A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
october 23, 2012
The Lake County Board of County Commissioners met in regular session on Tuesday, October 23, 2012 at 10:00 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: David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Pastor Michael Sweeney from the New Life Church of God gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. David Heath, County Manager, requested to pull Tab 13 and bring it back at a future meeting, and to pull Tab 20 for discussion. He stated that he would like to have Tabs 34, 35, and 36 presented together so they could be approved in one motion. He also recommended moving Tab 38 from Commr. Parks’ Report and to place it before Tab 27.
Commr. Campione suggested moving Tab 20 after Tab 37.
citizen question and comment period
No one wished to address the Board.
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 8, as follows:
List of Warrants
Request to acknowledge receipt of the 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.
Central Lake Community Development District
Request to acknowledge receipt of Central Lake Community Development District’s annual meeting schedule for Fiscal Year 2013.
Founders Ridge Community Development District
Request to acknowledge receipt of Founders Ridge Community Development District’s annual meeting schedule for Fiscal Year 2013.
Pine Island Community Development District
Request to acknowledge receipt of Pine Island Community Development District’s annual meeting schedule for Fiscal Year 2013.
City of Eustis’ Annual Budget
Request to acknowledge receipt of the Annual Budget for FY 2012-2013 from the City of Eustis, along with cover letter referencing the Redevelopment Trust Fund and Computation Sheet of Payment.
Lands Available List
Request to acknowledge receipt of property placed on the Lands Available List. Lake County has until December 24, 2012 to purchase the property before it is available to the public.
St. Johns River Water Management District’s Budget
Request to acknowledge receipt of the St. Johns River Water Management District’s adopted Fiscal Year 2012-2013 budget, and cover letter stating the budget was adopted on September 25, 2012 and highlighting some key aspects of the budget.
Southwest Florida Water Management District’s Budget
Request to acknowledge receipt of the Southwest Florida Water Management District’s adopted budget for fiscal year 2012-2013 in the amount of $159.5 million, and cover letter summarizing the key aspects of the budget.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 23, pulling Tabs 13 and 20, as follows:
Community Services
Request for approval and signature on the sixth amendment for hospital/medical services for correctional facility inmates between Lake County and Leesburg Regional Medical Center. The fiscal impact will vary depending on the nature and prevalence of necessary inmate hospital/medical services.
Economic Development and Tourism
Request for approval and signature on the Interlocal Agreement with City of Umatilla and the Lake County Board of County Commissioners for annual funding to assist with the operation of the North East Lake Business Opportunity Center, and approval of the Unanticipated Revenue Resolution No. 2012-131. The fiscal impact is $3,600.
Request for approval and signature on the Interlocal Agreement with Town of Montverde and the Lake County Board of County Commissioners for annual funding to assist with the operation of the South Lake Business Opportunity Center, and approval of the Unanticipated Revenue Resolution No. 2012-132. The fiscal impact is $1,829.
Request for approval and signature on the Interlocal Agreement with City of Mount Dora and the Lake County Board of County Commissioners for annual funding to assist with the operation of the North East Lake Business Opportunity Center, and approval of the Unanticipated Revenue Resolution No. 2012-133. The fiscal impact is $12,800.
Request for approval of contract 12-0435 to Mid-Florida Sign & Graphics, Leesburg, Florida for monument signs for Christopher C. Ford Commerce Park and Business Opportunity Center. The fiscal impact is estimated at $38,290.00.
Request for approval of the Memorandum of Understanding between Lake County, Florida and Enterprise Florida, Inc. for the purpose of formally establishing the basic tenements of a collaborative working relationship between EFI and its primary partner to create more jobs for Florida. There is no fiscal impact.
Facilities Development and Management
Request for approval of $310,213.00 for the purchase, installation, and maintenance of the aiSmartBench software to be utilized by the Clerk and Judges, and authorize County staff to complete all associated implementing documents. The fiscal impact is $310,213.00 (Expenditure).
Information Technology
Request for approval of award under Request for Quote (RFQ) 2012-00083 for HP Network Switches and HP accessories to Evalcor, Inc. dba Powerone, Tavares, Florida; and authorize the Procurement Office to execute all supporting documentation. The fiscal impact is $92,230.98 (Expenditure).
Public Resources
Request for approval to execute a five (5) year Cooperative Service Agreement between Lake County and United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services, Wildlife Services Branch, for removal of feral hogs and coyotes from County resource based parks. The fiscal impact is $30,000 per year.
Public Safety
Request to approve and sign submittal of the E911 State Grant Program – 2012 Application in the amount of $153,325.00. There is no fiscal impact.
Request for approval to enter into an emergency services Mutual Aid Agreement with the City of Minneola.
Request to approve use of a contract competitively awarded by Volusia County (contract # 10-B-166TF) for various items of communication equipment needed for repair and maintenance needs on an as-required basis. The estimated fiscal impact is $35,000.
Request for approval of: (1) Subgrant Agreement Modification # 3 to increase funding by $17,000; (2) Modification to Reinstate and Extend Contract #10-DS-39-06-45-01-371. (3) Resolution No. 2012-134 to accept residual revenue from the Florida Division of Emergency Management for the Emergency Management Division. No local match required. The fiscal impact is $17,000 (Revenue) and $17,000 (Expenditure).
Request for approval and execution of: (1) Resolution No. 2012-135 to accept Urban Areas Security Initiative (UASI) grant funding in the amount of $78,445, by the Lake County Board of County Commissioners; and (2) Authorization for the County Manager to sign future amendments/modifications that do not involve financial impact. No local match is required. The fiscal impact is $78,445 (Revenue) and $78,445 (Expenditure).
Public Works
Request for approval of contract 12-0002 for on-call analytical laboratory services to Pace Analytical Services, Inc., in conjunction with the County's needs, and authorize Procurement Services to execute any required implementing documents. The fiscal impact is estimated at $29,390 (Expenditure).
Request for approval and signature on Resolution No. 2012-136 revising the current posted speed limit of 35 miles per hour to 40 miles per hour on CR 466 (7403) from .25 miles east of Rolling Acres Rd to US 27/ 441. Also recommended is retaining the current posted speed limit of 45 miles per hour on the remainder of CR 466 up to the Lake/ Sumter County line, in Commissioner District 5, Section 17, Township 18, Range 24. There is not fiscal impact.
Request to approve and accept the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects. Commission Districts 1, 3, 5. There is no fiscal impact.
Request to advertise for bids for #7807 Griffin Avenue and #6903 Rolling Acres Road Intersection project at an estimated cost of $250,000.00 from the Renewal Sales Tax Capital Projects - Infrastructure - Construction (Expense). Commission District 5. The fiscal impact is $250,000.00.
Request for approval and signature on Resolution No. 2012-137 authorizing the reduction of the speed limit of Griffin Avenue (7807) from 45 miles per hour to 35 miles per hour from CR 25 east to approximately 500' east of North Street, back entrance to Water Oak Mobile Home Park in the Lady Lake area, Commissioner District 5, Sections 8 & 9, Township 18, Range 24. There is no fiscal impact.
Request for approval and signature on Resolution No. 2012-138 authorizing the posting of "No Standing, No Stopping, No Drop-Off" signs on CR 48 (3056) in front of Astatula Elementary School in the Astatula area. Section 29-32, Township 20, Range 26, Commissioner District 3. There is no fiscal impact.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 24 through 26, as follows:
Request for approval of Third Amendment to Lease Agreement with J. W. Brooks, Inc. for Health Department space located in Eustis. The fiscal impact is approximately $57,430.
Request for approval of Lease Agreement Between Lake County and Charles Bradshaw for office space.
Request for approval of Lake County’s responding Resolution No. 2012-139 to the City of Clermont’s Resolution 2012-22, which requested to enter into negotiations for an Interlocal Service Boundary Agreement (ISBA). The fiscal impact is unknown at this time.
presentations
Lake County Cares Enough to Wear Pink Proclamation
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2012-130 for Lake County Cares Enough to Wear Pink.
Commr. Parks read the proclamation and presented it to Ms. Buffy Tucci, Firefighter/EMT with the Public Safety Department.
Mr. John Jolliff, Public Safety Director and Fire Chief, then presented a certificate to the Board stating that the Board had been certified pink by the Professional Firefighters of Lake County for outstanding dedication and commitment to the community providing love, hope, and support to women battling cancer in Lake County.
St. Johns River Water Management District Land Assessment
Process
Ms. Wendy Breeden, Public Resources Director, introduced Mr. Robert Christianson, Director of the Division of Operations and Land Resources for the St. Johns River Water Management District, who would be giving a presentation on the District’s findings and recommendations of the land assessment process for properties in Lake County.
Mr. Christianson recalled that the lands assessment process was started in December 2011 and would conclude in December 2012 and that the Water Management District looked at every acre owned by them to determine if any properties should be deemed surplus and disposed of or if any warranted some alternative use consideration. He noted that they considered other evaluation factors such as recreation, manageability, and management revenue potential. He indicated that they found that 73 percent of the properties owned by the District were within the 100-year floodplain, 67 percent were wetlands, 78 percent were classified as the highest value natural communities, 60 percent were in the highest priority wildlife corridors, 82 percent were in the top two tiers of special habitat value, and 85 percent were in the upper third of the overall conservation value. He added that the majority of the properties inventoried were very important to keep for conservation purposes. He reported that they met with the partner counties in August and September 2012 and went over their initial results and in October and November 2012, they would be holding a series of public meetings to present the draft results to get feedback from the public before they submitted the plan to the governing board for approval on December 11, 2012. He mentioned that the plan would be implemented in 2013 if approved. He then discussed the draft recommendation categories and pointed out that retain meant the District would maintain ownership and the land management program, donate with conservation easement meant the District would donate the fee interest to the local government and would keep the conservation easement in the name of the District to ensure that the conservation value continued to be protected, sell with conservation easement meant the District would sell the fee interest on the open market and would keep the conservation easement, surplus for sale or exchange meant the District would sell or exchange the fee interest on the open market, and alternative use meant the District would change the use of the property and continue ownership. He indicated that the District was recommending retaining most of the properties in Lake County, but that there were four properties they had an alternative use for. He specified that there was a small piece of property in Emerald Marsh that was an old pasture and they did not have good access to it, so they were recommending disposing of that, and there was another block of that property that was former farm land that had phosphorous on it and they were recommending removing the organic material as a mechanism to get the phosphorous out of the system. He mentioned that because the District did not have control over all of the low lying areas on the Pine Meadows property nor did they have the opportunity to do more active restoration on it, they were recommending selling the property and allowing the uplands portion of it to be used for agricultural purposes and to keep a conservation easement over the low lying areas. He pointed out that there was a portion of the Lake Norris property that used to be the Eustis Sand Mine and that there was a large amount of material that was deposited on it, so they were recommending removing the material to restore the property. He related that Lake County had been managing the portion of the property co-owned by the District in the Neighborhood Lakes property, so they were recommending offering the District’s fee interest in that property to the County and have the County continue to manage it. He concluded the presentation sharing the District’s website, which was floridaswater.com/landassessment, where information about the project was presented.
Commr. Cadwell mentioned that there had been discussions about trying to connect a destination trail from Trout Lake to Lake May through part of the Pine Meadows property and since that property was for sale, the District needed to have a discussion with the County to see if there was an opportunity for the County to obtain it or to enter into an agreement with whoever decided to buy it.
Mr. Christianson stated that he would like to work with the County on that.
Commr. Parks asked if the District was open to having some flexibility in the language of the conservation easement on what was allowed on the property.
Mr. Christianson answered “yes,” adding that it would be customized to each particular piece of property.
Commr. Campione mentioned that there had been discussions about the Lake Apopka Restoration Area and partnering with the federal government for bird watching and asked if the District has had any discussions on that.
Mr. Christianson replied that the proposal for that area was for a federal wildlife refuge and it would most likely be a long-term lease to the federal government. He added that the District’s board just heard public comments about the proposal last month and he understood that there was a coalition being formed to advocate for the proposal, but the District needed more information so they have yet to take a position on it.
Commr. Campione suggested having staff evaluate the properties the County currently had for conservation purposes, starting with the Public Lands Acquisition Advisory Council (PLAAC) lands, with using the same assessments that the District used. She opined that they should go through that process to make sure that the County did not have any land that was too difficult to manage, too costly, or was not accessible to the public.
Commr. Parks remarked that he would be interested in that.
Commr. Cadwell stated that he did not object to going through that process, but he thought the PLAAC had done a good analysis of those properties when they were purchased.
Mr. Heath noted that he could put a team together of staff from Public Lands, Public Works and Growth Management, but he recommended waiting until the District finished their process in December to see if their governing board approved of the recommendations. He stated that they could start at the beginning of next year if the District finished in December.
public hearings: rezonings
rezoning regular agenda
CUP #12/9/1-1 – saddlewood stables
Mr. Steve Greene, Chief Planner, presented the case stating that it had been properly noticed and explained that the applicant, Ms. Amanda Bacon, was requesting a Conditional Use Permit (CUP) in the Agriculture (A) Zoning District in the Green Swamp to allow a riding stable/academy for riding lessons, and associated equestrian-themed events such as trails, day camps and birthday parties. He pointed out that the 10-acre property was located in the Groveland area on Equestrian Drive and south of Brantley Road, which were both private roads. He noted that the property currently contained an existing residence, a barn, a garage, and a storage building and since the barn would be used to conduct the proposed activities appropriate buildings permits would be required. He noted that the property was currently served by an existing well and septic system; therefore, the proposed use would not result in additional demands on public facilities. He indicated that the proposed use was consistent with the Comprehensive Plan for the Green Swamp Rural Future Land Use Category which allowed equestrian related activities and outdoor small-scale recreational camps with the issuance of a CUP, and it was consistent with the Land Development Regulations (LDR) which allowed riding stables and academies with the issuance of a CUP. He added that it was also consistent with the LDRs indicating that the riding stable or academies be situated on 10 acres of land and that the stable and barn area be situated 200 feet from the property line. He related that the proposed use would be made compatible with the surrounding agricultural and low density rural residential uses through conditions placed in the ordinance to mitigate any adverse impacts on adjacent properties such as landscaping, buffering, screening, noise and hours of operation. He explained that staff received five letters of support and one letter of concern, and the Planning and Zoning Board approved the request with conditions and the recommendation to remove the road maintenance condition in the ordinance. He stated that because the request was consistent with the Comprehensive Plan and the LDRs, staff recommended approval.
The Chairman opened the public hearing.
Mr. Freddie Brantley, a resident who lives on Brantley Road near Saddlewood Stables, stated that a neighbor in the area built speed bumps at the corner of Ag Road and Brantley Road to slow down the traffic and the neighbor eventually dug out the speed bumps, but he refused to fill in the holes. He asked if the County could grade those roads once a month because the holes in the road had become an issue especially since he drove a low rider van.
Commr. Cadwell remarked that because those were private roads it would be against the law for the County to do that.
Commr. Campione noted that there might be a code enforcement issue if an obstruction was purposely put there and if it was a problem for emergency vehicles. She stated that they would have the Public Works Department look at it to see if they could help in any way.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Hill asked why the Planning and Zoning Board removed the condition for the maintenance of the road.
Mr. Greene clarified that they removed the maintenance provision that the applicant had offered because after discussion the board concluded that it would be in the applicant’s best interest to maintain the road to support their business.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-69 and Rezoning Case CUP #12/9/1-1, Saddlewood Stables, which was a request for a Conditional Use Permit in the Agriculture (A) Zoning District in the Green Swamp to allow a Riding Stable/Academy for riding lessons, and associated equestrian-themed events such as trails, day camps and birthday parties.
public hearings
ordinance regarding animal control
Mr. Minkoff stated that the ordinance clarified the definition of owner of animals for code enforcement purposes, and he then placed the proposed ordinance on the floor for its first and final reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 4, ARTICLE I, ADMINISTRATION, SECTION 4-2, LAKE COUNTY CODE, ENTITLED SCOPE AND SECTION 4-3, LAKE COUNTY CODE, ENTITLED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR 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.
Commr. Campione asked for an explanation on why the definition was changed.
Mr. Minkoff explained that there had been a case where a dog was loose and the owner was issued a citation, but during the code enforcement hearing the owner stated that the dog had actually been left in the control of a child, and the special master found that there was no violation and that it was reasonable to allow the teenage child to keep the animal. He mentioned that about a month or two later a citation was issued to a child in a similar situation and the defense came back the other way. He indicated that the ordinance was clarified to state that the owner must notify them if someone else was in possession of the animal and the citation would be issued to that person instead.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-66 amending the definition of Owner relating to the responsibility of animals in their possession for the Animal Control Ordinance.
Vacation Petition No. 1178 – leesburg
Mr. Jim Stivender, Public Works Director, pointed out that the request was to vacate a portion of right of way of the old alignment at the CR 44 and Shady Acres Road intersection. He noted that the road project was recently completed and the proposed vacation was a remnant of right of way left over that no longer served a public purpose and it would revert to the adjacent property owner. He stated that staff recommended approval of the request.
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. Hill, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote by those present (Commr. Conner was not present for the vote), the Board approved Vacation Petition No. 1178 to vacate a portion of right of way from the old alignment at the CR 44 and Shady Acres Rd. intersection and approved Resolution No. 2012-140.
Ordinance regarding the Florida Building Code
Mr. Minkoff noted that the ordinance updated the building codes and also added a local license for demolition contractors, which was now a classification in state law, and he then 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 6-21, LAKE COUNTY CODE, ENTITLED DEFINITIONS; AMENDING SECTION 6-22, LAKE COUNTY CODE, ENTITLED ADOPTION AND ENFORCEMENT; AMENDING REFERENCES TO BE CONSISTENT WITH THE 2010 FLORIDA BUILDING CODE; AMENDING SECTION 6-82, LAKE COUNTY CODE, ENTITLED LOCALLY LICENSED CONTRACTORS; REQUIRING A LOCAL LICENSE FOR DEMOLITION CONTRACTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR 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. Cadwell, seconded by Commr. Hill and carried unanimously by a 4-0 vote by those present (Commr. Conner was not present for the vote), the Board approved Ordinance No. 2012-67 amending Sections 6-21, 6-22 and 6-82, Lake County Code, regarding the Florida Building Code.
ordinance regarding the Prepayment of Impact Fees
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 22-11 OF THE LAKE COUNTY CODE ENTITLED PREPAYMENT OF IMPACT FEES; PROVIDING FOR THE CONVERSION OF EDUCATIONAL AND TRANSPORTATION PREPAYMENTS INTO CREDITS OR EXEMPTIONS UPON THE SALE OF A PARCEL OF PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
Mr. Jim Bible with Showcase Homes expressed that he was supportive of the language change and thanked the Board for their consideration.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-68 amending Chapter 22, Lake County Code, Section 22-11 regarding Prepayment of Impact Fees.
ordinance regarding family gardens
Mr. Minkoff explained that this was the first reading and it would require a second reading, and if the Board approved it by a 4/5 majority vote the second public hearing would be held at 9:00 a.m. He placed the proposed ordinance on the floor for its first reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER II, ENTITLED “DEFINITIONS”, TO ADD A DEFINITION FOR “FAMILY GARDEN”; AMENDING CHAPTER III, ENTITLED “ZONING DISTRICT REGULATIONS”, SECTION 3.01.02, ENTITLED “CLASSIFICATION OF USES”, AND SECTION 3.01.03, ENTITLED “SCHEDULE OF PERMITTED AND CONDITIONAL USES”, TO ADD PROVISIONS AND REGULATIONS FOR FAMILY GARDENS, AND TO ADD FAMILY GARDENS AS A PRINCIPAL, PERMITTED USE IN THE RA, AR, R1, R2, R3, R4, R6, R7, R10, RP, RMRP AND RM ZONING DISTRICTS; AMENDING CHAPTER IX, ENTITLED “DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS”, SECTION 9.02.05, “CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMIT”, IN ORDER TO ALLOW TREES LOCATED IN THE FOOTPRINT OF A FAMILY GARDEN TO BE REMOVED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Campione mentioned that the Daily Commercial had run an article about the proposed ordinance change and that she had received some questions from people about it and she clarified that the County was removing restrictions that were in place and was not placing additional limitations.
The Chairman opened the public hearing.
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, mentioned that public property rights were being taken away because the ordinance was putting restrictions on removing trees. He referenced an article that appeared in the Orlando Sentinel regarding sand skinks and how the Environmental Protection Agency was keeping people from using land. He noted that the residents could not even use their land without hitting a restriction and that in most cases the residents were unaware of the restrictions until they tried to develop or sell their land. He opined that the property owners should be made aware of any restrictions and the Property Appraiser’s office should be notified as well so that a reduction in the value of the land could be made since those restrictions reduced the usefulness and value of the land.
Mr. Steve Fisher, a resident of Paisley, expressed that he was pleased that the Board took his request seriously and that they were trying to make things work. He stated that his only concern about the ordinance was the setback requirements because on his property it would reduce the garden footprint from 10,000 square feet to about 4,000 square feet.
Commr. Campione noted that staff had to look at balancing the impacts to adjacent neighbors.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Hill commented that she has had many conversations with the County Attorney and he assured her that her concerns of clear cutting would not happen and that they were addressed in the ordinance with the one-half acre restriction.
Commr. Campione mentioned that the issues with the clear cutting arose from situations where people would completely remove everything from their property prior to going through the development permit process, so it was a way to circumvent reasonable rules about tree protection. She added that she agreed that most of the federal rules had gotten out of control and they needed to look at how those have filtered into their own local regulations.
Commr. Parks stated that they planned on making changes to the regulations in the Comprehensive Plan and the LDRs over the next two years.
Mr. Heath explained that he was working on a legislative priority to address Agenda 21 at the state level, so he planned on bringing that back soon. He added that the state needed to take action and do a better job at finding what was in the Agenda 21 policy, goals and objectives.
Commr. Campione pointed out that the residents could bring Comprehensive Plan or LDR issues to their attention because they needed to get rid of some of the things that did not make sense and needed to make people aware of what was in those regulations.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the first public hearing of an Ordinance amending Chapters II, III and IX of the Land Development Regulations (LDR), entitled “Definitions”, “Zoning District Regulations”, and “Development Design and Improvement Standards”, respectively, in order to permit the planting of “Family Gardens”, or a private garden up to one-half acre (21,780 sq. ft.) in size as the principal use of a property, that is planted and harvested for the benefit and use of an individual, family or subdivision community. The Board also gave authorization to hold the second public hearing of the proposed Ordinance at 9:00 a.m.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
economic development and tourism
incentive awards for nomel, inc.
Mr. Scott Blankenship, Economic Development and Tourism Director, gave a presentation to discuss the incentive package that staff was recommending awarding to Nomel, Inc. for the creation of qualifying jobs associated with the development of The Big House. He first gave an overview of The Big House, which was located off Lane Park Road across from Tavares Middle School, and pointed out that it was a 162,000 square foot indoor recreational facility that included basketball courts, volleyball courts, aerobics/yoga, a business center and classrooms. He noted that The Big House would create five full-time jobs, 15 full-time jobs within two years, and approximately 80 part-time jobs which was an annual economic impact of about $2 million. He explained that Nomel, Inc. was seeking $90,000 in financial assistance to help cover building permit fees owed to the City of Tavares since a Certificate of Occupancy could not be issued until Tavares received payment for the building permit. He then gave an overview of the incentive programs and pointed out that the goal of the High Value Job Creation Program (HVJCP) was to encourage the location of businesses that offered significant economic benefit and created high-value jobs and that the incentive was a cash award for the creation of jobs paying a minimum of 115 percent of the County’s average annual wage. He added that new businesses must create 10 jobs and existing businesses must create five jobs. He related that the goal of the Business Assistance Program (BAP) was to encourage the location or expansion of targeted industry businesses and that the applicant must share 50 percent of the costs with the maximum grant amount limited to $25,000 unless otherwise approved by the Board. He added that the applicant must create a minimum of five jobs that paid no less than 115 percent of the average annual wage. He pointed out that there were five jobs submitted by the applicant, which qualified them for $11,000 of the HVJCP incentive, and $25,000 for the BAP incentive for a total of $36,000. He explained that because the applicant had requested $90,000, staff met with the City of Tavares and requested a split of the remaining $54,000, but they did not approve the split. He indicated that staff’s recommendation was to award Nomel, Inc. with the $36,000 incentive package.
Mr. Bill Neron, Economic Development Director for the City of Tavares, explained why the City of Tavares denied the request and noted that Tavares’ economic development incentives included three major programs: the fast track permitting, the impact fee waivers, and the building permit fee deferral. He noted that they gave The Big House the fast track permitting, they forgave over $560,000 of impact fees, and they deferred the building permit fee of $90,000. He stated that Tavares had been working with The Big House and they whole-heartedly supported the project, but since they had a small economic development budget they could not give out any cash incentives because there was no cash available. He encouraged the Board to do what they could to support the project because they believed it would be an economic engine for the community.
Commr. Conner expressed that it was a unique facility that would generate a lot of economic activity, and he was proud of the County for offering those kinds of incentive programs.
Commr. Hill asked if The Big House was eligible for any state incentives.
Mr. Blankenship replied that he was not aware of any.
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the High Value Job Creation Program (HVJCP) incentive in the amount of $11,000 and a Business Assistance Program (BAP) incentive in the amount of $25,000 to Nomel, Inc. for the creation of five (5) qualifying positions, as well as the HVJCP and BAP Agreements with Nomel, Inc. and the Lake County Board of County Commissioners. The fiscal impact is $36,000.
public resources
cagan crossings community library
Ms. Wendy Breeden, Public Resources Director, gave a presentation regarding the Cagan Crossings Community Library. She recalled that Lake County opened the first branch library called Citrus Ridge County Library in the four corners area in 2000 and that Lake County and the Polk County Library Cooperative entered into a reciprocal borrowing agreement in 2001. She noted that the County then built a new library called the Cagan Crossings Community Library to accommodate the population growth in the four corners area, and it opened in February 2008. She related that Lake and Polk entered into a joint use library agreement in May 2008 after recognizing the impact of how many Polk County residents were using the library. She pointed out that the agreement would expire in May 2013 and that in May 2012 Polk County notified Lake County of its intent to reduce its level of support for joint use of the library. She explained that the Cagan Crossings Community Library was the third busiest library in the Lake County library system by circulation and had an average of about 295 computer sessions each day, 567 visits each day and there were a total of 13,134 patrons. She added that over 10,000 people attended 285 children and adult programs in 2011, and eight tutors worked with 145 adult learners and volunteered 1,225 hours. She stated that the agreement provided for full service for Polk County residents in exchange for payments from Polk County and that the payments were based on a usage and expenditure formula, with adjustments due based on audited expenditures. She reported that the use of the library by Polk County residents ranged between 37 and 40 percent over the past five years and that Lake County had received $1,008,741 towards library operations. She then explained the agreements that staff was requesting approval of and noted that the first agreement terminated reciprocal borrowing privileges between Lake County and the Polk County Library Cooperative. She added that Polk already approved the termination agreement on September 19, 2012. She pointed out that the second agreement extended it from May 2013 to September 30, 2013 and was renewable for one additional fiscal year. She specified that Polk County would pay Lake County $78,000 and that Lake County would owe Polk County one additional adjustment of $19,252 for the previous fiscal year, but they would not owe any future adjustments. She noted that because of the reduced support, Lake County would charge Polk County residents $20 for a one year library card and the estimated revenue from the library card fees was $25,000. She also mentioned that two full-time positions were eliminated and there had been a reduction of four service hours per week.
Commr. Cadwell expressed that he was disappointed in how the situation turned out, but he thought it was the best solution.
Commr. Campione noted that it was not the ideal situation, but it would help keep the library open as much as possible without impacting Lake County residents and additional staff would not get cut.
Commr. Conner opined that doing this was in the County’s best interest, but next year he would take a hardline stand that if Polk County did not come to the table with a fair contribution for the operating costs, then Lake County should not issue library cards to those residents.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Agreement to Terminate Interlocal Agreement for Reciprocal Library Borrowing between Polk County Library Cooperative and Lake County, approved a twelve month $20.00 library card fee for Polk County residents, dependent upon approval and signature of agreement with Polk County to receive $78,000 for fiscal year 2012-2013, approved Resolution No. 2012-141 to add the $20.00 fee to the county fee schedule, and approved the Agreement to Amend Interlocal Agreement between Lake County and Polk County for Joint Use of the Cagan Crossings Community Library. Fiscal impact for FY 2012/2013 is $78,000 revenue, less $19,252 credit.
RECESS AND REASSEMBLY
The Chairman announced that there would be a ten-minute recess at 11:35 a.m.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS (cont’d)
public works
solid waste business plan update
Mr. Stivender gave an update on the Solid Waste Division’s Business Plan, as well as the status of the collection and disposal request for proposals (RFP). He stated that the County currently had two pick-ups and one recycling pick-up every week with on-call bulk and white good pick-up. He added that there were two haulers, which were Waste Management and Waste Services, and those contracts expired on September 30, 2014. He noted that the contract with Covanta for disposal services would expire on June 30, 2014 and that the Solid Waste Alternative Task Force was formed in September 2009 to evaluate alternatives and on February 14, 2012 the Board approved all of their 22 recommendations. He then briefly discussed the recommendations which included additional enhancements to the system, disposal options, and financial evaluations of the overall system.
Mr. Skip McCall, Solid Waste Division Manager, continued the presentation stating that in June 2012 staff met with collection and disposal vendors to start a dialogue with them to discuss the structure of the RFPs and he pointed out that some of the topics that were discussed included length of contract, firm qualifications, single stream recycling, service days, automated/semi-automated collection, age of collection vehicles, and environmental impacts. He added that in those meetings it was also determined that the County would send out draft collection and disposal agreements to the vendors for review prior to the Board’s approval. He then discussed the structure and noted that the vendors could submit pricing for collection only, for disposal only, or for collection and disposal. He noted that the collection structure would be a one, one, one, meaning that there would be automated/semi-automated once per week garbage collection designated to specific disposal sites using the mechanized carts, automated/semi-automated once per week single-stream recycling collection using the mechanized carts, and once per week yard waste collection designated to specific disposal sites. He indicated that the vendors could choose to submit a price per ton for the disposal of Municipal Solid Waste (MSW) and yard waste debris for the unincorporated residential units; however, the County would dedicate tonnages to specific sites, but would not guarantee a minimum amount. He explained the terms of the contract noting that it would be a seven year agreement with one three year renewal option, there would be performance bonds and firm qualifications, the collection days would be Monday through Friday, the trash and recycling collection would be on one day and yard waste on a separate day, the bulky waste and white good items would continue to be “on-call”, and there would be an adjusted holiday pick-up schedule. Additionally, there would be GPS on trucks and RFID chips on the carts, the dedicated fleet of trucks could not exceed seven years in life, there would be automated/semi-automated collection, the vendor would provide three cart sizes for residents which were 96, 64, or 48 gallon sizes, the County would own the carts on the commencement day of the contract, the haulers would have to provide dumpsters for community events throughout the year, and there would be a one-year transition plan.
Mr. Stivender concluded the presentation discussing the next steps and pointed out that the draft collection and disposal contracts were ready to send to the vendors for review and comment during the period of October 24 and November 7, and then the contracts would be finalized prior to the Board’s approval on December 4, 2012. He indicated that they planned to put the RFP out for solicitation after December 2012 for about four months, award the contracts in the summer of 2013, and implement the contract a year from now.
Commr. Campione mentioned that currently if residents put more than what fit into their garbage can it would still get picked up without having to make a special pick-up call and asked if that would change with the new program.
Mr. McCall replied that everything would be required to be put inside the container, but if a resident had any large items they could call for bulk pick-up and the items would be picked up within 72 hours.
Mr. Minkoff added that if a resident chronically had more garbage than could fit in the 96 gallon container, they could purchase a second container and pay an additional disposal fee.
Mr. McCall related that six times throughout the year for holidays the residents would be allowed to put excessive garbage outside of the garbage cart and the residents would receive notice of when those days would be.
Commr. Campione asked what the difference was between automated and semi-automated.
Mr. McCall explained that the automated process was a fully automated truck and was a one person operation whereas a semi-automated process allowed the haulers to use a rear loader with a cart tipper on the back and it was a two person operation. He added that because of the many rural areas and dirt roads in the County, it would be extremely hard on the automated equipment, so they planned on letting the vendors decide which truck to use in the various areas.
Commr. Campione asked if the vendor who got the contract would have to buy all new trucks.
Mr. McCall responded that the trucks could not exceed seven years in life, so the vendor could start out using their current trucks and once the trucks hit seven years they would have to buy new ones. He added that they would monitor the trucks because every year they did a vehicle fleet assessment.
Mr. Minkoff noted that some haulers suggested that the County require all brand new trucks and others did not, but in the end staff decided that as long as the fleet was relatively new they did not care if it was brand new.
Commr. Hill asked if there would be three different vendors for the three regions.
Mr. McCall answered that the Task Force suggested requiring a minimum of two haulers, so there was a possibility of having three. He pointed out that in the bid specifications they would be asking for a price for the entire County.
Commr. Parks asked what kind of control would the County have over the customer service.
Mr. Minkoff stated that included in the contracts were administrative penalties for failure to comply with objective criteria.
Commr. Conner asked if a disabled resident who lived off of a main road would still be responsible for getting their garbage can to the road.
Mr. McCall replied that that was called off-street service in the contract, so if a resident supplied the County with a medical waiver from their doctor, then the haulers would be responsible for collecting the cart and bringing it to the collection vehicle.
Commr. Conner asked how the cost and any potential increases over the next several years would be structured in the contract.
Mr. McCall explained that included in the contracts was a Consumer Price Index (CPI) for collection and disposal and it was capped at three percent.
Mr. Minkoff related that there were also provisions for extraordinary events such as a major change in law or a terrible storm where additional adjustments could be made, but those would come back to the Board for approval.
Commr. Conner asked if there would be any price advantages to customers to have larger recycling cans and smaller garbage cans since the goal was to increase recycling.
Mr. Minkoff noted that they looked at that, but it would get very cumbersome and difficult to have that in the special assessment system. He commented that they did implement an additional fee if a customer’s garbage could not all fit in the 96 gallon cart.
Mr. Stivender mentioned that going in the direction of having a bigger recycling can and smaller garbage can was what the County was trying to do.
Commr. Campione asked if there would be a fee if someone wanted additional recycling containers.
Mr. Minkoff replied that customers could receive additional recycling containers at no cost.
Commr. Cadwell asked if the Board would have to limit their contact with the vendors once the RFP went out.
Mr. Barnett Schwartzman, Procurement Manager, explained that the standard language in the RFP restricted communications between the contracting officer and the Board and staff.
Discussion regarding north hancock road safety
improvements project
Commr. Conner made a motion to delay voting on Tab 20, which was a request to advertise for bids for #1354 North Hancock Road from SR-50 to CR-50 for the safety improvements project, because some community leaders in Clermont had indicated that the City of Clermont may be interested in sharing the cost of the traffic signal at Diamond Players Club, and he wanted to authorize the County Manager to contact the City of Clermont to see if they were willing to do that. Commr. Cadwell seconded the motion.
Commr. Hill asked where the light was located.
Commr. Campione replied that it was at Diamond Players Club and North Hancock Road, which was the back entrance to Summit Greens. She added that staff had evaluated that entrance and found that a light would create a spacing problem.
Commr. Hill asked how that would affect the engineering plans for the improvements.
Mr. Stivender answered that the Board asked staff to look at the whole corridor and staff found that there was no warrant for a traffic light at that location at that time. He also mentioned that the improvements that were recommended were at every intersection and most of them were restricting left turn movements to make the intersections safer.
Commr. Hill commented that she thought they were looking at putting a traffic light in that corridor.
Mr. Stivender remarked that there was potential to put one at the college itself, but it was not warranted there and there was potential for one further to the north well beyond the Diamond Players Club intersection that would not play a role with a traffic light at Diamond Players Club.
Commr. Campione explained that the improvements were needed to address safety concerns and she always thought that the residents of Summit Greens needed to have the ability to make a right turn out of the subdivision and then make a safe u-turn in a designated location without having to go all the way up to North Ridge. She added that if a light was installed at that intersection knowing that in the future one was warranted at the college, then the two lights so close together would be counterproductive.
Commr. Hill asked if the $175,000 estimate included the light at Oakley Seaver Drive.
Mr. Stivender replied that there were no lights included in that estimate and specified that the estimate included safety improvements for the left turn lane to the north of Diamond Players Club, the intersection at Daryl Carter Boulevard in front of the college, the intersection at Legends Way, and the intersection coming out of Walgreens at Target.
Commr. Hill asked why there had been an increase from $90,000 to $175,000.
Mr. Stivender answered that the estimate did not include some of the additional safety features, and the figures were increased a little bit because after receiving bids in the last two months they realized that the concrete prices were about 20 percent higher than what was expected.
Commr. Conner asked if a u-turn and additional median was put on Hancock for the people in Summit Greens that wanted to turn right off of Diamond Players Club.
Mr. Stivender explained that a left turn lane and additional pavement was put in at the first good straight of way.
Commr. Parks mentioned that he wanted to table voting on the item until the next meeting because the cost was now $175,000 and they had talked about the cost being around $90,000 to $100,000 for striping improvements at Daryl Carter Boulevard, Target, and Legends Way. He also suggested breaking out the intersections into three separate actions for a vote. He added that he supported the engineers when they stated a traffic light was not warranted at Diamond Players Club, but he would be intrigued to see whether the City of Clermont was willing to help pay for one.
Commr. Campione expressed that she was in favor of separating out the intersections to see what the different cost components were, but she firmly believed that the u-turn was the safest way for the Summit Greens residents to go south on Hancock Road. She related that the subdivision was fully developed and it was not growing anymore, so a traffic light would not be warranted in the future.
Commr. Conner pointed out that he disagreed with Commr. Campione’s statement about whether a traffic light would be warranted based on if a subdivision grew or not, because there could still be traffic accidents even with the same number of vehicles. He stated that he concurred with Commr. Parks because the project went from $90,000 to $175,000 and he did not recall that that was the direction the Board gave.
Commr. Cadwell remarked that they could break out those intersections, but he thought staff was doing exactly what the Board directed them to do.
Mr. Stivender commented that it was a bidding process, so the low bid would be awarded and it was possible they could get well below $175,000.
Commr. Conner withdrew his original motion.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved to postpone Tab 20 until the November 6, 2012 BCC meeting so that staff could break out the projects by intersections and also authorized the County Manager to contact the City of Clermont to see if they were willing to share the cost of a traffic signal at Diamond Club Drive and North Hancock Road.
reports – county manager
state of the county
Mr. Heath reminded the Board of the State of the County being held on October 30, 2012 at 9:00 a.m.
south lake sector plan
Mr. Heath reported that the County, in conjunction with the East Central Florida Regional Planning Council, would be initiating the South Lake Sector Plan on November 1, 2012 at 2:30 p.m. at Lake-Sumter Community College’s South Lake Campus.
reports – commissioner parks – district 2
Eustis Chamber End of the Year Gala
Commr. Parks mentioned attending the Eustis Chamber End of the Year Gala on October 19, 2012 where Mr. Scott Blankenship, Economic Development and Tourism Director, was given a leadership award in economic development.
Buses N’ Backpacks Banquet
Commr. Parks reported attending the Buses N’ Backpacks Banquet, which raised money for children in need, at The Church at South Lake on October 21, 2012. He also thanked Dr. Susan Moxley, Lake County Schools Superintendent, and the four other School Board members for attending as well.
reports – commissioner conner – district 3
leadership award
Commr. Conner stated that he was excited to hear about Mr. Blankenship being recognized for his leadership in economic development.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
Education Innovation event
Commr. Campione noted that she attended the Lake County School’s Education Innovation event on October 16, 2012 where the School District presented the RUC2 Ready program that would eventually replace the FCAT over the next two years. She mentioned that the School District had asked for the Board to work closely with them to help get the business community involved in the teaching process because they wanted to create a list of people with expertise in science, technology, engineering and math to assist teachers as they developed their work plans.
Workforce Central Florida Designee
Commr. Campione mentioned that Mr. John Moore, President of South Lake Hospital, had resigned as being one of the County’s designees for Workforce Central Florida, and he recommended Mr. Robert Thompson, South Lake Hospital’s Director of Development, to replace him and she wanted to see if the Board supported that recommendation.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved to place the item on the agenda.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved for Mr. Robert Thompson, South Lake Hospital’s Director of Development, to replace Mr. John Moore, President of South Lake Hospital, as one of the County’s designees for Workforce Central Florida.
comprehensive plan amendments
Commr. Campione recommended having staff look at the capital facilities element of the Comprehensive Plan to make text amendments to it so that when the Board reviewed capital facilities plans the long-term operating costs would be a key consideration before approval of any plan.
Budget workshops schedule
Commr. Campione handed out a schedule listing the future budget workshops for December 2012 and January 2013.
liaison to the sheriff
Commr. Campione recalled that about a year ago the Board designated Commr. Parks to serve as a liaison to the Sheriff and she recommended designating the Chairman to serve in that role since it had been difficult to have two commissioners talking on behalf of the Board. She mentioned that any commissioner could have dialogue with the Sheriff, but it was important to designate only one person as a liaison so that there was never any confusion.
Commr. Cadwell mentioned that in the past the Chairman had always been the liaison to all constitutional officers and that it should stay that way.
Commr. Parks commented that at the time it was very important to him to have more dialogue with the Sheriff as they came into the budget process and he thought the Sheriff had been supportive of that. He added that he still planned to meet with the Sheriff on his own, but he was fine with designating the Chairman as the liaison.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:42 p.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK