REGULAR MEETING OF THE BOARD OF
JULY 10, 2007
The Lake County Board of
INVOCATION AND PLEDGE
Commr. Hill stated that she would like to bring one item up under her business regarding the impact fees. She commented that she did not think that they would need a vote, but just consensus and information.
Commr. Stivender stated that she would like to place a request from the cities on the Agenda under her business in regard to the Parks and Recreation funding that would require a vote.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to place the request from the cities on the Agenda
Commr. Cadwell stated that under his business, he had a letter he wanted the Board to allow him to send to the Local Planning Agency (LPA), and he requested that they place in on the Agenda, and they could discuss it under his business.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to place the discussion of Commr. Cadwell’s letter to the LPA on the Agenda.
Commr. Renick stated that she had some changes to the Minutes of June 5, 2007, which were changing Page 1, Line 24, from Commr. Stivender to Commr. Renick; and Page 5, Line 48, from Commr. Renick to Commr. Stewart.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the Minutes of June 5, 2007, as corrected, and the Minutes of June 18, 2007, as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ 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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending May 31, 2007, in the amount of $188,591.64. Same period last year: $190,055.49.
Proposed Operating Budget for Country Greens CDD for FY 2008
Request to acknowledge receipt of Proposed Operating Budget for Fiscal Year 2008 for Country Greens Community Development District.
Operating Budget for
Request to acknowledge receipt of Proposed Operating Budget for Fiscal Year 2008 for Arlington Ridge Community Development District.
Village Center Community Development District Amended Budget
Request to acknowledge receipt of Amended budget for the Village Center Community Development District for the Fiscal Year 2005-2006 in accordance with Chapter 190.008(2)(b)(c) Florida Statutes.
Notice of Meeting of Arlington Ridge CDD Board of Supervisors
Request to acknowledge receipt of Notice of Meeting of
the Arlington Ridge Community Development District’s Board of Supervisors
scheduled to be held on Tuesday, June 19, 2007, at 10:00 a.m., at
Proposed Budget for Estates at Cherry
to acknowledge receipt of Proposed Budget for Fiscal Year 2007/2008 for Estates
at Cherry Lake Community Development District, pursuant to Chapter 190, Florida
Statutes. A public hearing to consider the adoption of this item has been
scheduled for August 10, 2007 at 2:00 p.m. at the Hampton Inn Mount Dora,
Notice of Application for Amendment to Water Certificate
Request to acknowledge receipt of Notice of Application for Amendment to Water Certificate, pursuant to Section 367.045, Florida Statutes, and Section 25-30.030, Florida Administrative Code, by Aqua Utilities Florida, Inc., 110 Thomas Avenue, Leesburg, Florida 34748, of its intent to apply to the Florida Public Service Commission to extend its service area to provide water service to the property described below in Lake County, Florida, containing approx. 39.97 acres.
Commence at the North ¼ corner of Section 29, Township 20 South, Range 26 East; thence run N 88 degrees 57’ 27” W, along the North line of said Section 29 for a distance of 50.00 feet to a point on the West right-of-way line of Monroe Street; thence run S 00 degrees 46’56” W a distance of 314.17 feet for a point of beginning; thence continue along said West right of way line, S 00 degrees 46’56” W a distance of 958.56 feet; thence N 88 degrees 56”15”W a distance of 1917.50 feet to a point on the East right-of-way line of Adams Street; thence N. 00 degrees 50’39” E. along said East right-of-way line a distance of 610.80 feet; thence S 88 degrees 58”18” E a distance of 583.71 feet; thence S 00 feet 50’39” W a distance of 33.00 feet; thence S 88 degrees 58’18” E a distance of 751.29 feet; thence N. 00 degrees 48’05” E a distance of 379.37 feet; thence S 88 degrees 59’45” a distance of 581.74 feet to the point of beginning.
Notice of Application for Amendment to Water Certificate
Request to acknowledge receipt of Notice of Application for Amendment to Water Certificate, pursuant to Section 367.045, Florida Statutes, and Section 25-30-.030, Florida Administrative Code, by Aqua Utilities Florida, Inc., 110 Thomas Avenue, Leesburg, Florida 34748, of its intent to apply to the Florida Public Service Commission to extend its service area to provide water service to the property described below in Lake County, Florida.
That part of Sections 10, 11, 14 and
15, Township 18 South, Range 25 East,
Commr. Stivender pulled Tab 16 and Tab 20.
Commr. Stewart pulled Tab 12.
Commr. Hill pulled Tab 5, 12, 19, and 22.
Commr. Renick pulled Tab 6.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 22, pulling Tabs 5, 6, 12, 15, 16, 19, 20, and 22, as follows:
Request for approval of Budget Change Request:
Budget Transfer - Solid Waste Closures & Long Term Fund, Department of Environmental Services, Solid Waste Operations Division. Transfer $47,180 from Reserve for Operations to Landfill Post Closure. Additional funds needed for unanticipated long term care costs at the closed Umatilla Landfill site. Work includes well abandonment and installation of two new wells inside the landfill fence; Site Assessment and subsequent Site Assessment Report in accordance with 62-780 FAC as required by FDEP; and repair of existing well. Funds available in Reserve for Operations. After this transfer, the balance in the Reserve for Operations account will be $3,504,716.
Request for approval
to accept donation of $700 from the
for approval to amend Page 10, Article XII, Paragraph 12.1 of Partnership
Request for approval of annual contribution of $12,000 to WellFlorida Council.
Request for approval and signatures of two Detailed Work Plan Budgets for Arthropod Control FY 07/08.
Request for approval of payment to Mads and Shantelle Kragh for construction of an exterior over their existing garage to meet the requirements of BOA#22-07-2 - Commission District 2.
for Execution and Release of Fine, Property Owner:
Request for approval of contract extensions with MetLife, UnumProvident and Unisych Benefits of Florida, Inc. through September 30, 2008. These vendors have agreed that rates will remain as currently in place.
Request for approval to award and execute the contract with Moore Stephens Lovelace, P.A. to provide Auditing Services.
Request for approval of the Interlocal Agreement between
Request for approval and authorization for Chairman to execute satisfaction of liens for the attached four (4) road assessments - Commission Districts 2 and 4.
Request for authorization to accept the final plat for Paddock Hills and all areas dedicated to the public as shown on the Paddock Hills final plat, accept a letter of credit for performance in the amount of $1,833,950.00, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Ba-Sher Development, Inc. Paddock Hills consists of 63 lots and is located in Section 20, Township 20 South, Range 25 East. Commission District 3.
Commr. Stivender stated that she had pulled Tab 16 to bring forward the grant they had received from the U.S. Fish and Wildlife Service to continue with the Scrub habitat restoration. She reported that they had been working on that for the last six years, and it had come to fruition.
On a motion by Commr. Stivender, seconded by Commr.
Renick and carried unanimously by a vote of 5-0, the Board approved a grant
with the U.S. Fish and Wildlife Service for $16,827.00 for materials and
supplies needed for Scrub Habitat restoration at
Commr. Stivender stated that she had pulled Tab 20, because she thought that the Parks, Recreation and Trails Month deserved recognition more than being under the Consent Agenda. She commented that the Parks crew had been doing a tremendous job, which they were getting the credit for.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request from Public Works to declare and sign Proclamation No. 2007-96 designating July as Parks, Recreation, and Trails Month.
Commr. Stewart stated that Tab 12 was a recommendation that they hire a consulting firm, but she felt that they needed to do as much in-house work as they could. She commented that they had a great landscape architect on staff, and they should only use those consulting firms when they absolutely had to.
Commr. Renick asked if the County had had the type of arrangement before where consultants would supplement Growth Management staff like that.
Commr. Cadwell responded that at different times and that generally they were project specific.
Ms. Carol Stricklin, Growth Management Director, responded that they have had continuing services consultants in the past, and that the contract expired in March of 2007. She specified that they had three firms they were using, and those firms were primarily used for assistance in preparation of the Comprehensive Plan, and some specialized environmental and engineering expertise was brought to the table. She noted that they did have some projects in mind for these continuing services consultants.
Mr. Wayne Bennett, Division Director, Planning and Community Design, addressed the Board to explain that they actually would have five firms that would be under contract on a continuing-services basis for a number of projects that they were expecting to be coming up that they needed help with, one of which was a land development regulation. He also stated that they needed to start their Evaluation and Appraisal Report (EAR) process, which they would need help with over the next year. Other projects that they would be using the consultants for were a Gateway Design Project, a project in the Plymouth-Sorrento area, Community Redevelopment Agency (CRA) types of planning projects, and a work-force housing project.
Commr. Stivender asked if there was a cap amount for that.
Mr. Bennett responded that he thought that for this coming year, what was in the proposed budget was in the neighborhood of $125,000 to $150,000.
Commr. Stivender commented that they were using the consultants for their expertise in areas that staff were not experts in.
Mr. Bennett explained that the landscape architects on staff were good at design, but did not have expertise in developing construction plans. He commented that some of those might require some engineering expertise and AutoCAD programs that the County did not have, and they also did not participate in the construction bidding process or have a working knowledge of what was paid for various services.
Commr. Cadwell recommended that the Board re-agendize this item for a later date and that Mr. Bennett spend a little time to figure out the scope of work and exactly what they plan on the consultants doing and how broad it would be.
Mr. Bennett related that the proposed budget had a specific list with dollar amounts for all the projects that they expected to undertake in the next year to two years.
Commr. Cadwell stated that Tab 12, the request for approval that RQ 07-0208 for On Call Planners for Growth Management be awarded to HDR, Inc., and Land Design Innovations for Comp Planning and Small Areas Planning, GAI Consultants Inc., for Conservation-Open Space and Landscape/Site Planning, Real Estate Research Consultants, Inc., for Economics, be re-agendized and brought back at a later date.
Commr. Renick stated that in Tab 6, they were basically putting themselves at risk for up to $200,000 for the agreement regarding the new Harry Potter book. She did not think that the publicity for the library to be provided with advanced shipments of the book was worth the financial risk to the County. She believed that the library system would eventually be able to get copies of the book for the libraries even without the agreement.
Ms. Wendy Breeden, Library Services Director, stated that hopefully they would be able to obtain them, but it was on a first-come, first-serve basis, and they had not even submitted their paperwork yet, so they could see a delay of weeks after the books were released. She explained that they would hold the books at headquarters until the day before and not send them out until that day. She noted that this held true for any publication and that it was normal for publishers to send prepublication out before the publication, and it was their responsibility not to put those in circulation prior to the publication date. However, she stated that Scholastic had had problems with their Harry Potter books, and they were the only ones who had ever asked for it in writing.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried by a vote of 4-1, the Board approved the Scholastic Agreement and Baker & Taylor Indemnification Agreement in relation to the release of J. K. Rowling’s “Harry Potter and the Deathly Hallows,” with the stipulation that it be held in the vault at the Clerk’s office until the release date.
Commr. Renick voted “no.”
Commr. Hill wanted to point out that the long range plan she had read regarding Tab 5, from the Lake Soil & Water Conservation District, was very impressive. She asked if they could hire another company to do the environmental compliance or if they should have Code Enforcement take care of any violations.
Mr. Fletcher Smith, Community Services Director, stated that one of the aspects of this program was that commercial growers would be able to call them and ask to have their irrigation systems inspected and be given recommendations on how to fix those. He commented that they might be reluctant to call them if they realized that they would be issuing citations if they came out there.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the request from Community Services for approval of the request by Lake Soil & Water Conservation District for Lake County to assist with the administration of the grant they have received to operate a Mobile Irrigation Lab Program.
Hill asked if the changes that were incorporated into the Supplemental
Agreement for the additional engineering services in Tab 19 were requested by
the City of
Mr. Jim Stivender, Jr., Public Works Director, stated that there were several factors involved in that, one being that there was additional engineering work due to more parcels being involved. He also noted that a couple of years ago they brought forward to the City an agreement to work together for donations for right of way and ponds. He stated that the payback for the County was that they got a right of way and the stormwater donated.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request from Public Works to execute the Supplemental Agreement No. 1 to the agreement with Bowyer-Singleton for additional engineering services for the design of County Road 470 – Commission District 3.
Commr. Hill stated that they discussed Tab 22 last week, and asked if there was a stipulation in the ordinance when they approved the Sullivan Ranch site plan to require a school be built before those homes were built.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 22, the request from Public Works for authorization to release Certificates of Occupancy for up to 100 homes and any common elements while landscaping buffers are put in place. Sullivan Ranch consists of 693 lots and is located in Section 33 and 34, Township 19 South, Range 27 East, Commission District 4.
AWARDS AND RECOGNITIONS
The Chairman presented the following Employee Awards, at which time Ms. Kasie McAdams, Employee Services Manager, Office of Employee Services, gave brief remarks about the employees’ service to the County.
John Green, Equipment Operator I
Public Works/Road Operations/Maintenance Area III
John Dinsmore, Landfill Attendant
Environmental Services/Solid Waste Operations
Judith Law, Right of Way Agent I
Public Works/Engineering/Right of Way
John Giddens, Library Page (not present)
Community Services/Library Services/Marion Baysinger Memorial Library
Growth Management/Building Services
Yancey Peterson, Fire Lieutenant/EMT
Public Safety/Fire Rescue
Libby McDermott, Office Associate III (not present)
Public Safety/Emergency Management
PRESENTATION – PLAAC PROGRAM ACQUIRED PROPERTIES UPDATE
David Hanson, Public Lands Manager, Growth Management, gave a power-point
update to the Board regarding properties that were under consideration, had
been acquired, and under contract by the Public Land Acquisition Program, and
also where they were as far as finances for that. He reported that since August 2006, PLAAC had
acquired three properties, which were the Andrews Property in
PRESENTATION – MYREGION.ORG DOCUMENTS
Commr. Hill asked if the map represented what the cities hoped to grow to or was their starting point.
Mr. T. J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (LSMPO), stated that the map represented the starting point.
Commr. Stewart commented that she wanted to make sure that the County was not written into an overall plan that they had no control over. She emphasized that the citizens of our County wanted to preserve their rural areas and wanted to make sure these documents did not give them any difficulties with the regional approach.
Ms. Shelly Lauten from myregion.org responded that some of the ideas articulated in the vision were conservation and protecting the agricultural and rural landscapes.
Mr. Fish commented that this plan referred to 43 years from now, and the MPO’s involvement as a partner was that they were trying to decide what type of transportation investment they should plan on and had realized that they needed to shift to transit and other alternative modes.
Commr. Renick stated that she thought this was nonbinding and used words such as encourage, promote, and cooperation. She opined that she did not think there was anything threatening in the documents and was a philosophical statement of cooperation.
Ms. Lauten noted that the MPO Alliance was the form and function by which they could have better conversations.
Several Commissioners agreed that the revised versions of the documents were much better than the original ones.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved all three revised documents from myregion.org, which were the Policy Framework and Action Plan, the Compact, and the “Circle” Map.
COMMUNITY SERVICES – SHIP GRANT
Ms. Liz Eginton, Housing and Community Development Director, Department of Community Services, informed the Board that the Florida Housing Finance Corporation had granted them an additional $5 million in State Housing Initiatives Partnership (SHIP) funds to be used to assist victims of the Groundhog Day Tornado. She stated that they would like to use the funds for rehabilitation and replacement of homes that were on the Property Appraiser’s list. She also noted that one additional thing they were doing regarding replacement housing was putting out a request for qualifications to builders that they had worked with in the past in their rehabilitation programs, asking them if they would be interested in helping to replace some housing. She also requested two new term-limited Community Development Specialist positions for two years to help them carry out the program, because they were on a very tight deadline to spend that money, which was June 30, 2008.
Commr. Hill asked under the Request for Proposal (RFP) for builders, if they were excluding organizations like Habitat.
Ms. Eginton stated that they were on the list.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request from Community Services to accept $5,000,000 in State Housing Initiatives Partnership (SHIP) disaster funds to be used for housing assistance for Groundhog Day Tornado victims; to amend the FY 2006-07 SHIP budget to add Accounts 126.2082440 (Disaster Assistance) funded in the amount of $4,500,000 and 126.2082450 (Disaster Assistance Administration) funded in the amount of $500,000; and to authorize two new term-limited Community Development Specialist positions for two years and to execute Resolution No. 2007-97.
ENVIRONMENTAL SERVICES – SOLID WASTE ASSESSMENTS
Mr. Daryl Smith, Environmental Services Director, stated that this was a request for the Board to approve an Initial Assessment Resolution for Collection, Management, and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2007/08, including a proposed maximum residential assessment of $200, establish a public hearing date of September 11, 2007, and direct staff to proceed with the steps necessary to have the solid waste assessment increase automatically, each year, by an amount equal to the increase in the charges for the curbside collections services. Mr. Smith mentioned that the Board would have to set the maximum amount of the increase prior to the public hearing so it would go out on a TRIM notice. He noted that they would not make the final decision until the public hearing on September 11. He also explained that the franchise agreements required that they increase the franchise collection costs or charges to the franchise collectors by a certain amount each year, based on certain indices, and they believed that it was in the Board’s best interest to increase those rates on an annual basis based on those increased costs as a pass-through to the customers.
Commr. Cadwell asked Mr. Smith if they would be looking at other alternatives after the curbside collection contracts were up in 2009.
Mr. Smith answered that they were going to be looking at a number of alternatives during that process, and in all likelihood, they would have some options when they bid it to see what kind of pricing they got for various options.
Commr. Cadwell commented that from the budget process they knew that there was still work to do on this assessment.
Commr. Hill stated that as liaison to the Solid Waste Committee, she had spoken to Mr. Smith about this, and from that they had prepared and handed out to the Board the calculations as to Solid Waste supplements from the general fund by year. She reported that in 2003, the Board at that time agreed to raise the ad valorem assessment by .83 mils, which raised approximately $7.8 million to pay for the Covanta Bond Debt Service at that time and to ensure that all County residents bore the cost of the debt service and that the non-ad valorem assessment was set at $173.50. She noted that it was separated out so everyone would know it was because of the Covanta contract. She continued to explain that in 2004, the Covanta lawsuit settled, but it was past the date to advertise the millage rate, so they had to roll it back in, the bonds were refinanced, and the annual cost of debt service was reduced. She went on to give a history of the rates after that date. She stated that she was not willing to change the plan, and she did not want to approve sending a message that the County may increase the residential assessment and the tipping fee. She commented that as the amount of trash increased because of growth, as part of the Comprehensive Plan for Solid Waste over the next 20 years, a change in the plan may be warranted, and today she was still convinced that the two landfills that they had were not appropriate and she thought they should have the ash on top of the garbage. She commented to the Board that she thought it was prudent that they waited for the results of all the property tax reform to be completed before they made changes in taxes before tax rates were made, and that her decision today was that the ad valorem transfer should remain at the $6.9 million and that there be no increase in the tipping fee or the non-ad valorem special assessment, because she did not think they were warranted right now. She believed that if they left the millage as is, it would cover that bond issue and even a little more.
Commr. Cadwell commented that unless they did away with the assessment, they needed to advertise something.
Commr. Hill added that she understood the theory of having Solid Waste become a fully-funded enterprise fund, but she commented that she did not think they could afford to do that at this time.
Commr. Renick stated that she agreed with Commr. Hill that this may not be the time to increase the assessments, and she thought that a 15 percent increase they were asking for was a serious increase.
Commr. Cadwell stated that he had asked staff to look into whether the increases in Solid Waste and Fire Assessment would negate the savings residents were expecting to see in their tax bill. He commented that if the fees were not raised, however, then general fund dollars of between $2 million and $3 million would be taken out of the budget.
Commr. Renick asked if this could be postponed.
Mr. Smith stated that they had until the time frame to about July 24 to make a final decision on it to get it on the TRIM notice.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to postpone Tab 5 regarding the Initial Assessment Resolution for Collection, Management, and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2007/08 until the next meeting, and directed the County Manager to work the numbers to see where they stood.
APPROVAL OF ELLIS PURCHASE AGREEMENT
David Hanson, Public Lands Manager, stated that Tab 27 was to approve the
Purchase and Sales Agreement with Jerry Ellis, Lucy Ellis, and Mike Ellis, for
approximately 60 acres of mature sand pine scrub with some incorporated
wetlands and 3 acres of a road that would access this property. He specified that it was north of Royal
Trails and had recently been accepted into the Florida Forever Wekiva Ocala
Greenway Project boundary. He commented
that it was bear habitat and was essentially surrounded on three sides by the
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously
by a vote of 5-0, the Board approved the request from Growth Management for the
Purchase and Sales Agreement between
REFUND OF PREPAID IMPACT FEE
Angie Thompson, Impact Fee Coordinator, Growth Management, stated that Tab 28
was an appeal for a refund of prepaid impact fees by Mr. Randy Walker. She reported that the Lake County Code
allowed for refund of prepaid impact fees only under very specific
circumstances and that this item did not fall into any of those
circumstances. She related that the
Commr. Renick commented that Mr. Walker had paid the impact fees, was not building homes, and they needed to give it back to him, but she understood the administrative problems of how it was set up.
Commr. Stewart commented that was her first reaction, but then she thought they would be setting a bad precedence by refunding the fee and that he should have done his due diligence.
Commr. Stivender noted that they had done refunds in the past, depending on the circumstances.
Ms. Thompson stated that in the future, they were going to make it part of the procedure that the person purchasing a prepayment would need to prove that the lot was buildable before they collected the fee.
Commr. Hill was concerned that if Mr. Walker were to rezone this property or ask for a waiver, he would ultimately be able to build on it.
Ms. Terrie Diesbourg, Zoning Director, stated that there were a lot of different things that came into play when a lot of record determination was done, and she did not think he could build on that lot, because the properties were aggregated and a record of determination was done in 1996.
Stivender asked Mr. Sandy Minkoff,
Mr. Minkoff responded that typically they could not do that unless the Comprehensive Plan or the zoning changed, and that sometimes a second residence could be added as an accessory dwelling.
Commr. Renick commented that even if he had gotten permission to build on it, then he would have to come back to the Board, and that currently he was not planning to build.
Commr. Hill made a motion to uphold the County Manager’s recommendation not to refund the prepaid impact fees, since they were not refundable according to Ordinance No. 2004-26, Section 22-11 (4). Commr. Stewart seconded the motion, which failed by a vote of 2-3, with Commr. Cadwell, Commr. Stivender, and Commr. Renick voting “no.”
On a motion by Commr. Renick, seconded by Commr. Stivender and carried by a vote of 4-1, the Board moved to refund the prepaid impact fee paid by Mr. Randy Walker.
Commr. Hill voted “no.”
AWARD OF CONTRACT FOR CONSTRUCTION OF FIRE STATION
Jim Banon, Director of Facilities Development and Management, stated that they put
the project of the construction of a Prototype Fire Station No. 78 at
Commr. Stivender commented that this was a long time coming, and asked Mr. Banon if he cut off a million dollars after they sent it back.
Mr. Banon responded that it was not quite that much and that they actually reduced the square footage from 9,319 square feet down to 7,697 square feet.
Stivender asked if that was still an adequate size to house
Mr. Banon stated that it was adequate an adequate size and that the project was coming in at about $263 per square foot, which was competitive in today’s market.
Commr. Stivender asked that since this was a prototype of a fire station done elsewhere in the County, if they were paying again for the cost of the design.
Mr. Banon responded that they got a break on the cost of the design, so they did not have to pay as much for the design when they went to another location, because every project was site-specific and there were going to be some engineering changes.
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously
by a vote of 5-0, the Board approved the request from Procurement to award the
contract for Bid Number 07-0213 for the Construction of a Prototype Fire
Station #78 at
APPOINTMENT TO SALES SURTAX OVERSIGHT ADVISORY COMMITTEE
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the appointment of William P. Smith to serve on the Sales Surtax Oversight Advisory Committee as a member of the public at large as designated by the Lake County School Board to serve a term ending November 19, 2010.
APPOINTMENT TO LSMPO CITIZENS’ ADVISORY COMMITTEE (CAC)
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Bill Calhoun to the vacant District 5 seat on the Lake-Sumter Metropolitan Planning Organization (LSMPO) Citizens’ Advisory Committee (CAC) to complete an unexpired term ending December 31, 2007 and serve a consecutive two-year term – Commission District 5.
APPROVAL OF PUBLIC APPEARANCE/PRESENTATION POLICIES
Commr. Renick emphasized that under the policies for the Consent Agenda, it stated that it would consist of routine County business and no controversial items. She opined that they needed to be a little more careful about the Consent Agenda and asked that staff put anything that was the least bit controversial on the regular Agenda in the future.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the Public Appearance/Presentation policies at scheduled Board of County Commissioners’ meetings.
MEETING SCHEDULE CHANGE
Ms. Hall stated that she wanted to retain the date of August 14 to schedule the budget work session that would be coming up subsequent to when the budget came about and prior to the public hearings.
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
IMPACT FEE MEETING RESCHEDULED
Commr. Hill stated that she, Ms. Hall, and Mr. Greg Welstead, Deputy County Manager had a meeting with the Home Builders Association President and Executive Director, as per the Board’s request, to look at the impact fees. She reported that they were currently working with the consultants to address a lot of the concerns that had been brought forward by the Home Builders Association and others in the community that had contacted them. She asked that the Board postpone the meeting for August 7 at 5:05 p.m. for two weeks and reschedule it for August 21 at 5:05 p.m. so that they could continue to work through some of those concerns.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board moved to put the rescheduling of the impact fee meeting on the Agenda.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board moved to reschedule the August 7 impact fee meeting to August 21 at 5:05 p.m.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
PARKS AND RECREATION GRANTS WITH CITIES
Commr. Stivender mentioned that they
had voted previously to put on the agenda the cities’ request, through the city
managers, and the
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board moved to have legal staff draft the document regarding keeping the Parks and Recreation grants that went to the cities and allowing the cities to charge more for County residents using their facilities.
Commr. Stivender commented that the
Parks and Recreation Committee met on Monday, July 9, and they had not sent out
the grant applications for next year.
She explained that the ones that were approved that they were working on
for this year were in tact, but the monies that would have gone for next year’s
cycle would stay in the Parks and Recreation fund so that they could finish
COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
GROUND BREAKING ON CAMPBELL HOME
Cadwell stated that they had a groundbreaking in
LETTER TO LOCAL PLANNING AGENCY
Commr. Cadwell mentioned that they had added to the Agenda the discussion of a letter from him to Ms. Nadine Foley, Chairman of the Local Planning Agency, asking for a deadline for sending the rest of the Comp Plan to the DCA, in order to get the school facility element going and to make sure the County would not exceed their lawful deadline. He stated that originally he was going to send it just from him individually, but he thought it would be more appropriate if the Board weighed in on it.
Commr. Stivender made a motion to send the letter from Commr. Cadwell to the LPA. Commr. Hill seconded it for discussion.
Commr. Stewart stated that she knew they needed to get that dealt with and submitted, but she was also concerned with rushing it through and not getting the kind of product they wanted. She commented that she thought that the way things were worded was an important concern, because they did not want it open to interpretation. She also commented that she thought the LPA was working very hard.
Commr. Renick stated that she had a couple of problems with the letter. She commented that she had been to a lot of the LPA meetings and watched the DVD of some of them, and she thought that there was a problem between the LPA and County staff that was slowing things down. She also opined that the meetings were currently moving along at a good clip, although there were some problems at a few meetings. She commented that she understood the reason for the letter, but did not agree with certain parts of it.
Commr. Cadwell asked for a chance to make changes in the letter and bring it back in a week. He commented that he wrote the letter and made many changes over a period of time and thought it was their responsibility as a Board to ask their citizens’ group to finish their job so that they could do theirs. He also noted that they were breaking the law by not having it done on time and needed to get it done.
Commr. Hill commented that it seemed like they were close and that they had a very heavy schedule that it looked like they were adhering to.
Commr. Stivender withdrew her motion, and Commr. Hill withdrew her second.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Ray Goodgame addressed the Board on behalf
of the City of
Mr. Sean Parks, a resident of Montverde, asked the Board to take another look at Plaza Collina and send it back to DCA or the Central Florida Regional Planning Council to make sure there was no substantial deviation from what was originally proposed and what was proposed recently in their preliminary site plan. He stated that he had about 12 – 13 years of experience as an environmental consultant and professional planner and had done research, and in his opinion, there was cause to look at this again to make sure it had not deviated from what was proposed during the DRI (Development of Regional Impact) process. He also related that he did not see the protection of the Scenic Byway and the South Lake Trail that was promised in the proposed site plan. Also, he did not see the mixed use of office, professional, and commercial projects that were supposed to look like a village. He pointed out that it was the gateway to our county, and he did not see an emphasis on protecting that gateway. He cited Ordinance 2006-16, which stated that in order to protect the integrity of the Scenic Byway, existing oaks shall be preserved to the maximum extent feasible, and that he did not see that effort in the site plan. He also noted that the proposed site plan showed a simultaneous change in land uses, which according to Chapter 380.06, Florida Statutes, was a cause for a substantial deviation, and that the plans went from a mixture of professional and residential to strictly commercial. He stated that there were a lot of people concerned about this issue, and that there were over 500 signatures collected on a petition in less than two days, and they could probably get thousands if given another week or so.
Renick stated that she would like to see this sent back to DCA for a second
look. She pointed out that the June 5
BCC Minutes stated that the vacation petition was approved with the stipulation
that a meeting took place, and it did not ever materialize, and she was hoping
that they could have worked things out at that point. She related that Clermont,
Commr. Cadwell asked Mr. Minkoff what their options were procedurally and legally in regards to DCA.
Mr. Minkoff stated that they perhaps could take some risks if they did do that, and they could hold up any future permitting of the property and request that DCA review the matter. He stated that the Board could direct his office or Growth Management to add it to the Agenda. He stated that there were some risks that litigation could ensue, but if they got DCA to look at it quickly, chances were that that risk would not be significant.
Jim Lynch, a resident of
Commr. Cadwell commented that the debate was not Walmart or anti-Walmart, but whether it was fairly represented to the Board about what was going to be there when they made their decision. He thought the majority of the Board would agree to let DCA look at it.
Fred Cranmer, a resident of
Ken LaRoe, a resident of Eustis, stated he thought that the risks of being sued
over Plaza Collina were minimal. He
related that he and a non-practicing attorney went to the law library, did
research, and found a case to support their position opposing a huge
development north of the City of
Vaughn Roberts, a resident of
Cadwell asked Mr. Roberts to provide those studies to either the
Ms. Kathleen Patterson, President of Green Mountain Scenic Byway and a resident of Montverde, stated that it was unethical and unacceptable to accept a complete difference that was presented and approved earlier. She stated that they had to be conscientious and set an example for future leaders and take the high road.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to place on the Agenda the motion to send the Plaza Collina site plan back to DCA.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to send the Plaza Collina site plan back to DCA to have them determine if there was a substantial deviation and to issue a suspension of the site plan and grading plan approval in the Scenic Byway area of the site.
Rob Kelly, a resident of Clermont and a member of the LPA, stated that the LPA
had nine members who were giving a tremendous amount of time for free and were
spending hundreds of hours a month working on that. He emphasized that it was not a matter of
word smithing and minutiae that were holding them back and that they were
working on some very legitimate issues and the details of those issues. He suggested that the Board consult the LPA
before arbitrarily setting a deadline, so it could be based on the amount of
work that needed to be done rather than just a date. He commented that they were starting to see
the light at the end of the tunnel and that they were moving along
effectively. He gave some examples of
some of the things that were slowing them down, one of them taking place on
June 14 at a meeting to set policies for rural support and commercial use in
rural areas. He stated that they had the
direction fairly well set and policies defined, but that a staff member
indicated they would not support that direction, so the LPA asked him to
provide some language for them. He
indicated that after a fairly long time of waiting for the information, they
were finally told by staff that they would not provide them with the
information. He also related that the
July 5 meeting was cancelled 15 minutes before everyone showed up because of
advertising issues, after he had cut his vacation short to be there. He stated that there were also issues
regarding mapping, such as the LPA vote on what the land use should be in the
Commr. Stewart commented that she had gone to a lot of LPA meetings and had witnessed a lot of what Mr. Kelly had spoken about.
Cadwell suggested that Mr. Kelly speak to Ms. Cindy Hall,
Mr. Maxwell, a resident of Winter Garden, addressed the Board regarding the problems he had faced living near the present location of the Prestige concrete plant. He related that the site was originally approved in 1978 and that there was supposed to be a 200 foot buffer zone, but that the gravel pit was 20 feet from the property line, putting his house only 50 feet away from the pit. He spoke about dust on his property and in his pool, noise, fumes, dead trees and vegetation on his property, garbage in the berm, and water lying in places other than the retention pond and not being put through a filtration system as required. He complained that a lot of his complaints to Code Enforcement went ignored. He asked for a review of the new Prestige site to make sure everything was in compliance. He also suggested that DEP get together with Code Enforcement to make sure that there were no gaps in compliance between the two agencies.
Mr. Mike Evans, a resident of Clermont who owned property on Hwy 50, was concerned about road closures near his home as a result of Plaza Collina construction in Clermont.
Commr. Cadwell stated that all of the County’s road closures were public hearings.
Commr. Renick stated that there was some discussion with Growth Management as to whether or not that would be coming back to the Commission, and that road vacation had not come back to them.
Commr. Cadwell stated that Mr. Evans would have an opportunity to speak when there was a public hearing, and he would be notified if he were an adjoining property owner.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:55 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK