A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST
1, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday, August 1, 2006, at 9:00 a.m., in the Board of County
Commissioners’ Meeting Room, Lake County Administration Building, Tavares,
Florida. Commissioners present: Catherine C. Hanson, Chairman; Welton G.
Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool.
Others present: Sanford A. “Sandy” Minkoff, County Attorney; Cynthia W. “Cindy”
Hall, County Manager; Linda Green, Executive Associate, Board of County
Commissioners’ Office; and Judy McAuley, Deputy Clerk.
INVOCATION AND PLEDGE
Mr.
Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of
Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, noted that the emergency management staff is
requesting grant approval for $6 million rather than $5.5 million as shown in
Tab 10.
CLERK
OF COURT’S CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 1,
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.
Monthly Distribution of Revenue, Traffic/Criminal
Cases
Request to acknowledge receipt of Monthly Distribution
of Revenue, Traffic/Criminal Cases, Month Ending June 30, 2006. Disbursements
due to Board: $183,679.85. Same period last year: $169,621.23.
Proposed Budget - Village Center Community Development
District (CDD)
Request to acknowledge receipt of copy of proposed
budget for Village Center Community Development District (CDD) for Fiscal Year
2006/2007, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.
City of Fruitland Park - Comprehensive Annual
Financial Report
Request to acknowledge receipt of Comprehensive Annual
Financial Report from the City of Fruitland Park, for the period ending
September 30, 2005, in compliance with Section 12 of the Interlocal Agreement
between Lake County and the City of Fruitland Park Relating to the Provision of
Library Services.
City of Clermont - Ordinance 549-M
Request to acknowledge receipt of Ordinance No. 549-M,
from the City of Clermont, closing and permanently abandoning that portion of
Juniata Street, lying east of 8th Street and west of 7th Street, in the City of
Clermont. Passed and ordained by the City Council of the City of Clermont, Lake
County, Florida, the 13th day of June 2006.
Public Service Commission
Request to acknowledge receipt from Public Service
Commission, In re: Petition for approval of revised underground residential
distribution tariffs, by Progress Energy Florida, Inc., Docket No. 060017-EI,
Order No. PSC-06-0587-CO-EI, Issued July 6, 2006. By Order No.
PSC-06-0479-TRF-EI, issued June 5, 2006, the Commission proposed to take
certain action, subject to a petition for formal proceeding as provided in Rule
25-22.029, Florida Administrative Code. No response has been filed to the
order; it is therefore ordered that Order No. PSC-06-0479-TRF-EI has become
effective and final the 6th day of July, 2006.
Proposed Budget - Arlington Ridge Community
Development District (CDD)
Request to acknowledge receipt of Notice of Public
Hearing to adopt proposed operating budget for Fiscal Year 2007 received from
Arlington Ridge Community Development District. The District’s public hearing
is scheduled as follows: August 7, 2006, 2:30 p.m., Arlington Ridge
Administration Building, 4463 Arlington Ridge Boulevard, Leesburg, Florida.
Pari-Mutuel Bonds Transfer
Request to approve consent of the transfer of paying
agent services for the Pari-Mutuel Bonds, Series 2000 from Wachovia Bank to U S
Bank. Wachovia has been the paying agent for the Pari-Mutuel bonds since they
were issued in 2000. On December 30, 2005, Wachovia sold its corporate trust
business to U S Bank. This is a request for the County to consent to the
appointment of U S Bank as paying agent for the bonds.
COUNTY
MANAGER’S CONSENT AGENDA
Commr.
Cadwell asked that Tab 5 of the County Manager’s Consent Agenda be pulled for
discussion and Mr. Minkoff asked that Tab 15 be pulled for a short discussion.
Regarding
Tab 5, approval to hold a Smart Growth Workshop on Friday, September 22, 2006,
and to solicit donations to support the event, Ms. Carol Stricklin, Growth
Management Director, stated that they are currently soliciting Requests for Proposals (RFPs) to
perform a smart growth audit which is a review of the County’s Land Development
Regulations (LDRs), the proposed Comprehensive Plan and other growth management
programs against the principles of smart growth. They are proposing to kick off
the review process with a community educational event in September. She stated
that they are asking to pull Tab 5 today because they would like to push the
event back into October. She stated that they will not be soliciting donations
but will be using next year’s budget to support the event.
Commr. Cadwell suggested bringing
this item back after the Comprehensive Plan is finished.
Ms. Stricklin stated that staff would
bring back to the Board, in late August or early September, a request to award
the contract for the smart growth audit. She stated that the summit will be
rescheduled at the Board’s pleasure.
Commr. Stivender agreed with Commr.
Cadwell that we need to wait until the Comprehensive Plan is in place.
Ms. Stricklin advised that the Local
Planning Agency (LPA) is scheduled to finish their work on August 17, 2006, and
there are two worksessions scheduled before the Board of County Commissioners
in September with a projected transmittal date by the Board on October 3, 2006.
Commissioners Stivender and Hanson
agreed that the audit could be put off until after October 3.
Ms. Stricklin stated that they would
like to bring the consultant on board and hold the kick-off event, timing it
more appropriately with the Comprehensive Plan.
Commr. Cadwell stated that he does
not want to do anything that will make the Comprehensive Plan more convoluted.
He suggested maybe waiting until after November and Commr. Hanson agreed.
Commr. Hanson stated that Tab 5 will
be pulled from the County Manager’s Consent Agenda.
Regarding
Tab 15, the request to accept the final plat for Sugarloaf Mountain Unit 1B and
a performance bond in the amount of $7,537,916.05, Mr. Minkoff stated that the bond
amount shown in the agenda is not correct. He stated that some improvements are
necessary in order for the subdivision to go forward that were not included in
that estimate. He asked that the plat be approved today, understanding that the
new bond amount will be worked out in the 30 days given to record the plat. If
that cannot be done, it will be brought back to the Board. He stated that the
bond amount is probably $1 million or $1.5 million short from the amount shown
in the agenda.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2
through 20, amending Tabs 10 and 15, and pulling Tab 5, as follows:
Budget
Request for
Budget transfer – General Fund,
Department of Facilities Development and
Management Services, Facilities Management Division, Jail Maintenance Section. Transfer
$30,000.00 from Buildings to Repair and Maintenance. Additional funds are
needed for an unanticipated project in a leased building. Funds available in
Buildings for unanticipated projects.
Request from Budget for approval of Resolution
2006-125 to amend the General Fund in order to receive unanticipated revenue
for Fiscal Year 2005/2006 in the amount of $887,748.00 deposited into Federal
Healthy Communities Access Program Grant (HCAP) and provide appropriations for
the disbursement for Operating Expenses as continued funding for Lake County’s
Community Access Network program for fiscal years 2006 and 2007.
Growth Management
Request for approval of a Satisfaction and Release of
Fine for property owner, Emil Eissler, Code Case #2004060130.
Request for
approval of a Satisfaction and Release of Fine for property owner, Arthur Lee
Young, Code Case #2000100144.
Procurement Services
Request for
approval of the contract for Fee Study for Public Works to Maximus, Inc., of
Tallahassee, Florida, in accordance with RFP #06-039 for $12,500.00.
Request for
approval to execute the Agreement between Lake County, Florida, and Baker &
Taylor, Inc., for the Opening Day Collection Services of the Lake County Cagan
Crossings Community Library in the amount of $100,000.00.
Request for
approval of the contract with HNTB Corporation to provide engineering services
for CR 19A Roadway Conceptual Analysis/Project Development and Environmental
Study in the amount of $389,886.27.
Public Safety
Request for
approval and execution of the Hazard Mitigation Grant Contract between the
State of Florida, Department of Community Affairs and Lake County, by the Lake
County Board of County Commissioners, for FEMA Project 1561-57-R, Lake County
Emergency Operation Center Wind Retrofit Project, and approval of the attached
Budget Transfer Request in the amount of $150,000.00 from General Fund Reserves.
The period of the contract begins upon execution by both parties and ends on
March 28, 2009.
Request for
approval to apply for grant funds in the amount of $6,000,000.00 through the
Statewide Competitive Grants Program to Construct or Improve County Emergency
Operations Centers (EOCs); apply for EOC grant funds through the Hazard
Mitigation Grant Program (HMGP); and approve minor grant modifications.
Request for
approval to donate two fabricated aluminum impoundment cages, PN 17973 and
15530, to Flagler Humane Society/Animal Services.
Public Works
Request for
approval to accept the final plat for Arrowtree Overlook, which consists of 9
lots, and all areas dedicated to the public as shown on the Arrowtree Overlook
plat, Commission District 3.
Request for
approval to accept the final plat for Consigny Place, which consists of 5 lots,
and all areas dedicated to the public as shown on the Consigny Place plat which
is in Commission District 1.
Request for
approval to accept the final plat for Robbins Ridge, which consists of 4 lots,
and all areas dedicated to the public as shown on the Robbins Ridge final plat,
accept a performance surety in the amount of $5,120.50, and execute a
Developer’s Agreement for Construction of Improvements between Lake County and
Richard H. Langley, Commission District 3.
Request for
approval to accept the final plat for Sugarloaf Mountain Unit 1B, which
consists of 75 lots, and all areas dedicated to the public as shown on the
Sugarloaf Mountain Unit 1B final plat, accept a performance bond*, and execute
a Developer’s Agreement for Construction of Improvements between Lake County
and SLCD, LLC, Commission District 3. (*Per the County Attorney the bond amount
of $7,537,916.05 shown in the agenda is not correct; the new bond amount will
be worked out within the 30-day period before the plat is recorded; if there is
a disagreement on the amount, the item will be brought back to the Board; the
above amount is probably $1 million or $1.5 million short.)
Request for
approval to release a maintenance bond in the amount of $26,930.00 posted for
Summit Lakes which consists of 45 lots which is in Commission District 2.
Request for
approval to release a letter of credit for performance for construction of
improvements in the total amount of $132,747.98 that was posted for Las Colinas
Phase II which consists of 104 lots, Commission District 3.
Request for
approval to return funds posted as surety for performance in the amount of
$69,651.73, accept a maintenance bond in the amount of $67,887.25, execute a
Developer’s Agreement for Maintenance of Improvements between Lake County and
Greater Homes, Inc., and execute Resolution 2006-126 accepting the following
roads into the County Road Maintenance System: Robin Hill Loop (County Road No.
0259K). Orange Tree Phase VI consists of 44 lots, Commission District 2.
Request for
approval to return funds posted as performance surety in the amount of
$1,650.00, accept a maintenance bond in the amount of $25,496.98, execute a Developer’s
Agreement for Maintenance of Improvements between Lake County and M/I Homes of
Lake County, LLC, d/b/a Shamrock Homes for the Apiary Pointe Plat, and execute Resolution
2006-127 accepting the following
roads into the County Road Maintenance System: Honey Blossom Drive (County Road
No. 6745A), and Queen Bee Lane (County Road No. 6745B). Apiary Pointe consists
of 16 lots, Commission District 5.
Request for
approval of Agreement between Lake County Board of County Commissioners and
Groveland Shoppes, LLC, and Groveland Associates, LLC, and the City of
Groveland for realignment of CR 565A.
PRESENTATION
GRANT
FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
State
Senator Carey Baker (R-Eustis) presented a grant check in the amount of
$200,000.00 from the Florida Recreation Development Assistance Program (FRDAP)
to help build the Northeast Community Park in Umatilla. He stated that building
parks is one of the greatest investments that government can do. He thanked the
Board for its foresight and willingness to commit to this undertaking. He noted
that the State of Florida spends more on land preservation and parks than any
other state or the Federal government.
PERSONAL
APPEARANCES - EMPLOYEE AWARDS
Commr.
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
Susanne
Clemens, Probation Clerk, Community Services/Probation
Karen
Davis, Senior Housing Intake Specialist, Community Services/Housing and Community
Development/Housing Services
Mary
Gillis, Senior Budget Analyst, Budget
Jimmy
Kirby, Code Enforcement Officer, Growth Management/Code Enforcement
Presentation
of Award to Employee with Ten Years of Service
Charlene
Smith, Assistant Library Services Director, Community Services/Library Services
Presentation
of Award to Employee with Twenty Years of Service
Frank
Franklin, Equipment Operator III, Public Works/Road Operations/Maintenance Area
Presentation
of Award to Retiring Employee with 38 Years of Service
John
Jackson, Jr., Extension Agent IV, Community Services/Agricultural Education
Service/Cooperative Extension Service
Employee
of the Quarter
Teresa
Conant, Office Associate III, Public Works/Engineering
Supervisor
of the Quarter
Charlene
Smith, Assistant Library Services Director, Community Services/Library Services
Team
Award – Environmental Services, Water Resources and Environmental
Programs/Hydrogeology and Laboratory
Cathie
McGwier, Laboratory Supervisor
Walter
Wood, Senior Hydro-Geologist
PRESENTATIONS
PRESIDENT’S
VOLUNTEER SERVICE AWARDS (PVSA)
Ms.
Helena Osborne-Ponsi, Volunteer Coordinator, Department of Community Services, presented
the President’s (of the United States) Volunteer Service Awards (PVSAs) to Lake
County volunteers. The PVSA was created to recognize Americans who have made a
sustained commitment to volunteer service and Lake County serves as a
certifying organization. Ms. Alexa Taylor, a high school student who was not
able to be present, performed 101 documented hours of volunteer service within
a 12-month period to earn the bronze award. Her volunteer service was performed
in the Library Services Division. Ms. Alanna Borrego, a high school student,
performed 124.5 hours of documented volunteer service within a 12-month period
to earn the bronze award. Her volunteer service was performed in the Teen Court
Program. Ms. Danielle Reid, a high school student, performed 275 documented
hours of volunteer service within a 12-month period to earn the gold award. Her
volunteer service was performed in the Library Services Division, the Emergency
Management Division, the Community Services Department and the Information
Outreach Division.
Ms.
Ponsi presented the President’s Call to Service Award to Mr. Gil Fayerman,
Director of County Court Mediation Program and Lake County Volunteer Program
participant. He completed the President of the United States’ certification
process and achieved Individual Gold Award status in recognition of his
outstanding community service to Lake County. This lifetime achievement is
recognized because of Mr. Fayerman’s 4,000 documented hours of service in the
volunteer program. He has also been involved with the Affordable Housing
Advisory Board and he serves on the Children’s Foundation.
Mr.
Fayerman stated that this award also belongs to the Mediation Program and the
volunteer mediators themselves. Mediators present were Mr. Don Schreiner, Mr. Bob
Ponzi, Ms. Beth Lang, Mr. Walt Thielhart, Mr. Howard Jennings, Mr. Clarence
Turk, Mr. Frank Freeman, Ms. Katherine Vance, Ms. Cindy Mihalic, Ms. Darlene
Elliot, Mr. Bob Voegele, Mr. Bill Blizard. Judge Donna Miller was present and
was recognized for her participation in the Mediation Program.
RECESS
& REASSEMBLY
At
9:45 a.m., Commr. Hanson announced a 15-minute break.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC
WORKS - PRIDE, PARKS, PLEASURE PROJECT
Mr.
Jim Stivender, Jr., Public Works Director, presented the request for approval
for the Parks and Trails Division to partner with the Lake County Volunteer
Program to start the Pride, Parks, Pleasure Project and the request for permission
to explore various funding sources through grants, business, communities and
in-kind services. He stated that the emphasis needs to be on volunteers who
help care for the parks. This countywide volunteer program, which will begin in
the Sorrento area, will help prevent vandalism and will help with maintenance
of the parks.
Commr.
Hanson explained that the 2+ acre park in Sorrento was maintained in the past
by the Kiwanis Club, when it was in existence, by the chamber of commerce and
by several churches. The property was purchased through a Community Development
Block Grant.
Mr.
Bobby Bonilla, Director, Parks and Trails Division, confirmed that his division
will work closely with the Volunteer Program and a definite presence will be
shown in the parks and trails, perhaps through some kind of uniform or
clothing. The park ranger program will be coming into place soon.
On
a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously,
by a vote of 5-0, the Board gave approval for the Parks and Trails Division to
partner with the Lake County Volunteer Program to start the Pride, Parks,
Pleasure Project and approved the request for permission to explore various
funding sources through grants, business, communities and in-kind services.
PUBLIC
WORKS - VISTA DEL LAGO BOULEVARD
Mr.
Jim Stivender, Jr., Public Works Director, presented the request for approval
to cease road maintenance and remove a section of Vista Del Lago Boulevard. He
confirmed that everyone within the subdivision was notified in writing last
week of today’s meeting. He showed a sketch of the intersection at Vista Del
Lago Boulevard and Lake Louisa Road (a copy is included in the backup material)
and reminded the Board that barricades were put up in May 2004 because 3,000 or
4,000 cars were cutting through the Vistas subdivision. The signal is in place
at Lake Louisa Road (at U.S. Highway 27) and the southern connector is under
construction. Mr. Stivender stated that, after a meeting in February 2006, he
basically recommended not opening the road until a study could be done on the
southern connector.
Mr.
Stivender stated that, since May 2004 until today, a formal request has not
been presented to him or his staff by The Vistas at Lake Louisa Homeowners’
Association (HOA). He explained that he met with a couple of people from the HOA
a couple of months ago and began working with them on some options. He stated
that Ms. Judy Featherston and Ms. Mary Goldin are adjacent property owners and
are physically affected by the barricade. Mr. Stivender stated that he advised Ms.
Featherston and Ms. Goldin that he would take the HOA’s wishes to the Board of
County Commissioners for a final decision.
Mr.
Stivender stated that he wants to explain the Public Works Department’s
involvement if the Board chooses to go forward. In referring to the sketch, he
stated that the section of pavement shown in green would be removed. That
includes part of a deceleration lane. A berm area (shown in orange) would
prevent physical ingress and egress by vehicles. There is a proposal for a
sidewalk and crosswalk (pink area). The left turn lane in the median would be
gored out and be identified as a crosswalk so pedestrians can safely walk down
to the beach across Lake Louisa Road.
Mr.
Stivender stated that Lake County and the City of Clermont have an interlocal
agreement. He noted that this project, the physical detachment and the
amenities, will cost about $10,000.00. The current barricades will be removed
and the result will be much more pleasant to view. In response to a question by
Commr. Cadwell regarding a possible financial contribution by the HOA, Mr.
Stivender opined that there is a willingness and there are some things the HOA
wants to do above and beyond what the Public Works Department will do, such as
planting trees and maintaining the area.
Commr.
Hanson asked if the cost, the benefit of which is completely to this particular
subdivision, is a legitimate expense to the County. Mr. Stivender opined that
the realistic issue is that the Vistas subdivision was designed twenty years
ago and Vista Del Lago Boulevard has multiple driveways coming off the spine
road. Subdivisions approved in subsequent years do not have that issue. He
admitted that, even though he was reluctant to closing it as a through road, the
public safety issue plays a role. He opined that they have minimized the
County’s costs and, in making a final effort to put in a more appropriate
barricade, this is the way to go. He stated that they are not vacating it and
that there is still public access for utilities and pedestrians. He advised
that, if the next generation of residents want it open and want a gated
community, the adjacent property owners would not own this part of the road. He
thinks the residents are very much aware that there is public ingress/egress to
the common areas and he confirmed that anyone could walk through the public
corridor.
Mr.
Gary Kaiser, Public Safety Director, stated that the County has a first response
agreement with the City of Clermont that has been working well and the City has
agreed to continue coverage in that area from both ends.
Commr.
Pool explained that the fire station is across the street behind Publix on the
Hartwood-Marsh corridor and is about a two- to three-minute run. He stated that
the ambulance would continue to come south to the entrance at Walgreens.
Mr.
Kaiser confirmed that there is no public safety concern as long as the
agreement with the City is in place.
Commr.
Hanson called for comments from the audience, noting that this is not a public
hearing.
Ms.
Nancy Madden, who lives on Bonita Court in the Vistas, stated that she has
always been opposed to this closure, mainly because of the safety factor. She
stated that others in opposition could not stay long enough to speak today. She
stated that Mr. Stivender and Commr. Pool reversed what she has been told and
that Mr. Stivender has been asking for patience until the road is reopened. She
stated that a HOA newsletter indicates that Commr. Pool and the Lake County
Public Works have made it very clear they are in favor of reopening the road
and some solutions were mentioned in the newsletter. Ms. Madden stated that Commr.
Pool and Mr. Stivender said, at a meeting almost two years ago, that the road
needed to be opened and stop signs, sidewalks and roundabouts were offered. She
stated that their plan was denied over and over. She stated that a survey by
the HOA indicated that 14 residents and 18 non-residents did not want the road
closed. She stated that earlier this year a resident poll indicated that 81%
opted to gate, not close, the road. Ms. Madden stated that, once the turn lanes
are torn out, this closure will be permanent and that is not what the residents
of the subdivision asked for.
Ms.
Madden stated that the board of directors of the HOA has taken it upon
themselves to change the mind of the majority of this community. She stated
that four of the five HOA board members live on Vista Del Lago Boulevard and
that two of them will benefit most by having their property beautified at
taxpayer expense. Ms. Madden referred to minutes of the County Commission’s
February 28, 2006, meeting at which Mr. Stivender expressed concern about
ambulances, fire trucks and police cars. Ms. Madden gave examples of how
emergency vehicles would be delayed if the street is closed. She stated that
Mr. Stivender thought, at the February 28 meeting, that only 500 extra cars a
day would come through the subdivision.
Ms.
Madden stated that there is nothing to base spending this money on because the
road was never opened to see what the actual traffic count would be. She
referred to a map (included in the backup material) and stated that traffic
from several subdivisions will be funneled to U.S. Highway 27 (US 27) when the
southern connector is completed. She stated that it is not true that 6,000
people will be driving through the subdivision. She pointed out that the HOA
board members bought their homes on that street when the road was open. In
referring to another map (included in the backup material), Ms. Madden gave
drive times between three locations, from A to C (4 minutes 17 seconds) and
from A to B to C (3 minutes 5 seconds). She reiterated that traffic counts
should be done after the southern connector is finished and that 81% of the
homeowners did not want the road closed. She asked why the County would pay
that kind of money, and even pay for St. Augustine grass, when other projects
are needed.
Mr.
Stivender confirmed that, at the original HOA meeting, discussion included
where the barricades should be, such as in the middle of the subdivision,
closing off US 27 access and making Lake Louisa Road the prime access instead
of US 27. He stated that was left up to the HOA to decide how they wanted
traffic to flow rather than the County making a decision.
Commr.
Stivender asked if there is a way to berm or barricade at Bonita Court rather
than going down to Lake Louisa Road.
Mr.
Stivender agreed that a berm or barricade could be put between any two lots in
the subdivision and the HOA discussed that option. He agreed with Commr.
Stivender that the HOA was not in favor of doing that.
Ms.
Mary Goldin, Vista Del Lago Boulevard, read a statement regarding the traffic
issue. (A copy of her statement is included in the backup material.) Her
statement included information on the issue of safety for the residents of the
Vistas, possible reduced traffic flow, the solution, what the community looks
like today and community participation. In conclusion, Ms. Goldin requested
that the Lake County Board of County Commissioners vote yes to the earthen
berming of Vista Del Lago Boulevard where it intersects with Lake Louisa Road.
Ms.
Judy Featherston, Vista Del Lago Boulevard, stated that there are approximately
80 homes on her road which is .7 of a mile in length. She stated that the
increased traffic numbers are a great safety concern. She stated that her
community has always tried to make this a permanent resolution and they
approached Mr. Stivender to find out what they, as a community, could do, in
working with Public Works, to make this happen.
Mr.
Arlen T. Bellville, who is a former HOA president, stated that he continues to
support the temporary closure until a resolution can be decided upon. He stated
that his personal desire, and that of several homeowners, is that he wants a
gate at this location. He stated that this property should be vacated to the
HOA so that they can decide what to do with it.
Commr.
Hanson stated that, if that happened, the HOA would have to bear all the cost
of putting in the berm. Mr. Bellville stated that he understands that.
Commr.
Stivender stated that, if vacated, the HOA would also have to maintain the road
once it is closed. Mr. Bellville stated that there would not be a road, it
would be that last 150 feet that would have to be maintained. Mr. Bellville
expressed concern that this will be a permanent closure, creating a single
entrance to the subdivision. He reiterated that it would be better for the
subdivision to have a gated entrance at one end.
Ms.
Madden stated that she was not included in this resolution and that the two
people who were included are the two who will benefit most from it. She stated
that there was no attempt to get any opposition or to make any kind of
compromise. She stated that the people who signed the petition were told that
there will be 6,000 cars driving through that neighborhood.
In
response to Ms. Madden’s question about 6,000 cars a day going through the
subdivision once the connector is in place, Mr. Stivender stated that he only
knows that 3,000 cars before was excessive but that he cannot answer how many
cars would actually go through there. Ms. Madden stated that crime is a
problem. She stated that residents of the subdivision are cutting through one
of the drainage areas through Vacation Village property to get to Lake Louisa
Road. She stated that Vacation Village had to pay for and dig a big trench to
keep vehicles from going through their property.
Commr.
Hanson expressed concern about Vacation Village and Commr. Pool confirmed that
they do not have gates. He stated that signs were put at the entrance and that
Vacation Village has taken care of the cut-through problem. Mr. Stivender
confirmed that they saw some cut-through traffic last winter but they have not
gotten any calls since then.
Commr.
Cadwell stated that a connector road through there made since for
transportation planning purposes but it does not make sense to have that type
of road go through that type of community. It became unsafe and the system did
not work on this development regarding transportation. He stated that he is not
excited about the solution but he thinks it needs to be done so that folks will
not think it will be open when it will not be. He stated that a decision will
give folks some type of feeling that it is over with, good or bad. He stated
that he would like some idea of what the HOA intends to spend to help with the
closure. He stated that he wants to make sure there is a clear understanding
that will be a public sidewalk and that anyone, even if they do not live in the
community, has the ability to walk through there because it is a public right
of way.
Ms.
Featherston, a director on the HOA, stated that the HOA has spoken to Mr.
Stivender about helping with the cost and they know that part of that will come
from the HOA.
Commr.
Pool stated that there is no easy answer and that he has talked with Ms. Madden
and other residents numerous times on this issue. He thinks the southern
connector will help but, long term, the solution is to have this not be a
cut-through. He thinks the HOA should agree to help pay for the closure.
Commr.
Cadwell suggested going ahead with this approval and bringing back another
agenda item that would show how much the County is going to pay and how much
the homeowners are going to pay. Mr. Jim Stivender, Public Works Director,
confirmed that staff will negotiate with the HOA for a percentage of the fixed
cost.
Commr.
Cadwell stated that he hopes the HOA is really a vested partner. Ms. Featherston
agreed. Commr. Hanson suggested maybe 50/50. Commr. Cadwell asked that Mr.
Stivender come back with some reasoning for the cost.
A
motion was made by Commr. Pool, and seconded by Commr. Cadwell, based on
staff’s recommendation, to approve ceasing road maintenance and removal of a
section of Vista Del Lago Boulevard; coming back with price tag so that the
County is not fronting the entire cost; there will be no vacations.
Regarding
setting a precedent by ceasing maintenance and removing a section of Alameda Sandra
Road at Oswalt Road, Mr. Stivender explained that was a similar case and was
used as a reference. Commr. Stivender asked if there will be more of these
because these types of go-throughs were required twenty years ago in these
types of subdivisions. Mr. Stivender agreed that, if the traffic outside a
neighborhood is dramatically impacting the quality of life inside the
subdivision, the Board will be looking at that on a regular basis. Commr.
Stivender stated that there needs to be a policy on how to pay for those kinds
of things because they will come back because people are trying to find a
shorter, quicker way to get someplace. Mr. Stivender stated that they have two
or three requests that are more radical than this one because they have not
been able to keep up with making improvements to roads. Mr. Stivender stated
that they were reluctant to go forward with this one to begin with.
Ms.
Cindy Hall, County Manager, suggested that when Mr. Stivender brings back a
negotiated split with the homeowners’ association, they might put that into a
policy recommendation on which to base future decisions.
Commr.
Hanson stated that it may be that the HOA will pay all of it, that perhaps that
should be looked at because it is for the benefit of the folks who live there.
She stated that the County, obviously, will continue to maintain the road.
Commr.
Hanson called for a vote on the motion which carried unanimously, by a vote of
5-0.
PUBLIC
WORKS - PEAR PARK MASTER PLAN
Mr.
Jim Stivender, Jr., Public Works Director, presented the request for approval
of the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park
Conceptual Master Plan and the request for approval to work with Procurement
Service to prepare a RFP to secure the services of consultants for the production
of design development and construction documents based on the approved
conceptual master plan.
Mr.
Randy Raiman, HHI (Herbert Halback, Inc.), stated that they served as
facilitators, not designers, for this park. He stated that this is one of the
most unique parks he has worked on. It is unique because of the public process
with the PEAR Association and the various people that support various active
athletic activities. The park is nearly 320 acres and only 20 acres, 6%, is
going into active recreation as it abuts U.S. Highway 27 (US 27). The vast
majority of the site will be preserved with enhancements for scrub vegetation
and community gardens. He explained that active recreation includes two
softball fields, twelve pickle ball courts, tennis courts, a football/soccer
field, a small playground, about 4.5 miles of recreational paved trails, and
two observation overlooks. A canoe launch will be built. Mr. Raiman stated that
there will be an expanded dog park in a shaded location. He opined that the
best thing about this park is that the community will get active recreation
elements, as well as enhanced scrub restoration, creating a win/win for
everyone.
Mr.
Raiman confirmed that the stand of trees by US 27 will be preserved. Additional
buffering will be done between active recreation and the passive sites. He
stated that there are approximately three acres in the special events open
space area.
Mr.
Gary Salzman, President, PEAR Association, stated that the PEAR Association’s
200+ paid, active members endorse this plan. He stated that Mr. Bobby Bonilla,
Director of the Parks and Trails Division, did a fantastic job and got everyone
to agree on a single plan. He asked the Board to endorse the plan and see to
the funding of its implementation.
On
a motion by Commr. Stivender, seconded by Commr. Cadwell and carried
unanimously, by a vote of 5-0, the Board approved of the Palatlakaha
Environmental and Agricultural Reserve (PEAR) Park Conceptual Master Plan and approved
to work with Procurement Services to prepare a RFP to secure the services of
consultants for the production of design development and construction documents
based on the approved conceptual master plan; and approved funding.
Commr.
Stivender invited everyone to the planting at the park on Saturday, August 5,
2006, beginning at 8:00 a.m.
Commr.
Pool noted that about 600 acres have been added to the County’s parks system in
the last four or five years.
Regarding
the property in Sorrento, Mr. Sandy Minkoff, County Attorney, advised that there
is a signed contract for both of those parcels and a closing date is
anticipated for late November.
PUBLIC
HEARING
COMMUNITY
DEVELOPMENT BLOCK GRANT
Ms.
Liz Eginton, Housing and Community Development Director, Department of
Community Services, gave a presentation of proposed activities to be funded
from the Community Development Block Grant (CDBG) during FY 2006-07, including
information about the proposed activities, and the request to take comments
from the public regarding use of CDBG funds during FY 2006-07. The Board is
also requested to adopt the FY 2006-07 One Year Action Plan by resolution and
authorize the Chairman to sign the Application for Federal Assistance (Form SF
424), the Adoption Resolution, and the required certifications. The
presentation included information on the following:
Commr.
Hanson opened the public hearing. There being no public comment, the public
hearing was closed.
Commr.
Cadwell stated that this has been a great program but it is one of those
programs that so many things can go wrong if the right people are not doing it.
He thanked Ms. Eginton and her staff for the job they have done helping set
this program up and making sure it is run the right way.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board adopted the FY 2006-07 One Year Action Plan by
approval of Resolution 2006-128; and authorized the Chairman to sign the
Application for Federal Assistance (Form SF 424), the Adoption Resolution, and
the required certifications.
PUBLIC
HEARING
ORDINANCE
AMENDING SECTION 10.02.01
Mr.
Sandy Minkoff, County Attorney, placed the following proposed ordinance,
amending Section 10.02.01 by adding Section 10.02.03, Land Development
Regulations, entitled “Temporary Residential, Commercial and Industrial Use
Housing Following a Disaster” on the floor by title only for its first reading.
He noted that, if approved today, the second reading will occur in September
after 5:05 p.m.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY,
FLORIDA; AMENDING SECTION 10.02.01, LAKE COUNTY CODE, APPENDIX E, LAND
DEVELOPMENT REGULATIONS, ENTITLED TEMPORARY STRUCTURES; ADDING SECTION
10.02.03, PROVIDING FOR TEMPORARY STRUCTURES FOLLOWING A DISASTER IN THE
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USE ZONING DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Commr.
Hanson opened the public hearing. There being no public comment, the public
hearing was closed.
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the first reading of the proposed ordinance
amending Section 10.02.01 by adding Section 10.02.03, Land Development
Regulations, entitled “Temporary Residential, Commercial and Industrial Use
Housing Following a Disaster.”
PUBLIC
HEARING
ORDINANCE
AMENDING SECTION 2-90.55
Mr.
Sandy Minkoff, County Attorney, placed the following proposed ordinance,
amending Section 2-90.55 of the Lake County Code amending the membership of the
Lake County Public Land Acquisition Advisory Council (PLAAC) on the floor by
title only. He noted that this is the first and final reading and, if adopted,
it will be Ordinance 2006-79.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY,
FLORIDA; AMENDING SECTION 2-90.55, LAKE COUNTY CODE, ENTITLED MEMBERSHIP FOR
THE PUBLIC LAND ACQUISITION ADVISORY COUNCIL TO ADD TWO ADDITIONAL MEMBERS
REPRESENTING THE BUSINESS COMMUNITY ON THE COUNCIL; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr.
Hanson opened the public hearing. There being no public comment, the public
hearing was closed.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved Ordinance 2006-79 amending Section
2-90.55, Lake County Code, entitled Membership for the Public Land Acquisition
Advisory Council (PLAAC).
Commissioner
Hanson suggested that staff give the Board a report soon on lands that have
been proposed for purchase.
At
this time, Commr. Cadwell temporarily left the meeting.
OTHER BUSINESS
APPOINTMENTS -WELLFLORIDA COUNCIL
BOARD OF DIRECTORS
On a motion by Commr. Hill, seconded
by Commr. Pool and carried, by a vote of 4-0, the Board reappointed
Mr. Jonathan Cherry to the Provider position (a two-year term to expire September
30, 2008) and appointed Mr. David Jordan to the Consumer position (completing
an unexpired term and to serve a consecutive two-year term ending September 30,
2008) on the WellFlorida Council Board of Directors.
Commr.
Cadwell was not present for the vote.
At
this time, Commr. Cadwell returned to the meeting.
APPOINTMENTS -LAKE COUNTY IMPACT FEE
COMMITTEE
On a motion by Commr. Hill, seconded
by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed/reappointed
the following people to the Lake County Impact Fee Committee to serve two-year
terms beginning August 6, 2006:
APPOINTMENTS - COMPREHENSIVE HEALTH CARE
COMMITTEE
On a motion by Commr. Hill, seconded
by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
appointed/reappointed the following people to the Comprehensive Health Care
Committee to serve three-year terms beginning August 16, 2006:
REPORTS - COUNTY ATTORNEY
RESOLUTION - EMINENT DOMAIN
PROCEEDINGS
Mr. Sandy Minkoff, County Attorney,
presented the request for approval of a resolution instituting eminent domain
proceedings for acquisition of property located in downtown Tavares for office
space and parking, and approval to proceed with the pre-suit negotiation offer.
He explained that the two properties included are: a vacant
office building north of Maud Street, behind the Law Library, (L.M. Reed
Enterprises, L.C.); and a parcel south of Maud Street (known as Beef ‘O’Brady’s
restaurant). He stated that they are still working with owners of three other
parcels and those are not included in this resolution. He stated that the
resolution is the culmination of several hearings by the Board and that they
chose this site and determined that it is necessary for the public interest to
build the new courthouse and Tax Collector/Property Appraiser building as well
as parking for the Judicial Center (courthouse). Once the resolution is approved,
an offer will be made to the property owners. If that is unsuccessful, eminent
domain proceedings will begin.
A
motion was made by Commr. Cadwell and seconded by Commr. Hill for approval of
the resolution instituting eminent domain proceedings for acquisition of two properties
located in downtown Tavares for office space and parking, and approval to
proceed with the pre-suit negotiation offer.
Under
discussion, Commr. Stivender explained that she will not support this because
the original discussions, three years ago, were that when the garage is built,
we would try and maintain the businesses downtown by locating them on the
bottom floor of that garage. She stated that we have not worked toward that
option. She stated that she is greatly disappointed. She stated that Beef
‘O’Brady’s is a very viable business and employees and the entire town eats
there. She stated that she feels we are running them out of town by doing this
and she does not agree with it.
Commr.
Hanson called for a vote on the motion, which carried by a vote of 4-1, to
approve Resolution 2006-192 instituting eminent domain proceedings for
acquisition of two properties located in downtown Tavares for office space and
parking, and approval to proceed with the pre-suit negotiation offer.
Commr.
Stivender voted “No.”
REPORTS - COMMISSIONER HILL -
DISTRICT #1
LEESBURG BABE RUTH SOFTBALL TEAM
Commr.
Hill announced that she will be bringing back a resolution to congratulate the
Leesburg Babe Ruth 16-and-under girls’ softball team which advanced to the Babe
Ruth Regional tournament in Virginia.
REPORTS
- COMMISSIONER POOL - DISTRICT #2
PROCLAMATION
- CONSTITUTION WEEK
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved Proclamation 2006-130 declaring September
17 through 23, 2006, as Constitution Week.
REPORTS - COMMISSIONER STIVENDER -
DISTRICT #3
PROCLAMATION
- LAKE COUNTY FIREFIGHTERS APPRECIATION WEEK
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved Proclamation 2006-131 declaring September
1 through 8, 2006, as Lake County Firefighters Appreciation Week.
SEAN
THOMAS OF THE DAILY COMMERCIAL
Commissioner
Stivender thanked Sean Thomas of the Daily Commercial for his fair media coverage.
She stated that he has been one of the better reporters she has worked with and
she wished him luck in this new position.
LAKE
COUNTY EDUCATIONAL FOUNDATION
Commr.
Stivender thanked the Educational Foundation for asking her to be one of the
dancers in Friday night’s “Stepping out for Education” event. She thanked Ms.
Carmen Cullen of the Lake County Educational Foundation and Ms. Kathy Sleaford
of Junior Achievement. About $26,000 to $30,000 was cleared and will go back to
education for the teachers for the schools.
TAVARES
FOUNTAIN
Commr.
Stivender thanked Mr. and Mrs. Paul Gross of Tavares and Mr. and Mrs. Edd
Holder and Humana and Florida Hospital Waterman for helping pay for the
fountain in Tavares.
REPORTS
- COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4
MID-FLORIDA
AREA AGENCY ON AGING
Commr.
Hanson stated that she serves on the Mid-Florida Area Agency on Aging which
meets quarterly in Gainesville. The Agency deals with dollars that go to
different lead agencies dealing with the elderly. She stated Ms. Allison Thall,
who is now on staff, would be an outstanding representative. She explained that
it is very time consuming to attend the meetings although she enjoys them. She stated
that the Agency is made up of citizens and commissioners and she does not see a
problem with recommending that a staff member serve on the Agency.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved placing the item on the agenda.
On
a motion by Commr. Stivender, seconded by Commr. Cadwell and carried
unanimously by a vote of 5-0, the Board approved recommending that Ms. Allison
Thall (Elder Affairs Director in the Department of Community Services) serve on
the Mid-Florida Area Agency on Aging to represent Lake County.
Commr.
Hanson stated that the Agency will have to approve the recommendation.
CITIZEN QUESTION AND COMMENT PERIOD
George
Wolf
Mr.
George Wolf of Hawthorne commended the Board for today’s decisions regarding
PEAR Park. He explained that the project goes back to the Lake County Soil and
Water Conservation District. He stated that the work on County Road 48, near Hollondel
Road, is looking good.
Edward
Meixsell
Mr.
Edward Meixsell addressed the Board regarding a request to divide his property
(Lot 10, Phase 1) in the Christopher C. Ford Commerce Park. He showed a drawing
(a copy is included in the backup material) and stated that he owns 20 acres
and a 42,000 square foot building. He stated that a lot of parcels in the park
are less than five acres and the 30-acre property next to his was zoned six to
eight months ago for one-acre zoning.
In
response to Commr. Cadwell’s questions, Mr. Meixsell agreed that he did appear
before the IDA (Industrial Development Authority) and that they did not
recommend splitting his lot. Mr. Meixsell stated that the IDA indicated that
they only want five acre parcels in the Park. He stated that a company wanted
to take his building if they could split it off. He stated that Mr. Greg
Mihalic, Tourism and Business Relations Director, indicated that he would
recommend it. He stated that he has another interested party who has more need
for two to three acres than five acres but the IDA does not want the property
to be divided.
Commr.
Cadwell pointed out that the Park was built for job creation, not for real
estate speculation, and it has worked as that. He suggested that Mr. Mihalic
give the Board something in writing for the next meeting that would explain the
logic of the IDA’s recommendation.
Commr.
Pool stated that he agrees with Commr. Cadwell. He explained that it is up to
this Board to decide the best way to create those jobs and what type of parcel
splits might help. He thinks the IDA was adamant, with the exception of one
member, that it is kept in context and in content with the acreages there. He
thinks staff should review Mr. Meixsell’s request with the IDA’s request and
make some recommendation to this Board. He stated that it is not fair to make a
decision today without IDA’s presence. He stated that Mr. Meixsell made some
valid points but the key is to try to get to the bottom of what is best as the
Park is closed out.
Mr.
Meixsell stated that he thinks one member sways the IDA. He asked why he is
being discriminated against if the Park has other parcels that are not five
acres. He stated that he wants 2.5 acre parcels.
In
response to Commr. Cadwell’s questions, Mr. Meixsell confirmed that he bought a
20-acre parcel. Mr. Meixsell stated that the only rules in the covenant say you
have to have the consent of the County to divide it and to file a map. He
stated that he wants eight parcels at the most.
Commr.
Hanson suggested bringing that back and that the County Manager can coordinate
with Mr. Mihalic and with Ms. Dottie Keedy, Director of Economic Growth and
Redevelopment.
Commr.
Pool asked for a recommendation based on facts. He stated that the Board needs
to hear why and when other lots were split.
Mr.
Meixsell stated that Lot 1 has been split at least two times. He stated that
there are two 2.5 acre parcels at the beginning of the Park. He stated that he
did not expect a decision today and he only wants to see if everyone is for or
against it. He stated that he probably lost an automotive distribution company
because they do not want five acres.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:40 a.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK