A
REGULAR MEETING OF THE BOARD OF
MARCH
20, 2007
The
Lake County Board of
INVOCATION
AND PLEDGE
Pastor
Bob Beaver,
AGENDA
UPDATE
Ms.
Cindy Hall,
Mr.
Sandy Minkoff, County Attorney, stated that he had two items that he would like
to add to the Agenda, both of which would require a vote – the first being a
Proposed Settlement Agreement between Lake County and Frederick Belton and
Amerirus, Inc., and the second being an Emergency Ordinance regarding
prepayment of impact fees.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved to place said items on the Agenda.
EMERGENCY
ORDINANCE ENTITLED “PREPAYMENT OF IMPACT FEES”
Mr.
Sandy Minkoff,
AN EMERGENCY
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
REPEALING SECTION 22-11, LAKE COUNTY CODE, ENTITLED “PREPAYMENT OF IMPACT
FEES”; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr.
Minkoff informed the Board that the County Manager’s staff recommended to the
Impact Fee Committee last week, because of the large increases in impact fees
that they were recommending to the Board, that the Board attempt to modify
and/or repeal the prepayment of impact fees section of the Code, to avoid a
bunch of prepayments coming into the County and subverting the process. He stated that the proposed Ordinance repeals
the section that allows prepayments and directs the
Ms.
Regina Frazier, Budget Director, addressed the Board stating that, since March
16, 2007, the County has issued nearly $1.9 million in impact fee prepayments,
primarily for schools and roads.
Mr.
Minkoff interjected that, timing wise, because it is an Emergency Ordinance, it
can become effective as soon as staff delivers it to the Post Office, it is
just that the new fees will not be implemented for at least six months.
Commr.
Stewart questioned why the County even has prepayment of impact fees, noting
that impact fees are supposed to help growth pay for itself and, with the way
that everything is going up, the prepayments just put the cost right back on
the citizens.
Mr.
Minkoff stated that it was originally designed so that, if one contracted to
purchase a home and it was going to take six to eight months to work through
the plans and the permitting process, if there was a fee increase during that
time, the contract would not be effective, because one would know that they
could use the old fee increase.
Unfortunately, what has occurred is that it has not helped the individuals
as much as it has the large developers, thus, the recommendation, which would
allow one to lock in their price for a short period of time, but prohibit large
developers from banking them for a long period of time.
Commr.
Renick noted that she was going to question why the County has prepayment of
impact fees, as well, and that she feels the proposed Ordinance is a good
idea. She stated that Mr. Minkoff
indicated he would like to bring a new Ordinance with time limitations back to
the Board at a later date and questioned whether the Board even wanted to
consider prepayments, since they seem to not have worked the way the County
envisioned they would work.
The
Chairman opened the public hearing.
Ms.
Jean Kaminski, Executive Director, Home Builders Association of Lake County,
addressed the Board stating that prepayment of impact fees has helped not so
much developers, but individual property owners. She stated that she felt that portion of the
Ordinance, which states, “WHEREAS, on March 15, 2007, the Impact Fee Committee
recommended…” was not correct, noting that she did not recall the Impact Fee
Committee taking any official action on it and asked that it be verified.
Ms.
Wendy Wickwire, Lake County Impact Fee Coordinator, address the Board stating that
there was a motion by the Impact Fee Committee to recommend to the Board that
they eliminate the prepayment of impact fees, which passed by a 6-4 vote.
There
being no further individuals who wished to address the Board, the Chairman
closed the public hearing.
A
motion was made by Commr. Hill and seconded by Commr. Stewart to approve
Emergency Ordinance No. 2007-12, repealing Section 22-11 of the Lake County
Code, entitled “Prepayment of Impact Fees”.
Under
discussion, the Chairman stated that he felt staff should still bring an
Ordinance back for the Board to look at, without opening the door back up,
noting that they may vote it down, but that he felt they should at least have
an opportunity to look at it. He then
called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
Staff
was directed to process the Emergency Ordinance immediately.
MINUTE
APPROVAL
Regarding the Minutes of February
27, 2007, Commr. Renick requested the following changes:
On Page 16, Lines 25 and 26, change Big
Palatlakaha Park to Palatlakaha Park and on Line 26, change Whole
Road to Hull Road.
On a motion by Commr. Renick,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board
approved the Minutes of
February 27, 2007 (Regular Meeting), as corrected.
CLERK OF COURTS’ CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried
unanimously, by a 5-0 vote, the Board approved the following requests:
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.
Notice of Change of Office for
President of Senninger Irrigation, Inc.
Request
to acknowledge receipt of Notice for the Change of Office of President of
Senninger Irrigation, Inc., in compliance with the Indenture of Trust, or other
documents relating to the $5,500,000 Industrial Development Revenue Bonds, Lake
County Industrial Development Authority, Senninger Irrigation Project Series
2003 bond issue.
The
new president and associated information is as follows:
James Burks, President
Senninger Irrigation, Inc.
16220 E. Highway 50
Telephone: (407) 877-5655
Fax:
(407) 905-8249
E-mail: [email protected]
St.
Johns River Water Management District 2007 Consolidated Report
Request to acknowledge receipt of St. Johns River Water
Management District 2007 Consolidated Report: Executive Summary and CD,
pursuant to s.373.036, Florida Statutes, including District Water Management
Plan Annual Report, Approved Minimum Flows and Levels Priority List, Five-Year
Capital Improvements Plan, Five-Year Water Resource Development Work Plan and
Alternative Water Supply Annual Report, Florida Forever Work Plan Annual
Report, and Wetland Mitigation Cash Donation Report.
Southwest Florida Water Management District 2007 Consolidated
Annual Report
Request
to acknowledge receipt of 2007 Consolidated Annual Report, from the Southwest
Florida Water Management District.
Annexation
Ordinances from City of
Request
to acknowledge receipt of Notice of Public Hearing for Ordinances, Re:
Annexation, Small Scale Comprehensive Plan Amendment, and Rezoning from the
City of
March 19, 2007, at 7:00 p.m. (as the
Local Planning Agency)
March 19, 2007 (immediately
following LPA meeting)
April
2, 2007, at 7:00 p.m.
Ordinance
No. 2007-04-14, amending Ordinance No. 92-02-01, known as the Ordinance adopting
the Comprehensive Plan for the City of Groveland, Florida, under the authority
of Florida Statute 163.3187(1)(c), to change the Land Use Plan from Lake County
Suburban to City of Groveland Recreation (0.25 acres), for the herein described
property on S.R. 19, owned by the Lake County Board of County Commissioners,
directing the City Manager to amend the Comprehensive Plan, as herein provided,
after the passage of this Ordinance.
Ordinance
No. 2007-04-15, reclassifying the zoning from R-3 and Ag Lake County to
Recreation City of Groveland, for the hereafter described lands within the City
of Groveland, Florida (0.25 acres), owned by the Lake County Board of County
Commissioners.
Notice
of Meeting of Arlington Ridge Community Development District
Request
to acknowledge receipt of Notice of Meeting of the Arlington Ridge Community
Development District – A meeting of the Board of Supervisors of the Arlington
Ridge Community Development District is scheduled to be held on Tuesday, March
20, 2007, at 10:00 a.m. The meeting will
be held at the
Commr. Cadwell noted that the
Commr. Hill asked that Tab 8 be
pulled, for discussion, as well.
On a motion by Commr. Stivender,
seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board
approved the following requests:
Budget
Request for
approval of Budget Change Request and Unanticipated Revenue Resolutions, as
follows:
Resolution
No. 2007-35, to amend
the General Fund, in order to receive unanticipated revenue for Fiscal Year
2006/2007, in the amount of $16,207, deposited into Contributions from Other
Agencies, and provide appropriations for the disbursement to Professional
Services, for the School Concurrency Program.
Resolution
No. 2007-36, to
amend the General Fund, in order to receive unanticipated revenue for Fiscal
Year 2006/2007, in the amount of $1,961,748, deposited into Federal Disaster
Relief ($1,681,498) and State Disaster Relief ($280,250), and provide
appropriations for the disbursement to Operating Supplies ($1,361,748) and
Machinery and Equipment ($600,000). The
County will receive funds for Groundhog Day Tornado assistance. The County's obligation of 12.5% of the
anticipated expenses will be funded using General Fund Reserves.
Request for approval for the Chairman
to sign the Disaster Relief Funding Agreement with the State of
Community Services
Request for approval and signature
authorization on Resolution No. 2007-37, approving amendments to the Lake County FY 2006-09 Local Housing
Assistance Plan, and to direct the Department of Community Services to transmit
the amended Plan to the Florida Housing Finance Corporation.
Growth Management
Request for approval and execution of
a Release of Fine, Property Owner: Rosetta Jeanne Kimbler, Case No. 2000010250
- Commission District 5.
Public Safety
Request for approval for continued
participation in the Region 5 Florida Domestic Homeland Security Task Force
Community Oriented Policing Services (COPS) matching grant program, for the
final round of funding communications interoperability equipment. COPS grant funding afforded to
Public Works
Request for approval and execution of
a purchase agreement with Rosemary C. Mackey and John M. Evans, for right of
way; and authorization for the Chairman of the Board of County Commissioners to
sign any and all documents necessary for closing, in conjunction with the
Edwards Road (CR No.7009) Project, located in the Lady Lake area, in Section
28, Township 18 South, Range 24 East - Commission District 5.
Request for approval and signature
authorization on Resolution No. 2007-38,
to advertise Public Hearing for Vacation Petition No. 1104, to vacate a
portion of an unnamed right of way in the Clermont area - Commission District
2.
Request for approval and signature
authorization on Revised Resolution No. 2007-4(A), accepting Green Park Way (CR No. 4424), Sloewood Drive (CR No.
4424A), Greenwalk Way (CR No. 4424B), Broadwater Avenue (CR No. 4424C), and
Parkdale Drive “Part” (CR No. 4532B) into the Lake County Road Maintenance System and providing for the
maintenance of said roads. Park Hill,
Phase II, consists of 108 lots and is located in Section 28, Township 19 South,
Range 25 East – Commission District 1.
Request for approval and signature
authorization on Resolution No. 2007-39,
to advertise Public Hearing for Vacation Petition No. 1111, to vacate a
portion of platted roads and tracts in the Clermont area - Commission District
2.
Tourism
Request for approval of Amendment to
Job Growth Investment Trust Agreement with West Orange Truss Manufacturing,
Inc., to extend the one-year draw requirement.
Request for approval of Amendment to
Job Growth Investment Trust Agreement with West Orange Lumber Co., Inc., to
extend the one-year draw requirement.
PUBLIC
WORKS
WEST
ORANGE SOUTH
Commr.
Hill stated that she asked that this request be pulled, until the Board
receives more details, as to the services that the West Orange South Lake
Transportation Task Force plans to perform for the dues paid and how it
compliments the Lake-Sumter Metropolitan Planning Organization (LSMPO).
Commr.
Renick stated that she was glad to see that the dues had been reduced and that,
having just become a Commissioner, she does not know what the County gets for the
dues paid either and feels it would be good for the Board to be given the
information being requested by Commr. Hill.
It
was the consensus of the Board that a request from Public Works for approval
and payment of annual membership dues of $2,000 to the West Orange South Lake
Transportation Task Force be pulled until a later date, at which time the Board
will be provided with an itemized list of exactly what the County gets for the
$2,000 membership dues.
AGREEMENT
WITH BFG LAKESHORE, LTD. REGARDING IMPROVEMENTS TO
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board and explained a
proposed agreement that the County has with BFG Lakeshore, Ltd., regarding
improvements to Hartle Road, realigning its northern terminus with CR 455 at SR
50, at which time he reviewed a sketch contained in the Board’s backup
material, noting that the proposed alignment will bring Hartle Road into the
signalized intersection. The project
will probably not be completed until October of 2007, as there are two factors
involved, being: (1) the payment of fees, and (2) credits. If the project is completed before October,
the developers will take the remaining costs in credits and, if it is completed
after October, they will be looking for some additional funds. The project is scheduled to be started in
June of this year. The developers are
currently going through site plan work with the City of
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried
unanimously, by a 5-0 vote, the Board approved a request from Public Works for
approval of an agreement with BFG Lakeshore, Ltd., regarding improvements to
Hartle Road - Commission District 2, as presented.
FOREST
HILLS/LAKE MACK FLOOD BUY OUT PROGRAM
Mr.
Jim Stivender, Jr., Public Works Director, stated that there was flooding every
year in the
Mr.
Sandy Minkoff, County Attorney, informed the Board that, when the County
purchases such properties, it attempts to get any structures on the property
demolished as quickly as possible, to avoid people using them for purposes
other than what they were intended for, and, in doing so, the County has to go
through the building permit process and get a form signed to demolish them. He asked that the motion include having those
members of his staff that deal with the contracts involving county properties
be authorized to sign the demolition permit applications.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Public Works for approval and
execution of a purchase agreement with Lois M. Fonseca and Pamela S. Lindemann;
authorization for the Chairman of the Board of County Commissioners to sign any
and all documents necessary for closing, for property within the Forest
Hills/Lake Mack Flood Buy Out Program; and authorization for those members of
the County Attorney’s staff that deal with the contracts involving county
properties to sign the demolition permit applications - Commission District 5.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the following requests:
Agreement for On Call Attorney for
Closings
Request for approval of Agreement
between
Aviation Fuel Tank Agreement with
Lake County Sheriff’s Department
Request for approval of Aviation Fuel
Tank Agreement with the Lake County Sheriff's Department.
Progress Energy Distribution Easement
for Citrus Ridge Library
Request for approval of Progress
Energy Distribution Easement for the Citrus Ridge Library - Commission District
2.
Amendment to Lease Agreement Between
Request for approval of Amendment to
Lease Agreement between
Special Master Agreement for Conflict
Cases
Request for approval of Agreement
with Christopher J. Shipley as Special Master for conflict cases.
ISSUANCE OF WATER USE PERMIT TO THE
VILLAGES BY SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD)
Mr. Gregg Welstead, Deputy County
Manager, addressed the Board stating that he had prepared for them the facts
surrounding the issuance of a Water Use Permit (WUP) to The Villages by the
Southwest Florida Water Management District (SWFWMD) and some of the
discussions that have taken place. He
stated that staff had Water Resource Associates take a look at the permit and
the County has been presented with a draft of that report, which they
discussed, via a conference call, with representatives from The Villages, Water
Resource Associates, etc., and it was obvious to all parties that there were
questions as to what the report actually meant – whether some of the
information that The Villages provided to the SWFWMD and vice versa was
accurately portrayed in the report. He
stated that The Villages has since provided the County with a commentary on the
report and, as the report was being discussed last Friday, it became obvious to
the people involved that debating whether something was correct or not was not
going to prove to be successful and would only prolong the process, so it was
decided instead that they would focus on a resolution to the issue.
It was noted that the Board had
before them a Settlement Agreement that was drafted by The Villages, in
cooperation with Attorney Doug Manson, with the law firm of Carey, O’Malley,
Whitaker & Manson, in Tampa, which focuses on two issues that were part of
the report and part of the permit, the first being what is called Special
Condition 5 in the permit, which relates to an alternative water supply and the
provision of it. Unlike a number of
permits, The Villages permit requires them to actually work towards an
alternative water supply after the issuance of the permit. A discussion that occurred at the last Lake
County Water Alliance Board Meeting indicated that the northern portion of the
SWFWMD is not necessarily as far along in that discussion as the St. Johns
River Water Management District is. The
Villages has agreed to participate in that alternative water supply program
with
Mr. Welstead informed the Board that
a presentation will be made to them at the workshop scheduled for Friday, March
30, 2007, which will address some alternative water supply initiatives, and the
$250,000 is not out of line with what their pro-rata share contribution to this
effort would be. He stated that the
Water Alliance and the Technical Advisory Committee (TAC) have already received
the presentation and the County has a commitment from The Villages to
participate in that alternative water supply effort, which, hopefully, will be
forthcoming. He stated that the second
item of special concern is a hydration and impact plan, associated with
wetlands and storm water capacity and impacts on the environment. He stated that the permit that was proposed
to be issued eliminated any input from external sources, so it would be just
The Villages and the SWFWMD participating in the discussion and they would not
be making any changes to the permit, but would be monitoring it, between the
two of them. He stated that The Villages
has agreed, in the second part of the Settlement Agreement, to allow the County
and the communities to participate in that discussion; the County will be
provided with their input to the SWFWMD; and the County is free to comment to
the SWFWMD, as long as they provide comments to The Villages.
It was further noted that the Water
Alliance called an emergency meeting, which was held on Monday, March 19, 2007,
where they discussed the Settlement Agreement and the process and, by a 7-1
vote, recommended approval of the Agreement.
Commr. Cadwell stated that, when the
Board holds its workshop on March 30th , it needs to look at the
Agreement and make sure that it is structured enough to protect the County, in
case the Water Alliance takes some type of action where the County gets sued.
Mr. Sandy Minkoff, County Attorney,
stated that the County has been acting as the surrogate for the municipalities
in this case and, if the County were to go forward and implement the Agreement
and conduct studies for an alternative water supply and ask The Villages to
make a contribution, it would only be making a proportionate share
contribution, so funds would have to come from the County or the municipalities,
and, in order to do it, there would have to be further contracts and agreements
outlining specifically who was providing the monies and what their
responsibilities were. He stated that it
is likely that the agreements would be specifically with the municipalities and
the County, individually.
Commr.
Cadwell stated that the County is not in the utility business, so everybody
needs to understand that, if it participates, the monies are going to have to
come out of the General Fund, because the County does not have a fund for water
and sewer to draw those monies from. He
stated that the County needs to think about that, before going through any more
such processes. He stated that the
timing of the issue and how it has all happened concerns him and it needs to be
fixed, so that it does not happen again.
Mr.
Welstead stated that not monitoring the permitting process within the water
management districts is what caused the County to get into this situation and
knowing ahead of time where they were and that is something the County needs to
correct, to ensure that there are no surprises in the future.
Commr.
Stivender informed the Board that she had the same concerns, therefore, asked
staff to put on the Agenda for the upcoming workshop a discussion about what the
Liaison Commissioners do for the various committees and what the committees are
supposed to be doing, so that each Commissioner has an idea about what they are
supposed to be doing.
Commr.
Stewart stated that she has some grave concerns about not only this issue, but
the County’s whole water issue, and that she feels they need to discuss at the
upcoming workshop the fact that the County, as well as the State, cannot
continue doing business as usual. She
stated that the water situation is not a myth, but a fact, which cannot be
ignored and the County cannot delay in dealing with it. She stated that she keeps hearing about
alternative water supplies, but that is not a permanent answer either, because
they are also depletable. She stated
that The Villages is just one development and questioned how many other
developments are also eyeing the very same water sources. She stated that some drastic measures are
going to be required to deal with the issue and hopes the Board can discuss
some for the County to take, because it is a huge concern for the County.
Mr.
Welstead interjected that one of the things that is scheduled to be addressed
at the SJRWMD meeting to be held on Wednesday, March 22, 2007, is a workshop
for all elected officials within the County, to give them a primmer on the
current water situation – how the County got into this position and
alternatives for future means to accommodate what the County has to do, in
order to make sure that there is sufficient water available for everyone.
Commr.
Renick stated that she has a number of concerns about the matter as well, which
she elaborated on, noting that all the Water Alliance was asking for at the
Emergency Meeting that was called by them was an extension of time, so that
they could examine the Settlement Agreement, which is what Water Resource
Associates did for them. She noted that
a number of concerns came up in their review, which are not all addressed in
the Settlement Agreement, specifically a number of the things in Special
Condition 5. She discussed why she voted
against the Agreement (7-1 vote alluded to earlier by Mr. Welstead), noting
that, by the County approving the Agreement, it is stating that it will stay
out of it and she has a problem with that.
She stated that, after issuance of the permit, there is a timetable for
a lot of things that she would call after the fact and there is no opportunity
for a public hearing. She stated that
the Water Alliance is hoping, in the spirit of a cooperative effort, that The
Villages will take their considerations to heart. The other option is that, if the County does
not agree to the Settlement Agreement, the County can still file for an
administrative hearing, if it is concerned about what Water Resource Associates
revealed to them in their study.
Commr.
Cadwell stated that there needs to be a system in place, where it is not up to
one Commissioner to try to keep up with it – that the County needs to know what
is going on and needs to have some monitoring type system for all the permits,
to make the Water Alliance something that can function. He stated that the Board needs to find out
what the Water Alliance is going to be from this point forward and, if it is
going to stay together, then the County needs to make sure that there is a
framework for it to work in a business and government world. He stated that, with regard to the Settlement
Agreement, the cities that were present feel it is a step in the right
direction and he would hope that the Board moves forward with it, with the
understanding that the County needs to do business a little better next time.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried, by a 3-2
vote, the Board approved the issuance of a Water Use Permit (WUP) to The
Villages by the Southwest Florida Water Management District, and approved the
Settlement Agreement, as recommended by the Lake County Water Alliance.
Commrs.
Renick and Stewart voted “No”.
FACILITIES
DEVELOPMENT AND MANAGEMENT
PRESENTATION - DESIGN OPTIONS FOR
ROUND-ABOUT FOR DOWNTOWN TAVARES GOVERNMENT CAMPUS
Mr.
Jim Bannon, Facilities Development and Management Director, addressed the Board
stating that the overall design for the expansion of the downtown Tavares
government campus buildings (
RECESS
AND REASSEMBLY
At
this time, the Chairman announced that the Board would recess briefly, to allow
the architects to set up for their presentation.
PRESENTATION - DESIGN OPTIONS FOR
ROUND-ABOUT FOR DOWNTOWN TAVARES GOVERNMENT CAMPUS (CONT’D.)
Mr.
Bannon continued his presentation, emphasizing the importance of the space
between the buildings downtown, noting that the key element is the junction of
Mr.
Joe Woodall, Landscape Architect with HLM, addressed the Board and presented a
power point presentation of the three options to be considered for the
round-about, at which time it was noted that the first option, consisting of a
60 foot diameter minimal roundabout, with plant material in the middle of the
island, would cost approximately $1.3 million; the second option, consisting of
a 100 foot diameter roundabout, with plant material and a fountain in the
middle, would cost approximately $2.4 million; and the third option, consisting
of a 140 foot diameter roundabout, with plant material and a larger space in
the middle, which provides for more amenities, more shade and benches, and a
different type of fountain, or other opportunities, would cost approximately
$2.75 million. He reminded the Board
that, in the original cost estimate for the round-about, $3 million was set
aside for its construction, so all three options will cost less than what was
set aside for it.
Ms.
Cindy Hall,
At
this time, a three dimensional fly-through was presented to the Board by the
architects, to better show them what the round-about will look like and how it
will function.
Ms.
Nancy Clutts, City Council, City of Tavares, was questioned as to whether the
City of Tavares had a preference regarding the options, to which she responded
that she would not be able to speak for the City, because their Council has not
yet seen the options, but that, as a design professional, she sees it as
multi-faceted, in that the proposed round-about will exist long after everybody
is gone, and, while it is unfortunate that one cannot make a comparison in
contrast of the scale of the buildings that will exist around it, once they are
built, she feels if Option 1 is chosen, the round-about will be somewhat out of
scale in character for this round of facilities. She stated that she sees the round-about as
an opportunity for
It
was noted that the Mayor and the City Administrator for the City of
A
motion was made by Commr. Stivender that Option 2 be approved for the proposed
round-about.
There
being no second to the motion, the Chairman passed the gavel to the Vice
Chairman and seconded it.
Under
discussion, Commr. Cadwell stated that the Board has talked all along about the
campus look that it wants for the government complex expansion and, if the very
center of it is going to be minimized, that concerns him.
The
Vice Chairman called for a vote on the motion, which was carried, by a 3-2
vote.
Commrs.
Renick and Stewart voted “No”.
OTHER
BUSINESS
REAPPOINTMENTS
TO SOLID WASTE ADVISORY COMMITTEE
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by
a 5-0 vote, the Board reappointed the following individuals to the Solid Waste
Advisory Committee, for four-year terms, beginning May 25, 2007:
District 4
Barbara Newman
Lake
Lori Houghton
REPORTS –
PUBLIC RECORDS AND SUNSHINE LAW
SEMINAR
Mr. Sandy Minkoff,
SETTLEMENT AGREEMENT BETWEEN
Ms. Melanie Marsh, Deputy County
Attorney, addressed the Board regarding a Settlement Agreement between Lake
County and Frederick C. Belton, individually, and as President of Amerirus,
Inc., for property located at the intersection of Main Street and Sinclair
Avenue, in Tavares, that the County needs for the proposed Parking Garage,
which is part of the downtown government campus expansion project. The Agreement is going to require that the
County swap the three lots that Mr. Belton owns for the old Health Department
building that the County owns. Part of
the Agreement is that Mr. Belton will be responsible for cleaning up any
environmental contamination on his existing property and he is going to put
$120,000 in escrow, to ensure that the cleanup is done, and will have six
months in which to accomplish it. If the
County believes that he is not going to be able to accomplish it within the six
months, it will have the option to remove the $120,000 from the Escrow
Agreement after three months, in which Mr. Belton would be relieved of all
liability and responsibility for that cleanup and the County would assume all
the cost for it. The Agreement will also
allow the County the right to approve the facade of the old Health Department,
whether Mr. Belton renovates it, or demolishes it and rebuilds, so that it will
fit in with the new downtown government campus.
Mr. Belton will have one year after the expiration date of any appeal
period for the rezoning of that property to either renovate or rebuild and, as
part of that, the County is going to include that property in the rezoning
and/or Comprehensive Plan Amendments that it needs for the whole campus. The Agreement contains a mutual cooperation
provision, in that both Mr. Belton and the County will agree to co-sign permit
applications, etc. – whatever is needed to accomplish it. If for some reason the City does not rezone
those parcels, Mr. Belton will convey back to the County the old Health
Department building and the County will move into the valuation phase of the
condemnation and keep the property that he has deeded to the County, because,
at that point in time, the County will probably be close to construction, if
not actually into the construction phase.
Ms. Marsh stated that, in addition,
the County will give Mr. Belton $500,000 and it will cover not only his current
attorney’s fees and costs, as required by law, but his prior attorney’s fees,
as well, which amounts to $64,350.
Costs, in the amount of $8,828.75, incurred by Mr. Belton from
environmentals, appraisals, etc., will also be covered for him. The County will be responsible for
reconstructing the parking area at the old Health Department building; it will
cover the cost of the title insurance, for both the swapped property and the
property that Mr. Belton is giving to the County; all the closing fees that the
County is permitted to cover, under law, excluding documentary stamps, etc.,
which the County cannot cover – it will be his responsibility, unless there is
an exemption that applies to him, then he will not have to cover it; he will be
permitted to remain in his existing building (restaurant/bondsman business)
until August 30, 2007, at which time he will vacate it, giving him an
opportunity to either renovate or start construction on a new building, if he
chooses, but he will continue to keep his liability insurance. The other properties, known as Parcels 4 and
5, will be immediately vacated upon closing, which will be 30 days after the
Board approves the Agreement. Because of
the way that the property is situated, with the sally port for the Sheriff’s Office,
the County is going to do mutual access easements, which is going to give Mr.
Belton parking and give the County and the Sheriff’s Office access to the sally
port.
On a motion by Commr. Hill, seconded
by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a
Settlement Agreement between Lake County and Frederick C. Belton, individually,
and as President of Amerirus, Inc., for property located at the intersection of
Main Street and Sinclair Avenue, in Tavares, to be utilized for the County’s
government campus expansion project.
REPORTS – COMMISSIONER. HILL –
DISTRICT 1
FESTIVAL OF
Commr. Hill stated that the Lake
County Library System held its Festival of Reading Opening Event on Saturday,
March 17, 2007. She stated that there
was food and entertainment and the libraries were well attended. She commended them for a job well done.
REPORTS – COMMISSIONER RENICK –
DISTRICT 2
DESIGNATION OF SR 40 AS
Commr. Renick stated that the Central
Florida Regional Planning Council would be meeting on Wednesday, March 21,
2007, and one of the things that they will be considering is designating SR 40
as the Florida Black Bear Scenic Byway and that she wanted to get the Board’s
input on the matter, noting that she would like to be able to tell them that
the County supports said designation.
Commr. Stivender questioned whether
staff had looked into the matter, at which time Ms. Carol Stricklin, Growth
Management Director, addressed the Board stating that the County received a
request to place the Resolution supporting the Florida Black Bear Scenic Byway
designation on the Agenda for an upcoming Board Meeting and that staff has been
working with the Lake-Sumter Metropolitan Planning Organization to bring it
forward, for Board approval, however, noted that they are looking at modifying
the Resolution, recognizing the fact that it is an emerging facility and that
it provides regional mobility.
Commr. Cadwell stated that this
request has been an issue ever since he has been on the Board and the FDOT has
put together task forces at different times, only to abolish them and start
over again, if they did not get the answer they wanted. He stated that the biggest concerns of the
County are: (1) that there is an understanding that SR 40 is one of the few
cross state routes there is and there are a lot of positives that would make it
a great route, but one cannot take away the fact that it runs through the Ocala
National Forest; and (2) how limiting the use of the road would affect Astor. He stated that he felt the residents and
business people in Astor would want the road four laned, but that is not the
case, so the concerns he had in the past that made him a little hesitant to
support something like this are gone and he did not have a problem with putting
it on the Agenda and listing the Board’s support, however, wanted staff to make
sure that the LSMPO knows that the Board has not had a presentation yet, but
that, in concept, it supports what they are trying to do with that corridor.
Mr. Jim Stivender, Jr., Public Works
Director, informed the Board that there is an active PD&E study going on,
which shows that four laning through the Ocala National Forest is not
warranted; however, he pointed out the fact that the County still needs to
address some measures to protect the black bear, as it crosses the roadway.
LOCAL PLANNING AGENCY MEETING
Commr. Renick stated that she was at
the Local Planning Agency Meeting, when they were discussing the problem that
has come up, with regard to the school elements, noting that, as a pilot
community, the County wanted to get school concurrency in place early and
worked very hard to do that, but, with the County’s Comprehensive Plan not yet
having been sent to the Department of Community Affairs, asked whether the Board
would be interested in directing staff to find out if there is any way that it
could be given to DCA early, realizing that DCA’s deadline is 2008, so they may
not be interested in looking at it, but she felt that the County could ask.
It was noted that staff did ask DCA
about it and had even asked the County’s legislative delegation to intervene,
but the response at that time was a negative one, however, with there now being
a new Secretary, staff might be interested in once again making that request.
The Chairman suggested that, since
there is a new Secretary, staff do so.
The County Attorney, Mr. Sandy
Minkoff, interjected that the County has implemented concurrency, in a
backhanded way, through the County’s Land Development Regulations, in that it
is not approving plats that came into the County after September of 2006,
without the individual getting a concurrency certificate from the School Board,
it is just that it has not been done through the Comprehensive Plan process.
DESIGNATION OF SR 40 AS
On a motion by Commr. Renick,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board
approved to place the issue about the Black Bear Scenic Byway designation on
the Agenda.
On a motion by Commr. Renick,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board
approved to support the concept of designating SR 40 as the Florida Black Bear
Scenic Byway.
It was noted that the Board will be
given a presentation on the PD&E study that was conducted on SR 40 at a
later date.
REPORTS – COMMISSIONER STIVENDER –
DISTRICT 3
CHILD ABUSE PREVENTION MONTH
PROCLAMATION
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved Proclamation No. 2007-40, designating
April, 2007, as Child Abuse Prevention Month, to recognize that child abuse is
a community problem and finding solutions depends on involvement among people
throughout the community.
OCCUPATIONAL HEALTH NURSING WEEK
PROCLAMATION
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved Proclamation No. 2007-41, designating
April 16-20, 2007, as Occupational Health Nursing Week, to increase understanding
of the benefits of investing in occupational health and wellness programs.
FIFTH ANNUAL TAVARES STATION
Commr. Stivender reminded those
present to mark their calendars, regarding the Fifth Annual Tavares Station
Central Florida Dragon Boat Races to be held at
REPORTS – COMMISSIONER STEWART –
DISTRICT 4
Commr. Stewart informed the Board
that, on March 13, 2007, a highly respected resident of
It was noted that the County has a
process for handling such matters, at which time Ms. Cindy Hall,
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Nancy Fullerton, representing the
Alliance to Protect Water Resources, and as a member of the Lake County Water
Authority, but not speaking on their behalf, addressed the Board and discussed
some issues she had with the Board approving the issuance of a Water Use Permit
(WUP) to The Villages by the Southwest Florida Water Management District
(SWFWMD) this date, regarding an alternative water supply, noting that it was
her understanding that, if there are no impacts within a certain length of
time, The Villages will not have to do an alternative water supply. She stated that there are so many unknowns
about this request, which she elaborated on, and that she wished the Board had
not approved it, until everyone had been informed about it. She then questioned various aspects of the
Water Use Permit.
Mr. Sandy Minkoff, County Attorney,
stated that the status of the matter is that the SWFWMD has issued intent to
issue the permit and the only way to stop it at this point is to file a lawsuit
in the administrative process against the SWFWMD and The Villages, in an
attempt to stop it, and the last day to do so would be Friday, March 23,
2007. He stated that the County could
have petitioned to challenge it and begin the litigation, but the upshot of the
settlement is that the County will not litigate, but will work cooperatively
with them to try to develop an alternative water supply.
Commr. Renick stated that the
Agreement states the County and The Villages will work together and that it
will be a cooperative agreement and The Villages will give up to $250,000 for
the study, unless the County or any of the cities challenge the Water Use
Permit and then all deals are off.
Commr. Cadwell stated that the Board
took its action regarding this matter on behalf of the Water Alliance, which is
what they have got to get cleared up – that the County is acting on behalf of
the Water Alliance and the vote that they took – that the cities asked the
Board to form the Water Alliance, to give them a voice in the process, and they
all voted in support of the request. He
stated that he understood Ms. Fullerton’s concerns, but that they were just
going to have to disagree on this issue.
-------------------------
Mr. Roy Hunter, representing the
Northeast Lake Chamber of Commerce, addressed the Board regarding the
following: (1) Free photographs will be taken with the
Easter Bunny at the Paisley Community Center, sponsored by both the Northeast
Lake Chamber of Commerce and Walgreens, located at SR 19 and CR 44A; (2)
Sheriff Gary Borders and Mr. Jim Judge, Director, Lake-Sumter Emergency
Management Services (EMS), will be attending the next Northeast Lake Chamber of
Commerce Meeting, to be held on Tuesday, March 27, 2007, to answer any
questions there might be from the residents in that area; (3) a request that
postage stamps from all mail coming into the County be saved and given to Mr.
Hunter, for the purpose of raising funds for orphaned children; and (4) that
used cell phones be given to the Paisley Library, located on CR 42, or to the
Walgreens, located at SR 19 and CR 44A, to be given to needy people, for 911
use only.
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Ms. Pat Congdon, a resident of
Leesburg, addressed the Board regarding a number of issues pertaining to the
victims of the Groundhog Day tornados that hit the County, among other things,
at which time she submitted, for the record, a petition containing signatures
of individuals requesting action by government officials regarding a recent
tornado debris removal deadline extension and a waiver of impact and permit
fees.
-------------------------
Mr. Lloyd Barth, a resident of Bear
Lake Heights, addressed the Board regarding the amount of debris that exists on
Bear Lake Boulevard, noting that the area is accumulating more and more debris
all the time and he has some concerns about it becoming a fire hazard. He stated that a lot of damage has been done
to the area by heavy equipment going through it, which is taking its toll on
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:00 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK