A
REGULAR MEETING OF THE BOARD OF
OCTOBER
3, 2006
The Lake County Board of
INVOCATION AND PLEDGE
Mr.
Ken Harley, Public Transportation Manager, gave the Invocation and led the
Pledge of Allegiance.
AGENDA
UPDATE
Commr.
Hanson noted that due to the Sheriff’s attendance at a funeral of a fallen
deputy in
County
Attorney Sandy Minkoff requested to bring up an item involving outside counsel,
which will require a vote.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously
by a vote of 5-0, the Board approved to add to the Agenda under the
MINUTES
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 July 18, 2006 (Regular
Meeting), as presented.
On
a motion by Commr. Cadwell and seconded by Commr. Hill and carried unanimously
by a vote of 5-0, the Board approved the Minutes of July 27, 2006 (Special
Joint Meeting, - School Concurrency), as presented.
On
a motion by Commr. Hill and seconded by Commr. Stivender and carried
unanimously by a vote of 5-0, the Board approved the Minutes of August 23, 2006
(Special Joint Meeting – School Concurrency), as presented.
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
2, Items 1 through 9, as follows:
List
of Warrants
Request to acknowledge receipt of list of warrants
paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida
Statutes, which shall be incorporated into the Minutes as attached Exhibit A
and filed in the Board Support Division of the Clerk's Office.
Monthly Distribution of Revenue
Traffic/Criminal Cases
Request to acknowledge receipt of
Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending
August 31, 2006. Disbursements due to
Board: $189,641.76. Same period last year: $172,479.09.
Unclaimed Excess Proceeds
Request to acknowledge receipt of
unclaimed excess proceeds, for tax deeds totaling $35,399.14.
City of Umatilla’s Comprehensive Annual Financial
Report for Fiscal Year Ending
September 30, 2005
Request to acknowledge receipt of
City of
Village Center Community Development
District’s Budget for Fiscal Year 2006/07
Request to acknowledge receipt of
adopted budget for the Village Center Community Development District, for the
Fiscal Year 2006/07, in accordance with Chapter 190.008(2)(b)(c), Florida
Statutes.
Rate Case Synopsis
Request to acknowledge receipt of
rate case synopsis from law firm of Rose, Sundstrom & Bentley, LLP,
regarding Docket No. 060261-WS; Utilities, Inc. of Pennbrooke’s application to
increase its water and wastewater rates in
Annexation Ordinances from City of
Request to acknowledge receipt of
annexation ordinances from City of
Ordinance No. 2006-36 (CR 448 – 9.2 acres)
Ordinance No. 2006-08 (SR 19 and
Ordinance No. 2006-10 (
Ordinance No. 2006-12 (
Ordinance No. 2006-17 (
Ordinance No. 2006-20 (
Ordinance No. 2006-29 (
Ordinance No. 2006-31 (SR 561 – 9.7
acres)
Ordinance No. 2006-34 (
Ordinance No. 2006-36 (CR 448 – 9.2
acres)
Request to acknowledge receipt of
Florida Model Jail Standards Inspection for 2006, from Lake County Sheriff’s
Office, as required each year.
Notice Before the Public Service
Commission
Request to acknowledge receipt of
Notice Before the Public Service Commission, in Re: Application for certificate
to operate water utility in
A
motion was made by Commr. Stivender and seconded by Commr. Pool to approve the
Under
discussion, Commr. Cadwell requested that the
The
Chairman called for a vote on the motion, which was carried unanimously, by a
vote of 5-0, to approve the following:
Budget
Request
for approval of
Resolution No. 2006-190, to amend the General Fund, in order to receive
unanticipated revenue for Fiscal Year 2005/2006, in the amount of $12,800,
deposited into Conservation Resource Management Fee; and provide appropriations
for the disbursement for Regular Salaries ($7,800), Office Supplies ($1,000),
and Operating Supplies ($4,000). The
Board of County Commissioners requested and has been awarded $150,000 in funds,
under a cost reimbursement grant, of which $12,800 is estimated to be received
in Fiscal Year 2005/2006. The funds will
provide administrative support for implementation and support of the Mobile
Irrigation Lab Program.
Request for approval of Resolution
No. 2006-191, to amend the General Fund, in order to receive unanticipated
revenue for Fiscal Year 2006/2007, in the amount of $137,200, deposited into
Conservation Resource Management Fee; and provide appropriations for the
disbursement for Personal Services ($75,780), Operating Expenses ($19,820), and
Machinery and Equipment ($41,600). The
Board of County Commissioners requested and has been awarded $150,000 in funds
under a cost reimbursement grant, of which $137,200 is estimated to be received
in Fiscal Year 2006/2007. The funds will
provide administrative support for implementation and support of the Mobile
Irrigation Lab Program.
Request for approval of Resolution
No. 2006-192, to amend the General Fund, in order to receive unanticipated
revenue for Fiscal Year 2006/2007, in the amount of $55,500, deposited into
Gates Upgrade Grant; and provide appropriations for the disbursement for Office
Supplies.
Request for approval of Resolution
No. 2006-193, to amend the General Fund, in order to receive unanticipated
revenue for Fiscal Year 2006/2007, in the amount of $55,000, deposited into
Peer Mediation Program; and provide appropriations for the disbursement for
Personal Services ($15,682), and Operating Expenses ($39,318). The Lake County Board of
Request for approval of extension of
tax roll, as requested by the Lake County Tax Collector.
Community Services
Request for approval and signature authorization
on Proclamation No. 2006-194, recognizing October 8-14, 2006, as Aging in Place
Week.
