A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
September 24, 2013
The Lake County Board of County Commissioners met in regular session on Tuesday, September 24, 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; Niki Booth, Office Associate V, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Courtney Vincent, Deputy Clerk.
INVOCATION and pledge
Pastor Rick Fountain of the Tavares First Baptist Church gave the Invocation and led the Pledge of Allegiance.
Agenda update
Commr. Cadwell requested that Tab 45, a request for approval and presentation of a proclamation regarding Breast Cancer Awareness Month, be moved to immediately after the Agenda Update.
Proclamation regarding breast cancer awareness month
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2013-97 proclaiming the month of October, 2013 as Breast Cancer Awareness Month in Lake County.
Commr. Cadwell read the proclamation and then presented a copy to Mr. Jerry Smith, Executive Director, Lake EMS.
Citizen question and comment period
No one present wished to address the Board.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Lands Available List
Request to acknowledge receipt of property placed on the Lands Available List. Lake County has until November 25, 2013 to purchase property from the Lands Available List before it is available to the public.
2013/2014 Budget for the Cascades at Groveland Community Development District
Request to acknowledge receipt of the Final Adopted Fiscal Year 2013/2014 Budget for the Cascades at Groveland Community Development District, along with a cover letter dated August 27, 2013. This budget is being submitted pursuant to Section 190.008(b), Florida Statutes, and has also been posted on the Lake County website.
2013/2014 Budget for Greater Lakes/Sawgrass Bay Community Development District
Request to acknowledge receipt of the Final Adopted Fiscal Year 2013/2014 Budget for the Greater Lakes/Sawgrass Bay Community Development District, along with a cover letter dated August 27, 2013. This budget is being submitted pursuant to Section 190.008(b), Florida Statutes, and has also been posted on the Lake County website.
Resolution Regarding Meeting Schedule for Greater Lakes/Sawgrass Bay
Request to acknowledge receipt of a copy of Resolution 2013-07 identifying the Fiscal Year 2013/2014 meeting schedule for the Greater Lakes/Sawgrass Bay Community Development District, along with a cover letter dated August 27, 2013.
Southwest Florida Water Management District’s Fiscal Year 2014 Schedules of Meetings
Request to acknowledge receipt of Southwest Florida Water Management District’s Fiscal Year 2014 Schedules of Meetings and a map depicting the District’s boundaries, as required by Section 189.417, Florida Statutes.
2013/2014 Budget for Estates at Cherry Lake Community Development District
Request to acknowledge receipt of the Final Adopted Fiscal Year 2013/2014 Budget for Estates at Cherry Lake Community Development District.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 25 as follows:
Community Services
Request to approve the funding request for the Lake County School Board’s Career, Adult & Community Education Driver’s Education Program - Behind the Wheel Training for Fiscal Year 2013-2014. The fiscal impact is $174,584.00 and is fully funded by the Traffic Education Trust Fund.
Request to approve and authorize the Chairman of the BCC to sign the agreement between Lake County and We Care of Lake County, Inc. for operation of the Lake County We Care Program effective October 1, 2013 through September 30, 2014. The fiscal impact is $66,975.00 (expense).
Request to approve the funding request for LifeStream Behavioral Center, Inc. for Fiscal Year 2013-2014. The fiscal impact is $873,987.00 and is fully funded by the General Fund (Expense).
Request to approve and authorize the Chairman of the BCC to sign the contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department. The contract is effective October 1, 2013 through September 30, 2014. The fiscal impact is $321,312.00 (Expense).
Request to approve the quote from HRH/Hunt Insurance Group, Inc. to renew the catastrophic/hospital inmate medical insurance policy effective October 1, 2013 through September 30, 2014 and to authorize the County Manager to sign all related implementation documentation. The fiscal impact is $47,746.00 (Expense).
Request for approval to renew for a one-year period, the agreement between Lake County and the Lake County School Board for continued funding to the Lake County Shared Services Network in the amount of $25,000.00 for Fiscal Year 2013-2014. Funding will be taken from the Crime Prevention Fund established by the County pursuant to Florida Statute 775.083(2). The fiscal impact is $25,000.00 (Expense).
Request for approval to appoint Lake County Public Transportation representatives to the Lake-Sumter Metropolitan Planning Organization (LSMPO) Technical Advisory Committee.
Request for approval of annual grant funding for 12 organizations who have submitted applications for Fiscal Year 2013-2014 County funds through the Children's Services Council Grant Request for Proposal (RFP) process; authorization for signatures on subsequent agreements; and authorization to encumber and expend funds. The fiscal impact is $150,761.00 (Expense).
Request for approval of the Transportation Coordination Agreements between the Lake County Board of County Commissioners and Beacon College; Bridgeway Services; Joan Brower; Building Block Ministries; Creative Concepts; Earth Angels; Gift of Love; Great Expectations of Lake County; Kinsman Transportation; Life Care Services; Love Thy Neighbor; Sunrise Arc; and Tee Foundation for the provision of transportation service for the Agency for Persons with Disabilities (APD) clients and self-pay clients. There is no fiscal impact.
Conservation and Compliance
Request for approval to award Contract 13-0029 for code enforcement special master services to Sellar, Sewell, Russ, Saylor, & Johnson P.A. (Charles D. Johnson) as the primary special master; and Shuffield, Lowman & Wilson, P.A. as the alternate special master. The fiscal impact cannot be determined at this time. The previous annual expenditure for these services was approximately $6,000.
Economic Development and Tourism
Request to approve the revised TDC Capital Projects Funding Policy. No fiscal impact.
Fiscal and Administrative Services
Request for approval of Resolution No. 2013-112 adopting fee schedules for FY 2014.
Request for approval to award contracts 13-0037 for countywide temporary labor services. The actual fiscal impact cannot be determined at this time as expenditures will be based on needs as they occur. Last year the County spent approximately $166,000 for these services.
Request for the provision of various reprographic equipment and services to County departments through competition-based use of an existing contract. Further request that the Procurement Office be authorized to complete all implementing documentation. The estimated annual fiscal impact is $159,590 (expenditure).
Request for the Board to declare the items on the attached list surplus to County needs, authorize the removal of all of the items on the attached list from the County's official fixed asset inventory system records, and authorize the Procurement Manager to execute any required title documents.
Growth Management
Request for approval of an executed Settlement Agreement between National Loan Acquisition Company for property, a/k/a All Star Sports Camp (the “Camp”) and Lake County, FL. The Camp was constructed without site plan approval or building permits. The Settlement Agreement provides remedies for several issues that have complicated efforts to bring the property into compliance, including the construction of structures within the required wetland setback, incorrect placement of wastewater treatment facilities and changes in the Florida Building Codes. Per the Settlement Agreement, the County will receive $15,000 for wetlands impact mitigation which will be credited towards public lands restoration. The County will serve as a pass through for Lewis Stone’s fee (Special Master); County's cost is $0.
Public Resources
Request for approval and execution of Interlocal Agreements between Lake County and the governing bodies of the Lake County Library System member libraries relating to the provision of Library Services. The fiscal impact for FY2014 is $959,290 (Expenditure).
Request for approval and signature of the FY 2013-2014 State Aid to Libraries Grant Application and Agreement. The fiscal impact is $200,000 - Revenue (Estimate for FY 2014).
Public Works
Request for approval of an agreement with Red Jacket Development Group for paving N. Buckhill Road from East Revels Rd to the east and south for a distance of approximately 2,800 feet. There is no fiscal impact. Commission District 1.
Request for approval and signature on Resolution No. 2013-113 authorizing the posting of “No Standing No Stopping No Drop-Off" signs on both sides of Lane Park Cutoff Rd (3444) from the Safety Complex to CR 561 including Tavares Middle School and the Safety Complex in the Tavares area, Section 6, Township 22, Range 26. There is no fiscal impact. Commission District 3.
Request for authorization to release a letter of credit for performance in the amount of $385,000, accept a cash surety for maintenance in the amount of $29,140.70, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Ladd Development, Inc., and execute Resolution No. 2013-114 accepting the following roads into the County Road Maintenance System: Scenic Vista Drive "Part" (0638H) and Wishing Well Lane "Part" (County Road No. 0840K). Highland Groves Phase III consists of 22 lots and is located in Section 13, Township 23 South, Range 25 East. There is no fiscal impact. Commission District 2.
Request to approve an agreement with the City of Minneola for the construction of a water line in association with the County Road Project construction of CR 50 at the intersection of US 27 in Minneola. The fiscal impact is $61,425 - Reimbursable (Expenditure). Commission District 2.
Request for approval to award contract 13-0444 for Roadside/Right of Way Tree Trimming and Related Services - Phase I to Native Land And Tree, Inc. (Leesburg, FL), and authorize the Procurement Office to execute all supporting documentation. The fiscal impact FY 2014 is $46,820.00 -Estimated (Expenditure).
Request for authorization to accept the final plat for Village Green Partial Replat and all areas dedicated to the public as shown on the Village Green Partial Replat plat. There is no fiscal impact. Commission District 1.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 26 and 27 as follows:
Request for approval of First Amendment Number One to Trust Indenture for Lake County, Florida Industrial Development Revenue Bonds, Series 2012A (Crane's View Lodge Project) and Lake County, Florida Taxable Industrial Development Revenue Bonds, Series 2012B (Crane's View Lodge Project).
Request for approval and execution of a Partial Amendment of Conservation Easement between Deer Island Holdings, LLC as Grantor and Lake County and St. Johns River Water Management District as Grantees. There is no fiscal impact.
Presentation
Historic society business plan concept for lake county museum
Mr. Heath introduced Mr. Rick Reed, Lake County Historical Society President, to present the business plan concept to re-open the Lake County Museum located in the Historic Courthouse. He recapped that the Board had closed the museum last fall, and staff had been working with Mr. Reed since then on the results of the audit regarding the business plan. He added that the presentation also included a request to approve an $18,800 contribution to the Historical Society, which was included in the tentative FY 2014 Budget.
Mr. Reed stated that the Historical Society was stable and working and that 18 volunteers had logged a total of 134 volunteer hours since August 3, 2013. He mentioned that they had 117 members, 58 life members, and eight new members since the April reorganization meeting. He reported that their attorney had agreed to return and represent them, and their board and slate of officers included four current or former city commissioners or counselors. He commented that they had significantly addressed 11 of the 16 areas mentioned in the audit and had finished emptying the second floor of the Historic Courthouse where there had been three rooms packed with items for the museum. He specified that those items had since been removed so renovations could take place on the building and were in the process of being inventoried and organized. He stated that the Historical Society was asking the Board for permission to reopen the museum from 10:00 a.m. to 4:00 p.m. that Friday and Saturday and from noon to 4:00 p.m. on Sunday for the Rifles, Rails and History event that the City of Tavares was hosting that weekend. He added that the Historical Society was also asking for the museum to remain open after that event on Fridays and Saturdays from 10:00 a.m. to 2:00 p.m. and Sundays from noon to 2:00 p.m., with the option to extend those hours if it becomes warranted. He noted that the museum would be operated by volunteers. He explained that the new treasurer had done a great job of tracking expenditures and expenses to date, and they were confident that no money was being spent foolishly or negligently. He mentioned that they had more than $9,300 in their general fund including about $8,500 from what was given by the County last year, and he added that they had $2,500 left from a Walmart Grant that was secured for audiovisual equipment and $4,500 in a restricted fund. He stated that all state and federal filings had been completed. He asked the Board to keep the Historical Society in the County Budget and remarked that, if approved, they would like to use the requested funds to hire someone to help with the inventory project. He suggested that he could return quarterly to provide an update and that they would be prepared at any time to be audited.
Commr. Cadwell stated that he appreciated Mr. Reed and the Historical Society stepping forward to take control of the museum, and he was glad that they were moving forward.
Commr. Campione mentioned that the audit had included a recommendation for securing the display cases for the museum.
Mr. Reed replied that they had secured cases on the first floor of the museum and that the galleries would be able to be locked. He commented that part of the problem had been all of the items on the second floor that had been out in the open, and he reported that those items had been removed and everything was now secured.
Commr. Parks thanked Mr. Reed and the Historical Society for the important work they were doing for the County, and he agreed that Mr. Reed should return regularly to provide progress updates.
Mr. Heath stated that the Board was being asked to authorize the reopening of the museum and to authorize the release of the $18,000 to the Historical Society. He mentioned that there was an existing agreement between the County and the Historical Society, and that the County Attorney had indicated that the agreement did not need to be modified. He stressed that the County’s Facilities Department would be monitoring the museum and would lock up the museum any time there was no one there, because they could not return to how things were when the museum was open for periods of time without staffing.
Commr. Campione asked if the entire allocation would be awarded at once or if it would be distributed as needed through a funding request.
Mr. Heath replied that the agreement provided that the Historical Society would submit an invoice for the total amount to be released at once. He stated that he did not know what type of cash flow the Historical Society had in order to set up a reimbursement payment option.
Commr. Conner suggested releasing the funds in quarterly increments.
Mr. Reed replied that quarterly payments would be acceptable.
Commr. Campione mentioned that Mr. Reed had stated that 11 of the 16 items listed in the audit had been addressed, and she asked what the time frame was for addressing the remaining items.
Mr. Reed replied that the inventory was a massive undertaking but that everything else would be taken care of.
Commr. Campione suggested that the entirety of the funds be released.
Commr. Cadwell mentioned that the Clerk of Courts had been involved in the past with the Historical Society and he asked Mr. Neil Kelly, Clerk of Courts, his opinion on the matter.
Mr. Kelly replied that the Clerk’s Office would be glad to continue the audit services at the request of the Board.
Mr. Heath suggested having a follow-up audit of the Historical Society included as part of the audit program for next year.
Mr. Kelly agreed with that suggestion.
Commr. Conner asked if the funds for the Historical Society were originally released by the Clerk’s Office and why the Clerk’s Office assumed that responsibility.
Mr. Kelly replied that the Board would provide the funds, and the Clerk’s Office would release the funds at the Board’s direction on an annual basis. He explained that the Clerk’s Office had historically been involved since the beginning of the Historical Society, but the decision was made during the last series of events to withdraw that responsibility from the Clerk’s Office. He opined that the Historical Society was capable of overseeing their finances, and he clarified that the Clerk’s Office was currently not involved in the accounting other than representing the interest of the Board in processing the budget.
Commr. Cadwell mentioned that the Clerk’s Office had been involved in the past because the museum had been a quasi-function of the Clerk’s Office.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the reopening of the Lake County Museum and the release of $18,800 to the Historical Society for FY 2014.
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. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2013-43
PH# 20-11-1
Hillcrest Memorial Gardens/Jim Semesco
Hillcrest Memorial Gardens Rezoning
The Applicant is requesting to add a crematory to the uses allowed by Ordinance No. 2008-3 Community Facility District (CFD) Zoning District and CUP No. 450-2.
Tab 2. Ordinance No. 2013-44
PH# 16-13-5
Richard Bazinet/Lake Warehouse & Storage Astor, LLC
Lake Warehouse & Storage Rezoning
The Applicant is requesting to amend the Planned Commercial (CP) Ordinance No. 2005-25 to add Regional Commercial uses. Ordinance No. 2005-25 will be rescinded and replaced by the proposed ordinance.
Tab 3. Ordinance No. 2013-45
CUP# 13/9/1-4
Cheryl Sitton/Caroline & Nelson Sitton
Cheryl’s Doggie Day Spa Conditional Use Permit
The Applicant is requesting a Conditional Use Permit in the Agriculture (A) Zoning District to allow a pet grooming facility.
Tab 4. Ordinance No. 2013-46
PH# 15-13-5
The Boggy Creek Gang, Inc./G. Thomas Ball, Esq.
Camp Boggy Creek Community Facility District Amendment
The Applicant is requesting to rescind and replace Public Facility District Ordinances No. #49-85 and #28-93 with a new ordinance to clarify and add new uses for Camp Boggy Creek Camp.
Tab 5. Ordinance No. 2013-47
PH# 17-13-4
Timothy J. Bailey/Green Consulting Group, Inc./Timothy W. Green
Bailey Planning Unit Development Amendment
The Applicant is requesting to amend the Planned Unit Development (PUD) Ordinance No. 2012-52 to revise the distribution of dwelling units with no density increase and amend landscaping conditions. Ordinance No. 2012-52 will then be rescinded and replaced with a new ordinance.
Rezoning regular agenda
CUP# 12/7/1-1A –JAK Holdings, LLC/revolution off-road experience
Commr. Conner disclosed that about three weeks ago he had had a discussion with Mr. Donald Bronson, a resident of Clermont in opposition to the CUP amendment.
Commr. Campione disclosed that she had also had a discussion with Mr. Bronson.
Commr. Parks disclosed that he had had a discussion with Mr. Bronson and with Revolution Off-Road Driving Experience.
Mr. Sheahan presented CUP #12/7/1-1A, Revolution Off-Road Driving Experience, JAK Holdings, LLC, Mr. Kevin and Ms. Audrey Jowett. He stated that Mr. Jowett, the Applicant, was requesting to modify existing Ordinance No. 2012-43 to increase the number of special events, add primitive camping uses, increase the hours of operation by two hours, and to add a definition for the term “music festival.” He reported that the Planning and Zoning Board recommended approval of all proposed amendments with the provision that the hours of operation remain the same, specifying that they supported increasing the number of special events by two, allowing up to 50 primitive camping sites, and allowing off-site parking at a satellite property located slightly off the subject property. He stated that he had received three letters in support of and two letters in opposition to this case. He mentioned that a major reoccurring concern pertained to traffic issues, and he explained that while the first major event had caused a traffic backup in excess of four hours long on SR 33, the first event that used the satellite parking area only saw a traffic delay of half an hour between 10:00 a.m. and 10:30 a.m. He noted that he and other County staff had been present at that last event and that he had spoken with the deputy directing traffic on SR 33 who had informed him of the small traffic delay. He stated that there had been suggestions of putting in a turning lane to help alleviate traffic congestion, but that it would not help in this particular situation because the problems arose from the large amount of traffic in a narrow window of time and was not a regularly occurring phenomenon. He opined that the combination of the deputy being stationed at SR 33 directing traffic and the additional parking helped the traffic situation. He mentioned that the Applicant was requesting to allow primitive camping during special events, and he reported that there had been no complaints, security issues or problems when a trial run of the primitive camping had been allowed at a recent event. He reported that the Applicant wanted to increase the hours of operations during some of the special events from 7:00 p.m. to 9:00 p.m. to accommodate those events, and he specified that the Planning and Zoning Board did not support this request. He added that the Applicant was also requesting to increase the number of special events held on the property by two, and that number was not felt to be intrusive of the neighboring properties. He mentioned that the last event was the first full instance of using the special event permitting that had recently been adopted by the Board, and he commented that it had worked very well in ensuring a safe event with the least amount of impact to neighboring residents.
Mr. Jowett, the Applicant and owner/operator of Revolution Off-Road Driving Experience, emphasized that it was important that Revolution Off-Road present itself as a reputable company because his was a small business playing in the large arena of the entertainment tourism industry in Central Florida. He mentioned that they advertised extensively in national and international magazines, as well as through brochures distributed throughout Orlando and Lake County, television, and arrangements and programs with various travel companies. He added that they also entertained journalists on a regular basis. He commented on their social media presence and website, and mentioned that 35 different ticketing companies sold tickets and promoted his business as well. He stressed that the advertising not only promoted Revolution Off-Road, it promoted Lake County as well since his business was located in Clermont. He also explained that his business’s connections to such organizations as the Florida Attractions Association and Orlando Fun Partners helped to promote Lake County through the events these organizations held as well as the tourism outreach they provided. He stated that his business spent approximately $150,000 with about 34 local businesses over the last year. He remarked that he needed to look to the future of his business, specifying that he was currently looking at extreme running events as well as other events such as archery as a growth opportunity. He explained that he was requesting to hold four special events for over 2,000 people on his property, because only being allowed to hold two restricted their growth. He stated that they had addressed the traffic concerns by no longer allowing event organizers to collect money at the front gate, adding a second sheriff’s deputy to direct traffic, putting electronic boards on SR 33 warning about possible traffic delays, and adding the additional 20-acre parking site. He also mentioned that a comprehensive plan had been put together for special events with the help of County staff and the Sheriff’s Office which had helped to further alleviate any problems. He reported that there had been no problems during a trial run of the primitive camping with about 50 tents. He commented that the request to increase the hours of operations for special events was important because events looking to use his property might want to stay open until 9:00 p.m. instead of 7:00 p.m., and he stressed that extending the permitted hours of operation did not mean that every event would last until 9:00 p.m., noting that attendees at most events tended to leave by 6:00 p.m. He mentioned that the organizers of the next event had budgeted over $100,000 to spend locally in preparation of their event and that larger events would spend substantially more, employing upwards of 50 people to help set up, run, and then break down the event. He stressed that each event he held was of great benefit to Lake County, estimating that each event created an economic impact of over $500,000 towards Lake County.
Commr. Cadwell asked what type of events would last until 9:00 at night.
Mr. Jowett replied that one such event held last year was a prestigious extreme race called “Run for Your Lives,” and that there had been an after party after the race. He mentioned that he monitored the sound levels of the music at the events and there had never been an objection during an event to the amplified music being played.
Commr. Parks stated that he had conducted an economic analysis with the help of the Economic Development Department, and his calculations agreed with the estimated $500,000 in economic impact based off of five percent of the attendees staying overnight.
Mr. Jowett replied that his estimate had been based on five percent as well, and he remarked that his business worked with hotels such as Hampton Inn, Holiday Inn, and Summer Bay Resort and that he paid to advertise in their brochures. He mentioned that all of those hotels saw an increase in occupancy when there was an event in the area. He also noted that the cabins at Lake Louisa were always full when his business held an event.
The Chairman opened the public hearing.
Ms. Nancy de la Madriz, a resident of Clermont, addressed the Board in opposition to the proposed CUP amendment. She stated that she was the nurse for Mr. Travis Ward, an adjacent property owner to the property in question and a quadriplegic who was unable to move on his own. She explained that it was part of her responsibilities to get him out of bed in the morning and help him prepare for the day, a process which she estimated could take up to four hours. She remarked that she had been stuck in the long line of traffic the day of the first large event Mr. Jowett was hosting, forcing Mr. Ward to remain in bed in distress. She emphasized that Mr. Ward was a Lake County citizen and a veteran and that he deserved better treatment. She commented that Mr. Ward had purchased his property to live in a country atmosphere and that the large events held on Mr. Jowett’s property did not belong in the Green Swamp. She stressed that her concern was for her patient, because she had noticed a decrease in Mr. Ward’s health since the large events began. She then reported that she had brought her 15-year-old daughter and her daughter’s friend with her to Mr. Ward’s home during the last small event held by Mr. Jowett and had allowed the girls to go to the event while she was tending to Mr. Ward. She stated that the girls had been asked to sign a waiver before entering the event, even though they were under 18, and that the two teens had been able to purchase a beer at the event, whereupon they had returned to Mr. Ward’s house with the unopened can of beer. She added that she had called the police to let them know her concerns.
Ms. Wanda Osteen, a resident of Clermont and neighboring property owner, addressed the Board in opposition to the proposed CUP amendment. She stated that her 19-year-old grandson had attended one of the events and had not only been served alcohol but had also been asked to help serve drinks when some of the hired servers had left. She stated that she lived about a mile from Revolution Off-Road, and she could hear the music when it was played during events. She then expressed her concern regarding Hobo Lane, explaining that GPS providers indicated that this small one-lane road was a valid way to reach Revolution Off-Road and that this was a danger because of the increased traffic, the speed of the cars, and the lack of adequate room for cars to pass each other. She stated that they lived out in the country for the peace and quiet, and stressed that Revolution Off-Road infringed on that atmosphere.
Mr. Sheahan stated that Mr. John Moore and Mrs. Kim Moore, residents of Clermont who lived with Mr. Ward, had filed a Notice of Appearance.
Mr. and Mrs. Moore showed a video clip taken from the front porch of Mr. Ward’s property to demonstrate the noise level from the Savage Race event at Revolution Off-Road and explained that the camera was actually pointed away from the event. They also showed a video of the parking lot Mr. Jowett had purchased that was directly across from the front of Mr. Ward’s property during the Run for Your Lives race, pointing out the noise that could be heard from the event as well as the amount of traffic and number of pedestrians. They also stressed that no survey had been conducted on the property being used as a parking lot, so there was no guarantee that the attendees were parking only on Mr. Jowett’s property. They then showed another video clip of the traffic backup on SR 33 as well as on CR 561, explaining that the traffic had started to back up at 8:00 a.m., not 10:00 a.m. They also showed a video clip of alcohol being sold to a minor and pictures of the condition of their dirt road, Hobo Road, the parking area across from Mr. Ward’s house, and the congestion on SR 33.
Mrs. Moore stated that traffic was backed up at the last large event to Old World Road, and she opined that the heavy traffic and the parking lot did not belong in the Green Swamp. She reported that Mr. Ward had called Code Enforcement regarding the terrible condition of their road until lime rock had been put down. She mentioned that people parking in the ancillary lot across from Mr. Ward’s house had to walk almost three-quarters of a mile back along the easement to the entrance of the race with cars flying back and forth. She commented that Hobo Lane did show up on GPS as the entrance to Revolution Off-Road and that this issue had been reported to Mr. Sheahan but had not yet been remedied. She reiterated that a survey had not been done on the 20-acre lot Mr. Jowett was using for additional parking, which meant that the visitors to the events could be parking on private property instead of Mr. Jowett’s property. She stated that Mr. Ward’s house was on a small clay road that could not handle the level of traffic that Revolution Off-Road was causing. She also commented on a picture of the entrance to the property that showed a Sheriff’s deputy toting people on the back of the cruiser, opining that it showed a lack of control.
Mr. Donald Bronson, a resident of Clermont, addressed the Board in opposition to the proposed CUP amendments. He opined that 200 acres of land was not a sufficient amount of space for Mr. Jowett to be hosting such large events, especially without sufficient roads or sufficient parking. He stated that he was there to support Mr. Ward, who had been deprived of his small business of raising deer because of the events held by Mr. Jowett. He explained that Mr. Ward had been forced to sell his deer after they became extremely agitated from the level of noise and the people attending the events, and now he only had cattle left. He opined that the Board made a mistake in approving Mr. Jowett’s business, because it did not belong in the Green Swamp where it could pollute the Floridan Aquifer. He asked whether the St. Johns River Water Management District or the Department of Community Affairs had provided any input regarding Revolution Off-Road. He estimated that the events Mr. Jowett held did not provide much of an impact to Lake County because of the proximity to Polk County and the accommodations available there. He opined that a deceleration lane was needed on SR 33, and he expressed his concern that someone would be killed on SR 33, especially because of the large trucks that sped along that road. He asked the Board to deny approval of the CUP amendment.
Mr. Travis Ward, a resident of Clermont and neighboring property owner, addressed the Board in opposition to the proposed CUP amendments. He stated that he put a lot of money into his property and into raising deer and cattle, and he felt as if it was all being taken away from him. He mentioned that Mr. Jowett had told him that the first event being held would have approximately 400 people, but several thousand had attended. He explained that the deer had begun crashing through the fence because of the noise generated by so many people in close proximity to his deer pens. He stated that he still had his cattle, but they had been spooked during the last big event and almost ran the fence, causing him to worry that he would lose them as well. He opined that Revolution Off-Road could not handle big events and that the traffic backed up for miles on SR 33 was a safety hazard. He remarked that music at the events was louder than just background noise and opined that there needed to be limits on how long the music could be played, stating that it should be considered a music festival if it went over six hours. He mentioned that Mr. Jowett had not adhered to the 30 day notice for his events, and he reported that he had had to call Mr. Sheahan because there had been loud music playing the day before the Run For Your Lives event. He also commented that parking on the ancillary lot as well as primitive camping had been allowed at a previous event even though those things were not in the CUP. He reiterated the previous comments regarding the necessity of a survey for the 20-acres being used for parking. He then asked how much the Revolution Off-Road would devalue his property because no one would want to live across from a parking lot and a site of large events if he were to decide to sell. He asked the Board to vote against the CUP amendment.
Ms. Rhonda Beach, a resident of Clermont, addressed the Board in opposition to the proposed CUP amendments. She stated that Mr. Ward was her son and she was primarily concerned about his wellbeing. She reiterated the concerns regarding Hobo Lane and mentioned that one of her neighbors had almost been hit by a vehicle on Hobo Lane looking for Revolution Off-Road. She stated that she had called Mr. Sheahan regarding the GPS issue, which had not yet been taken care of. She remarked that underage drinking was a problem and opined that the Board should never have allowed any development in the Green Swamp. She stated that she wanted the CUP on Mr. Jowett’s property to be pulled and that she did not want any events to be allowed. She opined that she had been given the run-around when she had called Code Enforcement regarding the condition of her road because she was constantly being told that she needed to talk to someone else. She also remarked that the road was in terrible condition despite Mr. Jowett’s claims that he maintained the road daily.
Ms. Ida Purvis, a resident of Clermont, addressed the Board in opposition to the proposed CUP amendments. She mentioned that she lived about half a mile from Mr. Jowett’s property and that she was concerned about the level of noise the events generated as well as how close the aquifer was to Mr. Jowett’s property. She remarked that much of the wildlife had disappeared from the area through the years, and she opined that the core of the Green Swamp was not the place for a business such as Revolution Off-Road. She suggested that US 27 would be more appropriate because the necessary infrastructure was already in place, and that she knew of at least seven people who had been killed in the last 12 months on SR 33. She expressed her concern for her property values if the large events were allowed to continue. She stated that a comprehensive land use plan had been put into place years ago which did not include having something like Mr. Jowett’s business in the Green Swamp. She mentioned that she had owned a business for 12 years and had never asked for any sort of expansion, and she commented that she hoped to eventually have another business in Lake County. She remarked that the water levels were declining, and she expressed concern that the events on Mr. Jowett’s property would cause groundwater contamination from the traffic, the actual events, the restrooms on the property, and the septic system on the property. She opined that the people who attended these events were not concerned about the environment and that the events themselves were not ecofriendly. She stated that the Green Swamp was a primitive area and needed to be kept that way, and she hoped that the Board voted against the CUP amendment.
Mr. Troy Lewis, a resident of Clermont, addressed the Board in opposition to the proposed CUP amendments. He stated that he was speaking in support of Mr. Ward, and he mentioned that Mr. Ward had been living at his current address before Revolution Off-Road began holding events. He opined that Mr. Ward was not the type to feel sorry for himself or ask for favors or handouts, so there had to be a good reason for him to come forward saying that he was disturbed and under emotional distress. He mentioned that the Board had told Mr. Jowett not to return asking for changes to his CUP after his last time appearing before the Board regarding his CUP, yet he doing so. He asked the Board to vote against the CUP amendment.
Mr. Bill Lupfer, President of the Florida Attractions Association, addressed the Board in support of the proposed CUP amendments. He explained that the Florida Attractions Association was a trade association headquartered in Tallahassee that had represented the attraction industry since 1949. He remarked that tourism was an important part of Florida’s economy as well as the economy of Lake County, and that tourism in Lake County focused on nature-based attractions. He commented that the Florida Attractions Association believed that Revolution Off-Road was consistent with sharing Florida’s unique ecosystem with the millions of visitors who came to Florida every year, and he mentioned that Revolution Off-Road had partnered with attractions in Orange County, which in turn helped to promote Lake County. He stated that Mr. Jowett’s presence at the International Pow-Wow had helped promote Lake County because Mr. Jowett had put out pamphlets for the Wings and Wildflowers event and had pushed Lake County tourism. He reported that Trip Advisor showed a five-out-of-five rating for Revolution Off-Road, which was the highest rating on that site and an achievement few attractions could boast. He stated that there were only 110 attractions in all of Florida that met the high standards of quality and operations required by the Florida Attractions Association, and that Revolution Off-Road abided by the code of practices held by the association for the last 65 years. He opined that Revolution Off-Road was consisted with the brand of Lake County and asked the Board to support the CUP amendment.
Mrs. Moore readdressed the Board, reiterating that the traffic on SR 33 had been backed up since 8:00 a.m. during the last large event and had lasted for well over 30 minutes. She stressed that the Green Swamp was not the appropriate location for Mr. Jowett’s business, the local roads could not support the increase in traffic, and that Mr. Ward did not want a parking lot outside the front of his house. She mentioned that Ms. de la Madriz had been harassed when she had tried to reach Mr. Ward’s home during the last large event, that she had not been escorted in, and that she should not have to deal with that type of treatment. She noted that the parking and camping which had occurred at the last event were not allowed in the CUP, and she asked how Mr. Jowett was able to have the 20-acres used for parking classified as Agriculture because it could not be zoned as commercial in the Green Swamp. She stated that the cattle had almost run through the fence when the attendees of the last event were walking down the road. She then commented that the way a music event was defined in the proposed amendments to the CUP meant that Mr. Jowett could hold multiple music festivals instead of just the one he was allowed to have because an event would have to meet all three criteria outlined in the definition to be considered a music festival.
Mr. Richard Langley, a resident of Clermont, addressed the Board in opposition to the proposed CUP amendments. He opined that this was an example of the government enhancing one person’s position at the expense of another because the Board was allowing Mr. Jowett to hold special events at the expense of Mr. Ward’s livelihood and lifestyle. He stated that Revolution Off-Road had been originally presented to the Board as an environmentally friendly recreation of minimal impact with no racing or spectator events, and yet racing and spectator events were now allowed and Mr. Jowett was asking for more. He commented that Mr. Ward had been raising deer for stocking reserves, but because of the level of noise and the people at the events, one of the deer broke its neck hitting the fence and the others became uncontrollable, forcing Mr. Ward to have to sell them. He remarked that the Green Swamp was not the place for Mr. Jowett’s business; it was a place for solitude, space and quiet, and all of these things had been taken from Mr. Ward’s property. He stressed that the definition of a music festival as outlined in the proposed CUP amendments were accumulative, making it easier for Mr. Jowett to have large events without needing to classify them as music festivals, of which he was only allowed one per year. He explained that if even one of the criteria was not met, then the event would not be classified as a music festival, even if it was just as large and disruptive. He asked the Board to reconsider the definition of music festival in the CUP. He commented that the economic impact of the special events would not benefit Lake County, because most people attending the events entered north on SR 33 and then left going south on SR 33, never seeing more than two miles of Lake County in the process. He mentioned that the owner of the store shown in Mr. and Mrs. Moore’s video had only seen an increase in the people asking to use the restroom and had recently announced that she would be closing her store. He opined that there was no reason the CUP for Revolution Off-Road should have ever been granted, and he asked the Board to not make the situation worse by approving the CUP amendments. He mentioned that Mr. Ward had received a threatening letter from Mr. Jowett’s attorney regarding his appearance at today’s meeting and that a petition for people opposing the CUP amendment had been torn down. He mentioned that the County could be held liable if their action caused a decrease in the value of a piece of property.
RECESS AND REASSEMBLY
The Chairman announced at 11:04 a.m. that there would be a ten-minute recess.
CUP# 12/7/1-1A –JAK HOLDINGS, LLC/REVOLUTION OFF-ROAD, continued
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Sullivan asked what the CUP outlined as the criteria for a music festival.
Commr. Campione mentioned that the Board would be having a public hearing on an ordinance regarding the definition of a music festival later in the meeting.
Mr. Sheahan stated that the definition of a music festival had been in the County Code before, but had been taken out when the special events ordinance was redone. He explained that the definition had been included in the CUP amendment because it would allow it to be modified for this particular CUP, and he mentioned that it currently mirrored the language being carried over in the Land Development Regulations (LDR). He specified that the current CUP limited Mr. Jowett to only one music festival to be held between the hours of 7:00 p.m. and midnight on Friday or Saturday for one day only. He explained that the concerns of the neighbors were that music entertainment was provided during the running events, and it was their opinion that these should then be classified as music events. He clarified that the original purpose of the music festival classification was for an event that was specifically for music entertainment such as a concert or a band, not ancillary music to a running event. He stated that the definition had been included in the CUP to provide absolute clarity to what constituted a music festival and that the Board could limit or add additional conditions beyond what would otherwise be provided for in the County ordinance on music festivals.
Commr. Campione asked what normally happened during a regular event where music was being played.
Mr. Sheahan replied that the event would have to end by 7:00 p.m, and the ordinance allowed for music to start as early as 7:00 a.m. He stated that only one regular music festival was allowed on Mr. Jowett’s property under the current CUP and that Mr. Jowett had not asked to increase that number.
Commr. Campione stated that she was going to let Mr. Langley talk regarding the music festival issue.
Mr. Langley stated that the definition in the proposed CUP amendment enlarged instead of constricted the use of the property, because an event would have to meet all the given criteria to be classified as a music event. He specified that the problem could be remedied by changing the wording from “and” to “or” between the different criteria.
Commr. Sullivan asked if the music festival was currently the only event that would allow the hours of operation to be extended until 9:00 p.m.
Mr. Langley replied that that was correct and then noted that the event would not be defined as a music festival if it only ran for five hours instead of the specified six.
Mr. Sheahan stated that Mr. Jowett had filed a Notice of Appearance and that he would like to address the Board again to give his rebuttal.
Mr. Jowett remarked that he was allowed four major events and one music festival, and that one did not cross over into the other. He commented that the terrible traffic had been during the first large event, which was what was shown on the video earlier, and that that traffic had not been backed up like that for the Run for Your Lives event. He stated that there had never been a problem with selling alcohol to minors, but he did mention that a young lady had been served alcohol at the last event, and he opined that that was a contrived experience that the person had purposely orchestrated. He disclosed that it was now in the vendor contracts that there needs to be proper control to prevent underage drinking and the sale of alcohol to minors at events. He stated that he had purchased his property before the Wards had purchased theirs and that they had known what type of a business was going to be built when they moved in. He commented that the Green Swamp area was already being used for business through sand mines and logging companies, and his business created less of an environmental impact than those other businesses. He mentioned that Revolution Off-Road had permits from the St. Johns River Water Management District, and they had been monitored for the last five years. He noted that provisions had been made to escort Mr. Ward’s nurse to the Ward property. He commented that staff from the County had checked the noise level during events and found that it was not that loud. He stated that there was no waste or pollution from the restrooms on his property, which all complied with current portable restroom regulations. He also mentioned that he had never written a threatening letter to Mr. Ward and that none of his events had had 10,000 people in attendance.
Commr. Campione asked if the County Attorney had any input on the language of the proposed ordinance.
Mr. Sandy Minkoff, County Attorney, replied that the proposed ordinance provided for a limited number of larger events to be held on the property, specifically eight larger events with one of them being a music festival. He commented that it was possible for Mr. Jowett to circumvent the criteria outlined for a music festival but that those events with a large music component that were not considered music festivals would still be required to end by 9:00 p.m. because only a music festival was allowed to last until midnight.
Commr. Parks stressed that the issue of selling alcohol to minors was a significant issue, and he wanted to know how that was being addressed by Mr. Jowett. He added that the issue with Hobo Lane was also something that needed to be addressed, and he asked if there had been any coordination with the GPS providers to correct the problem.
Mr. Sheahan replied that he had been made aware of the issue with Hobo Lane during the last event, and he had asked that a sign be posted stating that Hobo Lane was not an access point to Revolution Off-Road. He stressed that he could not make the GPS providers change their data and that staff would continue to do what they could to deter traffic for Revolution Off-Road from going down Hobo Lane. He then noted that there was nothing in the proposed ordinance that dealt with alcohol, because the regulation of alcohol was handled by the state and was a law enforcement issue.
Commr. Parks stated that he knew the alcohol regulation was a legal issue and that ultimately law enforcement would have to be the ones to deal with it, but that he was looking for something more on Mr. Jowett’s part to help in the prevention of the sale of alcohol to minors.
Commr. Cadwell opined that Mr. Jowett would do everything he could to prevent the sale of alcohol to minors because of the liability it would cause for him and his business.
Commr. Campione commented that the vendors would at least have to check ID in order to have visitors sign a waiver, and at that point could be given an arm band or other identification marking them as a minor.
Commr. Sullivan remarked that the CUP amendment request was an issue of the changing nature of Lake County, especially with the huge tourist industry right next door, and that not everyone wants to see this change in the County. He opined that these changes do have a positive impact on the County in terms of economic development, and he agreed with the Planning and Zoning Board’s recommendation of a compromise. He moved for the Board to approve rezoning case CUP# 12/7/1-1A for Revolution Off-Road Experience, amending the CUP but requiring that the hours of operation remain from 7:00 a.m. to 7:00 p.m.
Commr. Cadwell seconded the motion.
Commr. Campione expressed her concern regarding the problems Mr. Ward’s nurse had getting to the Ward property, and she opined that there should be some advance communication or notice of an upcoming event to allow Mr. Ward’s nurse the chance to plan accordingly. She also suggested that the Revolution Off-Road website and any materials going out regarding an event could state that there was no access to Revolution Off-Road through Hobo Lane. She stated that she did not support adding more events, opining that it was a matter of finding a balance between the wants of the business and the needs of the neighboring residents.
Commr. Parks suggested that this case could be tabled in order to allow both sides to work through the issues and to allow time to work through the alcohol issue and Hobo Lane issue. He stated that he did not support the motion.
Commr. Conner stated that he did not support tabling the case, because the two sides would not be able to come to an agreement, and the Board needed to make a decision one way or the other. He remarked that he had opposed the original CUP request because he thought that the business was in the wrong location because it lacked the necessary infrastructure for such a venue. He stated that he was still against the CUP because of the negative impact to the neighboring property owners including the noise level. He commented that it was stated in the minutes from the first CUP hearing that Commr. Parks had been concerned about alcohol consumption on the property, and it had been represented in the minutes that the alcohol issue would be resolved. He opined that it did not matter if the recorded instance of a minor purchasing alcohol on the property was contrived, and he stated that he had originally asked the Board if there was support to not have any alcohol at the events. He opined that allowing alcohol consumption during the events was creating an environment for bad things to potentially happen, and he commended Commr. Parks for his stance on the alcohol issue. He stated that he did not support any expansion and he asked for a no-vote.
Commr. Parks clarified that he was asking for the case to be tabled to allow time to work through the alcohol issue.
Commr. Cadwell stated that if there was a no-vote then the applicant would continue to have what had been previously approved in the initial CUP and would continue to operate under the rules and regulations currently in place. He asked if there were any aspects of the proposed amendments to the CUP that were supported by the Board.
Commr. Parks and Commr. Campione both mentioned that primitive camping was good.
Commr. Sullivan remarked that he did not think expanding the number of allowed events by two was bad because Mr. Jowett had purchased additional property to take care of the traffic and parking issues, and his business had a positive economic impact on the County. He opined that this was a good compromise between the wants and needs of the two sides.
The Chairman called for a vote on the active motion to approve the CUP amendments with the exception of the request to extend operating hours.
Commr. Sullivan voted, “Aye.”
Commr. Campione, Parks, Conner and Cadwell voted, “No.”
The motion failed due to lack of majority support.
Commr. Campione commented that even though she understood that Mr. Ward did not want the parking across from his property, the additional space did help to alleviate the impacts of traffic from the events. She opined that the boundaries of the property needed to be established to ensure that the attendees were only parking on Mr. Jowett’s property. She added that Revolution Off-Road needed to put somewhere in their material that attendees could not use Hobo Lane and that advanced notice needed to be provided to Mr. Ward’s nurse to allow her to plan ahead for days when events were being held. She stated that she would like Mr. Jowett to report later on what was being done to address the underage drinking on the property.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried by a vote of 4-1, the Board approved Ordinance No. 2013-48 for CUP# 12/7/1-1A, Kevin Jowett/JAK Holdings, LLC for the Revolution Off-Road Driving Experience CUP amendment, including the request for passive recreational activities and primitive camping with the specification that primitive camping during special events be limited to 50 tents/sites, the requirement that a Special Event Permit be obtained no less than 30 days prior to the event, and the provision for overflow parking. The Board denied the request to extend operating hours and to increase the number of special events from six to eight.
Commr. Conner voted, “No.”
Public hearings
Ordinance amending transfer of development rights
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED “DEFINITIONS,” TO CREATE DEFINITIONS FOR THE TRANSFER OF DEVELOPMENT RIGHTS; RESCINDING AND REPLACING SECTION 7.00.08, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED “TRANSFER OF DEVELOPMENT RIGHTS,” IN ITS ENTIRETY, TO ESTABLISH THE MECHANISM AND CRITERIA FOR THE TRANSFER OF DEVELOPMENT RIGHTS WITHIN THE WEKIVA RIVER PROTECTION AREA WITHIN THE UNINCORPORATED AREA OF LAKE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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. 2013-49 amending the Transfer of Development Rights (TDR) within the Wekiva River Protection Area of unincorporated Lake County.
Ordinance regarding special events
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 ARTICLE V, CHAPTER 13, LAKE COUNTY CODE, ENTITLED SPECIAL EVENTS; AMENDING SECTION 13-147; PROVIDING FOR CRITERIA TO REQUIRE ALL PROPERTY OWNERS TO SIGN THE SPECIAL EVENT APPLICATION; AMENDING SECTION 13-148; CLARIFYING THAT A PERMIT MAY BE DENIED FOR FAILURE TO TIMELY FILE AN APPLICATION, IF A WAIVER IS NOT GRANTED; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
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. Sullivan, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-50 amending Article V, Chapter 13, Lake County Code, entitled, “Special Events.”
Ordinance regarding signs
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 THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XI, ENTITLED “SIGNS,” TO AMEND SECTION 11.01.03, ENTITLED “PROHIBITED SIGNS” TO ALLOW OFF-PREMISE SIGNAGE AS AUTHORIZED; AMENDING CHAPTER XI, ENTITLED “SIGNS,” TO CREATE A SUBSECTION TO BE ENTITLED “SIGNS SHALL BE AN ACCESSORY USE,” TO REQUIRE ALL SIGNS, EXCLUDING TEMPORARY SIGNS, TO BE AN ACCESSORY TO A PERMITTED USE OR STRUCTURE; AMENDING CHAPTER XI, ENTITLED “SIGNS,” TO CREATE A SUBSECTION ENTITLED “OFF-PREMISE SIGNAGE,” TO PROVIDE FOR OFF-PREMISE SIGNAGE ON PERMITTED GROUND SIGNS; 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 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. Sullivan, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-51 amending Land Development Regulations, Chapter XI, entitled, “Signs.”
Ordinance creating definition for music festival
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 THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER II, ENTITLED “DEFINITIONS” TO CREATE A DEFINITION FOR THE TERM “MUSIC FESTIVAL;” PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Campione asked if this was a revision of an existing definition.
Ms. Amye King, Growth Management Director, replied that the definition had been accidentally omitted from the revised special events ordinance, and this ordinance was to adopt the definition back in as originally written.
Commr. Campione expressed concern regarding the provisions that a music festival was an event with over 500 people and that it last over six hours, because those criteria could be avoided by having fewer people attend or lasting just under six hours. She clarified that this ordinance would not pertain to the CUP case that had just been reviewed, because that case had its own requirements.
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.
Commr. Campione reiterated her concerns regarding the criteria for an event to be defined as a music festival.
Mr. Minkoff explained that there were different regulatory uses inside the Code that the definition would apply to and that this ordinance was only a definitional change that was needed for the section of the Code that outlined rules and regulations for music festivals.
Ms. King added that music festivals had specific permitted zoning allowances in certain districts, were governed by specific rules and regulations, and applications were reviewed on a case-by-case basis. She clarified that a music festival was still considered a special event and would still have the zoning requirements associated with that, but because a it was technically different than an average special event, staff wanted to make sure it was defined in the Code.
Commr. Parks clarified that even if an event was not a music festival, it would still be a special event and still subject to any ordinances regarding noise.
Ms. King agreed that all other regulations associated with special events still applied.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-52 amending Chapter II, Land Development Regulations, entitled, “Definitions,” to create a definition for “music festival.”
Ordinance regarding development design and improvement standards and replacement requirements
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 THE FOLLOWING SECTIONS OF THE LAKE COUNTY, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER IX, ENTITLED “DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS,” SECTION 9.02.06, ENTITLED “REPLACEMENT REQUIREMENTS,” BY ALLOWING THE AREA WITHIN THE FOOTPRINT OF A NEW DWELLING UNIT, DUPLEX, RESIDENTIAL ADDITION, SEPTIC TANK/DRAINFIELD, DRIVEWAY AREA AND TEN (10) FEET AROUND THE PERIMETERS TO BE EXEMPT FROM THE TREE REPLACEMENT REQUIREMENTS UNDER CERTAIN CONDITIONS; 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 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. Cadwell, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2013-53 amending Chapter IX, Land Development Regulations, entitled, “Development Design and Improvement Standards,” Section 9.02.06, entitled, “Replacement Requirements.”
Ordinance extending suspension of school 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 CHAPTER 22 OF THE LAKE COUNTY CODE ENTITLED IMPACT FEES; EXTENDING THE SUSPENSION OF COLLECTION OF EDUCATIONAL IMPACT FEES UNTIL DECEMBER 31, 2014; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Heath stated that during the break he had distributed a letter dated for today from Ms. Kyleen Fischer, School Board Chairman, to each of the commissioners that summarized what happened at the School Board Meeting that was held Monday, September 23, 2013.
Commr. Campione commented that the ordinance that was advertised would suspend School Impact Fees for another year, and if the Board did not want to go in that direction, then they would have to reject this ordinance and readvertise.
The Chairman opened the public hearing.
Ms. Carolyn Maimone, Executive Director of the Lake Sumter Home Builders Association, asked that the Board approve extending the suspension for another year, because the building industry could not handle any more impact fees beyond what the Board was already proposing for transportation.
Mr. Vance Jochim, a resident of Tavares and writer of a blog called fiscalrangers.com, stated that he had attended yesterday’s School Board Meeting as well as the Joint Meeting held between the BCC and the School Board. He remarked that the schools were out of money, and impact fees were the best option to pay for the necessary infrastructure growth required. He opined that not taking action would create a larger backlog of schools, which was why the schools had to bond out several hundred million dollars a few years ago and could end up in the same situation again. He commented that the Board had to help the School Board address this issue and opined that the impact fee should be reinstated.
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 mentioned that she had attended the School Board meeting last night and reported that the School Board had voted 5-0 in favor of reinstating School Impact Fees at 25 percent of the updated fee, with the fee being bumped to 50 percent if the unemployment rate dropped to seven percent. She added that the School Board wanted to create a committee that would look at a variety of funding concepts such as imposing an assessment on real estate transactions for improved residential property. She mentioned that the School Board also wanted the committee to consider creating dual districts in order to go to a higher fee for part of the County, but they would only put $10,000 towards a study for duel districts.
Commr. Cadwell asked if the School Board wanted the BCC to participate in the study.
Commr. Campione replied that the committee would look at all of the options, and then the School Board would conduct a study not to exceed $10,000 based off of the committee’s recommendation. She mentioned that the School Board had implied that the BCC would appoint some of the committee members and have a liaison from the BCC involved as well.
Commr. Cadwell asked why the School Board wanted the BCC to participate with the committee.
Commr. Campione opined that this issue was something that everyone needed to take leadership on, because it was for the children and education system of Lake County, and the BCC could help with the push to make legislative changes to improve the educational system.
Commr. Conner agreed that it was everyone’s problem, but opined that it was the responsibility of the School Board to find a solution and not look to the BCC to solve the problem. He stated that the School Board did not need BCC approval to create the committee.
Commr. Cadwell stated that the BCC was already working through a large number of issues, and while he was glad to sit down and talk with the School Board, it was the responsibility of the School Board to find a solution to their funding problem.
Commr. Campione opined that the committee was a great idea, and she explained that the School Board could not institute a special assessment without the support of the BCC.
Commr. Cadwell expressed concern that the Board was neglecting their primary issues by focusing on the issues of the School Board, even though the School Board issues were important. He then asked why the School Board wanted to wait until the unemployment rate was at seven percent to increase the fee.
Commr. Campione explained that the School Board had wanted an automatic trigger for increasing the fee, because there would be a greater demand for new student stations as a result of unemployment going down. She reported that there was a genuine desire by the School Board to come up with an immediate solution of reinstating the impact fee at 25 percent. She stated that she did not support increasing the fee when the unemployment rate dropped.
Commr. Parks clarified that the trigger of the seven percent unemployment rate was not meant to be built into the process but rather act as a guideline for when the fee could be reassessed. He opined that it would be problematic to specify in an ordinance that the fee would increase at a seven percent unemployment rate, and the School Board should ask the BCC to look at increasing the fee if the unemployment rate dropped to seven percent.
Commr. Sullivan opined that impact fees were the only way to meet the needs of the School Board, and there should be no differentiation between their needs and the needs of the BCC. He remarked that the BCC had huge needs regarding transportation and had agreed to implement Transportation Impact Fees at a percentage of the recommended fee to bring in the needed funding. He commented that setting the fee to increase if the unemployment rate dropped was an administrative nightmare, because the unemployment rate was tracked monthly and frequently fluctuated. He stated that he supported implementing School Impact Fees at 25 percent, similar to what the BCC was doing with Transportation Impact Fees and that the fee should not be suspended for another year. He noted that they needed to have another meeting to implement the fee at 25 percent and opined that the longer they waited to institute the fee, the worse the financial situation was going to be.
Commr. Cadwell pointed out that if the Board voted down the proposed ordinance, advertised a new ordinance reinstating the School Impact Fee at 25 percent of the recommended fee, and then vote that ordinance down, the School Impact Fee would then become reinstated at the full amount.
Commr. Conner opined that it was not appropriate that the School Board waited until the last minute to provide the BCC with their recommendation, and he was concerned that the BCC was reacting to the inaction of the School Board. He stated that he was not in favor of waiving the fee for another year, that perhaps they should only waive the fee for six months or reinstate it at a rate of 25 percent, and the BCC should have a public hearing to discuss either option. He suggested advertising a public hearing for ordinances covering both options.
Commr. Campione agreed with Commr. Conner’s suggestion..
Commr. Cadwell asked if the ordinance reinstating the impact fee would be set at a flat 25 percent and not include the previously suggested unemployment rate trigger.
Commr. Campione replied that that was correct.
Commr. Parks asked who would administer the proposed committee and whether the School Board would make the appointments. He mentioned that Dr. Tod Howard, School Board Member, had suggested that the committee should have someone to represent the Sector Plan.
Commr. Campione agreed with that suggestion and mentioned that Dr. Howard had suggested using the special assessments in an area such as the Sector Plan where there were big developers coming in.
Mr. Heath suggested that that the Board should have a motion to cancel today’s public hearing and then have a second public hearing for approval to advertise. He commented that it appeared the direction of the Board was to advertise for the six-month suspension or reinstatement at 25 percent, and there would be no mention of a committee or the unemployment rate. He stated that the Transportation Impact Fee was scheduled to resume January 1, 2014 at $2,600 in South Lake and $500 in the rest of the County. He remarked that if the School Impact Fee public hearing was advertised for October 8, they would be creating a situation where one set of impact fees began January 1, 2014 and the other started a week later, which would create havoc in the coordinating process. He suggested that if the Board was comfortable moving forward with the 25 percent, then he recommended that all impact fees be set to begin on Monday, January 13, 2014 to avoid confusion when the ordinance was drafted.
Commr. Conner remarked that the impact fee start date had always been January 1 or April 1, and that the fact that the fees would be reinstated later showed the impact of the late decision of the School Board. He stated that it was a matter of being fair to the public, and he asked if it would be better administratively to waive the School Impact Fees for three more months so they would be reinstated on April 1 instead of January 13.
Mr. Heath replied that it would be better to have all the fees start at the same time in January and that delaying the impact fee would create an additional loss of revenue.
Commr. Conner asked if they could have all of the impact fees start on February 1.
Mr. Heath replied that his recommendation had been to have all the impact fees start the Monday after all the notices went into effect.
Mr. Minkoff stated that they were being very cautious because statute required a 90-day notice of an increase in impact fee, and having all of the impact fees begin on January 13th would ensure they met that requirement and not impact revenue.
Mr. Heath commented that if the start date was pushed to the start of February, then the fees would be effective February 3.
Commr. Conner expressed concern over the amount of revenue they would lose by pushing the fees to February 1.
Mr. Minkoff mentioned that contractors were getting additional time on the suspension for the Transportation Impact Fees by pushing the start date to January 13. He opined that the revenue would not change because it was only a 10 day difference in start date, but there could be a greater chance for loss of revenue by pushing the start date out later than that, which was why he and Mr. Heath recommended January 13th as the start date.
Commr. Campione stated that she was not in favor of increasing the impact fee beyond 25 percent of the recommended fee, opining that an increase could be detrimental to the growth and development in the County.
Commr. Conner asked if the Board could waive the impact fee should it be determined that its reinstatement was having a negative impact on the building industry.
Ms. Melanie Marsh, Deputy County Attorney, replied they Board would have to go through the ordinance process again to alter or remove the fee.
Commr. Parks asked if the Board wanted to ask the School Board for more specific information regarding the proposed committee.
Commr. Campione commented that they needed to find out if the School Board was asking them to be a part of something, and if so, to provide some specifications, because there was no consensus by the Board to take the lead on such a committee.
On a motion by Commr. Sullivan, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved cancelling the public hearing for the proposed ordinance to suspend School Impact Fees until December 31, 2014.
On a motion by Commr. Sullivan, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the advertisement of a public hearing on October 8, 2013 for two ordinances, one to reinstate the School Impact Fee at 25 percent of the current rate beginning January 13, 2013 and the other to suspend the School Impact Fee for six months.
Vacation petition No. 1199 – plat of Groveland farms
Mr. Jim Stivender, Public Works Director, presented Vacation Petition No. 1199, a request by Ms. Joanne LaPoma, the applicant, to vacate a right of way in the Plat of Groveland Farms located in the Mascotte area, Section 34, Township 22S, Range 24E. He stated that additional right of way had been secured along the existing County roads and he recommended approval to vacate.
The Chairman opened the public hearing.
Mr. John Horvath, the applicant’s brother, addressed the Board stating that he and Ms. LaPoma concurred with staff regarding the right of way.
There being no one else 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 Resolution 2013-115 to vacate right of way in the Plat of Groveland Farms located in the Mascotte area.
Vacation petition No. 1194 - Washington Drive in Lakeview Park
Mr. Stivender presented Vacation Petition No. 1194, a request by Mr. Thomas Mason and Mr. William Jenkins to vacate a portion of unimproved right of way on Washington Drive in the Lake Kathryn area. He explained that staff was always concerned with access to lakes and how sensitive those areas were, but the applicant was adamant about vacating the property. He stated that an easement for stormwater and right of way along the front of the property had been secured should the Board approve the vacation request. He reported that there were three letters in favor and four letters of opposition to the request as well as a petition of 44 signatures which included several residents of the existing subdivision. He noted that several of the roads in the subdivision had been brought into the County’s system in the last two years because of special assessments and block grants. He commented that it was a pristine lake that outfalls to the north through another easement and a live stream under wet conditions. He pointed out that there were other legal access points to the lake besides the property in question.
Commr. Campione asked if someone could get a boat in the water at the alternative sites.
Mr. Stivender replied that a person could probably get a johnboat into the water at the two access points.
Mr. Ted Wicks, representing the applicants, stated that he had been working with the two petitioners and County staff for quite a number of months on this issue. He explained that the request was to vacate the property down to the lake, and the objection was that vacating this property would eliminate another access point to Lake Kathryn.
Mr. Thomas Mason, one of the petitioners, stated that his uncle had purchased five lots on Lake Kathryn in 1955 that passed to his grandmother and then to his mother before he built a house on three of those lots, which the Jenkins currently lived in. He stated that he had then purchased a small piece of property on Jean Avenue. He commented that he was a member of the Florida Wildlife Federation and that he contributed towards the preservation of the Florida Wetlands as well as the health of Florida’s fish and wildlife populations. He explained that currently there was public access to Lake Kathryn to launch a boat, and he had no desire to develop the Washington Drive right of way to build another boat launch. He mentioned that he had offered for his neighbors to use his property to put their boats in the water, but that his neighbors had started to talk about cutting down some of his trees so they would not have to go around them to launch their boats. He clarified that his offer for his neighbors to use his land had been for small boats such as canoes, kayaks and johnboats, not for speedboats. He stated that he was not benefitting from his request to vacate the property, because he was giving the County property for right of way. He stressed that he wanted to protect the wetlands and his neighbors’ houses, because some have been vandalized and burglarized.
Mr. Wicks reported that based on the County’s GIS system, Lake Kathryn was about 35 acres in size, but there was only about 20 acres of open water once the emergent vegetation fringe around the lake was taken into consideration. He remarked that the vacation petition by the Mason and Jenkins families was based on their willingness to protect the vacated portion of Washington Drive as well as the wetlands and upland property associated with it. He displayed pictures of the property in question and explained that it would be problematic to attempt to establish a boat launch or other type of access and that such action would have environmental impacts due to the approximately 100 to 150 feet of emergent vegetation removal that would be necessary. He commented that if the property remained in the public domain, then any alterations to establish a boat launch or access point would fall to the County as the owner/controller of that right of way and that the County would have the burden of responsibility and liability. He remarked that access points to the lake could also be problematic because of nuisance situations that develop and impact the neighbors. He mentioned that Lake Kathryn was a state-owned lake with all of the submerged bottomland entitled to the State of Florida. He opined that the size of the lake did not accommodate large boats and that smaller boats such as kayaks, canoes and johnboats would have an easier time accessing the lake. He mentioned that the other access points provided places for residents to put their boats into the water. He opined that the Board would not be depriving the residents of anything they did not already have and that this property was not the right place for lake access.
The Chairman opened the public hearing.
Mr. Dennis L Bryant, a resident of Paisley and neighboring property owner, addressed the Board in opposition to the Vacation Petition. He stated that his family had lived on Washington Drive for 35 years and that the property in question had been kept cleared by some of the residents and used as lake access. He remarked that the petition that had been submitted was from residents who were agreeing to take care of the property, to clear it and keep it mowed so it could be used as lake access on Washington Drive. He stated that Mr. Mason did not want the property cleared. He commented that the other access points were not appropriate for putting boats in the water, specifying that one of them had a hill that was too steep to pull the boat back out of the water. He commented that there had been more access points to the lake but that property owners were blocking them, and that this was an access point that had always been there and that he and others were volunteering to maintain.
Ms. Mary Kay Wareing, a resident of Paisley and neighboring property owner, addressed the Board in opposition to the Vacation Petition. She stated that she had owned property and lived on Lake Kathryn for 18 years, and her property was just one door from where the access point was. She remarked that she supported the people in the community who wanted to use the property in question as an access point, and that she was sure they would only use light-weight boats. She mentioned that the property in question had originally been designated as lake access for their side of the lake, and she did not want to see it taken away if there were people who wanted to use it because it helped them become more of a community by having that access point.
Ms. Edna C. Kidd, a resident of Paisley and neighboring property owner, addressed the Board in opposition to the Vacation Petition. She stated that she had lived on the lake for 19 years, and she did not want to see that access point cut off. She commented that it was soothing for her to sit on her porch and look at the lake. She mentioned that the other access point had a steep pitch that was difficult even for children to navigate, and she wanted to see the Mason property stay open as an access point. She stated that Mr. Bryant had devised an instrument to help remove the lily pads from the water, which would help with access. She remarked that it would be a great thing for their community to have that access point back.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Parks asked if there would still be a stormwater easement on the property and if the public could access the lake through that easement if the Board approved the vacation.
Mr. Stivender replied that there would still be a stormwater easement if the property was vacated, but that it could only be used for stormwater and would not be open to the public.
Commr. Cadwell stated that he had always been clear that there needed to be a really good reason to vacate such a property. He remarked that historically the property had been an access point for the lake, and he was not in favor of vacating the property. He commented that they should be careful not to pull up all the lily pads because they were good for fish, and he suggested that posts and cables could be installed to prohibit vehicular traffic.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board denied Vacation Petition No. 1194 to vacate a portion of unimproved right of way known as Washington Drive in the Plat of Lakeview Park.
Interlocal agreements for expansion of municipal libraries’ buildings or services
Ms. Wendy Breeden, Public Resources Director, gave a presentation for the public hearing regarding two library impact fee project agreements. She stated that there was a prescribed policy and application process that staff strictly followed which required that library impact fee awards be made at a public hearing. She reported that in February staff had received applications from Fruitland Park’s Library asking to expand its library by 1,100 square feet and fund a mobile laptop computer lab and from W. T. Bland Library asking to add some technology to its computer lab. She stated that the total project awards came to $256,140, and she noted that there was over $600,000 available when the applications came in. She requested the Board approve the applications and execution of Interlocal Agreements with the City of Fruitland Park and the City of Mount Dora to award library impact fees.
The Chairman opened the public hearing.
Mr. Vance Jochim, a resident of Tavares and writer of a blog called fiscalrangers.com, addressed the Board stating that the prescribed process mentioned by Ms. Breeden had not been provided in the document description or attached documents. He asked if the library impact fees were collected from city residents as well as County residents.
Commr. Campione replied that if they built a new house, then they were charged a Library Impact Fee.
Ms. Breeden explained that the cities were a part of the County library system.
There being no one else 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. Sullivan, and carried unanimously by a vote of 5-0, the Board approved the applications and execution of Interlocal Agreements with the City of Fruitland Park and the City of Mount Dora to award library impact fees totaling $256,140.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
community services
Affordable housing advisory committee decision on LHAP modifications
Ms. Dottie Keedy, Community Services Director, recapped that at the August 13, 2013 BCC meeting the Board had directed staff to call a special meeting of the Affordable Housing Advisory Committee (AHAC) to review a request the Chairman had received from a State Housing Initiative Partnership (SHIP) client. She reviewed that the SHIP program was for down payment assistance and the demolition and rehabilitation of housing for eligible Lake County residents, and the County solicited requests for proposals from local contractors each year to provide construction services to the participants. She explained that the contractors submitted the proposals, including the design and associated costs that met the program’s criteria, and eligible clients could then chose a contractor based on their particular design. She noted that the County oversaw the demolition and construction, paid for the storage costs of the client’s belongings during construction, and if necessary would also pay for the client’s rent for the duration of the project. She stated that this particular client was a participant in the demolition/replacement program, and had submitted a request to upgrade the kitchen cabinets at her expense during the construction of the replacement home. She reported that the request was originally denied by staff, because the Local Housing Assistance Plan (LHAP) adopted by the Board governed the program activities and did not provide a means to allow for deviations from the approved project design. She stated that the AHAC met on September 13th to hear the request and consider an amendment to the LHAP which would provide clear direction to the staff on how to handle requests such as this, and after much discussion the AHAC voted to continue the LHAP policies related to demolition and rehabilitation as currently outlined, allowing no deviations to a contractor’s plans unless there were documented health and/or safety issues. She reported that staff had created a form for SHIP clients to use to request certification from their physician that the requested modification was medically necessary, and the necessary deviations from the original design would be approved and incorporated into the project upon receipt of the executed form.
Commr. Sullivan stated that he had attended the AHAC meeting, and the main concern of the committee was that there were general guidelines they had to follow through the SHIP process. He elaborated that past audits showed that the County possibly favored people one way or the other in making changes or modifications, so it was the recommendation of the AHAC that no changes be allowed. He added that there was also the concern of health and safety issues, which would allow a SHIP client to get around those regulations. He also noted that the SHIP client could do whatever he or she wished to the property once they had the Certificate of Occupancy, and those reasons were why the AHAC made their recommendation.
Conservation and compliance
Implementation of PetData and its associated services
Mr. Jim Stivender, Interim Conservation and Compliance Director, recapped that the last discussion regarding Animal Services was in May 2013, and part of the presentation would touch on the mission of, the staffing situation in, and the audit of Animal Services since that time. He noted that the pictures included throughout the presentation were of adopted pets or farm animals that were sold at auction by the County. He stated that the mission of Animal Services was to shelter homeless and abused pets, help reunite owners with their pets, find new homes for unwanted animals, support and enforce state animal laws and County ordinances, and to promote the benefits of spay/neuter programs as well as other animal welfare issues. He noted that there were currently 26 full-time employees including five new employees and three internal promotions. He reported that 15 of the 18 items in the audit completed in February had been addressed, and the issues currently being addressed from the audit were the Animal Services response times, supplementary veterinary services, and updating the standard operating procedures. He mentioned that Animal Services currently used an on-call service, which was working out well for after-hours needs.
Ms. Cyndi Nason, Animal Services Division Director, discussed the recent improvements to Animal Services. She reported that protocols had been put in place regarding disinfecting and cleaning procedures, including having all animals vaccinated and de-wormed upon receipt. She noted that the public was asked to provide more information about the animals being brought in to help them be placed appropriately, and staff was using a new adoption application to find out more about the people adopting the animals and how they will care for the animals. She mentioned that the new building was substantially complete, and they were hoping to be able to move in soon. She stated that the building would be perfect for isolating sick animals because of the separate entrance from the rest of the building, and the additional space would be beneficial for caring for the animals held there. She reported that they had added about 12 new directional signs, had six press releases since April 30th, continuously updated the website with pictures and information on animals available for adoption, and posted information on Facebook and Petfinder about animals available for adoption. She mentioned that animals had previously been tracked through hand-written cards, but now every animal is entered into a database upon arrival. She remarked that the number of telephones and computers have been increased to improve customer service, Animal Control Officers had received upgraded laptops for the field, and new shelter management software called ShelterPro had been purchased to improve animal tracking and reporting. She stated that there were three veterinarians selected to work at the shelter who helped with spay/neuter services and helped to improve medical and surgical protocols. She noted that the Spay/Neuter Rebate Program, where the County provided incentives for owners to spay/neuter their pets, was going very well. She recapped that the 1,000 initial rebates of $50 per pet came from the Animal Services Trust Fund, and 33 rebate applications have been received so far. She recapped that the PetData contract had been approved by the Board on May 21, 2013. She explained that a pet owner would go to PetData’s website, enter their zip code, and then be able to access the Lake County License Information. She noted that the forms the Board had requested to look at, including a voicemail script and information posted on the PetData website, had been given to the Board members to review. She then outlined the next steps for Animal Services such as expanding community outreach and increasing their presence at public events, increasing the volunteer base, increasing internal training, researching further into no-kill programs, and negotiating livestock duties with the Lake County Sheriff’s Office. She requested the Board to authorize the implementation of Lake County’s PetData website and associated licensing services.
Commr. Campione asked if they would be looking into the low-kill programs as well as the no-kill programs, because it seemed more realistic to pursue the low-kill options. She then asked about a trap-neuter-release program, opining that it would help control the population issue, and people would not be reluctant to bring an animal in out of fear of the animal being put down. She noted that the trap-neuter-release program was mostly for feral cats and that the ears of the trapped cats were nipped to identify that they had been neutered. She added that the cats did not have to be released.
Ms. Nason stated that feral cats were a problem because cats were not adopted very often and did not do well in shelters. She noted that a lot of the animals euthanized at shelters were cats, and a trap-neuter-release program was one way to solve that problem. She mentioned that it was not extremely costly but that they needed to have veterinarians available to perform the surgeries and give the vaccinations as well as people available to tend to the communities of cats.
Commr. Campione suggested conducting a pilot trap-neuter-release program.
Ms. Nason replied that she thought that the County’s vets could handle it if they did it on a limited basis.
On a motion by Commr. Conner, seconded by Commr. Sullivan, and carried unanimously by a vote of 5-0, the Board approved the implementation of Lake County’s PetData website and associated licensing services.
Other business
Discussion of federal and local legislative priorities
Mr. Heath stated that the legislative priorities had to be moved earlier this year because the legislation delegation would meet on October 21st. He explained that they went to the departments and developed a list of legislative priorities for the state and federal level. He reviewed the list of legislative positions for 2014 which were projects with public policy behind them. He stated that the County was asking under Economic Development for an additional $2 million for Lake Technical Center for Advanced Manufacturing, noting that there had been an initial award of $936,000 this past session. He stated that they were requesting funds to protect the libraries, the Medicaid waiver program, and SHIP funding under Social Services. He reported that they were requesting funding for fuel spill remediation at the landfill as well as money for a watershed management plan for South Lake and for aquatic plant management under Environmental Services. He stated that they were requesting to maintain the current funding of $916,000 for the non-emergency transportation under Public Transportation, and they were requesting funds for the preliminary design for the Wekiva Trail from Mount Dora to the County line under Trails. He remarked that a big category for requesting funding this year was Roads/Intersections. He stated that the County did not get the TIGER Grant for the Minneola Interchange, and as a result they were requesting funding for work on North Hancock Road from the Turnpike to CR 561A, North Hancock Road from CR 50 to the Florida Turnpike, and Citrus Grove Road from the Florida Turnpike to US 27. He reported that they were also requesting funding for CR 48/470 from Royal Palm Drive to the Sumter County Line. He stated that they were requesting $1.25 million for the PD&E Study for Wellness Way from US 27 to SR 427. He also mentioned that there was funding available in the Safe Route to School Program and that through that program the County was requesting $2 million to go towards creating a roundabout at the intersection of Eudora, Old 441, and CR 19A. He then reviewed the Federal Legislative Positions for 2014, stating that the County was requesting funding through the CDBG and HOME Formula Grants, the Housing Choice Voucher Program, Section 8, and senior programs under the Federal Older Americans Act. He mentioned that they were requesting funding for the Lake County Intelligent Transportation System (ITS) under Transportation as well as a request for funds from FHWA Discretionary Programs for the Citrus Grove Road from the Florida Turnpike to US 27 project and the CR 47/470 from Royal Palm Drive to Sumter County Line project. He requested that the Board approve those legislative priorities and authorize Chairman Campione to present them to the legislative delegation meeting on October 21st.
Commr. Cadwell moved approval of the legislative priorities for 2014.
Commr. Conner seconded the motion.
Commr. Campione stated that Ms. Culpepper was here to discuss the Lake Tech request regarding advanced manufacturing, and she noted that the Board had agreed to recess until 4:00 p.m. to continue the meeting because there was a Lake EMS meeting scheduled for 2:30 p.m. She specified that Ms. Culpepper wanted to give an update on the progress she had made with the $900,000 that was obtained last year for advanced manufacturing and what she would be able to do with the requested $2 million.
Commr. Cadwell withdrew his motion.
Commr. Conner withdrew his second.
Ms. Culpepper stated that the $936,000 that had been awarded had been received on July 1, 2013. She reported that two buildings on the Lake Tech campus had been selected to be remodeled, with engineers confirming that the two that were chosen were structurally sound and only needed some internal remodeling. She mentioned that the school had begun to look at purchasing some new welding equipment. She then stated that a group had gone to visit a company in Longwood that had created virtual machining simulation software that allowed students to have the chance to virtually understand big machines without having to purchase the actual machines. She opined that the software would revolutionize the way they could teach machining, and because they had discovered this software early, they had been able to alter the design of the new facility to include a computer lab and would be able to purchase the software and create a program around it. She estimated that they would begin the program in January, even if the building remodels had not been completed. She then mentioned that G.W. Schultz Tool Inc. as well as another company were looking to hire new employees and that they were willing to help with curriculum development and locating a teacher to provide an educational program to train potential employees. She added that the two companies were also anxious to allow students to visit on field trips or mini-internships or apprenticeships.
RECESS AND REASSEMBLY
The Chairman announced at 2:05 p.m. that the Board would recess until 4:00 p.m.
Discussion of federal and State legislative priorities, cont.
Commr. Parks commented that the request for funding for Wellness Way should be put under the Economic Development heading more than Roads/Intersections because it was more than just a road project; it was an economic development program plan first, and taking it to the legislature as a road program was doing it a disservice.
Commr. Campione agreed with that suggestion and added that there could be an asterisk indicating that the Wellness Way Sector Plan was also a transportation issue even though it was clearly under Economic Development.
Mr. Heath explained that the broad categories were to help with organization of the legislative priorities for presentation to the Board and were not meant to specifically designate a particular heading.
Mr. Stivender suggested that the Wellness Way Sector Plan project could be raised up on the agenda so it would stand alone better and not get caught up with the rest of the transportation projects.
Commr. Cadwell agreed that Wellness Way belonged under Economic Development.
Commr. Parks suggested that the South Lake Water Initiative be added to the list of legislative priorities, because the cities were going to meet soon to discuss what engineering plan and overall water supply plan they would financially support for South Lake. He mentioned that Representative Metz had been to a few of the South Lake Water Initiative meetings, Senator Hayes was aware of the goal of the initiative, and it had been suggested at the meetings to pursue state funding.
Commr. Cadwell stated that while he supported the general purpose of the South Lake Water Initiative, he had not seen a specific plan of action, so he was hesitant as to whether the Board should include it on the legislative priorities list. He added that if it was included on the list, then it should be as general as possible until the Board learned the particulars of what the Water Initiative intended to do in South Lake.
Commr. Parks commented that timing was an issue, because the next Water Summit was not scheduled until November 11 in Clermont. He suggested having it on the list as a placeholder and as a way to bring awareness to the initiative.
Commr. Campione asked Commr. Parks if the Water Initiative would give the Board something specific as soon as possible that the Board could sign off on and present as part of the legislative priorities.
Commr. Parks postulated that the cities would agree that they had to pay a couple of hundred thousand dollars together for an engineering study and a plan that would define where the water would come from for the alternative water supply project, and then after that there would be a cost associated with construction connecting everything together. He estimated that it could be several million dollars to construct whatever was decided on.
Mr. Heath suggested including in the legislative priorities a request for $250,000 for a plan dealing with alternative water in South Lake.
Commr. Parks agreed and commented that that request would work as a placeholder between now and the next few months as they moved forward.
Commr. Campione opined that the initiative should get a lot of attention from the state because of the South Lake region and commented that this could become a model or pilot for how inland areas would deal with water supply throughout the state. She then asked if the Eudora/Old 411/CR 19A Roundabout project, which was to address a safety issue at that intersection, should be put under a separate heading.
Mr. Stivender replied that that project fell under the transportation allocation, and the support from the City of Mount Dora as well as the Lake County School Board would help raise awareness for it. He added that staff was going to use that support to help get the grant money.
Commr. Cadwell suggested having a subheading under the Roads/Intersections heading entitled, “School Safety.”
Mr. Stivender agreed with that suggestion.
Commr. Campione asked if the Board was going to go after funding for sidewalks, because she had thought that there might be some programs that could help.
Mr. Stivender mentioned that the legislative priorities covered larger grants and that staff applied frequently for smaller grants for things such as the sidewalks. He added that there would be a workshop on sidewalks in October. He mentioned that he had a meeting with the School Board Chairman on Thursday afternoon.
Commr. Cadwell mentioned that the Safe School money that had been used in the past for resource officers had a wide range of uses. He asked Mr. Stivender to ask the School Board Chairman how much funding from the Safe School program had been received and what it was being used towards.
Mr. Stivender commented that even if the sidewalks were built, they would still want the busses, because parents did not want their kids to walk to school even on a sidewalk. He opined that they needed to prioritize where the largest volume of students were walking instead of trying to cover all locations. He commented that the funds for sidewalks could also multi-task by looking at schools with parks nearby where the sidewalks could access the parks.
Commr. Conner asked if this would be the appropriate time to discuss doc stamps.
Commr. Campione cautioned that there was some discussion about legislation that would allow counties to choose either impact fees or doc stamps as a solution, and she was concerned over some counties having doc stamps while others didn’t because it could label a county as not being business friendly.
Commr. Conner remarked that they needed to decide as a Board if they supported doc stamps.
Commr. Campione stated that she supported doc stamps if they were used statewide.
Commr. Sullivan opined that he would rather see the State reinstate the 2 mills capital outlay instead of the current rate of 1.5 mills.
Commr. Cadwell opined that the doc stamp issue might be a non-starter in Tallahassee, but mentioned that there were other non-starter issues that the Board kept on their list of legislative priorities every year until they were finally addressed.
Commr. Campione suggested making the issue capital funding for schools and then listing doc stamps among a few other alternatives such as reinstating the higher millage rate.
Commr. Parks stated that he supported looking at doc stamps, but noted that the legislators viewed doc stamps as a tax increase. He agreed with Commr. Campione’s suggestion of wording the issue to be about alternative school funding instead of only doc stamps.
Commr. Sullivan opined that school funding might be more of a legislative priority for the School Board than the BCC, and he hoped that the School Board was putting together a program to ask for funding. He stated that he did not think doc stamps and school funding should be listed as a BCC legislative priority.
Commr. Parks suggested finding out whether the School Board was going to include it on their list of legislative priorities.
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the presented federal and local legislative priorities with the following changes: Move the listing for Wellness Way from Roads/Intersections to Economic Development, add a request under the Environmental heading to allocate $250,000 towards a plan dealing with alternative water in South Lake County, create a subheading under Roads/Intersections for School Safety, and place the Eudora/Old 441/CR 19A Roundabout under the School Safety subheading.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS, cont.
Public resources
Agreement with Polk County regarding Cagan Crossings Library
Ms. Wendy Breeden, Public Resources Director, addressed the Board to give a presentation and seek direction on the renewal of an agreement with Polk County for the joint use of the Cagan Crossings Community Library. She recapped that the agreement for the current year with Polk County was for $78,000 in revenue, but Lake County received a net revenue of $58,748 because of a credit owed from the previous agreement’s funding formula. She explained that Polk County residents pay a discounted annual fee of $20 for use of the library as part of the agreement. She reported that Polk County has proposed that a new agreement be made for FY 2013-14 that would result in a net revue of $7,600, which was calculated using a base payment by Polk County of $53,936 with a negative adjustment of $46,336 based on estimated Polk County park usage by Lake County residents. She stated that this proposal had been presented to the BCC at the August 27th BCC meeting, and the Board had requested additional information on Polk County park usage by Lake County residents before taking any action on the proposal. She mentioned that staff from both counties met to gather the additional information, and it was determined that park usage estimates could not be confirmed. She reported that Polk County was not interested in reducing its non-resident park fees as part of a continued agreement. She noted that only two out of the four options originally presented at the August 27th BCC meeting remained. She specified that Option 1, which would reduce the Library Fund Reserves by $70,400, was to accept Polk County’s recommendation for FY 2013-14, including a reduction in net revenue to $7,600, charging Polk County residents a reduced rate of $20 for a library card, and Polk County charging Lake County residents a non-resident fee to use Polk County parks. She specified that Option 2, which would reduce the Library Fund Reserves by $78,000, was to allow the current agreement to expire and would raise the library card rate for Polk County residents to the normal $40 fee for a non-resident library card. She mentioned that the estimated revenue from Polk County residents purchasing library cards was estimated at $10,000 regardless of the option chosen because it was assumed that fewer library cards would be purchased at the higher rate, causing no increase in revenue. She noted that the impacts of Option 2 had already been included in the proposed FY 2013-14 Budget. She reported that it was staff’s recommendation to approve Option 2, allowing the existing agreement to expire on September 30, 2013.
Commr. Cadwell stated that he had asked last year for the opportunity for the two counties to work out an agreement, and he appreciated that the attempt had been made, even though this was the outcome. He opined that this was the best option for Lake County residents.
On a motion by Commr. Sullivan, seconded by Commr. Cadwell, and carried unanimously by a vote of 5-0, the Board approved Option 2, to allow the current contract with Polk County to expire on September 30, 2013 and charge Polk County residents the normal $40.00 fee for a non-resident library card.
reports – county attorney
Request to retain Business Damage Expert
Mr. Minkoff addressed the Board to request to retain the firm of Morgenstern Phifer & Messina, P.A. as a business damage expert for the County. He mentioned that the firm was based in Tampa and that the agenda backup information indicated how the firm had been chosen. He explained that the reason the request was not part of the consent agenda was to inform the Board that there could possibly be a conflict with the firm. He clarified that the firm would work with the right of way team during the design of road projects and then later on through eminent domain cases, and this firm would be utilized for three parcels in Fruitland Park where the County was expected to have to pay business damages.
Commr. Campione asked if there were any current conflicts.
Mr. Minkoff replied that there were no current conflicts, and he specified that the firm had agreed not to be on the other side of a case against the County, but a conflict could arise if the firm had a client that had locations in several counties throughout the state.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved to retain the firm of Morgenstern Phifer & Messina, P.A., as a business damage expert and authorized the County Manager to sign the retainer letter.
Request to advertise ordinance regarding public participation
Mr. Minkoff presented a request to advertise an ordinance creating Section 2-2, Article I, Chapter 2, Lake County Code, entitled “Public Participation.” He explained that this had been placed on the regular agenda because it needed to be adopted in October, and the Board had not had much of an opportunity to review it. He explained that it followed the presentation from a couple of weeks ago, and it would also be presented at the MPO meeting tomorrow. He specified that while it did not require that public comment be allowed at every meeting, it did require that public comment be allowed before the Board made any decisions, and language had been included in the agenda that unless something was added four days in advance, then the Board would not be allowed to make a decision on it. He noted that there was also language regarding the Board-approved policy on proclamations.
Commr. Cadwell asked if putting an item on the agenda on the Friday before the meeting would meet the four-day requirement.
Mr. Minkoff replied that an agenda item added to the agenda on the Friday before a BCC meeting could be voted on by the Board, but the Board could only discuss and not vote on an item added on Monday.
Commr. Cadwell asked whether an item brought to the County Manager the Friday before a meeting would need to be approved to be added to the agenda at the time of the Board meeting or if it would be added to the agenda as an addendum.
Mr. Heath replied that the item would be added to the agenda as an addendum and posted on the internet with the agenda for the public to view.
Mr. Minkoff noted that emergencies were an exempt category and that if an issue was a true emergency, then it could be added immediately to the agenda without the four day requirement.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved to advertise an Ordinance creating Section 2-2, Article I, Chapter 2, Lake County Code, entitled “Public Participation."
Bcc completion of ethics class
Commr. Cadwell asked Mr. Minkoff if the Board could complete their Ethics Class in house.
Mr. Minkoff replied that he had sent each of the Board members the response from the Ethics Commission to some questions asked by Osceola County. He stated that the burden was on the Board members to complete the training any way they would like; they could do it through a private group, through online courses, or in-house. He specified that the class could be done one-on-one or as a group. He noted that it was a four-hour class and that the Board had until the end of December to complete it.
Commr. Conner stated that he would be doing his class online.
Mr. Minkoff commented that the completion of the class was self-reported by the commissioners, but it would not be a bad idea to document the time spent on the class in case it was challenged.
Commr. Campione stated that she liked the idea of the class being given in house.
The Board agreed to look into conducting the class in-house.
reports – commissioner parks – district 2
Coalition against bigger trucks
Commr. Parks reported that the Coalition Against Bigger Trucks had contacted him through Lake-Sumter MPO requesting information about the effects of larger trucks on Lake County roads so that the group could collect information to come up with an approximate dollar amount of how they would affect Florida roads.
Analysis of Lynx Route 55
Commr. Parks noted that an analysis of Lynx Route 204 had been requested by the Board at the last BCC meeting, and he requested that the same analysis be performed on Lynx Route 55. He stated that he had reached out to Polk County to see if there was the possibility of the Route 224 bus coming to Cagan Crossing to pick up Lake County residents going to Route 55. He reported that he had still not heard back from Polk County. He also noted that Lynx was holding a public meeting that evening in Clermont that night to discuss Route 55 and Route 204. He stated that he was disappointed that Lynx had scheduled this meeting without coordinating it with any of the commissioners, and it was possible that none of the commissioners would be able to make it to the meeting because of the conflict with the Budget Hearing, although he planned to attend.
Commr. Campione stated that she supported Commr. Parks’ request to have an analysis performed on Lynx Route 55, mentioning that she had received emails from concerned citizens over the loss of the bus routes.
Commr. Parks mentioned that the people concerned about Route 55 were planning on attending the Lynx meeting tonight and that they had organized a vanpool to get to the meeting from the Cagan Crossings Walmart.
Commr. Campione asked if there was a way that Lake County’s transportation services could provide transit to a transfer spot a couple of times a day for these residents.
Mr. Heath reported that staff was trying to get an estimate from the County’s public transportation vendor to cover Route 204 in addition to trying to get a cost quote from Lynx regarding that route, and that this would be brought before the Board on October 8th. He stated that the cost of the analysis for Route 55 should be less than the cost for the Route 204 analysis.
Commr. Cadwell noted that part of the problem with Commr. Campione’s question regarding Lake County’s transportation picking up Route 55 was that there were no fixed route transportation services in South Lake.
Commr. Sullivan stated that he supported the effort to conduct an analysis and to find a solution for Route 55, but he opined that Lynx was not going to change their mind about cancelling that service. He commented that it was difficult to get out of a service once a service was provided.
Commr. Conner asked if the Board had already discussed and made a decision regarding Route 55.
Commr. Parks replied that the Board had decided not to fund Route 55 out of the General Fund, but there was a different funding source available for that service. He stated that he was very interested in a South Lake fixed route, Route 5, being formed but that there had been no formal commitment from any of the South Lake cities other than Mascotte. He stressed that they needed to ensure the support of the cities before moving forward with Route 5.
Commr. Conner commented that he had thought that Route 55 was gone and that the only route up for discussion was Route 204.
Commr. Sullivan stated that the County did not have the population base to support mass transit. He commented that they needed to be fair and give Route 55 the same consideration as Route 204.
Commr. Campione opined that it was disappointing that Lynx would not reconsider their stance on the two routes.
reports – commissioner conner – district 3
Niagara Bottling, LLC Consumptive Use Permit
Commr. Conner reported that Niagara Bottling, LLC had applied to double their Consumptive Use Permit and expressed his concern regarding this issue. He stated that he did not support that request and mentioned that he intended to send a letter. He asked if there was something the Commission could do as a whole or if only the individual commissioners should take a stand if so compelled.
Commr. Cadwell stated that he agreed that the Board should stay on top of Niagara’s request and analyze it, but he did not know who on staff could perform that task. He commented that the cities also needed to weigh in on that issue.
Commr. Campione mentioned that Niagara was using the water for human consumption and was planning on using the lower aquifer. She opined that they would need to hire an expert to look at the CUP request.
Commr. Parks opined that bottling plants tore communities apart because of how controversial they were. He mentioned that State Statute stated that bottling plants were an allowable use, so the water management districts had to permit them. He commented that if they wanted to affect change, then they would have to take other actions such as going after the regulation of the permits or taxing the consumption, which were both suggestions he had heard before.
Commr. Cadwell suggested bringing this issue back at the next BCC meeting for further discussion.
The Board decided to research the issue and bring it back at the October 8, 2013 BCC meeting for further discussion.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
Meeting with city of Clermont regarding Sector Plan
Commr. Campione asked if the Board would support meeting with the City of Clermont on the Sector Plan on October 29, 2013 from 6:30 p.m. to 8:00 p.m.
The Board agreed to the meeting.
RECESS AND REASSEMBLY
The Chairman announced at 5:06 p.m. that there would be a five-minute recess.
Public hearing
Lake county fiscal year 2014 budget
Mr. Heath stated that this was the second of two public hearings for the FY 2014 Budget as required by Florida Statute. He remarked that the purpose of the public hearing was to adopt the final FY 2014 Budget including the final millage rates and their change from the rollback millage rates. He introduced Mr. Steve Koontz, Budget Director, who would be discussing the tentative millages as adopted by the Board at the first public hearing which was held on September 10, 2013, as well as the adjustments to the tentative budget. He summarized that the property values for the County had gone up 0.42 percent, which was positive after several years of decline, and it was recommended that all five millage rates remain the same as last year. He commented that both the offices of the BCC and the other elected officials had made a series of difficult budget cuts in order for a balanced budget to be presented. He stated that the County would not be raising taxes and that there were no layoffs of County staff.
Mr. Koontz stated that Chapters 129 and 200 of the Florida Statute which outlines the procedures for the annual adoption of tax rates and budgets require that he identify the tentative millage rates for FY 2014 as well as any adjustments the Board will consider before adopting final millage rates and the final budget. He mentioned that the public hearing was advertised in the Lake County section of the Orlando Sentinel on Friday, September 20, 2013, which was within the required timeframes for publication set by Statute. He reported that the proposed Lake County General Fund Countywide millage rate was 4.7309 mills, which was equal to the current rate and a 0.71 percent reduction from the rollback tax rate of 4.7645 mills; the proposed Lake County Ambulance MSTU millage rate was 0.3853 mills, which was equal to the current rate and a 0.70 percent reduction from the rollback tax rate of 0.3880 mills; the proposed Lake County Stormwater, Roads and Parks MSTU millage rate was 0.4984 mills, which was equal to the current rate and a 1.19 percent reduction from the rollback tax rate of 0.5044 mills; and the proposed Lake County Fire MSTU millage rate was 0.3222 mills, which was equal to the current rate and a 1.20 percent reduction from the rollback tax rate of 0.3261 mills. He stated that the total of the four millage rates came to 5.9368 mills, which was equal to the current aggregate rate and a 0.91 percent reduction from the rollback aggregate tax rate of 5.9830 mills. He added that the proposed Lake County Public Lands-Voted Debt millage rate, which did not figure into the rollback rate calculations, was 0.1900 mills and was equal to the previous year’s adopted millage rate.
The Chairman opened the public hearing.
Ms. Diane Weinbaum, a resident of Leesburg, addressed the Board to express her concern regarding the poor condition of the parking lot for Kathy’s Café on US 441.
Commr. Campione stated that this public hearing was for the proposed FY 2014 Budget and mentioned that it should have been addressed during the Citizen Question and Comment Period held during the morning part of the meeting.
Mr. Minkoff suggested that Mr. Jim Stivender, Public Works Director, would be able to help answer Ms. Weinbaum’s questions.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Mr. Koontz reported that the changes to the FY 2014 Budget included purchase order carry-forward estimates and totaled $3,869,384. He stated that the tentative FY 2014 Budget including the proposed changes totaled $351,246,603.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried by a 4-1 vote, the Board approved Resolution 2013-106 setting the Lake County Countywide Final Millage Rate at 4.7309 mills.
Commr. Cadwell voted, “No.”
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Resolution 2013-107 setting the Lake County Municipal Services Taxing Unit for Ambulance and Emergency Medical Services Final Millage Rate at 0.3853 mills.
On a motion by Commr. Conner, seconded by Commr. Parks and carried by a 4-1 vote, the Board approved Resolution 2013-108 setting the Lake County Municipal Services Taxing Unit for Stormwater Management, Parks and Roads Final Millage Rate at 0.4984 mills.
Commr. Cadwell voted, “No.”
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved Resolution 2013-109 setting the Lake County Municipal Services Taxing Unit for Fire Rescue/Emergency Medical Services Final Millage Rate at 0.3222 mill, and Resolution 2013-110 setting the Lake County Voter Approved Debt Service Final Millage Rate at 0.1900 mills.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved adopting the changes to the tentative FY 2014 Budget totaling $3,869,384.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved Resolution 2013-111 setting a Final Budget for FY 2014 of $351,246,603.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:22 p.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK