A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY
2, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday, May 2, 2006, at 9:00 a.m., in the Board of County
Commissioners’ Meeting Room, Lake County Administration Building, Tavares,
Florida. Commissioners present were Catherine C. Hanson, Chairman; Welton G.
Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool.
Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cynthia W.
“Cindy” Hall, County Manager; Wendy Taylor, Executive Office Manager, County
Manager’s Office; and Judy McAuley, Deputy Clerk.
INVOCATION AND PLEDGE
The
Reverend Dr. Isaac Deas, The Fathers House Christian Center, Leesburg, Florida,
gave the Invocation and led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, announced the addition of Addendum No. 1 with one
item under the County Manager’s Departmental Business and two rezoning public hearings
(Sorrento Village and Sorrento Hills, Inc.). She asked to pull Tab 8 from the
consent agenda and place it under Departmental Business for a presentation on
the Umatilla Health Clinic Project.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved to put an information item regarding Lake
County Day funds on the agenda.
MINUTES
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the Minutes of January 24, 2006, Regular
Meeting, as presented.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the Minutes of February 23, 2006, Special
Meeting, as presented.
On
a motion by Commr. Stivender, seconded by Commr. Cadwell and carried
unanimously, by a vote of 5-0, the Board approved the Minutes of April 11,
2006, Regular Meeting, as presented.
CLERK
OF COURT’S CONSENT AGENDA
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1
through 8, as follows:
List of Checks
or Warrants
Request to acknowledge receipt of list of checks or 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.
Contractor Bonds - New, Rider and Stipulation
New
6164-06 Curtis Sponer dba Design Electrical
Contracting
6471-06 Steve Bocas dba Steve Bocas Electric,
Inc.
6472-07 Danny L. Taylor dba 4-D Electric LLC
6473-06 Roger Ollanketo dba Sound Image of
Orlando, Inc.
Rider
6070-07 Change
principal’s name to read: Kevin Leutzinger dba Project Tile of Central Florida
(Bond No. 25424141).
Stipulation
4611-06 Bond
No. 98-PA-5695-7, on behalf of Randall Construction, effective March 22, 2006, said
bond is amended as follows: Principal’s name amended to: Randall Construction
LLC
Monthly Distribution of Revenue, Traffic/Criminal
Cases
Request to acknowledge receipt of Monthly Distribution
of Revenue, Traffic/Criminal Cases, Month Ending March 31, 2006. Disbursements
due to Board: $222,649.65. Same period last year: $164,555.89.
Southwest Florida Water Management District
Request to acknowledge receipt of Comprehensive Annual
Financial Report from the Southwest Florida Water Management District, for the
year ended September 30, 2005.
City of Tavares - Notice of Public Hearing - Proposed
Ordinance 2006-19
Request to acknowledge receipt from the City of
Tavares, Notice of Public Hearing, considering enactment of proposed Ordinance
2006-19, amending the Tavares Comprehensive Plan, providing for an amendment to
the density allowance for the commercial downtown district. Proposed Ordinance
2006-19 will be considered by: Tavares Planning & Zoning at 3 p.m., April
20, 2006; and Tavares City Council at 5 p.m., May 3, 2006; and Tavares City
Council at 5 p.m., May 17, 2006. Meetings will be conducted in the Tavares City
Council Chambers in City Hall at 201 East Main Street, Tavares, Florida.
City of Tavares - Notice of Public Hearing - Proposed
Resolution 2006-01
Request to acknowledge receipt from the City of
Tavares, Notice of Public Hearing, to consider enactment of proposed Resolution
2006-01, to vacate certain portions of public street rights-of-way within the
property generally known as the Lake Region property, located south of Ruby
Street, east of Sinclair Avenue and west of New Hampshire Avenue, Tavares,
Florida. Proposed Resolution 2006-01 will be considered by Tavares Planning
& Zoning at 3 p.m., April 20, 2006; and Tavares City Council at 5 p.m., May
3, 2006. Meetings will be conducted in the Tavares City Council Chambers in
City Hall at 201 East Main Street, Tavares, Florida.
City of Clermont - Notice of Proposed Annexation
Request to acknowledge receipt from the City of
Clermont, notice of proposed annexation of property generally located east of
Lake Minneola, south of C.R. 565-A and approximately one mile north of S.R. 50.
A public meeting to consider the annexation request will be held before the
City Council at City Hall, 685 West Montrose Street, Clermont, Florida, for
final enactment.
Village Center Community Development District
Request to acknowledge receipt from the Village Center
Community Development District, the 2005 Audited Financial Report (Basic
Financial Statements with Independent Auditors’ Report), dated September 30,
2005. The report is submitted pursuant to Florida Statutes 218.32.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3
through 16, pulling Tab 8 (for a presentation) and Tab 6 (for discussion) as
follows:
Budget
Request for
Budget transfer – General Fund,
Department of Growth Management, Public Lands. Transfer $150,000.00 from
Contractual Services to Professional Services. Funds for Professional Services
were incorrectly budgeted in Contractual Services. County Finance has requested
this budget transfer to prevent the need to override the Professional Services
account. Funds available in Contractual Services.
Request for
Budget transfer – General Fund, Department of Facilities Development and
Management, Facilities Management Division. Transfer $124,082.00 from Repair
and Maintenance to Utility Services. Additional funds are needed to pay the
unexpected increase in cost for utilities. Funds are available in Repair and
Maintenance. The funds for resealing the Judicial Center will not be needed, as
the reseal will be a part of the moisture study and renovation. The demolition
funds for the Umatilla Maintenance Barn will not be needed, because it will be
sold.
Request for
Budget transfer – General Fund, Department of Facilities Development and
Management, Facilities Management Division, Facilities Maintenance Section.
Transfer $35,074.00 from Facilities Maintenance: Repair and Maintenance to
Facilities Services: Overtime ($1,917.00), Contractual Services ($2,353.00),
and Repair and Maintenance ($30,804.00). Facilities Services was split from
Facilities Maintenance in Fiscal Year 2006. These funds need to be transferred
to the Facilities Services Section, as the responsibilities are included in
that section. Funds are needed in Overtime to oversee contractors after hours.
Funds are needed in Contractual Services for the increase in the carpet
cleaning contract. Funds are needed in Repair and Maintenance for the increase
in the lawn service contract and landscaping costs.
Economic Development and Tourism
Request for approval and signature of Proclamation 2006-75
designating May 13 through May 20, 2006 as National Tourism Week.
Growth Management
Request for approval and execution of a
Release of Fine for Robert E. and Janet E. Williams, Property Owner, Code Case
Number 2005010001.
Procurement Services
Request for approval and authorization of the
first Addendum to expand Starmer Ranaldi, Planning and Architecture, Inc.,
scope of work from schematic design (which was previously approved by the BCC)
to complete design services inclusive of the following phases: design
development, construction documents, bidding/negotiation, and construction
administration, for RSQ Number 05-097, South Tavares Complex. The Addendum
stipulates that the architects need further approval before they can proceed
beyond design development phase.
Public Works
Request for approval and signature on an Agreement between Lake
County, Florida, and the Anderson Hill Subdivision Homeowners Association
(HOA), which establishes responsibility for a retention pond between two lots
within the subdivision.
Request for approval and authorization to release a Letter of
Credit for Performance for Construction of Improvements in the total amount of
$846,060.00 that was posted for Blue Spring Lake. Blue Spring Lake consists of
34 lots, Commission District 3.
Request for approval and authorization to execute revised
Resolution 2006-76, (repeals and replaces Resolution 2005-97) accepting
Pinegate Trail and Totem Pole Terrace into the Lake County Road Maintenance
System. Lakewood Ranches consists of 149 lots, Commission District 4.
Request for approval and authorization to release a Letter of
Credit for Performance in the amount of $55,825.00 posted for Swiss Fairways
Phase II. Swiss Fairways Phase II consists of 21 lots, Commission District 2.
Request for approval and authorization to release a maintenance
bond in the amount of $231,689.16 posted for road improvements on CR 455 in
conjunction with Bella Collina. The Bella Collina project consists of 898 lots,
Commission Districts 2 and 3.
Request for approval and signature of the Subordination of Utility
Interests Agreement between Lake County and Florida Power Corporation d/b/a
Progress Energy Florida, Inc. for the following project: Progress Energy
Florida, Inc./Grand Highway/Citrus Tower Boulevard Intersection Signal Project.
Request for approval and authorization to release a Performance
Bond in the amount of $1,693,398.39, accept a Maintenance Bond in the amount of
$135,503.49, execute a Developer’s Agreement for Maintenance of Improvements between
Lake County and the Ryland Group, Inc., for the Windsong at Leesburg Plat, and
execute Resolution 2006-77 accepting the following roads into the County Road
Maintenance System: Windsong Oak Drive (County Road Number 3015), Meadow Breeze
Lane (County Road Number 3015A), Whisper Pine Drive (County Road Number 3015B),
Singing Lark Court (County Road Number 3015C) and Quiet Laurel Lane (County
Road Number 3015D). Windsong at Leesburg consists of 185 lots and is in
Commission District 3.
Request for approval to authorize and execute Resolution 2006-79
accepting Forest Drive (County Road Number 7498), Laurel Court (County Road
Number 7598), and Hillcrest Drive (County Road Number 7898D) into the County
Road Maintenance System, concerning Special Assessment Project Number 94 -
Forest Drive.
PUBLIC
LANDS DIVISION OF GROWTH MANAGEMENT
GRANT
APPLICATIONS TO FLORIDA COMMUNITIES TRUST
Mr.
David Hansen, Public Lands Manager, presented the request for approval and
authorization to submit three grant applications to Florida Communities Trust
to aid in the potential acquisition of properties. The properties are an
8.5-acre parcel on Dead River Road, a 166-acre parcel (Rickerson property)
adjacent to the Lake Norris Conservation Area Addition, and a 20-acre parcel on
the south side of the Wekiva River at the State Road 46 bridge. Mr. Hansen
showed a map of the Rickerson property. He showed an aerial photograph of the
Dead River Road parcel, which includes a 2.5-acre pond and canal access to the
Dead River. He explained that stormwater from Imperial Terrace-West, which now
dumps into a canal without treatment, would be piped to the pond. The pond may
be enlarged if necessary. The Dead River Road parcel is in the City of Tavares
city limits. (The map and photograph are included in the backup material.)
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the request for approval and authorization
to submit three grant applications to Florida Communities Trust to aid in the
potential acquisition of properties.
PERSONAL
APPEARANCES - EMPLOYEE AWARDS
Chairman
Hanson presented the following Employee Awards, with Ms. Sharon Wall, Employee
Services Director, giving brief remarks about each individual:
Presentation of
Award to Employees with Five Years of Service
Jose Bermudez-Sanchez, Assistant Veterans Service
Officer, Community Services/Citizen Support Services/Veterans Services
Dale Brannen, Mechanic/Welder/ Fabricator, Public
Works /Fleet Management
Mark A. Peck, Senior Maintenance Specialist,
Facilities Development & Management/Facilities Management/ Facilities
Maintenance
Annette S. Williams, Lead Permitting Specialist,
Growth Management/Building Services/Main Office
Presentation of
Award to Employees with Fifteen Years of Service
Norman R. Hurlburt, Energy Management Supervisor,
Facilities Development & Management/Facilities Management /Energy
Management (not present)
Presentation of
Award to Employees with Twenty Years of Service
James Bridgewater Jr., Aquatic Technician,
Environmental Services/Special Programs/ Mosquito/Aquatic Plant
Management/Aquatic Plant Management
Presentation of
Award to Employee with Twenty-Five Years of Service
Eric Cotsenmoyer, Mosquito & Aquatic Plant
Management Director, Environmental Services/Special Programs/Mosquito/Aquatic
Plant Management/Aquatic Plant Management
Presentation of Award to Retiring Employee with
Fifteen Years, Five Months of Service
Leon Burton, Environmental Inspector, Environmental Services,
Solid Waste Administration (not present)
Presentation of
Employee of the Quarter Award
Linda Maston, Office Associate III, Environmental
Services/Water Resources & Environmental Programs
Presentation of
Supervisor of the Quarter Award
Sheila Short, Planner, Team Supervisor, Growth
Management/Customer Service
Presentation of
Team Award to the STAR Team
Deborah Kohler, Public Hearing Coordinator, Growth
Management, Building Services
Cindy Heffler, Customer Services Specialist III,
Environmental Services, Administration
Lori Conway, Funding & Production Director, Public
Works, Funding & Production
Stephanie Glass, Teen Court Coordinator, Community
Services, Probation Services
Anna Lawver, Administrative Office Associate I,
Facilities Development & Management, Administration
Miriam Naas, Senior Employee Services Associate,
Employee Services
Marcia Johnson, Property and Liability Coordinator,
Employee Services
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
PRESENTATION
- FACILITIES DEVELOPMENT & MANAGEMENT
UMATILLA
HEALTH CLINIC PROJECT - SCHEMATIC DESIGN
Mr. Jim Bannon, Facilities
Development and Management Director, introduced Mr. Ronald
N. Lang, AIA, NCARB, Senior Vice President, Harvard Jolly, Inc., architects,
who presented the request for (1) approval to authorize and execute the first Addendum to cover
the balance of design services for the Umatilla Health Clinic Project and (2)
approval of the Schematic Design for the Project; using new and existing
building, as follows:
Regarding green building, Mr. Lang
confirmed that they will obtain a LEED® (Leadership in Energy and
Environmental Design) Silver Certificate. Commr. Hanson stated that she would
like to see more landscaping around the retention pond to make it more
attractive.
Under the first option, Mr. Lang
explained that about one-third of the walls will be changed, the mechanical
system will be replaced, the roof will be reworked, and the roof membrane will
be replaced.
Regarding a realistic timeframe for
completion, Mr. Lang stated that they would like to be done with construction
documents in three to four months and agreed that construction will take an
additional nine or ten months. Mr. Bannon stated that he will be coming back to
the Board periodically with updates on costs and the schedule. He added that a
construction manager has been chosen and a contract with him will be expedited.
He stressed that the clinic will be built as quickly as possible.
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the request from Facilities Development & Management for
(1) approval to
authorize and execute the first Addendum to cover the balance of design
services for the Umatilla Health Clinic Project and (2) approval of the
Schematic Design for the Project, using the existing building.
COUNTY MANAGER’S DEPARTMENTAL
BUSINESS
GROWTH MANAGEMENT
CODE ENFORCEMENT OFFICER POSITION
Ms. Carol Stricklin, Growth
Management Director, presented the request for approval and authorization of a
Code Enforcement Officer Position and associated Budget Transfer from General
Fund Reserves in the amount of $48,745.00 to support new efforts of the Lake
County Sheriff’s Office and Community Enhancement Program. She explained that
this position will allow Code Enforcement to undertake proactive and
community-oriented Code Enforcement activities, particularly related to the
abatement of unsafe, blighted and neglected structures. Code Enforcement will
be partnering with the Sheriff’s Office and the Community Enhancement Program
to improve community conditions.
Regarding Commr. Hill’s concern for
the safety of Code Enforcement Officers, Ms. Stricklin stated that they will
work closely with the Sheriff’s Office. She stated that the Code Enforcement
Officers are trained in those aspects of safety. She agreed with Commr. Cadwell
that the Code Enforcement Officer would follow up the next day and not
participate in the enforcement action itself.
A motion was made by Commr. Pool and
seconded by Commr. Stivender for approval of the request for a Code Enforcement
Officer Position and associated Budget Transfer from General Fund Reserves in
the amount of $48,745.00 to support new efforts of the Lake County Sheriff’s
Office and Community Enhancement Program.
Under discussion, Commr. Cadwell
stated that this is the first step Lake County is taking to address the meth
(methamphetamine) problem which is everywhere and will continue to grow. He
stated that we will have to stay on top of that issue from an environmental
end, a law enforcement end and a code end.
Commr. Hanson called for a vote on
the motion which carried unanimously by a 5-0 vote.
PUBLIC SAFETY
SPAY/NEUTER PROGRAM AT LAKE COUNTY
ANIMAL SERVICES
Mr. Gary Kaiser, Public Safety
Director/Fire Chief, presented the request from Public Safety for approval of
the expenditure of the Animal Shelter Trust Fund monies for the purpose of
establishing and operating a spay/neuter program at Lake County Animal Services
for adopted dogs/cats. This program would provide more services to the animal
and new animal owner at a lower cost for both the County and the public. He
noted that Ms. Marjorie Boyd, Animal Control Director, is present to answer
specific questions.
Commr. Stivender stated that she
talked to the County Manager and the Public Safety Director regarding the fact
that the Animal Services facility needs to be expanded. She asked the Board to
keep that in mind during the budget process.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the expenditure of the Animal Shelter Trust Fund monies for the
purpose of establishing and operating a spay/neuter program at Lake County
Animal Services for adopted dogs/cats.
PUBLIC WORKS
ADVERTISE ORDINANCE AMENDING LAND
DEVELOPMENT REGULATIONS
On a motion by Commr. Cadwell,
seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the
Board approved the request from Public Works for approval to advertise an
ordinance amending Section 14.07.05, Land Development Regulations, entitled
“Construction Requirements,” to require subdivision developers to comply with
FDOT pavement marking and testing standards.
SUPPLEMENTAL LOCAL AGENCY PROGRAM
(LAP)
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved
the request from Public Works for the adoption of Resolution 2006-80 and
approved the Supplemental Local Agency Program (LAP) Agreements with the
Florida Department of Transportation (FDOT) for CR 48 Paved Shoulders
construction, Lakeshore Drive Paved Shoulders construction, and South Lake
Trail/Lake Minneola Trail Phase II construction to reflect the following
changes to the original LAP Agreements as required by the U.S. Inspector
General’s Office: adds the Dun and Bradstreet Data Universal Numbering System
(DUNS) number (80-939-7102); and amends the Single Audit Language in Section
5.04 Audit Reports of the original Agreement.
PUBLIC
WORKS - ADDENDUM NO. 1
FLORIDA
COMMUNITIES TRUST GRANT APPLICATION - NORTHEAST COMMUNITY PARK
A
motion was made by Commr. Cadwell and seconded by Commr. Hill for Board
approval to submit a Florida Communities Trust (FCT) Grant application for the
reimbursement of $467,750.00 which is 45 percent of the purchase price of
$1,035,000.00; and approval to commit $467,750.00 reimbursed funds to continue
Phase II of the construction of the Northeast Community Park, if the grant is
awarded to Lake County.
Under discussion, and response to
Commr. Pool’s inquiry as to whether it helps to make application in advance or
arrears, Ms. Cindy Hall, County Manager, confirmed that you get more points for
having purchased the land.
Commr. Hanson asked if funding is
available for parks and recreational buildings from FCT. Ms. Hall opined that
funding for land is available from FCT and funds for buildings and development
can be applied for through different grants from different agencies.
In addressing Mr. Jim Stivender, Jr.,
Public Works Director, Commr. Cadwell stated that, hopefully, we are moving
forward with the park. Mr. Stivender confirmed that the contract for the orange
crop is not being renewed this year. He stated that grubbing and clearing will
be done this summer. Commr. Cadwell stated that he considers summer to be here
and everyone in Umatilla is anxiously awaiting completion of the park.
Commr. Hanson called for a vote on
the motion which carried unanimously, by a 5-0 vote.
INTRODUCTION
Mr.
Jim Stivender, Jr., Public Works Director, introduced Mr. David Vasquez who is
the new Director of the Fleet Management Division.
OTHER BUSINESS
APPOINTMENTS - ELDER AFFAIRS
COORDINATING COUNCIL
On a motion by Commr. Hill, seconded
by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board
appointed the following persons as at-large members to the Elder Affairs
Coordinating Council:
·
Ms. Catherine Bailey - term ending January 31, 2007
·
Ms. Deanna Chapman - term ending January 31, 2007
·
Ms. Linda McFadden - term ending
January 31, 2008
Commr. Hill noted that another Elder
Affairs symposium will be held this fall.
APPOINTMENT - HISTORICAL MUSEUM
ADVISORY COMMITTEE
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
appointed Mr. Paul Rodgers to the Historical Museum Advisory Committee as a
member of the public at large for a three-year term ending March 28, 2009.
APPOINTMENT - MT. PLYMOUTH-SORRENTO
PLANNING ADVISORY COMMITTEE
On a motion by Commr. Pool, seconded
by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board
postponed the appointment of individuals to two vacant positions on the Mt.
Plymouth-Sorrento Planning Advisory Committee.
APPOINTMENT/REAPPOINTMENTS - LAKE
COUNTY PARKS AND RECREATION ADVISORY BOARD
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
appointed/reappointed the following persons to vacant positions on the Lake
County Parks and Recreation Advisory Board, serving two-year terms beginning
May 20, 2006:
·
Dawn McDonald -
appointed as designee of the Lake County School Board
·
Jim Myers, Jr. -
reappointed as representative of the Lake County League of Cities
·
Michael Perry -
reappointed as representative of the Lake County Water Authority
·
Michael
Stone - reappointed as at-large member who is a resident of the unincorporated
area of Lake County
Commr. Hanson noted that the
appointment to fill the vacancy of a representative of County Commission
District 4 will be postponed until additional applications are received.
REPORTS - COUNTY ATTORNEY
CLOSED SESSION
Mr.
Sandy Minkoff, County Attorney, advised that he would like to schedule a closed
session, lasting probably thirty minutes, for the third week of this month, to
address general litigation.
REPORTS - COUNTY MANAGER
UPDATE ON BRUSHFIRE
Mr.
Gary Kaiser, Public Safety Director, gave a briefing on the Far Reach II Fire
in the Tavares area (near County Road 561 and County Road 448). About 633 acres
have burned, with 430 of those acres being back-burned by the Division of
Forestry. (An aerial photograph is included in the backup material.) Since
Saturday, April 29, about $6,300 has been spent on suppression costs. The fire
is totally contained with a 100% line around the fire. He stressed that the
fire has not been out of control. Smoke from the fire may continue for about
two weeks.
Commr.
Stivender commented that Tavares Middle School will not be closed but all PE
classes and other activities will be held indoors because of smoke and ashes.
Mr.
Kaiser confirmed that crews have been doubled on every brushfire call and will
remain so as long as the drought index is over 500.
REPORTS - COMMISSIONER HILL -
DISTRICT #1
SHERIFF’S VOLUNTEER BANQUET
Commr.
Hill announced that she and Commr. Pool attended the recent Sheriff’s volunteer
banquet. About $200,000 in volunteer hours have been contributed over the last
several years. She noted that Lake County’s Volunteer Banquet will be held May
3, 2006.
REPORTS - COMMISSIONER STIVENDER -
DISTRICT #3
PROCLAMATION - PROVIDER APPRECIATION
DAY
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the execution of Proclamation 2006-78 declaring May 5, 2006, as
Provider Appreciation Day.
LAKE COUNTY DAY
Commr. Stivender explained that, over
the past few years, the County has been the lead in organizing Lake County Day.
Now that the Chamber Alliance of Lake County is operational, the Lake County
Day committee suggested that the business funds be transferred into an account
so that the business community can get more involved.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the transfer of Lake County Day business funds into an account under
the Chamber Alliance of Lake County.
Commr. Stivender advised that the
Lake County Day committee has asked her to be a member of the new committee.
REPORTS - COMMISSIONER CADWELL -
DISTRICT #5
FLORIDA ASSOCIATION OF COUNTIES
Commr.
Cadwell gave an update on his term as President of the Florida Association of
Counties. A CRA (Community Redevelopment Agency) bill was passed this week and
it is anticipated that Governor Jeb Bush will sign it. They are still working
through the impact fee and the county preemption legislations. He stated that
the annexation bill is looking better today than it did yesterday.
REPORTS - COMMISSIONER HANSON -
DISTRICT #4
DEVELOPMENT OF REGIONAL IMPACT (DRI)
PROCESS
Regarding
the DRI (Development of Regional Impact) process, Commr. Hanson suggested that it
would be helpful to the Board if the Department of Growth Management would make
a presentation that includes a checklist on smart-growth items.
Commr.
Cadwell agreed but stated that it should be rules that have been adopted by the
Board.
Ms.
Cindy Hall, County Manager, stated that staff will come up with some
generalized criteria that they would recommend for the Board that could be
applied to the subsequent processes that will come before the Board.
SHETLAND TRAIL - SPECIAL ASSESSMENT
LIENS
Commr.
Hanson stated that the Board previously approved a special assessment on
Shetland Trail in Sorrento. She stated that, because that road project is not
happening for a lot of reasons, and because liens have been placed on those
properties, those liens need to be removed. An in-house project, probably
something less than solid pavement, is being considered and will probably
reduce the price. Information will come back before the Board for a special
assessment for the in-house work which should be substantially less than the
original assessment. She stated that, in the meantime, those original liens
need to be removed.
Mr.
Sandy Minkoff, County Attorney, stated that a resolution would be needed for
action to remove the liens. One person has paid and a refund process will be
worked out for that person.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously, by a vote of 5-0, the Board approved Resolution 2006-81, subject
to the County Attorney’s approval, to remove special assessment liens on
Shetland Trail (Sorrento) properties.
LAKE COUNTY CITIZENS’ ACADEMY
Commr.
Hanson stated that the Lake County Citizens’ Academy is functioning very well.
She suggested that the Board consider the opportunity to begin a
leadership-type group of alumni of the Citizens’ Academy for periodic meetings.
This could be for educational purposes as well as bringing back alumni
suggestions to County government. She asked the County Manager to bring
recommendations to the Board.
SCHEMATIC DESIGN MEETINGS FOR JUDICIAL
CENTER EXPANSION
Commr.
Hanson stated that an e-mail to the County Manager mentioned a suggestion that
was made by Mr. James Watkins, Clerk of Courts, and agreed to by Administrative
Judge Don Briggs, that the Board designate a Commissioner or a representative
to attend meetings on the schematic design for the Judicial Center expansion.
She remarked that this group may be meeting once a week and that she might not
be able to attend those meetings.
Commr.
Hill stated that she is the liaison for Capital Improvements and has the time
and would be willing to attend those meetings.
Ms.
Cindy Hall, County Manager, explained that, as the designs move forward for all
of the buildings, there have been ongoing meetings, usually every Friday, with
the stakeholders who are the occupants of the buildings.
Mr.
Sandy Minkoff, County Attorney, stressed that there is no group or committee.
Those are not public meetings, just meetings with stakeholders and staff;
therefore, it would be anticipated that only one Commissioner would attend the
meetings.
There
was consensus that Commr. Hill will attend the meetings.
CITIZEN
QUESTION AND COMMENT PERIOD
Travis
Whigham
Mr.
Travis Whigham, Forest Hills Association, thanked Commr. Stivender for her work
with the Lake County Safe Climate Coalition to help steer children away from
underage drinking and drugs. He thanked the Board for a public bus route that
begins one day per week on May 12 (Paisley area to DeLand). He thanked the
Board for the mobile health clinic and asked for professional signs that can be
placed in various neighborhoods to notify residents of the days the clinic will
be in their area. He offered to place the signs if staff can make them. He
asked the Board to push forward on the Jewel Drive road project so that fire trucks
and police units can access the Forest Hills/Lake Mack community. Mr. Whigham
advised that he may be working in Daytona soon and unable to attend Board
meetings on a regular basis. He stated that he will continue to work to meet
all the needs of the community.
Commr.
Hanson commented that it will be difficult to get a handle on the meth lab
problem without having more of the rural roads paved. She stated that Jewel
Drive and Bigfoot Way need to be paved and maintained by the County and need to
be connected to Pine Lakes. She stated that deputies cannot and will not patrol
those dirt roads on a regular basis. She strongly encouraged the Board to
support staff moving forward on paving or double surface treating or some other
method of stabilizing Jewel Drive.
Commr.
Cadwell asked if staff can bring an update to the next Board workshop or
retreat.
Mr.
Jim Stivender, Jr., Director of Public Works, stated that there are some right
of way issues and design issues within the County’s right of way. He advised that
a consultant would need to be hired to evaluate the corridor. He will bring a
presentation, including costs, back to the Board.
RECESS & REASSEMBLY
At 10:15 a.m., Commr. Hanson
announced a recess until 2:00 p.m.
PUBLIC HEARINGS - REZONINGS
REZONING CASE PH#38-06-4 - SORRENTO
VILLAGE, JAY E. FOLK, VP - MCINTOSH & ASSOCIATES - TRACKING NO. 49-06-PUD
REZONING CASE PH#13-06-4 - SORRENTO
HILLS, INC. - JOHN GRAY, JR., MANAGER, EAGLE DUNES - TRACKING NO. 13-06-PUD
Commr. Hanson disclosed a potential conflict
of interest for the record. She stated that her son rents a home that is
adjacent to property in question for Sorrento Village and explained that a road
may go though her son’s landlord’s property. With an abundance of caution and
conservatism and on the advice of the County Attorney, she announced that she
will be abstaining today from any vote or discussion on Rezoning Case
PH#38-06-4; Sorrento Village, Jay E. Folk, VP; McIntosh & Associates;
Tracking No. 49-06-PUD. (Form 8B Memorandum of Voting Conflict for County,
Municipal, and Other Local Public Officers was submitted by Commr. Hanson and
is included in the backup material.)
Commr. Hanson, Chairman, passed the
gavel to Commr. Cadwell, Vice Chairman, and left the meeting temporarily.
REZONING CASE PH#38-06-4 - SORRENTO
VILLAGE, JAY E. FOLK, VP - MCINTOSH & ASSOCIATES - TRACKING NO. 49-06-PUD
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management, stated that
representing attorneys for both cases would like to address the Board and
request a postponement.
Commr. Cadwell called for comments
from the applicant’s representative for Rezoning Case PH#38-06-4; Sorrento
Village, Jay E. Folk, VP; McIntosh & Associates; Tracking No. 49-06-PUD.
Mr. Steve Richey, Attorney,
representing the applicant, stated that the School Board passed a resolution
yesterday asking that we not proceed with this case until we have had an
opportunity to meet with School Board staff to work on the location and
conditions of the school site, which is a part of the PUD request. He asked
that the case be continued until July 25, 2006 based on the request by the
School Board to the Commissioners. He stated that he had met with Ms. Leslie
Campione and some of her clients and she represented yesterday that there were
some unresolved issues and she thought, if a continuance were granted, those
issues could be worked out. He stated that he did not meet with his clients
after the School Board’s workshop and that is why he is coming before the Board
today with this request.
Ms. Leslie Campione, Attorney,
representing the opposition, remarked that she did not recall telling Mr.
Richey that she was in favor of a postponement. She stated that they attended
the School Board meeting yesterday because the rezoning issue was on their
agenda. The PUD shows a 19-acre school site that becomes zoned as a school site
if the PUD were to be adopted. She stated that only School Board Member Larry
Metz had knowledge of it and the other School Board members wanted to learn
more about the development and the proposal. She stated that the school site
issues that concern the School Board are that there is not yet road right of
way that would allow that school to go to the intersection of State Road 46 and
County Road 437. She stated that a second issue for the School Board is that
there is no guarantee that water and sewer will be available until a study is
done. She stated that she raised another issue that the location is not
necessarily the best location for the people she represents because it is in
the middle of the lowest density area as opposed to being internal to the
subdivision. Ms. Campione stated that this Board has to deal with the land use
issues. She opined that, asking for a continuance today because the School
Board asked for it, is a manipulation of this process. She thinks the School
Board did not know what else to do and they had difficulty framing their
motion. She remarked that the developer has to deal with the issues that he
does not have right of way and that it is not the best site. She stated that
the audience members want to talk to the Board about those issues.
Commr. Cadwell asked Ms. Campione if
it was her understanding, when she left the School Board meeting, that the
School Board was requesting that the hearing be postponed. Ms. Campione replied
that she thinks they did not know what else to do because they felt these are
issues that have to be resolved.
Mr. Richey stated that Ms. Campione
asked the School Board to ask this Board to continue this case. He stated that
the School Board did that in response to her request. He stated that that it
needs to be clear that he was asked, based on her request, if he could continue
it and he did not have authority to do it yesterday.
In response to Commr. Cadwell’s
inquiry about an official request from the School Board, Ms. Dawn McDonald,
Senior Planner, Lake County School District, read into the record from a May 2,
2006, document from the School Board as follows: “We recommend to the Board of
County Commissioners that there are enough unresolved issues in this PUD that
we request that they delay the hearing so that we might work further with the
developer on potential school sites.” (The document, on Lake County Schools’
letterhead, was presented to the Deputy Clerk and was marked as Exhibit A for
the School Board.) Ms. McDonald stated that, overall, the School Board wishes
that staff continue to work with the applicant to work out some of these
issues. She added that the School Board listened to some resident input
yesterday.
Commr. Cadwell agreed with Ms.
Campione that there are a lot of issues with this site besides the school. He
explained that this Board has always erred on the side of trying to cooperate
with the School Board.
Commr. Cadwell opened the public
hearing and called for public comment on the postponement.
Commr. Cadwell asked the people being
represented by Ms. Campione to raise their hands and asked Ms. Campione if her
clients have a problem with the postponement, knowing that she prefers not to
postpone the hearing. Ms. Campione asked her clients to raise their hands if
they have a problem with the postponement (to July 25, 2006) and opined that
she is adequately representing what their feeling is on this. Commr. Cadwell
stated that he understands the frustration of this being their second meeting,
but again, this Board would generally err on the side of the request from
another governmental entity.
Ms. Campione asked what Mr. Richey
intends to do between now and July 25. Mr. Richey stated that he thinks there
are clearly some things the School Board asked questions about yesterday. One
was the access which they need to provide information on and the second thing
is a request of Ms. Campione’s clients to look at relocating the site within
the PUD to have it more palatable for them. He stated that his understanding is
that the School Board directed their staff, as a priority, to sit down with him
and try to work out issues, such as buffering, if the site were to be left
where it is because compatibility is the issue Ms. Campione raised yesterday.
He stated that they have been meeting with staff since December but yesterday
was the first time the School Board gave staff direction to sit down and try to
work out the issues. He stated that they may not be able to do that. He stated
that, if that is not worked out by July 25, they will come back to this Board
with whatever plan they have and this Board can decide it then.
Commr. Cadwell asked if Commr.
Stivender will be here this afternoon and Ms. Cindy Hall, County Manager,
replied that Commr. Stivender indicated she may not be able to be present.
Ms. Campione asked to say to her
clients that if what she said yesterday was an actual request for a
postponement of this case, it was not.
Commr. Cadwell closed the public
hearing regarding the postponement.
Commr. Pool stated that this Board
should honor the School Board’s request and it does not make sense to go
forward without clear communication and clear understanding.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried, by a vote of 3-0, the Board approved the
postponement, until July 25, 2006, and per the Lake County School Board’s
request, on Rezoning Case PH#38-06-4; Sorrento Village, Jay E. Folk, VP;
McIntosh & Associates; Tracking No. 49-06-PUD.
Commr. Hanson was not present for the
vote, having previously announced that she would abstain from the vote and the
discussion.
Commr. Stivender was not present.
REZONING CASE PH#13-06-4 - SORRENTO
HILLS, INC. - JOHN GRAY, JR., MANAGER, EAGLE DUNES - TRACKING NO. 13-06-PUD
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management, stated that
the applicant in Rezoning Case PH#13-06-4; Sorrento Hills, Inc.; John Gray,
Jr., Manager, Eagle Dunes; Tracking No. 13-06-PUD is requesting a postponement.
At 2:15 p.m., Commr. Hanson,
Chairman, returned to the meeting and Commr. Cadwell, Vice Chairman, passed the
gavel back to her.
Mr. Jimmy Crawford, Attorney,
GrayRobinson, P.A., stated that he represents the applicant. He reminded the
Board that he came last week ready to hear the case and the neighbors and their
attorney presented a written request for a postponement. For the record, he
submitted a copy of Leslie Campione’s April 24, 2006, letter addressed to
Commr. Hanson (the letter was marked as Exhibit A-1 for the applicant). He
stated that Ms. Campione requested a postponement “until the entire Commission
is in attendance” because it was an issue of extreme importance to the
community and because it “is a difficult task that should be undertaken with
the input of each one of the County Commissioners.” He stated that he has never
asked for a postponement in this case but, unexpectedly, there is a County
Commissioner gone today. He stated that, pursuant to the opposition’s request
last week, he requests a short postponement, not 60 days. He stated that they
would like to have the hearing the first time five Commissioners are present.
Commr. Cadwell suggested that, if
this case is postponed, both cases could probably be done on the same timeframe
because both cases affect the same people and they will be frustrated enough
when they leave today. Mr. Crawford stated that he will have people out of the
country at the end of July and there is a closing on this property before then.
He reiterated his request for the next possible hearing at which five
Commissioners are present.
Commr. Cadwell stated that he feels
somewhat responsible because he was not at last week’s meeting. He apologized
and explained that he was in Tallahassee because of his commitment to Lake
County and the other Florida counties for this one year (as President of the
Florida Association of Counties). He stated that his absence put Ms. Campione
in a bad situation. He stated that he feels a responsibility to the folks
present and he knows these types of proceedings make people hate government. He
stated that, if Ms. Campione’s request was for a postponement last week because
the full Board was not present, it will be hard to not grant today’s request.
Ms. Campione noted the impact both cases have on the same area. She opined that
it is only fair that these meetings be scheduled for the same day so that these
folks do not have to attend two different meetings. Commr. Cadwell agreed.
Commr. Hanson opened the public
hearing and called for public comment on the postponement.
Commr. Hanson stated that Ms.
Campione represents the majority of folks in the audience and she has agreed, if
it is to be postponed, that it be postponed at least 60 days so that both cases
can be heard at the same time.
A motion was made by Commr. Cadwell
and seconded by Commr. Pool to postpone, until July 25, 2006, Rezoning Case
PH#13-06-4; Sorrento Hills, Inc.; John Gray, Jr., Manager, Eagle Dunes;
Tracking No. 13-06-PUD.
Board members agreed with Ms.
Campione that those two cases can be first on the Board’s July 25 rezoning
agenda.
Under discussion, Commr. Pool noted
that Mr. Crawford wishes to speak.
Mr. Crawford stated that they had
their first meeting with the County, and received a letter from Mr. Jeff
Richardson (former Planning Manager, Planning and Development Services), more
than 18 months ago. He stated that, at that time, they had a closing which they
postponed. He stated that his client is going to make a multi-million dollar
investment based on a very uncertain vote. He reiterated his request for a
hearing earlier than July and he noted that the regular zoning meeting is the
end of this month. He apologized to the audience, most of whom are not present
for this case, and stated that it is really important to come back before the
first of June.
Commr. Cadwell asked if Mr. Crawford
wants to hear the case today. Mr. Crawford stated that he does not.
Commr. Hanson mentioned that this
applicant did not request the postponement last week and she stated that she
does not have a problem with 60 days. She added that probably is the best we
can do today unless it is heard today.
Commr. Hanson called for a vote on
the motion, which carried by a vote of 4-0, whereby the Board approved the
postponement, until July 25, 2006, of Rezoning Case PH#13-06-4, Sorrento Hills,
Inc., John Gray, Jr., Manager, Eagle Dunes, Tracking No. 13-06-PUD.
Commissioner Stivender was not
present.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 2:25 p.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK