A
REGULAR MEETING OF THE BOARD OF
MARCH
18, 2008
The
Lake County Board of
INVOCATION
AND PLEDGE
Pastor
John Bahram, First United Methodist of Tavares, gave the Invocation and led the
Pledge of Allegiance.
Commr.
Cadwell introduced Major Peyton Grinnell from the Lake County Sheriff’s Office,
who was doing an internship for Lake County Leadership Day that day.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, stated that she had handed out a couple of
documents, which were an addition to the vehicle policy called Item No. 6 on
Page 3 that added one additional vehicle as a take-home vehicle and a letter
that she would like to add to the Agenda for some legislative direction as the
legislative session was proceeding and for authorization for staff to proceed
with communicating with legislators. She
reported that they also had Addendum I, which included an addendum to the PPI
contract for construction of Phase I of their downtown construction program as
well as a declaration of March as American Red Cross Month.
Commr.
Cadwell stated that under his business, he wanted to discuss an item regarding
a situation in
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a vote of 4-0, the Board moved to place both the items regarding the letter to
the legislature and the Lake Mack road situation on the Agenda.
Mr.
Sandy Minkoff,
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a vote of 4-0, the Board moved to add the discussion of the Clermont site visit
to the Agenda.
MINUTE
APPROVAL
On a motion by Commr. Renick, seconded
by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the
Minutes of February 19, 2008 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by
a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2,
Items 1 through 7, as follows:
List
of Warrants
Request to acknowledge receipt of list of
warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the
Florida Statutes, which shall be incorporated into the Minutes as attached
Exhibit A and filed in the Board Support Division of the Clerk's Office.
Ordinances
from the Town of
Request to acknowledge receipt of
Town of Astatula Ordinance No. 2008-B, annexing into and including with the
corporate area and limits of the Town the portions and areas of land situate
and being in Lake County, Florida, generally described as that property located
south of County Road No. 48 and north of closed Kansas Avenue, and more
particularly described herein; redefining the corporate limits of Astatula,
Florida, to include said land in the Town; providing for amendment of the Town
Map to include the land annexed hereby.
St.
Johns River Water Management District 2008 Consolidated Report
Request to acknowledge receipt of St. Johns River Water Management District 2008 Consolidated Report, pursuant to Section 373.036, Florida Statutes.
Ordinances
from the City of
Request to acknowledge receipt of Annexation
Ordinances from the City of
Ordinance No. 2007-37, regarding
vacant property – 2.5 acres located north of the Lane Park Subdivision, west of
Range Line Avenue; and Ordinance No. 2007-40, regarding vacant property - .17
acres located east of SR 19, south of Lane Park Cutoff.
Passed and Ordained the 19th
day of December, 2007, by the City Council of the City of
Ordinances from the City of
Request to acknowledge receipt of
City of
Ordinance No. 2007-37
Ordinance No. 2007-40
Ordinances from Town of
Request to acknowledge receipt of
Ordinances from the Town of Lady Lake, as follows:
Ordinance
No. 2008-02
Ordinance No. 2008-03
Ordinance No. 2008-04
Ordinance No. 2008-05
Ordinance No. 2008-06
Ordinance No. 2008-07
Ordinance No. 2008-08
Letter from City
of
Request to acknowledge receipt of
letter from the City of
Commr. Stewart pulled Tab 4 to comment that she thought the citizens needed to know how hard they worked to save a lot of money with that new vehicle and equipment policy, and she commented that Ms. Hall also worked very hard on that and had done a good job. She also emphasized that they were looking for ways to cut in every way they could, and this would be a huge savings for the citizens.
Commr. Renick wanted to pull Tab 5 and asked to postpone it,
stating that it was regarding a contractor that was being cited $500. She explained that he was doing the work at
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to pull Tab 5 and bring it back at a later date.
On
a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by
a 4-0 vote, the Board approved the
Budget
Request
for approval of the following Budget Change Request:
1. Budget transfer – County Transportation Trust
Fund, Department of Public Works, Funding and Production Division. Transfer
$55,628 from Reserve for Operations to Machinery and Equipment. A Fiscal Year 2007 purchase order for $55,628
for two vehicles was not carried forward into Fiscal Year 2008 in error. The two vehicles ordered against this
purchase order were not received until recently due to needed customizing of
the vehicles prior to delivery. The
vehicles and invoices have now been received and funding is needed to pen a new
purchase order to pay for them. Funds
are available in Reserve for Operations.
After this transfer is posted, the balance in the Reserve for Operations
account will be $395,882.
Employee
Services
Request
for approval of the proposed Vehicle and Equipment Policy to replace the Lake
County Vehicle policy, approved 6/19/07.
Procurement
Request
for approval to award five contracts to Clayton Roper & Marshall, Inc., All
Real Estate Appraisal Company, Stricklen Appraisal Services, Diversified
Property Specialists, Inc. and Weigel-Veasey Appraisers, Inc. for their On-Call
Appraisal Services.
Request
for approval to award an Agreement to In Rem Solutions, Inc. for Grant Writing.
FOR
INFORMATION ONLY – NO ACTION REQUIRED.
The Procurement Policy revisions enacted by the BCC on September 27,
2007 delegated authority to the
Request
for approval of a purchase for a “piggyback” from the FDOT contract number
FVPP-05-CA-1 to a purchase the Board approved during the budget process 07/08
for Capital Reference Code TDIS-0802 for a 26-foot Champion Cutaway Bus.
Public Safety
Request for approval to accept the FY
2007 Assistance to Firefighters Grant in the amount of $414,000.00 from the
Department of Homeland Security to be used to upgrade Fire Rescue's breathing
apparatus. Approval of the attached Budget Change Request form and the
Resolution No. 2008-33 form is necessary in order to encumber the department's
portion of the grant ($82,000.00) and to receive the grant funds into the Fire
Control Fund.
Public
Works
Request
for approval of Resolution No. 2008-34 with the State of Florida Department of
Transportation (FDOT) to acquire certain lands now owned by the State for
construction of turn lanes and a sidewalk on CR 19A in Tavares.
Request for approval and signature on
Resolution No. 2008-35 authorizing the reduction of the speed limit on Lake
Louisa Rd (0847) from Hammock Ridge Rd to US 27 from 45 MPH to 40 MPH in the
Clermont Area, Commission District 2.
Request for authorization to accept a
performance bond in the amount of $100,000.00 from Jr. Davis Construction
Company associated with a right of way utilization permit for
Request for authorization to execute
Resolution No. 2008-36 accepting
Eagles Crossing (
Request for authorization to release
a letter of credit for maintenance in the amount of $369,444.29 posted for the
Citrus Tower Boulevard Improvements. This project is located in Commission
District 2.
Request for authorization to award
Max Hooks Road Widening and Resurfacing Project No. 2008-02, Bid No. 08-0007,
to Swell Construction Co., Inc., in the amount of $289,756.50, and encumber and
expend funds in the amount of $289,756.50 from Road Impact Fee Fund Benefit
District 6. Commission District 2.
Request for authorization to award
CR-439/SR-44 Intersection, CR-44/Hicks Ditch Road Intersection and #5562 Orange
Avenue/#
Request to accept a maintenance bond
in the amount of $139,457.60 as surety in accordance with a Developer's
Agreement between
Request for authorization to release
cash funds for performance in the amount of $46,200.00, accept a letter of
credit for maintenance in the amount of $46,960.00, execute a Developer's
Agreement for Maintenance of Improvements Between Lake County and Pillar
Development, LLC and execute Resolution No. 2008-37 accepting the following
roads into the County Road Maintenance System: Wyandotte Drive (County Road No.
0736D) and Peliseur Court (County Road No. 0736E). Pillars Ridge consists of 28
lots and is located in Section 11, Township 23 South, Range 25 East. Commission
District 2.
Commr.
Stewart stated that she would like to pull Tab 22 for clarification.
On
a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved the
Request
for acceptance of Quit Claim Deed and Bill of Sale executed by Chloe
Bonds-Wormack on behalf of South Umatilla Water, Inc. f/k/a South Umatilla
Water Company, Inc.
Request
for approval of Resolution No. 2008-38 amending Resolution 2008-1,
Comprehensive Health Care Committee, to correct a scrivener’s error.
Commr.
Stewart related that one of the citizens involved in the process in Tab 22 had
some concerns, one of which was the mention of owners of residences along
Tomahawk Trail and
Mr.
Minkoff stated that on Page 1 of the settlement agreement, the word
“residences” was struck through and “properties” was included and that the
cover sheet used the incorrect word.
Commr.
Stewart asked if the conservation easements were in place.
Mr.
Minkoff responded that they were not yet, but at the time of planning, they
would be put into effect.
On
a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by
a vote of 4-0, the Board approved Tab 22, the request from the
PRESENTATION
CHILD
OBESITY PREVENTION INITIATIVE
Mr.
Fletcher Smith, Department of Community Services Director, stated that they had
a presentation by the Child Obesity Prevention subcommittee of the
Comprehensive Health Care Committee to talk about a county-wide initiative.
Mr.
Jon Cherry, a resident of Yalaha and Chairman of the Lake County Comprehensive
Health Care Committee, stated that they would like to present an update of
their activities regarding one of the major causes of serious health problems
in the country today, which was obesity.
He reported that at their October meeting, Ms. Annacelia Gander
submitted the case for committee initiative on childhood obesity, which was
warmly received by the committee, and a subcommittee was formed with Ms. Gander
appointed as Chair. After four meetings
beginning last November, the committee recommended that Ms.
Ms.
Gander presented the logo and the slogan
Commr.
Cadwell stated that they would be glad to partner with them, after clarifying
with Ms. Hall that it would not cost anything for the link to the website.
PRESENTATION
-
Commr.
Cadwell stated that they wanted an update on some of the great things the
School Board was doing and how they could coordinate some of that into their
economic development plan. He commented
that he was proud to have the Chairman of the School Board, Mr. Larry Metz, and
Superintendent Anna Cowin there that day.
Superintendent
Cowin noted that the packet they distributed contained three handouts, one of
which showed things such as demographics and the number and types of schools,
which showed that the school system had over 40,000 students, 2,000 bus stops,
5,500 employees, and 6.4 million square feet under roof that they had to
maintain. In the other two packets,
there was some back-up information that was detailed and prepared by her staff
and a copy of the presentation that she would be making. She noted that their school system was one of
the first 200 in the nation to have district accreditation, which involved
going through an extensive presentation, self-evaluation, and evaluation by a
team of 13. She pointed out that the
County no longer had any F schools and that 74 percent of their schools were
either A or B.
Mr.
Metz commented that they were working on improving the grades for the high
schools, and they had formed a high school reform committee, which would be
reporting to the School Board with some recommendations. He related that they also had granted two
principals’ requests for deviations from the standard 4 by 4 block schedule and
commented that they wanted their principals to have the flexibility to drive
achievement at their schools.
Superintendant
Cowin pointed out that since all of the elementary and middle schools were
either A or B schools, they expected that the children coming up into the high
schools would be better prepared. She
stated that they also made the programs in middle school and high school more
rigorous by increasing math and science in the middle schools to prepare and
encourage students to take more advanced courses in high school. She also reported that they were one of the
top four in the State in how they offered pre-kindergarten to almost 1000
students, noting that students that had been in the program had been shown to
be very successful when they entered school.
She related that foreign language instruction had been a requirement by
the Statutes for years, but they had never had elementary school foreign
language before. However, they now had
six elementary schools in the County that alternated the morning and the
afternoon to learn everything they needed to learn in both Spanish and
English. She stated that the data showed
that by fifth grade they would be completely literate in both languages. She also pointed out that the technology advances
have been tremendous in the County, including having certified teachers
instruct other teachers how to use technology.
She talked about the Teacher Advancement Program, stating that they
received the highest grant ever in their county of $20.5 million through NIET
(National Institute of Excellence in Teaching) to implement the program. She
explained that the program had teachers in clusters teach each other with a
lead teacher modeling how to teach the specific standards that the students
were missing and that it was necessary for success to be at 100 percent for
every standard that they taught under this model. She reported that
Superintendent
Cowin stated that the School Board has committed $10 million towards a magnet
high school, which was becoming a realty.
She commented that the students who attend this school will be able to
finish high school at the same time as they get an Associate of Arts degree, an
Associate of Science degree, or a certification in a health-related
profession. She related that it would be
in cooperation with
Mr.
Metz explained that the School Board was currently working on the interlocal
agreement between themselves, the college, and the hospital board and had hoped
to have it done in the next month or so. He stated that that would set the
stage to get the architect on board and bring together the realization of this
facility in
Commr.
Cadwell asked what the anticipated enrollment was.
Mr.
Metz answered that they have come up with a budget model that showed that they
needed to have at least 600 students enrolled to operate in the black, which
was one of his priorities. He believed
that there would be at least 600 students interested in attending that school,
but they needed more money than they currently had in order to have capital
facilities for 600.
Superintendent
Cowin stated that they had gotten a lot of grants in history, and they developed
a course in forensic science which was adopted by the State. She commented that her curriculum department
has worked very feverishly on curriculum that would be consistently taught in
every course in every grade, how it was paced, and end-of-course testing, and
they were currently working on having a common test that everyone had to
take. She also reported that the School
Board has been very active regarding construction, and they have completed
three schools in one year. She noted
that previously all the sales tax revenue was used for replacement of some of
the facilities, but they currently were actually getting new student stations
without giving up the replacement of schools.
She thanked the Board for their cooperation regarding the construction of
Elementary J.
Mr.
Metz reiterated their appreciation of the Board’s efforts in working with them
in the siting of Elementary J and stated that he thought it was an exciting
opportunity to partner with them for the completion of that school facility in
conjunction with the regional park the Board had planned there. He pointed out that the School Board was also
attempting to have this school designed to meet LEED certification, but they
had to investigate what that would involve in terms of the cost, and their goal
was to build that school as an environmentally conscious facility. He related that he would be addressing the
issue of water and sewer hookups with the City of
Commr.
Cadwell offered the Board’s help with getting the utilities they needed for
Elementary J from the City of
Superintendent
Cowin mentioned other things the school system had accomplished, including seat
belt requirements, a student television show, mentoring program, diversity
program, and the highest participation in the world for Junior Achievement in
2006-2007. She reported that she just
met with their financial officer, and they have been very successful in
planning their budget and having stability, but next year they expected that it
would get a little tighter, and she expected to see another four to five
percent cut in the school district. She
related that their growth was slowing, but they were very close to their
projection last year. She opined that in
general, she thought that Lake County Schools has done a tremendous job, with a
stable budget, sound student achievement, and an educational delivery where
teachers were trained in the individual school sites in a way that was second
to none in the state.
Mr.
Metz complimented the Board on the economic diversification initiative that
they had been working on and thanked them for allowing the School Board to have
a seat at that table. He commented that
it was important to diversify the economy so they were not so heavily dependent
upon residential ad valorem revenues for school capital funds. He mentioned they were getting toward the end
of their superintendent search, and the two finalists were Dr. Susan Moxley and
Dr. Eric Williams, whose applications could be found on their website. They were anticipating a decision by about
April 14 identifying the person selected for that position.
REPORTS
– COMMISSIONER STEWART, DISTRICT 4
FIRST
ROBOTICS PROGRAM
Commr.
Stewart related that there was an item that she was going to bring up under her
business that had to do with the school system and economic development and
thought that she should present it while Superintendent Cowin and Mr. Metz were
still present. She stated that Ms.
Dottie Keedy, Economic Growth & Redevelopment Director, first brought the
First Robotics program to her attention, and Ms. Keedy immediately saw the
potential in it for the County and the schools.
She asked Ms. Keedy to present some information regarding that program.
Ms.
Keedy reported that FIRST (For Inspiration and Recognition of Science and
Technology) was a non-profit organization that was dedicated to introducing
young people to science and technology careers.
She explained that they created teams of students that bought a kit for
$1,500 and built a robot to participate in a competition. She mentioned that there was currently one
team in
Commr.
Stewart mentioned that she, Ms. Keedy, the Commissioner of Education, the head
of NASA, high-tech corridor representatives, and huge corporations were
there. She added that there were teams
of about 12 who handled every aspect of it, including public relations, building
robots, and planning, and they used every area of learning. She related a story about the captain of the
team, who two years ago was on the brink of flunking out and quitting school,
but after getting involved with the robotics team, became a solid B student and
was going to graduate with good grades and a very good future ahead of
him. She was hoping they could work with
the School Board, corporate sponsors, and the community to put this in every
school, starting with the elementary grades.
She opined that it would be relatively inexpensive.
Ms.
Keedy added that they would need to get volunteers to be teacher and mentor
sponsors, as well as the corporate sponsorship, but the cost would be very
minimal.
Commr.
Stewart commented that she thought retirees would make great mentors and that
Mr.
Metz related that he was prepared to work with the Board and to perhaps
designate a School Board member to work on a joint committee to study how they
could develop a public-private partnership to get the funding they would need
for some of the robotic kits and to institute the program in their system.
Commr.
Cadwell stated that by consensus they agreed that Commr. Stewart could work on
that.
Commr.
Stewart accepted that responsibility and mentioned that Ms. Keedy would be
presenting this to the Economic Development Task Force.
Superintendent
Cowin reported that she believed that they now had this program in four of the
County’s high schools.
COMMUNITY
SERVICES
CTD/ACHA
MEDICAID NON-EMERGENCY TRANSPORTATION AGREEMENT
AMENDMENT
Mr.
Ken Harley, Public Transportation Manager, related that they were asking for
approval of an agreement with the Commission for Transportation Disadvantaged
to increase their funding under the Medicaid Non-Emergency Transportation
Program. He mentioned that they have had
two cuts during the current fiscal year, but now they were having their funding
restored back to them. He reported that
they were currently receiving $39,000 a month from the Commission for Medicaid
Transportation, but under this agreement, that funding would go up to $84,000
per month. He stated that they would
also like to continue with the prioritization of their trips under the TD
program.
On
a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by
a vote of 4-0, the Board approved Tab 25, the request from Community Services
for approval of the CTD/ACHA Medicaid Non-Emergency Transportation Agreement
Amendment No. 6 from February 29, 2008 through June 30, 2008.
PURCHASE
OF 23-FOOT CUTAWAYS
Mr.
Harley explained that under their agreement with Florida Department of Transportation
under the 5310 program, each year they awarded them vehicles for their
paratransit program. He stated that this
year they awarded them five vehicles, but they were requesting to reduce that
to four vehicles and purchase a larger bus to have a backup on their
fixed-route system. He mentioned that
currently they had one International, and they also used some of the Cutaways
from the paratransit system as a backup in that system. He commented that whenever they had one of
the paratransit vehicles in the system, ridership diminished on that day about
12 to 14 percent, partly because of the fact that all of their paratransit
buses looked alike and people were not aware that there had been a change in
the system and that one of the Internationals or the Bluebirds were not on
there. He assured the Board that this
would not cost the County any additional funds, because their ten percent match
would not change the result of this, but it would serve as an excellent backup
system for their fixed-route. He also
pointed out that this did not have any impact on the two
On
a 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 purchase for a piggyback from the FDOT contract number
FVPP-05-CA-3LF and FVPP-08-SC-TP to the Capital Reference Code TDIS-0801 for 5
23-foot Cutaways already approved by the Board and approval to reduce the
Florida Department of Transportation Section 5310 Grant Award for FY 2007-2008
from five to four vehicles.
MEMORANDUM
OF UNDERSTANDING FOR PLANNING GRANT
Mr.
Fletcher Smith, Community Services Director, stated that this was a Memorandum
of Understanding with the Department of Children and Families to implement the
Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant, which
was a planning grant. He explained that
they would be working with the staff from Lifestream and criminal justice
providers in
Commr.
Cadwell commented that this was basically a jail space issue for them, and they
needed to do everything they could to improve that situation.
Mr.
Smith responded that it was looking at ways to handle people who were
incarcerated and who had problems, but did not necessarily need to be
incarcerated and that would do fine in a community-based treatment program.
Commr.
Hill related that an assessment team was coming to
Mr.
Smith reported that on Friday, April 11 they would have a community meeting as
well as a public meeting of the Public Safety Coordinating Council, and
everyone that wanted to come to make comments about this type of a program was
invited.
On
a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a
vote of 4-0, the Board approved Tab 27, the request from Community Services for
approval of Memorandum of Understanding for Planning Grant – Criminal Justice,
Mental Health and Substance Abuse Reinvestment Grant between Lake County and
the State of Florida, Department of Children and Families; and approval of
Resolution No. 2008-39 of Unanticipated Revenue and Budget Transfer of $60,000
from General Fund Reserve for Operations for the required local cash match.
PUBLIC
HEARINGS
PROPOSED
USES OF FY2008-09 CDBG FUNDS
Mr.
Bill Gearing, Community Enhancement Coordinator, stated that this was the
prepublication hearing for next year’s CDBG (Community Development Block Grant)
program and was the first step in preparation of the CDBG one-year action plan
for 2008-2009. He noted that as required
by the U.S. Department of Housing and Urban Development, this public hearing
was announced in the
Mr.
Gearing continued to report that with the urban county partners, Astatula would
be adding additional improvements to
He
stated that next year they basically wanted to continue the activities that
they have been doing, such as the Community Enhancement Area Program, the cities’
improvement projects for next year, the Community Health Care Worker Program,
and the Housing Rehabilitation Program.
He also reported that it was estimated that they would receive a little
over $968,000 for the CDBG program next year, which was $18,000 less than they
received this year, and they planned to reduce funding in the administration
portion of the Community Health Worker Program by about $3,000, since it would
not need as much start-up funding as this year.
They also planned to reduce the overall administrative program by the
other $15,000 by reducing staff travel and training and delaying some of the
equipment replacement that was planned.
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. Hill, seconded by Commr. Stewart and carried unanimously by
a vote of 4-0, the Board approved the proposed uses of FY 2008-09 Community
Development Block Grant (CDBG) funds.
ORDINANCE
CHANGING SECTION OF LAND DEVELOPMENT REGULATIONS
Mr.
Sandy Minkoff,
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
AMENDING SECTION 10.01.01, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT
REGULATIONS, ENTITLED GENERAL STANDARDS AND REQUIREMENTS, TO LIMIT THE SIZE OF
ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr.
Renick commented that a particular case in South Lake County brought the need
to look at this again, because of the size of the accessory structure, but she
had concerns regarding the first requirement listed in the ordinance for
location of accessory structures on residential or agricultural zoned lots,
which stated that there had to be a permitted principal structure on the
parcel. She did not understand why they
had to require that a house be built before a barn, dock or tool shed would be
permitted on the lot, and she thought it seemed a little strict.
Commr.
Cadwell commented that he understood that requirement for residential, but for
agriculture, he had the same question.
He asked if someone who had ten acres that was zoned agriculture would
be able to build a barn.
Ms.
Terrie Diesbourg, Zoning Director, explained that they could build a barn if
they were a producing farm, and they had what they called a nonresidential farm
waiver, which allowed residents to build a structure to store their equipment
for their farm.
Commr.
Cadwell stated that he had a problem with that, especially for his area.
Commr.
Stewart also voiced concern regarding this policy.
Mr.
Minkoff explained that if they were going to make a change, they could not do
it today, and they would have to bring back a new ordinance, since it was not
advertised for that. He related that
typically agricultural buildings were exempt from that provision, so if they
were engaged in an agricultural pursuit, they would not have to get a zoning
clearance or a building permit to put a barn up pursuant to State law. He commented that this ordinance was aimed at
owners of a lot in a residential neighborhood putting a dock in, partying on
the lot, and causing problems in the neighborhoods.
Ms.
Diesbourg explained that the biggest problem that sometimes tended to happen in
the agricultural areas was that the accessory structure at some point somehow
turned into a house.
Commr.
Stewart opined that she did not think people should be penalized for other
people who would break the law, and she thought it would be horrible if someone
who had ten acres with a pasture could not build a barn on that for their
horses.
Commr.
Cadwell commented that it was apparent that the majority of the Board was not
comfortable with what they had in front of them.
Ms.
Diesbourg clarified that they were looking mainly at agricultural uses for
horses, barns, and that type of thing.
Commr.
Hill related that she was given the impression that agriculture zoning would be
exempt, but it did not read that way now.
Mr.
Minkoff pointed out that the genesis of this ordinance was that someone had a
house in agricultural zoning, and they built an accessory structure that was a
very large metal building. He explained
that the neighbors complained that it was out of character. He noted that the exceptions listed in the
proposed ordinance came from a realization that the nature of barns was that
sometimes it would be necessary to be larger than the house.
Ms.
Diesbourg specified that it was a 600 square foot house with an extremely huge
structure in R-1 zoning.
Commr.
Hill added that part of the problem was where they put it and the design.
Mr.
Minkoff warned the Board that if they allowed anyone to put in an accessory
building without the principal structure, it did not necessarily have to look
like a barn. He suggested that they
think about some additional standards that could use to avoid those kinds of
problems.
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 moved to deny the proposed ordinance changing Section
10.01.00 of the Land Development Regulations limiting the size of accessory
structures in relation to the size of the principal structure.
RECESS
AND REASSEMBLY
At
10:30, the Chairman announced that there would be a ten minute recess.
ADDENDUM
1-I
FACILITIES
DEVELOPMENT AND MANAGEMENT
APPENDIX
M OF PPI CONTRACT FOR PHASE I OF DOWNTOWN PROJECT
Mr. Jim Bannon, Director of Capital
Construction, stated that this presentation would be regarding Phase I of the
downtown campus project budget, inclusive of the GMP (Guaranteed Maximum
Price), and he referred the Board to an earlier distributed document
package. He mentioned that the Board
previously approved the CM (Construction Management) contract with PPI for initial
services to bring the project to GMP pricing and that Phase I of the GMP was
now complete and included the parking garage, central energy plant, and
Constitutional Officers building. He
noted that additional items were also presented which made up the overall Phase
I project budget. He sought approval for
the Phase I project budget in the amount of $43,156,164, inclusive of the Phase
I GMP, allowances, and contingency to be deemed necessary by the Director of Capital
Construction. In addition, he sought
approval to execute an addendum to PPI’s CM contract for Phase I GMP in the
amount $39,343,966. He added that all of
the above approvals were subject to review of PPI’s insurances.
Commr. Cadwell commented that he
really appreciated the transition made by the architect and PPI after having to
change contractors in mid-stream, and Mr. Bannon had informed him that
everything had gone very smoothly.
Commr. Hill wanted to point out that
they had included the LEED certification in this project and asked Mr. Bannon
what level of certification it would be.
Mr. Bannon answered that it was basic
LEED certification, and he commented that good practice currently meant that a
lot of the LEED issues were already covered in the documents as they
stood. He pointed out that the LEED
certification was only for the Constitutional Officers building and not the
parking garage or the central energy plant.
He also added that as with all of the allowances, their hope was that
they would not have to spend all of those allowances.
Commr. Hill had some questions about
the line items on page 32, Item No. 1100 and 1110 in the handout regarding the
soil contamination. She stated that they
set aside in an escrow account from the former owner some escrow amounts for
soil contamination, but there were several other sites within that construction
that they would have to look at regarding soil contamination, so she wanted to
clarify whether that was over and above the escrow amount.
Mr. Bannon related that he believed
they were carrying those allowances for any contamination that would occur
throughout the whole of the central energy plant, the parking garage, and the
Constitutional Officers footprint. He
asked Mr. Minkoff to explain where they stood in regard to money in escrow for
the Belton property.
Mr. Minkoff reported that they
actually had three contamination issues on the two sites, one of which was
discovered more recently. He specified
that where the tanks were on the Belton site was in the State program for
remediation, so the State has been picking up those costs, and there was also
an oil tank cleanout area on that site that Mr. Belton was responsible for
paying the cost of getting cleaned up, per the County’s agreement with
him. He stated that at the
Commr. Hill wanted to point out that
the mock up courtroom needed to be done now, even though it would be connected
to Phase II, and those dollars were included in the first phase. She suggested taking those items out of the
GMP contract section and placing them into a separate contingency or on their
contingency allowance separately.
Mr. Bannon stated that they might
have to keep the courtroom mockup number in there, because PPI had bid that out
to a subcontractor, but that they could certainly pull the $250,000 out of the
GMP and put it into the line item that they have for contingency, which was in
the overall budget.
Commr. Hill stated that they would be
looking at the 2.5 percent cost for furniture that was listed on Page 64 of the
handout. She also wanted to point out
that the General Conditions and Management Fees, which were the contractor’s
overhead and profit, came in at 11.9 percent as opposed to a commonly charged
cost of 16 to 20 percent.
Commr. Stewart announced that Mr.
Bannon was doing a great job of keeping expenses down and was looking to cut
everywhere he could to save taxpayers money.
She commented that it was a priority of the Board to make sure they
spent their money wisely, and they were working hard to keep expenses down.
On a motion by Commr. Hill, seconded
by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved
Addendum 1-I, the request from Facilities Development and Management to execute
an addendum to PPI’s contract as Appendix ‘M’ for approval of Phase I contract
GMP (Guaranteed Maximum Price) in the amount of $39,343,966 and approval of the
overall project budget for Phase 1 in the amount of $43,156,164, which includes
the Phase 1 GMP amount, allowances and contingency amount to be used as deemed
necessary by the Director of Capital Construction.
ADDENDUM 1-II
REPORTS – COMMISSIONER STIVENDER
AMERICAN RED CROSS MONTH PROCLAMATION
On a motion by Commr. Stewart, seconded
by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved
Proclamation No. 2008-40 designating March as American Red Cross Month.
REPORTS -
FIRST AMENDED INTERLOCAL AGREEMENT
WITH SCHOOL BOARD
Mr. Sandy Minkoff,
On a motion by Commr. Stewart,
seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board
approved the First Amended Interlocal Agreement between
DODGE DEALERSHIP SITE IN CLERMONT
Mr. Minkoff reported that on Friday,
March 14, he and Ms. Cindy Hall,
Commr. Cadwell asked if they needed
to commit any funds to that.
Mr. Minkoff responded that they would
put a deposit down with the Clerk, and the contract would be worded so that the
Board would have very wide discretion in determining whether to close, which
provided little risk. He also explained
that there would be a financial commitment of about $20,000 to $25,000 for
appraisals and those types of things.
Commr. Cadwell directed Ms. Hall to
have staff look at the building users’ needs and get back to the Board
regarding whether anything would have to be done to accommodate them, and he
commented that as long as there was no chance of losing the down payment money,
he thought they needed to move ahead with it.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board
moved to proceed with the recommendations from the County Manager and the
County Attorney regarding looking into the purchase of the old Dodge dealership
building in Clermont.
PLAAC INFORMATION PROCEDURES
Mr. Minkoff mentioned to the Board
that at the next meeting they would have the PLAAC information coming up and
that the offers and appraisals would continue to be confidential. He noted that he preferred for the Board not
to use the language specifying prices of properties and to use code
instead. He related that he wanted the
discussion to go strictly on the offering prices and not disclosing those
prices. He explained that they had it
structured so that everything would remain confidential until the Board made
their decision, and they then would sign a contract, which would require a
30-day period where they would have everything public before they made the
final decision.
COMMISSIONER
STEWART – DISTRICT 4
CONTROL
OR CHAOS DISASTER PLAN THROUGH
Commr.
Stewart reported about a new program that neighborhoods could use during a
natural disaster in
COMMISSIONER
CADWELL – CHAIRMAN AND DISTRICT 5
RESOLUTION
NAMING HWY 27 “PURPLE HEART HIGHWAY”
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a vote of 4-0, the Board approved Resolution No. 2008-41 supporting efforts to
name that portion of US Highway 27 which passes through Lake County as “Purple
Heart Highway.”
LETTER
TO LEGISLATORS IN OPPOSITION TO HB 683
Ms.
Cindy Hall, County Manager, stated that they would like approval to send a
letter to the legislators regarding the opposition of certain aspects of House
Bill (HB) 683, which eliminated the ability of counties to perform certain
construction projects on an in-house basis that were typically over
$200,000. She stated that they would
like to be able to have that flexibility and felt that they could do those
projects on occasion at a much better value than if they were to bid them
out. She also asked for approval to
monitor the legislative issues that were coming up at the legislative session
and communicate with the legislators as they had done in the past, as long as
they were supported by fact official positions.
Commr.
Cadwell commented that there was a time when the County had to get into the
business, because contractors were not making realistic bids. He commented that their hands would be tied
if this bill was passed.
Mr.
Jim Stivender, Jr., Public Works Director, gave an example of a job in 2006
that had only a couple of bids for the amount of $1.2 to $1.3 million, and they
were able to do the job in-house for $800,000, saving the taxpayers money. He commented that a lot of those kinds of
things occurred during that time frame all over
Commr.
Cadwell commented that the County ought to have the right to do those jobs
cheaper themselves.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a vote of 4-0, the Board moved to support the sending of the letter to the
legislators and to support future communications supported by fact positions.
PLIGHT
OF GOOD SAMARITAN MAINTAINING DIRT ROADS
Commr.
Cadwell brought up the plight of Mr. Travis Williams of
Mr.
Minkoff explained that Mr. Williams had been digging up some dirt on his land
and getting a truck to take it out to be spread on roads in the area that
needed maintenance. He stated that this
situation came to the attention of the regulatory staff at Environmental
Services, who considered it technically mining.
He related that they started to look at the Code Enforcement process and
concluded that mining was not an option on his property, but they came up with
a solution of having the County dump dirt that they needed to get rid of onto
Mr. Williams’ property, which he could use to fix the roads. He recommended that the Board approve that
solution.
Commr.
Renick commented that this worked out better for everyone in the long run.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a vote of 4-0, the Board directed the
CITIZEN
QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, Northeast Lake
Chamber of Commerce, thanked the
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:15 a.m.
_________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL
KELLY, CLERK