A REGULAR MEETING OF THE BOARD
JANUARY 8, 2008
The Lake County Board of
INVOCATION AND PLEDGE
Reverend Dr. Isaac Deas, from The Father’s House, Leesburg, gave the Invocation and led the Pledge of Allegiance.
Commr. Cadwell welcomed Commr. Stivender back and stated that they were glad she was able to attend. He also stated that during the holidays there were family illnesses in both Commr. Renick’s and Commr. Hill’s families and expressed his hope that things were getting better.
Ms. Cindy Hall,
Commr. Cadwell stated that Tab 8
would be pulled from the
Commr. Hill stated that she would like to add to the Agenda, under her Reports, a request to approve a Resolution from the Leesburg Public Library honoring a school teacher by unveiling a memorial statue during the Martin Luther King weekend. She commented that she would distribute the Resolution to the Board at that time.
On a motion by Commr. Hill, seconded by Commr. Stivender, and carried unanimously, by a 5-0 vote, the Board approved the placement of said item on the Agenda.
Commr. Stewart stated that she had a change to the Minutes of November 20, 2007, which was changing page 15, Line 18, from Commr. Renick, as liaison, to Commr. Stewart, as liaison.
Commr. Hill stated that she had a change to the Minutes of December 4, 2007, which was changing Page 12, Lines 16 and 17, from District 1 to District 3.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 20, 2007 (Regular Meeting), as corrected; November 27, 2007 (Regular Meeting), as presented; and December 4, 2007 (Regular Meeting), as corrected.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the following requests:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending November 30, 2007, in the amount of $173,492.56. Same period last year $173,492.56.
Annexation Ordinance from City of Umatilla extending Corporate Limits
Request to acknowledge receipt of Annexation Ordinance No. 2007-P, from the City of Umatilla, extending and increasing the corporate limits of the City of Umatilla, pursuant to the provisions of Florida Statute 171.044; annexing 4.6 ± acres in the City of Umatilla for property owned by Tom Zahn and located East of SR 19, between Lake Smith Road and Jim Daugherty Road.
Meeting Notice of Southwest Florida Water Management District Governing Board
Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for December 18, 2007, to be held at 9:00 a.m., at the Brooksville Headquarters, 2379 Broad Street, Brooksville, Florida; and Approved Minutes of the Meeting of the Governing Board, held on October 30, 2007.
Letter from City of Leesburg regarding Intent to Initiate Annexation Proceedings
Request to acknowledge receipt of Letter from the City of Leesburg, pursuant to SB 1194 amending Florida Statute Chapter 171, to notify Lake County of the City’s intent to initiate annexation proceedings on a .39 acre parcel, located on the southwest corner of Suanee Avenue and Coolidge Street, with a brief description of the parcel and supplemental information.
The letter also notes that the public hearings for this annexation are tentatively scheduled for December 20, 2007, at 7:00 p.m. and the second reading on January 8, 2008 at 7:30 p.m., in the Eustis City Hall Commission Room, 10 North Grove Street, Eustis, Florida.
Ordinances from the Town of
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinance No. 2007-25, redesignating zoning classification from Lady Lake Planned Commercial (CP) to Lady Lake Planned Commercial Development (CP) for certain property owned by John and Patricia Steverding, located within the Town limits of the Town of Lady Lake, at 302 Oak Street. Passed and ordained by the Town Commission on October 4, 2007.
Ordinance No. 2007-30, establishing a moratorium on processing, reviewing, considering, and approving or denying applications for Comprehensive Plan Amendments concerning residential development and applications for rezoning concerning residential development, until there is sufficient school capacity. Passed and ordained by the Town Commission on November 15, 2007.
Request to acknowledge receipt of Copy of City of Umatilla’s Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006.
Certificate of Achievement for Excellence
Request to acknowledge receipt of Certificate of Achievement
for Excellence in Financial Reporting for Comprehensive Annual Financial Report
(CAFR) for Fiscal Year ended September 30, 2006, awarded to
The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.
Notice Before the
Request to acknowledge receipt
of Notice before the Florida Public Service Commission – In re: Application for
Staff Assisted Rate Case in
Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person’s right to a hearing.
Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days, pursuant to Rule 25-22.0276, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.060, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available, if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure.
Annexation Ordinance from the
Request to acknowledge receipt of Annexation Ordinance 2007-24 from the City of Tavares, amending the boundaries of the City of Tavares by annexing approximately 20.83 acres located on the north side of US Hwy 441, approximately 1.5 miles west of the intersection of US Hwy 441 and Lake Shore Blvd. and 1.5 miles east of the intersection of US Hwy 441 and Radio Road, rezoning from Lake County Residential Mobile Home Rental Park (RMRP) with a Conditional Use Permit to City of Tavares Planned Development (PD), along with the annexation notification for said ordinance.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board pulled Tab 8 and approved the following requests:
Request from Budget for approval of the following Budget Change Requests:
Budget Transfer –Facilities
Expansion Capital Fund, Department of Facilities Development and Management.
Transfer $5,000,000 from Buildings (Project 80100 – Sheriff’s Facility) to Land
(Project 80020 – Downtown Government Buildings - $1,000,000) and Buildings
(Project 80020 – Downtown Government Buildings - $4,000,000). The Fiscal Year
2008 budget included funding for a potential purchase in south
Budget transfer – General Fund,
Constitutional Offices/Supervisor of Elections. Transfer $44,250 from Repair
and Maintenance (Project 00002) and $132,482 from Machinery and Equipment
(Project 0002) to Office Supplies (Project 0002). All Voting System Assistance
funds were budgeted in Repair and Maintenance or Machinery and Equipment.
from Budget for approval to authorize Staff to Issue a Certificate of Correction
for the Shepherd of the
Request from Community Services for approval of Resolution No. 2008-1, which amends Resolution 2001-143 to provide for the Director of Lake-Sumter EMS or his or her designee to become a member of the Lake County Comprehensive Health Care Committee.
Request from Community Services for
approval of the transportation Standard Coordination Contract between the Lake
County Board of
Request from Community Services for approval to expend funds for the Transit Development Plan.
Request from Growth Management for approval of low and very-low income impact fee waivers as refunds to lenders on behalf of qualified individuals. Commission Districts 1, 2, 3 and 4.
Request from Procurement 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 from Procurement for approval to recommend that H.B. Walker, Inc. be awarded the On-Call Demolition of residential and commercial properties. Solutions, Inc.
Request from Procurement for approval of the renewal quote from HRH/Hunt Insurance Group, Inc. to provide catastrophic inmate medical insurance from 1/10/08 through 1/10/09.
Request from Procurement for approval of the First Amendment to Moore Stephens Lovelace, P.A. and associated Budget Transfer.
Request from Procurement to award two contracts for On Call Structural Engineers, Bentley Architects and Engineers, Inc and GAI Consultants.
Request from Procurement to award to Mark Cook Builders, Inc. in the amount of $127,274.00 and an Owner's Contingency and Allowances of $24,101.00 to be used at the discretion of the Director of Construction Services. Commission District 3.
FOR INFORMATION ONLY - NO ACTION
REQUIRED. The Procurement Policy revisions enacted by the BCC on September 27,
2007 delegated authority to the
Request from Procurement for
approval of sole brand standardization of Craftsman tools for the Department of
Public Safety to provide a standard set of tools to the Fire Stations in
Request from Public Works for authorization for Chairman to execute satisfaction of the lien for the attached one (1) road assessments. Commission District 4.
Request from Public Works for authorization to release a maintenance bond in the amount of $160,263 posted for Overlook at Lake Louisa Phase I. Overlook at Lake Louisa Phase I consists of 95 lots and is located in Section 7, Township 23 South, Range 26 East. Commission District 2.
from Public Works for approval to advertise for bids for CR-439 Intersection
with SR 44, CR-44 Intersection with
Request from Public Works for authorization to release a letter of credit for maintenance in the amount of $106,510.70 posted for Grand Island Ridge. Grand Island Ridge consists of 68 lots and is located in Section 31, Township 18 South, Range 26 East. Commission District 5.
Request from Public Works for authorization to release a maintenance bond in the amount of $22,698.40 posted for Avalon Hills. Avalon Hills consists of 16 lots and is located in Section 12, Township 23 South, Range 26 East. Commission District 2.
Request from Public Works for authorization to release a
letter of credit for performance in the amount of $130,048.60, accept a letter
of credit for maintenance in the amount of $11,809.50, execute a Developer's
Agreement for Maintenance of Improvements Between Lake County and Robert C.
Granger, Jr. and Mary E. Granger and execute Resolution No. 2008-2 accepting the following road into the
County Road Maintenance System: Chip Drive (County Road No. 6544A).
On a motion by Commr. Hill, seconded by Commr. Stivender, and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Request from County Attorney for Declaration of the County-owned property located in Forest Hills Subdivision, off CR 42, in the Lake Mack area, as surplus for the purpose of disposal; approval of Resolution No. 2008-3 declaring the property as surplus; authorizing the donation of the property to Habitat for Humanity and approval and execution of a County Deed and any other documents necessary to transfer the property to Habitat for Humanity. Commission District 5.
The Chairman presented the following Employee Awards, with Ms. Kasie McAdams, Employee Services Manager, commenting briefly about each employee’s service to the County:
Presentation of Award to Employees with Five Years of Service
Daniel Chimento, Firefighter/EMT
Public Safety/Fire Rescue
Presentation of Award to Employees with Ten Years of Service
Brenda Reynolds, Veterans Service Specialist
Community Services/Veterans Services
Danny Miller, Fire Lieutenant/Paramedic
Public Safety/Fire Rescue
Presentation of Award to Employees with Fifteen Years of Service
Rene Bass, Office Associate V
Community Services/Agricultural Education Services/Cooperative Extension Service
Presentation of Award to Employee with Twenty Years of Service
Edward Genter, Fire Lieutenant/EMT (N/P)
Public Safety/Fire Rescue
James Blackwell, Fire Inspector
Public Safety/Fire Rescue
Robert Wood, Office Associate III (N/P)
Public Safety/Animal Services
Gary Spires, Maintenance Worker
Public Works/Road Operations/Special Projects
PRESENTATION ON SOCIAL SERVICES NEEDS GAP ANALYSIS
Mr. Fletcher Smith, Community Services Director, stated that the Social Services Needs Assessment was initiated in 2006 at a Board and Staff Retreat to determine what kind of gaps from a provider prospective exist in Lake County and what needs to be done. He reported that they contracted with the University of Central Florida (UCF) to provide the work together with agencies in the County who provide these services. He explained that Ms. Allison Thall, Special Projects Coordinator, and Ms. Brenda Quattlebaum, Elder Affairs Manager, organized focus groups for the study.
Ms. Allison Thall addressed the Board stating that Dr. Nancy Ellis, Director of the Center for Community Partnerships at UCF, was instrumental in heading up the Needs Gap Assessment. A copy of the report from the Center for Community Partnerships was distributed to the Board.
Dr. Ellis expressed her appreciation to Dr. Mary Van Hook, former Director of the Center for Community Partnerships, and Facility Emeritus from the School of Social Work at UCF; Mr. Joseph Ferrandino, doctoral student, who prepared all data analysis and gathered the demographic information across the County; and Ms. Victoria Jennison, another doctoral student and Harvard graduate in the Ph.D. program, all of whom worked with Dr. Ellis in formatting, compiling, and finalizing the document presently before the Board.
Dr. Ellis reported that initially they met with Ms. Thall, Ms. Quattlebaum, and Ms. Robbie Hollenbeck, Elder Affairs Director, to inquire how they could assist them in reaching their goals. She stated that the following information reflected the agreed upon scope of work:
1. To identify the current demographic
2. To distribute a survey to establish the current status of social services in the County and identify the existing services within Elder Services, Children & Family Services, Health and Health-related Services, Human Services, Housing and Social Services to determine whether there were unmet needs and attempt to establish prioritization of those needs or service gaps.
3. Partner with Lake County Community Services to hold four focus groups comprised of service providers, citizens, and advocates in the social service categories regarding current services and unmet needs of the community.
Regarding their methodology, Dr.
Ellis stated that they worked with Community Services and with their
Institutional Review Board to ensure they had the appropriate protocols in
place for the surveys and focus groups.
She stated that the surveys were designed with Community Services and
were included in the Appendices of the Report.
She stated that they distributed them at the focus groups and were
emailed to all services in
Dr. Ellis stated that they gathered all the information provided from meetings held with the various services throughout the summer. She provided the Board with the following recommendations from the focus groups:
1. Transportation - That Lake County Community Services work with other county entities to explore ways in which alternative transportation can be increased for rural and at-risk population.
2. Health Care - That Community Services work with healthcare providers to facilitate strategic planning to address the issues facing at-risk populations such as the need for affordable and accessible healthcare options at all intervention levels from primary to critical care.
3. Centralized Intake and Referral Network - That Community Services facilitate the creation of a coordinating body to oversee the development of comprehensive, centralized information, referral and case management systems for the County.
4. Access to Services - That a centralized coordinating organization be developed to address interagency referrals, networking, collaboration and partnerships, and client follow-up for services.
5. Integrated Client Case Management System – That a centralized coordinating organization be developed to address interagency referrals, networking, collaboration and partnerships, and client follow-up services.
Dr. Ellis encouraged everyone to read the report and if there were any questions, she could be contacted through Ms. Allison Thall.
Commr. Stivender explained that staff had been working on Items 1, 3, and 4 regarding transportation issues with the MPO. She stated that the health portion of the recommendations would be followed-up by Ms. Thall and that the Shared Services Network had been working with the Judicial System to get all of these on one forum.
Commr. Cadwell stated that on the federal budget request each year they have asked for money to build a one-stop shop place and if they could get everyone on the same page, willing to participate, this could be done with the help of technology.
Commr. Hill stated that bits and pieces of this had come through different committees and it seems as though it has all been compiled into the study. She remarked that, hopefully, they could use the study in all the committees in some fashion to assist them. She stated that they had worked with the Comprehensive Health Care Committee regarding the resources directories, and had dealt with the HIPAA question within the Health Department.
Commr. Stewart questioned whether Dr. Ellis or UCF had worked
with any other counties with issues similar to those in
Dr. Ellis stated that
COMMUNITY SERVICES – LIFESTREAM BEHAVIORAL CENTER, INC.
Mr. Fletcher Smith, Community
Services Director, stated that they are requesting approval of the annual
Contract for the local match funding for LifeStream Behavioral Center,
Inc. He reported that this year they
have allocated $1,056,006 for LifeStream to provide community alcohol and
mental health services and programs to the citizens of
On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved the Contract between Lake County and LifeStream Behavioral Center, Inc., to provide community alcohol and mental health services and programs to the citizens of Lake County.
ENVIRONMENTAL SERVICES – ADOPT-A-LAKE PROGRAM
Mr. Daryl Smith, Environmental Services Director, requested approval to advertise a Public Hearing on January 22, 2008, to approve an Ordinance for the creation of an Adopt-a-Lake program to assist citizens in the community participate in preserving the lakes in the County. He stated that education, water monitoring, and pollution prevention were the three main components in this Ordinance.
On a motion by Commr. Renick, seconded by Commr. Stivender, and carried unanimously by a 5-0 vote, the Board approved the request to advertise the Ordinance for the creation of an Adopt-a-Lake program.
FACILITIES DEVELOPMENT &
Mr. Jim Bannon, Facilities Development & Management Director, announced that they would like to provide two informational presentations to the Board. He stated that Mr. Bill Starmer, of Starmer Ranaldi Architects, would give the first presentation relating to felling of trees and landscaping issues on the South Campus. He further stated that Mr. Bob Egleston, of HLM Architects, would give the second presentation relating to sustainability and energy efficiency issues on the Downtown Campus.
Tree Removal Master Plan of
Mr. Bill Starmer addressed the Board regarding the development of the South Tavares Complex and distributed a copy of his Tree Removal Master Plan. He stated that he would be discussing the very northwest corner of the County’s property of approximately 56 acres in the development area. He commented that 38 of the 56 acres consist of a construction zone. He reported that more than 95 percent of the land was a planted pine forest, including slash pines, which could be forested at some point for a valuable timber product. He commented that in the northeast area there was a large group of mature oaks veined through the pine forest, as well as some orange and palm trees grown from seedlings. He explained that when they started looking at the development of the land, there was an approximate 20 foot difference in contour from the high and low points of the property. He stated that they looked at cost effective land development to balance the cut and fill. He explained that they were trying to develop the property so they would not have to pay to bring soil onsite or take soil offsite. He stated that over the course of the development site they would be filling or cutting anywhere from one to eight feet and that it would be very difficult to do that and save trees. He explained that if they clear the property for development they would like to save the taxpayers some money and actually harvest the product. He reported that they are saving approximately 30 percent of the existing trees by virtue of a buffer which would be maintained around the existing development. He explained that their recommendation at this point was to proceed with harvesting only the pine trees, save the oaks, palms and orange trees; come back and do a tree survey, identifying the species of those worthy to be saved. He stated that they would then replace the trees in compliance with County regulations.
Commr. Renick questioned the 50 foot landscape buffer noted on page one of the site plan, pointing out that on the second page the landscape buffer reflected a 100 foot buffer.
Mr. Starmer responded by stating that particular buffer was along the road where the residential subdivision to the south would be putting in their new road. He stated that they always try to keep a 100 foot buffer between the government complex and the landfill side of the property and that he thought the 50 foot buffer in question was a numerical error.
Mr. Starmer reported that there were gopher tortoises on the site and that a Level One Environmental Study and an Environmental Assessment had been done. He stated that there was a permit being processed to relocate the gopher turtles onsite.
Sustainable Design and Energy Performance of Downtown Campus
Mr. Bob Egleston with Heery-HLM Design stated that they were here to update the Board on Sustainable Design and Energy Performance of the downtown campus buildings. He explained that they were under current direction not to pursue the Leadership in Energy & Environmental Design (LEED) Certification on the project, but rather to do the very best they could to incorporate sustainable design practices.
Mr. Egleston offered a slide presentation and discussed the LEED checklist being used as the basis for their design. He reported that they had done a good job incorporating sustainable design practices into the projects. He stated that the checklist addressed all the combined projects of the downtown campus. He commented that the categories in red with the “Y” indicated a prerequisite for LEED and had been incorporated. He then explained each of the credits given in the following categories on the checklist: Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality, and Innovation & Design Process. He stated that although they were not pursuing LEED Certification, they identified 30 obtainable points which would allow the County to reach a “Certified Level” with LEED. He commented that to obtain a Silver Level they would need 33-38 points, Gold Level requires 29-51 points, and Platinum Level requires 52-69 points.
Within the explanation of the credits in the various categories, Mr. Egleston stated that Credit 1.2 under Water Efficiency, states they cannot use potable water for irrigation. He commented that was not feasible in the office building. He explained that they were considering putting a cistern on the courthouse to harvest and reuse rain water. He reported that this method was fairly expensive. He explained that because a cistern must be built and pumps provided to be tied into the irrigation system, it may not be a cost effective solution simply to obtain that credit. He commented that over a long period of time it would, however, result in savings. He reported that the Construction Manager would present the Board with those cost figures in the near future.
Commr. Hill stated that the
presentation incorporated several items the Board had discussed and one of
those was solar energy, however, the cistern was new to her. She stated that they would be monitoring
those two items closely because they were looking at the renewable energy
package through Solid Waste. She
explained that solar energy and the use of a cistern would gather additional
points in the certification process. She
explained that any additional information he would like to present to the
committee later could be emailed to the
Commr. Renick stated that she was having second thoughts about not pursuing LEED Certification and thought it needed more review.
Commr. Hill stated that she liked the idea they were “LEED” like and they could use these as goals to become energy efficient, but she did not wish to purchase a plaque for $1 million. She stated that she would rather spend $1 million in incorporating some of the needed items.
Commr. Renick inquired as to the cost of obtaining the certification.
Mr. Egleston stated that in order to obtain certification, the Construction Manager (CM) would have to register the project and document everything during construction. He explained that at the end of the project the CM would gather all the notebooks containing this documentation and send them to the Green Building Council. He commented that it becomes very costly to the CM during construction to monitor and document the entire process.
Commr. Hill commented that once completed, they could place a plaque on the building indicating they had constructed an energy efficient building. She stated that she hesitated getting the full LEED Certification due to the expense. She remarked that the LEED Silver Level would be easily attainable.
Commr. Cadwell requested that Mr. Egleston bring back to the Board for comparison an estimated cost difference to get the full LEED Certification.
Commr. Renick commented that they definitely need to look at the cistern and that the water savings should be reviewed. She commented that they had been speaking on these issues relative to the Judicial Center Expansion and questioned whether the comments were also related to the Constitutional Officers’ Building to which Mr. Egleston replied that they did.
Commr. Renick also questioned whether or not the Constitutional Officers had been invited to the meeting because they were under the impression their buildings were going to be LEED certified. She asked Mr. Bannon if he had met with Mr. McKee and he said he had not. She asked that the Board and the Constitutional Officers receive a copy of the Sustainable Design Report.
Commr. Hill stated that the Constitutional Officers had not been invited to the meeting.
RECESS AND REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess for 10 minutes.
CONTRACT AMENDMENT FOR DIGITAL TOPOGRAPHIC DATA
Mr. Barnett Schwartzman, Procurement
Services Director, stated that the Contract between
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Amendment to the Contract with Kucera International, Inc. with aerial photography occurring in January 2008.
CONTRACT WITH SHAW ENVIRONMENTAL, INC., FOR ENGINEERING
SERVICES FOR FUEL REMEDIATION
Mr. Barnett Schwartzman, Procurement Services Director, stated that the Contract with Shaw Environmental, Inc., was a follow-up to an agenda item regarding the fuel remediation project at Astatula last April whereby the Board recommended that they proceed to negotiate with Shaw. He stated that with that recommendation, it was determined that competitive action was, in fact, required for the additional work. He reported that the process had now been completed and would recommend that Shaw be awarded the Contract in the amount of $91,265 for the additional work.
On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved the Contract between Lake County and Shaw Environmental, Inc., for Engineering Services for Fuel Remediation at the Astatula Refueling Facility in the amount of $91,265.
Mr. Jim Stivender, Public Works Director, stated that the Alfred Street Study was being presented for discussion only and that no decision would be necessary today. He summarized that the program had encompassed intergovernmental relationship in the cities over the last few years. He stated that they had completed eight studies within that time. He reported that at the present time four lane projects were underway from Lady Lake to CR 466, and Fruitland Park to CR 466A, one, hopefully, would start construction the end of this year. He stated that Groveland turned down the study as they had decided not to build the improvements in their area. He explained that the study being presented today was for Tavares and that they had four more forthcoming, which were a PD&E Study for Highway 441 from Bay into Mt. Dora; a study of CR 455 in Montverde; a study on the north and east side of Minneola associated with the turnpike and the expansion; and one section of SR 561 through downtown Astatula.
Mr. Greg Moore, Project Manager of Dyer, Riddle, Mills &
Precourt, Inc., (DRMP), stated that the study process was conducted in two
phases, the most recent of which was started early last year and wrapped up the
first part of October. He explained that
the limits of the study were from Highway 19 to
Mr. Moore stated that in the overall scheme of transportation
improvement, the concept study is the first step. He explained that they would take the
improvements that were developed and move into design. He commented that there were a lot of coordination
meetings, including large format public meetings, stakeholders’ meetings, and
updates to the City Council for their input on the project. He explained that the study process was a
blending of public involvement, engineering and environmental issues to develop
concepts which are publicly acceptable, environmentally sensitive, cost
feasible and technically sound. He
stated that for this particular study they looked at three segments based on
the character of the corridor which were: the downtown segment from SR 19 to
Mr. Moore commented that the alternatives matrix lists the options considered for each segment. He mentioned that the options were analyzed by a number of quantitative and qualitative factors. He explained that right-of-way impacts and costs are easily quantifiable traffic numbers, and qualitative factors were aesthetics and accessibility for pedestrians and vehicles. He reported that in the evaluation summary they took a number of options and came up with a point system to rank each option, where “1” would be the best in that category and “3” would be the worst. He stated that of the options considered there was only a two point separation between all the alternatives. He commented that in order to have a broad outreach program, they solicited input from the public, which was the emphasis of the second phase.
Mr. Moore stated that of all the alternatives presented, it
seemed to be the consensus of the public and the stakeholders involved that the
one-way pair downtown was consistent with the goals and objectives of the
downtown redevelopment district. He
commented that the one-way pair made the best use of the right-of-way, traffic
accommodation, and aesthetics. He
reported that after looking at several options within the other sections, the
three lane section was the best solution due to existing access. He commented that it would be difficult to
develop a median that would provide access to residents and businesses along
the corridor. He stated that they were
coming out of the study with a recommended concept, and moving forward into
right-of-way and construction. He
commented that one issue identified with the one-way pair was the fact that the
Commr. Stivender questioned if the main reason for not being
able to widen
Mr. Moore responded that was correct. He stated that the current corridor was 50 feet wide which could probably accommodate a three lane road, but it would be tight.
Commr. Cadwell asked Mr. Moore about the feelings of the
Mr. Moore stated that they received input from some of the residents on Caroline who had a mixed review. He explained that the City had just started a comprehensive look at downtown in a land use format, and the consultant felt that because the existing uses were not the typical turnover-type land uses, it would be a consistent use. He stated there would be additional traffic flowing through Caroline, but it would only be coming from one direction and at that intersection there was just one lane of traffic.
Commr. Cadwell asked Mr. Stivender how this project would be funded.
Mr. Stivender stated that the PD&E Study was funded by road impact fees. He stated that they would look at the five year capital improvement plan over the next few months to see if they could incorporate any parts or pieces of this project in their five year road program.
Commr. Cadwell inquired whether this would be an impact fee project?
Mr. Stivender stated that this particular area had a lot more amenities than just impact fees, and a lot of the amenities may not be qualified for impact fees, but that is how it got started. He commented that the money would come from the standpoint of the users of the area more so than a transportation and development standpoint. He stated that it was more redevelopment than an impact fee new development.
Mr. T. J. Fish, Lake-Sumter Metropolitan Planning
Organization (LSMPO) Executive Director, stated that the MPO had been asked by
the City of
Mr. Stivender commented that they have had an Interlocal Agreement with Leesburg for years where they essentially take care of all maintenance in downtown Leesburg. He suggested that Tavares have a similar agreement.
YOUTH RECREATION ASSISTANCE PROGRAM GRANT
Mr. Stivender referred to a meeting held November 19, 2007,
in Clermont where there were discussions about the deficiencies of the
recreation programs because of rapid growth there. He explained that they were
asking for approval to go forward with $150,000 to improve the
Commr. Stivender stated that as liaison to Parks & Recreation, she thought that when they budgeted the $250,000 it was to help all the cities countywide. She stated that the remaining $60,000 should go to the other cities to assist them with people coming into their cities.
Commr. Cadwell commented that for clarification purposes, at the November meeting the Board realized that Clermont was in a unique situation because of the numbers. He stated that they understood the other cities would be wondering about the decision, but after listening to the public, sitting down with the Council, and the discussions that night, the Board felt that under the circumstances the funds would remain there.
Commr. Hill stated that the $60,000 balance could be left in the account for future projects because they were under the assumption they would not be bringing anything forward this year. She stated that they also have the summer program funded each year with the School Board, which was $100,000 last year.
Commr. Cadwell stated that in a joint meeting with the City Council that night, the Board committed using the $250,000 in the South end of the County. He stated that they would leave the money in the fund until Clermont, or the South end of the County, came back with another request.
Commr. Renick explained that she understood the $60,000, or a portion thereof, would be used to keep the fees lower.
Commr. Stivender questioned Mr. Wayne Saunders, Clermont City Manager, if the fees they charged for out-of-city athletes would be used to offset that so they do not raise the fees.
Mr. Saunders replied that this was all for capital improvements to build an extra facility to meet their needs.
Commr. Cadwell asked where the $250,000 was funded.
Ms. Hall stated that the $250,000 came from two funds, $200,000 from general funds and $50,000 from the Municipal Service Taxing Unit (MSTU) fund.
Mr. Saunders commented that the $150,000 was money that would be used to leverage the improvements being planned which would cost approximately $500,000 - $600,000 and would help that capital project.
Commr. Cadwell stated that there was a discussion that night that any balance of money would be used to continue to look for property in that area for the future.
Commr. Stivender stated that it should be done as it reads in the request which states the balance would be applied to the Youth Assistance Programs for cities and non-profits.
Commr. Stivender stated that the $40,000 added lighting at
Commr. Renick inquired as to whether $40,000 to light the field was a realistic figure.
Commr. Stivender explained that if they go with the existing lighting it probably would be realistic, but if they go with an advanced lighting it would not be realistic.
Mr. Stivender stated that the question that night was the utility bill associated with the lighting.
Commr. Stivender questioned how the $60,000 would be used by
the City of
Commr. Cadwell stated that his inclination would be not to
designate it anywhere, but keep it in the fund and it would be used as issues
On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board directed that of the budgeted $250,000 FY 2008 Youth Recreation Assistance Program Grant, $150,000 would be distributed to the City of Clermont for West Park construction of a new ball field and improvements to the existing two (2) ball fields; $40,000 would be distributed to the National Training Center in Clermont for installation of recreational lighting at one soccer field; and the remaining $60,000 would be set aside with the understanding that it remains in South Lake for future projects in that area.
ELDER AFFAIRS COORDINATING COUNCIL APPOINTMENTS
Commr. Cadwell stated that the next order of business was to appoint individuals to the Elder Affairs Coordinating Council for two-year terms beginning February 1, 2008, and that they needed two representatives each from Districts 1 and 5, one representative from District 3, and one at-large representative.
Commr. Cadwell suggested the reappointment of Mr. Roy Hunter and Ms. Carol Clendinen to represent District 5.
Commr. Stivender suggested the reappointment of Ms. Colleen Kollman and Ms. Linda McFadden, At-Large to represent District 3.
Commr. Hill suggested the reappointment of Ms. Kathy Haviland and Ms. Ann Lewis, to represent District 1.
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved reappointment of the following individuals to the Elder Affairs Coordinating Council: Ms. Kathy Haviland and Ms. Ann Lewis, District 1; Ms. Colleen Kollman and Ms. Linda McFadden, At-Large, District 3; and Mr. Roy Hunter and Ms. Carol Clendinen, District 5.
PARKS, RECREATION AND TRAILS ADVISORY BOARD APPOINTMENT
Commr. Cadwell stated that there was a recommendation to appoint Fruitland Park Mayor Chris Bell to serve as the League of Cities representative on the Parks, Recreation and Trails Advisory Board, to complete the term of Mr. Jim Meyers.
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board appointed Mayor Chris Bell to serve as the League of Cities representative on the Parks, Recreation and Trails Advisory Board to complete an unexpired term ending May 20, 2008, and serve a consecutive two-year term.
Commr. Cadwell suggested that the Board show their appreciation to Mr. Jim Meyers, former member and Chair of the Committee, by presenting him with a plaque for his years of service.
Commr. Stivender stated that the Lake County Children’s Services Council meetings were not being attended by Mr. Gary Clark. She stated that they had been unable to contact Mr. Clark and they need someone to attend the Council meetings.
Commr. Renick stated that it was uncharacteristic of Mr. Clark not to attend, but that she had not had an opportunity to speak with him and obtain the reasons for his absence.
On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board removed Mr. Gary Clark as a member of the Children’s Services Council.
ENVIRONMENTAL ASSESSMENTS PRIOR TO ZONING HEARINGS
Ms. Cindy Hall,
Mr. Sheahan stated that he had some additional information to go along with his Memorandum of December 4, 2007, and reported that it was determined that the cost of a five acre site would be about $800 plus $65 per acre thereafter. He commented that the three companies he contacted indicated that there was a cost savings of up to 50 percent for a 100 acre site and greater. Mr. Sheahan stated that Board had recommended this change; however, he was asking the Board to allow them to place provisions in the Code to waive that requirement when there are no evident environmental conditions.
Commr. Cadwell stated that he had some concern about whether staff would be allowed to waive that requirement and also whether the correct threshold would be a five or ten acre tract. He stated that at the present time the cost of rezoning a five acre tract was approximately $2,000.
Mr. Sheahan stated that typically smaller commercial properties are less than five acres. He explained that the average strip mall normally consists of one acre, and is located in an urban area where there are generally no environmental concerns, and that five acre tracts are usually found in rural areas. He commented that in discussions with the Lake County Local Planning Agency (LPA) there have been properties from five to forty acres, and that the number they needed to look at was between five and ten acres. He explained that anything greater than that should be looked at closely.
Commr. Stivender commented that if they had a problem with five acres they could go back and change it if necessary, and with that flexibility they could go back and look at the maps to determine whether or not they needed an environmental assessment.
Mr. Sheahan stated that they now have a biologist on their staff, Ms. Jennifer Cotch, who performs site visits. He explained that they need to locate any evidence of Scrub Jay habitat or gopher tortoises on some of the acreage.
Commr. Cadwell announced that although this was not a public hearing anyone wishing to speak regarding the issue at hand could address the Board.
Ms. Linda Bystrak, on behalf on the Oklawaha Valley Audubon Society, addressed the Board stating that they thought it was a great idea to have environmental assessments done early and with GIS mapping, the County would know when and where to approve developments. She mentioned that they have concerns about the five acre minimum. She explained that if a particular property owner was going to rezone to add new buildings, he may not be able to obtain a mortgage without an environmental assessment regardless of the property acreage. She stated that it would be useful for banks and insurance agencies to know if there had been an historic structure, Indian sites, an old cemetery, or the presence of a flood plain on the property. She explained that she was not associated with any environmental companies, but was aware that the Board depended on them for an objective analysis of what is on a piece of property. She stated that she thought five acres or less should not be exempt.
Mr. Ron Boddicker, as a representative of Nature Conservancy, commented that the five acres or less constitutes the viable home of small mammals and reptiles and wished to remind the Board of this fact. He appreciated the concern for the landowner in terms of the cost. He stated that some landowners with less than five acres would appreciate information to this effect.
Commr. Hill questioned whether the items mentioned by Ms. Bystrak such as flood plains and Indian sites, would be incorporated in title insurance in a real estate transaction.
Mr. Sheahan responded that this threshold was not referring to waiving an environmental assessment entirely, but that it was required at all site plans. He stated that what staff asked for was direction to place that requirement earlier in the process on certain properties during the rezoning phase. He explained that the advantage to a property owner was that they would be made aware of any issues with the property earlier. He commented that if they had this done when they got to site plan, they would not have to redo it, but simply update their report. The cost would not be incurred again and would be significantly less. He reported that the analysis was typically done in the rezoning phase. The site plan is also an area where Phase I or Phase II environmental assessment is required. He explained that an environmental assessment in their Code was looking at the natural resources on the property. He reported that a Phase I Environmental Report under the National Environmental Protection Act (NEPA), which is typically required, looks at soil contamination and hydrology and was a very intensive report. He stated that some financial institutions require it for commercial development. He explained that what is described in this motion is a “bugs and bunny” report, not the grand scale report.
Commr. Hill asked if they would still have to have it done at a later point.
Mr. Sheahan stated that they typically did not require it unless there was some evidence that it was necessary. He commented that type of report was typically required as part of a title insurance process or a real estate transaction. He commented that it would not preclude a property owner having it done on their own initiative.
Commr. Renick stated that they are trying to tighten things up and get information sooner. She stated that environmental assessments have always been in place, but this is getting the assessment prior to the completion of the site plan, to obtain that information when they were making land use decisions. She commented this was usually done on larger pieces of property. The smaller pieces, as Brian mentioned, are usually closer in and are already impacted as far as the flood plain, cleanup site, and bank requirements. She stated that she thought this was a huge improvement in the right direction and that site visits with the small parcels would be done at a later date.
Commr. Stewart questioned whether land parcels less than five acres would also have to do an environmental assessment.
Mr. Minkoff responded that it was a rezoning request for residential use and if a site plan is not required, it would not be done. He stated that not every case gets an assessment.
On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board directed staff to develop and advertise an Ordinance amending Land Development Regulations to require an environmental assessment as part of a rezoning request with the recommendations brought forth from staff.
STATE ROAD 50 AS CORRIDOR FOR STUDY OF MASS TRANSIT
Ms. Cindy Hall,
Commr. Cadwell suggested that this item be added to the Agenda.
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved placing said item on the Agenda requesting the Board support Resolution No. 2007-19 designating S.R. 50 Corridor as appropriate for study for future Mass Transit from Orange County to Lake County.
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved a letter supporting Resolution No. 2007-19 designating S.R. 50 Corridor as appropriate for study for future mass transit from Orange County to Lake County.
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
RESOLUTION NO. 2008-5 FRIENDS OF THE LIBRARY STATUE
Commr. Hill presented a Resolution from Friends of the
On a motion by Commr. Hill, seconded by Commr. Stivender, and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2008-5 regarding the commission of a bronze statue called a “Grandmother’s Legacy” as public art promoting reading which depicts a grandmother reading to her granddaughter. The statue would be presented during the Martin Luther King weekend.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
JANUARY WORKSHOP SETTING GOALS
Commr. Renick shared with the Board a letter she received from Ms. Linda Bystrak which stated more eloquently some of the same ideas Commr. Renick had for the Board’s January workshop.
Commr. Renick stated that a number of cities in the County
were looking at some large annexations in January and February. She asked if it would be out-of-line to send
a letter to the cities asking them to postpone those major annexations until
the Board had an opportunity to make decisions related to the Comprehensive
Commr. Cadwell explained that a letter to the cities should be generated as soon as possible asking them to consider postponing large annexations for January and February and inviting the cities to attend the January 29, 2008, meeting.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
PROPOSED KEG ORDINANCE
Stivender requested approval to advertise a proposed Keg Registration
Ordinance. She stated that Ms. Pam
Steinke, Lake County Health Department Administrator, Mr. Gary Borders,
Sheriff, and the Judicial Department of the Clerk’s Office have all worked on
this project. She reported that Lake
County Shared Services brought it forward with the Safe Climate Coalition from
the Lake County School Board. She
mentioned that interested parties present today, all of whom worked toward Keg
Registration, were Ms. Lori Humphrey, Project Manager, Lake County Shared
Services Network; Ms. Debi MacIntyre, Executive Director, Safe Climate
Coalition of Lake County, Inc. (a Shared Services Network Initiative); and many
committee members. She stated that
Stivender stated that under this proposed Ordinance any kegs purchased in
Hill asked if it were a county ordinance, rather than a statewide ordinance,
would it include the unincorporated county or would it include the entire
county. She asked what would prohibit
people from going to the next county to purchase a keg and bring it back into
Lori Humphrey, Project Manager, Lake County Shared Services Network, stated
that at the present time there are over 30 states in the
Ms. Humphrey explained that Ms. Kimberly Williams, Assistant County Attorney, helped draft the ordinance for the County, which states that an unregistered keg within the county limits is a violation of the ordinance.
Commr. Cadwell stated that this was a big problem and that he would vote to advertise it.
The Commissioners had a great deal of concern on how this would be legislated and a full discussion ensued.
Humphrey explained that all kegs purchased in
Ms. Humphrey stated that the main concern with kegs was teen binge drinking. She explained that law enforcement has reported that having a keg, rather than a twelve pack, encourages binge drinking.
Ms. Humphrey stated that historically, statewide legislation had been passed starting out with a keg ordinance in one city who took the lead for other cities within the State to follow.
Ms. Humphrey commented that they had to start somewhere within the State because the age for underage drinking was getting lower and this ordinance would be a first step in trying to restrict minors from. She stated that obviously this would not solve the problem, but it would be a tool to make people accountable for their contributions.
Commr. Stivender stated that quite a few kids in this County die going to parties where kegs were bought by the parents.
Ms. Humphrey mentioned that she actually came across a sign created by a teenager which read: “Tag the keg, not the toe” which was a very powerful statement coming from a teenager indicating he had lost enough friends from drinking.
Commr. Hill questioned why the Clerk’s Office, rather than the Sheriff’s Office, would be handling the paperwork for violations.
Ms. Williams explained that the Sheriff’s Office requested the Clerk’s Office handle the paperwork. She stated that the Clerk’s Office requested Section D. of the Ordinance which specifically outlines their duties.
On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved the request to advertise a proposed Keg Registration Ordinance.
EXPRESSION OF GRATITUDE
Commr. Stivender stated that she would like to thank Mr. Steve Hudak from the Sentinel for the article he wrote promoting health care and bringing attention to cancer and what people need to be doing about it.
Commr. Stivender thanked the Board for giving additional money, as she had requested, to the Transportation Disadvantaged Program while she was out.
Commr. Stivender also thanked everyone for cards, flowers, and food she had received during her absence.
REPORTS - COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
LIASION APPOINTMENTS FOR BOARD AND COMMITEES
Commr. Cadwell reported that with regard to committee appointments, everyone requested the same committees they had previously. He stated that the only concern he had was that last year he decided to appoint one person to the Industrial Development Authority (IDA) and one to the Economic Development Commission (EDC) and he suggested this year one person should represent both committees.
Commr. Cadwell asked if either Commr. Hill or Commr. Stewart had a preference. He asked if Commr. Hill would be willing to serve on both committees, to which Commr. Hill responded she would.
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2008-4 of the Tourist Development Council appointing a member to the Council and providing for an effective date; as well as keeping the same committee liaisons as they now stand except that Commr. Hill will represent the IDA, EDC and its Task Force.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
TRANSPORTATION TASK FORCE MEETING
Commr. Cadwell informed the Board that the first meeting of the Transportation Alternative Funding Task Force would be on January 28, 2008.
Commr. Stivender asked Mr. Minkoff if a Commissioner, other than the liaison for the Transportation Task Force, could attend the meeting as long as he or she did not participate.
Mr. Minkoff responded by stating that all Board advertisements include the language that one or more Commissioners may be in attendance and participate. He stated that as long as the meeting was advertised by the Board, this rule applies.
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1 (CONT’D.)
Commr. Hill reminded the Board of a meeting for Session 3 of the MPO to be held January 9, 2008, and asked if Mr. Fish would like to address the Board with the details.
Mr. T. J. Fish, LSMPO Executive Director, stated that on
Wednesday, January 9, 2008, from 6:00 p.m. – 8 p.m., a Session 3 meeting of the
MPO would be held at the Ag Center and hosted by the MPO and the Board. He stated that after discussions with
CITIZEN QUESTION AND COMMENT PERIOD
No one present addressed the Board.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:25 a.m.
WELTON G. CADWELL, CHAIRMAN
NEIL KELLY, CLERK