A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 17, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, October 17, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; and Robert A. Pool. Commissioner Debbie Stivender was not present, due to illness.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Ken Harley, Public Transportation Manager, Department of Community Service, gave the Invocation and led the Pledge of Allegiance.

SALES SURTAX COMMITTEE REPORT

Mr. Bob Speaks, City of Tavares Councilman, addressed the Board regarding the Sales Surtax Revenue and Expenditure Summary Report.  Mr. Speaks first gave a brief introduction of the inception of the extension of the one-cent sales surtax for a second 15-year term on November 6, 2001.  He stated that Ordinance No. 2001-130 established the Sales Surtax Oversight Advisory Committee to review the expenditures and provide a semi-annual report to the Board, the School Board, and the municipalities.  A report was given out showing the details of the expenditures, by category and local governments that were benefiting; as well as the minutes of the committee’s meeting.

Commr. Hanson commented that she appreciated the work of the committee to make sure the tax dollars are spent the way they were intended.

On a motion by Commr. Pool, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved to recognize the Sales Surtax Oversight Advisory Committee’s report and their next meeting on March 12, 2007.

AGENDA UPDATE

The County Attorney, Mr. Sandy Minkoff, requested to add to the agenda an update on the status of the eminent domain cases regarding the downtown Tavares properties.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a vote of 4-0, the Board approved to add said item to the agenda.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Minutes of August 1, 2006 (Regular Meeting), as presented.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Minutes of August 15, 2006 (Regular Meeting), as presented.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a vote of 4-0, the Board approved the Minutes of August 28, 2006 (Special Joint Meeting – City of Mount Dora), as presented.

On a motion by Commr. Cadwell, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved the Minutes of September 12, 2006 (Regular Meeting), as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 2, Items 1 through 8, 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.

Deer Island Community Development District Meeting Schedule for Fiscal Year 2007

Request to acknowledge receipt of Deer Island Community Development District Meeting Schedule for Fiscal Year 2007, in accordance with Chapter 189, Florida Statutes.  The Board of Supervisors of the Deer Island Community Development District will hold their meetings for Fiscal Year 2007, at 7:00 p.m., at the Clubhouse, 17450 Deer Island Road, Deer Island, Florida, on the following dates:

November 13, 2006 (Landowners)

February 26, 2007

May 21, 2007 (Third Monday)

August 27, 2007

Country Club of Mt. Dora Community Development District Meeting Dates for Fiscal Year 2007

Request to acknowledge receipt of Country Club of Mount Dora Community Development District Meeting Dates for Fiscal Year 2007, in accordance with Chapter 189, Florida Statutes.  The Board of Supervisors of the Country Club of Mount Dora Community Development District will hold their meetings for Fiscal Year 2007, at 8:30 a.m., at the Country Club of Mount Dora Community Center, 1400 Country Club Boulevard, Mount Dora, Florida, on the second Thursday of the following months:

November 9, 2006

February 8, 2007

May 10, 2007

August 9, 2007

            Florida Public Service Commission Hearing and Prehearing Conference

            Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Conference to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons before the Florida Public Service Commission:

Docket No. 060001-EI – Fuel and Purchased Power Cost Recovery Clause with         Generating Performance Incentive Factor.

Docket No. 060002-EG – Energy Conservation Cost Recovery Clause0.1

Docket No. 060003-GU – Purchased Gas Adjustment (PGA) True-Up.

Docket No. 060004-GU – Natural Gas Conservation Cost Recovery.

Docket No. 060007-EI – Environmental Cost Recovery Clause.

Notice is hereby given that the Florida Public Service Commission will hold a public hearing in the above dockets at the following time and place: 9:30 a.m. (EST), November 6, 7, and 8, 2006, Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida

Arlington Ridge Community Development District Meeting Schedule for Fiscal Year 2007

            Request to acknowledge receipt of Arlington Ridge Community Development District Meeting Schedule for Fiscal Year 2007, in accordance with Chapter 189, Florida Statutes.

The Board of Supervisors of Arlington Ridge Community Development District will hold their meetings for Fiscal Year 2007 at the Arlington Ridge Administration Building, 4463 Arlington Ridge Boulevard, Leesburg, Florida, on the third Tuesday of the following months:

November 21, 2006

January 16, 2007

March 20, 2007

June 19, 2007

July 17, 2007 (Budget Workshop)

August 21, 2007 (Budget Hearing)

Community Redevelopment Area Document from City of Fruitland Park

Request to acknowledge receipt of Community Redevelopment Area (CRA) document from the City of Fruitland Park, which was approved at the Planning and Zoning Committee Meeting on September 7, 2006, and at the City Commission Meeting on September 14, 2006.

St Johns River Water Management District Budget for Fiscal Year 2006/2007

Request to acknowledge receipt of Fiscal Year 2006/2007 Budget for St. Johns River Water Management District, as adopted by their Governing Board on Tuesday, September 26, 2006.

Annexation Ordinance from City of Fruitland Park

Request to acknowledge receipt of Ordinance No. 2006-017, from the City of Fruitland Park, annexing within the City approximately 14 +/- acres, generally known as the Ezell property, located north of Spring Lake Road, on the west side of U. S. Highway 441/27.  Passed and ordained the 28th day of September, 2006, by the City Commission of the City of Fruitland Park, Florida.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Pool, and carried unanimously by a vote of 4-0, the Board  approved the County Manager’s Consent Agenda, Tabs 3 through 22, as follows:

Budget

Request for approval of a budget transfer of the County Library System Fund, Department of Community Services, Library Services Division. Transfer $5,300 from Contingency and Cash Carried Forward to Cooper Memorial Library.  Need to transfer funds to Cooper Memorial Library – Library Materials Not Inventoried due to an inadvertent omission during the budget process.

Request for approval of Resolution No. 2006-201 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $1,456.00, deposited into Reimbursements and provides appropriations for the disbursement for Office Supplies. Lake County has received additional funding from the State of Florida for the purpose of providing additional funding for the Arts Program in Lake County.

Request for approval for payment of grant dollars for youth recreation.  The request exceeds the County Manager’s approval limit of $25,000.00.  Total payment is for $32,844.00.

Request for approval from Public Works (Engineering), Environmental Services (Water Resource Management) and Growth Management (GIS) for payment for historical aerial scanning and rectification project per interlocal agreement with Lake County Water Authority.  The request exceeds the County Manager’s approval limit of $25,000.00.  Total payment is for $29,508.00.

Community Services

Request for approval and authorization for the Chairman to sign the FY 2006/07 CDBG Partnership Agreement between the Town of Lady Lake and the County in an amount not to exceed $90,900.00, granting the Town CDBG funds to resurface roads in the April Hills Subdivision, 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 the First Amendment to the FY 2005/06 Community Enhancement Area Partnership Agreement between Lake County and the Yalaha Community Club and authorize the Chairman to sign the Agreement.

Request for approval and authorization for the Chairman to sign the contract between Lake County and the State Department of Health for operation of the Lake County Health Department during contract term 10/1/06 through 9/30/07.

Request for approval to continue the direct pay procedure during FY 2006/07 for the monthly Medicaid Nursing Home and Hospital bills as well as for the direct pay for the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 2006.

Request for approval to authorize the Chairman to sign the FY 2006/07 CDBG Partnership Agreement between the City of Tavares and the County in an amount not to exceed $90,900.00, granting the City of Tavares CDBG funds to acquire property to add parking to the Ingraham Center and 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 the revision to our 2003/2004 Florida Department of Transportation Section 5310 Capital Grant.

Economic Growth and Redevelopment

Request for approval of a request and Agreement for the award of Jobs Growth Investment Trust Funds to Dunkin’ Donuts Southeast Distribution Center, Inc. in the amount of $84,000.00 for the creation of forty-two (42) new positions paying at least 115% of the Average Annual Hourly Wage for Lake County or at least $15.66 per hour for Service/Distribution Companies.

Employee Services

Request for approval to renew the contract for Property, Liability and Workers’ Compensation claims management services with Employers Mutual, Inc. (EMI).

Growth Management

Request for approval of a request to advertise proposed ordinance amending Section 14.11.00 of the Land Development Regulations to allow Fractional Sections in lots five acres or larger created through the Minor and Agriculture lot split process.

Procurement Services

Request for approval to (1) declare the items on the attached lists as surplus to county needs, (2) authorize the removal of all of the items on the attached 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 the attached lists have been declared surplus by their respective agencies due to age, wear, and obsolescence.

Public Works

Request for approval to advertise for bids for Special Assessment Project No. 101, for Lisa Drive and Diane Drive located in the Venetian Village Subdivision, Section 15, Township 20, Range 26, at an estimated cost of $234,009.00 – Commission District 3.

Request for approval of the Real Estate Purchase and Sales Agreement for Right of Way – C439/C44A Intersection Project, and authorize the Chairman to sign the Purchase agreement and all closing documents.

Request for approval to award Countywide Resurfacing Project No. 2006-08, Bid No. 06-135, to DAB Constructors, Inc. in the amount of $1,747,042.35 and to encumber and expend funds in the amount of $1,085,188.35 from Sales Tax Capital Projects, Roads Fund, and $661,854.00 from the Transportation Trust Fund (LAP).

Request for approval to award Countywide Drainage II Project No. 2006-09, Bid No. 06-134, to Gibbs and Register, Inc. in the amount of $1,126,348.00, and to encumber and expend $1,126,348.00 from the Stormwater Management MSTU funds.

Request for approval for adoption and execution of Resolution No. 2006-196 facilitating the Supplemental No. 2 Local Agency Program Agreement for the Reconstruction of CR 561 Paved Shoulders and Seawall Damage caused by Hurricane Jeanne, and execution of the Supplemental No. 2 Local Agency Program Agreement with the Florida Department of Transportation for the Reconstruction of CR 561 Paved Shoulders and Seawall Damage Caused by Hurricane Jeanne (FDOT FPN 418576-2-58-01 and 418576-2-68-02) and adoption of the corresponding budget resolution – Commission District 2.

Request for approval to accept the following listed public right of way deeds that have been secured in conjunction with roadway and/or storm water projects:  Seven Statutory Warranty Deeds, four Quitclaim deeds, five Drainage Easement deeds, one Temporary Non-Exclusive Construction Easement Deed & Perpetual Grading Easement, six Temporary Non-Exclusive Easement Deeds, three Non-Exclusive Easement deeds, one Temporary Non-Exclusive Construction Easement Deed, and Perpetual Wall and Grading Easement.

Request for approval and signature of Resolution No. 2006-197 to advertise Public Hearing for Vacation Petition No. 1097, Robert A. Hitchcock, to vacate a portion of the right of way, located in the first addition to the Town of Astor – Commission District 5.

Request for approval and signature of Resolution No. 2006-198 to advertise Public Hearing for Vacation Petition No. 1096, Larry F. Sherer – Rep. Leslie Campione, to vacate a portion of Havre Street, in the Plat of Mt. Plymouth – Commission District 4.

Request for approval and signature of Resolution 2006-199 to advertise Public Hearing for Vacation Petition No. 1098, Avery C. Robert – Rep. Steven J. Richey, PA, to vacate a portion of an access, utility and drainage easement in the Umatilla area – Commission District 5.

COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda as follows:  the request for approval of the agreement between Lake-Sumter Metropolitan Planning Organization (MPO) and Lake County and a request from the County Attorney for approval of renewal of a lease agreement for the Sheriff’s Office located at 902 Avenida Central, The Villages, was pulled.  This item will be brought back to the Board at a later date.

PRESENTATION

UPDATE ON PROGRESS OF JOINT USE LIBRARY PROJECT

Ms. Wendy Breeden, Library Services Director, gave a brief power point presentation about the progress of the joint-use library at the South Lake campus of Lake-Sumter Community College.  The library will have a 6800 square foot children and teen area and 125 computers, including 35 in a computer lab. So far, there has been $5,000,000 in funding which has been matched by the State, a $500,000 State Public Library Grant, and $500,000 in funding from impact fees.

Commr. Pool suggested that she should try to seek additional funding.  Ms. Breeden responded by saying that they are lobbying for federal funds.  Commr. Pool also commented that he is excited about this project, and that many people have commented that Lake County has a user-friendly library system.

Commr. Hanson stated that she appreciates the work that they have done.

PRESENTATION

HARTLE ROAD PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY

AND DESIGN OF HARTWOOD MARSH ROAD

            Mr. Kent Black, the Project Manager for the Hartwood Marsh Road Project Development And Environment (PD&E) Study, gave a power point presentation on this project.  He showed a project location map which showed the location of Hartle Road to be in Clermont intersecting with SR 50.  He then went on to describe the basic components of a PD&E study. He stated that, with the increased traffic and population growth in this area, there is not a lot of good east-west and north-south connectivity in the area of Hartle Road.  It will also be an opportunity to expand the trail system in that area.  There was extensive data collected in this study, including traffic engineering, safety, environmental, cultural, right-of-way, and public input and concern.  He went on to say that the public input they received indicated that they should not widen Hartle Road through the Johns Lake Estates, and that the preferred alignment by those residents would be the west side of the development over by the Jahna Mine area.  During the alternatives meeting in May, the consensus of the 80 participants was that the southern alignment should be through the Rinker Mine area, which avoided a number of private properties, and the north alignment would either tie in at 2E (Emil Jahna Road) or 2g (Hartle Road) on their map.  A typical section of the road would be a divided four-lane road with a sidewalk along the east side and a multi-use trail along the west side.  After evaluating the alignments, they found the most feasible alternatives to be 2A or 2AA through the existing Rinker Mine for the southern alignment and 2G connecting to existing Hartle Road with realignment of Hartle to opposite CR 455 as part of the Hartle Grove Development for the northern alignment.  These alternatives have the least impact and the greatest benefit.  Mr. Black stated that he is asking approval of the preferred alternatives and that he will address any public comment at this meeting.  Then, they will complete their documentation, and roadway design would commence.  He stated that in the current work program, the funding would be $600,000 in 2008, and the funding would be $500,000 in 2009.

            Commr. Pool commented that he appreciates Mr. Black, their staff, and everyone that participated.  It was quite a process, and people were concerned.  He opined that Mr. Black’s pictures gave a good indication of where and how this project could go.  He thought the process went well.

            Commr. Hanson opened the public comment session.

            Mr. Narendran Ramachandran stated that he was a resident that was close to the road and the cul-de-sac on Horizon Court.  He thinks Mr. Black has done an excellent job.  However, he stated that he and some other residents had some concerns, which were addressed in a letter he presented that was signed by those residents.  One of the concerns was that there were not sufficient alternatives presented to them and that there should be additional studies done for the residents of Johns Lake Estates to evaluate.  Also, residents are concerned about noise problems during construction of the road, and they suggest erecting a large vegetative buffer or an eight-foot concrete wall as a sound barrier.

            Mr. Dennis Sheck stated that he was a resident of Johns Lake Road for 13 years and has heard nothing of this project outside of his own investigation, such as the meeting notes he has gotten off the internet.  No one has contacted him, even though it impacts him, because a four-lane road is going to go through his 5 acre property.  He lives parallel with Rinker Sand Mine Road.

            Commr. Pool stated that there were numerous public meetings which were advertised, and 80 people turned out at one meeting.  He went on to say that there was no way they could align this road, as complicated as it is, to make everyone happy, but that everyone worked hard to come up with a solution that would minimize the impact.  This would give a reliever to get on to a different north-south connector if Hartwood Marsh or Highway 50 was in a jam.  He also states that he thinks the safety of the Hartle Road residents getting out at that light would be far better than what it is today.

            Ms. Carol Hallebrandt stated that she lives in Johns Lake Estates.  She wanted the Board to know that she echoes the thoughts of a previous speaker that there could have been other alternatives.  She stated that residents in her area were not informed by the Home Owners’ Association that this was going to happen or asked their opinion until the public meetings came up.  She thinks it is fine that Hartle Road will be extended down, but thinks it should remain two lanes.  She thinks Hancock could be widened to take the bulk of the traffic, and if Hartle Road is widened, it will attract more traffic to that area.

            Ms. Leslie Campione, Attorney, addressed the Board on behalf of Rinker Materials, to express their support of the alignment 2AA on the Southern area.  This would bisect the Rinker Property, and have less of a negative impact on their property, as it kept the road further away from the lake area.  She stated that there are typographic features of the property that they were looking at from the standpoint of site-development costs and their ability to assist in some of the work associated with the road alignment.

            Mr. Martin Shafer, President of Johns Lake Homeowners’ Association, addressed the Board, thanking the Board for their hard work in this effort, especially Commr. Pool, who attended one of their meetings to help guide their community and let them know what his stand was on this project.  He thanked Keith Black and HNTB for being supportive and willing to meet with their association to express and work out their concerns.  He opined that the alternatives that have been provided are the best for all the communities and impacts the fewest amount of people.  He also agrees that there should be a wall included in the design phase along the backside to mitigate some of the noise and maybe some vegetation for a visual barrier.  He believes that if it stayed a two-lane road, people would still use it and make it worse.

            Mr. James Burkes, whose irrigation business is in that area, addressed the Board, expressing his concern about alternative 2G, which dissects an 85 acre lot that they own.  They are concerned about the lack of contact with them.  They were thinking of developing the rear section in an industrial park and have plans on file with the Walling Engineering firm for that.  They encourage HNTB to consult with them as much as possible as to how it will impact them from this point on.  They would like to see positive growth in Lake County and do not want to hold things up, but just would like to be kept informed.  In answer to Commr. Pool’s question as to how far south their property line is from the blue line on the map, he replied by saying that it goes down to where the residential area starts.  They have a 24 acre parcel as their operating property.  Also, the road would potentially benefit the company, but it would change the plans that they currently have.

            Commr. Pool suggested that the alignment could possibly be somewhat shifted north or south to accommodate their company.  Mr. Burkes stated that that was why they wanted to voice their concerns at this point and work more closely with HNTB, and make this a win-win situation for everyone.

            Commr. Hanson commented that part of the proposal concerning the western side of Johns Lake Estates should include looking at the possibility of sound and visual barriers.

            Mr. Black stated that HNTB holds additional meetings during the design process to update people and work out issues such as corridor alignment.

            Mr. Pool stated that two of the issues brought up by citizens that are important are that sound barriers are taken into consideration and whether or not to build a four-lane road right away or to widen it later.  Mr. Black responded that the traffic evaluation they did showed a need for four lanes, and that the construction will not begin for about five years, at which time traffic will necessitate the need for the four lane road, but if the Board desires or if funding deems it necessary, they can build a two lane road and widen it later.

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved the preferred alignment of 2G (Hartle Road) on the north side and 2A or 2AA (alignment through existing mine) on the south side.

PRESENTATION

TRANSIT OPERATIONS PLAN (TOP)

            Mr. Kenneth Harley, Public Transportation Manager, Department of Community Services, addressed the Board to present the Transit Operations Plan (TOP) by Tindale-Oliver and Associates, Inc., which it has been working on since January.  He stated that this plan has already been presented at the MPO meeting on September 27, 2006, and that the Lake-Sumter Metropolitan Planning Organization (MPO) made an endorsement that the Board adopt the TOP.  He went on to explain that this TOP essentially implements the Transit Development Plan that was adopted by the Board last year.  The plan outlines the operation standards for the fixed-route transportation that they are anticipating starting in February of next year.  Five buses (transit vehicles) have already been ordered, which were funded in part by the Federal Transit Administration , using cold revenue credits, so that the Board would not have to expend any additional dollars to pay for that capital equipment.  Mr. Harley stated that the project has been getting community-wide support from all the governmental agencies that are part of the urbanized areas of the county.  Also, they have gotten many calls from residents who are interested in fixed-route transportation and looking forward to the date that it would start.  He introduced Joel Ray, the project manager from Tindale-Oliver to present a power-point presentation for the Board’s adoption of the TOP.

