non-court related moneys advertised less claims and publication costs. $17,593.50 will be advertised. Non-court related unclaimed moneys of $3,216.73 less amount claimed and publication costs will be paid to the Board before September 30, 2012.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Conner asked, regarding Tab 15, if local companies were contacted and given the opportunity to submit a bid for that project because he found it unusual that no Lake County roofing companies submitted bids.
Mr. Gray responded that there were many local businesses that were registered in the system and all of those were automatically notified. He added that the project was associated with the energy grant and since there were a lot of strings attached to the project that may have been the reason the local businesses did not submit bids.
Commr. Campione asked, regarding Tab 17, if the intent to extend the agreement was so that the Board would have additional time to decide whether or not to move forward with the Habitat Conservation Plan.
Mr. Gray answered that they were currently collecting data and were looking at the scope and would bring all that information back to the Board for a presentation to determine whether or not to move forward with it.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 27, as follows:
Request for approval of the 2007 Amendment to Grant Agreement Shelter Plus Care to utilize the remaining funds awarded for this project. The fiscal impact is $214,000.00.
Conservation and Compliance
Request for approval of Satisfaction & Release of Fine for Property Owner: Wendy Dunn, Case# 2007030317. The fiscal impact is $250.00.
Request for approval of termination of interlocal agreements with the cities of Lady Lake and Mascotte pertaining to petroleum storage tank plan review. There is no fiscal impact.
Request for approval of Release of Fine for Property Owner: Winfred C. Williams & Glori A. Thibert (Case# 2009050191). There is no fiscal impact.
Request for the Board to (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 for approval of Unanticipated Revenue Resolution No. 2012-91 for the receipt of funds from the Help America Vote Act (HAVA) for the Supervisor of Elections Office. The fiscal impact is $33,184.00.
Economic Development and Tourism
Request for approval and execution of the Special Use Authorization Agreement provided by the St. John’s River Water Management District for our Wings and Wildflower Festival.
Request for approval of a High Value Job Creation (HVJC) Program Award in the amount of $19,000.00 to Vista Clinical Diagnostics, for the creation of (6) six qualifying positions and approval and signature on the HVJC Program Agreement with Vista Clinical Diagnostics, and the Lake County Board of County Commissioners.
Request for approval and signature on the Interlocal Agreement with the City of Eustis and the Lake County Board of County Commissioners for annual funding to assist with the operation of the North East Lake Business Opportunity Center. The fiscal impact is $19,200.
Facilities Development and Management
Request for approval to award contract 12-0222 to Hill York Service for replacement of filtration components in two County-owned cooling towers located in the Central Energy Plant. The fiscal impact is $36,680.
Request for approval to award contract 12-0227 to Ryan Fitzgerald Construction Inc. for facility improvements at the Area 2 Road Maintenance facility. The fiscal impact is $34,936.
Request for approval of the budget change request in accordance with U.S. Department of Energy approval. There is no fiscal impact.
Request for approval to award contract 12-0216 for roof preparation and coating on the County Administration Building to Professional Roof Systems. The fiscal impact is $45,000 (100% grant funded).
Request for approval to award contract 12-0225 to PAQCO, Inc. for installation of additional courts and walkway at PEAR Park. The fiscal impact is $149,330.
Request for approval to extend an agreement between Lake County and Quest Ecology, Inc. for development of a Habitat Conservation Plan (contract 11-0217), which expires on August 26, 2012, for an additional two (2) years; 2) authorization to Procurement Services Director to execute a document implementing the contract extension; and 3) authorization to staff to submit a revised scope of work to the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) for their approval and determination as to its compliance with the terms of the original grant agreement. There is no fiscal impact.
Request for approval of the attached First Amendment to the agreement with the School Board of Lake County to install a generator and related infrastructure at Spring Creek Elementary School, Paisley, FL.
Request for approval to terminate the contractual Interlocal Agreement for Fire Rescue Services with the City of Mascotte. The recommended action will provide a savings of $65,324 for the first year and an annual savings thereafter of $78,388.
Request for approval to terminate the contractual Interlocal Agreement for Fire Rescue Services with the City of Groveland. The recommended action will provide a savings of $76,152 for the first year and an annual savings thereafter of $91,382.
Request for approval and signature for the County to enter into an Interlocal Agreement with the City of Umatilla to cost share 25% of the Phase 1 design and permitting of the Lake Yale Drainage Basin Priority #4 Project. The fiscal impact is $36,575.00. Commission District 5.
Request for approval and signature of the Dead River Stormwater Pond Florida Department of Environmental Protection Grant Amendment 1 to extend the grant to May 2014. There is no fiscal impact. Commission District 3.
Request for approval and signature of an agreement with the Lake-Sumter MPO and Sumter County and the municipalities of Astatula, Bushnell, Clermont, Coleman, Eustis, Fruitland Park, Groveland, Howey-in-the-Hills, Lady Lake, Leesburg, Mascotte, Minneola, Montverde, Mt. Dora, Tavares, Umatilla, and Wildwood, for the funding of the Transportation Management System (TMS). The fiscal impact is $68,949.
Request for approval and execution of an amendment to Section IV of the Purchase Agreement with Haines Creek Church of God of Leesburg dated April 10, 2012, to extend the closing date to September 28, 2012, to allow time to secure the satisfaction or partial release of mortgage from SunTrust Bank. There is no fiscal impact. Commissioners District 3.
Request for approval and execution of a Right of Entry Agreement with Pine Ridge Dairy, Inc., to allow Lake County to perform soil borings for a proposed alternate pond location analysis for the C466A Road Project in the Fruitland Park area. There is no fiscal impact. Commission District 5.
Request for approval and execution of a Purchase Agreement with Cathye Jones Bouis for right of way for the C466A Road Project in the Fruitland Park area, and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing. The fiscal impact is $70,000.00.
Request for authorization to accept the final plat for Caballo Estates and all areas dedicated to the public as shown on the Caballo Estates plat. Caballo Estates consists of 4 lots and is located in Section 33, Township 19 South, Range 24 East. Commission District 1. There is no fiscal impact.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 28 through 30, as follows:
Request for approval and execution of the lease agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc. for use of the Lake County Expo Center/Fairgrounds and buildings from March 29, 2013 through April 17, 2013.
Request for approval to cancel the Mortgage and release the Note executed by Donald and Wendy Thompson on February 4, 2003, and recorded at O.R. Book 2258, Pages 2162 through 2170, upon receipt of the $5,000 payment. Fiscal Impact: The original loan amount was $20,000; recovery will be $5,000.
Request for approval of Revocable Non-Exclusive License Agreement Between Lake County and Scott A. Strong Family - II, LLC, for a document drop box for citizens to drop off documents required to be recorded in the Public Records of Lake County. There is no fiscal impact.
Open Table Probation Project
Mr. Gregg Welstead, Conservation and Compliance Director, gave a presentation regarding the Open Table Initiative with the Probation Department. He explained that places of worship and individuals on probation were scattered throughout Lake County and that most of the religious organizations were charity and were associated with food banks and homeless shelters. He also noted that chaplains were placed in jails and prisons to minister to the individuals and once those individuals served their time, they came back into the community and back to their families. He then introduced Mr. Tony Deaton, Chief Probation Officer, to continue the presentation.
Mr. Deaton stated that the Open Table Initiative was a model implemented in Lake County in partnership with the community at no cost to government and that it did not require offenders to have any particular religious beliefs. He indicated that all probation offices experienced the same challenges with having a constant flow of people coming out of jails and courtrooms and into the probation offices and that the cost to taxpayers when people violated probation was significant. He noted that their office was always looking for new and innovative ways to improve probationer outcomes and related that at the American Probation and Parole Association Conference in Orlando last year he viewed a presentation from a non-profit group called Open Table that was a poverty transformation model showing that there was a tremendous correlation between poverty and crime. He noted that staff met with many of the local churches and community partners for support and specified that the model could help improve probationer success and lower recidivism which would result in fewer crime victims and greater public safety. He then introduced Mr. Jon Katov, the Founder and CEO of Open Table.
