august 12, 2014

The Lake County Board of County Commissioners met in regular session on Tuesday, August 12, 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, Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan and Amy Knoll, Deputy Clerks.

INVOCATION and pledge

Dr. Milan Weerts from Woodlands Lutheran Church in Montverde gave the Invocation and led the Pledge of Allegiance.

Commr. Conner mentioned that Commr. Cadwell was interviewed on the television show “Central Florida Spotlight” regarding the Expressway Authority, and he commented that he did an outstanding job and represented Lake County well.  He added that he believes that Commr. Cadwell will be a consensus builder who could bring both sides together and had a lot of knowledge.  He also commented that Lake County has a great reputation in the region.

Agenda update

Mr. David Heath, County Manager, clarified that the appointment to the Affordable Housing Advisory Committee in Tab 25 would include the approval of a resolution as well.

employee awards

Ms. Christina Brandolini, Human Resource Manager, presented the awards to recognize the following employees’ years of service:

five years

Boyd Bruce – Regional Branch Manager

Public Resources/Library Services Division/Cooper LSCC Library


ten years

Morgan Cates – Assistant Area Maintenance Supervisor

Public Works/Road Operations Division/Maintenance Area I (Leesburg)


Magdalena Contreras Cordero – Graphic Artist II



Randy Shappard – Network Technician

Public Resources/Library Services Division

fifteen years

Anthony Deaton – Chief Probation Officer

Community Safety & Compliance/Probation Services Division

twenty years

Benson Hartle – Fire Lieutenant/EMT

Public Safety/Fire Rescue Division


Anna Perez – Office Associate III

Public Resources/Agricultural Education Services Division


Skip Nemecek – Chief Plans Examiner (18 years) (not present)

Growth Management/Building Services Division


Dennis Martino – Equipment Operator III (12 years) (not present)

Public Works/Road Operations Division/Maintenance Area I (Leesburg)

employee of the quarter – 3rd quarter fy 2014

Mr. Bill Veach, Deputy County Manager, presented the Employee of the Quarter award to Mr. Thomas Osebold, Veterans Services Officer, Community Services, commenting on the exceptional service Mr. Osebold has provided to Lake County’s veterans for the last 26 years, assisting them with a broad spectrum of issues, including $15 million worth of pension benefits and disability claims.  He thanked Mr. Osebold for his service to the veterans and Lake County.

Commr. Conner gave an example of an elderly couple who were helped by Mr. Osebold which turned their life around, and he commented that he appreciates Mr. Osebold and all their employees who help the citizens of Lake County.

supervisor of the quarter

Mr. Veach then presented the Supervisor of the Quarter award to Mr. Robert Chandler, Economic Development & Tourism Director, who he commented has done an outstanding job as the director of that department with a positive “can-do” attitude.  He added that Mr. Chandler oversees a hard-working team that incorporates knowledge, creativity, and commitment to fully utilize the many resources that Lake County has to offer.  He mentioned that recently Mr. Chandler spearheaded a new rebranding effort around the phrase “Real Florida, Real Close” as well as a tourism marketing plan that helped guide the County attract tourists to the area, which created a positive economic impact for local businesses. He thanked Mr. Chandler for the leadership he brought to his department and to the County team.

Commr. Conner commented that he has heard many positive comments about Mr. Chandler and that he represented the County well and helped to put Lake County on the map.


On a motion by Commr. Campione, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the Minutes of the BCC Meetings of June 24, 2014 (Regular Meeting) and July 8, 2014 (Regular Meeting) as presented.

citizen question and comment period

Mr. Leonard Wheeler, Advocate for the Disabled, expressed extreme concern regarding issues he believed were violations of the ADA (Americans with Disabilities Act) laws, such as a need for sidewalks on both sides of some local roadways.  He presented photographs on the overhead monitor of places he believed did not meet those requirements, including right of way on Kurt Street by Lake Tech, sidewalks on both sides of the street in front of the Public Works Department, and flooded bus stops.  He elaborated that many places in the county contain obstacles for the blind, people in wheelchairs, mothers pushing strollers, children, the elderly, and others who are walking to a location.  He offered to raise the money needed for those improvements.

Mr. Heath assured him that he would look into this.

Mr. Vance Jochim, a writer of a blog regarding fiscal and governmental issues, spoke against an 18-percent increase in the property taxes that were approved to be put on the TRIM notices, and he stated that it was disingenuous for the Board to approve such a large tax increase and scale it back later in order to look better.  He opined that he believes the Board should have raised the tax just enough to pay for salary increases and other needed expenses or used just the 4½ percent valuation increase to pay for those.  He expressed concern that property owners without homesteaded properties would get really large tax bills.  He also encouraged the Board to raise school impact fees when they discuss this agenda item later in the meeting, since he believed the schools needed them, especially after the County reduced and waived impact fees over the last several years, and he commented that impact fees are charged to those that create the need for more seats in the schools, which is growth-related.


On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, as follows:

List of Warrants

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.

Proof of Publication of Unclaimed Moneys

Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those non-court related moneys advertised less claims and publication costs.

Audit of Animal Services

Request to acknowledge receipt of BCC-119 Follow-up Review of Audit of Animal Services Licensure Function and BCC-120 Follow-up Review of Audit of Animal Services Kennel and Field Operations.

City of Fruitland Park Comprehensive Annual Financial Report

Request to acknowledge receipt of the City of Fruitland Park Comprehensive Annual Financial Report for the year ending September 30, 2013.

City of Minneola Resolutions

Request to acknowledge receipt of the City of Minneola Resolutions 2014-09 and 2014-11.

City of Clermont Comprehensive Annual Financial Report

Request to acknowledge receipt of the City of Clermont’s Comprehensive Annual Financial Report for the fiscal year ended September 30, 2013.


On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19 as follows:

Community Services

Request for approval and signature on the FY 2014-2015 Community Development Block Grant (CDBG) Proposed Projects and Annual Action Plan. The fiscal impact is $954,505.00 (Expense-Fully Grant Funded).

Request for approval and signature on the Updated Urban County Agreements for years 2015, 2016, and 2017. There is no fiscal impact.

Request for approval for the Eustis Housing Authority to roll over unexpended 2012-2013 Health & Human Services grant funds in the amount of $1,146.00 to utilize for FY 2013-2014 for their Utility Deposit Assistance program. There is no fiscal impact.

Request for approval of the transportation Coordination Agreement between the Lake County Board of County Commissioners and C.Y.B., Inc. (Count Your Blessings) for the provision of transportation service for the Agency for Persons with Disabilities (APD) clients and self-pay clients. There is no fiscal impact.

Request for approval of the Agreement between Mid Florida Community Services, Inc. and the Lake County Board of County Commissioners for transportation services to the four meal sites operated in Lake County. The fiscal impact is $247,867.00 (Expense - County Portion: $120,377.00 / Mid Florida: $127,490.00).

Community Safety and Compliance

Request for approval of distribution of Byrne Grant funds among local jurisdictions applying for funding; approval for submission of application for the Lake County Sheriff Department for "Interrogation Enhancement Initiative;” and approval of Chairman to sign grant documents including letters of support, application, certificate of acceptance, EEO certifications and subsequent grant documents.  The grant funding will be appropriated as part of the Sheriff's 2014-2015 Budget. There is no fiscal impact.

County Attorney

Request for approval of Resolution No. 2014-95 Confirming the Establishment of Branch Offices of the Tax Collector, Property Appraiser, Clerk, Sheriff and Supervisor of Elections of Lake County, Florida.

Request for approval and execution of the Settlement Agreement in Lake County vs. Cindy and Clinton Dobbs.   There is no fiscal impact.

Growth Management

Request for approval to advertise public hearing for amendment to Section 22-11, Lake County Code, regarding Prepayment of Impact Fees. There is no fiscal impact.

Public Works

Request for approval of contract 14-0028 for construction engineering and inspection (CEI) services, materials testing and post-design engineering services for N. Hancock Road to Tierra, Inc.  The fiscal impact is $640,420.00 (Expenditure.) Commission District 1.

Request for approval and signature on Resolution No. 2014-96 authorizing the reduction of the speed limit from 45 MPH to 35 MPH on CR 44 (6143) from approximately 75’ east of Fort Mason Drive, east to CR 452 in the Eustis area, Commission District 4.  Section 34, Township 18, Range 26.  There is no fiscal impact.

Request for approval of attached Budget Transfer (BUA 2014-11.2) to amend Mosquito Control State Funds Amendment #1 in order to purchase more chemicals for adulticiding.  Funds in the amount of $2,033 are being moved from travel & training to chemicals.

Request for approval to piggy-back the competitively competed and awarded contract (No. C14-0155) that the City of Orlando has with Safety Products, Inc. (Eaton Park, FL) to provide various safety supplies on an as-required basis.  The fiscal impact is $20,000.00 (Expenditure) Annual Estimate.

Request for authorization to accept a maintenance bond in the amount of $32,245.30, execute a Contractor's Agreement for Maintenance of Improvements between Lake County and Allstate Paving, Inc., and execute Change Order #1.  There is no fiscal impact.

Request for authorization to accept a performance bond in the amount of $86,295.00 and execute a Developer’s Agreement for Construction of Sidewalk Improvements between Lake County and DR Horton, Inc.  Citrus Highlands Phase II consists of 82 lots and is located off US 27 in the Four Corners area in Section 23, Township 24 South, Range 26 East.  Commission District 1.   There is no fiscal impact.

Request for authorization for the Chairman to execute change order #5 to the Alfred Street One Way Pair Project No. 2013-07, Bid No. 13-0038, to DeWitt Excavating, Inc.  Change order #5 is for various storm system modifications due to conflicts with existing utilities owned by the City of Tavares, conflicts with an existing conduit system, and the discovery of unknown piping during the course of work.  The total estimated cost of this work is $22,473.00, $13,569.00 of which is the County’s responsibility and is to be funded by the Road Impact Fee Benefit District 2 Fund.  The remaining $8,904.00 is the City of Tavares’ responsibility and is to be funded by the Road Impact Fee Benefit District 2 Fund and reimbursed by the City of Tavares.  With approval of this change order, twenty-eight (28) days will be added to the contract completion time.   The fiscal impact is $22,473.00 ($13,569.00 to be funded by the County and $8,904.00 to be reimbursed by the City of Tavares).  Commission District 3.

Public Safety

Request for approval and execution of Interlocal Agreement between Lake County and Florida Hospital Waterman for County-wide Communication System.  The fiscal impact is $1,776.00 annually (Revenue).

public hearings

adoption of ordinance regarding arts and cultural alliance

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:


Mr. Minkoff explained that this ordinance would allow the city appointees to reside outside the city limits from where they are appointed.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this ordinance, the Chairman closed the public hearing.

Commr. Sullivan elaborated that this was to clean up the original ordinance to allow the city representatives to live outside the city limits, which will result in more representation for the County.

On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the adoption and execution of Ordinance No. 2014-50 amending Section 2-90.37(a), Lake County Code, regarding membership of the Lake County Arts and Cultural Alliance. There is no fiscal impact.

road impact fee transportation construction program

Mr. Jim Stivender, Public Works Director, explained that they would discuss their entire road program and the road system in general, including the road inventory, special assessments, non-county maintained roads, and the overall funded and unfunded five-year program.

Ms. Lori Conway, Road Operations Division Manager, reported that they had approximately 1,392 miles of roadway in 2013, including 1,244 miles of asphalt roads, 119.6 miles of clay roads, 25 miles of double surface treated roadway, and about 2 miles of concrete or brick road; and the Road Operations Division received 3,042 requests for maintenance type issues in 2013, including pothole repair, drainage concerns, road grading, and tree trimming, with over 88 percent becoming work orders that staff fulfilled.  She explained that they conduct a visual inspection and evaluation annually of their asphalt roads using the PASER (Pavement and Surface Evaluation Rating) System from the University of Wisconsin-Madison, which rates on a scale of 1 to 10, with 10 being a road in excellent condition and newly resurfaced or constructed, 5 being a fair rating indicating the beginning of signs of aging and a need for strengthening, and 1 being a failed road in need of reconstruction.  She related that the rating determines the priority ranking for the type of surface improvement according to the budgeted funds, with roads with a rating level of 6 considered for micro-surfacing and roads with a rating of 4 considered for resurfacing with one-inch of asphalt.  She displayed some photographs on the overhead monitor of roads that would illustrate what the ratings would look like and a graph showing the road miles by rating, noting that 55 percent of their roads were in a 7-10 rating category and that 45 percent were in a 4-6 category in FY 2013.  She specified that they had 223 miles of level 6-rated roads, and the cost to improve them would be $41,685 per mile for a total cost of over $9 million; however, there is only $300,000 budgeted for those roads.  She added that there were 289 level 5-rated roads needing over $22 million worth of work, but they have no money budgeted for those improvements; and they have 37 miles of Level 4 roads to resurface at a total cost of $3.2 million, but their FY 2015 budget allows an allocation of $2.5 million of sales tax money for those improvements.  She also mentioned that they have no funds available to pave the 120 miles of clay roads, which would cost a total of $63 million.  She summarized that there were a total of 669 miles of roadway to improve needing $98 million to make those improvements, but they have only $2.8 million budgeted.  She related that staff analysis has shown that 45 percent of County-maintained roads are in the area of critical concern and have a rating of 6 or below without sufficient funding to address improvements, and more deterioration would increase the cost to maintain and repair those roads.  She specified that delaying $1 of renovation costs today escalates to become $2.45 in two years and $6.43 in four years.

Ms. Conway explained that the special assessment program is a neighborhood-generated program usually started by a representative from that neighborhood who contacts County staff about improving a non-County maintained road.  She related that 50 feet of minimum public right of way is necessary, and they prepare an estimated cost to pave the road and petitions that are generated throughout the neighborhood for signature.  She stated that staff will prepare an agenda item for the Board’s approval to advertise for bids and identify a funding source once they receive supporting petitions from 55 percent of the property owners owning 55 percent of the front footage, and property owners have 30 days after construction to pay the full assessment with no interest.  She explained that the unpaid balances are placed on the tax bill as a non ad valorem assessment with an interest rate not to exceed two percent over prime and payable in annual installments for a period not to exceed 10 years.  She listed some of the current or upcoming special assessment projects, such as Firethorn Road in Eustis, Granville Avenue in Clermont, and Colley Drive in Tavares.  She noted that the County pays 33 percent of the cost of paving local roads and 50 percent of the cost of collector roads, and gas tax and infrastructure sales tax revenue has historically been used to fund those expenditures.  She pointed out, however, that no additional special assessment projects could be currently funded without competing with other budgeted Public Works projects.  She noted that it was estimated that there are 1,926 non-County maintained roads in unincorporated Lake County, with less than half with sufficient right of way, and those which have sufficient right of way and are deemed impassable for emergency vehicles are made passable by Public Works.  She displayed photographs illustrating problems on non-County maintained roads, including washouts, sand, overgrowth, and holes that collect water, and she showed a chart of expenditures on these roads for emergency access, including $70,347 in 2013 and a total of $360,000 over the last four years using gas tax as the funding source.  She mentioned that the challenges to maintain these roads include a lack of sufficient right of way and little support of the projects.

Mr. Stivender remarked that the area has received enough rainfall to keep the clay and non-maintained County roads from getting too dry, which has kept the cost down this year.

Commr. Cadwell pointed out that the cost of the improvements will increase quickly if they wait to make those, and once a road is rated a 6, it will deteriorate quickly into a 4.

Commr. Parks added that the weather will also affect the rate of deterioration of those roads.

Commr. Campione clarified that the percentages of ratings of the roads were constant from year to year, with about 45 percent of the roads needing some level of repair, and there was not a huge dramatic change since last year in those percentages.

Mr. Stivender listed the transportation funding sources, including the gas tax, renewal sales tax, road impact fees, grants, and funding partnerships, and he presented a graph showing how much of those funding sources they have received since 2008.  He reported that a total of $819,911 has been collected in impact fees in the county as of July 10, 2014 for this year, noting that most of that has been from South Lake.  He related that they have been able to make progress in moving forward with the CR 466A project with a lot of juggling of several funding sources and should start construction soon on that project.  He stated that they entered into an agreement with the Villages in June for impact fee credits on Phase II of CR 466A at an estimated cost of over $7 million.  He also mentioned that the FDOT has provided TRIP money to help fund Phase I by US 27, and they plan to bid that phase in early 2015, provided that right of way acquisition moves smoothly; also, the Florida Legislature has appropriated $1 million for this project.  He reported that the North Hancock Road project entailed agreements between several parties, including FDOT, Lake County, the City of Minneola CRA, and Family Dynamics.  He added that the Turnpike is moving forward with their design build on the mainline connection; the County is responsible for construction on Hancock Road from CR 50 north to the Turnpike Interchange; and Family Dynamics is building a two-lane road from the interchange north to CR 561A.  He elaborated that the Minneola CRA will reimburse the Turnpike for $15 million to help fund the interchange. He listed some projects that were underway, such as the South Lake Trail Phase II, Alfred Street, CR 445 widening and resurfacing, and CR 466A Phase IIA (The Villages).

Mr. Stivender gave a summary of the grant work that they have moving forward which totals over $10 million, such as the CR 466A Phase I and II, CR 466A (Picciola Road), Abrams Road sidewalk, Citrus Grove Road connecting US 27 to the Turnpike interchange, and the Thomas Avenue sidewalk, and he mentioned that there were two other grants that the County had applied for through the Safety Grants for the Back to School Program to get sidewalks near schools.  He also listed projects that will be funded by road impact fees and the infrastructure sales tax from 2015 to 2019.  He mentioned that he met with the cities to discuss where the impact fees will be best utilized in and around their areas, and he also noted that they would be spending a portion of their sales tax to retrofit the existing sidewalks, emphasizing that this is not a new program.  He commented that their funding is currently very tight for 2015, with no room for additional projects, and he pointed out that some of the projects are spread over a two-year period.  He also noted that there were no projects on the 2018 or 2019 list yet, because the renewal has not yet taken effect.  He requested that the Board approve the program he has outlined.

The Chairman opened the public hearing.

Mr. Leonard Wheeler, former State of Florida Engineer, requested that new school sidewalks to Eustis Heights Elementary and Faith Lutheran Church be constructed.  In addition, he stated he would inquire about getting federal funding for those two projects as there are 1800 of the lowest income houses in this county in that area, and he also mentioned that there are community block grants available.  

Commr. Connor stated that they would take this under advisement.

Commr. Campione agreed to get the projects done if the funding was available.

Mr. Lawrence Brooks, a resident of Eustis, inquired as to the basis of the rates and how they were originated.

Commr. Connor stated that he would get the answer for him.

There being no one else who wished to address the Board regarding this issue, the Chairman closed the public hearing.

Commr. Parks mentioned that sidewalks are an important issue, and a plan that includes a map showing the safest routes to schools as well as a table as they do for roads with a schedule showing how the projects on the sidewalks would be met up to 10 years would be helpful. He proposed that a table be drawn up that shows both funded and unfunded sidewalk projects and how long it would take to accomplish the plan.

Mr. Stivender explained that the MPO has a list of the safe routes to school which they have assessed to identify projects that can be accomplished.  He remarked that they have applied for grants for two projects, which were the Eustis Middle School area and Treadway Elementary, and these were chosen because there is existing right of way available for those projects. He also related that there are no clay roads on this funded program, adding that there has not been enough funding to be able to put a program together.

Commr. Campione noted, in response to the clay road issue, that there are a lot of different districts with varying millage rates in Orange County, and she inquired whether a special taxing district could be done that would not be as burdensome as a special assessment but have an ongoing funding source in a particular area to tackle the roads that continue to be a burden on the rest of the system. She also recommended adding another priority list addressing the ADA (Americans with Disabilities Act) issues of the sidewalks in places where there are a lot of traffic, pedestrians and ADA residents.  She inquired as to the benefit of retrofitting sidewalks in certain areas versus others and opined that they would be better off shifting funds to higher-priority areas.

Mr. Stivender explained that the biggest challenge regarding retrofits is that they only do the retrofits where there are trip hazards that have been identified associative of ADA.  He also pointed out that they are also following a state guideline when they are resurfacing, and they make the approach meet ADA standards if a sidewalk is present.

Commr. Sullivan remarked that there should be a way to coordinate funding of those projects to combine the Safe Schools and ADA requirements, and he stated there is federal and state funding to help these issues.  He commented that if both issues could be addressed at the same time, it would be the better return for dollars spent.  He also recommended looking at the prioritization of the clay roads in South Lake County because of growth and reported that there is a request from the City of Leesburg regarding changes at the west end of Main Street.  He remarked it might be a good idea financially in the long term to fix this road and let the City of Leesburg take over the maintenance of it, reducing the cost to the County.

Commr. Parks inquired as to whether there is a master plan for the sidewalks.

Mr. Stivender responded that they have identified the worst case scenarios and what it would take to retrofit all of them, estimating the cost to be in the $30 million dollar range.  He noted that they have cross-referenced that list to the MPO list and identified areas to move forward on immediately with the grants.

Commr. Parks inquired if this included lesser priority sidewalks which would be more justified seven or eight years down the road.

Mr. Fred Schneider responded that they have coordinated with the School Board and Back-To-School Safety Study to compile a top 10 list, with three of those submitted to the MPO for federal funding.  He commented they were focusing on those and retrofitting to eliminate trip hazards identified by the public and ADA plan.  He added that the “missing” sidewalks in many cases are within cities and towns that require them to coordinate between agencies. 

Commr. Parks commented that the special district idea was a great idea, and members in the CFAC meetings he has attended would be in agreement with that idea as they make recommendations regarding setting up special districts.

Mr. Heath, County Manager, commented that Orange County had a bond issue for roads which was backed by the seventh cent and then the local option when that was exhausted.  He elaborated that they also did not let anyone else open up any other clay or dirt roads. 

Commr. Campione commented that identifying sidewalks that are a high priority and coordinating those with the cities would be a very good way to get public support behind the penny sales tax. 

Commr. Cadwell commented that if there was any question as to why the Griffin View Drive project was a sales tax project and on the list for a long time on hold, it was because originally there had been some impact fee dollars left over from the development, but those funds had been spent on other projects in that area. He added that the Orange Avenue project has School Board, state, Board, and Storm Water participation and has been leveraged.  He commented it was classified as a collector road and is an integral part between the high school and middle school, adding that the project would not work if the Board did not do their part.

Mr. Stivender replied that they have an agreement with the City to get grant money and make it work.  He further explained that microsurfacing seals a road and is a less expensive process, but still gets a rating to the same level as if it had been resurfaced, adding that because the road has not deteriorated as much, not as much has to be spent to restore it.

Commr. Campione stated that since Commr. Michael Holland from the City of Eustis was present, she would like to ask about Kurt Street.  She commented that the City of Eustis had wanted the Board to do everything in the repair process of the road, but that the Board was only willing to resurface it.  She asked if there had been any progress in working something out with the City.

Mr. Stivender replied that a meeting was set for Friday, August 15, with the City of Eustis, and they were offering milling and resurfacing with a 50-50 match with the City.  He stated that the challenge would be that something would have to come off the table or be delayed.

Commr. Cadwell commented that the new entrance to Eustis Heights Elementary School would add to the problem.

Mr. Stivender stated that there was concern that it was not on the funded program and related that he would come back to the Board and bring the issue forward if there was an agreement with the City.

On a motion by Commr. Parks, seconded by Sullivan and carried unanimously by a vote of 5-0, the Board approved the FY2015-2019 Road Impact Fee Transportation Construction Program and approval of the FY2015-2019 Transportation Construction Program that includes funding from Federal/State Grants and Renewal Sales Tax Capital Projects – Public Works/Roads. The fiscal impact for FY 2015 is $15,136,000.00 Estimate (Expenditure).

recess and reassembly

The Chairman announced at 10:20 a.m. that there would be a 20-minute recess.


Ms. Dottie Keedy, Director of Community Services, explained that the purpose of the presentation was to present the 2014 Lake Sumter Transit Development Plan (TDP) Annual Update and to update the Board on the status of Lynx Route 204.  

Mr. Michael Woods, Senior Planner with the MPO, explained that the Transit Development Plan Annual Update is a required planning exercise for Lake County Public Transportation by Florida Administrative Code 1473.01 and is due to FDOT (Florida Department of Transportation) on September 1st of each year, after which it is reviewed, approved, and sent to FTA by the end of December.  He related there are seven sections that have to be addressed in each year’s annual update, noting that the first is the past year’s accomplishments, noting that the 19th shelter had been installed.  He reported that there had been a 48 percent increase in ridership during the Leesburg Bikefest and also pointed out there was another successful Stuff-the-Bus campaign with 4500 pounds of food.  He stated that they had finished the ITS installation on all the fixed route service, including automatic passenger counters, automatic vehicle locators, automatic annunciation systems, and camera and security systems in each bus.  He noted the buses can be tracked in real time on the dispatch monitor.  He also mentioned the paratransit fleet ITS upgrades were completed, which becomes important with some new Medicaid contracts with the HMO brokers, because some of the service standards have increased.  He reported that LakeXpress ridership was down a little bit from 2013 levels.

Mr. Woods explained that the TDP has a 10-year implementation plan, and part of the annual update would include adherence to the plan or discrepancies in the plan.  He noted they looked into restructuring routes 1, 2 and 3 in 2014 and possibly implementing the Golden Triangle Circulator, which would be a combination of routes 1 and 3.  He reported that they were able to increase access to Palmetto Plaza in Eustis and reverse Route 3.  He noted that staff wanted to change the name of the new proposed route on State Road 50 from “Route 5” to “Route 50,” because they would like to save Routes 5, 6, 7 and 8 for future implementations in North Lake.  He mentioned that staff was also recommending moving the implementation of the State Road 50 spine service from 2015 to 2016 in the 10-year plan.  He stated that they are not anticipating any new service in 2024.  He related that a major update would be done in 2018 to the TDP.  He noted that the financial plan was also revised, and the first change was moving the operation and maintenance of the previously-mentioned State Road 50 route from 2015 to 2016, which is anticipated to be a two-bus service costing about $555,000 a year in operation and maintenance.  He stated another change is that Sumter County has indicated they are going to cancel the Villages Shuttle Service as of October 1, 2014, and the 5307 funds allocated for that route will be moved back into Lake County revenues, which amounts to $1.5 million over 10 years.  He explained that Medicaid transportation is the largest single trip provider in the system, and Medicaid transportation funding is a big part of the local match to draw down the FTA 5307 dollars.  He reported year-to-date Medicaid transportation is down about 36 percent over last year, mostly due to the fact that Lake County currently has a contract with two of the three Medicaid transportation providers in their area; however, they hoped to sign a contract with the third one within the next month.

Commr. Parks commented that he wanted to be very clear on the operational costs to the County on Route 5 or 50, requesting a tabulation such as a spreadsheet including what the cities in South Lake have agreed to contractually to help fund the route. He noted a concern of the federal money running out, how much operationally the County would be responsible for, and whether that cost will be shared amongst the cities, which would factor into his decision.

Ms. Dottie Keedy indicated that they would accommodate his request.

Commr. Campione inquired whether they are seeing a trend in maintaining the Medicaid transportation trips and whether or not the third contract with LogistiCare was being negotiated.

Mr. Woods responded that although trips were down 36 percent over this time last year, since they only have 2 of the 3 contracts of the providers in their local area, they are working on the LogistiCare contract, which would help them recover that loss.

Commr. Sullivan noted that this was a successful story considering how little time the federal government allowed for implementation of the program. He also commented that there would be a budget shortfall in public transportation due to the reduction of those Medicaid trips.

Ms. Keedy explained that Route 204 is an express bus service from the Clermont Park-N-Ride to downtown Orlando which began in 2006 and recapped that the Board directed staff to make modification to the service agreement with LYNX for Route 204 during the FY 13/14 budget discussions which called for fewer buses per day and 100 percent increase in fares for riders.  She related that the reduced service began in January at an annual cost of $75,162, which was funded with their 5307 grant funding, and the current agreement ends September 30.  She added that the ridership trends were reviewed as part of a staff analysis before and after the reduction of service and displayed a chart comparing the first six months of this year and last year illustrating a substantial reduction in passenger trips, specifying that in June of 2013 there were 2,663 trips as compared to 494 trips in June of this year.  She added that the staff also observed boardings at the Clermont Park-N-Ride for three days in March, which revealed that there were approximately 15 to 17 riders per day using the service, and data from LYNX indicated that there was an average of 14 riders per day utilizing it.  She summarized that there were about 68 riders per day in 2013 which cost the County $206 per rider per month or $2,476 per rider annually, but that subsidy has since risen to $447 per rider per month or $5,366 annually.  She opined that the reasons for the decline in ridership may have been due to the delay in service between the contract periods, the increase in fares to the riders, and the reduction in service from five to two buses per day.  She also believed that many of the previous riders began using vanpools during the period between contracts.  She concluded that the County subsidy per rider has increased despite the increased bus fares for riders.  She pointed out, however, that there were a number of steps the County needed to do in order to discontinue the service, and the first step was to give LYNX a 120-day notice of their intention to discontinue the service agreement.  She elaborated that LYNX would then hold a public meeting regarding the end of the service and inform the County of the last day of scheduled service.  She related that staff is recommending that they discontinue the service agreement for Route 204.

Commr. Parks commented that he understood the situation they are in with Route 204 and the fact that the numbers have declined because of the reduced service; however, he believes it is positive that a lot of people are using vanpools.  He asked whether an express service between Clermont and Orlando would be planned for the future.

Ms. Keedy responded that they were planning a connection between LakeXpress and LYNX just over the Orange County line and also mentioned that they could increase the service level to attract more riders to Route 204.

Mr. T. J. Fish, Executive Director of the Lake-Sumter MPO, added that the Route 204 riders have other options, but the MPO will ask for future support in South Lake for the SR 50 service for riders that do not have any other transportation options.  He stated that since the Route 204 service is no longer working well, they need to focus on the fixed route service, which is the foundation for public transportation.

Commr. Cadwell commented that he believed a large number of those Route 204 riders were Orange County School Board employees who have converted to the vanpool program and are satisfied with that service.  He opined that the SR 50 service is needed more than the 204 service for riders to get to work, medical offices, and stores, and they need to free up funding for that instead and to stop spending money on 204.  He added that he believes the ridership on Route 50 will be even more than what was projected.

Commr. Campione commented that she agreed with Commr. Cadwell and Mr. Fish that they need to focus on the riders that desperately need and rely on the service, and she opined that the subsidy of $5,300 annually per rider is not justifiable.  She also commented that the purpose of public transit is to address the true needs of the residents, and they need to put their priorities in the right place.

Commr. Conner commented that the price per rider for Route 204 is outrageous and very cost ineffective, and he thanked the staff for doing a good job on this.

On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved to transmit the 2014 Annual Update to the Lake-Sumter Transit Development Plan to the Florida Department of Transportation; notify LYNX of the termination of the LYNX Route 204 Service Agreement; and to work with LYNX Route 204 riders to arrange vanpool service.

growth management

presentation regarding low impact development

Ms. Amye King, Growth Management Department, introduced Dr. Pierce Jones, who was the Extension Program Leader for the Energy Programs with the University of Florida, and explained that Dr. Jones leads the development and delivery of education programs and products related to energy and resource-efficient community development with emphasis on housing.  She elaborated that these programs and products include targeted continuing education courses for licensed builders, architects, engineers, landscape architects, interior designers, and others covering areas such as energy efficiency, water quality and conservation, termite control and prevention, resource-efficient landscaping, and indoor air quality.  She mentioned that she had toured one of the subdivisions that incorporated all of these aspects of low-impact development, and it was a pleasure to see everything work and come together.

Dr. Jones stated that he would discuss quantifying impacts and why low-impact development concepts could be more effectively integrated into County operations.  He pointed out that there has been quite a fluctuation in single-housing family construction over the last few years and displayed a chart showing that 155,000 permits were pulled statewide for single-family detached homes in 2003, which peaked in 2005 to 208,000, dropped in 2009 to 27,000, and has rebounded in 2013 to 56,000.  He asked how they would deal with development projects as they come forward currently as opposed to what they were doing in 2005.  He showed an example of the Oakland Park development and went through the steps of development, including plans, clearing land, contouring the land for stormwater purposes, putting infrastructure in place, and opening phase one; and he commented that there are questions about the impacts these projects are having statewide on water and energy resources, transportation, roads, and infrastructure.  He noted that there were a lot of projects and developments in Lake County that were well-meaning but have gone through some major troubles.  He discussed a restoration project in Volusia County in the City of Edgewater with a 5,200-acre master plan which went through a five-year permitting process and was originally intended as a residential community with 5,200 dwelling units, but the final entitlement created a mixed-use transit-oriented community with 3.5 million square feet of commercial space.  He displayed the original design showing the development sprawled on both sides of Interstate 95 among extensive wetlands on the west side, raising questions about whether the project was really necessary and resulting in some resistance to overbuilding.  He related that the developer, who paid a large price for the land, was concerned about not getting their entitlements, which caused them to consider a new idea, and he displayed the new design on the overhead.  He pointed out that the new design was substantially different than the original and left about 3,200 acres in full conservation on the west side of the project, with still the same number of dwelling units, although the golf course which was in the previous design had been eliminated.  He elaborated that there was a lot of multi-story buildings, and two of the major north-south boulevards had been eliminated and replaced with one major six-lane boulevard through the middle of the project with a trolley line.  He explained that the original conventional suburban design that has been widely used in Florida was replaced with an alternative design which was a much more compact urban sort of design, which also resulted in almost half the roadway miles, a reduced cost of $145 million less, and substantial energy savings.  He added that as a result of the more compact design change, the total daily miles traveled for the people in the community dropped from 600,000 to 350,000 miles per day and the gallons of gasoline use for those residents dropped from about 30,000 to 17,000 gallons per day.  He also noted that the developer agreed to put in a trolley system spanning the distance between two I-95 exits with trolley stops within walking distance from any home in the community.

Dr. Jones related that he is working with a large landholder in Florida on a process called “Envision Alachua,” including a look at water supply for a project involving about 10,000 dwelling units and about 18 million square feet of commercial manufacturing space, and he noted that the public asked for an emphasis on decreased water demand in that community by 50 percent or more from what is currently conventional.  He reported that they had studied what the conventional usage was and the average daily consumption of various types of dwelling units, and he specified that consumption was approximately 530 gallons per day per house in Turnberry Lake in Alachua County.  He displayed a graph illustrating that single-family detached homes with irrigation systems in a Gainesville development were using on average 358 gallons per day, the homes without irrigation systems were using 190 gallons, apartments were using 116 gallons, and condo units were using 94 gallons per day.  He commented that the Plum Creek subdivision submitted their sector plan requirements to Alachua County which is intended to reduce their water usage by 50 percent by requiring that residential lots shall not be irrigated with potable water, reclaimed water, or wells, as well as establish a water ethic for their community that would reduce water consumption by 50 percent or more, which he believes would be successful.  He listed some better practices that he sees happening around the state, including greater density, retention of natural areas, energy-efficient vertical development, mixed use community design, and reduced investment in new infrastructure such as roads.  He recommended that the Board look at opportunities for developers to do something new and innovative, which reduces their cost as well as being a benefit to the community in general.

Commr. Parks commented that he liked the sector plan language about water consumption.

Dr. Jones mentioned that he has worked with other county governments to help them with planning processes, but they also work with developers to find practical solutions that also could be done profitably to ensure that they are motivated to replicate those ideas.

Commr. Campione stated that she hoped that Groveland could work with County staff to share some of this information and commented that these are the types of things they would like to see especially in some of the large developments.  She added that the Sector Plan is an area that would benefit from these ideas, and she loved the idea of the trolley system.  She opined that it could be a huge benefit to tie transit from the Sector Plan into the Orlando area or within the employment centers within the Sector Plan.

Commr. Sullivan commented that this was a great concept and pointed out that water will be the issue that most affects their continued growth in Florida.  He added that he believed they could incorporate some of these ideas into their development regulations as they move forward.

Commr. Conner stated that he was especially interested in the impact on the roads, and he commented that the presentation was very informative and comprehensive.

other business

appointments to arts and cultural alliance

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the appointment of Tom Carrino as representative of the City of Eustis to complete an unexpired two-year term ending July 31, 2015 and reappointment of Amy Painter as representative of the City of Leesburg to serve a two-year term ending July 31, 2016 to the Arts and Cultural Alliance, as well as approval of Ordinance No. 2014-51.

appointment to affordable housing advisory committee

On a motion Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the appointment of Audrey Williams to the Affordable Housing Advisory Committee as a representative of a resident that is a concerned citizen for affordable housing to complete an unexpired two-year term ending November 30, 2015 and Resolution No. 2014-97.

appointment to library advisory board

On a motion Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the appointment Catherine C. Hanson to the Library Advisory Board as a District 4 representative to complete an unexpired term and serve a consecutive four-year term ending February 28, 2019.

appointment to lake ems board of directors

Commr. Cadwell requested to postpone the appointment of the Hospital Board member so that he could have a chance to talk to all of the candidates for that position.

On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board reappointed the following members to the Lake EMS Board of Directors:  Keith Mullins, Councilmember, City of Clermont to serve a two-year term ending February 1, 2015; Chris Bell, Mayor of City of Fruitland Park, to serve a two-year term ending February 1, 2015; and Michael Holland, Commissioner, City of Eustis to serve a two-year term ending February 1, 2016.

discussion of school impact fees

Commr. Conner stated that the Board usually asks their CFAC to review the types of requests or recommendations that the Board has received from the School Board for reinstatement of impact fees, and he recommended that they follow the same protocol as they had in the past.

Commr. Campione commented that she believed that was a prudent thing to do, and she recommended additional topics of discussion for the CFAC, including realistic alternatives to fund growth.  She opined that impact fees could negatively affect the economy and expressed concern about the punitive nature of the amount of the full recommended impact fee.  She mentioned that she would be discussing with a committee more about tightening up concurrency service areas as a mechanism to actually designate areas where they know they do not have sufficient school facilities and forcing those developers to immediately negotiate ways to get that school built.  She opined that the school district is also interested in those concepts as well as other innovative concepts such as the developer building the school and leasing it back to the school district.

Commr. Conner pointed out that the developers would still need to find ways to ensure sufficient school facilities under the existing concurrency requirements.

Commr. Campione clarified that she was referring to tweaking the existing agreement in the concurrency service areas so that they more directly relate to the deficiencies in those particular regions.  She specified that the Sector Plan is an area where they know there would need to be a mechanism in place to fund schools, and if a concurrency service area was drawn around the sector plan and they were not allowed to go outside of that sector plan to bring capacity in, it would force the developers in the sector plan to work with the School District to get that school built.  She also recommended that the CFAC look at special taxing districts for DRI’s or large developments.  She commented that she believes it is important that they come up with immediate solutions without killing the economy.

Commr. Conner asked Mr. Minkoff whether they asked for a letter from the Attorney General about whether they could implement school impact fees at different levels in one section of the county than another.

Mr. Minkoff replied that he believes that Mr. Steve Johnson, School Board Attorney, made that request to the Attorney General.

Commr. Campione added that the Attorney General stated that they could do that as long as they do not violate the constitution, which she opined was not a real answer, and she suggested that they hire a consultant that would help them put together that concept, consider putting it in place, and putting the funds from that district into an escrow fund and not using it until it was tested if it was challenged.

Commr. Conner stated that he agrees with a lot of Commr. Campione’s comments, but he noted that they have been looking at alternatives for a long time.  He pointed out that there was a disparity between South Lake and everywhere else regarding the amount of growth, and he recommended looking into doing something different in that area, since it seemed counterproductive to charge a higher impact fee in a low-growth area as well as in a high-growth area.   He indicated that he does not want the impact fees to affect the amount of growth or job creation that they have already seen recently.

Mr. Minkoff opined that it would be very difficult to find a study to justify implementing different levels of impact fees from a legal perspective, and they would probably have to wait for about four years until the legal challenges are done, which would not fit into a 12-month timeframe that they requested.

Commr. Campione replied that four years is a small amount of time when they were looking at long-range planning for school construction, and she opined that capital spending was not per student spending as was anticipated by the Constitution.  She suggested that they put that money in escrow for four years while they are waiting for an opinion, and she opined that a critical part of the equation would be for the School Board to build schools for up to 25 percent less money, including value engineering the prototypes that are being used such as online classrooms.

Commr. Conner commented that every new school built when he was on the School Board was under the state average per square foot, and they value engineered every project.  He opined that he does not think a 25-percent savings was in the realm of possibility.

Commr. Campione stated that they should do everything possible to ensure they get the best value they could get on new school construction.

Commr. Sullivan stated that he agrees with that, and he noted that it added substantially to the cost to build a school where there are no existing water or sewer services.  He recapped that he believes they had discussed reviewing impact fees again in one-year increments, and he thought the impact fees had gone into effect in January.

Commr. Cadwell commented that he believes that having different levels of impact fees for different parts of the county would be going in the wrong direction, and he pointed out that the capital and buildings were part of student spending.  He also expressed discomfort about challenging the Constitution in order to be able to do that.  However, he agreed that they should tweak the existing concurrency agreements to ensure that the schools will be built where the growth occurs without affecting the rest of the system, which he believed will also give some relief to the smaller home builders, and he added that concurrency is a much easier vehicle than impact fees.

Commr. Campione stated that she believes a consultant could help the School Board set up a system for concurrency that was ironclad.

Commr. Cadwell added that he assumed the School Board is doing their job to build the least expensive but quality schools.

Commr. Campione responded that they are obligated to get that level of assurance, and she suggested that they look into studying the amount of impact fee their economy could bear.

Mr. Harry Fix, Director of Planning, Lake County Schools, commented that he believes the School Board is frugal but has built some of the best schools for those dollars.  He pointed out that maintenance costs and the life cycle of a building are also taken into account.

Commr. Parks added that the CFAC might ask whether the impact fees could be phased in over three years.

There was consensus of the Board to request that the CFAC look into other alternatives to the impact fees that could realistically be done in the next 12 to 24 months.

reports – county attorney

certification for assistant county attorney

Mr. Minkoff reported that Ms. Erin Hartigan, Assistant County Attorney, passed her certification exam last week and is now a certified Florida lawyer in city, county, and local government.

Commr. Campione commented that that was an impressive achievement.

reports – commissioner sullivan – district 1

beacon college to celebrate 25th anniversary

Commr. Sullivan related that Beacon College in downtown Leesburg is celebrating their 25th anniversary, and there will be recognition of that in the future in the form of a resolution or program.

reports – commissioner parks – vice-chairman and district 2

community meeting in clermont

Commr. Parks thanked staff and Commr. Sullivan for attending the August 6 community meeting in Clermont regarding the Lakeshore Drive future land use amendment and zoning application.  He elaborated that there were about 250 attendees, and he commented that staff did a great job.  He also suggested that the Board read the minutes to that meeting.

Commr. Campione noted that she had intended to be present at that meeting but could not attend due to unforeseen circumstances.  She assured him that she would listen to the audio of the meeting.

national night out at waterfront park in clermont

Commr. Parks thanked those who participated in the National Night Out at Waterfront Park in Clermont and mentioned that Sheriff Gary Borders and other police and fire agencies from South Lake were present and did an excellent job.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:15 p.m.



jimmy conner, chairman