            Mr. Joel Ray, Senior Project Manager from Tindale-Oliver, addressed the Board, stating that he would explain briefly the presentation that has been given to the Transportation Advisory Committee (TAC), Citizens’ Advisory Committee (CAC), and the Lake-Sumter Metropolitan Planning Organization (MPO), telling a little of the operations plan, its purpose, and what they are projecting would be operating early next year.  He stated that the planning of the TOP has actually been going on before January of 2006, with the development of the Transit Development Plan (TDP) of 2005.  Some of the issues that have been studied are where it should operate, what the route should look like, when it should operate, the fare that should be charged, how many employees will be needed to operate it, and the capital needs for it.  Route 1 shown on the map runs from the Villages, down Highway 27, across Highway 441, into Tavares, and then into Eustis, which has a round trip total running time of about four hours. Four buses will be on that route to give one-hour headways.  He explained that Route 2 is a Leesburg circulator, which serves Leesburg Regional Medical Center and other key points.  They have also proposed Route 3, which is the Mount Dora circulator.  He stated that all three routes will be interconnected, with transfer opportunities.  He also stated that they are acquiring vehicles that will enable them to operate Routes 1 and 2 initially in February 2007.  Subsequently, they will get the rest of the vehicles they need to operate the full service by July 2007.  The buses will operate from about 6 a.m. to about 7:45 p.m.  Saturday services will be postponed until about the fourth year of operation because of funding issues, or approximately 2010, and will run from about 8 a.m. until 5:00 p.m. initially.

            As far as fare policy, Mr. Ray explained that nationally most transit agencies are operating with a base cash fare of about one dollar, including ones in Florida that have started in the last few years.  They recommend starting with a dollar base fare and a reduced fare of fifty cents for senior citizens and students.  There will also be several pass options for those who make multiple use of the system, as well as an ADA complimentary pair transit fare for people who cannot access the fixed route service, which is required by the Federal Government, for $2.00 per trip.  For an incentive for ADA users to use fixed route service, they will be able to ride the fixed-route buses for free if they do not need the additional service. Children five years and younger will be able to ride for free.  He stated that Tindale-Oliver planned on starting with 21 employees, including drivers, maintenance, and dispatch.  They have also recommended a maintenance plan for vehicles and infrastructure at bus stops and their facility.

            Mr. Ray stated that they were going to get buses that were heavy duty with a longer life cycle than a light or medium duty one.  He proposed that the service initially operate on a flag route basis, with no bus stop signs or benches except at the main stops such as malls and medical centers, and with the bus stopping for someone who flags the bus down along the route.  This will help the system better gauge where infrastructure will be needed in these locations.  Public input indicated that the flag stops were well accepted and gave them some idea of where infrastructure of shelters and benches should go.  Public input was also very positive about the transit system in general and helped to guide some decisions that were made regarding the routes and pass options.  He presented some slides showing what the costs of the system would be over the next five years, including vehicles, marketing, and infrastructure, which would be about $1.8 million - $2.6 million a year over the next five years.  He assured the Board that it is not going to cost them anything locally, because the money is coming from state and federal sources as well as current local dollars that are serving some of the transportation disadvantaged and other transportation needs.

            Commr. Hanson wanted to know if we were coordinating with Mid-Florida Community Services as far as an offset to the costs, especially with the aging.  Mr. Ray answered that they are currently providing transportation for them, but if they use fixed route service, it would benefit the system.  He felt that if it was available, the transportation disadvantaged would use the fixed route service.

            Commr. Pool commented that this system would serve a lot of Lake County, but not South Lake County.  He stated that he has been concerned about that, has raised that issue before, and hopes that some time in the future South Lake can be included in the transportation plan.  Mr. Ray assured Commr. Pool he is correct, and that he has heard some of the same comments at some of the workshops as well as at the MPO Board Meeting.  He stated that his firm is currently working on a study for the MPO that is looking at the implementation of circulator services down in the Clermont area, as well as in the Villages area.  In the Villages, they plan to provide circulation throughout that area as well as connectivity to the current service.  In Clermont, they are looking into providing circulation and connectivity to the proposed express route through Lynx, that is going to be operating soon, going from Clermont, across SR 50, and into downtown Orlando.  After the 2010/2011 time frame, the network would then be expanded to serve some of the south county areas as well as some of the northeast areas, like Umatilla.

            Commr. Pool suggested that maybe there can be a bus once a week that runs to Umatilla and back to the shopping centers, to see if there is ridership.  He stated that if there is not any interest, maybe they do not need to go forward with that.  Mr. Ray stated that there might be implementation that could be done in the rural areas for a couple of times a day for two or three days a week or less, that cuts down on cost and would gauge demand as Commr. Pool suggested.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the Lake County Transit Operations Plan.

            RECESS AND REASSEMBLY

            At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes.

PRESENTATION

SCHEMATIC DESIGN AND INTERIM COST ESTIMATES FOR JUDICIAL

CENTER EXPANSION, JAIL UPGRADES, PARKING GARAGE, AND TAX

COLLECTOR/PROPERTY APPRAISER BUILDING

            Mr. Jim Bannon, Facilities Development and Management Director, addressed the Board regarding the Judicial Center expansion, jail upgrades, parking garage, and Tax Collector and Property Appraiser building.  He stated that he has contracted with his architects for design development, construction documents and construction administration of only the 320 West Main Street building and the parking garage, so they will be coming back to the Board subject to approval for an amendment to their contract to move forward with that portion of the work.  They have only committed themselves to preconstruction services with Centex Construction, and when they have a maximum guaranteed price from Centex, they will execute an amendment to their contract to move forward.  They will be requesting approval from the Board to move forward with design development and construction documents.  He stated that these are very early numbers, and this is one of a number of times they will be coming back to the Board updating projected costs of the project.

            Mr. Douglas Kleppin, Executive Associate, HLM Design, gave a power point presentation, showing what the buildings are proposed to look like.  He stated that the Judicial Center had the most change since they last presented it.  He commented that even though there was a reduction of the total square footage by about 25,000 to 27,000 square feet, the building still accommodates the needs of the judges and the clerk’s office.  He explained that they took a floor off of the building plan, changing it from seven to six stories tall.  He also explained that they are keeping the buildings cohesive with the historic courthouse as far as color and style, such as vertical proportions of the windows, limestone detailing, and color of brick.  He stated that this facility can be expanded horizontally to the north and to the east.  The parking garage would be a four-tray parking deck with one-way angled parking, which would be easier to navigate and get in and out of.  This results in about 1200 parking spaces on seven levels and six stories.  They are articulating the base with some of the materials and colors similar to the rest of the campus and softening it with some vertical trellises to support some vine growth.

Mr. Mike Ryan, Vice President of Centex, Criminal Justice Division, introduced some of his staff members: Mr. Jim Wright, Director of Operations, Mr. Warren McCraw, Chief Estimator, and Sofield Ranna, Preconstruction Manager.   He explained that it takes 2 ½ years to design a project of this magnitude on paper, and that he is about a year into the project.  They solicited bids from subcontractors for the parkings garage and office buildings projects.  The subcontractors bid high enough to account for the increase in prices, since the project would not start until 2008.  The total budget costs that Centex projects for the project are high enough to take into consideration the inflation that would take place by the time that the projects are built, and that the costs should be less than projected.  He showed figures stating that the subtotal cost of all the projects would be $146,481,191 in today’s dollars for construction hard costs.  He estimates that “soft costs” such as impact fees, permits, design fees, furniture, and equipment would be an additional $27,718,638, making the project subtotal be $174,179,829 in today’s dollars.  He went on to state that there are other costs which would have to be added to take future costs into consideration, and that the industry has experienced tremendous increases in prices of things such as concrete, steel, cement, and copper.  Mr. Ryan clarified to the Board that they were not asking the Board to approve the cost numbers right now, but is just giving the Board a status report of where the project is right now, and is only asking the Board to consider moving forward with the documents.  He expressed to the Board that he thought this project was a huge undertaking for the County.

Commr. Cadwell commented that the money the County has spent so far and the direction they are going is what they knew they needed to do, and if they move forward with the construction documents, it is going to let them make a decision down the road that they are going to have to make as to what they can and cannot do.  He opined that the value will not be lost if they decide to do something at a later date, so he would encourage the Board to continue to move forward with this project, even if the numbers at this point look overwhelming, since they are probably not the real numbers, and the only way to know that is to move forward with the documents.

Commr. Pool commented that he agrees with Commr. Cadwell, and that these construction documents are what they really have to have to know where they really are.  He opined that the figures given were exaggerated so that Centex does not have to come back to them with a larger figure than was estimated, and that this figure is the highest it could be based on what Mr. Ryan’s market analysis is.  He stated that they have to have construction documents to go forward, that they must build, and then they will see where they stand with their dollars and what they can afford.  He also commented that he appreciated Mr. Ryan’s presentation.  He opined that it was not a rosy picture, but one they have to be prepared for.

Commr. Hill thanked Centex and HLM, and stated that the process has moved along smoothly, and she appreciates the work of Mr. Bannon.  She asked whether the Board needs to make some decisions as to the future expansion or whether to obtain the Leed Certification before they move the documents forward.

Ms. Cindy Hall, County Manager, stated that she thought the architects would like to know, in order to provide the construction documents, if the Board does want to add another floor as shell space on the Courthouse, which would cost about another ten million dollars, and whether the Board wishes to pursue the Leed Certification.  They have indicated that they can do Leed-like efficiencies without doing the whole Leed Certification, which would be five million dollars to obtain the Silver Certification.  She stated that those are two things they would need to know, because it does affect how they draw the drawings.

Commr. Pool asked if the Board can put in the construction documents that they can bid it both ways, and whether they can design the building in the event they want to go with Leeds, but if they do not, it is just a bid option or alternate.

Mr. Ryan responded by stating that that could not be done easily.  He also stated that he could not guarantee that construction would be five million dollars less without the Silver Leeds Certification, and there is Leeds Certification that is less than the Silver.

Commr. Pool stated that the Leeds Certification would only be worthwhile if they saved enough money over time by having it to be a benefit.  If they could not benefit by saving money, it might not be worth obtaining.

Mr. Ryan responded by stating that he owed the Board some life-cycle cost analysis of the system they would be proposing, and there would be a number of presentations to follow that would require incremental decisions, mostly working with staff, but they have a lot more decisions to make in the future.

Commr. Cadwell opined that if Centex is engineering an energy efficient building anyway, then the building would be close to that Leed Certification, and that the Board should just give Centex direction to do everything they can to at least get the Certification, if not the Silver.

Commr. Hanson commented that she thinks they should move forward and not make that determination at this point, especially since there is no way to determine if there will be a significant difference of the cost of going from the regular Certification to the Silver, at this time.  She also asked whether there will be a difference between recycling the products or taking them to the landfill.

Mr. Ryan answered that in order to recycle the construction materials, they would have to lease a piece of property, take all the construction debris there, and have sorters to sort it into different bins.  He also commented that having Lake County recycle the materials at their own facility would probably save the County money.

Commr. Hill stated that the issue that the Board needs to discuss before doing the motion is the expansion strategies.

Mr. Ryan explained that they have multiple strategies that are build in, such as the base level.  There is a programming horizon that gives anywhere from 15-20 year projection space.  Secondly, they have within the building about 15,000 unencumbered for growth.  Then, there is the ability to expand on the existing site.  All that is part of what they are considering to be the base building.  The decisions are whether the Board would elect to add a floor or add half a floor; and that they could elect to do just the north wing, just the east wing, or to do both.  The north wing would cost 4.2 million, and the east wing would cost about 6 or 7 million.

Commr. Cadwell asked what the users of the courthouse would want, as far as additional courtrooms or additional administrative staff, if they had to pick one or the other.

Commr. Hill stated that the users were concerned about future expansion.  In order for another floor to be added to the building, the base of the building would have to be changed to accommodate that floor for the future, so what they need to know is if they plan to go up another floor in the future at that existing building.  If they want to add on to the building on that campus, then they would not have to change the base of the building.

Mr. Bannon asked the Board if they want to add the additional ten million dollars to the projected cost of the project now with that space shelled out, or do they want to defer that, and expand going east or north abutting to the future buildings, but that they need a decision of whether the Board wants the architects to design for the shelled spaces going vertically.

Commr. Cadwell stated that he doesn’t think they should add additional floors, and that later additions can go north or east.

Commr. Pool opined that he agreed to not have the option of additional floors, and that they are leaving themselves the option of going horizontal.

On a motion by Commr.Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved for staff to move forward with the documentation and to fine tune the numbers.

ADDENDUM NO. 1

PUBLIC HEARING

ORDINANCE PROHIBITING ALL-TERRAIN VEHICLES (ATV’S) FROM

OPERATING ON UNPAVED ROADS

            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, CREATING SECTION 15-13, LAKE COUNTY CODE,

ENTITLED ALL TERRAIN VEHICLE (ATV) OPERATION ON UNPAVED

ROADWAYS, PROVIDING FOR THE INAPPLICABILITY OF SECTION 316.2123,

FLORIDA STATUTES, IN LAKE COUNTY; PROVIDING FOR INCLUSION IN THE

CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN

EFFECTIVE DATE.

Mr. Minkoff went on to explain that the impact of this Ordinance would be to exempt Lake County from the recent statutory change which would allow ATV’s to operate on unpaved County roadways.

Commr. Hanson commented to Mr. Minkoff that she understands that the Ordinance doesn’t change anything other than that language, and if it is not a county-maintained road, they don’t have any other jurisdiction over it.

Commr. Cadwell asked Mr. Minkoff how it would affect maintenance of roads that were not County maintained.

Mr. Minkoff answered that there is currently a Statute that prohibits operation of ATV’s on roadways, and it doesn’t impact maintenance in that Statute, so that Statute would remain in effect.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

Commr. Pool stated that the Sheriff asked for this, and the citizens have come forward asking for this, so it was a concern the Board had.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved Ordinance No. 2006-105, prohibiting all terrain vehicles (ATV’s) from operating on unpaved roads, as presented.

COUNTY ATTORNEY

REPORTS

WAIVER OF CONTINGENCIES IN PURCHASE AND SALE AGREEMENTS

BETWEEN LAKE COUNTY AND TBM PREMIUM FINANCE AND LAKE

COUNTY AND TUCKER NURSERY, INC.

Mr. Sandy Minkoff, County Attorney, stated that the County has contracts to purchase two parcels of property in the Mount Plymouth / Sorrento area for the Park, one with TBM Premium Finance and the other with Tucker Nursery, Inc.  These properties have been to the Zoning Board for rezoning, and they are scheduled to come before the Board for final rezoning next Tuesday, October 24, 2006.  The sellers have asked that prior to a final rezoning occurring, the County waive the contingencies that are in the contract, so that they do not end up with the Board rezoning it for a park and then not purchasing it.  He updated the Board on what has occurred, and stated that on TBM property, the purchase price was $42,922 an acre or approximately $1.7 million, and that the two appraisals for the property were for $1 million and another for almost $2 million.  He stated that on the Tucker property, the purchase price was $48,500 an acre, or roughly $440,000, which has appraisals of $445,000 and $300,000.  He commented that the lower appraisals took a lot away from the property because it was thought to be in the Wekiva area, but he opined that he did not believe those assumptions were correct.  He stated that the selling price of the property immediately across the street was the basis used in the larger appraisal, and he felt comfortable that the appraisals are alright, and he recommended approval on those.  He has had a full environmental survey done of the property, and there are three tanks on the property, two in connection with old windmills that were on the property when it was a grove and the other being an above-ground tank still used for the diesel well pumps.  He stated that it would cost $10,000 if the Board chose to remove all three of them, and he is comfortable with assuming that cost if necessary.  The environmental permitting services showed that there were six gopher burrows on the Nursery site, and estimates to move them off site were less than $8,000.00, and Public Works is planning to move them on to a County conservation property.  There were no scrub jays, bald eagles, or other species problems.  He recommended that the Board waive the contingencies, and he requested approval of the zoning issue coming before the Board next week.

Commr. Hanson asked Mr. Minkoff what the anticipated closing date would be, assuming the zoning would be approved.  Mr. Minkoff responded that the contract calls for closing just before Thanksgiving, sometime during the week of  November 20, 2006.

Commr. Hanson commented that she had no problem with these contingencies based on the County Attorney’s recommendations.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved waiving the contingency fees and moving forward with the purchase and closing documents of the Tucker Nursery and TBM Premium Finance properties.

REPORTS - COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4

NATIONAL COMMUNITY PLANNING MONTH IN LAKE COUNTY

PROCLAMATION

Commr. Hanson stated that Ms. Carol Stricklin, Director of Growth Management, brought forth for approval and execution  Proclamation No. 2006-195, declaring October 2006, as National Community Planning Month in Lake County, and she appreciates Ms. Stricklin bringing that issue forward.

Commr. Pool commented that Ms. Stricklin was appointed Vice President of Professional Development for the State chapter.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2006-195, declaring October 2006, as National Community Planning Month in Lake County.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

PUBLIC SAFETY

CONSTRUCTION OF FIRE STATION IN PAISLEY/LAKE KATHRYN/LAKE

MACK AREA

Mr. Gary Kaiser, Public Safety Director/Fire Chief, addressed the Board, with discussion

of a fire station site to serve the communities of Lake Kathryn, Paisley, Lake Mack, and Forest Hills.  With the assistance of the County Attorney’s Office, Growth Management, and Information Outreach with researching of properties, and after looking at a previous study that was done, he used two approaches to analyze this issue.  One was Network Analyst, a software program that maps out through GIS response times and distances, which is an effective mathematical computation.  The other approach was Mileage Data Analysis, which entailed physically looking at the site and driving from the fire station located in Altoona to the fire station located in Pine Lakes, and doing some time and distance studies with the fire apparatus.  After looking at the call analysis, he found that roughly 60 percent of the calls were generated from areas in Lake Kathryn and east, and 40 percent of the calls were generated west of Lake Kathryn in Paisley.  He commented that there has been some discussion about using the existing site in Paisley, and it has been an emotional issue, but that staff feels they have a responsibility to look at all of the communities the facility would serve.  He showed a map showing response times for that area and stated that the site that they found to be the optimal location was the Foster property that the County Attorney’s office has been negotiating on and dealing with, which is 3.4 miles from the school in Paisley.  He stated that staff’s recommendation is to pursue the acquisition of a piece of property in the Lake Kathryn area to serve that entire geographic area.  He also pointed out that that location is almost equal distance east and west from the stations in Altoona and Pine Lakes.

Commr. Hanson asked Mr. Kaiser if he considered the potential improvements and paving of Lake Mack Road and Maggie Jones Road in the Pine Lakes area in the future in these studies.  Mr. Kaiser responded that he has taken that into account, and on any type of trauma call or fire call, they always send multiple units, so units would be coming from all of those stations as a matter of policy.

Commr. Pool asked Mr. Kaiser if 50 miles per hour is a good number to use to figure response times.  Mr. Kaiser responded that when they tested it, it was a little higher than that, and that they have a 55 mile per hour model, since the time is good on the highway.

Commr. Cadwell commented that he received an e-mail regarding the Nature Conservancy, because at one time the Board was looking at a piece of property that was in what is considered the Wekiva-Ocala Corridor, but that this was not that piece of property.  He also commented that this has been going on for a long time, and he has met with Mr.Kaiser many times over the process, and that he appreciates the staff’s work in looking at it purely from a professional time and distance analysis.  He commented that the County should look at historically what has happened and what is going to happen out there.  He stated that he did not picture any type of growth happening outside of the historical Paisley area.  He opined that since we already own the property and that the school is across the street from it, the fire station should be built on the site of the existing station.  He stated that he has already spoke to the Community Association about giving the County the additional property the County will need to make sure there is enough property to build the new fire station, and that they have agreed to do that.  He also stated that after about a year and a half of researching this issue, it is time to make a decision.   He recommended to the Board that they build the proposed fire station at the existing site, tear down the building, and build a new fire station where it has historically always been.

Commr. Pool stated that the numbers are there, we now own the existing site, and that it was picked for a reason many years ago.  He commented that the existing site is one that could be reutilized and refurbished potentially, or gutted entirely, perhaps using the foundation.

Mr. Kaiser commented that years ago, when the County had a flourishing volunteer force, there were also volunteer fire stations in Lake Kathryn and Lake Mack.

Commr. Cadwell commented that his main argument was regarding future growth and the fact that the school is there.  He stated that it will be an advanced life support station at some point, with Sheriff’s substation and EMS facility.  He stated that as future growth happens in that area, it will happen there, and not any further out, and it will fit the statistics five or ten years from now.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the motion to move ahead with the current site of the Paisley Fire Department.

COMMUNITY SERVICES

FY 2006/07 COMMUNITY ENHANCEMENT AREA PARTNERSHIP AGREEMENT

Mr. Fletcher Smith, Community Services Director, addressed the Board, stating that in July, 2006, the Board identified Ferndale as a Community Enhancement area, and the project that they have selected is to add some ADA accessible restrooms to the fire station that is located in Ferndale, as an exterior addition to the current fire station.  They have also been working with Public Safety to coordinate that project.  The fiscal impact is $50,000 to 2006/07.

Mr. Fred Cramer, representing Friends of Ferndale, commented that he hopes the Board votes in a positive way on this, and that this was their second application for this grant.  He also stated that they have learned a lot through the first process and learned a lot about their community working through this process, and that he believes it is an excellent opportunity for rural communities to pursue some of their dreams and try to re-bond the residents of their communities, and he thanked the Board for this opportunity.

Commr. Hanson commented that, as he has said, they have made their community better through the process.  She also stated that she also wanted to thank Mr. Bill Gearing for his effort.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved and authorized the Chairman to sign the Fiscal Year 2006/07 Community Enhancement Area Partnership Agreement between the County and the Friends of Ferndale in an amount not to exceed $50,000, allocating Community Development Block Grant Funds to construct two ADA compliant restrooms and replace the water well and septic system needed for these restrooms at the Ferndale Community Center.

COMMISSIONERS

At this time, Commr. Hanson turned the Chairmanship over to the Vice Chairman, Commr. Cadwell, and left the meeting, due to another commitment.

EMPLOYEE SERVICES

PAY AND CLASSIFICATION PLAN

            Ms. Sharon Wall, Director of Employee Services, thanked the Board for recognizing that they need a competitive pay plan to keep their good employees and attract, retain, and motivate them and to have the foresight to put the funds in the budget.  Last time they did a Pay and Classification Study was in October of 2000.  She stated that a management advisory group came in and had employees fill out job analysis questionnaires and did market survey.  She opined that they came back with a very good plan.  She requested that the Board approve the Pay and Classification Plan for employees under the Board of County Commissioners not covered by a contract or collective bargaining agreement.  She is pleased that they came in at slightly less than the budgeted amount, and that it will be a good plan for the employees. She also commented that this agreement will shrink ranges from 80 percent to 60 percent and result in title consolidation on positions to make it easier to administer.  The Pay Plan will be retroactive to October 1, 2006.  She stated that they will be distributing information October 18, 2006, at the County Manager’s Director’s meeting on the implementation.

Commr. Cadwell asked Ms. Wall if there will be an avenue for employees that may have a concern or do not understand this agreement.  Ms. Wall stated that there will be an appeal process for employees who feel that their position has been evaluated in an incorrect grade, but they will not be able to specifically appeal the amount of money they receive.  She stated that they will be getting information out on that through the consultants.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the Pay and Classification Plan, as presented.

PUBLIC WORKS

LOCAL AGENCY PROGRAM AGREEMENT FOR LAKE COUNTY TRAILS

MASTER PLAN RESOLUTION

Mr. Fred Schneider, Director of Engineering, Public Works Department, stated that this is a request to approve the Local Agency Program Agreement with the Department of Transportation (DOT).  The DOT is providing $60,000 toward the project, and the other $65,000 is from the Board out of the sales tax fund.

Commr. Pool commented that these things will go a long way in helping our trail program and making it a stellar program, and that he appreciates the hard work staff puts forward.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 3-0 vote, the Board approved Resolution No. 2006-200, with regard to the Local Agency Program Agreement for Lake County Trails Master Plan, FPN 413994-128-0.

PUBLIC HEARING

ORDINANCE AMENDING CHAPTER 16, LAKE COUNTY CODE, ENTITLED

PARKS AND RECREATION ADVISORY BOARD

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 COUNTY COMMISSIONERS OF LAKE

COUNTY, FLORIDA; AMENDING ARTICLE II, CHAPTER 16 LAKE COUNTY

CODE, ENTITLED PARKS AND RECREATION ADVISORY BOARD; PROVIDING

FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY

CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            Mr. Minkoff commented that this was merely a name change to include the reference to trails.

            The Vice Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a

3-0 vote, the Board approved Ordinance No. 2006-106, amending Article II, Chapter 16, of the Lake County Code, entitled Parks and Recreation Advisory Board, as presented.

            WAIVER OF CENTRAL POTABLE WATER SERVICE REQUIREMENT FOR

GARRETT PLACE SUBDIVISION

            Mr. Wayne Bennett, Planning Director, Growth Management, presented the request to the Board for approval of a waiver of provisions in the Land Development Regulations and the Comprehensive Plan related to the Garrett Place Subdivision.  He stated that the property owners are requesting waiver of the central potable water service requirement within the Urban Expansion Future Land Use category as outlined in the Land Development Regulation, Section 612 and Comprehensive Plan, Policies 116A and 116B.  This item has been previously reviewed by the Board, and additional analysis and information was provided.  This is a nine-lot subdivision, approximately 6 ½ acres in size, and the property owners were requesting the ability to place wells on each of the nine lots.  It was recommended by his department that the Board approves the request, because the subdivision is surrounded on three sides by the Wedgewood PUD, but they have declined to offer the service to this particular project. Also, the City of Eustis, whose Utility Service Area lies immediately adjacent to this parcel on the east, has also indicated to staff that they are not in a position to provide services in the short or long term for at least 20 years.  At the moment, there is not central water service available to the site.   Therefore, there would not be a reason for requiring an interim system in anticipation of a potential future expansion from either Wedgewood or the City of Eustis.  The density is less than two dwelling units per acre, which is the threshold that is specified in connection with the Comprehensive Plan Policy 1095 relating to mandatory connections; and the Lake County Water Resources Management Division did not find the request inconsistent with the current water resource regulations.

            The Vice Chairman opened the public hearing.

            Ms. Leslie Campione addressed the Board, pointing out that the subdivision consisted of ten lots, which would be nine lots shown currently on the preliminary plat and the tenth lot for a location of a community well.  She reiterated that Garrett Place is surrounded on three sides by Wedgewood and that it was 6.4 acres.

            Commr. Hill commented to Ms. Campione that if they were to do one per acre, they might not need the waiver for the water and sewer.  Ms. Campione responded that she did not think that was correct, because in the Urban Expansion Land Use, there is a requirement for it even if they went one to an acre.

            There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the waiver of the central potable water service requirement in the Urban Expansion Future Land Use category for Garrett Place Subdivision.

            OTHER BUSINESS

            REMOVAL OF SOLID WASTE ADVISORY COMMITTEE MEMBER

            Commr. Cadwell asked if the reason Mr. Glenn Irby is being removed from this Committee is because he is not eligible under the category he was appointed for.

            Commr. Hill responded that he has missed a number of meetings, and that she believes that would be the reason.

            Commr. Pool also commented that Mr. Irby has a new job and has been busy, but that he has helped in many areas, has been a great asset to all the different departments, and had been an active member.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the removal of Mr. Glenn Irby from the Solid Waste Advisory Committee and declared the seat vacant.

            REPORTS - COUNTY ATTORNEY (CONT’D)

            REQUEST TO ADD CLOSED SESSION TO AGENDA OF OCTOBER 24, 2006

            Mr. Sandy Minkoff, County Attorney, requested that the Board give him approval to add an item to the Agenda, a request for a Closed Session to be held on October 24, 2006, to discuss litigation.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved to place said item on the Agenda.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the County Attorney’s request for a Closed Session to be held at the Board Meeting of October 24, 2006.

            UPDATE ON EMINENT DOMAIN CASES IN DOWNTOWN TAVARES

            Mr. Sandy Minkoff, County Attorney, updated the Board on the progress that the new law firm is making regarding the eminent domain cases in downtown Tavares.  They have made written offers to the Eagle R & R, which is the location of Beef O’ Brady’s and L M Reed, which is the office building across the street, for the updated appraisal plus ten percent, and they have done resolutions to begin the eminent domain process on those two pieces.  Mr. Minkoff would like to add the three Belton pieces to that and ask the Board to pass the Resolution authorizing eminent domain on those three pieces.  He stated that they are continuing to discuss with Mr. Belton the exchange, and he remains very interested in that.  However, just in case things do not go the way they want, they want to be in a position where they can proceed.  Mr. Belton’s lawyers have had discussions with the attorney, and he is aware that this is coming.  Mr. Minkoff requested approval for the Resolution and authorization to sign those contracts should any of the property owners wish to sell to them for the appraised price plus ten percent.

            Commr. Cadwell asked Mr. Minkoff if the eminent domain action would cause any ill will with Mr. Belton in their negotiations.  He responded that he has not talked to Mr. Belton’s counsel personally, but the outside attorney has told him that he has discussed it with Mr. Belton’s lawyer, and that they are aware of what they are doing and why they are doing it, and it is not intended for ill will and not a signal that the County is not planning on going through with the swap.  He stated that he is still working through, with the County Manager’s assistance, trying to work out the negotiations to exchange.

            On a motion by Commr. Hill, seconded by Commr. Pool, and carried unanimously by a vote of 3-0, the Board approved the County Attorney’s request for Resolution No. 2006-203 authorizing eminent domain on the Belton pieces and authorizing him to sign the contracts with property owners who wish to sell to them for the appraised price plus ten percent.

            REPORTS - COUNTY MANAGER

            CONSTRUCTION OF HEALTH CENTERS

            Ms. Cindy Hall, County Manager, addressed the Board regarding a Lease To Own for two health clinics, one in the south part of the County, in the Clermont area, and one in the Golden Triangle area.  She has received only one responsive bid for the one in the Golden Triangle area and it included renovation of the old Publix on Highway 441.  It became clear to them that the cost of proceeding with that lease over a 15-year time period was costly enough that they might as well reconsider the idea of constructing an administration and health center on the County’s land in South Tavares.  They have included that site as part of their ongoing process of working through the site plan, the master plan, and the schematic designs of the South Tavares complex.  She requested consensus to move forward with that concept as opposed to doing the lease, because the cost would be the same, and they would recommend owning the building instead of leasing it.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the County Manager’s request to go ahead with constructing a health center on County land in South Tavares.

            REPORTS – COMMISSIONER CADWELL – DISTRICT 5

            FUNERAL OF SHERIFF DANIELS

            Commr. Cadwell suggested to the County Manager, Ms. Cindy Hall, that they discuss what the County will do regarding staff for the funeral of Sheriff Chris Daniels on Friday, October 20, 2006.  Ms. Hall proposed that the County make certain that any employees that would like to attend the funeral would be able to do so, and to cover the areas of the employees who do attend.

            Commr. Cadwell suggested that they put signs up stating that due to the funeral, the County offices will be open, but service may be slower due to being short staffed, so people that are coming in know what is going on.

            REPORTS – COMMISSIONER HILL - DISTRICT 1

            COURSE FOR NEW COMMISSIONERS

            Commr. Hill stated that when she was elected in 2000, the previous Board offered to pay for the new Commissioners’ introduction course, and she wanted to know if this was a budgeted item or if the Board needed to vote to budget that for the new Commissioners coming in to be able to attend that induction course that the State provides.  The County Manager responded that she has heard that that was budgeted and they had the funds to pay for that.

            REPORTS - COMMISSIONER CADWELL - DISTRICT 5

            CONVEYANCE OF COUNTY LAND TO AMERICAN LEGION

            Commr. Cadwell addressed the Board stating that years ago the County had leased the property of the old clay pit to the American Legion in Lady Lake for about one dollar a year.  The Board has said that once they figured out what they are going to do with the roadway out there, they were going to try to find a way to convey that property to them.  They met with the construction firm and they are pretty sure they know what they need now, so they know what the actual property is that they would convey to the American Legion.  He is requesting that the Board give the County Attorney’s staff permission to start drawing up those documents.

            Commr. Pool commented that he has no problem and thinks it is a good idea.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved to let the County Attorney draw up the documents to convey the old clay pit property to the American Legion.

            CITIZEN QUESTION AND COMMENT PERIOD

            Ms. Leigh Ann Pippin, with Beard Pippin Properties, Inc., addressed the Board and stated that her firm is in the process of a new development in Umatilla that has already been approved and is in the development process.  She stated that they had difficulty with the new Road Name Regulations for that area in proposing three road names.  She stated that she was advised by Laura Nichols from the County Attorney’s office that instead of being a formal agenda item, she could just present the Board with the names and see if she can get approval.  They are formal names, living persons, and are minors that are related to the brokers at Beard Pippin Properties.  The three names she has proposed are Lake Joseph Loop, Hayley Way, and Abigale Court.  She opined that these names do fit the legal requirements for the links, the width and all the other things that road names require.

            Commr. Cadwell asked Mr. Sandy Minkoff, County Attorney, if the road names meet the County’s own regulations.

            Mr. Minkoff asked Ms. Pippin why Umatilla refused to let her use those names.  She responded that she was told that the City no longer allows names to be used as roadways, as well as any name that has ever been used before, so that has caused them difficulty in coming up with three names.

            Mr. Minkoff suggested that she let him and the County Manager look into this issue and try to resolve it.

            RECESS AND REASSEMBLY

            At 11:58 a.m., the Chairman announced that the Board would recess until 5:05 p.m.

            PUBLIC HEARING

ORDINANCE AMENDING THE LDRS TO CREATE CHAPTER V-A, ENTITLED

NECESSARY PUBLIC SERVICES AND FACILITIES

            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 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 commented that there is one suggested change that he recommends.  He stated that Ms. Cecilia Bonifay, Attorney, Akerman Senterfitt, made the comment at the first hearing that this section would replace other types of vesting, and that was not the intent.  He went on to explain that the section for things that have been applied for was supposed to be an additional vesting, and this clarifies that language.

            The Vice Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved Ordinance No. 2006-107, amending the Lake County Code, Appendix E, Land Development Regulations; creating new Chapter V-A, entitled Necessary Public Services and Facilities, with the additional language in Section 1.02.08, as presented.

ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:13 p.m.

 

 

 

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CATHERINE C. HANSON, CHAIRMAN

 

 

ATTEST:

 

 

 

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JAMES C. WATKINS, CLERK