A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
August 9, 2016
The Lake County Board of County Commissioners met in regular session on Tuesday, August 9, 2016 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: Sean Parks, Chairman; Welton G. Cadwell, Vice Chairman; Timothy I. Sullivan; Jimmy Conner; and Leslie Campione. Others present were: David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Angela Harrold, Deputy Clerk.
INVOCATION and pledge
Pastor Alan Holden from Midway Baptist Church of Leesburg and the CEO and President of the United Way of Lake and Sumter Counties, gave the Invocation and led the Pledge of Allegiance.
Mr. David Heath, County Manager, stated that Tab 11 would be moved from the Consent Agenda to the Regular Agenda so that the Board could receive an update on mosquito control due to the Zika Virus, which is a virus currently being spread by mosquitos. He noted that Tab 12, an Interlocal Agreement with the City of Tavares, would be pulled from the agenda to be heard at a later date at the request of the City of Tavares.
Mr. Robert Anderson, Human Resources Director, recognized employees who have reached significant milestones in their career with Lake County, as follows:
Nicole Deyarman, Program Supervisor
Community Services/Housing & Community Development Division
Roland Breeden, Maintenance Technician II
Facilities & Fleet Management/Facilities Management Division
Thomas Carpenter, Emergency Management Division Manager
Public Safety/Emergency Management Division
Dwayne Henry, Recreation Coordinator
Public Resources/ Parks & Trails Division
10 YEARS: Janice Cavanaugh, Landfill Attendant (Not Present)
Public Works/Environmental Services Division/Solid Waste Operations
18 YEARS: Olakunle Olasimbo, Engineer IV
Public Works/Engineering Division/Traffic Engineering
22 YEARS: Anna Perez, Office Associate III
Public Resources/Agricultural Education Services Division
Mr. Jim Stivender, Director of Public Works, stated that Olakunle “Noble” Olasimbo was retiring from Lake County after 18 years of service and had worked for Lake County as an Engineer in the Transportation Department of Public Works for 18 years. He commented that Mr. Olasimbo had previously worked for Volusia County’s Metropolitan Planning Organization (MPO) before coming to work for Lake County in November of 1997. He noted that Mr. Olasimbo created and maintained the Community and Traffic Safety Team that meets on a regular basis to review traffic issues throughout the county. He reported that Local Agency Program (LAP) grants have been available to the County since 2002 as small grants, and Mr. Olasimbo has done a wonderful job coordinating them and has obtained $14.7 million of these grants for the County. He pointed out that traffic complaints are handled and resolved well by Mr. Olasimbo and that he has been the liaison to the Florida Department of Transportation (FDOT), has led task forces, and has helped with traffic counts when needed. He elaborated on Mr. Olasimbo’s retirement plans and wished him luck moving forward.
Mr. Jeff Cole, Director of Public Resources, stated Ms. Anna Perez was retiring from Lake County after 22 years of service and has worked for Lake County since 1994 and held positions in Purchasing and Economic Growth Management before moving to the Lake County Extension Service. He pointed out that she became a Master Gardener in 1999 and that she was completing her training to become a Certified Florida Master Naturalist. He stated that she has provided quality customer service and displayed professionalism, and within her first few years of employment she received the Lake County Professionalism Award. He commented that she maintains a calm and positive energy that has made her a joy to work with and a superb ambassador for Lake County. He elaborated on Ms. Perez’s retirement plans, listing the outdoor activities she enjoys and wished her luck moving forward.
citizen question and comment period
Mr. Thomas Madden, a resident of Clermont, stated that he wanted to call to the Board’s attention the treatment he has been receiving from the Vistas at Lake Louisa Homeowners Association (HOA). He reported that starting in April of 2016 he has received several letters from the HOA regarding the cleanliness of his home’s driveway. He expressed his frustration that while he had complied with the HOA requests, he was still receiving letters threatening legal action. He stated that he takes pride in his property and opined that receiving the letters is not warranted. He feels the periphery of the lot, including the area around a retention pond near their home, is not maintained as it is supposed to be by the HOA.
Commr. Cadwell asked how long the issue has been going on.
Mr. Madden stated that this has been happening since a previous issue that took place near their home regarding a road closure in which a judge ruled in the Maddens’ favor and has been an ongoing situation. He commented that the HOA has yet to talk with the Maddens about the road closure situation.
Commr. Campione stated that prior to being a commissioner, she represented the Maddens in the road closure situation and asked that the Board consider opening the road up as it had never been vacated, and by law it could not be permanently closed off. She pointed out that there were concrete barriers placed across the road to keep cars from going through the neighborhood, and then the concrete barriers were removed and replaced with an earthen berm, which has now become part of the yard of the HOA president and vice-president. She opined that this is an unfair situation, and now private homeowners are using the County-provided earthen berm for private use when it is a public right of way. She suggested removing the earthen berm and adding a gate at the entrance so that traffic cannot cut through the neighborhood.
Mr. Madden stated that Mr. Olasimbo provided traffic count data to the Maddens which he opined clearly showed that traffic has been diverted off of Lake Louisa Road with the opening of Hammock Ridge Road as a southern connector. He commented that because of this there was no longer a need for traffic to cut through the neighborhood, but the decision was still made to close the road.
