A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 6, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, November 6, 2007, 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: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Elaine Renick; and Linda Stewart.  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, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Pastor Brian Hershberger, from the Trinity Chapel Mennonite Church, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Cadwell stated that Tab 26, on the County Manager’s Consent Agenda, was being moved to be heard before Tab 18 and that it would be a presentation, rather than just a regular item; and that, under his Commissioner’s Business, he had a letter from the Chairman of the School Board, Mr. Larry Metz, asking to have some discussion regarding a school site in the Sorrento area and he would like to add that item to the Agenda.  He noted that the Sales Surtax Advisory Committee Minutes from October 2, 2007 needed to be placed on the Agenda, for approval, as well.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved to place said items on the Agenda.

Ms. Cindy Hall, County Manager, stated that she would like to pull Tab 3, Item 1, a request for approval of a budget transfer, regarding the reconciliation of outstanding account balances for Fiscal Year 2007 for various funds and departments, and bring it back to the Board for approval at the Worksession scheduled to be held on November 9, 2007, to make sure that staff has answered any questions there might be from the Board on that item; and that she had received a request to postpone Tabs 31 and 32, requests from Economic Growth and Redevelopment for approval of Incentive Packages for Project Falls and Project FB, until a later date.

Commr. Stewart stated that she was against postponing Tab 31, a request for approval of an Incentive Package for a bottling company, noting that there was a great deal of concern in the County from the citizens, as well as herself, about that request.  She felt a postponement of the request would not solve the main issue, which is that the bottling company will be taking water out of the aquifer to sell.  She stated that no amount of postponement will change the fact that that is what they are going to want to do and a lot of citizens that are concerned about it were present in the audience and she felt the request should be acted on this date.  She stated that she felt the company was a wonderful one, but to pull water from the aquifer to bottle and sell it, when the County should be conserving every drop of water that it has does not make sense today and it will not make sense a month from now, when the company will want to bring it back before the Board for approval.

Commr. Cadwell stated that the two cases being asked to be postponed has made it clear to him that the Board has not done a good enough job of letting the Metro Orlando Economic Development Commission (EDC) and the Lake County Industrial Development Authority (IDA) know what they feel is a good fit for Lake County.  He noted that he has requested a meeting with Mr. Ray Gilley, President and CEO of the EDC, next week and will be setting up something with the Board, as a whole, to have that discussion with the EDC and the IDA, and the Board needs to be clear with them about what they think is a good fit and what is not.  He wants to create jobs for the County, but does not want to send out the wrong message.  He wants to send out the message that the Board will listen to a company that may want to come to the County and, if the Board does not approve of their project and they want to try to bring a better project back before them, the Board will give them time to do it.  He asked Commr. Renick whether she would be willing to be the point person for the Board, to meet with the St. Johns River Water Management District (SJRWMD) and discuss their concerns, and she responded that she would be more than willing to do so.  He suggested giving the company involved with Tab 31 an additional two weeks to try to come up with a better package, however, noted that he feels two additional weeks is just going to bring more people out against the request, rather than help their cause, and he feels, with the purchase the company has already made and the business plan they have, they will move forward with their project, with or without the County’s incentive.

It was the consensus of the Board that taking the amount of water that is being requested to be taken out of the aquifer is not something the Board would be interested in approving.

Commr. Hill informed the Board that, since water resources are diminishing, she felt the request was a little short-sighted and irresponsible.

Commr. Stewart concurred, stating that we have got to conserve water, noting that wells are going dry in other states and Florida may face that same situation very soon.  She stated that, to allow a company to bottle and sell water from the aquifer is completely irresponsible and ignoring the basic truth of what we are heading for.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board instructed staff, the County Manager’s Office, and the County Attorney’s Office to work with Commr. Renick, as the point person for the Board of County Commissioners, in expressing the Board’s concern about the water issue to the St. Johns River Water Management District.

MINUTE APPROVAL

            Regarding the Minutes of October 2, 2007 (Regular Meeting), the following change was requested:

            On Page 12, Line 40, change ­County to City.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 18, 2007 (Regular Meeting), as presented; October 2, 2007 (Special Meeting – Sales Surtax Advisory Committee), as presented; October 2, 2007 (Regular Meeting), as corrected; and October 8, 2007 (Special Meeting – Department Workshop), as presented.

            CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 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.

Monthly Distribution of Revenue Traffic/Criminal Cases

Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending September 30, 2007, in the amount of $177,402.97.  Same period, last year: $163,599.44.

Deer Island Community Development District Meeting Schedule for FY 2008

            Request to acknowledge receipt of Deer Island Community Development District Meeting Schedule for Fiscal Year 2008, 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 2008 on the third Monday, at 6:00 p.m., at the Clubhouse, 18000 Eagles Way, Deer Island, Florida, on the following dates:

            October 2, 2007 (First Monday)

            January 14, 2008 (Second Monday)

            March 10, 2008 (Second Monday)

            May 19, 2008

            August 18, 2008

            Lake County Water Authority Final Budget for FY 2007/2008

            Request to acknowledge receipt of Lake County Water Authority’s Final Budget for FY 2007/2008.

            Meeting Notice from Southwest Florida Water Management District

            Request to acknowledge receipt of Southwest Florida Water Management District’s Fiscal Year 2007/2008 Budget, which was adopted by the Governing Board on September 25, 2007.

            COUNTY MANAGER’S CONSENT AGENDA

It was noted that Tab 3, Item 1, had been pulled earlier in the meeting and that Tab 6, a request from Procurement for approval to award On Call Surveying Services to three firms listed in the backup information; Tab 7, a request from Public Safety for approval of a Resolution renaming Bird Road to Avington Road; and Tab 10, a request from Public Works for approval of a Resolution raising the speed limit on Loghouse Road from 25 mph to 35 mph, were being pulled for discussion by Commrs. Renick and Stewart.

Procurement

Commr. Renick stated that, with regard to Tab 6, she noticed there was added language in the first contract involving this request that was not included in the other two contracts, and she felt all three contracts should read the same.

Mr. Sandy Minkoff, County Attorney, stated that the company involved with the contract where the language was added wanted said language in their contract and, although his office did not disagree with it, they did not feel the language was necessary so they did not put it in the other two contracts; however, he noted that he did not feel the other two companies would object to said language being added to their contracts, should the Board choose to do so.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Procurement to award RSQ No.07-0224, On Call Surveying Services, to the following three firms:  Southeastern Surveying Company, Mactec Engineering, and Booth, Ern, Straughan & Hiott, Inc.(BESH), with all three contracts to read the same.

Public Safety

Commr. Stewart stated that Tab 7 pertained to the renaming of Bird Road and that she does not like renaming long established roads, unless there is a valid reason for doing so, however, noted that not one person who had a Bird Road address objected to the renaming of the road; therefore, she would vote in favor of the request.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Public Safety for approval of Resolution No. 2007-176, renaming Bird Road to Avington Road - Commission District 4.

Public Works

Commr. Renick stated that Tab 10 was a request for a speed limit change on Loghouse Road and that she had received two emails expressing a concern about the change, since Loghouse Road is so close to two schools located in the area.

Mr. Fred Schneider, Director of Engineering, Public Works, addressed the Board stating that there is a segment of Loghouse Road that will remain 25 mph, because it goes through a residential area, where driveways are located.  He stated that the segment that is being requested to be raised to 35 mph is more rural in nature and there are no driveways involved.

Commr. Renick asked that this request be postponed until a later date, to allow her an opportunity to investigate the matter. 

It was the consensus of the Board to postpone this request until a later date.

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

Budget

Request for approval of Budget Change Requests and Unanticipated Revenue Resolution, as follows:

2.                  Budget Transfer – Law Enforcement Trust Fund, Constitutional Offices/Sheriffs Office. Funds needed to cover equipment purchases from confiscated funds deposited into the Law Enforcement Trust Fund. Funds are available in Other Current Charges and Obligations.

3.                  Budget Transfer – Facilities Expansion Capital Fund, Department of Facilities Development and Management. Move funding from unallocated line to 80030 project (South Tavares Government Complex) line. Funds are available in unallocated Buildings, per adopted Fiscal Year 2008 budget. Funds will remain in the Facilities Expansion Capital Fund and the total fund balance will not change.

4.                  Budget Transfer – Facilities Expansion Capital Fund, Department of Facilities Development and Management. Transfer budget from General Project No. 80010 ($400,000 – combined Downtown Tavares and South Tavares projects) to Project Nos. 80020 ($300,000 – Downtown Tavares Complex Master Project) and 80030 ($100,000 – South Tavares Complex). Funds will remain in the Facilities Expansion Capital Fund and are being distributed to project numbers for more accurate accounting. Project Nos. 80020 and 80030 were not available for use at the time that the funding was originally requested.

5.                  Resolution No. 2007-171, amending the General Fund, in order to receive unanticipated revenue for Fiscal Year 2007/2008, in the amount of $1,200, deposited into HOPE Grant; and provide appropriations for the disbursement for various operating expenses. The Lake County Board of County Commissioners has achieved the incentives to be used towards supporting additional Hispanic Obesity Prevention Education (HOPE) Program activities. The Lake County Community Health Worker Program has received $1,200 from the incentives programs. The funds will be used to support additional HOPE Program activities.

6.                  Request from the Sheriff’s Office for payment of Law Enforcement Trust Fund expenditures. The request exceeds the County Manager’s approval limit of $25,000. Total payment is for $149,700.21.

Community Services

            Request from Community Services for approval and execution of authorizing Resolution No. 2007-172, for the Issuance of Multi-Family Housing Revenue Bonds, by the Orange County Housing Finance Authority, for the Proposed Development “Southwinds Cove Apartments” in Lake County, in an amount not-to-exceed $10,450,000.

            Growth Management

            Request from Growth Management for approval of Satisfaction and Release of Fine for Property Owner George W. Moeller, Case No.  2005080134 - Commission District 5.

            Public Safety

            Request from Public Safety for approval and execution of the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement with the State of Florida, Division of Emergency Management.

            Request from Public Safety for approval and execution of the FY 08 State Homeland Security Grant Program (SHSGP) Issue 10 Agreement with the State of Florida, Division of Emergency Management; and approval for the continuance of the limited term part-time Office Associate II position.

            Public Works

            Request from Public Works for approval of Resolution No. 2007-173, authorizing the posting of speed limit signs on CR 25 (7804), from 100 feet north of Griffin Avenue to US 27 - Commission District 5.

            Request from Public Works for approval of Resolution No. 2007-174, authorizing the posting of a "Stop" sign with "All Way" plaque on Vista Del Lago Boulevard (0850) and "All Way" plaques on Lago Louisa Court (0850A) and Castillo Court (0850C), in the Vista Del Lago Subdivision, in the Clermont area - Commission District 2.

            Request from Public Works for approval of Resolution No. 2007-175, authorizing the reduction of the speed limit on a portion of Grassy Lake Road (1846) from 30 mph to 25 mph, and to reduce the speed limit on a portion of Washington Street (1643) from 30 mph to 25 mph, in the Minneola area - Commission District 2.

            COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the County Attorney’s Consent Agenda, as follows:

            Request for approval of utility easement to SECO at Paisley Fire Station No.13 for Motorola cell tower; and authorization for Chairman to execute easement document - Commission District 5.

            Request for approval to advertise Amendment to Affordable Housing Advisory Committee Ordinance

            Request for approval of Progress Energy Distribution Easement, regarding Umatilla Health Clinic; and authorization for Chairman to execute Distribution Easement document - Commission District 5.

            Request for approval to advertise Ordinance Amending Membership of Lake County Public Safety Coordinating Council.

            EMPLOYEE AWARDS

            The Chairman presented the following Employee Awards, with Ms. Susan Irby, Employee Services Department, commenting about each employee’s service to the County:

            Presentation of Award to Employees with Ten Years of Service

            Charles Kent, Area Maintenance Supervisor

            Public Works/Road Operations/Maintenance Area I

            Mary Cooper, GIS Director

            Growth Management/GIS

            Treeva Wall, Office Associate III

            Public Works/Road Operations

            Presentation of Award to Employees with Fifteen Years of Service

            Lori Conway, Funding and Production Director

            Public Works/Funding and Production

            Wendy Breeden, Library Services Director

            Community Services/Library Services

            Presentation of Award to Employee with Twenty Years of Service

            Kirsten Mabry, Probation Officer

            Community Services/Probation Services

            Employee of the Quarter

            Dottie Jackson, Emergency Management Specialist

            Public Safety/Emergency Management

            Supervisor of the Quarter

            Bobby Bonilla, Parks and Trails Director

            Public Works/Parks and Trails

            F.I.S.H. Award

            Aidan Holmes, Office Associate III

            Public Safety/Fire Rescue

            T.E.A.M. Award

            Information Outreach/Public Transportation/MPO Team on the LakeXpress Project:

            Kelly Lafollette; Chris Patton; Magdalena Contreras; Paul Long; Amy Bradford; Kathy

            Hartenstein; Michael Woods; Kenneth Harley; and Elizabeth Heine.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            COMMUNITY SERVICES

            FRIENDS OF THE HORTICULTURAL LEARNING CENTER BUDGET

            RESOLUTION

            Ms. Susan Gooch, President of the Friends of the Horticultural Learning Center, addressed the Board stating that it has been a five year process of raising the money needed to construct a classroom building with restroom facilities in the Discovery Gardens at the Agricultural Center, at which time she presented the Board with a check, in the amount of $123,414, that was raised by the community, to go toward the completion of said building.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of a transfer of funds, in the amount of $123,414, from the Friends of the Horticultural Learning Center to the Lake County Board of County Commissioners; and approval of related Budget Resolution No. 2007-177 – Commission District 3.

            PRESENTATIONS

            AGREEMENT WITH WE CARE OF LAKE COUNTY

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Agreement with We Care of Lake County for delivery of Coordinated, Comprehensive Primary and Specialty Healthcare for Medically Indigent Residents, at which time Dr. Shelley Glover, Gynecologist, and President of We Care of Lake County, as well as the Lake County Medical Society; Dr. Phillip Dascher, General Surgeon; Dr. Hal Jacobson, Founding Director of the Intercommunity Cancer Centers of Lake County; Dr. Gottfried Jean-Louis, Neurologist; Dr. Chad Watkins, Podiatrist, Florida Musculoskeletal Institute; Ms. Christine Thorpe, Marketing Department, Lake Medical Imaging; Ms. Andrea Payne, Executive Director, We Care of Lake County; and Ms. Angie Tesh, Administrative Assistant, We Care of Lake County, were introduced to the Board and presented with a check, in the amount of $75,000, to go towards the funding of We Care of Lake County.

            Mr. Fletcher Smith, Community Services Director, addressed the Board stating that the physicians involved with We Care of Lake County do not receive any kind of payment or remuneration for their services.  He stated that they get a little recognition every year, but are the ones that make We Care work, providing the services that are so desperately needed in the County, noting that health care is a growing issue, not only in Lake County, but nationwide and worldwide.  He stated that it is good to see people that are willing to give back to the community and that he appreciates all the hard work the physicians being honored this date do.  He stated that, hopefully, other physicians will see this presentation and want to join in and make a difference in the community, as well.

            Dr. Glover thanked the Board for its continued support of We Care of Lake County, noting that there are many, many other physicians who provide services to We Care, who were not able to be present at this meeting.  She stated that they are all very dedicated to serving the indigent patients that need their care in Lake County.

            NATIONAL HUNGER AND HOMELESS AWARENESS WEEK PROCLAMATION

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2007-178, proclaiming the week of November 11-17, 2007, as National Hunger and Homeless Awareness Week.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)

            COMMUNITY SERVICES

            Mr. Fletcher Smith, Community Services Director, explained the following requests:

            LAKE KATHRYN COMMUNITY DEVELOPMENT BLOCK GRANT AWARD

            This request is for approval of the final phase of the Lake Kathryn Paving Project, which the County has been working on for at least six to seven years.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval to award Lake Kathryn Community Development Block Grant, Phase VI, Paving Project No. 2007-02, Bid No. 07-0118, to Art Walker Construction, Inc.; and to encumber and expend funds, in the amount of $180,649.82, from the Community Development Block Grant - Commission District 5.

            FY 2007/08 CDBG PARTNERSHIP AGREEMENT WITH TOWN OF LADY LAKE

            This request is for the Community Development Block Grant (CDBG) Partnership Agreement with the Town of Lady Lake.  The Town is going to use the allocation that they received from entitlement dollars to resurface some roads in the April Hills Subdivision in Lady Lake.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval and authorization for the Chairman to sign the FY 2007/08 CDBG Partnership Agreement with 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 - Commission District 5.

            FY2007/08 CDBG PARTNERSHIP AGREEMENT WITH LAKE COUNTY HEALTH

            DEPARTMENT

            This request is for the CDBG Partnership Agreement with the Lake County Health Department, to support the Prescription Medication Program, which is a very successful program that the County has, in partnership with the Lake County Health Department.  It serves a lot of people in the community.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval and authorization for the Chairman to sign the FY 2007/08 CDBG Partnership Agreement with the Lake County Health Department, in an amount not to exceed $70,720.30, in FY 2007/08 CDBG funding, and $20,000.00 from FY 2007/08 County General Revenue Funds, to cover the cost of dispensing prescription medications to low income persons; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.

            FY2007/08 CDBG PARTNERSHIP AGREEMENT BETWEEN ALTOONA CHARTER

            SCHOOL, INC. AND LAKE COUNTY

            This request is for the CDBG Partnership Agreement between the Altoona Charter School, Inc. and the County, for doing some work on the roof of the school and for installing a fire sprinkler system.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval and authorization for the Chairman to sign the FY 2007/08 CDBG Partnership Agreement between the Altoona Charter School, Inc. and the County, in an amount not to exceed $100,000, allocating CDBG funds to repair the roof and install a fire sprinkler system; and to direct the Community Services Department to execute the Agreement and oversee completion of the project as covered in the Scope of Services - Commission District 5.

            JOINT USE LIBRARY IN CLERMONT INTERLOCAL AGREEMENT

            This request is for the Interlocal Agreement regarding the Joint Use Library in Clermont, which provides for the operation and maintenance of the facility.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval and signature authorization of “Interlocal Agreement Regarding Joint Use Library in Clermont, Florida”; and approval to transmit $1 million to the Lake-Sumter Community College Foundation, to help fund the joint use library project - Commission District 2.

            THEMATIC DESIGN WORK FOR CAGAN CROSSINGS COMMUNITY LIBRARY

            Ms. Wendy Breeden, Library Services Director, Community Services, addressed the Board stating that they had previously approved $200,000 in impact fees for thematic design and some computers for the Cagan Crossings Community Library and that staff was bringing back to them the thematic design (contained in the Board’s backup material) for the library.  She stated that they did not think they had enough funding for the maze; however, if the Board so approved, the bids for furniture and some other things came in lower than anticipated and there is now funding for it, or for a few additional embellishments to the thematic design that had been cut from the project, because staff did not think they had enough money for it originally.

            Commr. Renick stated that she was glad to see that the $55,000 maze was cut from the project and that, if staff were to find that money somewhere else, she would rather see it spent on things other than the maze.

            Ms. Breeden stated that there is an extra $25,000 in impact fees for the design and requested approval to put some of the other embellishments back into the project, other than the maze.

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval to proceed with thematic design work for the Cagan Crossings Community Library, as designed and quoted by Creative Arts Unlimited, Inc., except for the Youth Room maze, but that some other embellishments that were cut from the project, alluded to by Ms. Breeden, be allowed to be put back into the project - Commission District 2.

            LAKE COUNTY ACTIVE MILITARY COMBAT DUTY GRANT/

            REIMBURSEMENT PROGRAM

            This request pertains to a recent request by Commr. Stewart that staff obtain some information about a Grant/Reimbursement Program for veterans who have served in combat zones, to help them with their ad valorem taxes.  The Grant/Reimbursement Program would be retroactive until January of 2002.  If approved, staff will come back to the Board with a revised general assistance program policy, which will outline the requirements of the program.  Procedurally, the Veterans Services Office will manage the program and qualify the veterans, as they come in, making sure they have the proper documentation and assist them in obtaining same.  From that point, Community Services will prepare the check request for the Finance Office and veterans would be reimbursed.  It was requested that the policy, as well as the concept, be approved.

            On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of the Lake County Active Military Combat Duty Grant/Reimbursement Program, as presented.

            COUNTY MANAGER

            LAKE COUNTY EDUCATIONAL CONCURRENCY REVIEW COMMITTEE

            Mr. Gregg Welstead, Deputy County Manager, addressed the Board stating that the Interlocal Agreement with the Municipalities and the School Board was signed, establishing the Educational Concurrency Review Committee, which is made up of 16 individuals – one from each of the municipalities, one from the School Board, and one from the Board of County Commissioners.  He stated that the Board’s option would be for one of the Commissioners to sit on the Committee, or to appoint a citizen to do so.  He stated that the first meeting is scheduled for December 6, 2007, with the purpose being to review the progress that has been made and come up with a plan for the future.

            Commr. Stewart volunteered to sit on the Committee, on behalf of the Board.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from the County Manager for appointment of a representative to the Lake County Educational Concurrency Review Committee, appointing Commr. Stewart to that position.

            PROCUREMENT

            CONTRACT FOR CONSULTING FIRMS TO CONDUCT BUILDING

            COMMISSIONING SERVICES FOR JUDICIAL CENTER EXPANSION

            Mr. Jim Bannon, Facilities Development and Management Director, addressed the Board stating that this request pertained to the building commissioning for the downtown campus, noting that staff received an RFQ for same for the downtown campus and seven (7) proposals were received, with Hanson Professional Services, Inc. being chosen by the selection committee.  Following negotiations with them, staff is seeking approval to award them the contract, in the amount of $957,210, plus contingency and expenses, in the amount of $72,700.  An explanation of what commissioning is all about was contained in the Board’s backup material, for their perusal.

            Commr. Renick questioned the language contained in Items J, K, and L, on Page 8 of 8 of Attachment A (Scope of Services) for Hanson Professional Services, with regard to rainwater harvesting systems, heat recovery systems, and renewable energy systems, as they pertain to LEED certification, noting that she did not understand how the County could exclude them, if they are necessary for LEED certification.

            Mr. Bannon requested time to review said language and come back to the Board with an answer regarding same later in the meeting.

            COUNTY WAREHOUSE PROJECT CONTRACT TO MARK COOK BUILDERS

            Mr. Jim Bannon, Facilities Development and Management Director, informed the Board that this request pertained to the warehouse that the County currently uses for storage, which also houses some offices for the Facilities Development and Management Department.  He stated that there is vacant space within the building and the Sheriff has a need for additional storage space, so design and construction documents were produced for interior additions and renovations to the warehouse, and the project was put out to bid.  He stated that, following review by staff, it was recommended that the contract for this project be awarded to the lowest bidder, Mark Cook Builders, Inc., in the amount of $309,711, plus $33,108 for contingency and allowances.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Procurement for approval of a recommendation to award a contract to Mark Cook Builders, Inc., in the amount of $309,711.00 - $21,947 for Allowances and $11,161 for Owner's Contingency, to be expended, as deemed necessary by the Director of Capital Construction and Facilities, for the project involving the County’s storage warehouse - Commission District 1.

            “PIGGYBACKING” OF CONTRACT FOR PURCHASE OF VARIOUS VEHICLES

            Mr. Barnett Schwartzman, Procurement Director, addressed the Board stating that they approved a FY 2007/08 budget amount of $850,000, for various new vehicles.  He stated that his office has been advised that the Sheriff has budgeted for 40 new vehicles and that the County tends to order against state contracts for same, because state contracts are based upon fairly massive estimated quantities and the price reflects that.  He stated that the contracts tend to involve a lot of local vendors, so staff feels the County can get a better price from state contracts than it can get from doing its own bids, based on quantities, thus, the reason they are recommending that the County order against the State contracts and are requesting approval to do so.  He noted that approximately a year ago the County standardized Ford products, eliminating the need to stock multiple items and the need to support multiple manufacturers’ equipment, and that Ford was selected, based upon price comparisons from the State contracts.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Procurement to “piggyback" the contract for the purchase of various vehicles and trucks, per the summary contained in their backup material; and authorized the Procurement Director to execute the award.

            CONTRACT FOR CONSULTING FIRMS TO CONDUCT BUILDING

            COMMISSIONING SERVICES FOR JUDICIAL CENTER EXPANSION (CONT’D.)

            Mr. Jim Bannon, Facilities Development and Management Director, readdressed the Board, stating that, after reviewing the language contained in Items J, K, and L, on Page 8 of 8 of the Hanson Professional Services Scope of Services document, in answer to Commr. Renick’s question regarding same, the Board decided not to go for LEED certification on the downtown campus project and that is why said items are no longer part of the Scope of Services.

            Discussion occurred regarding the matter, at which time Mr. Bannon noted that the LEED certification could be put back into the Scope of Services, should the Board decide to do so; however, he would have to take the matter back to Hanson Professional Services, because it would be additional services.  He stated that the Board could approve the project, as presented this date, and he could negotiate with Hanson Professional Services and come back to the Board at a later date with an additional number, if the Board wanted to add the LEED certification back into the Scope of Services.

            Commr. Stewart stated that she felt it was important that the Board seriously consider doing so, noting that, although said systems are more expensive in the beginning, they are going to save the County money and energy in the long run.

            Commr. Renick indicated that she had no problem going forward with the contract, but would like to have more information on the matter, because she was not that knowledgeable about it.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Procurement to award the contract for RSQ No.06-104, Consulting Firms to Conduct Building Commissioning Services for Lake County Judicial Center Expansion Facility to Hanson Professional Services, Inc., in an amount not to exceed $957,210, plus $22,700 for Reimbursable Expenses and $50,000 for Owner's Contingency, as deemed necessary by the Facilities Development and Management Director; and to approve a Budget Change Request, in the amount of $29,910, regarding same.

            PUBLIC WORKS

            BIG PRAIRIE WATERSHED MANAGEMENT ACTION PLAN

            Mr. Fred Schneider, Director of Engineering, Public Works, addressed the Board stating that this was a request for approval to be a cooperative partner with the Southwest Florida Water Management District (SWFWMD) for the Big Prairie Watershed Management Action Plan.  He stated that the Big Prairie Watershed comprises approximately 100 plus square miles and is located between Sumter and Lake Counties.  He stated that the program was brought to the County’s attention approximately two years ago, in a conversation with SWFWMD, and it has taken two years to work out a cooperative plan to look at flooding and water quality issues in the Withlacoochee River Basin.  He stated that water quality issues transcend county lines and flooding has been an issue, so SWFWMD asked that the County cooperate with them to do the whole watershed, which is what this request is about.

            It was noted that Sumter County’s share in the project is approximately $500,000.

            Commr. Renick stated that she is scheduled to meet with the SJRWMD and would like to have this request postponed for two weeks, to allow her the opportunity to meet with them and discuss the matter.

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved to postpone this request until the Board Meeting scheduled for November 20, 2007.

            RECESS AND REASSEMBLY

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

            PRESENTATIONS (CONT’D.)

            PRESENTATION ON WATER UTILITY OPERATIONS BY FGUA (FLORIDA

            GOVERNMENTAL UTILITY AUTHORITY)

            Commr. Cadwell stated that the County’s recent acquisition of the South Umatilla Water system suggests a possible need for the County to explore management alternatives for operation of the system and the Florida Governmental Utility Authority (FGUA) offers one such alternative, so he asked them to give the Board a presentation.

            Mr. Bob Nabors, Nabors, Giblin & Nickerson, presented the Board with an overview of the Governmental Utility Authority (GUA) concept, which is to be used as a home rule mechanism for dealing with short term and long term problems concerning growth management, particularly water supply and preservation of water resources.  The GUA concept was developed in 1999 and is an offshoot of other things that were done statutorily.  It is a mechanism that was created, whereby counties, cities, and special districts can unilaterally come together and, by interlocal agreement, create a separate unit of government to deal with any major infrastructure, but is particularly designed for water supply and utility issues.  It can be created as a separate entity and issue its own debt, payable from revenues, and it is off the government’s books – it is a separate governmental utility.  It was created as a vehicle to acquire private utilities and place them into public ownership, without a financial commitment by the local government.  Some counties have joined it for the purpose of trying to use the expertise of the GUA to deal with particular utility problems that they were facing in their jurisdictions.  It is also a vehicle for regional consolidation of public utility systems; it serves portions of Collier, Lee, and Polk counties; and currently has 16,500 water customers and 12,700 wastewater customers.

            Mr. Randy Morris, RM Strategies, addressed the Board and discussed how FGUA can be used for growth management, noting that, when the County gets into growth management issues, it has to look at it like it is a tool box.  He stated that, if the County is going to try to manage or control growth, or seek certain types of quality growth within the tool box, it has all sorts of tools to pull, to craft the vision that it may have, and most of those tools are found within the Comprehensive Plan, if drafted and implemented properly.  He stated that one of the tools that is the most critical that in some jurisdictions is not used effectively, or not used as often as it might, or cannot be used, is the issue of utilities and growth management, at which time he reviewed the following statistics, contained in a power point presentation that was presented to the Board:

·                    There is a direct connection between growth management and utility infrastructure.

·                    2005 Growth Management Reform requires:

                  -           A planned approach for water resource management for local governments and private suppliers

                  -           Regional approach for water resources and allocation

                  -           Direct coordination with St. Johns Water Management District

                  -           Local governments proactively plan for water supply

                  -           Water supply planning and growth management are coordinated to prevent environmental degradation

·                    County’s current policy leaves utilities and water supply to others (cities and private utilities)

·                    This approach results in aggressive annexation by the cities and fosters urban sprawl

·                    Annexation leads to:

                  -           Counties lose control of annexed land’s zoning

                  -           Compatibility issues with existing or future unincorporated land uses

                  -           Potential loss of revenues

                  -           Developed or planned county infrastructure such roads, environmental services and stormwater facilities may be compromised

                  -           Location of emergency services, administrative services, parks and libraries may become unsound

·              There may be a lack of coordinated water supply and service planning in the unincorporated area

·              There appears to be a proliferation of private wells and septic tanks, which have longer term environmental impacts

·              Any jurisdiction not participating in utility infrastructure decisions are delegating key growth management and cooperative planning to other          jurisdictions and private companies

            Mr. Robert Sheets, President, Government Services Group, addressed the Board and discussed the structure of the FGUA, noting that it is governed by a Board of Directors, with representatives from local government members; Board members meet monthly, to represent member systems and make policy decisions; each Board member is appointed by their local government and is a member of the City/County staff; each system is operated as a separate enterprise fund with its own budget, rates, etc.; Government Services Group serves as the Systems Manager; and Severn-Trent is the contract operator.  He discussed the advantages of FGUA, being that it is a public utility that the County can join, or unjoin, if down the road, the County believes it is not in its best interest to be a member of it; no financial investment or liability is required of the County; it is managed by a private utility management and finance team under the Sunshine Law; it is government, as government is intended to be; it has a private utility operator; and necessary expertise and resources are available.  He stated that the short term benefit of FGUA to the County is (1) FGUA can assist the County in resolving issues related to “challenged” private utility systems, such as South Umatilla Water; and (2) FGUA would work with the County to examine the system, to determine the source of the problems, and it will prepare a plan to stabilize and maintain the system, on behalf of the customers.  He stated that the long term benefit would be that FGUA can work with the County to plan and manage water supply and utility service issues. He discussed what the next steps would be for the County, noting that FGUA believes it should be viewed as an option to address the specific issue of South Umatilla Water, and the County should consider partnering with FGUA, to address water supply and service needs for the unincorporated area of the County.

            Commr. Cadwell stated that one of the things that made him think of FGUA and the fact that the Board should at least talk to them is the annexation question with the City of Umatilla, noting that there may be some problems with the County’s and the City’s policies, with regard to annexation, and he felt the Board needed some other options.  He stated that he did not expect the Board to make a decision this date, but that, if they were interested, he felt they should direct staff to talk to FGUA and see if it would make sense for the County to use them.  He noted that they are pretty much stuck with the property owners playing the County against the City.

            Commr. Hill stated that it sounds too good to be true, therefore, would like to have staff look at it, to make sure that the County would not be liable in any form and what the downside would be to be a partner with them.

            Mr. Sheets interjected that the interlocal agreement the County would prepare outlines all the responsibilities, however, noted that it would be totally independent of the County’s financial liability and its bonding capacity.  He stated that it would not even be a footnote in the County’s annual CAFR (Comprehensive Annual Financial Report).

            Mr. Nabors informed the Board that, from the beginning of time, counties and cities had the ability to create a separate entity, by an interlocal agreement, but, in 1999, legislation was written that changed that, to allow the separate entities, particularly in the utility area, to issue its own debt.  He stated that, as a home rule mechanism, the law allows the entity that is created, if the charter so provides, to issue its own debt and to do acquisitions and improvements to utilities, like the Umatilla system – it could actually borrow money to make improvements and it would all be financed by the revenues and the utility customers.  He stated that, with regard to acquisitions, the way that FGUA is structured, when the authority issues its debt, the bond holders are told that the host government has the option of assuming that debt, if it wants to, which means that the County does not have to reissue the debt and incur those costs, plus the interest rates might be higher.  He stated that some counties “warehouse” the utility, where they have FGUA acquire a utility and not take ownership until certain improvements are made, the rates stabilize, and an interconnection is done to their system and then they exercise their option to assume the debt, by taking it over.  He stated that it is a tremendous advantage and no one from the County has to go to Tallahassee – they can sit down with other governments and craft something that is uniquely designed to meet the County’s situation.  He stated that something that is done with the current FGUA is that all capital improvements have to be approved by the host government and some governments have reserved the right to approve rates that are adopted, while others have opted not to do that.

            It was noted that, if FGUA was running the Umatilla water plant, it could not expand into another area, without the approval of the local government.

            Mr. Nabors stated that it is a privatization tool to deal with utilities in a more focused and professional way; it is extremely flexible, to meet particular needs; and it is an obvious solution to the Umatilla situation, however, noted that, whether it has an application beyond that, they would need to sit down with staff and discuss how it might be used in a broader sense.

            Commr. Renick stated that she was hearing this for the first time and needed some time for it to sink in, but was not opposed to having staff look into the matter.

            PUBLIC HEARINGS

            PROPOSED ORANGE COUNTY LAND USE CHANGE ADJACENT TO AIRSTRIP

            EXTENSION APPROVED BY ORDINANCE NO. 2004-85

            Mr. Brian Sheahan, Director of Planning and Community Design, Growth Management Department, addressed the Board regarding a request for approval of an Orange County Future Land Use change from Rural/Agricultural to “Planned Development – Rural Aviation Village” in the Zellwood area, adjacent to an airstrip extension that was brought forth, because of a provision in Ordinance No. 2004-85, which was previously approved by the Lake County Board of County Commissioners, granting a CFD (Community Facility District) zoning - the Ordinance requires that the Board must specifically authorize any other proposed use.  Should Orange County land use approvals be changed, this Ordinance will become null and void, unless those changes are approved by the Lake County Board of County Commissioners.  The owner of the property has applied for a change in Orange County land use, from one dwelling unit per ten acres to one dwelling unit per acre.  The change would also include approximately 90,000 square feet of industrial, retail, and office development, as well as a175 hanger expansion to the airport.  It was noted that a large majority of the airport exists on the Orange County side of the property.  There are 6 acres on the Lake County side and 120 acres on the Orange County side.

            The Chairman opened the public hearing.

            Mr. Geoff McNeill, Vice President of MSCW, Inc., addressed the Board representing the owner of the property in question, at which time he presented a brief power point presentation, giving a background history of the request.  He stated that the real discussion is about job creation and economic development, with the focus being on the airport activity, which is that airports are critical components of the transportation network in Florida – there is a tremendous need for it in Florida, especially in this region of the State, and it creates business growth and jobs creation, noting that studies have shown the average wage for said positions is 40% higher than normal.  He stated that the airport is an existing use on the Orange County portion of the property and the owner of the property is not asking the Board to change anything on the Lake County portion of it – the land use, the rezoning, or the conditions that currently exist in Ordinance No. 2004-85.  He stated that the airport could generate over $8 million annually to the local economy and it is consistent with the intent of the South Apopka Enterprise Zone.  He stated that a number of jobs have been lost in the local economy and this request creates an opportunity to bring jobs back in, and it would enhance the socio-economic well being of the affected neighborhoods.  He stated that there are three components that apply to this request, being: (1) jobs creation and economic development; (2) the Wekiva River Protection Area that is in Orange County; and (3) the Lake Apopka area, in terms of issues dealing with water, which he elaborated on, noting that they will be working with the City of Apopka, with regard to serving the site with sewer and water, so that it is consistent with the Wekiva River Protection Act.  He stated that they will utilize stormwater best management practices, they have worked extensively with the Southwest Florida Water Management District regarding the request, and the design for the proposed development was approached from conservation subdivision design principles.  He stated that, with regard to utilities, a well currently exist on the property, which provides 1.8 billion gallons of water and they are currently working with experts in that field regarding how to balance the proposed development with the needs of the area.  He stated that potable water and sanitary sewer lines are being extended by the developer to the site, in cooperation with the City of Apopka, so they meet the higher standard of water quality, as opposed to going with massive amounts of septic tanks and wells.

            It was noted that there is no commitment from the City of Apopka to the developer, regarding the City providing the site with potable water and sanitary sewer lines at the present time, although the developer is working with them on an agreement - it just has not been finalized.

            Commr. Cadwell questioned whether Orange County’s rules would allow the developer to move forward with the development without that commitment and was informed that, in their policies, to be consistent with the Orange County Comprehensive Plan, the developer would need that commitment.

            Mr. McNeill continued to discuss the request, noting that they would be reducing the farm runoff, because they will be installing stormwater management systems for the project and development will meet, or exceed, current St. Johns River Water Management District stormwater rules, including Lake Apopka Basin rules, where they will be doing a reduction in phosphates in the area, so the stormwater management areas are going to be larger on the site.  He stated that the design of the development will provide 50% overall open space; conservation easements, for the protection of a contiguous open space; and clustered mixed use single family housing, to create a compact center focused village, with a rural setting, to maximize the economic development opportunities associated with the airport.  He stated that they will create airport related uses, with the overall density of one dwelling unit per acre, but the Lake County side of the property will be one unit per five acres, and the airport approaches will respect the Lake Apopka restoration.  He stated that there will be some fly-in residential, but not all of it will be; there will be a mix of clustered housing, for jobs at the airport; and they are conscious of the opportunity the proposed development brings to create an internal capture, which is very unusual in a rural setting.  He stated that they are proposing connections to the trail system that is being planned around Lake Apopka, so that the residents can benefit from that larger recreational system, noting that the developer is conscious of all those elements and integrating them into a complete plan.  He noted that a rail line currently exists in the area and should it ever be available for commuter rail purposes, or other transit opportunities, they will recognize it and create the opportunity and a policy to support it.  He stated that the developer brings significant benefits, in terms of the way that the goals, policies, and objectives are being approached and the character and nature of the development will be done through a PD (Planned Development) zoning in Orange County, so there will be much greater scrutiny than with just a straight zoning.

            Ms. Wanda Spradlin, a resident of the area in question, addressed the Board stating that, when this request originally came before them in December of 2001, several amendments and approvals were made that day, being: (1) there would be no landing or departures made from the airport after dark, which she noted has never stopped; (2) there would be no jets landing at the airport, which has occurred; (3) there would be no flight training, which is currently occurring; and (4) there would be no parachuting, helicopters, or hang gliding at the airport, but all of that has occurred.  She discussed concerns she has with the traffic situation, which has escalated, as well.  She stated that she and several of the other residents contacted the County about their concerns, but has not received any response.  She stated that most of the residents are retired and purchased their properties to live in a peaceful community, but it is anything but that and is going to get worse.

            Ms. Barbara Kemp, a resident of the area, addressed the Board stating that the airport has not adhered to half of the things they originally agreed to.  She stated that the residents have rights and would like to have a good quality of life – what they thought they were going to have, but are not going to, if this request is approved.  She addressed a concern about the planes flying into and out of the airport crashing into their homes, as well.  She questioned what the residents were to expect from them in the future, if they have not adhered to the things they originally agreed to.

            Ms. Juanita Prescott, a resident of the area, addressed the Board and thanked them for requiring that this request come before them for approval, before the airport can proceed with their plan, stating that the residents were not notified of the request.  She stated that it has been in the works for seven years and Lake County has not always been given the full picture of what is going on, at which time she displayed and submitted, for the record, various articles that she had clipped from the newspaper, as well as photographs of a small aircraft that flew so low to the ground that the numbers on the side of the plane could be plainly read; photographs showing a “Learn to Fly” sign, which indicates that the airport is giving flying lessons, a violation of the conditions that were set when this request originally came before the Board for approval; and an increase in the number of hangers that currently exist at the airport.  She stated that, for all the reasons presented this date, Lake County could deny the request and let the developer build in Orange County.  She noted that the planes were never supposed to fly directly over the homes in her community, they were supposed to fly east toward Lake Apopka.

            Mr. Doug Doyle, a long time Lake County resident, addressed the Board and discussed some concerns he had about the request, dealing with traffic issues and the planes flying low over the homes in the area, rather than over Lake Apopka, as required, and asked that the request be denied.

            Commr. Cadwell stated that, when this request originally came before the Board, conditions were put on it that were important to the Board and they were assured that the things that were brought to their attention this date were not going to happen.  He stated that it was portrayed to the Board that it would be a private airport that a few people would own and use and it would not impact the community that much – in fact, it would get the crop dusters out of the community.  He stated that, although the Board was not excited about the prospect at the time, they felt that, if the owners of the airport would do what they said they were going to do, the Board could live with it, but that is not what has happened.

            Mr. McNeil readdressed the Board stating that he was not involved with the original request and could only speak from the current perspective, which is that the airport exists in Orange County, but does not exist in Lake County.  He stated that, with regard to the commitments that were made to Lake County, there is no runway on the Lake County portion of the property for those conditions to apply.  He stated that they are dealing with an Orange County operation that exists today and is going to continue to exist and the application they have before the Orange County Board of County Commissioners is to allow it to continue to operate as a private general aviation airport and create a community that works, creating an economic opportunity within the enterprise zone in Orange County.  He stated that they understand and can appreciate the concerns the residents have, but, in the bigger picture of what is going to happen over time, this request is an extraordinary solution, in terms of the limitations under the policies to creating a more conservation approach to the character and nature of what the development is going to be, noting that the idea is not to create just a bedroom community, but an economic center of activity.  He stated that, with regard to concerns about the roadway and increased traffic, they have done a roadway analysis and looked at the impacts and what would need to be done in the future with the road network and some improvements will be done at the appropriate time within the process, however, noted that Orange County has already been doing drainage improvements along the roadway.  He stated that the activities mentioned this date are going on at the airport and it is operating under what it can operate under, as an FAA (Federal Aviation Authority) approved facility.  He agreed that there are still some agricultural activities going on in the area, so there are going to be some low flying planes serving those agricultural activities; however, the numbers tell them that flying an airplane is a lot safer than driving a car.  He stated that all the components of this request are positive, for all the reasons he stated, and that he feels it is worth the Board’s serious consideration.

            Vice Mayor Allen Sherrod, City of Groveland, addressed the Board stating that he was an aviator and is a big proponent of aviation and that, with regard to planes flying low, the Board does not have to enforce it, the FAA will, noting that, if someone is not complying with the federal rules of aviation, their license will be pulled.  He stated that, if a plane is flying low enough that the tail numbers can be read, it is flying low enough for a report to be filed on it.  He stated that he would like to see this request move forward.

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

            It was noted that the extension to the airport has not yet been built and that no changes were being proposed to Ordinance No. 2004-85, including the amount of hangers allowed at the airport.

            Mr. Sandy Minkoff, County Attorney, interjected that there was no limitation in the Ordinance, as to the amount of hangers allowed at the airport.  He stated that the Ordinance only reflects activities that would take place over Lake County.

            Mr. Sheahan stated that the only action the Board needed to take this date was to approve the change on the Orange County side of the property.

            Mr. Minkoff stated that, when the presentation was originally made to the Board, it was made that the airport would be a very small, low impact airport, so the Board put rules in the Ordinance that reflected there would be no nighttime use, no jets landing, no flight training, etc., but the Board was concerned that the land uses would change in Orange County that would impact the use, so creative language was put in the Ordinance that, if, in Orange County, the land use approvals were changed, the Lake County Board of County Commissioners would take away their approval, which would be not only for paving, but also for showing any portion of the property as part of their airport plan – their DOT license.  He stated that, if the Board revoked its approval, they would no longer have zoning approval to use any land in Lake County for airport purposes.  He stated that what now has occurred is that they have made a presentation and application in Orange County to change their land use and Lake County made them aware of this issue in the County’s code, so they are now coming in and asking for approval of what they are doing in Orange County, which is Ordinance required.  He stated that, if they fail to do that, the Lake County Board of County Commissioners will likely be bringing back a request to take away approval to use any part of the Lake County property for an airport.

            Commr. Stewart stated that, obviously, in 2004, when the Board approved the CFD zoning, they were made some promises that have not been kept and, in June of this year, the Orange County Planning Department made a finding on this proposal of inconsistencies with their Comprehensive Policy Plan and recommended denial of the plan, because it was incompatible with existing development, or the trends in the area, because the surrounding land is either rural, agricultural, or conservation, and there are little or no public facilities or services available.  She stated that Orange County will not provide the site with water and sewer, however, noted that the City of Apopka may, but has not committed to it.  She stated that the closest fire station to the proposed development is further away than the preferred 2.5 miles; the site is located in the Wekiva Study Area, which means that it is within the Wekiva Springs shed, which discourages the use of septic tanks; the Wekiva River and Rock Springs Run already have nitrate concentrations higher than those in 95% of other Florida streams and, since this is in the springs shed, the use of septic tanks will affect Rock Springs and the Wekiva River; Orange County has stated that there is a potential for recognized environmental hazards; the current schools are over capacity and the one that is not is actually over capacity with the reserved capacities already made by other developments; and when they held their public hearings in Orange County, every Lake County resident who was at those hearings voiced their opinions against it.  She stated that, while there were a lot of other negatives that the Board should consider, she would hope they would request staff to schedule a rehearing for Ordinance No. 2004-85, based on said facts.

            Commr. Renick stated that the Orange County Board of County Commissioners approved the request and this Board was not going to be able to control what the owner of the property ultimately does with it, but they could do their part not to help it.

            Mr. Minkoff stated that he did not think the Orange County Board of County Commissioners had approved the request yet, so Lake County would have to wait for that adoption to occur, however, noted that, if this Board were to deny the Orange County land use and they went forward with the project, staff would bring a request back to the Board to revoke Ordinance No. 2004-85, removing the CFD (Community Facility District) zoning, and rezone the property back to A (Agriculture).

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board denied a request to approve an Orange County Land Use Change adjacent to an airstrip extension approved by Ordinance No. 2004-85, granting a CFD (Community Facility District) zoning.

            RECESS AND REASSEMBLY

            At 11:50 a.m., the Chairman announced that the Board would recess for 10 minutes.

            PUBLIC HEARINGS (CONT’D.)

            NATIONAL HUNGER AND HOMELESS AWARENESS WEEK PROCLAMATION

            (CONT’D.)

            Ms. Barbara Wheeler, Executive Director of the Mid-Florida Homeless Coalition, addressed the Board, stating that she and Mr. Tim Bridges and Mr. B. E. Thompson, from the Lake Community Action Agency, would like to thank the Board for the Proclamation that was approved earlier in the meeting and for their continued support.  She noted that they are having a “Socks of Love” drive, where people are being asked to donate food and hygiene items, which will be distributed to several of the agencies throughout the community, as well as be used to help those people that are in shelters and living on the streets.

            Commr. Stewart asked Mr. Bridges to speak on the matter of Weatherization Day, which she noted the Lake Community Action Agency partners with Lake County Housing to do.

            Mr. Bridges stated that October 30th is designated as National Weatherization Day and all the organizations throughout the Country that have housing programs recognize that day and go out into various areas and demonstrate what the program actually involves.  He stated that Commr. Stewart, along with some representatives from the Department of Community Affairs, in a joint partnership with Lake County Housing, is going to completely renovate a house in the Groveland area, at a cost of approximately $60,000.  He stated that, through the partnership efforts with the County, they have been able to leverage over $100,000 this year alone and last year they expended approximately $400,000 assisting 48 families in Lake County with various housing needs.  He stated that they go into houses and reduce air measures, by caulking, sealing, replacing windows and doors, and doing minor floor and structural repairs and, through their partnership with Lake County Housing, they are able to expand on those efforts and do other measures, such as address health and safety, plumbing, and electrical issues.

            Commr. Stewart stated that the Lake Community Action Agency is a wonderful organization that not only gets involved in projects like this one, but also works with educating the County’s low income children, so that they will be prepared for school, and they do a wonderful job of making families in the County self-sufficient.

            FINAL ADOPTION OF COMPREHENSIVE PLAN FUTURE LAND USE

            AMENDMENT FOR CENTER LAKE PROPERTIES, LTD.

            Mr. Brian Sheahan, Director of Planning and Community Design, Growth Management Department, addressed the Board stating that this request was for approval of the final adoption of the Comprehensive Plan Future Land Use Map and Text Amendments necessary to execute the Stipulated Settlement approved by the Board.  He stated that the subject property is located west of Minneola and north of SR 50 in Clermont.

            It was noted that the applicant will be required to meet school concurrency, which will occur at the time that an application is made for development.

            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.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried, by a 3-1 vote, the Board approved the Final Adoption of Comprehensive Plan Future Land Use Amendment No. 03-1, Ordinance 2003-69, dated July 23, 2003, Center Lake Properties Ltd., Harold Ward III - Commission District 3, as presented.

            Commr. Renick voted “No”.

            ILLICIT DISCHARGE ORDINANCE

            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, CREATING   SECTION 9.06.09, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) STORMWATER ILLICIT DISCHARGE REGULATIONS, PROVIDING FOR THE REGULATION OF NON-STORMWATER DISCHARGE INTO THE STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES; REQUIRING USE OF BEST MANAGEMENT PRACTICES; PROVIDING FOR NOTIFICATION OF DISCHARGE; PROVIDING FOR ENFORCEMENT;  PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

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.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Illicit Discharge Ordinance No. 2007-50, implementing a stormwater discharge management program, as presented.

OTHER BUSINESS

            APPOINTMENT TO LAKE-SUMTER MPO TECHNICAL ADVISORY COMMITTEE

            On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request to appoint Ms. Amye King, Deputy Director, Department of Growth Management, to serve as the "Second Alternate" representative on the Lake-Sumter Metropolitan Planning Organization’s (MPO) Technical Advisory Committee.

            APPOINTMENT OF NON-VOTING LIAISON BETWEEN COMPREHENSIVE

            HEALTH CARE COMMITTEE AND LAKE COUNTY HEALTH DEPARTMENT

            On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board appointed Ms. Donna Gregory to serve as the Lake County Health Department Non-Voting Liaison between the Comprehensive Health Care Committee and the Lake County Health Department. This will be a permanent appointment, but it will not be considered a member of the Committee.

            TRANSPORTATION ALTERNATIVE FUNDING TASK FORCE

            Commr. Renick stated that she had brought this matter up at the Metropolitan Planning Organization (MPO) Meeting, but could not do anything about it at that time, and, rather than rehashing the whole impact fee debate, she would like to keep the first two and the last two paragraphs that start with “Whereas” in the Resolution, but delete the other four.  She stated that she was also concerned about the way the Resolution reads, in that it states the Task Force shall have seven (7) members and shall include two members from the Lake County Industrial Development Authority (IDA), which she thought would be appointed, noting that, if they were going to try to create a new committee and have fresh eyes look at this issue, she did not feel it would be two members that were already serving on the IDA, but that they were going to recommend two people that had expertise in the area of transportation funding.

            Commr. Cadwell stated that the Board could hold off on that appointment, should they choose to do so, and ask the IDA to look at another alternative.

            Mr. Sandy Minkoff, County Attorney, stated that the Board might want to consider changing the language pertaining to the members, to give the Board more flexibility.

            A brief discussion occurred, at which time Commr. Renick clarified that the language on Page 2, under Section 3. Membership, Paragraph (a), shall read, “The Task Force shall have seven (7) members and shall include two (2) members recommended by the Lake County Industrial Development Authority…”, rather than “two members from the Lake County Industrial Development Authority…”.  She stated that the Board will make it clear to the IDA that they were not looking for their members to be on the Task Force, but were hoping that they would find somebody with expertise in the area of transportation funding to serve on the Task Force.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved to leave the first two and the last two paragraphs that start with “Whereas” in the Resolution and delete the other four and to change the wording in the Resolution regarding the membership to “shall include two (2) members recommended by the Lake County Industrial Development Authority…”, rather than “two (2) members from the Lake County Industrial Development Authority…”.

            After further discussion regarding the matter, it was the consensus of the Board to postpone this request until the Board Meeting of November 20, 2007.

            Mr. T. J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (LSMPO), addressed the Board and questioned, if the IDA indicates they want to stay with the two names they originally chose, whether it would be alright with the Board.

            Commr. Cadwell responded that the Board would address the matter, when the IDA submits the two names they have chosen.

            REPORTS – COUNTY ATTORNEY

            Mr. Sandy Minkoff, County Attorney, presented the following requests:

            LEASE AGREEMENT BETWEEN LAKE COUNTY AND JTM PROPERTIES, LLC

            Mr. Minkoff informed the Board that this was a request for approval of a lease agreement with JTM Properties, LLC, for some warehouse space on Old Hwy. 441, to be used primarily for Fire and Emergency Services, for staging for the radio system.

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Lease Agreement Between Lake County and JTM Properties, LLC, for Public Safety Department Space; approval of an Amendment to the Contract with Motorola, for the Countywide Radio System; approval of the related Budget Transfer, in the amount of $15,000; and approval of a Termination Letter for Lake Warehouse and Storage - Commission District 3.

            TRANSPORTATION CONCURRENCY INTERLOCAL AGREEMENT BETWEEN

            LAKE-SUMTER MPO, LAKE COUNTY, SUMTER COUNTY, WILDWOOD AND

            THE MUNICIPALITIES

            Mr. Minkoff stated that this request pertained to the agreement that the MPO developed that all the municipalities, as well as Sumter County, are signing and joining.  He noted that Mr. Fred Schneider, Director of Engineering, Public Works, was the one that was involved with creating and setting up the system.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of the Transportation Concurrency Interlocal Agreement between Lake-Sumter MPO, Lake County, Sumter County, the City of Wildwood, and the Municipalities; and approval of the related Budget Transfer Request and authorization to expend the funds.

            PURCHASE OF RIGHT OF WAY FOR CR 466 AND OTHER PROJECTS

            Mr. Minkoff explained that this request was an outgrowth of the workshop the Board had with the Public Works Department.  He stated that they met with the Public Works staff and would like to propose that the Board authorize the County Manager, with the County Attorney’s approval, to acquire right of way purchases for CR 466, as well as other right of way projects, up to $25,000; and that, for a purchase greater than $25,000, but less than $250,000, the County will pay no more than 25% of the appraised value.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved for the County Manager, with the consent of the County Attorney, to be authorized to accept offers for right of way purchases for CR 466 and other right of way projects, up to $25,000; and that, for purchases greater than $25,000, but less than $250,000, the County will pay no more than 25% of the appraised value, as presented by the County Attorney.

            RESOLUTION INITIATING INTERLOCAL SERVICE BOUNDARY AGREEMENT

            ACT WITH CITY OF GROVELAND

            Commr. Renick stated that she was the one that asked that the Board consider the Interlocal Service Boundary Agreements, but that she wanted the Board to obtain more information and then hold a workshop and discuss whether or not that was the direction they wanted to go and she was not ready to actually look at specific ones, therefore, asked that this request be postponed until a later date.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board postponed approval of a Resolution initiating the Interlocal Service Boundary Agreement Act with the City of Groveland - Commission Districts 2 and 3, until a later date.

            VESTED RIGHTS DETERMINATIONS

            It was noted that this was an informational item only regarding Vested Rights Determinations that the County has made for the following developments, concerning school concurrency:

            Denied Vested Rights

            Lone Cypress, on June 4, 2007

            Lake Yale Reserve, on August 15, 2007

            Jasmine Cove, on October 2, 2007.

            Granted Vested Rights

            Hartle Groves and Lago Bonito, on July 10, 2007

            Sawgrass Bay and Greater Lakes, on September 6, 2007

            REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1

            CONTRACT FOR CONSULTING FIRMS TO CONDUCT BUILDING

            COMMISSIONING SERVICES FOR JUDICIAL CENTER EXPANSION (CONT’D.)

            Commr. Hill stated that, with regard to the awarding of the contract for consulting firms to conduct building commissioning services for the Lake County Judicial Center Expansion Facility to Hanson Professional Services, Inc., she talked to the County Manager about the Board obtaining a list of the CIP Projects, perhaps in a spreadsheet, with a time frame and some costs, for their perusal.

            MARCH OF DIMES FUND RAISER

            Commr. Hill informed the Board that Lake County has collected over $400 for the March of Dimes so far, from the sale of T-shirts, and that they will have their first fund raiser, a Celebrity Chefs event, on November 15, 2007, at which time she asked whether the Board would be agreeable to having flyers regarding the event advertised on the local television stations, to make people aware of the event.

            It was the consensus of the Board to do so.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            INCENTIVE PACKAGES FOR PROJECT FALLS AND PROJECT FB

            Commr. Renick stated that she was disappointed in the way that Tabs 31 and 32, requests for approval of Incentive Packages for Project Falls and Project FB, which were postponed until a later date, were listed on the Board’s Agenda and that she was going to need an explanation regarding the confidentiality issue, noting that it has got to be over with, by the time the requests appear on the Agenda.  She indicated that the Agenda should have been worded differently than it was.

            Commr. Cadwell interjected that he felt the Board should set aside a few minutes at one of the Board Meetings to explain to everybody how the confidentiality issue works, and that they need to discuss the matter with the Industrial Development Authority (IDA) and the Economic Development Commission (EDC), as well.

            REPORTS – COMMISSIONER STEWART – DISTRICT 3

            MT. PLYMOUTH/SORRENTO ADVISORY COMMITTEE

            Commr. Stewart informed the Board that the Mt. Plymouth/Sorrento citizens have been very concerned about growth in the County, so the Mt. Plymouth/Sorrento Advisory Committee was established to guide the community, based on input toward planning their growth and actually doing the LDRs for their area.  She stated that, with the Local Planning Agency (LPA) moving forward with the County’s Comprehensive Plan, which is coming to an end, it is becoming critical that the Committee complete their LDRs, therefore, requested the Board’s approval for staff to come up with ways to streamline the Committee’s responsibilities, so that it can focus on the LDRs needed for their community and bring a revised Ordinance back to the Board, so that it can be addressed and they can move forward with the LDRs more quickly.

            The County Attorney interjected that, if the Board approved to advertise the Ordinance this date, it could be brought back to them in December for approval.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved to place this item on the Agenda.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved for the Ordinance to be advertised and for staff to work with Commr. Stewart and come up with ways to streamline the Mt. Plymouth/Sorrento Advisory Committee’s responsibilities, so that it can focus on the LDRs needed for their community and bring a revised Ordinance back to the Board for approval.

            REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

            AGREEMENT BETWEEN LAKE COUNTY AND SCHOOL BOARD FOR

            CONSTRUCTION OF PARK IN SORRENTO

            Commr. Cadwell stated that he met with Mr. Larry Metz, Chairman of the Lake County School Board, about a possible agreement between Lake County and the School Board, regarding some property that the County owns in Sorrento that was purchased for a park to be constructed.  He stated that, due to the fact that it will be several years before that park can be constructed and the School Board is desperately searching for a school site in that area and they need 20 acres and the County has 50 acres, he suggested that the County give them the acreage they need, and, in exchange, they be required to build the first phase of the park for the County, such as ball fields, playground equipment, etc., noting that the School Board could do it cheaper than what they would have to pay the County for the land.  He stated that it would be a good first venture for a joint use facility, with the understanding that the park will be open to the residents of the community when the school is not in session.  He stated that all he needed this date was approval for the School Board Attorney to meet with the County Attorney regarding the matter.  He noted that the park will not be open 24 hours a day for use by the residents, but the agreement will allow the park to be constructed 10 years before it would have been.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board directed staff to work with the attorneys involved with this request and bring an agreement back to them at a later date for approval.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Rob Kelly, with the Citizens Coalition of Lake County, addressed the Board, stating that the Citizens Coalition is not only an environmental organization, but a group of citizens focused on the quality of life in Lake County.  He stated that there are members of the Coalition that are in the business and environmental communities, so they are interested in jobs and economic development, as well as everybody else in the community.  He stated that they would like to request that the Board not only talk with the Economic Development Commission (EDC), but to consider the role of the Industrial Development Authority (IDA) and whether it is the right vehicle to use in considering economic development in the County.  He stated that, perhaps, an additional task force could be put together that could be more effective in doing that, with a different mix of members.  He stated that the Coalition strongly believes, to change the economic mix in the County, they need to change the mix that has traditionally been on its Boards and, in doing so, they feel it is important that the IDA, or the task force that is put in charge of looking at economic development, also be diversified.  He stated that, since the IDA was originally put together to consider land purchases within the Christopher C. Ford Commerce Park, it may not be the right vehicle for economic development, as the County goes forward.  He stated that they would also like to see direction be given to staff and the IDA regarding the types of industry that the County does not want to attract, such as those that would affect the citizens’ quality of life.

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            Mr. Doug Doyle, a resident of Lady Lake, addressed the Board stating that he recently retired and is available to serve the County wherever it might need him; however, he feels he would be best suited to serve on the Public Safety Council, or the Transportation Disadvantaged Advisory Board, having worked 35 years in the transportation industry and having a two million mile safe driving record.  He noted that he had submitted applications to the County to serve on various committees.

            The Chairman stated that staff would take his applications under consideration.

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            Vice Mayor Allen Sherrod, City of Groveland, addressed the Board stating that deceitfulness has been going on for months, with regard to Tab 31 on the Board’s Agenda, and that he wanted them to know where the City of Groveland stands on the matter. He stated that he and Commr. Renick served on the Lake County Water Alliance for a year, so they know where the water issues lie within the County and the local municipalities.  He noted that the City of Groveland has retained an attorney and is going to fight the proposed project and will do whatever it takes to stop it.

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            Ms. Angie Thompson, Impact Fee Coordinator, addressed the Board stating that the School Board’s consultant will not be available on December 11, 2007, as planned, to discuss the issue of impact fees.  She was directed to contact the consultant, to see what the earliest date in December would be for him to be available to meet with the Board regarding the matter.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:50 p.m.

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

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NEIL KELLY, CLERK