REGULAR MEETING OF THE BOARD OF
DECEMBER 18, 2007
Lake County Board of
INVOCATION AND PLEDGE
Reverend Paul Guthrie, from the North Point Fellowship in Umatilla, gave the Invocation and led the Pledge of Allegiance.
Cindy Hall, County Manager, informed the Board that they had handed out some
additional information to the Board on several agenda items, which were an
additional set of Minutes for November 19 under Tab 2 on the Clerk’s Agenda, a
short Exhibit A with fees for Tab 21, and information regarding recommendations
to the Transportation Alternative Funding Task Force from the IDA as well as
all other applicants for Tab 37. She
also stated that there were two addendums which were time sensitive issues that
needed to be addressed this year, so they did not want to wait until January.
She explained that Addendum I was regarding two grants for Public Safety for
Commr. Cadwell stated that he wanted to add two things to the Agenda under his business, one of which was the “How Shall We Grow” Congress of Regional Leaders’ endorsement of the Florida Forever Program. He commented that they were still working through the process, and that resolution would just deal with what they identified as the Seven Jewels and asking the state to support Florida Forever.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board moved to place that item on the Agenda under Commr. Cadwell’s reports.
Commr. Cadwell reported that the other item had to do with the unfortunate situation they were caught up in regarding the delay of the Akron Meadows rezoning and the PLAAC process. He wanted Board direction to be able to direct Ms. Hall and Mr. David Hansen, Public Lands Manager, to make sure that this was one of the projects they would continue to look at.
Commr. Renick commented that she would like to add that to the Agenda, and she thought there was a lot of misunderstanding regarding postponements. She clarified that this was not one of the cases she was referring to regarding placing the limit on the number of postponements and that one of the postponements was requested by staff so that it could go through the PLAAC process.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to place that item on the Agenda under Commr. Cadwell’s business.
Commr. Renick made a change to the Minutes of November 9, 2007 (Special Meeting – BCC/Departments Workshop), on Page 5, Line 20, from “the County owned 37 properties” to “the County had applications for 37 properties.”
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Minutes of November 6, 2007 (Regular Meeting), as presented; the Minutes of November 9, 2007 (Special Meeting – BCC/Departments Workshop), as corrected; the Minutes of November 19, 2007 (Special Meeting – BCC/Departments Workshop), as presented; and the Minutes of November 19, 2007 (Special Joint Meeting with the City of Clermont), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, 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.
Property on the Lands Available List
Request to acknowledge receipt of
property placed on the Lands Available List.
Resolution from the Village Center Community Development District
Request to acknowledge receipt of
Resolution No. 08-02 from the Village Center Community Development District,
appointing Janet Y. Tutt,
Southwest Florida Water Management District Meeting Notice
Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for Monday, November 26, 2007, to be held at 9:00 a.m. and Joint Workshop of the Governing Board and Tampa Bay Water Board of Directors to be held at 1:00 p.m., at the Quorum Hotel Westshore, 700 North Westshore Blvd., Tampa, FL 33609; and Approved Minutes of the Meeting of the Governing Board held on September 25, 2007.
Amended Budget for the Village Center Community Development District
Request to acknowledge receipt of Amended Budget for the Village Center Community Development District for the Fiscal Year 2006/2007, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.
Fire Management Program and Cooperative Forestry Assistance Program Annual Report
to acknowledge receipt of Fire Management Program and Cooperative Forestry
Assistance Program Annual Report for Fiscal Year 2006-07, from the Florida
Department of Agriculture and Consumer Services. This report identifies major forestry
from the City of
to acknowledge receipt of Copy of Ordinance No. 2007-10-449 from the City of
and Ordinances from the City of
Request to acknowledge receipt of Notification from the City of Mascotte of publication of annexations and Ordinance No. 2007-12-455, Ordinance No. 2007-12-456, and Ordinance No. 2007-12-457, for applicant LPG Urban & Regional Planners, Inc., on behalf of their respective property owners, pursuant to Florida Statute.
Ordinance from the City of
Request to acknowledge receipt of Annexation Ordinance No. 2007-34, from the City of Tavares, regarding the annexation of vacant property, consisting of 8.32 acres, located at the corner of US Hwy 441 and David Walker Drive, rezoning the property from Lake County Residential (R-6) to City of Tavares Planned Development District (PD). The Ordinance was approved by the Tavares City Council on November 28, 2007.
Request to acknowledge receipt of Lake County Water Authority Board of Trustees Meeting Schedule for 2008, as follows:
January 23 July 23
February 27 August 27
March 26 September 10 (Tentative Budget Hearing)
April 23 September 24 (Final Budget & Regular Meeting)
May 28 October 22
June 25 November 19
July 9 (Budget Workshop) December 17
All regular meetings are scheduled to begin at 3:30 p.m. The Budget meetings are scheduled to begin at 5:05 p.m. and the Budget Workshop starts at 9:00 a.m., location to be determined.
from the City of
Request to acknowledge receipt of Proposed Resolution No. 2007-18 of the City of Mt. Dora adopting an Amendment to the Community Redevelopment Agency Master Plan to include a Historic Preservation Objective.
Commr. Renick pulled Tab 3 to ask for clarification of whether the amount of $442,000 or the amount of $422,000 was the correct one under Item 1.
Ms. Eve Reynolds, Budget Office Acting Director, reported that the $442,000 was the correct amount and that there was a transposition. She assured the Board that it was correct in the system.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19, as follows:
Request for approval of the following budget change requests:
Budget transfer – General Fund, Department of Public Works, Parks and Trails
Division. Transfer $442,000 of the lump
sum approved during the Fiscal Year 2008 budget development for
Budget transfer – Parks MSTU Fund, Department of Public Works, Parks and Trails Division, Transfer the $121,000 lump sum approved during Fiscal Year 2008 budget development for Parks MSTU county park improvements to specific park project accounts, per the attached schedule summarizing expenditures and park improvement descriptions.
Request for approval of the
Memorandum of Understanding with the City of
Request for approval of Lake County Library System Technology Plan, 2008-2011.
Request for approval and signature of grant agreements, Certification Regarding Debarment and Internet Safety Certification; approval to receive unanticipated revenue; approval of full-time limited term Hispanic Outreach Coordinator position; and approval for Library Services Director to sign related grant revisions, reports and documents and execution of Resolution No. 2007-190.
Request for approval of the Florida Healthy Kids Corporation, Contract Amendment #1, which includes additional regulatory requirements.
Request for approval of $1000 Workers’ Compensation claim settlement for Christopher A. Palopoli.
Request for approval of refund of impact fees to Sonny’s Franchise Company for permit 2007080225 - Commission District 2.
Request for approval to (1) declare the items on the attached lists surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign vehicle titles.
Request for approval of award to Central Florida Press, LLC to provide printing for the Lake County Vacation Guide.
INFORMATION ONLY - NO ACTION REQUIRED. The Procurement Policy revisions enacted
by the BCC on September 27, 2007 delegated authority to the
Request for approval and execution of the First Amendment to the MV Contract Transportation, Inc. contract which will extend the fixed route schedule through June 30, 2008.
for approval for the
for approval of Resolution No. 2007-191 to rename
Request for authorization to execute change order #5 (and final) to the South Clermont Connector New Construction Project No. 2006-01, Bid No. 06-021, to DeWitt Excavating, in the amount of $14,762.00. Commission District 2. Benefit District 5.
Request to advertise for bids for the # 1429 Max Hooks Road Widening and Resurfacing Project No. 2008-02 at an estimated cost of $555,000.00 from the Road Impact Fee Fund, Benefit District 6. Commission District 2.
Request for approval and authorization for Chairman to execute satisfaction of liens for the attached eleven (11) road assessments – Commission Districts 3 and 4.
Request for approval of Dead River Road Stormwater Pond design scope by PEC, Inc. – Commission District 3.
DESTROYED BY GROUNDHOG DAY TORNADOS
Ms. Jo-Anne Drury from the Budget Office explained that they were asking the Board to pay the Fire Assessment for 27 dwelling units at the Lady Lake Mobile Home Park that were destroyed by the Groundhog Day Tornados. She noted that this was consistent with what they had done with other properties in helping with impact fees and the permit fees for properties damaged by the tornados. She stated that they were also asking for the transfer of $5,319 from Reserves to cover the cost of that Fire Assessment and asking for the Board’s direction on whether to change the fire resolution so that in the event of another natural disaster, they would have the opportunity to re-inspect those properties and change the assessments.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 20, which was a request from Budget for authorization to pay the $5,319.00 Fire Assessment on 27 dwelling units at the Lady Lake Mobile Home Park that were destroyed by the Groundhog Day Tornados; authorize a transfer of $5,319.00 from the Reserves for Contingency to Other Current Charges in the General Fund to make said payment; and authorize staff to include language in current and/or future Fire Assessment Resolutions that would waive or change the December - March physical inspection period for mobile home parks in the event of a natural disaster.
APPROVAL OF AMENDMENTS TO THE FISCAL YEAR 2008 FEES
Ms. Drury stated that on Tab 21, they were looking to amend the fee resolution that was brought to the Board in September, because the GIS fees were not included in that resolution. They were looking for those to be officially adopted, and she noted that they were not changing from the prior year, so they would be the same as in Fiscal Year 2007. She also mentioned that they were asking that language be added that would exempt communication service providers from paying the right of way permit fees, per the Statute.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 21, a request from Budget for approval of amendments to the Fiscal Year 2008 fees and execution of Resolution No. 2007-192.
ADDITIONAL FUNDING FOR TRANSPORTATION DISAVANTAGED TRIPS
Harley, Public Transportation Manager, stated that at the last meeting the
Board indicated that if $200,000 worth of additional dollars would be provided
to the TD (Transportation Disadvantaged) Program, they wanted staff to provide
direction as to how those funds would be utilized. He reported that $200,000 would provide an
additional 9,790 trips, which would be 38 trips per day. He added that currently they had not been
able to provide employment trips for about 28 people and that once school was
out, there would be 14 people that went to
Commr. Renick wondered why seasonal residents, who drove to our area from other areas and therefore were capable of providing their own transportation, would add to the number of people who would need to use the program for transportation.
Mr. Harley explained that part of their dilemma was that when they utilized FDOT (Florida Department of Transportation) funds, those funds could not be prioritized, so anyone could qualify for those services. He added that if those individuals called for a trip, then they were obligated to provide it under FDOT rules.
Commr. Cadwell asked what they had to do to be qualified.
Mr. Harley responded that there were no income guidelines or restrictions to qualify for services under FDOT funds, but that those funds were a limited source of their funding, which amounted to a little over $300,000. He related that they could regulate the rest of the funding at least somewhat, however. He also specified that the TD funds were restricted to people who had no other forms of transportation and those that were disabled.
Commr. Stewart asked what the County was doing to ensure as much as possible that able-bodied people were not using a disabled person’s place regarding transportation.
Mr. Harley reported that they were going back through the recertification process of all their clients to ensure that they met the TD guidelines in order to receive services, and they had also asked the drivers to report if they saw cars in the driveway so that they could do some additional checking on those. He recommended that they also put restrictions on County funds as well so that they could only be used for those that were Transportation Disadvantaged.
Commr. Renick commented that she did not think it was the cost of the trip that was of concern for the users, but rather the independence factor and that she thought people would pay the extra fee if it was doubled to $2. She stated that she would definitely be in favor of increasing the co-pay if that would help them to serve more people.
Commr. Cadwell asked how much more that would produce a year.
Mr. Harley answered that it would depend on the rate that they adjusted it to, and they were looking at a couple of different options, such as increasing it an additional dollar to bring it up to $2 or looking at a tiered rate structure. He noted that they were going to start holding public hearings in the beginning of the year in order to obtain public input before increasing the rate structure. He specified that an increase to $2 would generate approximately $200,000 and that increasing it to $3 would generate about $300,000.
Commr. Stewart commented that she also thought they should look into that and that the citizens she had talked to wanted the service and did not mind paying a little bit more for it.
Mr. Harley commented that those rates have been stagnant ever since the program was instituted, and there has not been a rate increase in over 25 years.
Ms. Cindy Hall,
Commr. Cadwell inquired about the timeframe of the public hearings and getting back to the Board on raising the rates.
Mr. Harley responded that the public hearing was scheduled for January 24.
Ms. Hall clarified that they would come back to the Board January 8 with the budget amendment to take money out of reserves and put into the Public Transportation Department for use for prioritizing for the disadvantaged clients’ education and employment trips.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the additional funding of $200,000 for Transportation Disadvantaged trips, to be earmarked for educational and employment purposes, and to direct staff into looking into raising the user fee for the TD trips.
CTD/ACHA MEDICAID NON-EMERGENCY TRANSPORTATION AGREEMENT
explained that Tab 23 was their Medicaid funding from the Agency for Health
Care Administration (ACHA), and this program had been under greater assault
from ACHA in reducing the funding level for this program. He noted that they were taking another
funding cut from $56,000 per month down to $39,000 per month in order to
provide transportation services for the Medicaid clients in the program. He related that ACHA was contending that they
were removing some of their clients and putting them in the managed care
organizations, but they have not yet seen a depreciable difference in those
numbers. He commented that these cuts
have deeply impacted the program, and a lot of Community Transportation
Coordinators (CTC) were now pulling out of the Medicaid Non-Emergency program,
such as Miami-Dade and
Commr. Stewart stated that it was her understanding that it was better to stay in the program and at least get the funding that they did provide for them.
Mr. Harley responded that for the time being it was better to stay in, but they may need to reexamine it when they face additional cuts in the future. He also pointed out that it was ACHA’s goal to eliminate all CTC’s from providing services by 2011 and that they wanted it all to be under managed care organizations. He specified that they have only seen a 323 trip difference, but they have lost $56,000.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Tab 23, the request from Community Services for approval of the CTD/ACHA Medicaid Non-Emergency Transportation Agreement No. 5 from January 1, 2008 through June 30, 2008.
REALIGNMENT OF LAKEXPRESS ROUTES 1 AND 2
explained that Tab 24 was making some modifications to the alignment of
LakeXpress. He related that they have
had public hearings to obtain citizens’ input, and the biggest concerns were to
make sure that LakeXpress went on
Commr. Cadwell inquired about working with the college to offer some type of promotion there regarding the bus system.
answered that they were working with the college, and some articles had been
put out by
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved realignment of LakeXpress Routes 1 and 2 outlined in Tab 24.
CAGAN CROSSINGS LIBRARY
Breeden, Lake County Library Services Director, stated that she was pleased to
present to the Board an agreement between Lake and
Cadwell commented that he had heard that there was no problem on the Board
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 25, a request from Community Services for approval and signature of the Interlocal Agreement Between Lake County and Osceola County For Joint Use of the Cagan Crossings Community Library, approval to apply the unanticipated revenue to salaries and benefits in the Cagan Crossings Community Library budget, approval of the four requested positions, and approval to transfer $11,664 from Library Fund reserves to the Cagan Crossings Community Library Budget, and execution of Resolution No. 2007-193 - Commission District 2.
TRANSPORTATION STANDARD COORDINATION CONTRACT
explained to the Board that this was for approval of a transportation
coordination agreement with New Vision for
motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved Tab 26, a request from Community Services for
approval of the transportation Standard Coordination Contract between Lake
County Board of
FDOT SECTION 5311 TRANSIT GRANT FOR FISCAL YEAR 2008-09
Mr. Harley explained that every year they applied for funding from FDOT under the Section 5311 Program, which was designed to provide transportation services to the general public and the elderly and was a 50/50 match. He related that this year they were requesting $380,736 from FDOT, and the County would match that. He added that those funds were normally covered in the appropriations that they received from the general fund. He also pointed out that this service was available to the general public, and they could not prioritize or put any restrictions on those trips under this program.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 27, a request from Community Services for approval of the Public Transportation staff to apply for the Florida Department of Transportation Section 5311 Transit Grant for FY 08-09 and supporting Resolution No. 2007-194.
FDOT SECTION 5310 CAPITAL GRANT APPLICATION FOR FISCAL YEAR 08-09
Mr. Harley informed the Board that the Section 5310 Program was also under the Florida Department of Transportation, and that program was designed to provide capital equipment to transit agencies. He specified that FDOT paid 90 percent of the cost of the vehicles, and he was requesting funding this year for three vehicles, which was the limit for the number FDOT was going to award this year. He reported that the total cost would be $240,000, with the grant covering $216,000 and the County’s match being $24,000.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 28, a request from Community Services for approval of the Public Transportation staff to apply for the Florida Department of Transportation Section 5310 Capital Grant Application for FY 08-09 and supporting Resolution 2007-195.
DEPARTMENT OF ENVIRONMENTAL SERVICES
RECYCLING AGREEMENT WITH COMMERCIAL BUSINESSES
Smith, Environmental Services Director, stated that there were two Agenda items
they were bringing to the Board related to the recycling program and their
desire to enhance the level of recycling that was taking place in
Commr. Renick asked how they were making businesses aware of this opportunity.
Mr. Smith answered that they would be promoting the program and had designated someone to go out and work with the businesses to do that.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 29, the request from Environmental Services for approval of a standard Recycling Agreement between the Lake County Board of County Commissioners and commercial businesses for the purpose of recycling and authorize the County Manager or the County Manager’s designee to approve each agreement.
INTERLOCAL AGREEMENT WITH SCHOOL BOARD FOR RECYCLING
Mr. Smith explained that Tab 30 was similar to the last item, except that it was with the School Board specifically, who would not deliver the recyclables to them, but they would have containers at the schools and would be paid 40 percent of the net proceeds. He mentioned that they were also asking that this would be retroactive back to October 1 so that the County could pay them for what they had already received.
Commr. Hill commented that this would be a big benefit to the schools and that the Tavares schools had been very proactive in this program.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 30, a request from Environmental Services for approval of an Interlocal Agreement between Lake County Board of County Commissioners and the Lake County School Board for recycling services where the School Board would be compensated for the recyclables at the rate of 40 percent of the net proceeds received for the items accepted by the County.
PURCHASE AND SALES AGREEMENT WITH HILDA L. SLOAN
Hanson, Public Lands Manager, stated that this Agenda item was to approve the
Purchase and Sales Agreement between the County and Ms. Hilda L. Sloan for the
property he showed on the overhead monitor.
He specified that the property was approximately 34 acres in size and
was located south of Groveland in the
Renick was concerned that Greenways and Trails should be purchasing this
Mullany, Broker-Owner of Florida Ranchland Realty, who was representing the
Seller, Ms. Hilda Sloan, stated that Ms. Sloan had submitted her property early
last year and had been through the entire process that was required, including
the survey, appraisal, and feasibility study.
She opined that they had agreed to sell the property for a very
reasonable price to
Commr. Renick commented that she understood what Ms. Mullany was saying, but she felt that this property was already fairly protected and that the corridor could be established without owning every piece of it.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to deny the request of Growth Management for the purchase of the property owned by Hilda L. Sloan presented in Tab 31.
AWARD TO GROVE MANSONRY MAINTENANCE/CARO CONSTRUCTION
Mr. Barnett Schwartzman, Procurement Services Director, stated that they were bringing two tabs to the Board, which were both recommendations for award and that after an invitation for bid process, the award was being recommended in both cases to the low responsible bidder. He related that Tab 32 was for repair of cornices at the old courthouse building.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Tab 32, the request from Procurement for Grove Masonry Maintenance, Inc./Caro Construction LLC to be awarded ITB #07-0235 Repair of the Lake County Cornice Restoration in the amount of $179,300.00 with an Owner's Contingency of $17,930.00 to be expended as deemed necessary by the Director of Facilities Development & Management.
AWARD TO COMANCO ENVIRONMENTAL CORPORATION
Mr. Schwartzman explained that Tab 33 was an award of recommendation to a low bidder for some major work at the landfill after an invitation to bid was done.
Commr. Renick stated that when there was an Owner’s Contingency in there, they usually did not actually know whether it was used or not, but if it was, she wanted them to put an informational item on an Agenda that there was a change order so that they knew what they were spending their money on.
Mr. Schwartzman stated that he would keep track of them, and when the aggregate reached $25,000, he would advise them.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 33, the request from Procurement for approval to award to Comanco Environmental Corporation to complete construction of the Class I Phase III Landfill in the amount of $7,166,930 and $216,000 for Owner’s Contingency to be expended as deemed necessary by the Director of Environmental Services, and to approve the related budget transfer – Commission District 3.
AGREEMENT WITH FDOT FOR TRIP FUNDING TOWARDS CR 466 PROJECT
Schneider, Director of Engineering, Public Works Department, stated that Tab 34
was a request to approve the agreement with the Florida Department of
Transportation (FDOT) for Transportation Regional Incentive Program (TRIP)
funds to provide $5 million towards the CR 466 project, which ran from the
Minkoff gave the Board a quick update of this project, stating that Mr.
Schneider’s staff and his office were actively out in this community trying to
obtain right of way on this project. He
related that they were having some success and were anticipating bringing an
eminent domain resolution to the Board in mid-January for the western portion
from Rolling Acres Road to the
Mr. Schneider added that the Town of Lady Lake was working to require developments that they approve to provide the right of way through their development process.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Tab 34, a request from Public Works to approve the agreement with FDOT for TRIP funding to provide $5 million towards the CR 466 four-lane project.
FOR CONSTRUCTON OF
Schneider stated that this was a request to approve the agreement for the
design and construction of
motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved Tab 35, the request from Public Works for
approval of the agreement for design and construction of
Cadwell made the announcement that Ms. Donna Gregory from
RECESS AND REASSEMBLY
The Chairman announced at 10:00 that there would be a fifteen minute recess.
ADDENDUM NO. 1-I
DEPARTMENT OF HEALTH
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the request from Public Safety for approval for the execution of the Florida Department of Health EMS grant and for the County Manager to submit grant applications totaling up to $280,000 through the Hazard Mitigation Grant Program (HMGP) for the 800 MHz Radio System Hardening Project, identified in the Local Mitigation Strategy (LMS), and execution of Resolution No. 2007-198.
ADDENDUM NO. 2-I
LEASE AGREEMENT FOR MODEL COURTROOM SPACE
Renick stated that she understood that with current
Mr. Jim Bannon, Facilities Development and Management Director, stated that the actual timeline was obviously going to be less than six months, but the problem they had was that they could not lease anything for less than six months.
Mr. Minkoff clarified that they could have leased for less time, but that they would be at a real disadvantage if they needed it for longer than originally leased for in trying to renegotiate with the landlord at that point. He added that by doing it for the full year and giving themselves the right to cancel, essentially they could use it for whatever time they needed.
Commr. Cadwell commented that it would be for at least 90 days, no matter what happened.
Commr. Stewart asked when they would begin construction for this model.
Mr. Bannon responded that they were planning to start the process in January.
Mr. Minkoff pointed out that the lease would not start immediately, because the landlord was required to put up a wall to block off the area, so it would probably be 45 days after they sign before they would get possession. He also noted that in this case they made the landlord aware that they might not use it for the full year.
Commr. Hill commented that there would be a lot of entities utilizing the model, such as the Sheriff’s Office, the Clerk’s Office, and the bailiffs to make sure that it would suit all of their needs.
motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a
vote of 4-0, the Board approved the
ORDINANCE CHANGING SECTION 3.01.02 CLASSIFICIATION OF USES
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 3.01.02(A) LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED CLASSIFICATION OF USES, TO CHANGE THE MINIMUM WIDTH FOR SINGLE FAMILY DWELLING UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Ordinance No. 2007-62 changing Section 3.01.02 Classification of Uses, of the Land Development Regulations reducing the minimum width for a single family dwelling unit.
REZONING CONSENT AGENDA
Mr. Brian Sheahan, Director of Planning and Community Design, Department of Growth Management, stated that the only change to that day’s agenda was that they had a request for withdrawal of Rezoning Case No. PH37-07-1, which was Tab 8 on the Consent Agenda.
Commr. Cadwell opened the public hearing on the Consent Agenda, Items 1 through 10, excluding 8.
There being no one who wished to address the Board regarding the Consent Agenda, the Chairman closed the public hearing.
Commr. Renick commented that on the items regarding the telecommunications tower, she was glad to see that some of them had natural vegetation buffers which they were leaving and that the County items were not exempt from landscaping requirements.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 1 through 10, excluding Tab 8 which was withdrawn, as follows:
Tab 1 – Ordinance No. 2007-63
Rezoning Case No. PH51-07-3
Waive landscape requirements and rezone Agriculture (A) and revoke Conditional Use Permit CUP#903-3 on approximately 9 acres to Community Facility District (CFD) zoning to replace existing tower and add additional telecommunication apparatus, equipment shelters and ancillary structures needed for communication system improvements for new County wide radio system.
Tab 2– Ordinance No. 2007-64
Rezoning Case No. PH52-07-2
To amend CFD Ordinance No. 2001-151 on approximately 2.85 acres to allow an emergency services communication cell tower, equipment shelters and ancillary structures on property that has an existing Fire Station.
Tab 3 – Ordinance No. 2007-65
The Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida/Lake
Rezoning Case No. PH53-07-04
To waive landscape requirements and rezone approximately .11 acres from Planned Unit Development (PUD) to Community Facility District (CFD) to allow the placement of a telecommunication tower, equipment shelters and ancillary structures needed for communication system improvements for new County wide radio system.
Tab 4 – Ordinance No. 2007-66
Florida Power Corp.
Rezoning Case No. PH54-07-02
To amend Ordinance No. 74-91 on approximately .82 acres in the Community Facility District (CFD) zoning to allow equipment shelters, ancillary structures and telecommunication apparatus as an accessory use to an existing telecommunication tower.
Tab 5 – Ordinance No. 2007-67
Rezoning Case No. PH55-07-02
To amend CFD Ordinance No. 2003-8 on 32 acres to allow the placement of a telecommunication tower, equipment shelters, ancillary structures and telecommunication apparatus needed for communication system improvements for new County wide radio system.
Tab 6 – Ordinance No. 2007-68
LPG Urban and Regional Planning, Inc.
Rezoning Case No. PH33-07-3
Amendment to Ordinance No. 11-90 to allow for the construction of aircraft hangars and support facilities for an existing airstrip.
Tab 7 – Ordinance No. 2007-69
Lake County Department of Growth Management
Rezoning Case No. PH45-07-2
Amendment to correct a scrivener’s error to reflect the 200,000 square feet of commercial gross leasable space approved by Ordinance No. 53-90.
Tab 9 – Ordinance No. 2007-70
Rezoning Case No. PH49-07-3
Correct a scrivener’s error in the legal description recorded in Ordinance No. 2004-74.
Tab 10 – Ordinance No. 2007-71
Presco Associates, LLC/Bob Shaker
Rezoning Case No. PH50-07-5
Correct a scrivener’s error in the legal description recorded in Ordinance No. 15-
REGULAR REZONING AGENDA
REZONING CASE NO. PH56-07-3 – LAKE
COMMISSIONERS/QUINNETTE S. DURKIN (PROPERTY MANAGER)
Mr. Rick Hartenstein, Senior Planner,
Growth Management Department, stated that the owner of Rezoning Case No.
PH56-07-3 was the Lake County Board of County Commissioners (BCC) and the
applicant was also the BCC, with Quinnette Durkin as Property Manager. He explained that the property was located in
the Urban Expansion & Employment Center Future Land Use, and the present
zonings were a mixture of Agriculture (A), Heavy Industrial (HM), and Community
Facility District (CFD). He showed pictures
on the overhead of where it was posted as well as other scenes of the
property. He related that the applicant
was requesting to rezone the 434.4 acres from the present zoning mentioned
above to all CFD and Planned Industrial (MP) to place the government facilities
under the correct zoning district, to correct discrepancies in the current CFD
Ordinance legal descriptions, and to combine all properties under one zoning
ordinance, together with the additional uses of a jail, emergency operations
center (EOC), and additional governmental offices and facilities. He reported that the applicant’s request was
reviewed for consistency with the Comprehensive Plan and Land Development
Regulations and had been found to be consistent with both of those. He also mentioned that the one letter in
opposition that he received regarding this case was concerned with
Mr. Sandy Minkoff,
Commr. Renick stated that she wanted to add something to the ordinance that would fall in line with what they had discussed before. She was concerned about whether they were doing everything they would expect a developer to do in developing this piece of property, and whether they were going to keep the buffer of pine trees on this property. She specified that on Page 3 of the Ordinance, under “C – Landscaping,” she wanted to add language stating that prior to site plan approval, the Board would have to approve a landscape plan.
Commr. Cadwell mentioned that those pines were originally planted to be harvested, so they would have to have a discussion regarding that at some point in the future.
Mr. Bannon reported that he would have his architects and construction manager present who would be able to explain all of that during the discussion on January 8, but that whole area was planted for harvesting.
Commr. Renick stated that she understood that there would be part of that they would harvest, but she still thought they could leave one or two rows as a visual buffer from the road.
Mr. Minkoff stated that they did not have any problem with that language and that when they came back to the Board on January 8, they might even be able to bring the Board the conceptual plan, which they could look at and approve at that point.
Commr. Cadwell commented to Mr. Bannon it was important to the Board that when they had those type of items, they wanted them to do even more than what they might require someone else to do.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved rezoning Tab 11, Lake County/South Tavares Complex, Lake County Board of County Commissioners/Quinnette S. Durkin as Property Manager, Rezoning Case No. PH56-07-3, and execution of Ordinance No. 2007-72, with added language on Page 3 of the ordinance, under Section C-Landscaping, stating that “prior to site plan approval, the Board would have to approve a conceptual landscape plan.”
REZONING CASE NO. PH57-07-4 – VANTAGGIO INVESTMENT GROUP
Mr. Hartenstein stated that this was Rezoning Case No. PH57-07-4 and that Vantaggio Investment Group, Inc. was the owner and Amy I. Velazquez was the applicant. He reported that the property was located in the Suburban Future Land Use, and the applicant was requesting to rezone 2.86 acres from R-1 (Rural Residential) to LM (Light Industrial). He related that the applicant’s request was reviewed for consistency with the Comprehensive Plan and the Land Development Regulations, and the highlights of that review were that the application was inconsistent with Lake County’s Comprehensive Plan Policy 1-1.6, since it did not meet any of the criteria mentioned in that plan to allow a comprehensive plan amendment, and inconsistent with Section 14.03.03(C) of the Land Development Regulations (LDR’s). He reported that based on the staff report and analysis, staff recommended denial of this project, and the Rezoning Board recommended denial of rezoning to LM.
The Chairman opened the public hearing.
Mr. Neil Lamb, a resident of Eustis who lived near the site of the proposed rezoning, addressed the Board to comment that in view of the fact that the applicant was not there, he thought his remarks would be superfluous.
Mr. Orin Owen, a resident who lived near the site, stated that he was in opposition to the rezoning and that he would like to know what they were going to do before they rezoned.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board denied Tab 12, Rezoning Case No. PH57-07-4, Vantaggio Investment Group, Inc. and Amy I .Velazquez, since the rezoning request was inconsistent with the Comp Plan and the LDR’s based on the analysis and the finding of facts from staff.
TRANSPORTATION ALTERNATIVE FUNDING TASK FORCE APPOINTMENTS
Commr. Cadwell stated that the Industrial Development Authority (IDA) had brought forward two recommendations for appointments to the Transportation Alternative Funding Task Force.
Commr. Stewart reported that the IDA recommended two individuals last week with the understanding that it was up to the Board whether they accepted their recommendation or not. She commented that she believed they had submitted two good applicants and asked for Board input.
Commr. Cadwell stated that he thought it was fine for the Board to accept those appointments and that he would ask in the letters to the other applicants who did not get appointed for them to come and participate during the meetings where there would be opportunities for public input on this issue.
Commr. Renick commented that she was impressed with the quality of applicants that had applied for this committee, and she thought that was an excellent idea.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the appointments of Mr. John Moore and Mr. Ronald Jacobs as the final two members to the Transportation Alternative Funding Task Force.
CLARIFICATION OF NEXT BCC REZONING MEETING DATE
Ms. Cindy Hall,
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
MARTIN LUTHER KING DAY PROCLAMATION
Commr. Hill explained that each year
they had participated with a proclamation on Martin Luther King Day, with the
Chairman presenting that at the kick-off breakfast. She mentioned that it seemed they had two
weekends this year, including one in which
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the execution of Proclamation No. 2007-196 proclaiming Janaury 21, 2008 as Martin Luther King Day, to be presented by the Chairman at the first community breakfast.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
GRANTING OF DESK CHAIR TO JAMES C. WATKINS
Cadwell stated that there had been a request to give to Mr. James C. Watkins,
former Clerk of the Court, the chair that he had had in his office for
years. He asked Mr. Sandy Minkoff,
Mr. Minkoff responded that if the Board wished to give it to Mr. Watkins as an honorarium the way someone would give a retiring employee a gift, they could do that. He noted that it was an old desk chair that he has had for about 15 or 16 years.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried by a vote of 4-0, the Board moved to place that item on the Agenda.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried by a vote of 4-0, the Board moved to grant Mr. James C. Watkins, former Clerk of Court, the desk chair that he had in his office for the last 15-16 years as an honorary retirement gift.
Commr. Cadwell stated that he had added this item regarding Akron Meadows property on the Agenda to make sure that they gave staff direction that this was on the list of properties that was going to be considered and was moving forward through the PLAAC process.
Commr. Renick asked when they could realistically expect to see the PLAAC recommendation for this property.
Commr. Cadwell commented that he thought they should not hear that rezoning case until they got done with the PLAAC process.
Mr. Minkoff mentioned to the Board that they could not deal with the rezoning case today.
Commr. Cadwell stated that he understood that it would be an issue on January 29.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to make sure that the Akron Meadows property was part of the PLAAC process and was moving forward as briskly as possible.
RESOLUTION OF THE “HOW SHALL WE GROW?” CONGRESS OF REGIONAL
Cadwell stated that this item that he added to the Agenda came from the “How
Shall We Grow” Congress of Regional Leaders, and it was the first work item out
of that group. He also noted that the Smart Growth Alliance had been working
hand in hand with this group, and although the process was not complete, they
had identified seven “Environmental Jewels” for
David Hansen, Public Lands Manager, added that the only other area that they
were currently looking at was the Florida Ecology Greenway Network, which was a
result of some work done out of the University of Florida Geoplan Center, and
what the counties had already done has already been accepted. He explained that they were trying to develop
a map, and he believed this was a resolution to seek a successor program to Florida
Forever, which sunsets in 2010. He
mentioned that the Board did do a resolution last year in support of a Florida
Forever Successor Program, and this one was a unified voice of seven counties
to send something to
Commr. Cadwell stated that in the discussions, it was emphasized that these huge areas were regionally significant and their protection would affect everyone in the region, as well as making those areas and the program’s importance known. He also noted that everyone was in agreement of these Seven Jewels.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2007-197 in support of Florida Forever and a successor program and preservation of the “Seven Jewels.”
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.
WELTON G. CADWELL, CHAIRMAN
NEIL KELLY, CLERK