Mr. Katov first thanked Lake County Probation, First United Methodist Church of Tavares and Morrison United Methodist Church for their role in being pioneers for a probation model in Florida and nationally. He explained that Open Table was an evidence-based, civic engagement model that brought together faith based communities and government in a non-financial relationship to increase the capacity of assisting and transforming people in poverty in the community. He remarked that the poverty rate in America had not changed in 45 years and that America was more intent on poverty maintenance rather than helping those individuals get out of poverty. He pointed out that the model included 10 to 12 members of the faith community, along with a brother or sister and together they build a business plan that includes life functional areas such as housing, healthcare, finance, and transportation. He added that by working together they gather their resources and available time and create transformation. He noted that Open Table also partnered with psychology research centers, as well as mental health and behavioral community agencies to develop assessments to decide which individuals were ready to take advantage of Open Table. He mentioned that Open Table was about long-term relationships, helping the individuals build trust and confidence, and networking within the community. He specified that Open Table has worked with the City of Phoenix and the results of that model indicated that for every dollar that was invested in the families, the families had a benefit of $7.44 and that the total value of the investments, which included volunteer hours, goods and services, and capital, amounted to $45,000.
Mr. Mike Dwyer with Lifestream Behavioral Center discussed the three E’s of the model, which was empowerment, evidence based practice and effective partnership. He stated that the model was empowering brothers, sisters and their families to live a quality life through instruction, support, and opportunity and that the members of the table had invaluable life experience to teach the individuals. He added that it was also an opportunity to find safe and affordable housing, a way to find employment to become self-sufficient, and an opportunity to build relationships within the community. He mentioned that evidence based practice was an intervention based on research, science and data that showed desirable outcomes for a person’s life plan. He noted that the model used the stages of change to help the individuals actively work on their goals and move forward. He related that effective partnership was important to the success of the individuals and that he was looking forward to developing more partnerships for the model.
Reverend Karen Burris, Associate Pastor with Morrison United Methodist Church, explained that the members of the table do their best to support, encourage and guide the individuals so that they could change their life for the better and would not end up back in poverty or in the criminal justice system. She expressed that the program was great and that it had been phenomenal to see the relationships develop and to see the changes being made. She added that it was an opportunity to make a difference and make Lake County a better and safer place to live.
Mr. Deaton concluded the presentation stating that the vision of the Open Table model was to continue relationship building efforts with the faith partners in the community and to challenge the community to help launch 10 tables over the next year. He related that the plan was to also expand community partnerships to further develop Lake County as a model for other communities, to build greater community support and volunteerism through ongoing civic engagement opportunity, and to engage research partners to evaluate return on investment and model effectiveness.
Commr. Conner expressed that the model was very successful because the root of the problem was being fixed. He opined that the faith based component of the model was important and that he would like for the Board to lend their support as much as they could.
Commr. Campione mentioned that there was a program currently in Lake County called Community Coach that works with young kids in teen court on life skills and life coaching so that they do not become part of the ongoing criminal justice system. She pointed out that it seemed as though a safety net had been created that promoted a generational dependency as opposed to giving life skills and life coaching. She expressed that it was a great model and she was glad they had a community that was very supportive of it.
RECESS AND REASSEMBLY
The Chairman announced that there would be a ten-minute recess at 10:25 a.m.
ordinance regarding pain management clinics
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA RELATING TO PAIN MANAGEMENT CLINICS; AMENDING SECTION 14-101, LAKE COUNTY CODE; EXTENDING A MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR NEW PAIN MANAGEMENT CLINICS UNTIL FEBRUARY 28, 2013; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.
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 5-0 vote, the Board approved Ordinance No. 2012-54 Amending Section 14-101, Lake County Code, Extending the Moratorium on the Issuance of New Business Tax Receipts for Pain Clinics.
2013-2017 Transportation Construction Program
Mr. Jim Stivender, Public Works Director, gave a presentation regarding the 2013-2017 Road Impact Fee Transportation Construction Program, the 2013-2017 Federal/State Grants Transportation Construction Program, and the 2013-2017 Renewal Sales Tax Capital Projects - Road Transportation Construction Program. He first discussed the road inventory and resurfacing and stated that there were 1,391.37 miles of County maintained roads in Lake County and of those 1,243.06 miles were asphalt, 119.93 miles were clay, 26.55 miles were double surface treated, 1.68 miles were concrete, 0.15 miles were brick, and there were currently 27 bridges in Lake County. He noted that there had been a decline in clay roads over the last several years but at the current rate, it would still take 40 years to pave every clay road in Lake County. He explained the PASER system, which rates the condition of the roads, and pointed out that the roads were rated every year to determine the priority ranking for which type of surface improvement could be done according to budgeted funds. He mentioned that a level one meant it was a failed road in need of reconstruction and a level 10 meant it was an excellent road. He added that if a road was rated at a level six, the road would need to be micro-surfaced, and if a road was rated at a level four, the road would be considered for resurfacing. He related that in 2007, 55 percent of the roads needed resurfacing, but with the sales tax dollars committed to resurfacing and the ARRA dollars, the percentage decreased to 47 percent by 2011. He indicated that the roads currently rated at a level six would cost $9.5 million to micro-surface, the roads currently rated at a level four would cost $4.1 million to resurface, and paving the remaining clay roads would cost $63 million. He then discussed funding and noted that the funding sources included the Transportation Trust Fund (Gas Tax), which was the main funding source for operations and maintenance; the Renewal Sales Tax, which was used for capital resurfacing projects; the Road Impact Fees; and the Grants and Aids/General Fund/MSTU Roads. He indicated that the requirements for applying for grants and aids have become more stringent and costly so it has become more difficult to apply. He stated that by August 31, 2014, the first and second cent of the six cent local option gas tax would be expiring and the Board would need to make a decision on renewing the existing pennies. He also mentioned that the County shares the six cents with the cities and that it was distributed based on the population and the road miles and as the cities grow, they received a higher distribution percentage. He went over the funded road program and noted that the 2005-2009 road program was around $92 million, but the 2013-2017 road program was only around $45 million.
Mr. Stivender then discussed the 2013-2017 transportation construction program and showed a list of the projects associated with the federal and state grant funds which included constructing paved shoulders on CR 450 from Marion County to Lake Yale Road, improving the intersection of Collins Street and SR 19, and constructing Phase IIIA of the South Lake Trail. He pointed out that funds were no longer available in road impact fee district 1 or 4 and he then showed a list of projects in road impact fee district 2, 3, 5 and 6 which included constructing a four-lane road on SR 44 from 441 to Orange Avenue, widening CR 470 from Sumter County to C-33/C-48, constructing a new four-lane road on Hancock Road from C-50 to Fosgate Road, and widening and resurfacing CR 565 from Bible Camp Road to Simon Brown Road as well as Bible Camp Road from CR 565 to SR 19. He then showed a list of projects associated with the renewal sales tax capital projects which included widening SR 44 from CR 452 to CR 19A, constructing a left turn lane on CR 466 for emergency vehicles only, making safety improvements to Hancock Road from SR 50 to C-50, constructing a sidewalk on Johns Lake Road from Lost Lake Elementary to Hancock Road, and redesigning and rehabilitating Orange Avenue from Rose Street to CR 450. He pointed out that there was about $1.8 million set aside per year for the next five years for resurfacing roads and half a million dollars set aside for next year for retrofitting existing sidewalks to be in compliance with the Americans with Disabilities Act. He related that the renewal infrastructure sales tax fund was up for renewal in December 2017 and that it would need to be put on the ballot in 2016 for the voters to vote on. He added that the funds were split between the municipalities, the School Board and the County and that a portion of the County’s funds goes to Public Works for transportation and resurfacing. He then discussed the unfunded road program starting with South Lake County and explained that the projects in that area totaled $118 million. He reviewed a list of those projects which included widening SR 33 from SR 50 to Underpass Road, realigning the 455 Howey Heights Curve, widening SR 50 from US 27 to North Hancock Road, paving Lake Nellie Road, installing traffic calming devices on Lakeshore Drive from Hammock Ridge Road, and the Wellness Way construction. He stated that the projects in North Lake County totaled $85 million and he then reviewed a list of those projects which included widening and intersection improvements for 466A Miller Street from Sumter County to 27/441, widening Gray’s Airport Road from Griffin View Drive to Lake Griffin Road, paving Palm Avenue from North Buckhill Road to East Revels Road, widening Rolling Acres Road from Lake Ella Road to C-466, and paving Turkey Lake Road from Dewey Robbins Road to Number Two Road. He noted that the projects in East Lake County totaled $37 million and he then reviewed a list of those projects which included widening 19A from SR 19/US 441 ramp to Old 441, improving the intersection of Old 441 with Lakeshore Drive, widening CR 561 from Bates Lane to Palm Drive, widening David Walker Drive from Mt. Homer Road to Kurt Street, widening Estes Road from 44 to 44A, and widening and constructing a sidewalk on Woodlea Road from Lane Park Road to SR 19. He also indicated that there were six sidewalks and two trails that were needed that were currently unfunded and those projects totaled $3 million. He remarked that it would cost $245 million to complete all of those projects and that in the County’s best years it would still take 15 to 20 years to construct the program.
Commr. Campione asked if there were any other ideas to help fund those projects.
Mr. Stivender replied that other types of funding sources similar to impact fees have been discussed, but it would be tied to growth and without growth it would be hard to get a revenue stream.
Commr. Cadwell remarked that they could dedicate a large portion of the penny tax to transportation if the citizens decided to renew that.
Mr. Stivender commented that the unfunded program was almost $450 million but they cut a lot of the projects that were tied to growth issues because those did not currently exist. He added that the current unfunded program was tied to existing needs.
Mr. Stivender then discussed non-County maintained roads and pointed out that to date the County had spent almost $30,000 on the maintenance of roads, which was significantly lower than what was spent last year. He noted that there were 1,926 miles of non-County maintained roads, but over 1,000 miles of those roads had insufficient right-of-way. He indicated that there would be a one-time cost of $12,157,155 to place six inches of clay on all of those roads and the annual cost to maintain those roads would be $926,185. He stated that there were many challenges with non-County maintained roads including lack of public right-of-way, little support of the project, the improvements were too costly for property owners even with County contribution, and there was no dedicated funding source. He commented that the roads were still made passable for emergency vehicle access. He then discussed the Special Assessment Program and explained that the program assisted property owners who wanted to upgrade their road, but that the road must be on the eligibility list and have a 50 foot minimum public right-of-way. He noted that 55 percent of the property owners with 55 percent front footage must support the petition and that property owners had 30 days to pay the full assessment with no interest. He mentioned that unpaid balances were placed on the tax bill as a non-ad valorem assessment, the interest rate could not exceed two percent over prime, and the assessment could be paid in installments over a 10 year period. He then gave an update on the transfer of roads to the cities and stated that the process was started over a year ago and that there were 108 miles of local roads with 51 percent or greater located within city limits. He related that the types of recommended improvements included rebuilding, resurfacing, and micro-surfacing and that some of the roads needed no improvements at all. He also indicated that they have held multiple meetings with every city and that field checks and transfer agreements have been completed for almost all of the cities.
Commr. Hill asked what kind of analysis was completed to determine which roads were included in the program.
Mr. Stivender replied that staff field checks all of the roads on the maintenance system once per year and they submit an inventory report to Tallahassee every year detailing which roads were paved, which were clay and which have been surface treated. He added that they did look at traffic counts, peak hours, and safety issues and when determining which roads needed resurfacing they used a 75/25 split meaning that 75 percent of their focus was on the busiest roads and 25 percent was on the smaller, local roads in subdivisions.
Ms. Pam Richmond with Lake-Sumter MPO stated that the County and the MPO have been working together on the projects and that at the MPO’s Board meeting on August 22 they would be presenting their list of priority projects and that list reflected the significant regional County roads.
Commr. Campione asked if the Board could contribute an additional share for the special assessment program if a resident wanted a road paved and they had support from their neighbors but it was still too costly for them.
Mr. Stivender answered “yes,” adding that there have been several cases where the County’s share was 50 percent or more because it was determined to be a good project.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Parks explained that he wanted the Board to have a discussion in the future about long-term funding for transportation needs so they could determine how they planned to meet the unfunded needs. He indicated that he wanted to discuss the Board’s stance on renewing the two cent local option gas tax, whether they planned to continue to extend the moratorium on impact fees, what the cities’ stance was on renewing the five cent local option gas tax, whether it was feasible to have a County-wide MSTU just for transportation, whether the School Board could help fund safety needs around schools, and to look at another option to fund transportation by creating a utility assessment fee.
Commr. Campione commented that if the Board decided to do anything different, they should make sure it was fair because she was hesitant to create something that was interpreted as a new tax. She added that she did not want to raise the cost of living for the residents but that it was wise to start talking about all of those issues.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the 2013-2017 Road Impact Fee Transportation Construction Program, the 2013-2017 Federal/State Grants Transportation Construction Program, and the 2013-2017 Renewal Sales Tax Capital Projects - Road Transportation Construction Program.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
third quarter financial report for fy 2012
Mr. Steve Koontz, Budget Director, gave a presentation regarding the results of the third quarter for Fiscal Year 2012 as compared to last year. He first discussed the revenue status and reported that the ad valorem decreased from $12.3 million to $9.8 million, the fire rescue non ad valorem assessment decreased from $2.9 million to $2.4 million, the solid waste disposal assessment decreased from $1.9 million to $1.8 million, and the state sales tax decreased from $3 million to $2.8 million. However, he stated that the infrastructure sales tax increased from $2.8 million to $2.9 million. He then discussed the expenditure status and mentioned that the departments were doing well on the expenditures and that all expenditures, except for the debt service, were under 75 percent of the budget. He related that he was keeping track of the Medicaid and inmate medical expenditures since those have been higher than expected. He then summarized that the County was meeting expectations, property taxes were lower as expected, the sales tax revenues were on target, and the overall spending was on target and below last year. He reported that the County had 741 positions in the adopted FY 2012 budget and that 699 were filled and 42 were vacant. He pointed out that Lake County’s unemployment rate had increased to 9.4 percent in June from 8.8 percent in May and that the permitting for single family homes had increased by 39 percent as compared to the third quarter of last year. He also noted that according to the Realtors Association, traditional homes sales and the median sales price increased as compared to June 2011 and that the number of foreclosures and short sales had declined. He concluded the presentation stating that the budget public hearings were scheduled for September 11 and September 25 at 5:05 p.m.
reports – county attorney
agreements with florida central railroad company, inc.
Mr. Minkoff stated that the first agreement, which was between Florida Central Railroad Company, Inc., Lake County and the cities of Umatilla and Mount Dora, provided a mechanism so that Florida Central would agree to abandon its lease for the current trail and right-of-way which runs from Mount Dora to Sorrento and beyond. He noted that the second agreement, which was between Florida Central Railroad Company, Inc., Lake County and the cities of Eustis, Mount Dora, Tavares and Umatilla, specified that the County would provide funding for the local match for a grant that Florida Central received from the Department of Transportation. He indicated that both agreements were contingent upon approval by all of the governmental parties as well as the Orange County partners and that at that point, Tavares and Eustis have approved the agreement, but Mount Dora and Umatilla have not.
Commr. Campione commented that there had been some confusion about the agreement for the trail and asked for clarification.
Mr. Minkoff clarified that it provided the County two options, which were to compel Florida Central to abandon the line and have the County take over ownership or to allow joint use of the trail on the existing line under certain parameters.
Commr. Campione opined that this was an investment in the commercial and industrial development in Lake County because it opened up opportunities for new business activity and for the potential of a commuter rail in the future.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Agreement between Florida Central Railroad Company, Inc., Lake County and the cities of Umatilla and Mount Dora for the establishment of a recreational trail from the Lake/Seminole County line to Mount Dora and to use the right-of-way of the Line for the trail, and the Agreement between Florida Central Railroad Company, Inc., Lake County and the cities of Eustis, Mount Dora, Tavares and Umatilla for Local Funding of Railroad Track Rehabilitation, as well as the budget transfer from Reserves - Economic Development for $488,000.
Mr. Minkoff indicated that he had made some recommended changes to the evaluation forms and sent the forms to the Commissioners but then realized that the changes needed to be approved. He added that the current and amended forms were very similar, so it did not matter which form the Board wanted to use. The Board reached a consensus to continue using the current evaluation form but to review the new form for next year.
reports – county manager
Mr. Gray reported that Lake County won five gold medal SUNsational Awards from the Florida Festivals and Events Association for the Wings and Wildflower Festival.
CUP rezoning case
Mr. Gray pointed out that a special CUP rezoning case would be heard at the September 11, 2012 BCC meeting instead of the September 25, 2012 BCC meeting since the applicant’s proposed event would be held on September 22, 2012.
Mr. Gray commented that they received the funding from the landowners for the Sector Plan and that they were in the process of working with the Regional Planning Council on the scope of it and would bring that back to the Board soon.
REPORTS – COMMISSIONER HILL – vice-CHAIRMAN AND DISTRICT 1
MetroPlan Orlando Transportation Funding Task Force
Commr. Hill mentioned that another Commissioner would need to replace her on the MetroPlan Orlando Transportation Funding Task Force since she would be leaving the Board soon, and she recommended Commr. Parks.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the appointment of Commr. Parks to the MetroPlan Orlando Transportation Funding Task Force.
reports – commissioner parks – district 2
request to water authority
Commr. Parks noted that he had been receiving calls about low water levels and how that was affecting property values along canals, and he asked if the Board could send a formal request to the Water Authority to see if they could update the Board on what their efforts were on exploring where the blockages were in the Palatlakaha and the Lake Louisa Basin.
presentation on neighborhood preparedness
Commr. Parks mentioned attending the presentation on neighborhood preparedness on August 7, 2012 at the Trilogy Community with Mr. Tommy Carpenter from Emergency Management.
south lake hospital
Commr. Parks congratulated South Lake Hospital on being ranked 3rd for being one of the best hospitals in the Central Florida region.
lake county educational foundation
Commr. Parks congratulated Mr. Gray for helping raise money for the Lake County Educational Foundation.
reports – commissioner conner – district 3
constitution week proclamation
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2012-92 declaring September 17 through 23, 2012 as Constitution Week.
national training center
Commr. Conner commented that there were a number of medalists from the Olympics that trained at the National Training Center in Clermont, and he asked if the Economic Development Department could compile a list of those athletes and recognize the training center.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
importance of the family proclamation
Commr. Campione stated that she had been asked to put a proclamation on the agenda of a future meeting regarding the importance of the family and suggested that each Board member identify a family in their district to highlight as being a family that was practicing good family values.
Vested rights determinations
The Board acknowledged the following Vested Rights Determinations:
Eagles landing at Ocoee, Inc. allowing completion of the development of the Lake Apopka Sound PUD approved by Ordinance 2011-52 subject to conditions. This item is informational only per Section 14.16.04 LDR, and no action is required. There is no fiscal impact.
Jack & Joan Amon, allowing completion of the development of the Verde Park PUD approved by Ordinance 2011-04 subject to conditions. This item is informational only per Section 14.16.04 LDR, and no action is required. There is no fiscal impact.
Peter & Ellen Grazzini (VRD#2012-0001) denying a request for vested rights seeking completion of the development of the Jasmine Cove Subdivision. There is no fiscal impact.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:36 p.m.
leslie campione, chairman
NEIL KELLY, CLERK