A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
March 25, 2014
The Lake County Board of County Commissioners met in regular session on Tuesday, March 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, Clerk.
Commissioner Conner remembered Pastor Tony Simmons, Chaplain at the Lake County Jail, who recently passed away.
INVOCATION and pledge
Pastor Randy Ford with Mount Whitney Baptist Church in Leesburg gave the Invocation and led the Pledge of Allegiance.
PRESENTATION OF PROCLAMATIONS
FLORIDA SURVEYORS AND MAPPERS WEEK
Commr. Campione presented Proclamation No. 2014-29 declaring March 16-22, 2014 as Florida Surveyors and Mappers Week.
LAKE LEGISLATIVE DAYS
Commr. Cadwell presented Proclamation No. 2014-28 in appreciation for the efforts of the Chamber Alliance of Lake County for organizing Lake Legislative Days 2014 in Tallahassee, Florida to Mark DuShane and Kelly Pisciotta with the Chamber Alliance.
presentation regarding synthetic substances
Mr. Brian Sheahan, Community Safety and Compliance Department Director, gave a presentation on synthetic drugs.
Sheriff Gary S. Borders spoke regarding the synthetic marijuana ordinance that they are attempting to get passed to get the drugs out of the stores in Lake County. He stated that the drugs are illegal if they meet specific elements and the manufacturers change small ingredients in the product to make it unenforceable. He noted that the ordinance would be important to protect the children.
Mr. Sheahan identified Sheriff’s Office staff that assisted with the ordinance, to include: Captain Todd English, Corporal Tom Willis, Mr. David Porter, General Counsel, and other detectives on staff, as well as Ms. Debi MacIntyre, Safe Climate Coalition. He discussed the purpose of the proposed ordinance to ban products that simulate the effects of cannabis and provide for enforcement for it. He noted that synthetic marijuana is usually packaged in eye-catching packaging, which would indicate that it is directed at children. He stated that unlike natural marijuana, all ingredients put into the synthetic product are not known, and the chemicals do not test positive for marijuana on a drug test. He explained that the packages are marketed as incense to burn as a fragrance, but some people smoke it as a drug to get a marijuana-like high. He discussed bath salts as a related issue, which came to light a few years ago. He noted that they are marketed as something that is put into your bath water, but they are being consumed to obtain a euphoric effect and are largely banned.
Mr. Sheahan noted that there were 705 calls to Poison Control Centers in 2011 related to synthetic marijuana, also known as “spice” or “K2,” and in 2012, there was a decline in call volume; however, the number of calls were still averaging over 332 calls per month. He stated that in 2011, there were 498 cases of people becoming ill on “spice” according to the Florida Poison Information Center, and there were 375 calls per month in the first 6 months of 2012, which is trending upward. He mentioned that the Attorney General is taking an interest in this, and the DEA took action to control five chemicals used to make K2 and similar substances in 2010, and the DEA banned three drugs found in bath salts in 2011. He noted that the U.S. Congress is considering further legislation, but efforts have been frustrated by constantly evolving formulas. He explained that the Florida Legislature has banned additional synthetic cannabinoids and stimulants in recent years, making possession of 3 grams or less of a listed substance a 1st degree misdemeanor, but it is still difficult to go after the drugs due to changing of chemical compositions on a regular basis. He related that an increasing number of Florida counties have adopted legislation to prohibit sale, manufacture, display, etc. of substances that mimic illegal controlled substances. He mentioned that Lake County Code does not address synthetic cannabinoids or bath salts at this time.
Mr. Sheahan explained that Electronic Cigarettes (E-cigarettes) are a new phenomenon and are usually shaped like a traditional cigarette or cigar, which simulates smoking. He described the device as generally having a small heating element that vaporizes a liquid solution, some of which contain a mixture of nicotine and flavorings, while others release a flavored vapor without nicotine. He specified that legislation is being considered at the state level to clarify their use as being limited to persons 18 years of age and older, as required by 569.11, F.S.
Captain Todd English and Corporal Tom Willis, Lake County Sheriff’s Office Special Investigations Unit, presented examples of the synthetic drugs and packaging to the Board. Corporal Willis stated that they field the complaints from parents and the community in regards to the sale of illegal substances and have received complaints regarding children purchasing the drugs. They have also had encounters with children while they are on the drugs and they see the effects. He described that there is a six month delay from when they identify the new substance in the chemicals, get it to Florida Department of Law Enforcement (FDLE), identify it as a new strand, to Florida Attorney General Pam Bondi’s office, and then get on the list as a banned substance. He noted that they believe the ordinance will help fill the gap that they have, so the drugs are not sold in stores and put in the hands of children.
Mr. Sheahan introduced Ms. Debi MacIntyre, Safe Climate Coalition, who stated that synthetic drugs are being marketed as a legal, safe and natural alternative to marijuana and cocaine and as a result of the misconception, they are being considered harmless by children and young adults. She described that Lake County high school and middle school students took a substance abuse survey in 2012, and the results stated that a majority of the substance users are male and that 5.8 percent of high school students have used or have tried to use drugs, which is higher than the State average of 4.3 percent. She explained that synthetic marijuana, “K2,” or “spice,” can result in extreme nervousness, hallucinations, and seizures; and with bath salts or synthetic cocaine, the result could be extreme paranoia, psychosis, and violent behavior. She noted that this drug makes it difficult for law enforcement to contain the drug users, even with the use of pepper spray or Tasers, which makes it dangerous for police officers and the community. She added that in November of 2013, the Chief Medical Examiner stated that synthetic drugs are the new way to die in Central Florida. She also provided an example of a man in Fort Lauderdale that was killed by police after exhibiting bizarre and aggressive behavior while being on bath salts. She pointed out that businesses are less likely to stay or move into areas where drug related risks are very high, and employees who abuse drugs are five times as likely to injure themselves or others while on the job and cause 40 percent of all industrial accidents and fatalities. She stated that the current overall cost of substance abuse in the U.S. exceeds $6 billion a year, with medical costs being 330 percent higher, which increases insurance rates and worker compensation rates. She mentioned the academic performance of children with the use of synthetic drugs, stating that they have long-term cognitive effects and cause impaired learning, short term memory loss, loss of motivation and loss of cognitive function.
Mr. Sheahan summarized that the definition of synthetic drugs, bath salts, and synthetic cannabinoid herbal incense should be adopted, and prohibitions may include the sale, display for sale, giving away, etc. of the substances, primarily at businesses such as convenience stores. He pointed out that a future ordinance would apply to municipalities unless they opt out. He explained that cases could be enforced as code enforcement cases through the special master process with deputies acting as code enforcement, complaints are expected to be generated by the Lake County Sheriff’s Office or other law enforcement that enter these stores, and there are no fiscal impacts anticipated as the ordinance is complaint driven and uses existing resources. He advised that the initial implementation would be an effort made to contact potential vendors and landlords in writing of the new code, and store and property owners could be held in violation after 30-60 days. He requested approval to advertise the proposed ordinance.
Commr. Cadwell questioned whether the violation would be on the property owner due to leasing.
Mr. Minkoff answered that the intent would be to notice the operator and the owner, in case they were different.
Commr. Parks commented that chemicals that were presented today are basically poisons that are being marketed to kids, and he thanked the Sheriff’s Office and Debi MacIntyre and her staff for their work on this project.
On a motion by Commr. Parks, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved to advertise regarding future regulation on the sale, distribution, advertisement for sale, and public display for sale of synthetic substances, which mimic illegal controlled substances, but have not yet been categorized as illegal controlled substances under federal or state law.
national public safety telecommunications week
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2014-34 proclaiming the week of April 13-19, 2014 as National Public Safety Telecommunications Week in Lake County, Florida.
child abuse prevention month
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2014-35 proclaiming April as Child Abuse Prevention Month.
Parents & children’s day and child care awareness month
On a motion by Commr. Sullivan, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved Proclamation 2014-36 proclaiming April 1, 2014 as Parents & Children’s Day in Lake County and April 2014 as Child Care Awareness Month in Lake County.
water conservation month
On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2014-37 proclaiming April 2014 as Water Conservation Month.
On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the BCC Minutes of January 28, 2014 (Regular Meeting) and February 25, 2014 (Regular Meeting).
citizen question and comment period
Mr. Vance Jochim, a resident of Tavares and writer of a blog about fiscal issues, fiscalrangers.com, spoke regarding the South Lake Sector Plan and an article in the Daily Commercial. He stated that the article used a number of buzz words like sprawl, lowest common denominator, low-density, scatter-shot development and other comments about anything other than having high-density homes in small areas for development in what is called “New Urbanism Development.” He noted that Martin County just rejected a massive program such as this, because they pointed out that a problem built into their plan is having high-density homes. He mentioned that Martin County had a land expert show pictures of property and design with narrow streets and limited parking where retail spaces were bars and entertainment areas. He pointed out that some of the larger retailers would not move there due to restrictions in parking spaces. He opined that the program is a property rights issue and a government developed solution, where it is not funded by property owners. He noted that there will be some property owners who will be left with conservation or agriculture land, and they would not be able to participate in any growth because of the way decisions are being made and that the Sector Plan should be rejected.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Parks 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.
Semi-Annual Investment Report
Request to acknowledge receipt of December 31, 2013 Semi-Annual Investment Report.
Notice of Annexation Ordinance from the City of Mount Dora
Request to acknowledge receipt from the City of Mount Dora for the Notice of 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, adopted on February 18, 2014.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 9 through 18, as follows:
Request from Community Services for approval to write off an outstanding balance of $6,518.68 that is owed to the County by Martin-Mency from the Transit Revenue Sharing Agreement which was terminated by the Board on June 26, 2012. The fiscal impact is $6,518.68 (Revenue loss).
Request from Community Services for approval and authorization for the Chairman to sign the FY 2013-2014 Community Development Block Grant (CDBG) agreement with the City of Tavares in an amount not to exceed $75,000.00 (CDBG Fund) for the Ingraham Park Project. The fiscal impact is $75,000.00 (Expense).
Community Safety and Compliance
Request from Community Safety and Compliance for approval of the satisfaction and release of the Code Enforcement Lien. The fiscal impact is $100.00 (Revenue).
Request from Community Safety and Compliance for approval of the satisfaction and release of the $2,500.00 Code Enforcement Lien. The fiscal impact is $2,500.00 (Revenue) received in FY 09/10.
Economic Development and Tourism
Request from Economic Development and Tourism for approval of up to, and not to exceed, $25,000 to Medical Ventures of America, for the creation of five (5) qualifying positions and approval and signature of the Business Expansion Program Agreement with Medical Ventures of America, PLLC and the Lake County Board of County Commissioners. The fiscal impact is $25,000 (Expense).
Fiscal and Administrative Services
Request from Fiscal and Administrative Services to declare the items on the attached lists surplus to County needs, and authorize the removal of all of the items on the attached list from the County’s official fixed asset inventory system records. The fiscal impact will be determined by any net proceeds from disposal.
Request from Public Resources for approval for the County Attorney’s office to provide written notice to the tenant residing at the residence located within the Ellis Acre Reserve of the County’s intent to terminate the lease agreement effective October 1, 2014.
Request for approval to make minor facility improvements within the proposed status quo budget for FY 14/15, not to exceed $15,000. The fiscal impact is $15,000 in FY 15. Commissioner District 5.
Request from Public Works for approval and signature of Resolution No. 2014-38 to advertise Public Hearing (William & Martha Polk) to vacate drainage easements in the Plat of Robbin’s Ridge (PB59, Pgs. 55-56) in the Groveland area. There is no fiscal impact. Commission District 3.
Request from Public Works for award of contract 14-0424, Roadside Mowing and Litter Removal to Groundtek of Central Florida, LLC (Ocoee, FL). The annual fiscal impact is estimated at $336,102.40 (Expenditure).
Request from Public Works for approval and execution of Resolution No. 2014-39 and Perpetual easement to Florida Department of Transportation (FDOT), for installation and maintenance of a stormwater pipe under Wesley Road (#5176), to connect Pond 100 and Pond 1A, in conjunction with the SR 44 Improvement Project (F.P. 409870-1). There is no fiscal impact. Commissioner District 4.
COUNTY ATTORNEy’s consent agenda
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tab 19, as follows:
Request from the County Attorney for approval of the Third Amendment to the Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources and authority for Chairman to execute any necessary closing documents.
Mr. Vance Jochim, a resident of Tavares, commented that this item has to do with land involving Clermont and an interlocal agreement where the County gave the City $2.5 million twice for developing parks. He noted that the big issue is this is the third amendment to ask the Board to approve accepting property with an Environmental Protection Agency (EPA) lien, which would be dangerous.
Mr. Sandy Minkoff, County Attorney, stated that the EPA lien has nothing to do with materials placed on the site, and the County has done environmental examinations of the property with a finding of no environmental issues. The EPA gave a grant to the City of Clermont to help develop their waste water system, so this does not affect a mortgage on the property, and there is no risk to Lake County because the mortgage could be paid in full with current funds. He mentioned that the City has requested that EPA allow the mortgage not to be repaid, and they are working through that process.
VACATION petition 1204
Mr. Jim Stivender, Public Works Director, displayed a map on the monitor of the plat regarding the Vacation Petition No. 1204 and recommended approval from the Board to vacate.
The Chairman opened the public hearing.
Mr. Vance Jochim, a resident of Tavares, stated that there does not seem to be an estimate of the value of the land, and he would like to know why they would not get compensation from the taxpayer for vacating a right-of-way.
Mr. Stivender answered that during swaps where they vacate and then dedicate, and state law requires that it would go to adjacent property owners if it is not a public purpose. He mentioned that the caveat is that they bought the adjacent property necessary from the property owner for CR 466-A prior to The Villages owning it.
Mr. Mikoff stated that they are prohibited from requiring compensation when someone comes in to ask for a vacation under state law. He pointed out that The Villages has worked closely with staff on this project, and they will be contributing substantially towards widening CR 466-A.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 1204 – The Villages of Lake-Sumter, Inc. to vacate and cease maintenance on a portion of county maintained Pined Ridge Dairy Road (#5603), in the Fruitland Park area. There is no fiscal impact. Commissioner District 5.
vacation petition 1205
Mr. Jim Stivender displayed a map on the monitor of the plat regarding the Vacation Petition No. 1205 and 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. Campione, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved Vacation Petition 1205 – Lake County, Gene Smith, Lennart Hoff – 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.
vacation petition 1179
Mr. Jim Stivender displayed a map on the monitor of the plat regarding Vacation Petition No. 1179and 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 unanimously by a 5-0 vote, the Board approved Vacation Petition 1179 – Lake County, Lake County School Board, The Villages of Lake Sumter, Inc. to vacate a portion of right of way along the old alignment of CR466A in the Fruitland Park area. There is no fiscal impact. Commission District 5.
vacation petition 1183
Mr. Jim Stivender displayed a map on the monitor of the plat regarding Vacation Petition No. 1183 and 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 unanimously by a 5-0 vote, the Board approved Vacation Petition 1183 – Lake County and Lake County School Board to vacate unnamed rights of way and lots in the Plat of C. L. Johnson’s addition to Altoona, in the Altoona area. There is no fiscal impact. Commission District 5.
Ms. Amye King, Director of Growth Management Department, stated that the rezoning cases have been advertised in accordance with the law, and all three agenda items were voted on by the Planning and Zoning Board with a 5-0 vote, with no one in the audience objecting. She requested that the Board allow moving all items to the consent agenda and approval.
Commr. Campione questioned the ordinance regarding Heathrow being a gated community and whether issues would be in the gated area.
Ms. King answered that the boundaries and densities are not changing.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding the Consent Agenda, 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 Consent Agenda:
REZONING CONSENT AGENDA
Ordinance No. 2014-13
Rural Support Corridor
Request to amend text amendment to increase the maximum impervious surface ratio (ISR) for Rural Support uses within Rural Support Corridors in the Rural Transition and Wekiva River Protection Area A-1-20 Sending Area Future Land Use Categories, to reflect an ISR consistent with other nonresidential uses allowed in these categories for Rural Support Corridors.
Ordinance No. 2014-14
Rural Support Intersection
Request to add a Rural Support Intersection at the intersection of CR 452 and Felkins Road, SW of Lake Yale and amend Policy I-126.96.36.199 to permit the proposed Rural Support Intersection.
Ordinance No. 2014-15
Heathrow Country Estates
Request to amend Planned Unit Development (PUD) Ordinance #2006-85, to change lot sizes and remove all non-applicable development conditions. All previous Ordinances will be replaced with a new Ordinance.
Mr. Heath announced that the new managers with the Growth Management Department were Mr. Shane Gerwig, Building Services Manager, and Mr. Chris Schmidt, Planning & Community Design Manager.
presentation by facilities & fleet management department
Mr. Kristian Swenson, Facilities and Fleet Management Director, gave a presentation regarding the Facilities update. He advised that Facilities administers construction and maintenance of County buildings, and there are four sections of the Department to include: Facilities Development & Management Administration; Facilities Maintenance, which performs in-house maintenance on all buildings; Energy Management, which builds the HVAC systems for all buildings; and Jail & Sheriff’s Facility Maintenance, which handles the maintenance of the buildings which are operated by the Sheriff’s Office. He noted that there are a total of 26 employees with the Facilities side of the Department. He showed a graph on the monitor of the five year history of the employee counts, with a decrease starting in 2010 of 43 employees, to 2014 with 26 employees. He described that due to the reduction of staffing, the department had to turn to outsourcing to retain a basic level of maintenance, to include: door opener and closure maintenance, HVAC and ice machine maintenance, painting, generator repair, landscape and irrigation maintenance, elevator maintenance, pest control, septic system maintenance, chiller and boiler maintenance, pressure washing, roof repair, fountain cleaning, furniture and office moving, custodial services, fire protection system maintenance, and roll up door maintenance. He explained the 2014 annual Facilities budget of $4.7 million with a breakdown of $1.5 million for personal services, $3.1 million for operating and $85,000 for Capital. He noted that the largest portion of the budget is $2.1 million in recurring expenses, such as electric, gas, water, insurance, garbage, phones and sewer. He mentioned that the Facilities customers are: citizens, all BCC Departments, Fifth Judicial Circuit Court of Florida, Lake County Clerk of Court, Lake County Health Department, Lake County Property Appraiser, Lake County Sheriff’s Office, Lake County Supervisor of Elections and Lake County Tax Collector.
Mr. Swenson described the assets that the County has regarding building stock, to include maintaining all 109 owned buildings, which equates to 1.8 million square feet; they maintain a total of 23 buildings with a total of 109,000 square feet and 18 radio towers with 7,000 square feet for a total of almost 2 million square feet. He noted that there are three buildings that make up over half of the square footage that is being maintained; the parking garage is 536,000 square feet, the courthouse is 289,580 square feet, and the jail is 294,750 square feet. He displayed on the monitor several slides that outlined the Downtown County Facilities, which buildings were new construction since 2009 and which buildings are from the 1990’s. He noted that 45 buildings are 20 years or older, eight buildings are 15-19 years old, 21 buildings are 11-14 years old and 35 buildings are 10 years or less in age.
Mr. Swenson discussed the challenges within the Department with a benchmark analysis by the International Facility Management Association (IFMA) in 2008-2009, which determined that local government should spend approximately $6.73 a square foot, and the Department spends roughly half of that amount. The IFMA also found that the Department should be funded an additional $4.9 million to adequately maintain and keep up with replacements of items. He also expressed other challenges outside of funding, to include life span of the buildings and obsolescence of the infrastructure that is within them. He displayed on the monitor several aging building components, to include three chillers that have a life span of 15-20 years, but are 24 years old; six boilers that have a 25 year life span and are 24 years old; building HVAC components have a life span of 15-20 years and are 19 years old; electronic HVAC controls have a 15 year life span and are 19 years old; kitchen equipment at the jail has a 15 year life span and are 22 years old; and laundry equipment at the jail has a 20 year life span and are 22 years old. He described the HVAC controls system, which is an electrical system that controls the communication and operation of the HVAC system and how much of the system is obsolete in the older buildings. He noted that parts are not available from the manufacturer, and the department had to turn to EBay to find parts for the systems.
Mr. Swenson stated that the Facilities Management Staff conducted an analysis of the challenges they have and results showed that building counts have increased, budgets and staff have decreased, and buildings have been aging. He noted that staff ascertained what the needs were in the buildings and they developed a $12.2 million backlog of needs, to include: HVAC systems, plumbing, electrical, fire protection, and all of the major components are on the list. He explained that they are in need of $4.9 million in additional funding to keep the backlog from increasing, with additional funding needed to address the backlog, such as sales tax, performance contracting, etc. He advised that the next steps for the department would be to bring a mid-year budget request to add an additional $500,000 to the Facilities budget to the BCC, increase the annual budget over status quo to submit for consideration, and will develop a long range funding plan for consideration by the BCC.
Commr. Parks commented that there is concern for the approach to obtain parts for the systems in general.
Mr. Swenson answered that with there being less of a need for items like circuit boards, it becomes harder to find these parts.
Commr. Sullivan questioned whether the needs were in a capital improvement program.
Mr. Swenson answered that they have taken the $12.2 million backlog and have put it in by years with a section of much larger items that will need to be addressed on the long term funding, so yes, there is an informal program, but they also have to come up with solutions on how to handle other items.
Commr. Sullivan stated that there needs to be a game plan to look at those numbers and be realistic with what the needs are for the County.
Commr. Campione requested an idea of what would be included in the $500,000 that would be in the mid-year budget request.
Mr. Swenson answered that it would be different items, such as hot water boilers at the jail, re-piping, appliances and a fire panel that is obsolete, to name a few.
Mr. Heath stated that they had several pages of necessities, but they were trying to prioritize the items that were needed right now. He noted that if there is a panel that goes down, the department is out of business, and there were other things like termite control that they do not have. He stated that they have to go back to revamp Facilities, and there is a large backlog to deal with.
Commr. Campoine stated that she would like to see the itemized list of what the needs are for the department, because it is important to see all of the items that are needed.
RECESS AND REASSEMBLY
The Chairman announced at 10:20 a.m. that there would be a 10 minute break.
information technology presentation
Mr. Steve Earls, Information Technology (IT) Department Director, gave a presentation regarding the County’s existing technology situation, the short term needs and long term plan. He described the functions of the IT Department as follows: Telecommunications, managed by Mr. Doug Woodyard, maintaining all in-house phones, faxes, alarms and cabling systems; Programming and Applications Support, managed by Mr. Erikk Ross, providing IPad support, streaming of Board meetings on internet, and maintenance of computer systems and databases used by IT customers; Geographic Information Services, managed by Ms. Sue Carroll, which maintains geographic analysis and mapping support; Information Systems, managed by Mr. Leon Platt, which maintains computer operations; Records Management provides records storage, retrieval and archive services; and Board Chambers Audiovisual System, provided by Mr. David Walker, for support of the needs of various groups that meet in the Chambers. He explained that the IT customers include BCC Departments of 610 users, Supervisor of Elections with 25 users, Property Appraiser with 50 users, Tax Collector, Lake-Sumter MPO, Sheriff, Lake EMS, County Libraries, Clerk of the Court, Health Department, and the citizens who are provided with the website and WI-FI connectivity in the County buildings. He explained that the IT budget for the year is $441,000 for technology operations and maintenance and does not include salaries. He noted that the IT Department, under direction of the County Manager, is tasked with the responsibility of overseeing the County’s technology investment and involves planning, acquiring, deploying and managing each technology asset until its “end of life” is reached and the asset is properly disposed.
Mr. Earls stated the technology assets for the IT Department are miles of copper and fiber optic cabling, above and below ground; 30 telephone systems installed throughout the County; Board Chambers AV control room; over 100 file servers; electronic data storage units; 109 network components; 450 desktop computers; and 325 laptop computers. He noted that technology constantly changes, requiring replacement of current assets with newer ones and there are key questions to ask to determine if assets need to be replaced, such as whether the asset has industry support, spare parts could be purchased, and technical assistance is available; are the maintenance costs increasing; can operational costs be lowered; and is user productivity acceptable. He explained that the County’s replacement standard is as follows: replace computer-based asset after six full years of use because industry support, maintenance cost, and productivity demand it; replace a phone systems asset when it is no longer supported by the industry or the asset becomes too costly to afford; and replace cabling and network components when the asset is no longer supported by the industry or maintenance costs dictate. He mentioned that after evaluation of the cabling and critical telecom sites, the campus network components in the downtown Tavares area are adequate and most are less than three years old; the campus cabling, copper and fiber networks are adequate; the courthouse and emergency operations center phone systems are new and should last for many years. He pointed out that 26 of the County’s 30 telephone systems have reached end-of-life and are no longer supported by the manufacturer, with 11 of the systems having limited industry support meaning the system is functional and support can be obtained by third parties, and the remaining 15 systems have no support and will need to be replaced upon failure.
Mr. Earls discussed the Board Chambers AV system being over 20 years old, with frequent problems and no industry support, with a risk of complete system failure and the inability to place the meetings on TV and internet. He expressed that over 73 percent of all file servers are over six years old, and recently a 10-year old web server had to be replaced by a six-year old server that is already three years out of warranty. He commented that many file servers will not run the latest Microsoft Windows software, and 35 percent of data storage resources are over six years old. He specified that when large data storage units fail, there will be no place to store files or to restore the backup data, and the old file servers and data storage resources have no industry support and are incompatible with new software, system failure is inevitable, and backups cannot be properly maintained. He reported that the County has 39 remote offices, including 24 fire stations, and replacement of old network components at 12 of the locations is required due to lack of industry support, to lower operational costs, and increase productivity. He explained that 59 percent or 264 of all desktop computers and 64 percent or 207 of all laptop computers are over six years old and they lack industry support, maintenance is costly, compatibility is an issue, security is at risk and system failure is eminent. He advised that after evaluating their assets, they determined an immediate need to replace critical file servers and power supplies, old data storage devices, network components for remote offices, and the Board Chambers AV system. He explained that for long term needs, the IT Department needs funding for six-year old assets each year and funding for the systematic replacement of end-of-life telephone systems. He stated that the plan to address immediate needs includes a mid-year budget adjustment of $200,000 for asset replacement, continuation of this funding for long term needs for subsequent years, and identification of additional funding for scheduled phone system replacement.
Mr. Heath stated that there are a lot of immediate needs that are essential for the system to function.
wekiva parkway presentation
Mr. Fred Schneider, Public Works Engineering Division, gave a presentation regarding an update on the progress of the Wekiva Parkway and impacts to local County roadways including renaming of roads.
Ms. Mary Brooks, Orlando-Orange County Expressway Authority (OOCEA), began with the Florida Department of Transportation (FDOT) presentation to explain that the Expressway Authority and FDOT are developing and building the Parkway, and the Florida’s Turnpike Enterprise will operate the FDOT’s portion once complete. She displayed a map on the monitor to show the need for a missing link, which is what the 25-mile Wekiva Parkway will accomplish, and she added that it will also relieve congestion on area roads and will be the first expressway in Central Florida to feature all electronic tolling. She explained that the Wekiva Parkway has been in planning for 30 years and the most important point was in 2012 when the Federal Highway Administration (FHWA) approved a PD&E study, FDOT line and grade was completed, and OOCEA sections started designs. She advised that the Wekiva Parkway features unique environmental considerations to help protect wildlife and other natural resources in the Wekiva River Basin. She stated that the agencies have diligently adhered to the 2004 Wekiva Parkway and Protection Act by setting aside more than 3,400 acres for conservation, having several wildlife bridges, and few interchanges to limit the amount of development in the environmentally sensitive areas. She explained that the project would have a significant impact on the economy in the area by bringing more than 35,000 jobs during design and construction. She displayed a map on the monitor to show that there will be 14 project sections and where they are with their designs, with a goal of having all designs completed on all traditional sections by late 2015.
Ms. Brooks discussed the Expressway Authority sections and the development of the Parkway to make sure it had a Parkway feel, noting that the OOCEA developed several concepts to make sure the bridges and other structures had a natural feel. She advised that they are also working on the Parkway feel by creating natural vegetative buffers and planning wider medians to allow more room for landscaping. She explained that the first section, Section 1A where the 429 currently ends at US 441, extending north to Ponkan Road, and Section 1B that picks up at Ponkan and continues north to include the Kelly Park Road access interchange are scheduled for construction in early 2015, to be open to traffic by late 2016. She stated that Section 2B will feature the systems interchange, where drivers will decide to go east towards east Lake and Seminole Counties or west and north towards Mount Dora and is slated for construction between 2017 and 2019. She added that other sections are scheduled to open in 2019 with a conservation parcel, including Section 2C which features a loop interchange at SR 46 east of Round Lake Road and is on track to open to traffic in late 2019. She mentioned that the retention ponds for the Parkway are designed to be more curvilinear or naturally shaped.
Mr. Alan Hyman, FDOT, discussed the Lake County portions of the FDOT sections on the Parkway, where Section 3A picks up from the Orange County Section at Roundtree Road and heads west towards Mount Dora, where there will be an interchange with a fly-over. Sections 4A and 4B are currently under construction and should be complete and open to traffic by the end of 2014 or early January, 2015. Section 5 is the CR 46A realignment west which is currently under design and goes from the interchange with SR 46 and relocates CR 46A westward to open up the state lands. Section 6 is the main line from the interchange heading east towards the Wekiva River and includes 7,700 feet of elevated roadway to provide wildlife crossings and includes the major bridge crossing of the Wekiva River. He stated that the Wekiva River is a wild and scenic national river, so they had to obtain permits from and have consultations with the National Parks Service and stakeholders to come up with a bridge idea that they would prefer. He advised that there will be three bridges, one for each direction of travel and the free local bridge on the south side, which will include the multi-use trail. He displayed several maps on the monitor to show the Wekiva River Bridge and the layout. He stated that the trail will have open railing for people to see south to the river. He noted that Sections 7A, 7B and 8 in Seminole County, which picks up east of the River and is currently under design, will continue east to I-4. He indicated that there is a web page, www.wekivaparkway.com, with information regarding community outreach, detailed plans, and meetings planned. He stated that there is a public meeting in Lake County on April 29 regarding Sections 5 and 6.
Commr. Campione questioned whether they heard anything back regarding the bridge plans.
Mr. Hyman stated that the National Parks Service and Dr. Duncan have so far agreed on what was shown for the bridge, but they are still having discussions on color and shapes.
Commr. Campione stated that she was glad to see that the south side of the trail would be open for people to see the river.
Commr. Cadwell thanked Ms. Mary Brooks for the outreach for this project and keeping everyone informed.
Commr. Campione commented that she has received concerns from residents in Summerbrooke off of SR 46 regarding the location of the widened SR 46 in relation to their neighborhood and their homes.
Mr. Hyman advised that they completed a noise study, and the criteria did not warrant a noise wall, but they have met with the homeowners and the HOA, and they are aware of the latest developments. He noted that they will look into a possible perimeter wall.
Mr. Tim Bailey, Sorrento resident, thanked everyone for their work regarding the Parkway and stated that every time the residents met with the Board about the project, there has been concern regarding the retention ponds looking natural. He noted that there is a 5-acre triangular piece of real estate on SR 46 for retention that is not very free form and natural looking, and he wanted to voice his concern regarding the retention ponds.
Mr. Schneider discussed the local road impacts during the project with an assessment to identify local road projects which may be necessary to serve changing traffic patterns accessing the Wekiva Parkway. He noted that the recommended transportation projects are the extension of Round Lake Road from Wolf Branch Road to SR 44 and realignment of CR 437 south with CR 437 north, and the projects are programmed for a PD&E study in 2016. He recapped that there were two resolutions passed by the BCC on February 25, 2014, which were 2014-20 to support the purchase of property on the Lake County side of the Wekiva River for the purposes of a passive park and 2014-21 requesting FDOT to further study the option of keeping the CR 435 ramps as permanent access to the Wekiva Parkway. He explained that when the Wekiva Parkway is completed, SR 46 through Sorrento and Mt. Plymouth will be transferred to Lake County and the CR 46A realignment will result in segments of road which are no longer part of the collector system, shortening of the bifurcated roads, and cul-de-sac’s created for local traffic only.
Mr. Schneider noted that the SR 46 transfer and the bifurcated roads will result in eight needed new road names that will have to be assigned, since SR 46 beginning at the interchange on the west side of Sorrento through to the new CR 46A will become a County Road rather than a State Road, and two roads that were part of the CR 46A alignment will become local roads or cul-de-sacs. He stated that renaming roads is a process involving the following issues: County Ordinance, 911 addressing, change of address for residents and businesses, personal and business costs and neighborhood sensitivity regarding road names. He noted that the strategy for renaming SR 46 is direct mailing, work with a CRA, community meeting, and online survey, while with neighborhood roads there will be direct mailing and small group meetings. He advised that the next steps would begin the process of contacting residents, report back to the BCC and obtain approval of resolutions for new road names, with everything complete by the end of 2014.
Commr. Campione stated a constituent business expressed concern about losing their exposure. She suggested that the road possibly be named after the business or obtain suggestions from the Audubon Society that focus on wildlife in the area and allow the community to get involved in the road naming.
Parks, recreation and trails advisory board
On a motion by Commr. Parks, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved appointment of the following members to the Parks, Recreation and Trails Advisory Board: Ms. Dawn McDonald, reappointed as Lake County School Board representative; Mayor Chris Bell, reappointed as League of Cities representative; Ms. Patricia Burgos, reappointed as Lake County Water Authority representative; and Mr. Mike Stone, reappointed as At-Large Member who is a resident of the unincorporated area of Lake County, to serve two-year terms ending 5/20/2016.
Library advisory board
On a motion by Commr. Sullivan, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved appointment of the following members to the Library Advisory Board: Mr. Ed Rowlett, as Mount Dora Chair, and Mr. Jules Turcsanyi, as Mount Dora Alternate Member, to serve four-year terms ending 2/28/2018.
Board of adjustment
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved appointment of Mr. Peter A. Caracciolo as the District 2 member to the Board of Adjustment, to complete an unexpired four-year term ending 1/31/2015.
human and children’s services
Commr. Cadwell stated that the grantees under Human and Children’s Services would like to give a presentation before the Board on what they do, which does not involve the grant or selection process that they are going through, and it will not be request for monetary funds.
Department of Juvenile justice
Commr. Cadwell noted that at the Friday Florida Association of Counties (FAC) Legislative Executive Committee they agreed to move forward with the initial FAC policy of a 50/50 split with language on the House and Senate side. He advised that the issue has been the backlog that is owed to the County and they do not want to jeopardize the language that is out there that would at least give some stability budget-wise with a 50/50 split with the State on the Juvenile Justice cost. He further explained that the backlog on the House side was going to be paid back to the County over 23 years, and the Medicaid issue would be paid back to them in five years. He mentioned that there was language on the Senate side that stated that the County would be paid back in 10 years, and he wanted to make sure that the Board agreed to these terms and to advise that they will be moving forward with some type of settlement.
Mr. Minkoff stated that they are taking positions at the lobbyist meetings consistent with the FAC position as well, and there is a Senate hearing later that day, March 25, at 2:00 P.M. to hear an amendment with the 10 year language.
Commr. Cadwell stated that he was receiving calls regarding the fairground policy regarding political candidates getting petition cards signed at the fair, and he explained that it was the Fair Board decision and that he met with Mr. C.E. “Happy” Norris, Fair Manager, about the situation. He advised that he wanted to ascertain whether the Board would like to take a position to ask the Fair Board to reconsider their policy in regards to petition cards.
Commr. Parks commented that as a candidate, he felt that there should be some approach or system in place for any candidate to be able to talk about their platform and get petition cards signed. He advised that if there is an issue with blocking foot traffic, then maybe it could be accommodated.
Mr. Minkoff stated that there is an annual contract with the Fair Board, and they could add language next year to the Fair Board policy which would require them to have some sort of area for First Amendment type of activities.
Commr. Conner commented that they would not be able to get anything accomplished for this year’s fair with it being so close.
Commr. Campione stated that she would favor having a location at the fair where candidates can exercise their First Amendment rights; however, it is up the Fair Board to make it happen and work on crowd control.
Mr. C. E. “Happy” Norris, Fair Manager, stated that they welcome any political candidate to have a booth at the fair, but they had to eliminate the card signing, because the candidates as a whole did not have the respect of the patrons and other exhibitors, and created an atmosphere that deterred individuals from coming into the building. He advised that they made a suggestion to allow card signing, but Patricia Sullivan with the Republican Party did not agree with their idea. He commented that they have made big strides and have been trying to make the building more patron and vendor friendly, but it is not working.
Commr. Sullivan inquired as to whether a candidate could still have a booth in the building.
Mr. Norris answered that they can have a booth, but they cannot be there for the sole purpose of getting cards signed.
Commr. Conner stated that they will not debate something that the Board does not have jurisdiction over this year, because the fair starts April 3, and it is not practical to discuss it now. He advised that next year they can make a decision and put it in the contract, but at this point they can only ask the Fair Board to accommodate the candidates who want to do cards.
Mr. Norris stated that they suggested placing a tent outside of the building but still inside of the fairgrounds property for candidates to have card signing. He noted that if they could guarantee the politicians would stay in their booths, they would accommodate them and allow them inside of the building, but just asking them to stay in the booths has not worked in the past.
Commr. Conner advised that they will address the contractual issues at a later date.
Boat dock ordinance
Commr. Cadwell stated that there was some language in the seawall ordinance that seemed to be a little intrusive to people and their property, and the change of language is for the seawalls and where they are allowed. He advised that the new proposed ordinance is less restrictive, and property owners will have a greater ability to build a seawall than they do now, plus it protects the lakes and rivers. He noted that he wanted to officially start the process with staff, if agreed upon by the Board.
Commr. Campione expressed that it is a great idea if it is something that would help the industry, add environmental protection, and give them greater flexibility, and she requested the old language of the proposed ordinance to make a comparison.
Commr. Cadwell clarified that he would like Board direction to allow staff to move forward and get it into the public hearing process so that it could come for approval to advertise.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved to have staff move forward with and advertise the proposed amended seawall ordinance.
Commr. Parks suggested that they have a presentation before the Board regarding seawalls.
mayor of leesburg
Commr. Conner recognized the Mayor of Leesburg, Pastor John Christian, and thanked him for attending today’s meeting.
reports – county manager
fy 15 budget
Mr. David Heath, County Manager, reported that in the past, there were requests from Commissioners that trickled in for the budget, so he asked that any member who has a specific request to give them to him in the next two weeks so that he may present them all at one time.
Commr. Parks updated the Board regarding the South Lake Regional Water Initiative and funding for the preliminary planning and engineering, which applications have made their way through the Senate with recommendation for full funding, and after talking with Representative Larry Metz, key members have been very supportive.
Mr. Heath clarified that funding would be $50,000 per agency, which would be in FY15 budget, and he will put it on the Agenda.
City of leesburg fire request
Mr. Heath reported that he spoke with Mr. Al Minner, Leesburg City Manager, regarding the status of the Leesburg Fire Department and the possibility of consolidating the City of Leesburg Fire Department with the Lake County Fire Department, and he requested that they put something in writing if they were serious about the consolidation. He noted that the letter was received containing a request made by the City of Leesburg, and the consolidation would be a good thing not only for being cost effective, but for efficiency and good service to the residents. He noted that there will be a number of issues that they will have to work through, such as costs, unions, pensions and FRS, and ISO ratings, and they have a lot of equipment at stations that they would have to figure out what to do with. He proposed that they put a team together to meet with City of Leesburg staff and then have a session with the Board to make sure they are aware of the direction they are heading with this.
Commr. Cadwell stated that he wanted everyone to understand that they did not seek out the agreement with Mascotte regarding their Fire Department and they received a very negative response from the citizens. Also, he pointed out that the County is not seeking out the City of Leesburg to take over their Fire Department, and does not wish to have the same response with Leesburg.
Commr. Parks commented that they should support the Fire Department and everyone should want them to be better trained and improved in their resources, but that it should not be confused with the County being approached by Mascotte and Leesburg regarding their Fire Departments.
Commr. Sullivan responded that this is a good idea; however, there is no simple solution because this will be a long term process due to the size of their Fire Department. He opined that maybe over time consolidation may be best for taxpayers, and he supports the idea of moving forward with the caveat that it will be a long term process.
Commr. Campione pointed out that she is reluctant to say anything because she does not want it misunderstood that they are actually interested in the consolidation, as a viable option, but on the other hand there is a city asking that they look into the consolidation and she wants to make sure they are careful not to expend extraordinary resources to get an answer from Leesburg.
Commr. Conner expressed his concern about how serious the City of Leesburg is about a viable consolidation, because the County has limited resources.
Commr. Cadwell stated that the hardest questions will be regarding the budget, the finances of the departments, and liabilities; and the County will be there if any of the Cities need help.
Commr. Parks emphasized that the County needs to look at the request because the City came to them with the request for fire department consolidation. He commented that city taxpayers are also county taxpayers, and anything that may achieve a savings without reducing a level of service for the County should be something that they welcome to look at.
Commr. Campione suggested that they start with a fire assessment so that the County can be responsive to the City and still be careful that they do not spend too much in resources.
Commr. Conner requested that the letter from the City of Leesburg be placed on the monitor for everyone to see, and he read it aloud.
Fire department closest response agreement with groveland
Mr. Heath advised that they are in the fourth week of the closest response agreement with the City of Groveland, and they are meeting with EMS dispatch on a weekly basis to look at call volume, as well as having a meeting last week with Mr. Willie Morgan, the Fire Chief of Groveland, and that is going well.
Mr. Heath stated that they had a meeting with Mr. Michael Quinn, Mount Dora City Manager, and Chief Stephen Kerkhof, Mount Dora Fire Chief, the day prior and they anticipate bringing something back to the Board in May or June.
Reports – commissioner parks – district 2
Commr. Parks thanked Chairman Conner for attending and speaking at the Economic Development Commission (EDC) meeting at the National Training Center.
Commr. Parks commented that the Sector Plan is something that the citizens are engaged in and do not feel as though their property rights have been violated.
reports – commissioner cadwell – district 5
Commr. Cadwell stated that they have interviews tomorrow, March 26, for the Health Department Director, and he will be attending.
Commr. Cadwell commented that Wednesday afternoon, March 26, the Water Authority will have their monthly meeting and will be giving a presentation on the USA Volleyball at Hickory Point.
Commr. Cadwell noted that he would be going to Tallahassee for a Florida Association of Counties (FAC) meeting.
umatilla city council meeting
Commr. Cadwell stated that he attended the Umatilla City Council meeting where they recognized the Umatilla Middle School Civic Club for their project regarding Sandhill Crane Crossing signs. He advised that the presentation was very well put together, as they identified a problem, a solution and identified what the outcome would be.
Mt. Plymouth sorrento historical society
Commr. Cadwell advised that he went to the Mt. Plymouth Sorrento Historical Society over the weekend to visit the new building.
east lake park
Commr. Cadwell stated that he also went to East Lake Park on Saturday, March 22, and there were so many people there that there was no place to park. He mentioned that all of the fields were being used, and it was great to see so many people in attendance.
Ms. Catherine Hanson, Sorrento resident, stated that there were 1,000 people at the East Lake Park opening, and several soccer parents met with her and requested assistance with restrooms and lighting at the park.
cops and kids day
Commr. Cadwell noted that the Lake County Sheriff’s Office had a Cops and Kids Day event at the Gator Harley-Davidson in Leesburg that he attended on March 22.
REPORTS – COMMISSIONER conner – CHAIRMAN AND DISTRICT 3
Annual quarterly meeting
Commr. Conner thanked Mr. John Moore and the National Training Center (NTC) for doing such a great job hosting the annual quarterly meeting that Lake County has.
james b. greene dinner
Commr. Conner mentioned that he would be out of state during the James B. Greene Awards dinner on April 3 and asked the other Commissioners to attend, if possible.
ceo of florida hospital waterman
Commr. Conner noted that Dr. Dan Boggus set up a meeting with the new CEO of Florida Hospital Waterman, Mr. David Ottati, and he spent some time talking with them.
city manager of leesburg
Commr. Conner stated that he met with Mr. Al Minner, City Manager of Leesburg.
Tavares city manager meeting
Commr. Conner mentioned that he and Mr. John Drury, Tavares City Manager, drove through the Lake Shore area and noted that the City got permission from the State to clean and drag the shore line.
Lake County Sheriff’s Office Volunteer dinner
Commr. Conner noted that he went to the Sheriff’s volunteer dinner last Friday night, March 21, and appreciated the Sheriff for recognizing the Commission.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:23 p.m.
jimmy conner, chairman
NEIL KELLY, CLERK