A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
February 26, 2013
The Lake County Board of County Commissioners met in regular session on Tuesday, February 26, 2013 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; Jimmy Conner, Vice Chairman; Timothy I. Sullivan; Sean Parks; 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 Courtney Vincent, Deputy Clerk.
moment of silence and pledge
Commr. Campione asked for a moment of silence and then led the Pledge of Allegiance.
Agenda update
Mr. Heath requested that Tab 16, a presentation regarding budget and fire protection services for county buildings, be moved to after Tab 21 in the Agenda. He also mentioned that the County had been notified yesterday in writing that it was to receive a $25,000 grant from the PetFinder Foundation to fund renovations of the Lake County Animal Shelter, and he asked that a request to approve the grant funds be added to the Agenda.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved adding the request to accept the grant funds to the Agenda.
recognition of Lake County volunteers
Commr. Campione announced that the Board would be recognizing volunteers who contributed more than 150 hours of documented service to the County, and she expressed her appreciation to those who gave their time to help the community.
Ms. Susan Irby, Human Resources Director, stated that over 400 volunteers contributed more than 24,000 hours to the County in 2012. She noted that there were 46 volunteers who donated more than 150 hours in 2012, and she presented certificates of recognition of service to those of the 46 present in the audience:
Marilyn Morrison, 154 hours
Public Resources Department/East Lake Library
Michael Grovac, 157 hours
Public Works Department/Environmental Services Division
Christine Gillemette, 157 hours
Public Resources Department/Cagan Crossings Community Library
James Briggs, 158 hours
Public Resources Department/Adult Literacy Program
Paul Branch, 165 hours
Public Safety Department/Emergency Management Division
Spencer Kostus, 168 hours
Public Safety Department/Emergency Management Division
Gilberte Airoldi, 171 hours
Public Resources Department/Cagan Crossings Community Library
Stephen Flynn, 191 hours
Public Safety Department/Emergency Management Division
Thomas Merchant, 201 hours
Public Resources Department/Library Services
John Walton, 227 hours
Public Safety Department/Emergency Management Division
Strait Hollis, 228 hours
Public Safety Department/Emergency Management Division
Wanda Klaus, 287 hours
Public Resources Department/Adult Literacy Program
David Belisle, 315 hours
Public Resources Department/Cagan Crossings Community Library
Nancy Puckett, 243 hours
Public Resources Department/Cagan Crossings Community Library
Charles Keller, 409 hours
Public Resources Department/Library Services Administrative Offices
George Cooke, 535 hours
Public Resources Department, Adult Literacy Program
Craig Smith, 463 hours
Public Resources Department, Cagan Crossings Community Library
Jane Smith, 463 hours
Public Resources Department, Cagan Crossings Community Library
David Hasnuma, 160 hours
Public Resources Department, Cooper Memorial Library
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 8, 2013 (Regular Meeting) as presented.
Citizen question and comment period
No one present wished to address the Board.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 and 2, 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.
Year-End Inventory Observations Audit Report
Request to acknowledge receipt of the following audit report: BCC-104 Year-End Inventory Observations, Fiscal Year ending September 30, 2012.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 4 through 14 as follows:
Facilities Development and Management
Request for approval to award contract 13-0203 for provision of new fuel pump control systems to Guardian Fueling Technologies (Sanford, FL). The fiscal impact is $32,973.41 (Expenditure).
Request for approval to award contract 13-0414, Pest Control Services to Massey Services (Leesburg, Florida) and to authorize the Procurement Office to execute all supporting documentation. The fiscal impact is estimated at $53,127 (Expenditure).
Fiscal and Administrative Services
Request for the Board to declare the items on the attached list(s) surplus to County needs and authorize the removal of all of the items on the attached lists from the County's official fixed asset inventory system records.
Growth Management
Request for approval to advertise the Accessory Structure and Use Ordinance. There is no fiscal impact.
Request for approval to advertise the Nonconforming Development Ordinance. There is no fiscal impact.
Request for approval to advertise the Mining Ordinance. There is no fiscal impact.
Public Resources
Request for approval and signature of the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement and Resolution No. 2013-20 for National Scenic Byways Program Grant for the North Shore Trailhead and Scenic Overlook construction project; approval and signature of the Unanticipated Revenue Resolution (URR) Resolution No. 2013-21. Approval to permit, mitigate and construct the North Shore Trailhead and Scenic Overlook. The grant, administered by FDOT, is a federal grant from the U.S. Department of Transportation, Federal Highway Administration. The total project estimate is $896,894 ($681,855 grant; $215,039 match). The estimated fiscal impact for FY 2013 is $896,894. Commission District 2.
Public Safety
Request for approval to purchase CenturyLink services to provide for E911 Equipment Relocation for the new Emergency Communications & Operations Center. The fiscal impact is $88,443.39. Funding is available in approved and funded E911 budget (Expense).
Request for approval to purchase CenturyLink Ethernet services to provide E911 connectivity for Equipment Relocation for the new Emergency Communications & Operations Center. The fiscal impact is $36,028 over the 3 year term. Funding is available in approved and funded E911 budget (Expense).
Public Works
Request for approval and signature of Resolution No. 2013-22 and execution of the FDOT Supplemental Amendment #1 to JPA Agreement (FM#429260-1-58-01) for Construction of Intersection Modification Improvements on SR 19 & CR 450E (Collins St.) in the amount of $32,574.00; approval and signature of the Unanticipated Revenue Resolution No. 2013-23 to amend the budget; and authorization to award CR 450 (Collins Street) Intersection with SR 19, Project No. 2013-01, Bid No. 13-0013, to Atlantic Civil Constructors Corporation, in the amount of $357,573.34, and to encumber and expend funds in the amount of $357,573.34 from the Federal/State Grants Fund for the CR 450 (Collins Street) Intersection with SR 19 project. The fiscal impact is $357,573.34. Commission District 5.
Request for approval and signature of the Second Amendment of the Interlocal Agreement with the City of Tavares for the construction of Alfred Street. Request approval to advertise for bids on this project. The fiscal impact is $4,298,123.71 (Expenditure). Commission District 3.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 15 as follows:
Request to approve and award bid for County owned property declared surplus formerly known as the Picciola Fire Station to Kenneth A. Bragg; and execution of County Deed. The fiscal impact is $10,125 (revenue).
public hearings: rezoning
Mr. Brian Sheahan, Planning and Community Design Manager, stated that the zoning cases had been properly advertised and that there were no changes to the agenda.
rezoning consent agenda
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Sullivan, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2013-8
PH# 3-13-1
Rubin Groves of Clermont, LLC/Sheldon Rubin
Rubin Groves PUD Rezoning
The Applicant is requesting to rezone 131+/- acres of Agriculture (A) Zoned Property to Planned Unit Development (PUD) Zoning District, to permit the development of a Mixed-Use PUD consisting of 490 Single-Family Residential Units (Maximum) and 96,594 SF (Maximum) of Commercial uses (such as retail, professional office, and medical services).
Tab 2. Ordinance No. 2013-9
PH# 38-12-2
Jimmy D. Crawford/Colonial Acquisitions, Inc./Raymond D. Reed
Reed Nissan Stormwater Facility Rezoning
The Applicant is requesting to rezone 9.5 +/- acres from Agriculture (A) to Planned Commercial (CP) for commercial development of the property as a stormwater retention facility for the Auto Dealership being constructed on an adjacent parcel.
rezoning regular agenda
LPA# 13/2/1-5 - Comprehensive Plan Amendment (transmittal)
Mr. Sheahan stated that case no. LPA# 13/2/1-5, involving the northeast corner of CR 44 and Emeralda Avenue, was a County-initiated change that had been previously approved by the BCC at the adoption of the Comprehensive Plan and that was rejected by the Florida Department of Community Affairs (FDCA) on procedural grounds.
Commr. Campione asked for clarification on why the FDCA had rejected this Comprehensive Plan amendment.
Mr. Sheahan explained that the FDCA had previously accepted amendments during the adoption stage for the Comprehensive Plan, but it had been determined that this could no longer be allowed. He noted that staff had been informed of this change after the BCC had adopted the amendments and had been directed to bring them back at the County’s earliest convenience.
Commr. Campione specified that FDCA had not made any decisions on the merits of the amendments; they only dictated that amendments could not be added on after the fact.
Mr. Sheahan stated that the property was currently zoned as Rural Transition, and there was an existing convenience store and small trucking operation called Custer Trucking on the property. He explained that the Future Land Use change from Rural Transition to Industrial would make the property conforming to the current uses as well as support the industrial uses to the east. He noted that staff had recently evaluated the property for another retail operation, which would be allowed in support of the industrial uses in the same area.
Commr. Campione asked what the underlying zoning was for the property.
Mr. Sheahan replied that the property currently used for the trucking operation was zoned Planned Commercial (CP), as was the property for the small convenience store.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved for transmittal Comprehensive Plan Amendment No. LPA# 13/2/1-5, a request to change the Future Land Use Category on Parcels described as AK#s 1176913, 2930705, 2582952, the portion of land described as AK# 1388121 lying directly south of the parcel described at AK# 1176913 and the portion of lands described as AK#s 1176905 and 1388121 lying directly south of the parcel described as AK# 2582952 from Rural Transition to Industrial, for transmittal to the Florida Department of Community Affairs.
LPA# 13/2/3-1 - Comprehensive Plan Amendment (transmittal)
Mr. Sheahan stated that Comprehensive Plan Amendment LPA# 13/2/3-1 was to change the Future Land Use Category on the subject parcels located east of CR 565 and west and north of Christopher C. Ford Commerce Park and Langley Industrial Park from Rural Transition and Urban Low Density to Regional Office. He specified that the amendment had originally been approved by the BCC at the Comprehensive Plan adoption hearing, but it had been rejected by FDCA due to procedural grounds. He mentioned that staff had contacted the Woodlands at Church Lake, and some of the residents expressed concerns regarding the amendment during the zoning hearing. He noted that one gentleman had wanted the property to remain Rural Transition; however, he explained that that would result in an enclave of rural uses completely surrounded by office and industrial uses. He stressed that the Future Land Use did not entitle the property to a specific use; it only meant that the property could eventually be used for that purpose and would require additional hearings before the BCC for approval. He reported that the subject properties were currently zoned Agricultural, so any commercial uses would require rezoning. He stated that limited multi-family residences would be allowed in the Regional Office category as one unit per 10,000 square feet, which was a relatively high ratio compared to elsewhere in the State. He calculated that it would take 26,400 square-feet of commercial or office uses to reach the maximum density, which was very unlikely with the subject property. He mentioned that any development of the property would have to go through concurrency, demonstrate that they will not have an adverse effect on existing roadway, and determine and mitigate any impacts to school concurrency prior to any residential development being approved. He stated that concerns such as stormwater, noise, or landscaping would be addressed during the site plan stage and to some limited degree through the rezoning stages. He commented that the Regional Office category had very strong requirements in the Comprehensive Plan policy for design standards and to mitigate any impacts on adjacent properties to ensure compatibility with local residential communities. He commented that the adjacency of the commerce park helped ensure that there was a transition of land uses, because staff had not wanted to abut industrial land uses immediately adjacent to a residential use, and the Regional Office category served as a buffer to transition from high intensity to less intensity uses.
Commr. Campione clarified that the buffering and actual zoning of the property would be determined at the time of the zoning hearing, so if a particular office use came in, then at that point staff would look at where it was in relation to the residential properties and determine whether additional buffering was needed.
Mr. Sheahan added that the community would have another opportunity to comment and express concerns on any specific development requests that came in for that property during the zoning hearing. He also noted that the LDR currently required screening walls between six and twelve feet tall to be in place when residential development is adjacent to any industrial development. He mentioned that the Planning and Zoning Board unanimously recommended approval of the amendment.
The Chairman opened the public hearing.
Mr. George Wright, representing concerned residents of the Woodlands at Church Lake in Groveland, addressed the Board in opposition to the Comprehensive Plan amendment. He displayed a picture showing the wetlands of the subject property both with and without drought conditions and specified that the issue he was addressing pertained to the property with the Alternate Key number 1092591. He expressed concern that the property was primarily a wetlands area and was too close to their single-home community to put businesses on. He stated that he would not like to see the zoning go through on that section and stressed the importance of protecting the County’s wetlands.
Commr. Parks asked how much of property 1092591 was actually able to be used.
Mr. Sheahan replied that he did not have the specifics at this time, adding that they were usually addressed during the rezoning stage, and the approved uses would be addressed during the site plan stage.
Commr. Campione asked for more information regarding the setbacks off of the wetlands.
Mr. Sheahan replied that the Comprehensive Plan required a 50-foot setback from any developed property for surrounding undisturbed wetlands.
Commr. Cadwell asked whether there were any alternatives to zoning the entire parcel for one use.
Mr. Sheahan replied that an issue like that would be addressed during the rezoning stage.
Commr. Campione asked whether the Board could run the zoning concurrently with the land use to ensure the zoning did not exceed residential use.
Mr. Sheahan answered that there could be a standing direction from the Board to have a county-initiated Future Land Use Map Amendment for when and if a rezoning request was submitted.
Mr. Minkoff stated that the amendment currently before the Board was for transmittal only, and after FDCA approval of the amendment, staff could bring back a Board-initiated rezoning at the same time as the adoption hearing.
Mr. Sheahan expressed concern over the Board’s desire to designate the property solely for residential use, explaining that the land use category was a proportional land use category, so only one unit would be allowed for every 10,000 square-feet.
Commr. Sullivan commented that it would not be practical to construct office space on the parcel in question.
Commr. Campione stated that if someone was looking to build office space and the parcel in question remained tied to all four parcels regarding this Comprehensive Plan amendment, then they would look at all four properties and not just the one for the office space to residential space ratio. She opined that designating that parcel for residential only would prevent the enclave.
Mr. Joseph Szymborski, a resident of the Woodlands at Church Lake subdivision in Groveland, stated that he lived in the last house on Liberty Drive before the parcel in question, and the owner of that parcel had listed the property for sale. He noted that the owners were not trying to sell any of the other parcels, just that one 20-acre parcel, and so the issue of rezoning the property needed to be addressed sooner rather than later.
Mr. Sheahan stated that the subject parcel was currently zoned Urban Low Density with a maximum density of four units per acre. He estimated that the gross density would be closer to 2.6 units per acre. He added that the parcel also included significant wetlands.
Mr. Minkoff stated that if the Board wanted to require the rezoning of the property, then they would need to have staff contact the property owner and provide notice to allow the property owner to comment at the rezoning hearing. He noted that if the amendment was approved, it would be transmitted today, and it would be about three months before it came back from FDCA, at which time both the adoption hearing for the Comprehensive Plan and the rezoning hearing would take place.
On a motion by Commr. Sullivan, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Comprehensive Plan Amendment LPA# 13/2/3-1, a request to change the Future Land Use Category on parcels described as Alternate Key Nos. 1587166, 3781212 (less S 1/2 of SW ¼, less CR 565), 1092591 and 1024609 from Rural Transition and Urban Low Density to Regional Office, for transmittal to the Florida Department of Community Affairs and also approved the stipulation that a portion of Alternate Key No. 1092591 be rezoned to provide protection against any but residential development.
RECESS AND REASSEMBLY
The Chairman announced at 9:56 a.m. that there would be a ten-minute recess.
rezoning regular agenda, cont.
Lpa# 13/1/8-2 – Comprehensive Plan Amendment (Transmittal)
Mr. Sheahan stated that Comprehensive Plan Amendment LPA# 13/1/8-2 would change the Future Land Use Map from Regional Office to Regional Commercial for six parcels located on the south side of SR 50, west of the county line, near the Magnolia Point subdivision. He explained that the amendment was originally made at the adoption hearing for the 2030 Comprehensive Plan. He mentioned that the Honda site had been completed but did not conform to the Regional Office Land Use Category, which does not allow retail sales as a principal use. He noted that all of the subject parcels were zoned Light Manufacturing with the exception of the Headquarter Honda site which was zoned Planned Commercial. He specified that the main purpose of the amendment was to change the Regional Land Use from Regional Office to Regional Commercial to facilitate the development of commercial uses, which would be compatible with the existing development pattern of the area, and he explained that many of the specifics between Regional Office and Regional Commercial were identical. He mentioned that several letters of opposition had been received regarding the amendment, and some expressed concern that the Regional Commercial category would allow for heavy industrial uses and that SR 50 would not be able to handle the additional traffic. He stressed that neither Land Use Category allowed for heavy industrial uses and that the Florida Department of Transportation had recently evaluated the intersection of Lake Blvd. and SR 50 and found that there were no compatibility issues. He also mentioned that because the site was formerly used as a C&D landfill and borrow pit, the Florida Department of Environmental Protection had been contacted and found that there were no issues on the site, and it could be developed for commercial uses or other development. He noted that a stormwater permit from the St. Johns River Water Management District (SJRWMD) was not needed until the site was developed. He commented that there was substantial buffering that had been required by the LDR, as well as a Planned Commercial zoning requirement for buffers for adjacent residential uses. He stated that letters of concern had also specifically addressed the Honda site, and he explained that an extensive hearing had already taken place regarding that property, and the Board had approved the site plan. He summarized that the property would have be rezoned if it was going to be developed for any type of retail use, appropriate conditions would be applied to any planned commercial district to ensure compatibility with the neighbors, stormwater issues would be addressed through normal permitting procedures with SJRWMD, concurrency with the roads would be required at site plan approval and proof would be needed showing there was no adverse impact to SR 50 or else address the impacts prior to development approval. He stated that the Planning and Zoning Board recommended approval of the amendment.
Commr. Campione asked what the land use had been on the subject properties before the Comprehensive Plan was put in place.
Mr. Sheahan replied that it was Employment Center with Urban Expansion.
Commr. Campione reviewed that the 2030 Comprehensive Plan had taken that category and broken it down into smaller cub-categories. She then stated that the only difference between the Regional Office and Regional Commercial land uses was the allowance of retail uses with Regional Commercial.
The Chairman opened the public hearing.
Mr. Samuel E. Lewis, a resident of Winter Garden in Lake County, stated that he lived in close proximity to the property in question and remarked that those who lived in that area were opposed to the amendment. He remarked that he did not understand why it was necessary. He asked if the amendment specified what uses were light industrial versus manufacturing.
Commr. Campione replied that the Comprehensive Plan outlined that light industrial uses such as manufacturing, wholesale trade, transportation, communications, electric, gas and sanitary services were limited to those without off-site impacts and would take place primarily within an enclosed building. She specified that manufacturing activities would have to take place inside the building.
RECESS AND REASSEMBLY
The Chairman announced at 10:34 a.m. that there would be a five-minute recess due to a power outage in the chambers.
Lpa# 13/1/8-2 – Comprehensive Plan Amendment, cont.
Mr. Lewis stated that he was opposed to the amendment, because he did not see a good or valid reason for the change since most of the uses would be covered under the current zoning.
Ms. Amy Wright, a resident of Winter Garden in Lake County and neighboring property owner to the parcels in question, stated that while Mr. Sheahan had mentioned there would not be heavy industrial concrete operation, he did not mention gummite operations or trucking operations on those properties. She asked whether gummite could go back on the property and whether retail trucking operations that would sell and haul dirt would be allowed, noting that those uses were considered industrial uses. She stressed that the retail uses were not needed and mentioned that retail operations were already taking place on those properties without permission. She also mentioned that the noise from the car dealership intruded on the neighboring residents.
Ms. Anita Geraci-Carver, the attorney representing B&B of South Florida, a property owner who owned two parcels west of the Honda dealership, addressed the Board in support of the amendment. She stated that her client approved of the amendment and supported the County’s decision to move forward with it. She opined that the location was ideal for Regional Commercial because it had direct access to SR 50 and was about a mile from the Florida Turnpike interchange. She stated that the property had been vacant for some time, and the demand for the uses were commercial. She noted that there were a number of vacant properties along SR 50 and US 27 that were commercial office spaces. She mentioned that her client would adhere to all of the setback requirements and address all of the concerns of the neighboring property owners in the site plan. She reiterated that light manufacturing is currently allowed and specified that her client had a stipulated agreement with the County that allowed light manufacturing on the property.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Campione remarked that it was her understanding that the uses Ms. Wright had expressed concern about such as the gummite and the retail trucking business would not be allowed under the light industrial uses.
Mr. Sheahan confirmed that this was correct and explained that any manufacturer of any aggregate materials such as an asphalt plant, gummite manufacturing, or tire shredding were considered heavy industrial uses and would not be allowed on the subject properties. He noted that any light industrial uses that took place primarily outside an enclosed building would require a conditional use permit to allow operations.
Commr. Parks asked if a noise study would be conducted should light industrial uses be pursued.
Mr. Sheahan replied that there would be a noise study, and those issues would be addressed during the site plan.
Commr. Parks opined that the concerns of the neighboring property owners were valid, especially considering the concrete plant that had been there before, but he did not think a situation like that would be able to happen again on that site. He stated that he would like to see the site plan come back before the Board for review to ensure the concerns of the residents were addressed.
On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a vote of 5-0, the Board approved Comprehensive Plan Amendment LPA# 13/1/8-2, a request to amend the Future Land Use Map from Regional Office to Regional Commercial for six parcels located on the south side of east SR 50 and west of the County line, for transmittal to the Florida Department of Community Affairs and also approved the stipulation that the Board review the site plan to ensure the concerns of the neighboring property owners were addressed.
Lpa# 12/5-2 – rural support corridor amendment
Mr. Sheahan stated that LPA# 12/5-2 was an amendment to the rural support corridor policies to increase the impervious surface ratio (ISR) from 20 to 30 percent and increase the maximum permitted building size from 5,000 to 10,000 square-feet. He noted that a letter of concern had been received from the Friends of the Wekiva, and he reported that their concerns had been addressed by staff. He mentioned that the Planning and Zoning Board had recommended approval on a 3-2 vote and explained that there had been some concerns regarding rural compatibility for buildings of 10,000 square-feet in size.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-10 for LPA# 12/5-2, a Comprehensive Plan Amendment to increase maximum ISR in Rural Support Corridors from 20 percent to 30 percent and to increase the maximum permitted building size from 5,000 SF to 10,000 SF within all Rural Support Corridors.
PH# 1-13-5 - Crockett, Duncan, & USB Property Rezoning
Mr. Sheahan stated that case no. PH# 1-13-5 from Crockett, Duncan & USB was a request to rezone property from C-1 and C-2 to Planned Commercial District (CP) for general retail and Rural Support uses, which was reliant on Comprehensive Plan Amendment LPA# 12/5-2 which had just been adopted by the Board. He noted that this ordinance would supersede and replace Ordinance No. 2001-145. He replaced the conceptual elevations included in the conceptual plan that was part of the agenda backup with an updated copy which included more architectural features than were originally proposed.
The Chairman opened the Public Hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-11 for PH# 1-13-5 from CHW, Inc./Crockett, Duncan, USB, requesting to rezone property from C-1 and C-2 to Planned Commercial (CP) for general retail and Rural Support uses.
Public hearings
Vacation petition no. 1184 – Plat of bella collina in montverde
Mr. Jim Stivender, Public Works Director, stated that Vacation Petition No. 1184 was a request to vacate an easement between two lots owned by the same property owners in Bella Collina. He explained that the property owner wished to build a single unit on the property. He recommended approval of the request.
The Chairman opened the Public Hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2013-24 for Vacation Petition No. 1184 to vacate platted side yard utility easements in the Plat of Bella Collina, PB 51, Pg. 31, in the Montverde area.
Ordinance adopting amendment to isba with city of Umatilla
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, ADOPTING AMENDMENT TO THE INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN THE CITY OF UMATILLA AND LAKE COUNTY DATED APRIL 5, 2011; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE.
Mr. Minkoff explained that the amendment would allow approximately one dozen homes to connect to the South Umatilla Water System, and it would allow the City to do a few additional noncontiguous annexations. He mentioned that a letter from the City of Eustis had been received stating that the City had no objection.
The Chairman opened the Public Hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-12 adopting the Amendment to the Interlocal Service Boundary Agreement (ISBA) with the City of Umatilla.
Ordinance regarding public hearing postponement
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 LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, SECTION 14.00.06, ENTITLED “PROCEDURES GOVERNING PUBLIC HEARINGS;” AMENDING PROCEDURES FOR CONTINUANCES OF PUBLIC HEARINGS BY ALLOWING A REQUEST FOR A CONTINUANCE TO BE MADE FIVE DAYS INSTEAD OF THE TEN CURRENTLY REQUIRED; PROVIDING FOR INCLUDING IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Cadwell remarked that the proposed ordinance was exactly what the Board had requested staff to draft.
Commr. Campione recommended adding a note when notices are posted to remind citizens to contact the Planning and Zoning Department to receive an update on a scheduled public hearing.
The Chairman opened the Public Hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-13 amending Chapter 14, Section 14.00.06 of the Land Development Regulations to reduce the number of days a postponement may be granted by staff prior to a public hearing from ten to five.
presentation
Update on fire rescue operations
Mr. David Heath, County Manager, stated that last month the mayors and city managers from the Golden Triangle area presented to the BCC a concept for a fire district that would include servicing the County enclaves within that area. He explained that because of the placement of the County’s fire stations, it was necessary to look at fire services from a broader perspective than just the Golden Triangle area.
Mr. John Jolliff, Fire Chief and Public Safety Director, stated that the purpose of the presentation was to update the Board on the present Lake County Fire Rescue Operations and to present and analyze some options for meeting the Fire-Rescue delivery needs of the future. He reviewed that there were 42 total fire stations throughout the County, and there were 16 Advanced Life Support (ALS) stations and three Special Ops stations of the 24 County-run fire stations. He mentioned that the County held 11 individual Mutual Aid Agreements with the various municipalities as well as nine Mutual Aid Agreements with neighboring counties and districts and one special assessment district. He pointed out that the call load for the fire stations has increased as the population within the County has increased. He explained that the current funding for Fire-Rescue came from a fire assessment fee, a Municipal Service Taxing Unit (MSTU) of 0.322, an advanced life support fee, and both Federal and State grants. He stated that the budget for Fiscal Year (FY) 2012/13 was $19,842,179.
Ms. Amye King, Growth Management Director, displayed maps that outlined the growth of the municipalities over the last 15 years. She defined an Interlocal Service Boundary Agreement (ISBA) as an agreement adopted under Florida Statute 171, Part II, between a county and one or more municipalities, which may include one or more independent special districts as parties to the agreement. She listed fire services, non-contiguous annexations, addressing, animal control, solid waste, and utilities as examples of areas of mutual interest that could be negotiated with an ISBA. She stated that the County had two adopted ISBAs with Montverde and Umatilla and proposed ISBAs with Clermont, Fruitland Park, Groveland, Howey-in-the-Hills, Lady Lake, Leesburg, Mascotte, and Minneola.
Chief Jolliff stated that the guiding principles of the fire services ISBA were to ensure the quickest response with the minimum operational impact, maximize resources, and minimize costs all in the safest way possible. He defined the term mutual aid as a written agreement among two or more departments to respond to a formal request for assistance from the agency having jurisdiction. He explained that mutual aid required the arriving agency to call for assistance subsequent to initial dispatch or arrival on the scene. He defined the term automatic aid as a written agreement among two or more departments with a predetermined response plan to send assistance immediately regardless of jurisdictional boundaries. He opined that the current operational methods were not efficient because they provided fragmented service at best, and operational changes were needed to improve efficiency and effectiveness. He presented Service Option 1 which entailed compensation for service through contracting with municipalities for the closest unit coverage to service enclaves. He explained that this option sent the closest municipal unit on response depending on response zone boundaries and noted that the closing or relinquishing County stations in those areas would adversely impact County response times. He added that Option 1 would reduce funding for Lake County Fire-Rescue (LCFR) by an estimated $8.9 million, which was approximately a 50 percent reduction in revenue. He mentioned that the plan was not based on call load, and estimates of call costs would need to be determined. He also mentioned that the unincorporated enclave areas would present fire service delivery challenges. He presented Service Option 2, a fire district concept, which would send the closest unit on response and provide a system-wide distribution of public assets and resources. He explained that this option would eliminate autonomy by consolidating agencies under one single fire district, which could be a challenge because the allocation of funds would need to be negotiated. He added that this option could be county-wide or cover only a portion of the county. He presented Service Option 3, automatic-aid with true-up, in which the closest unit would respond to an emergency, regardless of the jurisdiction. He explained that this option would entail one agreement that would be signed by all participating agencies with each maintaining its autonomy, and it would allow for shared purchasing and countywide deployment strategies, saving taxpayer money. He mentioned that the important part of this option was to collect, evaluate, and analyze system-wide data over an initial period to estimate the costs for the calls, and then have an annual true-up with an established cap for each agency’s cost to ensure equity. He stated that staff recommended Service Option 3, because it was based on hard data, it reflected true costs and fairness in allocating those costs, it was a big picture solution for the best long-term outcome, and it sends the closest unit to the emergency which ensures the quickest response for residents. He requested that the BCC authorize the County Manager to negotiate an automatic-aid with true-up response policy with the municipalities that would establish rapid response zones for automatic response system-wide, ensure financial equity among participating agencies, plan for optimum fire station locations countywide, and reflect urban growth.
Commr. Cadwell expressed concern regarding the impacts to the County’s fire services and remarked that collecting the data would help show what could best be done. He asked what length of time data would be collected for.
Chief Jolliff replied a minimum of 12 to 18 months, and staff could begin analyzing the data before the end of the collection period.
Commr. Cadwell asked who would make the determination of the closest unit to respond to an emergency call.
Chief Jolliff replied that dispatch would make that determination.
Commr. Campione stated that the residents of the County wanted the quickest response time and were not concerned with who responded. She mentioned that there have also been comments by residents regarding the number of trucks that respond to an emergency and the concern that too many trucks responding might be a waste of resources.
Commr. Cadwell asked how the amounts for the true-up method for Option 3 would be determined prior to the data being collected.
Chief Jolliff replied that that would be part of the discussion with the other entities to ensure that the amount is equitable. He opined that Option 3 could be a model for other counties across the State.
Mr. Heath mentioned that staff had not had any discussion with the municipalities at this time, because staff had wanted the Board’s direction on the issue in order to deal in a consistent basis with all the municipalities.
Commr. Cadwell asked if staff would begin meeting with the cities if the Board voted to move forward with Option 3.
Mr. Heath replied that that was correct, and he opined that it was important for the County to present their plan, because presenting a solution was more productive than only discussing the deficiencies.
Commr. Parks opined that 18 months of data would be the optimal amount.
Commr. Cadwell remarked that he wanted to make sure that this was a step that the municipalities were willing to consider.
Commr. Sullivan expressed concern about a redundancy in services if the County started urban fire services. He mentioned that he supported the idea of a transition period to ensure this was the right course of action.
Commr. Conner opined that the current method of fire services for the County is inefficient. He remarked that he liked the concept of Option 3, but he did not know how to see it implemented because of the financial issues inherent in the option. He stated that he liked the concept of what the Golden Triangle cities were doing for fire services, but he did not know how to see it implemented County-wide without negatively impacting the County’s service.
Commr. Parks stated that the first responders’ agreement would be a way to begin the implementation of the County-wide fire services.
Commr. Cadwell remarked that it was easier for the Golden Triangle area to come together for fire services, because it was a smaller area and allowed them to better understand the impacts of the system. He opined that Service Option 3 was the best option of the three presented, and they could determine if it was the ideal system for the County after the period of data collection was over.
Commr. Campione opined that the only way to deal with the objective data was through the first responders’ agreement, because then they would have the raw data to make better decisions regarding call distribution. She applauded the cities of the Golden Triangle for their willingness to give up their autonomy in search of the most efficient way to provide fire services. She remarked that Service Option 3 was a way to maintain autonomy while eliminating duplication and providing consistent service throughout the County. She commented that she supported Option 3 if the cities agreed to cooperate with that option. She stated that there was a need for consistency County-wide in regards to fire services.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved for staff to contact the municipalities regarding moving forward with Service Option 3, a first responders’ agreement for automatic-aid with true-up.
fire protection services for county buildings in Tavares
Mr. Robert Wolfe, Mayor for the City of Tavares, requested that the Board include as part of their 2013/14 budget workshop a fire assessment fee to be paid to the City of Tavares to provide fire services for the County buildings located within Tavares city limits, a service currently paid for by the taxpayers of the City. He opined that the buildings were used by all County residents, so it was not fair or equitable for only the taxpayers of Tavares to pay for the service. He approximated the fee amount as $181,000 per year as what the taxpayers of the City paid to provide fire services for the County buildings located in Tavares.
Mr. John Drury, Tavares City Administrator, stated that two years ago the City of Tavares had decided to hire an independent third party to calculate the cost of providing fire services for every resident and building within City limits. He remarked that the City budgeted about $2 million per year to have the City’s fire departments ready to respond to any fire in the City. He reported that for residential fire services the cost came to approximately $12 per month per resident, and there were approximately 11 categories for buildings based on the size of the particular building. He noted that the structure the City was proposing was similar to the arrangement between Leon County and Tallahassee, where the City of Tallahassee provided fire services for the Leon County buildings within the City limits and in return Leon County reimbursed the City for those costs. He stated that the independent study determined that it cost the City approximately $181,000 to pay for the County’s share of fire protection within City limits. He requested that the Board consider contributing to the fire services the County buildings received within the City.
Commr. Conner asked if the study had been for all buildings in the City, and the consultant had also looked at the hospital, not-for-profit organizations, churches, and the Lake County Water Authority (LCWA). He specified that the churches were not charged for fire services at this time.
Commr. Conner asked if fire services included first responders or only fire.
Mr. Drury replied that it was for fire responders only, not medical responders. He specified that the cost quoted was the amount to be prepared for structural fires. He explained that the cost was determined from a price allocation per square foot, and the allocation depended on the size and type of use for the building.
Commr. Campione noted that the County used a similar method for the County’s Fire Assessment Fee. She asked what the County charged for institutional buildings.
Mr. Minkoff replied that the County was currently charging half, and then the difference was made up through the general fund.
Mr. Drury asked that the Board allow the City to work with the County Manager during the budget process to consider paying the County’s share for Fire Services.
Commr. Cadwell asked Mr. Drury if the same request was going to be made of the non-profit organizations and churches within the City.
Mr. Drury replied that the City Council had not yet addressed whether they would approach the non-profits or churches.
Commr. Campione asked if the City was going to approach the LCWA.
Mr. Drury stated that the City was only working with the County at this time.
Commr. Sullivan opined that this sounded like the right thing to do. He then expressed his concern regarding the impacts should other municipalities make similar requests for the County buildings located within their boundaries.
Commr. Conner asked when the City fire stations would become ALS certified stations.
Mr. Drury replied that it was in the upcoming budget for next year, to be implemented October 1, 2013, and all new hires have been ALS certified.
Mr. Heath stated that the County was looking at an $8.6 million deficit for FY 2013/14, and the County did not currently have $181,000 in the budget. He estimated that including the $181,000 would raise the budget cuts to seven percent.
Commr. Cadwell asked Mr. Heath to research what other counties seats were charged by their hosting cities for fire services.
Commr. Campione stated that the Board was open to discussion, but this was a difficult time to attempt to add anything to the County’s budget.
The Board came to a consensus to consider the request from the City of Tavares and add to the budget workshops a discussion regarding a Fire Assessment Fee to be paid to the City of Tavares for fire services for County buildings within the City limits.
Appointments
Appointments to Enterprise Zone Development Agency
Commr. Campione suggested that there might be the possibility of a brown fill designation in the Mascotte area that would also allow for some additional benefits for the enterprise zone.
On a motion by Commr. Sullivan, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Dwight R. Seidner to the Enterprise Zone Development Agency to complete an unexpired one-year term ending June 12, 2013, as well as set the following term limits for current Enterprise Zone Development Agency members: Mr. Robert A. Cronin, Ms. Mary Marquard, and Ms. Emily A. Lee to each serve a two-year term ending June 12, 2014; Mr. Louis C. Ward, Ms. Wynderlon O. Blue, and Mr. Kent Adcock to each serve a three-year term ending June 12, 2015; and Ms. Nancy Muenzmay, Ms. Ginger Howard, and Ms. Sue Cordova to each serve a four-year term ending June 12, 2016.
reports – county manager
The County Manager reported that the County had received notice from the PetFinder Foundation stating that the Lake County Animal Services Shelter would receive a Rescue U Renovation award valued at approximately $25,000. He specified that the grant funds would go towards improvements for the Animal Services building. He stated that the PetFinder Foundation was requesting to begin construction on March 10, 2013.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the acceptance of the PetFinder Foundation Grant and the start of construction on the County Animal Services Building.
reports – commissioner parks – district 2
Proclamation regarding Sommer Sports 30th Anniversary
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2013-17 celebrating Sommer Sports 30th Anniversary.
Proclamation honoring national training center in south lake
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2013-18 honoring the South Lake Chamber and the National Training Center.
reports – commissioner conner – district 3
Lake-Sumter MPO Meeting
Commr. Conner announced that he would not be able to attend the Lake-Sumter MPO meeting on Wednesday, February 27, 2013.
reports – commissioner cadwell – district 5
Lake View Terrace groundbreaking ceremony
Commr. Cadwell reported that Lake View Terrace was having a groundbreaking ceremony at 4:30 PM. He stated that he had initially said he would attend but could no longer do so, and asked if one of the other commissioners could attend in his stead.
Commr. Campione said she would attend.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
budget meetings with constitutional officers
Commr. Campione reported that they had begun to schedule meetings with the County’s constitutional officers to discuss budget issues and that the first meeting would take place on Wednesday, February 27, 2013.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:06 p.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK