A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 25, 2014
The Lake County Board of County Commissioners met in regular session on Tuesday, February 25, 2014 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: Jimmy Conner, Chairman; Sean Parks, Vice Chairman; Timothy I. Sullivan; Leslie Campione; and Welton G. Cadwell. Others present were: David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Jennifer Johnson and Susan Boyajan, Deputy Clerk.
Commissioner Conner remembered Mr. Tony Adams, Deputy Sergeant John Meeks from the Lake County Sheriff’s Office, and Growth Management Director, Amye King’s mother who recently passed away.
INVOCATION and pledge
Pastor Tim Travis with The Father’s House Christian Center in Leesburg gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. David Heath, County Manager, pulled Tabs 28 and 29 from the Consent Agenda to have them heard along with Tab 34, regarding CR 466A.
PRESENTATION OF CERTIFICATES TO VOLUNTEERS
Ms. Christina Brandolini, Employee Services Director, presented the following certificates to volunteers with over 150 hours of service:
VOLUNTEERS PRESENT
Sondra Surface volunteered 158 hours with the Public Resources Department at Cooper Memorial Library.
Strait Hollis volunteered 168 hours with the Public Safety Department in the Emergency Management Division.
Stephen Flynn volunteered 183 hours with the Public Safety Department in the Emergency Management Division.
Emil Vandevelde volunteered 187 hours with the Public Safety Department in the Emergency Management Division.
David Hasunuma volunteered 188 Hours with the Public Resources Department at Cooper Memorial Library.
Carl DePoy volunteered 194 hours with the Public Safety Department in the Emergency Management Division.
Robert Putman volunteered 196 hours with the Public Resources Department in
the Parks & Trails Division.
Lanny Villinis volunteered 199 hours with the Facilities & Fleet Management Department in the Facilities Division.
Margaret Lindsay volunteered 208 hours with the Public Resources Department in the Parks & Trails Division.
Paul Branch volunteered 210 hours with the Public Safety Department in the Emergency Management Division.
Tom Merchant volunteered 218 hours with the Public Resources Department in the Library Services Administrative office.
John Walton volunteered 240 hours with the Public Safety Department in the Emergency Management Division.
Fred Fitte volunteered 243 hours with the Public Safety Department in the Emergency Management Division.
Wanda Klaas volunteered 257 hours with the Public Resources Department in the Literacy Program.
Whitney Luckhart volunteered 285 hours with the Community Safety and Compliance Department in the Animal Services Division.
Judith Gehrke volunteered 313 hours with the Public Resources Department at Cagan Crossings Community Library.
Charles Keller volunteered 354 hours with the Public Resources Department in the Library Services Administrative office.
Jane Smith volunteered 375 hours with the Public Resources Department at Cagan Crossings Community Library.
Paul Hemby volunteered 383 hours with the Public Safety Department in the Emergency Management Division.
George Wingate volunteered 397 hours with the Community Safety and Compliance Department in the Probation Division.
Michelle Brady volunteered 400 hours with the Public Resources Department at Cooper Memorial Library.
Craig Smith volunteered 509 hours with the Public Resources Department at Cagan Crossings Community Library.
Howard Youngmeyer volunteered 579 hours with the Public Resources Department in the Literacy Program.
NATIONAL LIBRARY WEEK
On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Proclamation proclaiming April 13-19, 2014 as National Library Week.
NATIONal NUTRITION MONTH
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Proclamation proclaiming March as National Nutrition Month.
Mr. B.E. Thompson stated that he lost 320 pounds naturally, and he noted that the loss of weight is a lifestyle change, not a diet. Mr. Thompson stated that he is healthier and is now able to volunteer more often in Lake County.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the BCC Minutes of January 21, 2014 (Special Meeting).
citizen question and comment period
Mr. James Lobb, a resident of Clermont and member of the Native Plant Society, stated that he would like to introduce more native plants back into the environment to reestablish the sense of place, reduce the need for excessive water for landscaping, reduce fertilizer and insecticide usage, which will improve water quality, and provide food and habitat for native birds, animals and pollinators. He related that the organization’s chief concerns are to improve the environment in the parks by providing tree shaded trails and showcasing a wider variety of native plants that could be used by homeowners. They request regulations be lifted to enable small growers the ability to grow and sell native plants. There is currently one native grower and retailer in Lake County, and they feel that this needs to be addressed to improve the quality of life in Lake County. He thanked the Lake County Water Authority for their attentiveness to their cause.
Commr. Parks noted that he has met with Mr. Lobb several times, and he promotes their advocacy on the cause, because it will save Lake County’s water resources.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 3, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Notice of Public Hearing from the City of Mount Dora
Request to acknowledge receipt from the City of Mount Dora for the Proposed Annexation Ordinance No. 2014-01, Cattle Groves and Hay, LLC, West side of Britt Road and South of SR 44 (4505 Britt Road) 57.21 ± Acres, along with a notice of public hearing to be held on Tuesday, February 18, 2014 at 6:00P.M., at Mount Dora City Hall, 510 North Baker Street, Mount Dora, Florida.
Ordinances from the City of Groveland
Request to acknowledge receipt of a copy of the following Ordinances from the City of Groveland extending and increasing the corporate limits of the City of Groveland pursuant to voluntary annexation provisions:
Ordinance 2013-12-23 annexing approximately 5.251 acres of real property
Ordinance 2013-12-24 annexing approximately 5.25 acres of real property
Ordinance 2013-12-25 annexing approximately 5.251 acres of real property
Ordinance 2013-12-26 annexing approximately 5.25 acres of real property
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 6 through 26, as follows:
Community Services
Request from Community Services for approval and signature of Update for Section 8 Five Year Plan and the Project Based Voucher Administrative Plan. There is no fiscal impact.
Request from Community Services for approval of the Third Amendment to Restated Agreement between Lake County, Florida and LifeStream Behavioral Center, Inc. for the Neighborhood Stabilization Program 3 (NSP3). There is no fiscal impact.
Community Safety and Compliance
Request from Community Safety and Compliance for approval to accept Department of Children and Families Criminal Justice, Mental Health and Substance Abuse reinvestment grant 2014-17 in the amount of $1.2 million for 36 months ($400,000 annually). The fiscal impact is $1,200,000 (REVENUE); $1,200,000 (EXPENSE). This is a pass through grant to Lifestream. Also requesting approval for the County Manager to sign all subsequent grant paperwork.
Request from Community Safety and Compliance for approval of application for the Bureau of Justice Assistance Second Chance Act Reentry Program for Adult Offenders with Co-Occuring Substance Abuse and Mental Health Disorders Grant. The grant award will be up to $600,000 for a 2 year period. Lake County will subcontract with LifeStream Behavioral Center for services. There is no match required.
Economic Development and Tourism
Request from Economic Development and Tourism for approval to authorize the transfer of up to $25,000 from TDT monies to Public Resources (Parks & Trails) to assist with costs associated with hosting the Dot Richardson Spring Games at the Minneola Athletic Complex (MAC). The fiscal impact is up to $25,000 (Expenditure). Commission District 2.
Public Resources
Request from Public Resources for approval to solicit and accept sponsorships for the 3rd Annual Central Florida Landscaping and Garden Fair to be held May 3 - 4, 2014 at the Lake County Agricultural Center. The fiscal impact will be determined by the sponsorships received.
Request from Public Resources for acceptance of the Pine Meadows Conservation Area from the St. Johns River Water Management District through a Quit Claim Deed; approval and signature of a Perpetual Conservation Easement, a Cooperative Management Agreement, and Access Easement Agreement; approval and signature of a Memorandum of Agreement with The Florida Fish and Wildlife Conservation Commission for Wetland & Aquatic Habitat Enhancement. FY 2014: No fiscal impact; FY 2015: $25,000 (Expenditure); Commission District 4.
Public Safety
Request from Public Safety Department, Fire Rescue Division, for approval to transfer $38,055 in budgeted operating funds to capital funds, and to purchase vehicle extrication tools with a total cost of $39,495. The fiscal impact is $39,495 (Expense).
Public Works
Request from Public Works for approval of the Transportation Regional Incentive Program (TRIP) Agreement and supporting Resolution No. 2014-11 between Lake County and the Florida Department of Transportation (FDOT) for the construction of the N. Hancock Road Phase IIIA Project in the Minneola/Clermont area. The FDOT will provide funding in the amount of $1,935,858.00 toward the Lake County segment of the project. The N. Hancock Road Phase IIIA County funded segment of the project will begin at CR 50 and run north to Fosgate Rd. On the remaining segments of the project, the Turnpike Interchange is being funded and built by the Florida Turnpike, and The Hills of Minneola DRI is funding and building the project from the turnpike interchange north to CR 561. Lake County is also funding Phase IIIB of the project from Fosgate Rd. to the Turnpike Interchange. The total estimated cost of the County funded segment is $8.4 million for the road construction and for the construction and Engineering Inspection. With this agreement, FDOT will fund $1,935,858.00 of the cost of the County segment, and the remainder will be funded by Lake County. Lake County currently has budgeted funds in the Five Year Transportation Construction program necessary to cover the cost of the project, with reimbursement from FDOT at project completion. The fiscal impact is $1,935,858 (Expenditure/Revenue); 100% grant funded. Commission District 2.
Request from Public Works for approval and signature of Resolution No. 2014-12 to advertise Public Hearing to vacate and cease maintenance on a portion of County-maintained Pine Ridge Dairy Road (#5603), in the Fruitland Park area. There is no fiscal impact. Commission District 5.
Request from Public Works for approval and signature of Resolution No. 2014-13 to advertise Public Hearing to vacate a portion of a drainage easement in conjunction with the Lake Saunders Outfall Project in the Mount Dora area. There is no fiscal impact. Commission District 3.
Request from Public Works for approval and authorization for Chairman to execute a satisfaction and release of lien for one (1) special assessment. There is no fiscal impact.
Request from Public Works for approval and signature of Resolution No. 2014-14 to advertise Public Hearing to vacate unnamed right of way and lots in the Plat of C.L. Johnson's addition to Altoona. There is no fiscal impact. Commission District 5.
Request from Public Works for approval and signature of Resolution No. 2014-15 to advertise Public Hearing to vacate a portion of right of way along the old alignment of CR 466A in the Fruitland Park area. There is no fiscal impact. Commission District 5.
Request from Public Works for approval to award an operating lease under RFP 14-0608 for two (2) motor graders for a four (4) year term with Nortrax, Inc. (Orlando, FL) for use by the Road Operations Division of Public Works. The fiscal impact is $204,582.72 4-year lease term (Expenditure).
Request from Public Works for authorization to accept the final plat for Verde Park Phase 1 and all areas dedicated to the public as shown on the Verde Park Phase 1 final plat, accept a performance bond in the amount of $748,146.49, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Meritage Homes of Florida, Inc. Verde Park Phase 1 consists of 61 lots and is located East of Clermont off CR-50 in Section 24, Township 22 South, Range 26 East. There is no fiscal impact. Commission District 2.
Request from Public Works for approval and signature on Resolution No. 2014-16 authorizing the posting of “No Standing No Stopping No Drop Off" signs on Bates Avenue (5771) in the area of Eustis Middle School in the Eustis area, Section 6, Township 19, Range 27. There is no fiscal impact. Commissioner District 4.
Request from Public Works for approval and acceptance of the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects. There is no fiscal impact. Commission Districts 1, 2, 3, 5.
Request from Public Works for approval to award under Invitation to Bid (ITB) 14-0611 for three (3) agricultural flex wing mowers for the Road Operations Division of Public Works and execution of all procurement documentation by the Procurement Office. The fiscal impact is $36,300.00 (Expenditure).
Request from Public Works for approval to award under Invitation to Bid (ITB) 14-0613 for one (1) 25,500 GVWR dual rear wheel crew cab truck with hydraulic dump chipper box for the Road Operations Division of Public Works, and execution of all procurement documentation by the Procurement Office. The fiscal impact is $89,873.00 (Expenditure).
Request from Public Works for approval to award under Invitation to Bid (ITB) 14-0614 for a total of seven (7) pickup trucks of various body types for the Road Operations Division of Public Works, and execution of all procurement documentation by the Procurement Office. The fiscal impact is $153,976.00 (Expenditure).
COUNTY ATTORNEy’s consent agenda
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 27 and 30, as follows:
Request from the County Attorney for approval for the County Manager to execute the Settlement Agreement in Case No. 2013-CA-003333, Lake County vs. Chester C. Fosgate Company, et al, an eminent domain case involving property located on North Hancock Road. The fiscal impact is $80,000 (Expenditure).
Request from the County Attorney to appoint Commissioner Sullivan to serve on the Lake County Canvassing Board for the 2014 election cycle.
PUBLIC HEARINGS
VACATION petition 1206
Mr. Jim Stivender, Public Works Directort, displayed a map on the monitor of the plat regarding the Vacation Petition and noted that they did not receive any letters in opposition or support for the project. He recommended approval from the Board to vacate.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried by a 4-0 vote, with Commr. Campione abstaining from voting due to a conflict of interest, the Board approved Vacation Petition No. 1206 to vacate a portion of a platted drainage and utility easement in the Plat of Dora Pines, located in the Mount Dora area and Resolution No. 2014-18. There is no fiscal impact. Commission District 4.
REZONING
Mr. Steve Greene, Chief Planner from the Growth Management Department, stated that the rezoning cases have been advertised in accordance with the law, with one change to the agenda to move the regular agenda items to consent. Mr. Greene requested that the Board consider the agenda for approval.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the following Rezoning Agendas:
REZONING CONSENT AGENDA
Ordinance No. 2014-8
PH# 4-14-4
Lake County Fire Station #39
Rezoning amendment
Request to amend and replace existing Community Facility District (CFD) Ordinance #34-92 and rezone property from Urban Residential (R-6) to expand the CFD zoning district to facilitate the placement of fire station living/sleeping quarters.
Ordinance No. 2014-9
PH# 3-14-2
John’s Lake, LLC
PUD amendment
Request to amend Ordinance #2012-7, Section I.A.1.a.v, related to the timing and construction of the wall between the Magnolia Pointe subdivision and the John’s lake Landing subdivision with no other changes to the Planned Unit Development (PUD).
Ordinance No. 2014-10
CUP Revocations
A. CUP#89/9/6-4 (James and Elizabeth Byrd) for an Art Studio and wood working shop as a home occupation at 21131 County Road 44A, Eustis, FL 32726. The Applicant requested CUP revocation.
B. CUP#91/1/1-2 (Nola L. Willis) for caretaker’s residence in conjunction with sawmill operation at 5330 County Road 561, Clermont, FL. Timothy Dekorme, the present owner concurs with the CUP revocation request.
C. CUP#93A/6/1-1 (Linda Greeson and Alice T. Rowley) for an aviary at 1425 Miller Boulevard, Fruitland Park, FL. The Applicant requests CUP revocation as the aviary structure has been removed from the property.
D. CUP#173-3 (Wayne Sabin) for a children’s tennis camp at 11550 Last Chance Road, Clermont, FL. The Applicant concurs with the CUP revocation request as the business is no longer in operation.
E. CUP#640-4 (James Bailey) for a real estate office as a home occupation at 2893 Eudora Road, Eustis, FL. Staff received information that the Applicant is deceased and the dwelling is under new ownership.
F. CUP#07/9/1-4 (John and Mary Beatty) for dog kennel use as “Greyhound Ranch Adoptions.” The Applicant requested revocation of the CUP and the business is no longer active.
REZONING REGULAR AGENDA
Ordinance No. 2014-11
LPA# 13/4/1-2
Rural Support Intersection
SR 44 and CR 437 (adoption)
Request to add a Rural Support Intersection at the intersection of SR 44 and CR 437, near Eustis and Sorrento, as previously approved by the Board of County Commissioners on May 25, 2010.
Ordinance No. 2014-12
LPA# 13/8/1-1
US Hwy Commercial Corridor Extension (adoption)
Request to amend to the future land use map to extend the US 27 Major Commercial Corridor on the west side north from CR 474 to just north of Superior Blvd.
presentation by the information technology department
Mr. Steve Earls, Director of Information Technology, gave a presentation regarding the Records Management Workshop. He explained that Florida’s Records Management Program has been in existence since 1969 and is a cooperative effort between the Division of Library and Information Services and state and local government agencies throughout Florida in which the Division of Library and Information Services provides assistance to those agencies to promote efficient management of public records. He noted that Florida State Statute Section 257.36(5), specifies the responsibilities of state and local government agencies as follows: “It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (RMLO). (b) Establish and maintain an active and continuing program for the economical and efficient management of records.” He pointed out that the RMLO is the County Manager, who performs a variety of records management functions as assigned by the agency, including training and advising agency staff in records management practices; participating in agency decision-making for issues such as microfilming, digital imaging, storage, and disposal; and reporting annually to the Division regarding the agency’s compliance with records management statutes and rules.
Mr. Earls discussed the BCC Records Management Program, which complies with Florida Statutes and Administrative Code, noting that the Board’s policies and procedures are written in accordance to Division of Library and Information Services guidelines. He stated that Lake County’s Program works by each department, office, and division designating one or more employees as Records Coordinator(s); there are currently 32 Records Coordinators who are trained to perform records management duties for their area of responsibility. He mentioned that records retention is determined by the appropriate State of Florida general records schedule; Section 257.36(6), F.S., states, “A public record may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division (of Library and Information Services)” and Rule 1B-24.001(3)(I), F.A.C. defines “Records Retention Schedule” as indicating the minimum time such records must be kept. He stated that records may be kept longer if they have legal, fiscal, administrative, or historical value. He described the way that Lake County’s program works; each department or division Records Coordinator boxes and documents inactive files for storage; the IT Records Technician verifies the paperwork and transports the boxes to the BCC Records Center; the boxes are warehoused and location/retention information is recorded; requests for retrieval of these records are fulfilled by the IT Record Technician; the Record Coordinators are provided a list of boxes eligible for destruction each year; and upon approval from the department, the IT Records Technician destroys those records having met retention requirements. He mentioned that the climate controlled BCC Records Center opened in 2011 and currently has over 4,000 boxes, which is filled to approximately 80 percent capacity.
Mr. Earls explained how they began a program improvement initiative in 2012 and requested that Internal Audit look into areas of their Records Management Program, and improvements were made in the areas of updated policy, procedure, and handbook; formal training of 32 Department/Division Records Coordinators followed by annual training updates; destruction of 332 boxes of records meeting retention requirements; new job description/title change for the Records Technician; addition of a computer for staff use at the Records Center; and expanded the use of electronic file storage and retention within the departments. He noted that the records management program staff are staying abreast of changes as they occur and efficiently using existing resources.
Commr. Sullivan inquired about the storage facility being at 80 percent capacity and whether that was going to decline as they move to electronic storage.
Mr. Earls advised that they are moving towards electronic storage and they have received cooperation with destruction of unnecessary records, which should assist in the space at the facility.
presentation by public works department
cr 466a road improvement project
Mr. Fred Schneider, Engineering Director, presented the Fruitland Park CR 466A Road Improvement Project update. He noted that the background of the project has been planned and programmed for over 10 years, the PDE study was completed in November 2004 by the City of Fruitland Park and approved by Lake County, the final design has been completed with a design update underway for Phase 1, which includes a traffic signal on US 27, and Lake County has expended a total of $5.13 million on the project to date, with an additional $3.1 million remaining in the Impact Fee account for the project. He explained that for the fiscal year 2014, FDOT has agreed to fund a $4.35 million match for right-of-way expenses and purchases under an agreement with Lake County; the current plan is to begin construction in fiscal year 2015 of both Phase 1 and 2, where Lake County will bid and construction is contingent upon reaching an agreement with The Villages; FDOT has programmed to fund a $2.5 million match in and fiscal year 2017 toward construction of Phase 1, and FDOT approval for advance reimbursement will allow the project to proceed to construction as soon as right-of-way acquisition is complete.
Mr. Schneider displayed a map on the monitor regarding the overall length of the project being 3.05 miles from the Lake/Sumter County line east to US 27 and divided it into three phases, with Phase 1 being funded for right-of-way through an FDOT TRIP match (50/50 match) and construction through the FDOT TRIP match running from US 27 to Sunny Court for a total of 0.45 miles. He related that Phase 2 is on the western end towards The Villages spanning a length of 1.8 miles and is funded for right-of-way through an FDOT TRIP match; and Phase 3 consisting of 0.8 miles does not have an identified funding source for construction. He explained that Phase 1 would have a new signal proposed at US 27 and four lane construction running west past CR 25A, and tapering down towards Century Avenue. He commented that the main impact to properties is business damages and business taking. He displayed a map on the monitor regarding Phase 2, The Villages proposal for their property, which is 777 acres with 2,050 residential units; the Galbreath Farm that is a 41.5 acre property where they would like to purchase 7.6 acres for a stormwater retention area; and Phase 3, which is primarily residential, and they already purchased three homes in that area through friendly sales.
Mr. Schneider discussed the right-of-way funding and the TRIP Agreement that was executed on December 18, 2013 between Lake County and FDOT for funding $4.35 million to complete the right-of-way acquisitions on CR 466A, which consist of a total of 23 property acquisition impacts to complete Phases 1 and 2; and Phase 3 of the project remains unfunded for both right-of-way, which includes 36 properties, and construction. He noted that a Notice to Proceed was received from FDOT on December 10, 2013 with regard to the Right-of-Way Acquisition agreement for Phases 1 and 2. He indicated that the proposal today for the first quarter of 2014 is to begin the eminent domain process and in the fourth quarter to have all of the right-of-way acquired, with the remaining parcels that they are looking at being towards The Villages. He noted that the FDOT TRIP agreement will expire June 20, 2016. He pointed out that to date, the right-of-way acquisitions impacted 65 properties and they are 65 percent complete, with a total estimated cost of $6.8 million and $2.2 million spent. He related that the right-of-way acquisition on all three phases to date impacted 118 properties, with a 50 percent completed acquisition and a total estimated cost of $9.4 million and $3.7 million spent. He related that eminent domain is necessary to acquire the right-of-way prior to October 2014 in order to proceed timely with the construction by the end of 2015.
Mr. Schneider mentioned that for construction, they would request advanced reimbursement from FDOT in 2015 to allow them to go forward with construction, and they could spend dollars on construction with a Notice of Approval with the guarantee that it would be refunded to them in 2017. He advised that Phase 1 would begin construction in the first quarter of 2015 and the Phase 2 construction date would be pending final agreements with The Villages and the City of Fruitland Park. He requested approval of the Resolutions instituting Eminent Domain proceedings for acquisition of property for the CR 466A widening project, Phases 1 and 2; approval to proceed with pre-suit negotiations offers; and approval of the Settlement Agreement for the Galbreath Property for purchase of land for right-of-way and the stormwater pond on the BCC Agenda.
Mr. Sanford Minkoff, County Attorney, advised that they do not have all of the Resolutions complete for Phases 1 and 2, but the goal is to have them all complete by May 1.
Commr. Conner recognized Mr. Chris Bell, Mayor of Fruitland Park and the new City Manager, Mr. Gary La Venia.
Commr. Cadwell inquired as to the long range plan for funding of the phases.
Mr. Stivender answered that he is working with FDOT to try to get more TRIP funding and that he will use impact fees as well.
Commr. Cadwell questioned whether they could use sales taxes.
Mr. Stivender stated that they could.
Mr. Minkoff stated that the property owner at the intersection of Micro Racetrack and CR 466A is very interested in a signal, so that may be a part of negotiations.
Mr. T.J. Fish, MPO Director, advised that they received a grant, and they will see if FDOT will fund the TRIP agreement because of The Villages being a part of that partnership.
Commr. Sullivan stated that he has experienced the challenging traffic in this area, and they need to attempt to alleviate the traffic if possible.
Commr. Parks questioned the projections for impact fee collection and how much they will net for that.
Mr. Schneider advised that they currently have $3 million in an account from impact fees, but it was not enough to build a major road.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the request for the County Attorney to draft and execute a Settlement Agreement in an eminent domain case to be filed against William Galbreath for a portion of property located on CR 466A. The fiscal impact at this time is $1,327,450.32, and request for approval of Resolution Numbers 2014-17 (Rector), 2014-22 (Westfall), 2014-23 (Bonifacino), 2014-24 (William Galbreath), 2014-25 (Calley Plaza, LLC), and 2014-26 (Patel) instituting Eminent Domain proceedings for acquisition of property for the CR 466A Road Project and approval to proceed with pre-suit negotiations offers. The fiscal impact is not determinable at this time.
APPOintment to Affordable housing advisory committee
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2014-19 to appoint Mr. Ken Thomas to the Lake County Affordable Housing Advisory Committee, under the category of Resident Who is Designated as an Advocate for Low-Income Persons in Connection with Affordable Housing to complete an unexpired two-year term ending November 30, 2014.
RECESS AND REASSEMBLY
The Chairman announced at 10:16 a.m. that there would be a 15 minute break.
Commissioner discussion
WEKIVA RIVER access
On a motion by Commr. Campione, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2014-20 supporting acquisition of property for passive park access to Wekiva River as requested by Commr. Campione. There is not fiscal impact.
Commr. Campione advised that they do not have funding at this time, but she would like to advocate on behalf of the County to secure funding to obtain access to Wekiva River for a trail head and kayak launch. She requested support from the Board to explore this further.
Commr. Cadwell inquired as to whether there was any other group out there that would take this over at this time.
Commr. Campione answered that there is currently no other group that has gone that direction, so passing the Resolution would give her the ability to reach out to those groups and partner or allow them to take the lead. She advised that she spoke with the MPO about this location for a trailhead, and the PD&E could be amended to include that location as a potential trailhead, which would allow them to seek funding from other sources.
Commr. Cadwell pointed out that this needed to be handled correctly, because there may be financial ramifications down the road for funding.
Commr. Parks stated that access to the Wekiva River is very important.
Commr. Campione noted that FDOT is obtaining access for a bridge expansion at the site, and the owner has attempted to sell to the State in the past. She related that this location would be just south of old Katie’s Landing, and she opined that this would be a passive location where people would not expect amenities that are at other parks.
Mr. Minkoff added that this is a plat parcel and is a prime location that they have attempted to acquire, but they were never able to work out the monetary issues; the property was appraised at least twice with negotiations that were never worked out.
Commr. Campione stated that the parcel would be a range of three to five acres, and she would like to pursue talking with FDOT to see if it could be included in their acquisition.
Commr. Cadwell commented that this should be right next to the trail to make this an amenity of the trail.
WEKIva interchange and CR 435
Commr. Campione stated that as part of the construction at the intersection, there will be an interchange for approximately four years, which they plan to close once construction is complete, which would then put a large burden on CR 435 in the Mount Plymouth area. She advised that they were asking FDOT to study this situation and take into consideration that this could create some major problems in the future and that it may be the best idea to keep it open in the future. She mentioned that this particular interchange is in Orange County, and they are also supporting this. She requests support from the Board to emphasize to FDOT the importance of the burden that this could create, being that it would be on the Lake County side.
Commr. Cadwell opined that after the four years of a traffic pattern, it would need to stay open.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2014-21 requesting FDOT to study the Wekiva Interchange and CR 435, as requested by Commissioner Campione. There is no fiscal impact.
animal services coordinator position
Commr. Campione noted that the funding of an adoption/rescue coordinator position at Animal Services would be a way save money immediately, although they would initially spend money, because they would be able to place animals into a rescue group where they could be adopted. She mentioned that there would be a fiscal impact because they would have to hire a full time employee, but she suggested that they would be able to document a savings of about $100,000 a year from now.
Commr. Cadwell commented that he is not sure how they could use the general fund for this, along with the other items they have in the budget because of how the budget process works. He noted that Animal Services will be giving a presentation in a few weeks on a progress report for their department, so they should wait to make a decision on funding for this until that time.
Commr. Campione stated that this position is in a completely different category of expenditures because it is something that will begin to save money immediately, as well as saving animals.
Commr. Parks commented that this will save money, but he would like to know more about the position and only have a discussion about this today. He opined that this would be beneficial, but he would not like to have to make a decision at this time before hearing the presentation by Animal Services.
Commr. Campione pointed out that if they wait to make a decision, there will be additional costs that will incur for waiting, such as euthanizing the animals, veterinarian bills, disposal costs and several others.
Commr. Sullivan noted that he supported the motion but has the same budgetary concerns as the other commissioners. He stated that one of the biggest areas he gets comments on from the public is Animal Services, and while he feels that they have made mass improvements, they are still in the beginning of where they need to be and this will help them carry out their mission.
Commr. Conner stated that he would like to see this position, but would like to see the presentation on March 11 by staff before they make a decision to take the money out of the budget.
Commr. Campione requested that the Board postpone any euthanizing of the animals until they make a decision after the presentation on March 11.
Commr. Conner stated that they cannot make a decision for the staff of Animal Services when they do not know the progress that has been made with euthanasia at their office or how they function.
Commr. Campione mentioned that after meeting with staff at Animal Services, she learned that there is a disconnect between rescue groups and the animals that were available to them when it comes to manpower.
Commr. Conner stated that they will defer any action on this until they hear the presentation on March 11.
Mr. Heath noted that April 8 would be the date for the Board to consider this for budgetary reasons after the March 11 presentation.
Mr. Jim Knauss, a resident of Mount Dora, spoke to address the need for a full time, salaried employee in Animal Control. He feels that this would be a great opportunity for Lake County to be proactive and pet friendly by rescuing pets. He also stated that this would fiscally, morally and ethically be the right thing to do in Lake County to help prevent euthanizing animals.
Ms. Linda Coletta, a resident of Minneola and rescue shelter owner, spoke to address why working with rescues benefits the County. She noted that animals that come into Animal Services have the ability to be adopted, rescued or euthanized. Rescue would be the best option for Lake County, because it saves costs to avoid vet fees and other costs to prepare an animal for adoption, as well as the $15 a day cost to house an animal at Animal Services; animals can be adoptable before they become aggressive, sick or depressed; rescue avoids the recycling of animals through the shelter because less animals are returned or abandoned; reduces the cost of euthanasia; and improves employee morale and reduces turn over. She requested a full time salaried employee to offer flexibility to work on after-hour emergency situations. She noted that the urgency is due to the fact that the employee that was devoted to this area resigned in 2013.
Ms. Marci Knauss, a resident of Mount Dora, spoke regarding family pets and whether anyone would like to have their pets stay at Animal Services. She mentioned that Mr. Brown from Harris Oil was willing to donate an air conditioning unit and resources to Animal Services. She also has community resources that will donate a washer and dryer and a contactor that is willing to give Animal Services a face lift.
reports – County attorney
south lake fire station
Mr. Sanford Minkoff reported that they are working with County staff from Fire and Public Safety and Economic Development, BMG, and Senninger Irrigation regarding the relocation of the South Lake Fire Station and the red light at SR 50, and they should be close to drawing up the documents. He mentioned that although Bryant, Miller and Oliver is the law firm for both Senninger and the Board’s disclosure counsel on bond issues, the Board previously waived the conflict for Bryant, Miller and Oliver and Senninger when there was a bond issue in the past. He mentioned that they will be going forward and should have a report in the next few weeks in regards to the fire station.
reports – county manager
changes to agenda
Mr. David Heath reported that the structure of the agenda has changed slightly to bifurcate the commissioner reports section versus a section that specifically deals with action or discussion items, so there is now a new section in the agenda for Board members to discuss action items.
Sector plan meeting in clermont
Mr. Heath stated that pursuant to the retreat from February 12, he spoke with Darren Gray, Clermont City Manager, to schedule the joint work session on the Sector Plan for April 22, 2014 at 5:00 p.m. with their council meeting to start at 7:00 p.m., at the Clermont Community Center. He noted that hopefully they can have a signing ceremony with the City of Clermont that same day for the fire agreement.
donation of house by mr. tim bailey
Mr. Heath discussed the proposed donation of a house by Mr. Tim Bailey in the Mount Plymouth area, which will be impacted by a new development. He mentioned that they considered moving it to Station 39; however, since the bids came back at over $110,000, to do so, they will notify Mr. Bailey that they appreciate the offer, but it will not work at this time.
reports – commissioner sullivan – district 1
League of cities meeting – gas tax
Commr. Sullivan stated that at the last League of Cities meeting they discussed the gas tax, and he thanked the staff for an update. He noted that it is up to the cities to approve the interlocal agreement and the formula for the expending of those dollars, which needs to be done by May. He stated that the big issue for the cities is discrepancy on how funding will work out because of population changes since they enacted the gas tax.
Reports – commissioner parks – district 2
water projects program
Commr. Parks reported that applications have been officially submitted to the House of Representatives Water Projects Program and the Senate Water Projects Program in accordance with the legislative agenda requesting state assistance for the South Lake Regional Water Initiative Study that the cities and County are asking to be implemented on October 1, 2014. He advised that the study is in the preliminary engineering and planning stage for the interconnection of systems, reuse, and potable and other alternative water supply projects. He noted that there was a slight change on the agenda for a request of $300,000 instead of $250,000 in funding. He thanked Representative Larry Metz and Senator Alan Hays for their support.
Press release
Commr. Parks suggested that there be a press release for the volunteers that were honored today, because it is very inspiring to see and hear the stories about the individuals that have given their time to Lake County.
Reports – commissioner campione – district 4
apopka loop trail
Commr. Campione noted that she attended the ribbon cutting for the Apopka Loop Trail along with Orange County officeials, and several runners from the Mount Dora Runners Club ran 7.5 miles to the site and came in right as Lake County representatives got up to speak. She mentioned that they also looked at the area of North Shore Overlook, and the area in Lake County is shaded and pretty.
Mpo meeting
Commr. Campione advised that she would not be able to attend the MPO meeting Wednesday due to a conflict.
Wekiva wild and scenic river committee
Commr. Campione stated that she was involved with the Wekiva Wild and Scenic River Committee last week and saw a presentation on the new bridge as part of the Parkway Project. She explained that it is a single span with no pilings in the water, is very high and blends with the tree line, and has a service road where the trail will be.
Workforce consortium meeting
Commr. Campione mentioned that later in the week she will be attending the Workforce Consortium meeting, which was given the new name of Career Source, and the program will be rebranded.
Renaming of sr 44’s
Commr. Campione noted that a constituent contacted her regarding the possibility of renaming some of the SR 44’s because of a sign on Estes Road towards Umatilla that is extremely confusing. She mentioned that she would like to raise this as a discussion item to possibly consider the renaming of the roads.
Mr. Stivender advised that it would be easier to drop the number and give the street a name; however, the major challenge is changing addresses.
reports – commissioner cadwell – district 5
Commr. Cadwell mentioned that he attended the Career Source for Central Florida’s brand new launch.
Trout lake nature center
Commr. Cadwell noted that there was a great turnout at the Trout Lake 25th Anniversary, even though the weather was not very good in the morning.
Lake county health department event
Commr. Cadwell related that he attended the Lake County Health Department event that was in the building commemorating 25 years of public health in Florida.
Education foundation meeting regarding renaissance faire
Commr. Cadwell stated that he met with the Education Foundation and have come to an agreement about the small piece of property across from Lake Idamere. He reported that the TDC met on Monday and agreed to contribute $50,000 to the Education Foundation for their relocation of the two-weekend Renaissance Faire event. He mentioned that this is part of the USA Volleyball bid.
curbside collection information outreach
Commr. Cadwell mentioned that he attended the curbside collection information outreach meeting in Umatilla on Saturday, which had approximately 20 people in attendance, and 99 percent of the attendees requested that they go ahead with the project. He also mentioned that there would be a drastic drop in the commercial rates for businesses after the agreement was signed.
groveland fire station
Commr. Cadwell stated that he appreciated the efforts put in at the Groveland Fire Station for automatic aid.
Umatilla chamber event
Commr. Cadwell noted that he attended the Umatilla Chamber event the previous night.
st john’s river alliance
Commr. Cadwell advised that it will be the County’s turn to host the upcoming St. John’s River Alliance meeting, and he will inform the Board of the dates. He noted that Ms. Cyndi Stevenson is the Chair and a passionate advocate for the River.
REPORTS – COMMISSIONER conner – CHAIRMAN AND DISTRICT 3
neulife tour
Commr. Conner stated that he went back and toured NeuLife to gain a better understanding of the facility, and he would try to coordinate a meeting with local legislatures for the facility. He noted that NeuLife is trying to emulate a facility in Omaha, and they invited the Chamber and government officials to tour their facility.
service for sergeant john meeks
Commr. Conner mentioned that he and Mr. Jerry Smith, Lake County EMS Executive Director attended the funeral service for Sgt. John Meeks.
MPO meeting
Commr. Conner stated that he would not be attending the MPO meeting tomorrow due to a meeting with the Lynx president at 3:00 p.m. to attempt to resolve issues with the bus routes.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:21 a.m.
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jimmy conner, chairman
ATTEST:
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NEIL KELLY, CLERK