Request for approval and
authorization of the Chairman to sign the FY 2006/07 CDBG Partnership Agreement
between the Town of Montverde and the County, in an amount not to exceed
$36,360.00, granting the Town CDBG funds to improve Kirk Park, and to direct
the Community Services Department to execute the agreement and oversee
completion of the project covered in the Scope of Services.
Request for approval and authorization
of the Chairman to sign the FY 2006/07 Community Development Block Grant (CDBG)
Partnership Agreement with the Lake County Health Department, in an amount not
to exceed $106,377.00, in FY 2006/07 CDBG funding and $20,000 from FY 2006/07
County General Revenue Funds, to cover the cost of dispensing prescription
medications to low income persons; and to direct the Community Services
Department to execute the agreement and oversee completion of the project
covered in the Scope of Services.
Request for approval and
authorization of the Chairman to sign the FY 2006/07 CDBG Partnership Agreement
between the Town of Astatula and the County, in an amount not to exceed
$36,360.00, granting the Town CDBG funds to improve Joe Swaffar Park, and to
direct the Community Services Department to execute the agreement and oversee
completion of the project covered in the Scope of Services.
Request for approval of a Joint
Participation Agreement with FDOT for funding under the Public Transit Block
Grant Program.
Employee Services
Request for approval of an offer to
settle Traffic Control Devices’ claim for property damage, subject to the
Request for approval of the Lake
County Workplace Violence Policy.
Request for approval to renew the
County’s self-funded programs with Arthur J. Gallagher & Company, effective
October 1, 2006. The self-funded program
includes Premier Public Entity Package, Excess Property, Excess Workers’
Compensation, Boiler & Machinery, Railroad Protective Liability Insurance
and Storage Tank Liability.
Growth Management
Request for approval of a change
order to the three phase user needs analysis to migrate
Request for approval and execution of
a Release of Fine, Property Owner: Jerry L. and Faye F. Connor, Code Case No.
CEB 143-99.
Procurement Services
Request for approval to (1) declare
the items on the submitted lists as surplus to county needs, (2) authorize the
removal of all of the items on the submitted lists from the County’s official
fixed asset inventory system records, and (3) authorize the Procurement
Services Director to sign the vehicle titles. The items on submitted lists have
been declared surplus by their respective agencies due to age, wear, and obsolescence.
Request for approval and execution of
an Amendment to confirm Change Order No. 4 to the subject project, in the
amount of $3,000.00. Board Approval is
required, as the total value of all change orders under the project exceeds 10%
of the original contract value.
Public Safety
Request for approval of the renewal
of an agreement with Lake-Sumter Emergency Medical Services that will provide a
reimbursement of $250,000 to Lake County Fire Rescue, for providing first
response advanced life support services for Fiscal Year 2006/07.
Request for approval of the renewal
of an agreement with Lake-Sumter Emergency Medical Services, in which
Public Works
Request for approval to accept the
final plat for
Request for approval to release a
Letter of Credit for performance, for construction of improvements, in the
amount of $1,127,869.44, that was posted for Beauclair Ranch Club. Beauclair
Ranch Club consists of 87 lots and is located in Section 14, Township 22 South,
Range 20 East – Commission District 3
Request for approval to release a
Letter of Credit for maintenance, in the amount of $3,200.000.00, posted for
Martin’s Landing. Martin’s Landing
consists of 24 lots and is located in Section 11, Township 23 South, Range 25
East – Commission District 2.
Request for approval to release a
Maintenance Bond, in the amount of $12,148.25, posted for Musselwhite
Farms. Musselwhite Farms consists of 12
lots and is located in Section 3, Township 20 South, Range 26 East – Commission
District 3
Request for approval for Regional
Park Development Grant Projects recommended by the Parks and Recreation
Citizen’s Advisory Board, for FY 2006/07, totaling $150,000. These projects are to be funded from the
Infrastructure Sales Tax dollars. In
addition, request approval for Chairman to execute the agreements, when
submitted.
Request for approval for the
recommended Capital Improvement Grant Projects, by the Parks and Recreation
Citizen’s Advisory Board, for FY 2006/07, totaling $190,000. These projects are to be funded from the
Infrastructure Sales Tax dollars. In
addition, request approval for Chairman to execute the agreements, when
submitted.
Request for approval of the
Interlocal Agreement between Lake County Board of
Request for approval to continue the
promotion of Lake County events and activities through FY 2006/07 with the
following companies, and to release Purchase Orders, in amounts not to exceed
those listed: WFTV, Inc. $60,000; WRDQ TV 27 $36,000; Clear Channel TV $25,000;
Orlando Sentinel $50,000; PCE & Associates $75,000; Video Techniques
$25,000; Kyle Promotions $25,000; and Radio Disney $80,000.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved
the
AWARDS/PRESENTATIONS
EMPLOYEE AWARDS
The Chairman presented the following
awards:
Presentation of Award to Employees
with Five Years of Service
Anna Lawver, Administrative Office
Associate II, Facilities Development and Management/Administration (not
present)
Shannon Bush, Firefighter/EMT, Public
Safety/Fire Rescue
Robert Isom, Firefighter/EMT, Public
Safety/Fire Rescue
Kara Miller, Fire
Lieutenant/Paramedic, Public Safety/Fire Rescue
Mark Ricci, Firefighter/EMT, Public
Safety/Fire Rescue
Jennifer Roland, Firefighter/EMT,
Public Safety/Fire Rescue
Thomas Rose, Fairgrounds Aid, Tourism
& Business Relations/Fairgrounds (not present)
Edward Simon, Firefighter/EMT, Public
Safety/Fire Rescue
Presentation of Award to Employees
with Fifteen Years of Service
John Guglielmi, Hazardous Materials
Service Technician, Environmental Services/Mosquito Management and Maintenance
(not present)
Russell Cheatham, Chief Mechanic,
Environmental Services/Mosquito Management and Maintenance
Presentation of Award to Employee
with Twenty Years of Service
David Block, Firefighter/EMT, Public
Safety/Fire Rescue
Presentation of Award to Retiring
Employees
Bonnie Atchley, Telecommunications
Manager/Technology/Telecommunications (not present)
Walter Thompson, Mechanic, Public
Works/Fleet Management
ECONOMIC GROWTH AND REDEVELOPMENT
INDUSTRIAL DEVELOPMENT AUTHORITY PROPOSALS
Ms. Dottie Keedy, Director of
Economic Growth and Redevelopment, introduced Mr. Shannon Elswick, Chairman of
the Industrial Development Authority (IDA).
Mr. Elswick stated that a special meeting of the IDA took place, so that
they could discuss three issues they would like to present to the Board, before
the Local Planning Agency (LPA) would be transmitting to the Board its Land Use
Map and its elements, and have a chance to advise if they felt it was
appropriate. As a result, there were
three issues that came out of the IDA that day.
The first issue was that, as the IDA
moved through its life cycle as a board, especially in relation to the commerce
park and some of the other responsibilities, there is a sense that there are
other things that the IDA could or should be doing. The IDA is requesting clarification,
appointment, or direction in the Economic Element of the Comprehensive Plan and
recommending or requesting that the IDA manage or participate in the
preparation of this plan.
The second issue discussed was the
commercial and industrial land uses, as they are currently being developed into
the land use map. The IDA requests that
they be designated as the agency that will lead that planning.
The third issue discussed was a
request for funding to support the strategic planning piece that was discussed
at the Board’s last meeting revolving around economic development.
Mr. Elswick will present what is
discussed today at the IDA’s next meeting, which he believes is going to be
next week. He anticipates that the Board
of County Commissioners will let the IDA know what role the Board would like
the IDA to take. He believes the
elements left for the IDA would be the Industrial Development Authority bonds
that may come up, jobs growth incentive funds, impact fee waivers, and
continued management of some of the elements of the park. The IDA would like the Board of County
Commission’s counsel and advice, to give clarity to the IDA’s role and the
areas that the IDA would function or not function in.
Commr. Pool expressed concern about
timing, as far as the LPA making recommendations and comments was
concerned. He questioned whether the IDA
would also be able to give input about both the strategic long-range plan and
locating commercial and industrial nodes in the county. He believes the IDA is
concerned that, if it goes too long, the IDA may be left without a mission in
that area.
Mr. Elswick commented that, at the
last Board Meeting, it was the Board’s intention that the IDA participate at a
very strong level in the discussion of economic development and the strategic
planning in the county, and he believes that would put them “at the
table.” He conveyed that some of the IDA
members have expressed doubts about whether they would be “at the table.”
Commr. Stivender asked, if putting a
member of the IDA on the LPA at this point would be of assistance to the IDA
and add presence for them.
Mr. Elswick expressed interest in an
agreement with this idea. However, the
Commr. Cadwell addressed the third
IDA issue first, stating that the Board will request funding, but how the Board
handles the funding and where it goes needs to go up for discussion, and
requested that Mr. Elswick come back to the Board with a plan for that.
Commr. Cadwell then addressed the
first IDA issue, stating that it sounded good to him to have the IDA
participate in the Economic Element, but that Mr. Elswick should bring back a
framework of how they would do that. He also stated that they would be at the
table, because they would need to have a true discussion of the IDA’s
role. He went on to say that the actual
Economic Element itself may not make it in this first round of the
Comprehensive Plan. He stated that the
Economic Development issue should be completely separate from the issue of land
use and that there is no need for two agencies to be working on land use, but
that the land use elements of it that affect commercial/industrial uses be
funneled through the IDA.
Mr. Elswick will take back to the IDA
the comments of the Board from today’s meeting, stating that there is money in
the budget; this process is going forward; and while they might not lead the
process, they will be at the table, and that is a clear message. The Board of County Commissioners will lead
the initiative of strategic planning, not the IDA, nor the Chamber Alliance. The Board will make sure that it is a very
inclusive process, including public comment, input, and participation. Also, the message regarding the second issue
is that consideration will be given to a formalized structure, but right now
the IDA should review, recommend, and comment on the process as it goes forward
and participate in those open meetings, but not wait for some structural
change. The IDA and LPA would come to
each other’s meetings and possibly have a joint workshop in the future.
Commr. Pool stated that he believes
both the voluntary boards of the IDA and LPA have a responsibility, do a great
job, and are well attended. He felt that
Ms. Dotty Keedy, Director of Economic Growth and Redevelopment, will lead the
way regarding the Economic Development section of the County. He assured the Board that he will take the
comments back to the IDA.
EMPLOYEE SERVICES
BCC HOLIDAY SCHEDULE
On a motion by Commr. Cadwell,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board
approved a request from Employee Services to observe December 24, 2007, and
December 31, 2007, as holidays, and to adopt the 2007 BCC Holiday Schedule.
GROWTH MANAGEMENT
WAIVE REQUIREMENT OF CENTRAL POTABLE WATER SERVICE IN
URBAN
EXPANSION FUTURE LAND USE CATEGORY
Mr. Wayne Bennett, Planning Director,
Planning and Development Services, Growth Management Department, spoke to the
Board requesting a Growth Management Department waiver of the requirement of
central potable water service to the Urban Expansion future land use category
for a subdivision called Garrett Place, which consists of approximately 10 lots
on10 acres, as a result of rezoning approved by the Board. It is surrounded on the west, south, and
north by the Wedgewood PUD, which has a central water system. He requested a potential waiver of the requirements
for the installation of a central water system for this particular
subdivision. The size of the lots are
sufficient, so that it does not require central sanitary sewer service, as long
as the Health Department will approve the appropriate tests. The owners of this
project have approached the Wedgewood subdivision, which has a central water
service, and they have declined to serve this particular development with
water.
Also, the City of Eustis was queried,
because Eustis’ Joint Planning Area (JPA) lies immediately adjacent to this
parcel on the east side. The City
Manager, Mr. Mike Stearman, indicated that Eustis, for at least the next few
years, would be unable or unlikely to provide service to this site.
Mr. Bennett provided the Board with
information concerning the potential waiver and some thresholds that staff has
used to consider this. This would need
to be considered at a public hearing. If
the Board wishes for him to proceed, it could be heard on October 17, 2006,
after the public hearing for a waiver could be properly noticed.
On a motion by Commr. Cadwell,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board
approved for staff to schedule a public hearing on October 17, 2006, for
consideration of this item, as presented.
PUBLIC WORKS
SPECIAL ASSESSMENT BALANCES AND
SATISFACTIONS OF LIENS
Mr. Jim Stivender, Jr., Director of
Public Works, addressed the Board and explained that this request was to have
been on the Agenda for the September 26, 2006 Board Meeting, but that staff did
not have the paperwork together. He
stated that some of the lots are ones that were acquired and donated to Homes
in Partnership, Inc., noting that it is clearing up the old paperwork and
bringing the items forward to a close.
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved a request to write off Special Assessment Balances (principal plus
accrued interest) and record Satisfactions of Liens.
PUBLIC HEARINGS
SETTLEMENT AGREEMENT IN CASE OF WOODLANDS CHURCH LAKE
LLC VS. LAKE COUNTY; K & M PROPERTIES OF FLORIDA
LLC; AND
PRESTIGE/AB READY MIX LLC
Mr. Sandy Minkoff, County Attorney,
addressed the request for approval of the Settlement Agreement, in the case of
Woodlands Church Lake, LLC vs. Lake County; K&M Properties of Florida, LLC;
and Prestige/AB Ready Mix, LLC. He
stated that this public hearing is required by Florida Statutes, Chapter 163,
to approve the Settlement Agreement that was reached at the mediation. He, as well as Commr. Hill; Ms. Cindy Hall,
County Manager; Mr. Gregg Welstead, Deputy County Manager; and Ms. Carol
Stricklin, Growth Management Director, participated in a mediation process that
took place in Tampa, in September, 2006, regarding the facility adjacent to the
County’s commerce park on US Hwy 27.
They reached an agreement, which provides that the company can require
the County to purchase their current site at the appraised value. They are not required to make the County
purchase it, but, if they want the County to purchase it, the County will agree
to do so. It provides for an MAI
appraisal to determine that value. At
the same time, the County has agreed to sell one of two sites that it owns
within the commerce park for the company to relocate, contingent upon the
approval of the IDA’s Architectural Review Committee. If they purchase the site from the County,
the land value would be the same as the land value the County would pay for the
site, so essentially it would be a swap, other than the improvements.
Mr. Minkoff went on to clarify that
the Settlement Agreement also states that Prestige will cease its operation of
heavy industrial use at the site. If
they relocate within the County’s commerce park, they have to cease within 18
months from the effective date, which would be today. If they relocated to another site, then they
would have to cease within 22 months.
The Settlement Agreement has some additional operational requirements
that they have to meet during the time they are allowed to operate and some
provisions that would extend those times, such as a hurricane. In addition, whether the County purchases it,
or Prestige keeps it, the site will continue to be used for all the uses listed
in PUD Ordinance No. 2006-86, other than heavy industrial. The County would bear the risk of reselling
the site, if they purchased it at a fair market value, which the Board felt was
an acceptable risk. It would remove the
concrete operation from the facility.
All the parties have agreed to sign the Settlement Agreement.
Commr. Hanson opened the public
hearing.
Mr. Craig Tye, from the City of
Leesburg, addressed the Board and commented that he lives fairly close to the
site and, after seeing all the anguish that the residents have gone through, he
thought the Board was making a wonderful decision.
There being no further individuals
who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that this
settlement was the best the County could do in a very tough situation and
commended the County Attorney and his staff, Commr. Hill, and the County
Manager for working through it.
Commr. Pool stated that the Board
said they would make sure the settlement was handled correctly, and it was, and
he was proud of that, even though it was a couple of months late.
Commr. Hill stated that it was a
pleasure representing the Board during the mediation process, which took 12-14
hours, and they brought the resolution forward that they hoped would benefit
all parties, and all parties shared in the decision.
On a motion by Commr. Hill, seconded
by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved
the Settlement Agreement, in the case of Woodlands Church Lake, LLC vs. Lake
County; K&M Properties of Florida, LLC; and Prestige/AB Ready Mix, LLC, as
presented.
ORDINANCE CREATING CHAPTER 5A OF LAND DEVELOPMENT
REGULATIONS ENTITLED NECESSARY PUBLIC
SERVICES AND FACILITIES
The County Attorney, Mr. Sandy Minkoff,
placed the proposed Ordinance on the floor, for its first reading, by title
only, as follows:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE,
APPENDIX E, LAND DEVELOPMENT REGULATIONS; CREATING NEW CHAPTER V-A ENTITLED
NECESSARY PUBLIC SERVICES AND FACILITIES; CREATING SECTION 5A.00.00 GENERAL
PROVISIONS AND PURPOSE AND INTENT; CREATING SECTION 5A.01.01, ENTITLED REQUIRED
EDUCATIONAL FACILITIES TO BE IN PLACE PRIOR TO CREATION OF NEW LOTS OR CREATION
OF NEW DWELLING UNITS THROUGH SITE PLAN APPROVAL; CREATING SECTION 5A.01.02
APPLICABILITY; AMENDING SECTIONS 14.07.01 SUBDIVISIONS, 14.09.01 SITE PLANS,
14.10.01 MASTER PARK PLANS, AND 14.11.01 MINOR LOT SPLITS; 14.11.02 FAMILY LOT
SPLITS, AND 14.11.03 AGRICULTURAL LOT SPLITS TO REQUIRE AUTHORIZATION FROM THE
LAKE COUNTY SCHOOL BOARD SHOWING THAT EXISTING SCHOOL CAPACITY EXISTS OR IS
PLANNED PRIOR TO FINAL APPROVAL OF PLATS, SITE PLANS OR LOT SPLITS WHICH CREATE
FIVE (5) OR MORE NEW LOTS OR DWELLING UNITS; CREATING SECTION 1.02.08 SPECIAL
VESTING FOR SUBDIVISIONS, SITE PLANS AND LOT SPLITS TO PROVIDE A SPECIAL
VESTING PROVISION FOR SUBDIVISION PLATS WHERE APPLICATIONS FOR PRELIMINARY PLAT
APPROVAL WERE FILED ON OR BEFORE SEPTEMBER 5, 2006 AND FOR SITE PLANS AND LOT
SPLITS WHICH WERE APPLIED FOR BEFORE SEPTEMBER 5, 2006; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Minkoff explained that the
Ordinance essentially requires that school facilities be available before new
housing units are approved in the County, for people who applied after
September 5, 2006. It also applies to
people who applied before that whose development order, rezoning ordinance, or
PUD requires them to meet school concurrency.
The Chairman opened the public
hearing.
Ms. Cecilia Bonifay, from the law
office of Akerman Senterfitt, addressed the Board and stated that she will file
a Notice of Appearance on behalf of all her clients that are affected
parties. She commented that while she
understands that Lake County, in engaging in the pilot process, must move
forward with school concurrency well in advance of other locales throughout the
state, many in the development community think that all the sanctions are in
place but not any of the alternatives.
She was concerned that making this retroactive to September 5, 2006, is
not the usual process; usually these are forward-reaching, and that even though
there was a public hearing, the development and business community did not have
an understanding as to what was going on.
She believes that this has had little or no public input, and that the
meetings were only attended by representatives of the School Board, the County
staff, and some of the municipalities.
She also claims that the public in general was not at those meetings,
was not encouraged to attend those meetings, and were not encouraged to speak
at them.
Ms. Bonifay added that even though
this Ordinance talks about some general vesting, it does not specifically refer
to common law and statutory vesting. It
requires that you have to get a concurrency or capacity determination from the
School Board. She feared this would
render complete control to the School Board, which has some members who seem to
think this now gives them an opportunity to stop all development in Lake
County, which would in effect impose a moratorium. She recommended that the School Board review
Senate Bill 360 and the entire issue of school concurrency, and that it is no
way a mechanism to declare a de facto or any other kind of moratorium in Lake
County. There should also be mitigation
measures that are outlined, such as what the criteria are going to be, what the
time frame is going to be for processing that, and what the ranges of options
are.
Ms. Bonifay was also concerned that
historically the School Board has not tried to adopt any of the alternative
mechanisms offered by developers such as the developers building schools and
leasing them back to the School Board, educational facilities benefit districts,
and bonding impact fees.
Ms. Bonifay also gave her opinion
that she believes the Board of County Commissioners is the only party, other
than the municipalities, who can require that the School Board do something to
show good faith in coming up with solutions.
She urged the Board not to adopt the Ordinance, and thought it unfair
that developers that are paying impact fees would be told they couldn’t go
ahead with their projects.
Commr. Pool expressed concern for the
impact fee issue and asked County Attorney Minkoff if developers would have the
opportunity to negotiate impact fees by mitigating the amount by building
schools themselves or some other solution.
Mr. Minkoff responded by stating that under the Statute and the
interlocal agreement, if a mitigation agreement is entered into by the School
Board, credit should be given to the developer for payments made under that
mitigation agreement. This would be
similar to what is done for roads.
Commr. Hanson expressed concern to the
County Attorney about the possibility of a lawsuit or challenge of a decision
that is perceived to be arbitrary and whether the Board could be included in a
lawsuit or challenge. Mr. Minkoff
responded that if there was a challenge, he thought both the Board of County
Commissioners and the School Board would be involved. Commr. Cadwell responded by saying that he
thought Senate Bill 360 would give some protection in general and the Ordinance
itself has a review process, which he thinks the School Board will follow. He thinks the Board should move forward with
this Ordinance and that the Board is moving in the right direction, and that
this would be a positive step for the Board.
He believes that the School Board is not trying to stop all economic
growth and development.
On a motion by Commr. Cadwell,
seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board
approved the first reading of the Ordinance creating Chapter 5A of the LDR’s
entitled Necessary Public Services and Facilities, with the second reading and
final public hearing to be held October 17, 2006, at 5:05 p.m.
REPORTS – COUNTY ATTORNEY
INVITATION TO SPEAK AT JOINT MEETING OF ORANGE COUNTY
SCHOOL
BOARD AND ORANGE COUNTY COMMISSION
Mr.
Sandy Minkoff, County Attorney, informed the Board that he accepted an
invitation to speak at the joint meeting of the Orange County School Board and
the Orange County Commission on October 9, 2006, to describe to them Lake
County’s experiences in this process.
REPORTS
– COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4
DISCUSSION REGARDING ALL-TERRAIN
VEHICLES OPERATING ON UNPAVED ROADS
Sheriff
Chris Daniels addressed the Board to discuss possible action concerning Chapter
316.2123 of the Florida Statutes, which allows all-terrain vehicles (ATV’s) to
operate on unpaved roads, with certain conditions. It was noted that the
Statute allows counties to opt out of this legislation, at which time Commr.
Hanson stated that several surrounding counties have already opted out. He stated that there have been tremendous
countywide problems with ATV’s in Lake County.
If this legislation is not opted out of, he foresees an increase in the
problems. He also thinks that Public Works
has a concern about maintenance of the unpaved roads that ATV’s would be allowed
to ride on, especially clay roads. He also sees a problem with the ATV’s not
obeying the speed limit of 35 mph, which would create another problem.
Commr.
Cadwell was concerned that the Forestry Service and other land managed areas
are limiting ATV uses, putting more pressure on ATV riders to find some place
to ride, but thinks that opening the unpaved county roads for that is going in
the wrong direction and would cause a severe problem, where ATV riders ride up
and down the roads all day long, bothering residents in that area. He thinks the County needs to get together
with the Forestry Service and make sure there is somewhere for the ATV’s to
ride.
Commr.
Hanson commented that approving this opt-out option would only continue the
laws of what the County has currently, without additional restrictions. She and Commr. Cadwell stated that a lot of
people are coming from outside the County and running ATV’s on our roads all
weekend.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board approved to opt out of Chapter 316.2123 of the Florida
Statutes.
Mr.
Minkoff suggested that an ordinance pertaining to this issue be prepared and
brought before the Board, at a later date, for approval.
PUBLIC
HEARINGS
ORDINANCE ENTITLED EXEMPTIONS
RELATING TO IMPACT FEES
Mr. Sandy Minkoff, County Attorney,
placed the proposed Ordinance on the floor, for its first and final reading, by
title only, as follows:
AN ORDINANCE
OF THE BOARD OF THE COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING
SECTION 22-14 , LAKE COUNTY CODE, TO CLARIFY THE APPLICATION OF THE IMPACT FEE
EXEMPTIONS FOR REPLACEMENT MOBILE HOMES AND TO ADD A NEW CATEGORY FOR EXEMPTION
OF IMPACT FEES FOR PARK AND LIBRARY IMPACT FEES FOR REPLACEMENT MOBILE HOMES;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ms.Wendy
Wickwire, Impact Fee Coordinator, explained that this was a cleanup
ordinance. The intent always was to
allow an exemption from the impact fee for replacement of any existing
homes. However, the way this ordinance
currently reads, if there has ever been a legally existing mobile home on the
property, it allows it to be exempt.
This would allow anyone that has ever had a mobile home on the property,
even as far back as the 1970’s, to be exempt from payment of all their impact
fees. This would be a cleanup to close
that loophole, and also they missed addition of the park and library impact
fees the last time the ordinance was rewritten, to allow an exemption from
those impact fees, so it is filling that gap in too. This would only apply to mobile homes,
because what is written for existing conventional homes is sufficient.
Commr. Hanson asked why,
specifically, would the Board pass this ordinance if there had been one - that
impact was created when there was a home the property, whether it was removed
or not, to which Ms. Wickwire responded that they use the situation existing at
the time to determine the fee. The fee
is not calculated to include properties that have no homes on them. It only includes properties that do have
homes on them. Commr. Hanson commented,
and Commr. Stivender agreed, that it is a fine line.
On a motion by Commr. Cadwell,
seconded by Commr. Hill and carried, by a 4-1 vote, the Board approved
Ordinance No. 2006-102, as amended.
Commr. Stivender voted “no”.
ORDINANCE ADDING CATEGORY FOR IMPOSITION OF
TRANSPORTATION
IMPACT FEES CALLED HOME IMPROVEMENT
SUPERSTORE TO CODE
Mr. Sandy Minkoff, County Attorney, placed
the proposed Ordinance on the floor, for its first and final reading, by title
only, as follows:
AN ORDINANCE
OF THE BOARD OF THE COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING
SECTION 22-37, LAKE COUNTY CODE, TO ADD A NEW CATEGORY FOR IMPOSITION OF
TRANSPORTATION IMPACT FEES CALLED HOME IMPROVEMENT SUPERSTORE; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Ms. Wendy Wickwire, Impact Fee
Coordinator, addressed the Board and presented a brief overall explanation of
the proposed Ordinance. In response to
questions from the Board, Ms. Wickwire explained that the category, Building
Materials and Lumber Store, was challenged by the Lowe’s in Mt. Dora. The current Ordinance allows for specific
fees, and if a certain fee in the current ordinance is lowered, it would set a
precedent for future similar uses. This
category has been in the Institute of Transportation Engineers manual, but
until recently it had such a small number of studies that it was not
statistically significant. They have
added more studies to the manual in recent years, so they now feel it is a
statistically valid number.
Commr. Cadwell asked if the rate was
that much different than a hardware store.
Ms. Wickwire responded that it was a couple of thousand dollars cheaper
per thousand square feet. A hardware
store is more expensive because they are more compact. The traffic generated on a per square foot
basis is less for much larger stores.
For example, Walmart pays a cheaper impact fee per square foot basis
than a smaller retail store.
Commr. Stivender expressed concern
that this would penalize the smaller businesses such as Ace Hardware. Ms. Wickwire responded that the fees are
based on statistical facts and studies.
Mr. Minkoff, County Attorney,
commented that he wouldn’t call it a penalty; and that the fees are based on
the number of trips and the length of the trips. The larger stores would typically have longer
length trips, but fewer trips per square foot than the smaller stores, where
the trips would be shorter, but much greater in number.
Commr. Pool noted that Lowe’s was
successful with their challenge.
The Chairman opened the public
hearing.
No one present wished to address the
Board.
There being no one present who wished
to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded
by Commr. Pool and carried by a 4-1 vote, the Board approved Ordinance No.
2006-103, amending Section 22-37, Lake County Code, as presented.
Commr. Stivender voted “no.”
ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS TO
INCLUDE
EXOTIC ANIMALS IN ZONING MATRIX
Mr.
Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for
its second and final reading, by title only, as follows:
AN ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION
3.01.03, LAKE COUNTY CODE, APPENDIX
E, LAND DEVELOPMENT REGULATIONS, ENTITLED SCHEDULE OF PERMITTED
AND CONDITIONAL USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING
FOR
AN EFFECTIVE DATE.
The Chairman opened the public
hearing.
No
one present wished to address the Board.
There
being no one present who wished to address the Board, the Chairman closed the
public hearing.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved Ordinance 2006-204, amending Section
3.01.03, of the Land Development Regulations to include exotic animals in the Lake
County zoning matrix, as presented.
OTHER
BUSINESS
APPOINTMENTS
TO ENVIRONMENTAL PROTECTION ADVISORY BOARD
Commr.
Hanson stated that this was a committee that she has pushed to have re-enacted
for some time. She suggested that the
Board postpone appointments to Districts 1 and 2, until a later date, in that
the County has not received any applications from those two districts. She stated that the County did receive
applications from Districts 3, 4, and 5 and, had the County received
applications from Districts 1 and 2, she would move forward with the
appointments. She encouraged the Commissioners from Districts 1 and 2 to try to
find individuals who are willing to serve on that very important board. She believes that there are many things that
could be done environmentally that that committee could bring before the Board.
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a 5-0 vote, the Board approved to postpone the appointments as noted.
APPOINTMENTS TO LAKE SUMTER METROPOLITAN PLANNING
ORGANIZATION (LSMPO) BICYCLE AND PEDESTRIAN ADVISORY
COMMITTEE (BPAC)
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board approved the appointments of Mr. Gary R. Zogg (District
3) and Mr. Todd Smith (District 5), who will serve as a District 1
representative, due to the fact that they do not have someone to represent
District 1.
REPORTS -COUNTY ATTORNEY
CREATION OF COMMUNITY DEVELOPMENT
DISTRICT
The
County Attorney, Mr. Sandy Minkoff, informed the Board that they have received
an application from Sugarloaf Mountain to create a Community Development
District (CDD) for that project. If the
CDD is larger than 1000 acres, it is not one that the Board creates. The Governor and Cabinet, or the Florida Land
and Water Adjudicatory Commission (FLWAC) creates it. Under the Statute, they are required to have
a public hearing, and they appoint an administrative law judge to conduct that
hearing in the County. The Statute would
also allow the Board to have a separate hearing if desired.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board elected not to hold a separate public hearing on this
issue, and just to attend the hearing conducted by the administrative law
judge.
AGREEMENT WITH FLORIDA ROCK
INDUSTRIES REGARDING ASTATULA
SAND PLANT
The
County Attorney, Mr. Sandy Minkoff, discussed his request for approval and
execution of the Agreement with Florida Rock Industries, for Financial
Responsibility for the Astatula Sand Plant.
He explained that one of the provisions in the Code for those that have
to provide financial security or guarantees is whatever the County Attorney
feels would be an acceptable guarantee.
Florida Rock, in connection with one of its sand mines in Astatula, has
requested that the Board takes its financial status as an acceptable guarantee,
which the Board has done in the past for large publicly-owned companies. Florida Rock appears to be a very solid
company, and it would not be an issue of reclamation. Mr. Minkoff also explained that the Agreement
requires Florida Rock to annually give the Board a report, and if it looks like
there is a deterioration in their financial status, then the Board can demand a
bond at that point.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board approved the Agreement with Florida Rock Industries
for Financial Responsibility for Astatula Sand Plant, as presented.
APPOINTMENTS
TO VALUE ADJUSTMENT BOARD
Mr.
Sandy Minkoff, County Attorney, informed the Board that this was a request for
them to appoint the three members to the Value Adjustment Board (VAB).
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a
5-0 vote, the Board approved the selection of the following members to serve on
the VAB: Commr. Cadwell, Commr. Hanson, and Commr. Stivender, with the School
Board selecting two members to serve on it, as well. An organizational meeting for the VAB has
been scheduled for October 17, 2006, at 8:30 a.m.
APPOINTMENT OF OUTSIDE COUNSEL
The
County Attorney, Mr. Sandy Minkoff, informed the Board that he added to the
Agenda a request for appointment of outside counsel. He stated that the County had previously
retained the firm of Stenstrom, McIntosh, Colbert, Whigham, Reischmann &
Partlow, P.A., from the City of Sanford, to work with them as outside counsel
on eminent domain matters; however, one of the key lawyers that the decision
was based upon has decided to leave that firm.
He stated that he would like Board approval to name either the firm of
Pennington, Moore, Wilkinson, Bell, and Dunbar; or the firm of Broad and
Cassell, to work as outside counsel.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously
by a 5-0 vote, the Board approved to direct the County Attorney to proceed to
seek outside counsel for eminent domain cases, by consulting with the number
two and number three applicants noted above.
REPORTS
– COMMISSIONER HILL – DISTRICT 1
ELDER
AFFAIRS COORDINATING COUNCIL/CANVASSING BOARD
Commr.
Hill thanked Ms. Allison Thall, Elder Affairs Director, Department of Community
Services, and the Lake County Elder Committee, for a very successful symposium
this past week, with over 200 people being in attendance. She stated that the Elder Affairs
Coordinating Council had a table in the lobby, with information about said
Council being available for those who were interested. She stated that, on October 20, 2006, at 9:00
a.m., she has a Canvassing Board meeting and will not be able to attend the
Elder Affairs Coordinating Council meeting being held that day and wanted to
know if she would need Board approval to have Commr. Cadwell fill in for her at
that meeting.
It
was noted that she did not need Board approval for same.
CITIZEN
QUESTION AND COMMENT PERIOD
Commr.
Pool introduced Ms. Jenny Wagner, noting that she would be addressing the
Dwight’s Road issue. He explained that
many years ago Dwight’s Road was ranked at the top of the road resurfacing
list. The Board did a bid to resurface
the road, and it came up as very expensive.
He stated that Ms. Wagner left one of the Board Meetings thinking that the
County was going to do a double surface treatment on Dwight’s Road, but that is
not the plan at this time.
Ms. Wagner addressed the Board and
stated that she was concerned, because, when she first moved to a house on that
road, she was given an indication that the road would be paved, and now another
road project has moved ahead of it.
After he got a call from her expressing concern, Commr. Pool told her to
come to the meeting and express her concern about Dwight’s Road to the
Board. He was under the impression that
she would be satisfied to have the double surface treatment on the one-mile
long road.
Ms.
Wagner explained that the road is on a hill, so when it rains, all the dirt
comes down into the homes. The road is
terrible in both dry and wet seasons, with two or three foot ruts. When she moved there 18 years ago, she was
told by the County that it would be paved in 3-5 years. She was trying to be patient with the County,
but was discouraged and offended that the Keene Road project was put ahead of
Dwight’s Road, and that the priority for her road keeps getting pushed
back. The right of way issue posed a
problem about 7-8 years ago, but that problem has been resolved. She wants to know the true status of the
project and whether the road will be paved.
Ms. Wagner was also concerned because the maintenance to smooth the road
went from twice a week to once every other week. In the dry season, there is constant bumping,
and in the wet season, residents are lucky to get to their houses, because the
clay becomes mud. It is a constant
problem, so she wants to know what to tell her community.
Mr.
Jim Stivender, Jr., Lake County Public Works Director, told the Board that in
the Spring of this year, this job was bid, and the funding was set aside as a sales
tax program for this year. The price
came in almost twice what was estimated, which was a million dollars a mile for
a clay road. Then, the budget numbers
were adjusted, based on new price information.
Also, Keene Road was in the process before this project and running
parallel to it.
Mr.
Stivender went on to explain that one thing they did last year was to pay back
the impact fees for previous sales tax projects such as CR 439 and CR 46A in
east Lake County. By paying themselves
back so they could move forward with impact-fee projects in District 5, they
had to reduce the revenue coming in.
Therefore, they had to reschedule some of the projects that were coming
in this year and next year. His
department basically had one capital project for 2006/07 (Keene Road) and one
for 2007/08 (Dwight’s Road). They are
now in a situation where, if these projects come in below the estimated cost,
which is $1.2 million for Keene Road, they may be able to advance this. Right now, they are doing a conservative
estimate, because of the dilemma they had in pricing and bidding.
Commr.
Pool asked Mr. Stivender how much a double surface treated road would cost. Mr
Stivender responded $780,000.00 for materials cost only. Mr. Stivender stated that he thought Dwight’s
Road is a simpler project to build than Keene Road, which has a lot of vertical
and horizontal challenges and is a shorter road, but more complicated. Both roads have been in the program for
years. Commr. Pool brought up the decrease of the maintenance of Dwight’s Road,
and asked him about bumping up the maintenance schedule. Mr. Stivender stated he will check on that
and was not aware of it. He expressed
concerns that unless it was very dry, a grader should not be out there twice a
week, and the daily traffic on that road would immediately cause the bumps to
occur again.
Ms. Wagner stated that she did not
see Keene Road on any documents she has been gathering for the last several
years, except for the one from last year.
She is frustrated and feels that it is not fair that they continually
get pushed back, and they are trying to do everything the right way. She received a letter from one of the staff
stating that they will contact her when they have the budget hearings, and no one contacted them so that they could be
present to voice their opinion.
Mr.
Stivender stated that he believes that this project was in impact fees and not
sales tax. Many of the adjustments were
to move projects out of that fund because of Senate Bill 360 of the Growth
Management Act. This resulted in it not
being funded, so he was not sure if those projects were in sales tax the last
3-4 years.
Commr.
Pool commented that the Board needs to be careful about giving people the
indication or belief that something is going to happen. Commr. Pool stated that he is aware that
asphalt tripled in price, but there have been citizens that they made some
commitments to that would not understand, and the Board would get those calls.
Commr. Hanson commented that she
thinks in the future, the commitments would be more reliable, because the
commitments are not made until the dollars are there, so that part of it should
straighten out. In the meantime, some of
these people are frustrated.
Ms.
Wagner stated that one reason she was so frustrated was that the funding was
identified, so she wants to know who pulled the funding Ms. Wagner appreciates the job the Board does
and appreciates their time.
Mr. Stivender stated that, if they
get the funding, they will do the double surface treatment, possibly in April.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 10:40 a.m.
__________________________________
CATHERINE
C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK