A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 16, 2014
The Lake County Board of County Commissioners met in regular session on Tuesday, December 16, 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 Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Bishop Juan Rivera of the Better Life Worship Center in Clermont gave the Invocation and led the Pledge of Allegiance.
There were no updates to the Agenda.
Capital Facilities Advisory Committee
Alan Winslow, for service from 2010-2014 (not present)
Parks, Recreation and Trails Advisory Board
Geoffry A. Rose, for service from 2013-2014 (not present)
Planning & Zoning Board
Ted DeWitt, for service from 2011-2014 (not present)
Tourist Development Council
Robert Wolfe, Mayor, for service from 2012-2014 (not present)
John D. Brandeburg, for service from 2012-2014 (not present)
Commr. Conner related that Mr. John Brandeburg, who passed away unexpectedly a few months ago, was greatly involved in their community. He added that several of Mr. Brandeburg’s recent correspondences with him talked about bringing their community together, and he mentioned that he started a founder’s club in Lake County and was also involved in the Leesburg Lightning. He presented a certificate and a plague to Mrs. Rosanne Brandeburg in memory and appreciation for Mr. Brandeburg’s commitment and contributions to the Tourist Development Council, the Leesburg Lightning organization, and the entire Lake County community.
Ms. Christina Brandolini, Human Resource Manager, stated that they would also like to recognize their employees for their years of service, and presented the following awards:
John Bennett – Firefighter/Paramedic (not present)
Public Safety/Fire Rescue Division
Stephanie Glass – Teen Court Specialist
Community Safety & Compliance/Probation Services Division/Teen Court
Denis Dietz – Traffic Operations Supervisor
Public Works/Engineering Division/Traffic Operations
Jeff Johnson – Roads Superintendent
Public Works/Road Operations Division
Andrea Adams – Office Associate V (not present)
Public Safety/Fire Rescue Division
Roger Minger – Fire Lieutenant/Paramedic (not present)
Public Safety/Fire Rescue Division
Lavonia Drayton – Day Custodian (not present)
Facilities & Fleet Management/Facilities Management
25 YEARS (Presented by Chief John Jolliff)
Michael Bass – Fire Lieutenant/Paramedic
Public Safety/Fire Rescue Division
26 YEARS (Presented by Chief John Jolliff)
Edward Genter – Fire Lieutenant/EMT
Public Safety/Fire Rescue Division
Mr. Bill Veach, Deputy County Manager, presented the following Employee of the Quarter, Supervisor of the Quarter, TEAM of the Quarter, Annual Excellence in Service, and Annual Process Improvement Awards:
EMPLOYEE OF THE QUARTER – 4TH QUARTER FY 2014
Adam Bourne – GIS Administrator
SUPERVISOR OF THE QUARTER - 4TH QUARTER FY 2014
Jessica Jorge – Code Enforcement Supervisor
Community Safety & Compliance
T.E.A.M. OF THE QUARTER - 4TH QUARTER FY 2014
Wings & Wildflowers Festival
(Economic Development & Tourism, Communications, Parks and Trails, Library Services)
annual excellence in service – 2014
Paul Simmons – Economic Development & Tourism Coordinator
annual process improvement – 2014
Elizabeth Heine – Internet Applications Developer
Commr. Sullivan commented that the Board greatly appreciates everything that the County staff does.
Commr. Campione stated that she appreciates all of the hard work that the staff puts in and that she is proud of Lake County. She mentioned that they would talk about a program that day to clean up Lake County by picking up the trash along the highways and roads of the county. She encouraged everyone to takes pictures and let Public Works know about any places they see a littering problem in the county.
Commr. Parks stated that he is very proud of this organization.
Commr. Conner commented that he believed the relationship between the Board and their employees is solid, noting that the most successful businesses are those that treat their employees right and do not have a high turnover rate. He related that he appreciated their employees, who make the Commissioners’ jobs easier by their professionalism and the way they perform their duties. He congratulated those that received awards.
On a motion by Commr. Campione, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved the Minutes for the BCC Meeting of November 18, 2014 (Regular Meeting) as presented.
citizen question and comment period
No one wished to address the Board at this time.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 4, 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.
Property Placed on Lands Available List
Request to acknowledge receipt of Property Placed on the Lands Available List. Lake County has until February 5, 2015 to purchase property from the Lands Available List before it is available to the public.
Arlington Ridge CDD Amended 2013/2014 Budget
Request to acknowledge receipt of the Amended Fiscal Year 2013/2014 budget approved by the Board of Supervisors of the Arlington Ridge Community Development District. Transmittal of the Amended Budget is being made for purposes of disclosure and information, in accordance with the requirement set forth in Section 190.008(b), Florida Statutes and posting on the website of Lake County (at least 30 days after adoption) pursuant to F.S. Section 189.418(4).
St. Johns River Water Management District’s 2015-16 Cost Share Funding
Request to acknowledge receipt of St. Johns River Water Management District Cost-Share Funding – FY 2015-2016. They will be accepting applications from January 5 to March 13, 2015, for cost-share funding for water conservation and construction projects. The District will host public workshops (as listed) to describe the application process, program requirements and answer any questions.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Parks asked to pull Tab 12 for a separate vote, since he has a conflict regarding that matter.
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 21, pulling Tab 12, as follows:
Request for approval of Proclamation No. 2014-148 proclaiming January 2015 as Human Trafficking Awareness Month, per Commissioner Parks.
Request for approval of the Martin Luther King, Jr. Proclamation No. 2014-147, per Commissioner Conner.
Request for approval of annual grant funding for six organizations who have submitted applications for Fiscal Year 2014-2015 County funds through the Human Services Grant Request for Proposal process; authorization for signatures on subsequent agreements; and authorization to encumber and expend funds. The fiscal impact is $47,500.00 (Expense).
Request for approval of the FY 2013-2014 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program. There is no fiscal impact.
Request for approval to award contract 15-0205 for provision of transitional housing in the South Lake area to New Beginnings of Lake County, Inc. (Clermont, FL). The fiscal impact is $98,428, which is fully grant-funded.
Request for approval of the Incentive Review Recommendations of the Affordable Housing Advisory Committee. There is no fiscal impact.
Request for approval to apply to the Florida Department of Transportation (FDOT) under the Section 5310 Capital Grant Program to purchase paratransit vehicles for use under the Transportation Disadvantaged Program (Lake County Connection for Fiscal Year 2015-2016). Also, approval of the supporting Resolution No. 2014-149, acceptance, and implementation of the grant award, and the procurement of the vehicles under the State's bid list through the Transit Research Inspection Procurement Services (TRIPS) program. The fiscal impact is $729,030.00 (County Portion: $72,903.00 - Expense / Grant Funding: $656,127.00 - Revenue).
Request for approval to submit the Florida Department of Transportation (FDOT) Section 5311 grant application to fund the Transportation Disadvantaged Program in the Fiscal Year 2015-2016 budget. Also, approval of the supporting Resolution No. 2014-150, the acceptance and implementation of the grant award. The fiscal impact is $934,710.00 (County Portion: $467,355.00 - Expense / Grant Funded: $467,355.00 – Revenue).
Request for approval to apply to the Florida Department of Transportation (FDOT) under the Section 5339 Bus and Bus Facilities Grant Program to purchase paratransit, supervisors, and support vehicles, to improve the parking lot at the transit office, to install bus stops and engine rebuilds upon grant award. Also requested is the approval of the supporting Resolution No. 2014-151, acceptance, and implementation of the grant award, and the procurement of the vehicles under the State's bid list through the Transit Research Inspection Procurement Services Program (TRIP) and other approved contracts for vehicle procurement. The fiscal impact is $688,549.00 (County Portion: $0 / Grant Funding: $688,549 - Revenue).
Request for approval as permitted by Section 112.313(12), Florida Statutes, of a waiver of potential ethical conflicts under Section 112.313(3) and (7), Florida Statutes, for the following appointed advisory board members:
Affordable Housing Advisory Committee:
Greg Beliveau (LPG Urban & Regional Planners, Inc.)
Carl Ludecke (Charlie Johnson Builders, Inc.)
Steve Smith (New Beginnings of Lake County, Inc.)
Ken Thomas (City of Leesburg)
Children’s Services Council:
Mike Matulia (Lake-Sumter State College)
B.E. Thompson (LifeStream Behavioral Center, Inc.)
Tourist Development Council:
Bud Beucher (Mission Inn Resorts, Inc.)
Ray Goodgame (City of Clermont)
Jim Gunderson (Lakeside Inn Corporation)
Dr. Kasey Kesselring (Montverde Academy, Inc.)
Thomas L. Warriner (Grand Oaks LLC)
Request for approval to release the Mortgage executed by Brittany Jones on June 13, 2008, and recorded at O.R. Book 3641, Page 0152, upon receipt of the $2,000 payment. The fiscal impact is as follows: The original loan amount was $35,000; recovery will be $2,000. Commission District 4.
Fiscal and Administrative Services
Request for approval of direct pay (check request) for computers for the office of State Attorney. The fiscal impact is $47,817.90.
Request for approval of First Amendment to CenturyLink Agreement for 2013 E911 State Grant Program and CenturyLink Service Agreement supporting the new equipment. 1) Approve and authorize County Manager and County Attorney to sign finalized Amendment extending the Terms to June 2015; 2) approve and authorize County Manager and County Attorney to sign finalized Service Agreement to provide maintenance and on-going support of the E911 equipment for 36 months; and 3) authorize Procurement to sign and process any subsequent related contracts, grant documents, purchase orders, or other implementing actions as needed to support equipment. The funds are budgeted in the Fiscal Year 2014-2015 Proposed Budget. The fiscal impact is $108,777.41 annually and $326,332.23 over 36 month term. (Expense).
Request for approval of Amendment to Interlocal Agreement between Lake County and the City of Eustis for the Provision of Security at the Lake County Fairgrounds to approve the per hour rate for security services provided by City of Eustis police officers from $25.00 to $35.00. There is no fiscal impact. Commission District 4.
Request for approval to award contract 15-0406 for landscape maintenance and related services at Green Mountain Scenic Overlook and Ferndale Preserve to MBA Services and Solutions (Groveland, FL) and authorize Procurement Services to execute all supporting documentation. The annual fiscal impact is estimated at $43,275 (Expenditure).
Request for approval and signature on Resolution No. 2014-152 authorizing the reduction of the speed limit from 30 MPH to 25 MPH on Prestwick Avenue (4090) and Pine Valley Drive (4088A) in the Mt. Plymouth-Sorrento area, Commission District 4. Section 32, Township 19, Range 28. There is no fiscal impact.
Request for approval of the Interlocal Agreement between Lake County and City of Leesburg to Transfer Jurisdiction of a Portion of Main Street from US-27 to 9th Street. The estimated fiscal impact is $103,000.00 to be expended from Renewal Sales Tax Capital Projects - Public Works, Resurfacing (Expense). Commission District 3.
Request for approval to establish a blanket purchase order (BPO) to Covanta Lake II, Inc. (Spring Hill, FL) for the disposal of miscellaneous municipal waste materials not suitable for disposal in a raw waste landfill and authorize Procurement Services to execute all supporting documentation. The annual fiscal impact is estimated to be between $25,000 and $30,000 (Expenditure).
Commr. Parks declared that he had a conflict with Tab 12, since he had a relationship with one of the organizations that would be receiving some funding from that program.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried by a vote of 4-0, with Commr. Parks abstaining, the Board approved the request from Community Services for approval of annual grant funding for 13 organizations who have submitted applications for Fiscal Year 2014-2015 County funds through the Children's Services Council Grant Request for Proposal (RFP) process; authorization for signatures on subsequent agreements; and authorization to encumber and expend funds. The fiscal impact is $150,761.00 (Expense).
presentation by community legal services of mid florida
Ms. Dottie Keedy, Community Services Director, introduced Mr. Winton Williams, the fair housing advocate for Community Legal Services of Mid Florida, who was responsible for the education of government officials and the general public of fair housing law and protected classes nationally and locally and monitoring of advertising and compliance with fair housing laws, among many other duties.
Mr. Williams started with a quote from the Kerner Report regarding the cause of civil disturbance from 1965-67 which stated, “Our nation is moving toward two societies, one black and one white, separate and unequal,” and he related that out of that report came the Fair Housing Act, which he noted was signed seven days after the assassination of Dr. Martin Luther King, Jr. He specified that the report listed twelve initial grievances, including inadequate housing, since housing issues before 1968 and even into today’s timeframe have been continuous, and affordability and lack of housing continues to affect a lot of their citizens and constituents. He explained that Community Legal Services is a nonprofit corporation that serves 12 counties, including Citrus, Flagler, Hernando, Marion, Lake, Sumter, Volusia, and Brevard, and free legal assistance is available to residents of those counties. He added that they also have a legal help line and assist people who are preparing their own documents and who do not qualify for their free services. He stated that their programs include consumer law, education, elder law, health, housing, public benefits, taxes, and family law.
Mr. Williams related that the Fair Housing Act refers to laws and regulations that make it illegal to discriminate in any activity that relates to the sale or rental of housing, and they ensure that all of their citizens are aware through education and outreach of how they are protected by the Fair Housing Act. He specified that the protected classes under this act are color, familial status, disability, national origin, race, religion, and sex, but individual counties can add extra protections, such as ones for sexual orientation. He elaborated that the Fair Housing Act covers renting, buying, advertising, financing, mortgaging, planning and zoning, and homeowner’s and rental insurance, as well as harassment and intimidation in the course of business when dealing with housing, and he mentioned that there were half a million Florida citizens who were eligible for their services. He pointed out that they were the enforcement arm for HUD (United States Department of Housing and Urban Development) and were 100 percent funded through HUD. He related that they also do testing of housing providers to ensure that people are being treated fairly with no differential treatment. He commented that homelessness is a large major issue in Central Florida, with dozens of homeless students currently in the school system, but he noted that Lake County does a lot in regards to homelessness, although he requested that they keep those facts in mind when they make decisions regarding planning and zoning and those that affect the community and to continue to push affirmatively for fair housing.
ordinance dissolving plaza collina cdd
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR APPROVAL OF THE DISSOLUTION OF THE PLAZA COLLINA COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES; PROVIDING FOR RELIANCE UPON REPRESENTATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCE 2008-26; PROVIDING FOR BOARD INTENTION; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff explained that a Community Development District (CDD) is a financing mechanism that a developer could use for a project, and they intended to use this mechanism originally when Plaza Collina was planned, but since they no longer do plan to use it, they requested that it be dissolved.
The Chairman opened the public hearing.
Mr. Roy Van White, representing the Plaza Collina CDD, mentioned that he was there to answer any questions.
Commr. Parks asked what the plans were for Plaza Collina, since there must be big changes to the plan if they abandon the CDD which was put in place to pay for infrastructure improvements. He commented that it was a large site.
Mr. Minkoff responded that he believed there was a notice of proposed change pending that would be coming in front of the Board through the Growth Management Department in the near future, and they are asking to change the DRI (Development of Regional Impact) that was previously approved.
Commr. Parks suggested that that could be the time to decide on whether to dissolve the CDD so that they could see what the change is going to be.
Mr. Van White noted that he is an attorney who represents the district itself and not the land owner regarding the land owner’s use or change of the property. He related that he set up this district in 2007 with the intent to fund public infrastructure using bonds, and he pointed out that there have been a number of problems with commercial districts. He elaborated that they were trying to clear up and remove this as a financing mechanism for future sale, but he was not a party to what the plans were for the property. He stated he had no problem with changing this until after the land use hearing.
Commr. Conner asked the County Manager for some alternatives.
Mr. David Heath, County Manager, commented that the Board could continue this until after the land use hearing if desired, but he pointed out that this was a separate issue from the land use plan and was just the funding or financing package. He explained that a mixed use development could be done without a CDD.
Commr. Campione asked if anyone has looked at the obligations the landowner has and to what extent this was the required mechanism as opposed to the landowner being obligated by any mechanism he chooses.
Mr. Minkoff responded that he did not believe that the DRI required the use of the CDD, and they made sure that the district had no unfulfilled obligations before they brought this before the Board. He assured the Board that this would not impact any of the improvements that would be required based upon the Board’s approval.
Commr. Campione clarified that any obligations that are already in place regarding the land use remain intact regardless of whether the CDD is dissolved.
Mr. Minkoff noted that this would not affect the DRI or any of the land use issues at all.
Commr. Parks reiterated that he would rather hear the two issues at the same time.
Commr. Conner asked if there were any objections to honoring Commr. Parks’ request to hear this at a later time.
Commr. Campione asked who would bear the cost of advertising.
Mr. Minkoff answered that the County paid the cost to advertise it.
Commr. Sullivan commented that this was part of the process, and the CDD is just a financing mechanism before they change the land use.
Mr. Van White reiterated that this is just the financing mechanism and something that needs to be cleared up in order for the lands to be transferred to whoever will be purchasing them, and he pointed out that the CDD is not going to be issuing any bonds. He stated that this is just another layer that they would like to remove so that this project can move forward.
Commr. Cadwell expressed a problem with moving forward with this when the District Commissioner is not comfortable moving forward with it.
Commr. Campione expressed her belief that there was no reason why they should not keep moving this process along, since it was two totally separate issues.
On a motion by Commr. Parks, seconded by Commr. Cadwell and carried by a vote of 3-2, the Board tabled the request for adoption of an ordinance dissolving the Plaza Collina Community Development District. There is no fiscal impact.
Commr. Campione and Commr. Sullivan voted “no.”
ordinance amending code regarding code enforcement board
Mr. Minkoff placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTIONS 14-66 AND 14-79 OF THE LAKE COUNTY CODE TO CHANGE ALL REFERENCES FROM THE LAKE COUNTY CODE ENFORCEMENT BOARD TO THE LAKE COUNTY CODE ENFORCEMENT SPECIAL MASTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff explained that this contained two very minor cleanup changes to the Land Development Regulations.
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. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the adoption of Ordinance No. 2014-73 amending two sections of the Lake County Code referring to the Code Enforcement Board that was eliminated in 2004 by Ordinance 2004-15 in favor of a Code Enforcement Special Master. There is no fiscal impact.
vacation petition 1196 – dimassino – plat of darian estates
Commr. Campione declared a conflict regarding Vacation Petition 1196.
Mr. Fred Schneider, County Engineer with the Department of Public Works, explained that this was a vacation petition filed by the applicants, David and Robin DiMassino, to vacate the Plat of Darian Estates in the Eustis area, because the applicant was unable to continue to develop the plat due to lack of funding. He displayed a map illustrating the location of the plat on the overhead monitor, noting that it was located near CR 44A and Lake Norris Road, and he related that staff recommended approval to vacate the plat in its entirety.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried by a vote of 4-0, with Commr. Campione abstaining from the vote, the Board approved Resolution No. 2014-153 for Vacation Petition 1196- David & Robin DiMassino - to vacate the Plat of Darian Estates (PB 63, Pgs. 90-92). There is no fiscal impact. Commission District 5.
granville avenue special assessment project
Mr. Schneider stated that he would present the Granville Avenue Special Assessment Project No. SA-103 located in unincorporated Lake County, and the purpose of this public hearing is to authorize the Granville Avenue special assessment and award the construction of the project. He explained that typically the special assessment program is for non-maintained and unpaved county roads that are usually residential, although it is commercial in this case, to be brought into the County maintenance system after being brought up to standards and maintained as a County roadway from that point on, and he noted that there needs to be supporting petitions from at least 55 percent of the property owners with 55 percent front footage received before the project would be brought forward before the Board with the request to advertise, bid, and go forward with the design. He specified that they have designed the project for Granville Road and have the bids in, and he elaborated that property owners have 30 days to pay the full assessment with no interest after construction under this process, with unpaid balances placed on the tax bill as a part of a non-ad valorem assessment for ten years at the interest rate of 2 percent over prime, or 5.25 percent in this case. He reported that the Granville Avenue project is located just outside the city limits of the City of Clermont south of SR 50, east of Hancock Road, and west of CR 455 (Hartle Road), and he showed a close-up picture of the site. He noted that there were 11 property owners that front on the project, with Senninger Irrigation located on the south end but not fronting the project.
Mr. Schneider commented that this was originally an economic development project intended to get the road paved and provide some other infrastructure, but Senninger indicated support of the project as a road project only and pledged $50,000 towards the project in order to reduce the cost for the other property owners. He recapped that the Board authorized proceeding with the design to pave Granville Avenue on January 8, 2013 and authorized the advertisement of bids on December 17, 2013, and the bids were received on October 30, 2014. He specified that the estimated cost was $26.71 per foot per property owner, with the actual cost at $26.92 per foot, and the actual cost of the project was $238,427, with the County’s share of $118,801, Senninger’s contribution of $50,000, and the property owners’ share of $69,626. He pointed out that although typically the County pays 33 percent and the owners pay the remaining two-thirds, in this case the Board has agreed to pay 50 percent as the cost share, and the property owners would only be paying 33 percent after Senninger’s contribution of $50,000. He mentioned that the eleven property owners affected by this assessment were notified by certified mail. He requested that the Board authorize the special assessment project, execute a resolution to adopt the project’s tentative special assessment roll with an interest rate of 5.25 percent for seven years, award construction to Boykin Construction, Inc. in the amount of $233,169.46, and encumber and expend funds in that amount for the cost of construction and title searches.
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.
Commr. Parks thanked the Public Works and Economic Development staff that worked on this project, and he commented that this was an example of a great partnership that can improve property values as well as an example of how the County is business-friendly.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved to authorize Granville Avenue Special Assessment Project No. SA-103, Bid No. 15-0003, execute Resolution No. 2014-154 to adopt the tentative special assessment roll for the Granville Avenue Special Assessment Project No. SA-103, award the construction of the Granville Avenue Special Assessment Project No. SA-103 to Boykin Construction, Inc. in the amount of $233,169.46, and encumber and expend funds in the amount of $233,994.46 for the cost of construction and title searches ($116,584.73 to be expended from Renewal Sales Tax Capital Projects-PW – Roads – County Share and $117,409.73 to be expended from County Transportation Trust Fund – Special Assessments – Roads – Property Owner Share). Approval and award of the project is contingent upon the receipt of the $50,000.00 voluntary contribution from one of the adjacent property owners. This project is located in unincorporated Lake County, East of Clermont, in Section 26, Township 22, Range 26. Commission District 2.
public hearings: rezoning
rezoning consent agenda
Mr. Chris Schmidt, Manager of Planning and Community Design, Growth Management Department, submitted the advertisements for the day’s rezoning public hearings. He then asked for approval of Tabs 1 through 6 of the Rezoning Consent Agenda.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding the Rezoning Consent Agenda, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 1. Ordinance No. 2014-74
U-Haul Company of Florida
Small Land Plan Amendment
Proposed small-scale amendment seeking to change from the Regional Office Future Land Use to the Regional Commercial Future Land Use on the parcel described as Alternate Key #1453321, which consists of 3.49 +/- acres
Tab 2. Ordinance No. 2014-75
U-Haul Company of Florida Rezoning
Rezoning of property from Heavy Industrial (HM) to Planned Commercial (CP) to allow Automotive Repair, Consumer Services and Repair, Convenience and General Retail, Self-Service Storage and Warehouses.
Tab 3. Ordinance No. 2014-76
Payne Road/West Hunter Rezoning
Rezoning of property from Rural Residential (R-1) to Community Commercial (C-2) to allow commercial uses as permitted by the Mount Plymouth-Sorrento Main Street Future Land Use Category.
Tab 4. Ordinance No. 2014-77
Mossy Oak Fences/Payne Road CUP
Request for Conditional Use Permit (CUP) for fence manufacturing/sales within the Mount Plymouth-Sorrento Main Street Future Land Use Category and the Community Commercial (C-2) Zoning District.
Tab 5. Ordinance No. 2014-78
Heathrow Country Estates PUD Amendment
Request to amend Planned Unit Development (PUD) Ordinance #2014-15 to correct a scrivener’s error in the Ordinance (Section 1.A.5) to clarify development phasing with no additional changes proposed. Ordinance #2014-15 will be replaced with a new Ordinance.
Tab 6. Ordinance No. 2014-79
Future Land Use Element and Economic Development Overlay District Amendment
Amend FLU Element Policy I-1.3.6 (Regional Future Land Use Category) and Future Land Use Element Policy I.1.3.7 (Regional Commercial Future Land Use Category) to allow Economic Development Overlay District uses as a typical use. Also to amend Map 20 of the Future Land Use Map Series to include the aforementioned future land uses.
rezoning tab 7 – jahna pud amendment
Mr. Schmidt related that the 540-acre subject site for PH#27-14-2, the Jahna PUD Amendment, was located in the Clermont area, south of SR 50, and on Emil Jahna Road. He noted that the property is currently undeveloped and is a former mining site, and he reported that the applicant was requesting to amend the Planned Unit Development to eliminate the age restriction among other changes to the existing conditions in the PUD to include a maximum individual lot ISR of .85 and revised transportation improvement conditions. He pointed out that since the number of proposed residential units of 894 remains the same, these proposed changes do not increase the density. He related that staff recommends approval of the request.
Commr. Cadwell, Commr. Parks, Commr. Campione, Commr. Sullivan, and Commr. Conner all disclosed that they have had a conversation with the applicant’s attorney, Ms. Cecelia Bonifay.
The Chairman opened the public hearing.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved PH#27-14-2, Jahna PUD, request to amend the Planned Unit Development (PUD) Ordinance #2006-30 to revise existing ordinance conditions, including eliminating the age restriction for the development and amending the minimum lot width, setbacks, minimum building separation, site grading/mine reclamation, landscaping, environmental, transportation improvements, etc. and Ordinance No. 2014-80.
recess and reassembly
The Chairman announced at 10:08 a.m. that there would be a 15-minute recess.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
community safety and compliance
keep america beautiful affiliate program
Mr. Brian Sheahan, Community Safety and Compliance Director, explained that he would be discussing the Keep America Beautiful Program and membership in the affiliate program for Lake County, and he recapped that he gave a short presentation about the cleanup programs that the County currently has at a BCC meeting in October, including road cleanup programs, road adoption, right of way cleanup, and the mowing contract add-on to pick up litter before mowing is done, with the Board asking at that meeting for staff to look into joining Keep America Beautiful in order to enhance their current efforts. He related that the program’s mission foremost is to engage individuals to take greater responsibility for improving their community and environments. He listed the benefits of the program as an international network of affiliate programs, annual events and programs that the County could participate in, two intensive full days of training for staff members within Lake County, cost benefit assessments, litter index to track problems that are nationally recognized and classify different types of issues, and providing of educational and cleanup materials. He displayed a list of some of the already existing programs which they could implement in their local jurisdiction, including the Great American Cleanup, America Recycles Day, RecycleMania, Cigarette Litter Prevention, and educational programs for the local elementary schools and community based groups. He mentioned that there were also grants, such as over $4 million that Keep America Beautiful donated in cash and in-kind services to affiliates, and he added that the State of Florida through DOT is giving a $15,000 grant to each affiliate in 2015, which they will be eligible for if they are certified by June 1, 2015. He elaborated that other benefits include saving money, since statistics indicate that $22 to $34 is returned in savings and benefits for every dollar invested; education of citizens of all ages; improvement of quality of life through an improved environment resulting in economic benefits; and encouragement of positive choices, attitudes, and behaviors.
Mr. Sheahan commented that the application process is pretty straight forward, and he mentioned that they have begun the process and showed the outline through a flow chart. He related that they have identified an initial County team of staff members, and it could be transitioned to add the cities and private community-based groups at a later date. He explained that Keep America Beautiful will send the community-based trainers to the county after the County submits the application for the mandatory training, and the organization will help them identify the key initial focus for the program; the County will then become a Keep America Beautiful affiliate after the training and identify the community-based needs they will focus on first. He specified that the cost of the application is $4,000 and $350 per year thereafter, and he mentioned that there was currently a $2,000 match grant through the organization if funds are available, which he has already started applying for since it was a nonbinding application. He requested that the Board authorize the application for membership and authorize the Chairman to draft a letter of support, which is a requirement of the application.
Commr. Campione asked whether it would make sense to start by sending a letter to the cities to see if they want to appoint someone to get the initial training, and she related that she was interested in reaching out to their distinctive Lake County communities for a point person in each of those areas that might want to get involved.
Mr. Sheahan responded that they anticipated doing that.
Commr. Cadwell commented that tying this into a program that had already been initiated by staff from the Growth Management and Public Works Departments was an easy way to get community participation. He asked who comprised the County team for this program.
Mr. Sheahan responded that the application names himself, Ms. Wendy Breeden from Public Resources, Mr. Brian Collodi from Code Enforcement, Mr. Skip McCall from Solid Waste, and Ms. Lori Conway from Roads. He elaborated that initially they have to have a list of staff designated, and he mentioned that he has been in contact with the Sheriff as well to see if he also would like to participate but has not heard back from him yet. He added that they believed it was premature to contact the cities yet, since they did not know at that time whether the Board would move forward with the application.
Commr. Cadwell suggested that Community Services staff help them identify some areas of the County that they could include in the litter program.
Commr. Campione commented that there were many places where she sees litter along the roads, including in the rural areas. She related that the Sheriff offered to send inmate crews out to particular areas, and she is sure he would want to be involved.
Commr. Parks asked if signage will be part of the program.
Mr. Sheahan responded that the initial training will include a discussion about what the County wants to focus on first, and they would grow out from there. He elaborated that if signage was determined to be the focus, they would then determine where they could put the signs with the amount of funding available and where they are most needed.
Commr. Cadwell added that they could utilize their Tourist Development slogan “Real Florida, Real Close” to do some signage along with their Keep America Beautiful program signage, possibly using some TDC funds as well. He also mentioned that their staff does a great job producing their signs and could create any kind of signage they wanted, and he commented that signage would illustrate to the public how much this issue matters to the County.
Commr. Parks opined that the amount of litter present says a lot about a community.
Commr. Campione recommended that they clean up an area before putting the signs up, and she asked if there would be any benefit to doing a community or countywide cleanup before starting the program and receiving the match.
Mr. Heath responded that they want to go forward and hope they receive the match.
On a motion by Commr. Campione, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved and gave authorization to submit an application for membership in the Keep America Beautiful Affiliate Program and approval to submit any necessary applications to seek grants to offset application and membership costs. The fiscal impact is $4,000 (Expense).
fiscal and administrative services
budget quarterly financial report for fourth quarter
Mr. Steve Koontz, Fiscal and Administrative Services Director, stated that he would present to the Board an overview of the unaudited financial results for 2014, noting that the Clerk Finance Department is still working with the external auditors to put together the CAFER for 2014 and to close out the books. He specified that overall the total 2014 revised budget after the midyear adjustment in April consisted of $373.8 million, and the General Fund Budget made up $117.2 million of that with $10.3 million in reserves, which was 8.8 percent of expenses. He displayed a chart of the five major revenue sources, including the General Fund Ad Valorem consisting of $68.2 million, which was 97.6 percent of what they had budgeted; the Fire Assessment consisting of $16.2 million or 99.3 percent of what was budgeted; and the Solid Waste Assessment of $12.1 million, which represented 97.8 percent of what they had budgeted. He emphasized that two very positive things were reflected in the state sales tax, which they had budgeted a little over $12 million based on the trends of previous years but which had actually brought in $13.2 million, or almost 107 percent of what was budgeted; and the infrastructure sales tax, which exceeded their projections of $11.8 million and brought in $12.4 million, reflecting 115.2 percent of what was budgeted. He reported that the General Fund Expenditures for 2014 were just a little over $114 million, and he displayed a graph which broke that up into the major categories. He pointed out that the Constitutional Offices expended $69.1 million or about 99 percent of what was budgeted, and the expenses for the County Departments were $28.9 million out of $31.4 million budgeted, or 92 percent expended for last year. He displayed a pie chart illustrating the percentages of those expenses out of the total General Fund, noting that the Constitutional Offices made up 61 percent of that budget, the County Departments were at 25 percent, non-departmental made up 12 percent, and Judicial Support was at 2 percent.
He also gave a brief update on the County’s human resources statistics, and he reported that there were about 25 vacant positions in the 4th quarter ending September 30. He elaborated that the average time to fill a position was about 56 calendar days, and there were four promotions, 19 new hires, and 14 separations during that timeframe. He then summarized that most of the revenues were at or near projected levels, with the State Revenue Sharing and State Sales Tax exceeding expectations. He related that overall expenditures were at 97 percent, and total revenues collected were about 95 percent of what they had budgeted. He pointed out that total expenses for the year were slightly lower than the previous year. He listed the next steps, which were completion of the external financial audit, a grant reconciliation which would come back to the Board in January, and a mid-year budget adjustment in April to reconcile the fund balances and the reserves once they get the final audited numbers for 2014.
building services update
Ms. Amye King, Growth Management Director, related that she would give the Board an update on the development activity and the staffing needs for the Building Services Division, whose activities include plan review, inspections, contractor licensing, contractor complaints, and issuing of residential and commercial building permits. She explained that the funding for the Building Services Division is an enterprise fund which does not come out of the general fund, with user fees generated from various activities including permits, inspections, contractor licensing, unlicensed activity, and plan review, and she pointed out that the revenue generated is restricted and can only be used for building services. She specified that there are currently 19 positions in the division, including three permitting technicians, four senior building inspectors, two plans examiners, and a chief plans examiner-fire inspector, as well as a private provider, BESH (Booth, Ern, Straughan & Hiott, Inc), which conducts inspections and plan review services on a regular basis. She displayed a graph illustrating that the current activity continues to increase, which started to break even again in 2010 within the division with a show of strong activity since then. She related that they are currently only meeting their goals half the time of processing single family permits in three days or less and multi-family and commercial in 21 days or less. She noted that each inspector averages 36 inspections per day, although the internal goal is 20 inspections per inspector daily. She commented that the reduced staff and increased activity has made it difficult to complete the inspections and plan reviews in a timely manner, so they contracted with BESH to provide inspections and plan review services on an as-needed basis, noting that they are employing them every day right now. She reported that their revenue has increased exponentially, and their expenses have been held to a low level, resulting in their revenues surpassing their expenses. She proposed the creation of two senior building inspector positions, as well as for a fire inspector, a permitting Technician I, and a permitting Technician II, and she assured the Board that the current revenue will provide sufficient funds to support these positions. She summarized that with the increase in activity, the plans examiners and licensing investigator need to return to their respective jobs, since they currently have everyone doing inspections, including the building official who is usually in-house, and they need additional staff to ensure permits are issued and inspections are completed in a timely manner and to meet their goals. She requested that the Board approve the addition of five new positions to increase the manning table and a budget transfer from the building fund reserve for Operations, and she indicated that the anticipated fiscal impact is approximately $240,000.
Commr. Campione asked how long it would take to fill those positions.
Ms. King answered that they are having a difficult time, especially since they are also losing some key employees to the local governments, but they are hoping to have those positions filled by the beginning of the year in anticipation of the renewal of the impact fees.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the budget transfer from Reserve for Operations for five new positions. The fiscal impact is approximately $241,061 (Expenditure).
amendment to agreement with rave wireless
Mr. Greg Holcomb, Communications Technology Manager, stated that he would present an overview of the Smart911 system in Lake County and request approval to continue that service. He recapped that the E911 system currently automatically provides the caller’s telephone number, address, location, and the jurisdiction of police, fire, or medical; however, the new Smart911 system will provide additional information that he will discuss during this presentation. He explained that Smart911 is a service that allows citizens to create a Safety Profile for their household and residence which would provide information that would be available prior to an emergency event, and he pointed out that grant funding and the 911 surcharge was used to fund this program. He elaborated that the types of data registered include photographs and physical descriptions of the residents, health and rescue information, and premise information that would be advantageous to know during an emergency event. He pointed out that Smart911 is a state and national network as well as a local network, and he displayed a list of some of the communities served by this system, including some of the universities such as the University of Florida. He added that information from anyone that registers in any one of the areas that is serviced by Smart911 will be displayed when they call 911 in those communities. He emphasized that the information is only made available to the call takers and the 911 centers when someone calls 911 with a registered phone, and that information is not searchable or stored in a database in Lake County. He pointed out that Smart911 through Rave Mobile utilizes the highest security standards and conducts regular audits, and the citizen is in control of his own data. He listed their outreach efforts, including the Lake County Public Information Officer news releases, local news interviews, and homeowner association presentations; and he added that citizens could sign up using the link on Lake County’s home page. He recapped that Smart911 has been there since December of 2011 when the Board approved the grant funds and subsequent two years of 911 service through Rave Wireless, and approximately 1,926 Lake County citizens have registered for the service. He related that the current contract ends this month, and they recommend approval to ensure the continuation of that service with a First Amendment to the Agreement with Rave Wireless, Inc. which would extend the Smart911 system for an additional three years. He noted that Smart911 is a patented and proprietary system, and he remarked that there was no increase in cost, which was $31,500 annually or a total of $94,500.
Commr. Sullivan asked what the participation rate was for other counties, since he believed that 1,926 out of 300,000 seemed low, although he agreed that they need to do it.
Mr. Holcomb responded that it was about the same as Lake County and added that the statistics would increase with more outreach.
Mr. Heath pointed out that this would normally be a consent item, but they wanted to use this format as an opportunity to get the word out to increase participation, and he indicated that he has also asked staff to step up the outreach efforts on this, because it is such a great tool for both the EMS and the fire department first responders.
Commr. Parks opined that this was a good program, since it is difficult sometimes for emergency personnel to find a location during an emergency, and he commented that registering for this program can save someone’s life.
Commr. Conner asked whether the data is impossible to hack.
Mr. Holcomb replied that although nothing is impossible, Rave Wireless works very hard on the security aspects of the system, and he noted that it has not been hacked so far.
Commr. Conner expressed concern about residents getting the impression that the information could not be hacked, although the information is as secure as they could possibly make it.
Mr. Holcomb related that residents who sign up could enter as much or as little information as they like, and some citizens who do not feel comfortable giving out medical information will not have to do so.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the First Amendment to the Agreement between Lake County and Rave Wireless, Inc. for the Smart911 System. The fiscal impact is $94,500.00 ($31,500 annually) over a three-year term.
trap-neuter-release program for feral cats
Commr. Campione related that Sheriff Gary Borders indicated that he was interested in doing a trap-neuter-release (TNR) program for feral cats in the county, but they would need to make some adjustments to their ordinance in order to move forward with this. She commented that she thought it would be extremely valuable to get input from people in the community who are interested in the topic and who may have been involved in programs in other places in order to discuss the pros and cons of the different types of ordinances, noting that some are based on having sponsors, some based on caretakers, and others that the Sheriff would be responsible for. She stated that she did not want to go forward with that without the endorsement of the Board, and she explained that they would have community input before drafting an ordinance and bringing it back to the Board. She mentioned that she has already discussed this with the Sheriff, because she had been approached by people interested in this program, and he believed that this type of program could be very beneficial to the overall goals of reducing the population of unwanted and homeless animals, lowering the number of euthanizations at the animal shelter, and lowering the cost at the shelter in the long-term.
Commr. Parks stated that he would be very interested in moving forward with looking at some of the options for this program; however, he pointed out that they need to recognize that there is some debate about a TNR program for feral cats, such as arguments that those cats would still be killing 23 to 45 birds and various wildlife per year.
Commr. Campione pointed out that the cats would keep repopulating without this program.
Commr. Parks related that the South Lake Animal League suggested that they consult with Dr. Julie Levy from the University of Florida as they move forward with this.
Ms. Peg Lindsey, a resident of Leesburg and a member of the local Audubon chapter, related that the national Audubon Society is opposed to TNR programs, and there are other programs which will help reduce the population of feral cats. She commented that she would welcome discussions that would include other options, and she opined that this program would put a well-fed exotic predator back into the habitat. She pointed out that the numbers of wild birds that are killed by feral cats is staggering and in the billions per year in the United States, and she opined that the citizens of Lake County would be better served by a program that would address these issues other than TNR.
Ms. Carolyn Maimone, a resident of Tavares, mentioned that she has been involved in several TNR processes in her community, and the reason they have chosen this program over others is because they are animal lovers and feel that it is the humane way of stopping the population growth. She added that although the lifespan of a feral cat is only about 5 to 8 years, each cat that is spayed or neutered will eliminate 2,000 to 4,000 additional cats from being added to the population. She explained that the feral cats in her neighborhood are fed at least a couple of times a week, and she opined that she did not think they are killing any birds in her yard, although they chase lizards. She stated that she has talked with the South Lake Animal League about starting a process and writing some protocols for them, since they have instituted their program successfully. She concluded that she is in support of a TNR program and expressed interest in being part of a public outreach effort and to possibly help in the institution of the program.
Ms. Lavon Silvernell, a resident of Astatula, commented that she is an animal lover and cares for all species. She opined that although TNR may sound like a perfect solution, it is not a good long-term one and expressed concern that people may start dropping off unwanted cats at a known feral cat location. She expressed hope that the discussions they have regarding this issue will not have a fixed viewpoint that TNR will be the end solution and will look for a humane solution where all cats will have an inside home and will not be impacting ecosystems, and she indicated that she would like to be part of that process.
Commr. Campione replied that the ordinance could contain things that could promote kittens and adoptable adult cats being taken to the shelter and found a home. She commented that rather than promoting the colonies, they would be trying to lower the population and stop the cycle. She commented that this was a good and very humane way to handle the situation of trying to lower the population of unwanted cats, which was prolife and pro-animal, but she believes it is important to have a dialogue during the implementation of the ordinance about the different directions they could go with the end result being cats living in homes rather than in the wild. She related that if there was a consensus from the Board, she would get together with the Sheriff to have this discussion and look at some different options before bringing back something to them for consideration.
The Board reached a consensus to allow Commr. Campione to go forward with that.
reports – commissioner sullivan – district 1
next year’s programs
Commr. Sullivan commented that he was looking forward to next year, and he was excited about a lot of programs that they were working on, including one from the Public Safety Output Committee and those dealing with the issues of homelessness and affordable housing.
reports – commissioner parks – vice-chairman and district 2
montverde academy basketball tournament
Commr. Parks congratulated Montverde Academy for their basketball ranking of fifth in the nation and their nationally televised basketball tournament on Friday, December 12. He pointed out that County staff put together a wonderful television advertisement which played on ESPN that featured Lake County as being the center for sports and tourism.
green mountain byway scenic overlook event
Commr. Parks mentioned that he and Commr. Campione were present at the Green Mountain Byway Scenic Overlook event last Monday, December 8, and he commented that it was a wonderful event and that staff had done a wonderful job helping them put that on. He encouraged everyone to visit the Overlook and see the view, which he opined was unlike anything else in Florida.
mossy oak fences zoning case
Commr. Parks pointed out that County staff did a great job assisting the applicant regarding the Mossy Oak Fences zoning case which was on that day’s Rezoning Consent Agenda to relocate their business from east Orlando to Lake County. He suggested that representatives of that business, which he commented was a great company, come to a meeting in the future when they do the next quarterly economic development update to make introductions and tell their story about how they chose the county.
REPORTS – COMMISsIONER campione – DISTRICT 4
open door drop-in facility event
Commr. Campione related that she attended an event at the Open Door Drop-in Facility located on Grove Street in Eustis, which works with the City of Eustis, LifeStream, the Homeless Coalition, and a lot of community partners to address issues regarding homelessness by providing services to help people get back on their feet, such as providing showers, a mailing address, child care, counseling, and a way to help them reconnect with family members or others that could help them. She added that Florida Hospital offered to take care of the electric bills for the first year at the facility. She commented that this facility was a wonderful concept, and she was proud of the people that helped to make it a reality.
green mountain byway scenic overlook
Commr. Campione suggested that people visit the Green Mountain Byway Scenic Overlook and that the Economic Development staff highlight this location to prospective businesses to show that Lake County is a great place to live.
reports – commissioner cadwell – district 5
friends of lake apopka meeting
Commr. Cadwell reported that Commr. Brian Nelson had scheduled a meeting with the Friends of Lake Apopka on December 30, and he was not able to attend that meeting on that date, but he made sure that the group knew that Lake County was interested in being a part of that effort.
Commr. Campione indicated that she would attend that meeting.
traffic light in umatilla
Commr. Cadwell reported that he had gotten notification from FDOT that they are starting construction on a third traffic light in Umatilla at City Hall.
REPORTS – COMMISSIONER conner – CHAIRMAN AND DISTRICT 3
edc christmas Social
Commr. Conner related that Commr. Campione, Mr. Heath, and he attended the EDC (Economic Development Commission) Christmas Social.
tour of electron machine
Commr. Conner thanked staff for setting up a tour of Electron Machine.
retirement party for betty richardson
Commr. Conner mentioned that he had attended the retirement party for Ms. Betty Richardson.
retreat on january 20
Commr. Conner announced that the Board will hold a retreat on January 20, 2015.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:41 a.m.
jimmy conner, chairman
NEIL KELLY, CLERK