Commr. Parks pointed out that the issue is taking place within his district and commented that Mr. Madden brings up interesting points on the recent road work and change in traffic volume on Lake Louisa Road. He stated that he would meet with Mr. Stivender and Mr. Madden to review the problem.
Mr. Vance Jochim, a writer of a blog on local government issues, stated that Charlotte County, Florida, put together a video that highlights the different County departments using a popular song currently on the radio, and he asked the Board to do something similar.
Ms. Anne Keller, a resident of Tavares, expressed her support for the Tab 16 agenda item, stating that the current condition of the road near her home is impassable when it rains and that the residents have been working together to grade and fix the road as best as they can, adding that it has been an ongoing issue. She pointed out that there were several residents in attendance to show their support as well.
Commr. Parks added that he would like to move Tab 18 to after Tab 11.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 4, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Greater Lakes/Sawgrass Bay Community Development District Financial Report
Request to acknowledge receipt of the Greater Lakes/Sawgrass Bay Community Development District Financial Report for the fiscal year ended September 30, 2015, pursuant to Sections 11.45 and 189.418, Florida Statutes, along with a cover letter dated June 29, 2016 transmitting said report.
Pine Harbour Waterworks Notice of Application for Transfer Water Certificate
Request to acknowledge receipt of Notice of Application for Authority to Transfer Water Certificate of Authorization to Another Regulated Utility, dated July 12, 2016, giving notice that Pine Harbour Waterworks, Inc. has filed this application for transfer of the water system of Pine Harbour Water Utilities LLC in Lake County pursuant to Section 367.071, Florida Statutes, and Rule 24-30.037, Florida Administrative Code.
Florida Public Commission
Request to acknowledge receipt of copy of the following orders Before the Florida Public Service Commission:
In re: Application for staff-assisted rate case in Lake County by Raintree Waterworks, Inc., Docket No. 150199-WU, Order No. PSC-16-0286-CO-WU, Consummating Order stating that Order No. PSC-16-0256-PAA-WU issued on June 30, 2016 has become effective and final.
In re: Application for NSF and late payment charges in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities Inc. of Florida, Docket No. 160104-WS, Order No. PSC-16-0292-CO-WS, Consummating Order stating that Order No. PSC-16-0253-TRF-WS issued on June 29, 2016 has become effective and final.
COUNTY MANAGER’S CONSENT AGENDA
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 2 through 10 and Tab 13 as follows:
Request approval to apply for the Shirley Conroy Area Capital Equipment Grant for two buses for the Transportation Disadvantaged (Paratransit) program for the 2016-2017 Fiscal Year budget; approval and signature of the supporting Resolution 2016-81; and acceptance and implementation of the grant, if awarded. Request permission to purchase the vehicles, if grant is awarded, under the State Transit Research Inspection Procurement Services Program. The fiscal impact is $145,436 (County Portion: $14,543.60 / Grant Funded: $130,892.40) Expense and Revenue.
Request approval to reinstate Life-Sustaining / Other door-to-door paratransit trips funded by the FDOT Section 5311 Operating Grant. There is no fiscal impact.
Request approval and authorization for the Chairman to sign the FY 2015-2016 Community Development Block Grant (CDBG) Agreement with the City of Minneola in an amount not to exceed $146,017 (from CDBG fund) for Phase 1 Minneola Main Street Sewer Project. The fiscal impact is not to exceed $146,017 (Expense).
Request approval and authorization for the Chairman to sign the FY 2015-2016 Community Development Block Grant (CDBG) Agreement with the City of Leesburg in an amount not to exceed $362,284 (from CDBG fund) for Phase 1 Neighborhood Center. The fiscal impact is not to exceed $362,284 (Expense).
Request approval of Third Amendment to Lease between the Villages Operating company and Lake County for the Tax Collector's Office at 918 Avenida Central in the Villages. The estimated fiscal impact is $37,000.
Request approval for Sugar Hill Estates Developer's Agreement Amendment. The agreement would allow an additional 4 year extension to the Developer's Agreement thereby allowing the delay of sidewalk construction improvements until August 31, 2020. There is no fiscal impact.
Facilities Development and Management
Request approval to award contract for courthouse exit fencing under Request for Quote (RFQ) 2016-00179 to Aabot Fence, LLC (Orlando, FL), and authorize execution of all implementing documentation by the procurement office. The estimated fiscal impact is $58,761.00 (Expenditure).
Request approval to award contract 16-0422, McDonald Canal Boat Ramp Landscape Maintenance and Related Services, to KAM Services, Inc. (Clermont, FL), and authorize Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $41,725.08. Commission District 3.
Request approval and acceptance of the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects. There is no fiscal impact. Commission Districts 3, 4, 5
Request approval of a Purchase Agreement with Scott and Denise Biddle for the purchase of strips of land to be used for right of way and permanent easements for the Johns Lake Road Project in the Clermont area. Also, authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing. The fiscal impact is $59,000.00 (Expenditure). Commission District 2
MOSQUITO CONTROL update and zika virus FUNDING
Mr. Jim Stivender, Director of Public Works, gave an update on mosquito control, stating that its main mission is to deal with mosquitos that carry disease. He commented that the goal of day to day operations is to provide protection from human and equine encephalitis, and during the provided protection the spraying also affects the general mosquito population that do not carry the disease but are a nuisance. He explained that the process starts with trapping mosquitos in different areas of the county to identify what areas have the certain species of mosquitos that need to be controlled. He stated that when the Zika Virus became known in April 2016, a weekly Monday conference call was set up between the State of Florida Mosquito Control and the State of Florida Health Department. He commented that the mosquito that carries the Zika Virus flies during the day, so morning spraying has been implemented between the hours of 5:00 a.m. to 8:00 a.m., adding that the normal spray times from 8:00 p.m. to midnight are still being done as well. He reported that if there are pedestrians out on the roadway where the spraying occurs, the trucks will turn off the sprayers until they are past the pedestrians to ensure they are not affected by the spray. He stated that the mosquito control department has spent time on private property, after gaining permission from residents, spraying there as well if the Department of Health has identified it as an area of concern. He presented to the Board a flyer that is being passed out to residents to educate them on the mosquito and the Zika Virus. He pointed out that the challenge has been that the budget has been impacted by the additional spraying. He stated that the mosquito control department has been working with the state for additional funds to help supplement the budget, and the department has been able to gain funds allocated by the state to combat the mosquitos because of the case of Zika Virus in the county. He noted that most of the regular funding during the year comes from the Department of Agriculture, and the County can utilize it as it sees fit; however, the additional monthly allocation for Zika changes each month and has to be spent within the month it was dispersed, and what was spent determines what the following month’s allocation will be. He stated that the Lake County allotment for August 2016 was $26,582, and the requested Board action was to accept unanticipated revenue from the State of Florida Department of Health to fight the Zika Virus, adding that the request for the September 2016 allotment has already been submitted to the state.
Commr. Parks clarified that the funds are additional help from the state.
Mr. Stivender stated that the additional funds from August and September will help through the rest of the year, especially due to the unknown weather conditions of the fall and how the virus and mosquito will spread.
Commr. Cadwell pointed out that the continued spraying during the warm winter affected the budget as well.
Mr. Stivender added that while Zika has been the main focus, the other viruses such as West Nile Virus and Encephalitis have also been monitored. He reminded the Board and residents that pamphlets are available with information.
Commr. Parks reminded residents to remove anything from their yard that can collect standing water, including old tires.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved accepting the allocation of additional funds from the State of Florida for combatting the Zika Virus through additional spray times.
public hearing – postponement of florida bear hunt
Commr. Parks stated that the proposed Resolution 2016-80 for the postponement of the Florida Bear Hunt does not conflict with second amendment rights or the rights of hunters. He elaborated that the resolution supports the Florida Fish and Wildlife Conservation (FWC) efforts to limit bear and human interaction and to take a pause on the hunt until it can be reviewed for better processes.
The Chairman opened the floor to public comment.
Mr. Hal Turville, Former Mayor of the city of Clermont, commented that he supports the cancellation of the Florida Black Bear Hunt that was scheduled for 2016 and the reasons given by FWC for the cancellation. He stated that he is concerned about the lack of involvement in natural resources by local government. He pointed out that radio and television stations took a poll from residents all over the state, and a large percent of the polled population was against the bear hunt; however, the hunt was held in 2015 regardless. He opined that the local government and residents need to be more active, because the state and federal government are making decisions without input or involvement from the local government. He alleged that the past chairwoman of the FWC personally petitioned the federal government to make the Florida Panther a nuisance animal. He opined that the state is not headed in the right direction and he encouraged the Board to speak to the residents to get insight on what the residents are thinking and feeling.
Mr. Cary Baker, the Lake County Property Appraiser, stated that he felt the proposed resolution sounded reasonable. He commented that the FWC has a good record of regulating the wildlife population and pointed out that there are more deer and turkey than there were previously. He said he feels hunting is a necessary and vital part of the management of the wildlife population. He suggested relying on the professional game biologists that work for the FWC and who are experts of the species, who love animals and want to do what is best. He stated that he understands the bear hunt is controversial, but he wanted to encourage relying on the game biologists who know what the appropriate thing is to do. He opined that the FWC has historically done a good job and are good stewards to the game and wildlife in the state.
Ms. Hope Lamb, a Clermont resident, thanked Commr. Parks for the proposed resolution and stated that she has been fighting for several years to protect bears. She recalled that she was approached by several residents who told her they were hunters and were proud of her for speaking out against the bear hunt. She reported statistics on Florida Black Bears from 2015 stating that 304 bears were killed in the bear hunt, 243 bears were killed by vehicle strikes, and 129 bears were killed by FWC due to conflict, which totaled 676 bears killed in 2015. She stated that there is a very small amount of hunters in the county who do not respect wildlife and hunt only for the thrill of killing an iconic species. She believes that the Board will be remembered for trying to protect the Florida Black Bear.
There being no one else who wished to address the Board regarding Resolution 2016-80, the Chairman closed the public comment portion.
Commr. Sullivan stated that he has been taught a lot from the residents speaking and Mrs. Lamb and opined that taking the time to review and study the issue before moving forward would be beneficial.
Commr. Parks pointed out that the resolution does not just address the issues with the bear hunt in 2015 but also the bear and human interactions. He opined that feeding the bears is the worst offense, because the bear could become dependent on the person for food or possibly harm the person.
Commr. Campione commented that the trash cans that are left outside and at the end of dirt roads, primarily in the more rural parts of the county, are a big problem and is no different than feeding the bears by hand. She stated that the trash cans lead to bear and human conflict which can result in the bear being put down. She noted that the County needs to be diligent in pursuing the bear proof trash can program and asked for an update on the program.
Mr. Heath stated that the FWC released guidelines, and applications will be due October 14, 2016. He said that staff met with FWC and were putting together an application requesting $200,000 to fund the purchase of bear proof trash cans.
Commr. Campione stated that the Haines Creek, Astor, Paisley and Sorrento areas have large numbers of bear interactions and feels something needs to be done about the accessibility of the trash.
Commr. Cadwell commented that the Board needs to make sure that local input is being heard. He stated that certain parts of the county are really affected by bears, and the state and federal officials need to know that. He noted that he appreciates the resolution being brought forth by Commr. Parks.
Commr. Parks stated that the resolution is not being proposed to sit on a shelf but needs to be followed through on, and the hope is that the Board commits to it on both the bear hunt and the bear and human interaction issues.
Commr. Campione asked if it would be possible for the bear proof trash can prototype to be on display at the Black Bear Festival for residents to see and learn about.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Resolution 2016-80 to postpone the Florida Black Bear Hunt.
presentation – national association of counties
Commr. Cadwell stated that he appreciates the presentation of the awards, because they reflect projects that the staff has worked on and the Board has been supportive on.
Ms. Kelly LaFollette, Communications Director, presented information to the Board on the annual achievement awards that Lake County received from the National Association of Counties (NACo). She stated that NACo was founded in 1935 and brings county officials together to advocate on national policy, exchange ideas and build new leadership skills, pursue transformational county solutions, enrich the public’s understanding of county government and exercise exemplary leadership in public service. She noted that NACo has been giving annual Achievement Awards since 1970. She elaborated that the NACo Achievement Awards is a non-competitive awards program that recognizes innovative programs that modernize county government and increase services to residents. She added that the awards are grouped into 21 different categories and that each application is judged on its own merits and not against other applications received.
Ms. LaFollette reported that Lake County received five Achievement Awards in June 2016. She reviewed that in the area of Emergency Management and Response, Lake County received an achievement award for Automatic Aid Agreements for Fire Rescue, which is an agreement that states the closest emergency unit responds to a 911 call, and added that Lake County has signed Automatic Aid Agreements with seven municipalities since 2014. She stated that under the category of Civic Education and Public Outreach, the County was awarded for Customer-Friendly Web Enhancements in which the staff from the Property Appraiser’s Office and the Communications Department developed an easy-to-use website for customers. She said under the category of County Administration and Management, the County received an achievement award for the New Agenda Process, which was the automation of the agenda workflow process that was developed and implemented by staff from the Information Technology Department and the County Manager’s Office. She described that in the category of Information Technology, staff from the Information Technology Department with collaboration from the Parks and Trails Division received an achievement award for the development of the Parks and Trails Mobile Data Collector, which helps bridge the gap between field and office staff in the Parks and Trails Division. She explained that in the Volunteers category, the Keep Lake Beautiful Program received an achievement award for the work the volunteers have completed since it launched in 2015. She and Commr. Cadwell presented awards to each of the staff responsible for helping to create and implement the award winning programs.
Mr. Cary Baker, Lake County Property Appraiser, thanked the Lake County Information Technology (IT) Department for their assistance in creating the website enhancements for the Property Appraiser’s Office, and he stated he was appreciative of the working relationship with the County. He commented that it goes beyond the IT Department to the support of the Geographic Information Systems Division in Public Works that allows for more accurate maps of the county.
Commr. Cadwell commented that it has been a great development having the Automatic Aid Agreements, which allow for the closest responding fire and rescue department in an emergency no matter the jurisdiction. He commended Chief John Jolliff, Director of Public Safety, for all of his hard work in getting the agreements completed. He remarked that the Keep Lake Beautiful Program suggested by Commr. Campione has reenergized the local community to give back and work together. He thanked staff that has participated in the county cleanups.
Commr. Parks commented that he is proud of the staff that have received awards and thanked them for all of their hard work.
RECESS AND REASSEMBLY
The Chairman called a recess at 10:10 a.m. for 15 minutes.
public hearings – Ordinance 2016-38
Ms. Melanie Marsh, County Attorney, placed the proposed Ordinance 2016-38 on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING LAKE COUNTY CODE, CHAPTER 13, ARTICLE XV, ENTITLED “NON-EMERGENCY STRETCHER AND WHEELCHAIR TRANSPORT REGULATIONS”; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Ordinance 2016-38 to repeal Article XV of Chapter 13 of the Lake County Code entitled “Non-Emergency Stretcher and Wheelchair Transport Regulations.” There is no fiscal impact.
public hearing – Transportation construction PROGRAM
Mr. Jim Stivender, Director of Public Works, presented the Transportation Construction Program and public hearing for the Road Impact Fee Transportation Construction Program for 2017 through 2021. He stated that the presentation would be a review of road maintenance including paved shoulders, clay roads, non-county maintained roads, and current construction programs.
Ms. Lori Koontz, Road Operations Division Manager, reviewed the 2015 road inventory for Lake County, noting that there are 1,389 miles of County-maintained roads. She stated that there is an annual road inventory and inspection where every road in the maintenance system is inventoried, annually inspected and segmented into smaller pieces based upon roadway geometrics such as width, shoulder type, median type, number of lanes and pavement condition. She commented that the pavement inspection process is a visual inspection and evaluation to assess the surface condition of the road and assign it a ranking based on surface defects, surface deformation, cracks, patches or potholes; and the Public Works’ Maintenance Supervisors perform this hands-on task. She reviewed the road resurfacing rating system called the Pavement Surface Evaluation and Rating (PASER) System, noting that it is a one to ten rating scale with ten being a brand new road and one being a failed road in need of reconstruction. She pointed out that the County does not have any roads rated as a one in the road inventory. She stated that the ranking determines the priority of surface improvement according to budgeted funds and that level “6” rated roads are currently considered for micro-surface and level “4” level roads are currently considered for resurfacing with 1 inch asphalt overlay. She reviewed the life cycle of roads over 20 years due to industry standards, pointing out that once a road reaches a level 6 rating on the PASER scale, it deteriorates more quickly, which incurs a higher cost to preserve. She reported that in 2015 there were 53 percent of County roads that were rated from 7 to 10 and 47 percent of the County roads are rated a level 6 and below. She elaborated that the most amount of calls from residents come in on the roads rated at levels 4, 5 and 6; and currently there are 101 miles of level 4 rated roads, 216 miles of level 5 rated roads and 264 miles of level 6 rated roads. She stated that the estimated cost to micro surface the level 6 rated roads is $11.4 million, and there is $275,000 in the Fiscal Year 2017 budget; the estimated cost to resurface the level 5 rated roads is $21.7 million, and there is no money budgeted for these improvements in FY 2017; the estimated cost to resurface the level 4 rated roads is $9.2 million, and there is $2.85 million in the FY 2017, with the total cost to improve the roads of critical concern at $42.4 million; however, there is $3.1 million in the FY 2017 budget.
Ms. Koontz then reviewed the paved shoulders in the County, presenting to the Board an image of a typical paved shoulder road, pointing out how it changes the look of the road. She stated that paved shoulders on County-maintained roads are typically 3 to 4 feet in width beyond the travel lane, and they provide numerous benefits to pedestrians and motorists in ways of safety, capacity and maintenance. She reported that the estimated cost to resurface an existing 24 foot wide road, is $110,880 per mile, and the estimated cost to add 4 foot paved shoulders on that same road is $776,760 per mile, assuming there is adequate right of way and drainage to support the increased width. She stated that there are 431 miles of collector roads without paved shoulders, and the cost to add paved shoulders to those 431 miles would be just over $256 million. She pointed out that future paved shoulder projects proposed within the 2017 through 2021 Transportation Construction Program are CR-466A at Picciola Road and CR-473 funded through a Local Agency Program (LAP) Grant and CR-466A Phase I and III funded through state grants and impact fees, adding that significant crash data is required to be eligible for state and federal grant funding.
Ms. Koontz stated that there are 118 miles of County maintained clay roads and they are graded by County staff every two weeks or more, determined by the weather. She commented that the department leases 6 motor graders at a total of $152,000 annually to achieve the task, and there is an estimated cost of $250 per mile, which equates to $767,000 annually for grading the total clay road inventory on a two-week cycle. She identified priority projects on the unfunded transportation program for paving clay roads. She stated that the estimated construction cost to pave a clay road ranges from $656,250 to $735,000 per mile with the cost dependent on design, permitting and right-of-way acquisition. She reported that would be an estimated cost of $77.4 million to $86.7 million to pave the 118 miles of County clay roads depending on project-specific drainage improvements required and right-of-way acquisition costs. She remarked that on the proposed 2017-2021 Transportation Construction Program there are no projects to pave clay roads.
Ms. Koontz showed examples of non-County maintained roads to the Board and noted these roads provide access to private properties, but have not been accepted by the Board into the County road maintenance system, and the maintenance responsibility lies with the adjacent property owners that utilize the road. She stated that these roads are typically not paved or well stabilized, weather can make them difficult to travel, and they may or may not have publicly dedicated right-of-ways. She reported that of the estimated 1,926 non-County maintained roads in unincorporated Lake County, over 1,000 of these roads have insufficient right-of-way and only a portion have 100 percent right-of-way. She pointed out that non-County maintained roads that are deemed impassable for emergency vehicles with right-of-way can be made passable by Public Works through a one-time maintenance option to a resident that costs up to $1,500. She said that the time and materials spent on the non-County maintained roads are considered unanticipated costs that are currently funded by the gas tax budget and to date $43,000 has been spent. She stated that the department proposes to revise the current procedure for installation of Emergency 911 road signage on non-County maintained public roads and historical private roads. She presented to the Board a sample of what the sign would look like. She reviewed that the current procedure is for a resident to request the sign, pay $35.00 for the sign, and then install and maintain the sign. She reported that the proposed new procedure is for the sign to be requested by the resident, but the County provides, installs and maintains the sign at no cost to the property owner. She stated that the minimum requirements for the request to be approved would be that the road is identified as a current 911 roadway and that there are minimum traffic volumes, minimum developed lots, and a connection to a County maintained roadway.
Ms. Koontz reviewed the process for the Special Assessment Program, stating that the process requires a 50 foot minimum public right-of-way, estimated cost and petitions are prepared by staff, supporting petitions are received from property owners with 55 percent front footage and the Board’s approval to authorize the project, advertise for bids and identify a funding source is completed. She stated that after construction is completed, the property owners have 30 days to pay the full assessment with no interest, and any unpaid balances are placed on the tax bill as a non-ad valorem assessment and then paid in annual installments for a 10-year period with interest at a prime rate plus 2 percent. She commented that there had been a request to look at additional options to the Special Assessment Program, and one of the options proposed is the use of Municipal Services Benefit Unit (MSBU) agreements. She stated that an MSBU is currently being used to provide residential street lighting but could be used as an alternative to the Special Assessment Program. She elaborated that the Special Assessment Program restricts the area to only those property owners with front footage; however, the MSBU would include all residents within the benefiting area that utilize the road. She explained that the allocation of cost within the benefitting area may be per lot, home site, front footage, acre or other equitable measure. The County would provide the initial funding, and the repayment would be collected through non-ad valorem assessment. She stated that if the Board approves the MSBU option, the program would be developed by the department and presented to the Board for consideration and to identify the funding source.
Mr. Fred Schneider, County Engineer for the Public Works Department, presented the North Hancock Road Extension and CR-466A Phase II to the Board as road construction projects that were recently completed. He stated that the Abrams Road sidewalk, CR-466A Phase I, Hartle Road Connection, Griffin View Drive/Harbor Hills Boulevard Intersection and Old Highway 441 milling and resurfacing are all projects that are currently under construction. He commented that under the Stormwater Municipal Servicing Taxing Unit (MSTU), there have been drainage improvements for Wolfbranch Sink and presented to the Board images showing where the department reinforced and completed walls in the box culverts and improved water quality. He reviewed the Board awarded projects for the North Hancock Trail Road Extension, pointing out that the expected date for the road to be open is March 2017. He stated that Citrus Grove Road Phase I has $1 million appropriated from the State of Florida Legislature for design and right-of-way acquisition and $1.5 million appropriated for construction that would start early 2018, Phase II has a developer’s agreement underway to provide impact fee credits to the developer for road construction and right-of-way donation, and Phase III has $1 million appropriated from the State of Florida Legislature for right-of-way acquisition. He reported that for CR-466A, Phase I is under construction to be completed by May 2017, Phase II construction was completed by The Villages in July 2016 and Phase III has $2.5 million funded for right-of-way acquisition and is projected to be completed by April 2018 but still needs construction funding, which will be $2.75 million from legislation, and the agreement will be sent March 2017. He reviewed other road construction projects, specifically pointing out the road roundabout for Old 441/CR-19A/Eudora Road and the Oswalt Road widening and resurfacing.
Mr. Stivender reviewed that the funding for capital and capacity projects consists of legislative appropriations and grants, road impact fees, funding partnerships and renewed sales tax. He stated that maintenance and operations funding consist of the Transportation Trust Fund Gas Tax and Renewal Sales Tax. He commented that the County has received $10.25 million dollars from State of Florida Legislative Appropriations, which have been dispersed throughout the CR-466A and Citrus Grove Road projects. He presented a map to the Board showing the Road Impact Fee Collections Fund Balance, pointing out that the total amount collected as of July 1, 2016 was $5,813,897. He reported that the Renewal Sales Tax Revenue has been stable at $6.6 million per year and listed the potential uses for that revenue. He reviewed the improvement costs and budget for the Capital Maintenance and Operations projects, pointing out the most critically needed improvements, which totals 92 miles of level 4-rated roads with a cost of $2.8 million. He summarized the Federal and State Grant Project list, the Road Impact Fees Proposed Project List, and the Renewal Sales Tax Project List and presented a map showing the locations that reflect all of the projects. He stated that the staff analysis notes that the road program presented was funded, with no additional funding needed to address other priorities such as increased need for road resurfacing, projects with paved shoulders beyond those presented, clay to pave projects and non-County maintained roads. He commented that the department will bring back before the Board an ordinance to address the proposed procedure for signage on non-County maintained roads. He requested that the Board approve the 2017-2021 Transportation Construction Programs that included the 2017-2021 Road Impact Fee Transportation Construction Program.
The Chairman opened the Public Hearing.
Ms. Keller, a resident who spoke earlier in the meeting, stated that the community around Challenger Drive in Tavares has grown and that it is dedicated to making the road passable, but there is a concern that other area residents will want to move due to poor road conditions. She commented that the current Special Assessment Program states the frontage owners would have to pay the fees to have the road fixed, and they cannot afford those costs. She remarked that the road is in such poor condition that a 4-wheel drive vehicle would be needed for EMS to get down it, and in some cases there could be no time to wait for one to get to the scene. She stated that she is in favor of the Board approving the proposed action and would appreciate the help in fixing the road.
Ms. Natalie Davidson, a resident of Tavares, moved to the area with the understanding that the road would be fixed. She stated that the biggest issue is that there is a large amount of traffic on the road, and the cars pull the dirt off of Challenger Drive when it rains and then the residents have to pay to have the dirt replaced. She commented that it only takes one bad rain to ruin the road, and even though she drives a small utility vehicle (SUV), the water will come in the doors of the SUV if she opens them. She remarked that drivers will try to drive quickly down the road which causes accidents, adding that phone poles and fences have been damaged. She pointed out that it is a dead-end road, because the other access point had been closed previously. She reported that at one time 30 loads of dirt were hauled in to fill the road, but it was gone within 3 months.
Mr. Tom Madden, a resident who spoke earlier in the meeting, stated that when school is in session, traffic backs up badly down U.S. Highway 27 near the Hartwood Marsh Road and U.S. Highway 27 intersection. He commented that it is due to a lack of a second lane, and now drivers have developed an alternative that takes them through the Vistas of Lady Lake neighborhood to make a U-turn, and then go back across the road, which makes it a dangerous intersection. He asked that the Board and Public Works move up the road construction in that area if possible.
Mr. Vance Jochim, a resident who spoke earlier in the meeting, stated there were sidewalk projects mentioned in the presentation, which are important to the local schools, and he asked if there was a plan or summary that could be provided of only the sidewalks so that the School Board could be kept up to date.
Commr. Conner pointed out that there is a summary, and it was reviewed with Chairman Bill Mathias of the Lake County School Board.
Mr. Stivender commented that there is a monthly meeting he attends with the School Board, and there is a review of the sidewalk and road updates that takes place.
Commr. Parks asked if there could be a map available of the County with the basic locations of sidewalks shown and if it could be added to the website so that residents can stay updated as well.
Commr. Conner noted that Challenger Drive is the road that he has received the most phone calls about since becoming a commissioner and wanted to know the best way to go about helping those residents. He opined that of all of the roads in his district, Challenger Drive is in the worst shape. He clarified with Mr. Stivender that it is a non-County maintained road.
Commr. Campione pointed out that the use of an MSBU would be a way to spread the cost across the community, especially with the residents of the community present to support that solution. She opined that it could be a model used in other locations and for resurfacing the roads in some other cases.
Commr. Cadwell commented that MSBU agreements do not work unless the whole community is in agreement, but having a group of residents like those from Challenger Drive, it is a good option that could work. He pointed out that due to the millage cap, the County could have to provide additional funds to the project to make the MSBU work. He remarked that even on Special Assessment agreements, the County has to fund a portion of the project, and he wondered if there could be a policy created that could be applied to other instances.
Mr. Stivender stated that a cost estimate for the project would be $1 million, and the challenge over time would be if the area residents could come up with the difference, which could be costly at 50 percent of the $1 million.
Commr. Sullivan stated that he receives phone calls on non-County maintained roads from the outlying areas, and he believes that a solution needs to be created to solve the safety issue. He opined that moving forward with the proposed new process for non-County maintained road signage was a good idea.
Mr. Heath stated that he would like for staff to do a financial analysis of the new signage process and bring it back to the Board due to the financial obligation that would be needed for the project to be successful.
Ms. Keller commented that the residents have obtained the right-of-way donations so that the road is the correct width and are very actively trying to assist the County in helping to get the road fixed.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Commr. Cadwell asked if the C.R. 561 and C.R. 561A interchange would be an east or west realignment.
Mr. Stivender stated that the interchange would be one-quarter of a mile north from the turnpike. He stated that the location is in an open field in the City of Minneola, and there are some property owners looking to annex into Minneola, so this is a viable option.
Commr. Cadwell commented that in the previous version of the sales tax guidelines, there was a percentage that went to transportation; however, in the new sales tax guidelines, there is not language that sets aside a percentage for transportation. He opined that there should be a percentage set aside, and he asked the Chairman to place that as a discussion point on the Board Retreat agenda. He suggested putting 30 percent aside so that the department does not have to compete with the other County requests that come before the Board during the sales tax process. He also asked that the discussion on the nickel gas tax be added to the agenda and to review General Fund allocations to assist in funding transportation projects. He pointed out that there will be many transportation pressures over the next 5 years, and looking at the deficit numbers shown in the presentation, there does not seem to be a current solution.
Mr. Heath commented that the Board retreat is scheduled for January 17, 2017, and in terms of the items brought forth by Commr. Cadwell, his recommendation was to have a discussion on November 22, 2016 to review all of the items.
Mr. Stivender asked for a consensus on the signage for the non-County maintained roads.
Commr. Campione clarified that a resident would need to request the sign and would not be required to pay the $35 fee. She opined that the signs give a level of protection to the residents and feels that the County should be more aggressive in initiating getting the signs placed, especially in areas where it is a real problem. She asked how the $1,500 one-time maintenance cost worked and wondered if it was possible to assess having a non-ad valorem tax placed instead of a one-time payment.
Mr. Stivender stated that the residents give the department the payment in full, and then staff goes out and fixes the road that needs the minor adjustments. He remarked that it could be more complicated with a non-ad valorem tax placed because of different property ownership, but the process right now is simplified by receiving the funds in full. He recalled that at the time when the cost and process were determined, Lake County was very rural and private contractors were charging a lot for minor adjustments, so the Board at the time felt as though offering the residents a less costly option with the County providing the services would be helpful.
Commr. Sullivan stated that he felt things were on track, and it was apparent that revenue sources would be important because the funding amount keeps growing.
Commr. Parks clarified that the unfunded clay-to-pave projects are needed, but there are no funds currently available to complete them.
Mr. Stivender stated that there had been some work done on them approximately 10 years prior, but they were not completed due to the downshift in the economy and are at different stages in the process. He commented that some of them are maintenance problems, such as conditions that do not allow for school buses to pass down the road to pick up students.
Commr. Parks asked if Baptist Island Road located in the City of Groveland could be added to the clay-to-pave project list. He stated that the road has had many complaints, and petitions have been submitted to have the road paved, especially with the increased traffic due to the South Lake Animal League being located on it, and he suggested that it be recognized on the unfunded project list. He commented on the importance of utilizing the County’s state and federal lobbyists.
Mr. Stivender reported that CR 466A, Citrus Grove Road, and sidewalks have been addressed at the state level.
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Transportation Construction Program and Road Impact Fee Transportation Construction Program for 2017 through 2021 with the addition of a new procedure for road signage on non-maintained County roads, adding Baptist Island Road located in the City of Groveland to the “Clay to Paved” project listing, and a consensus that a procedure will be developed by staff and brought before the Board regarding how to remedy the road conditions on Challenger Drive in the City of Tavares.
other business - appointments
public safety council
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the appointment of the following to the Public Safety Council:
Mr. Charles Broadway, Chief of Police for the City of Clermont, to the Police Chief seat for a no limit term.
Capt. Kenneth Coleman to the Director of the Detention Facility of the Department of Juvenile Justice seat for a no limit term.
Mr. Rick Bedson, Chief Probation Officer Circuit 5, to the Chief Probation Officer of the Department of Juvenile Justice seat for a no limit term.
Mr. Gary Cooney, Senior Chief Deputy Clerk, to the Local Court Administrator seat for a no limit term.
Mr. Jon Cherry, President/CEO of LifeStream’s Behavioral Center, to the Director of Community Health seat for a no limit term.
Ms. Susan Cizmadia, Circuit Administrator for Circuit 5 Florida Department of Corrections, to the State Probation Circuit Administrator seat to complete a four-year term ending July 12, 2017.
Ms. Karen Rogers, Substance Abuse Program Director at LifeStream Behavioral Health, to the Substance Abuse Program Director seat to complete a four-year term ending July 12, 2017.
reports – county manager
mike stone soccer complex
Mr. Heath commented that the Lake County Water Authority had suggested designating the soccer fields at Hickory Point Recreation Complex the “Mike Stone Soccer Complex” in memory of Mr. Mike Stone, Lake County Soccer Club President.
REPORTS – COMMISSIONER sullivan – DISTRICT 1
Commr. Sullivan opined that the meeting was productive and it was needed with upcoming fiscal decisions being made, especially in regards to transportation and roads.
REPORTS – COMMISSIONER CONNER – DISTRICT 3
Commr. Conner noted the presence of added security in the building as well as in the meeting and extended his appreciation to them and the Lake County Sheriff’s officer in attendance.
reports – commissioner PARKS – district 2
national association of counties
Commr. Parks congratulated Commissioner Cadwell on his leadership role and work within the National Association of Counties. He commented that he appreciates the experience Commr. Cadwell brings to the Board.
school board and board of county commissioners meeting
Commr. Parks reviewed the proposed agenda items submitted by the Lake County School Board for a joint meeting with the Board. He asked the Board to submit any agenda items they would like discussed at the joint meeting, which will take place September 19, 2016 from 4:00 p.m. to 6:00 p.m. at the Emergency Communication and Operations Center, 425 W. Alfred St., Tavares, FL 32778.
Mr. Heath requested that the agenda items be sent to him so that a master list could be put together and be submitted to the School Board. He pointed out that during the budget work sessions, there was discussion about United Arts and how it would relate to the School Board and also the interest in doing an alternative school impact fee study, which the County Attorney drafted and submitted to the School Board. He commented that it was possible that the issue of using overflow parking at the School Board locations would need to be addressed.
Commr. Cadwell pointed out that a lot of the proposed items were long-range issues, and with a new School Board taking office in November, he was concerned how the possible changes to the School Board members would affect resolving the issues.
Commr. Parks announced that USA Canoe/Kayak has chosen the Clermont Boathouse for its 2017 National Championship. He stated that it will bring in an estimated 1,000 room nights for the County, and he congratulated Robert Chandler and Adam Ashton, of the Economic Growth Department, for working so diligently with the City of Clermont and the Central Florida Sports Commission to bring the championship to Lake County.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:00 p.m.
sean M. parks, chairman
NEIL KELLY, CLERK