A REGULAR MEETING OF THE BOARD
OF
APRIL 15, 2008
The Lake County Board of
INVOCATION
Mr. Ken Harley, Public
Transportation Manager, gave
the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Cindy Hall,
On a motion by Commr. Hill,
seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved
to place said items on the Agenda.
MINUTE APPROVAL
Regarding the Minutes of March
25, 2008, Commr. Renick requested the following:
On Page 10, Line 7, add
additional language making it clear that the memorandum referred to was from
her and the list referred to was from Ms. Rosie Mulholland.
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 26, 2008 (Regular Meeting - Resubmitted), as amended; March 7, 2008 (Special Meeting – Budget Workshop - Resubmitted), as presented; March 11, 2008 (Special Meeting – Water Issues), as presented; March 18, 2008 (Regular Meeting), as presented; and March 25, 2008 (Regular Meeting), as amended.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Court’s Consent Agenda, 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.
Lands Available List
Request to acknowledge receipt of
property placed on the Lands Available List.
Annual Financial Audit and Report
for FY 2006/2007 for Lake
Request to acknowledge receipt of Annual Financial Audit for Fiscal Year 2006/2007 and Annual Financial Report for the Lake County Water Authority.
Community Redevelopment Agency Annual Report for FY 2006/2007 for Mascotte
Request to acknowledge receipt of
City of
Ordinances from Town of
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinance No. 2007-01
Ordinance No. 2008-09
TIME CERTAIN PRESENTATION
COMPREHENSIVE ANNUAL FINANCIAL
REPORT
Mr. Neil Kelly, Clerk, informed the Board that the Clerk’s Office was pleased to present to them the Comprehensive Annual Financial Report (CAFR) for the year ending September 30, 2007, containing the financial statements of the County and all the constitutional officers.
Ms. Barbara Lehman, Chief Deputy
Clerk,
Mr. Dan O’Keefe, Partner, Moore, Stephens, Lovelace, P.A., presented the Board with the CAFR for 2007, stating that it was a pleasure to bring the audit to a close. He complimented staff on the document, noting that he felt they had done a wonderful job in putting it together. He stated that the County is in very good fiscal condition - that it is not over-leveraged, it has the ability to borrow, and it has a strong equity position, which is exceptionally good. He noted that next year a lot of new auditing standards will be coming out, but that it should not have that much of an impact on the County.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board accepted the Comprehensive Annual Financial Report, as presented.
Commr. Stewart requested that
Tab 23 be pulled, to allow a change to be made in the request, and Commr. Hill
requested that Tabs 11 and 14 be pulled, for discussion.
Regarding Tab 11, a request for
approval to advertise an Amendment to the Nuisance Abatement Ordinance, Commr.
Hill discussed a concern she has about the proposed height requirement for
grass to be considered a code violation, noting that she feels it may put some
people in a bind, during those months of the year when grass grows so quickly
and people may be on vacation.
Mr. Ron Collodi, Code
Enforcement Director, addressed the Board stating that his department is
running into a problem with winter residents involved in foreclosures, noting
that neighbors are having to wait as much as three months before grass is
actually 18 inches high, to where the County can cite the property owners and
give their neighbors relief from rats and/or snakes. He stated that he was requesting that the
height of the grass be lowered from 18 inches to 8 inches for the code
violation, but that cases will be handled on a case by case basis.
Discussion continued regarding
the matter, at which time it was determined that 10 inches might be a better
height than the proposed 8 inch height.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Growth Management for approval to advertise an amendment to the Nuisance Abatement Ordinance, increasing the height of the grass for a code violation from the proposed 8 inches to 10 inches.
Regarding Tab 14, Commr. Hill
stated that it looked to her like asphalt services for the County was
originally bid out in 2004 and that, in lieu of the actual services that the
County is contracting for, there have been a lot of changes in cost since then
and that, if the County piggybacked onto the bid from 2004, without going out
to bid, questioned whether it was not a long period of time not to have gone
out for bid.
Mr. Barnett Schwartzman,
Procurement Director, addressed the Board stating that the current contract
arrangement that the County is using had a sudden unexpected issue come up,
which prevented the County from continuing to use it, and it takes
approximately three to four months to come up with a new contract, so staff was
proposing that the County piggyback onto the St. Johns County contract strictly
for continuity of services. He stated
that it would not be long-term, that it would only be until the end of the
fiscal year.
It was noted that this item
would remain on the Consent Agenda.
Regarding Tab 23, Commr. Stewart
requested that the language pertaining to the sunset provision, contained in
Section 4, on Page 2 of the Ordinance, be deleted and have language added (not
to be included in the Code), requiring the County Manager to monitor the lake
over a six month period and bring back to the Board a report of what has
occurred on the lake during that six month period.
A brief discussion occurred
regarding the fact that the people that live on the lake can use any kind of
boat they want, motorized or not, but that people that live in the nearby
neighborhoods cannot use the county park to put their kayaks or canoes into the
lake and they want to be able to do so.
It was noted that said change
would be made, but that this item would remain on the Consent Agenda.
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board
approved the
Budget
Request from Budget for approval of the following:
Budget Transfer – Parks Capital Projects
Fund, Department of Public Works, Parks and Trails Division. Transfer $26,300 from Improvements Other Than
Buildings – General Parks to Improvements Other Than Buildings –
Budget Transfer – Parks Capital
Projects Fund, Department of Public Works, Parks and Trails Division. Transfer $62,119 from Improvements Other Than
Buildings – Pine Forest Park Project to Improvements Other Than Buildings –
Budget Transfer – General Fund,
Department of Facilities Development and Management, Facilities Management
Division, Jail and Sheriff Facilities Maintenance Section. Transfer $510,000 from Repair and Maintenance
to Buildings – Jail Locking System Upgrade Project.
Budget Transfer – General Fund, Constitutional Officers/ Supervisor of Elections. Transfer $167,000 from personal services and operating accounts to accounts for actual expenditures. A transfer is required to reconcile budgets to actual expenditures to cover costs related to early voting poll worker expenses, postage for absentee ballots, and reprographics charges for poll worker materials. Funds available in other personal services and operating accounts.
Community Services
Request for approval of the updated Paratransit Services Rider's Guide for Lake County Connection, contingent upon approval of Tab 37.
Request for approval of the Interlocal Agreement between the County and the Town of Lady Lake to sell LakeXpress Bus Passes (Fixed Transportation Route Passes).
Request for the Board to approve and authorize the Chairman to sign the First Amendment to the FY 2007/08 Community Development Block Grant (CDBG) Partnership Agreement between the Yalaha Community Club, Inc. and the County. The Yalaha Community Club would like to add the ability to purchase property to the scope of work - Commission District 3.
Request for the Board to approve and authorize the Chairman to sign the Third Amendment to the FY 2005/06 Community Development Block Grant (CDBG) Partnership Agreement between the Forest Hills Association and the County - Commission District 5.
Request for approval and signature of the Memorandum of Understanding and the Project Contract between Elder Options and Communities for a Life Time Locality (County); and request for approval of Resolution No. 2008-54, to receive unanticipated revenue from the Florida Department of Elder Affairs.
Request for approval for the Public Transportation staff to submit an application for the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant for FY 2008/2009; and approval of supporting Resolution No. 2008-55.
Request for approval of the following: (1) Appointment of Mr. Fletcher Smith, Community Services Director, or an alternate designated by him, to serve as Lake County Government's representative on the FEMA Board; (2) Appointment of Mr. Jerry Smith, Emergency Management Director, or an alternate designated by the Public Safety Director, as the representative from Public Safety; (3) Authorization to submit a direct application for funding as a Local Recipient Organization, or Fiscal Agent/Conduit for a Local Recipient Organization, if so directed by the FEMA Board; and (4) Authorization for Community Services to manage the program and prepare required plans, reports, and other related documents, as directed by the FEMA Board and/or required by FEMA.
Growth Management
Request for approval of the
Interlocal Agreement between
Request for approval and execution of Release of Fine, Unlicensed Contractor Citation, paid by Mr. Fredrick Fay.
Procurement
Request for approval to piggy-back
the competitively competed Contract No. 06-123 that
Request that award be made to VP Title and Trust, LLC; Titlesearch Associates, Inc.; Title Insurance Services of Florida Inc.; and Booth Ern, Straughan, and Hiott, Inc.
Request for execution of a policy statement establishing a Disadvantaged Business Enterprise (DBE) program, in support of projects utilizing Department of Transportation (DOT) Funding or Grants.
Request that the Board award ITB No. 08-0814, for six (6) three compartment recycling roll off containers, to Wastequip Industrial, in the amount of $37,992.00.
Public Safety
Request from Fire Rescue Division
for approval of Mutual Aid Agreement between
Public Works
Request for approval of Re-certification of Local Agency Qualification Agreement with FDOT.
Request for authorization to amend
the Developer's Agreement between
Request for authorization to amend the
Developer's Agreement between
Request for approval of Resolution
No. 2008-56, authorizing the posting
of 25 mph speed limit signs on the following roads in the Lakes and Springs
subdivision: Gator Point Drive (3121A), Highlander Court (3121B); Spring
Mountain Lane (3122), Hammock View Court (3122A), Mooring Cove Court (3122B),
Otter Creek Court (3122C), Birds Nest Court (3122D), and Cypress Glen Court
(3122E) - Commission District 3.
Request
for approval to advertise Ordinance regarding
Request for approval of Resolution
No. 2008-57, to advertise Public
Hearing for Vacation Petition No. 1128, James J. Jones/First Baptist Church of
Sorrento, to vacate rights of way known as
Request for authorization to accept a maintenance bond, in the amount of $73,514.00, as surety, in accordance with a Developer's Agreement between Lake County and Groveland Shoppes, LLC, Groveland Associates, LLC, and The City of Groveland, regarding the realignment of CR 565A at SR 50 - Commission District 2.
Request for authorization to accept the final plat for Bella Collina North Entrance and all areas dedicated to the public, as shown on the Bella Collina North Entrance final plat; accept a performance bond, in the amount of $2,047,555.40; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Ginn-LA Pine Island Ltd., LLLP. Bella Collina North Entrance consists of 0 lots and is located in Section 11, Township 22 South, Range 26 East - Commission District 2.
Request
for authorization to amend the Developer's Agreement between
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board
approved the
Request for approval of Perpetual
Utility Easement to Sumter Electric, regarding county property located at
Request for approval of Distribution
Easement to Progress Energy, regarding
PRESENTATION
MYREGION.ORG UPDATE
Ms. Shelley Lauten, Project
Director, myregion.org, addressed the Board and gave them a brief power point
presentation, updating them on where myregion.org is going in Phase III, to
solicit the Board’s feedback on where they would like to see it head, as an
organization, and to give them an update on what has been happening with “How
Shall We Grow?”. Myregion.org originally
began as a partnership between the Orlando Regional Chamber of Commerce and the
East Central Florida Regional Planning Council, but now includes public,
private, and civic organizations in seven counties. They think about Central Florida as a way to
be not only an economic engine that can help it be globally competitive, but to
also consider quality of life issues that will help maintain the integrity of
Economic Leadership -
expanded regional medical and research capabilities (Burnham Institute,
Education - PRISM - a regional Pre-K to 20 strategy to improve math and science programs has provided monetary support to district teachers, students, and matching funds to districts for student competitions.
Environment – regional coalition identified key environmental assets – Naturally Central Florida, and Congress of Regional Leaders working to adopt a “Green Print” in 2008.
Fragmentation – Central Florida School Board Coalition – regional organization addressing needs from eight school districts, and The Congress of Regional Leaders – Chairman from seven county commissioners, a mayor representing all city mayors in each county and two members of School Board Coalition.
Quality of Life – Central Florida Regional Commission on Homelessness (3 counties), Social Services White Paper calls for Social Services Alliance, Comprehensive Arts and Economic Prosperity Study, and the Lake County train to Orlando Magic games.
Smart, Quality Growth – 20,000 citizens participated in How Shall We Grow? And established a 50 year growth vision, and through HSWG, the Congress of Regional Leaders have begun establishing regional growth standards, Central Florida Partnership formed Transportation Corridors Task Force to advocate current/future regional multi-modal transportation priorities, four counties and one city unanimously approved 61 miles of commuter rail from Deltona to Poinciana, and a Regional Board of Advisors Forum on Space is slated for May of 2008.
Ms. Lauten stated that, with regard
to How Shall We Grow? and where the County currently is, four key themes came
out of the 2050 Regional Growth Vision, being:
Conservation – what should we conserve and how should we conserve our
lands; Countryside – how do we make sure that agriculture and our cattle
ranches are an important part of the discussion of the future of Central
Florida; Centers - in order to think through the continuing “greening” of
Central Florida, how do we contain population into centers of growth; and
Corridors - connecting those centers with not just new roads, but alternative
forms of transportation that can really help build a better future for Central
Florida. She referred to the
“pepto-bismol” map contained in the power point presentation, which she noted
was the 2050 trend, which 96% of the people spoken to stated that the County
has to avoid at all cost. She stated
that, if they were to focus on all four of those “C’s”, it creates a 2050
vision for Central Florida that is much more pleasing and reverberates to all
of the values in
Ms. Lauten stated that there are
issues scheduled to come before the Congress of Regional Leaders on the six
principles of growth – from preserving open space to providing a variety of
transportation choices; fostering distinct, attractive, and safe places to
live; encouraging a diverse, globally competitive economy; creating a range of
obtainable housing opportunities and choices; and building communities with
educational, health care, and cultural amenities. She stated that, while
Commr. Cadwell informed Ms. Lauten that something that was discussed by the Board at one of their workshops was looking at innovative water conservation ideas and that they thought it might be something that myregion.org might coordinate – to have a region-wide water conservation policy that the Cities and the County could adopt. He stated that the Board felt, once they got something together, they could use it as a blueprint for everybody else and use the myregion.org forum as a way to bring it to them, to which Ms. Lauten responded that she felt that was an excellent idea.
RECESS AND REASSEMBLY
At 9:55 a.m., the Chairman announced that the Board would take a 10 minute recess.
PRESENTATION
Mr. Neil Armingeon, representing the
St. Johns Riverkeeper, addressed the Board stating that his organization is a
non-profit grassroots organization that was founded in 1999, when a group of
citizens concerned about the health of the St. Johns River and, believing that
the Government was not going to protect it or its tributaries, sought a new way
of doing things and created the St. Johns Riverkeeper organization. At that time, they were the 56th
riverkeeper program, but today there are 177 such organizations worldwide. They are all independent and together they
formed the Water Keeper Alliance. They
believe the St. Johns River and its tributaries is the Region’s, the
community’s, and the State’s greatest natural resource and they believe what is
best for the
Mr. Armingeon stated that the
Floridan Aquifer provides over 90% of the State’s drinking water needs and was
once considered to be limitless; however, in 2005, the USGS released a study
indicating that was not the case. They reported
on the enormous groundwater withdrawals between 1950 and 2000 and documented
alarming groundwater level declines and saltwater intrusion throughout the
aquifer. The “all you can drink” party
is over. Because of concerns over water
supply, the St. Johns River Water Management District (SJRWMD) identified the
Mr. Armingeon stated that he lives in
the lower
Mr. Armingeon informed the Board that in his part of the river, they have regular toxic blue/green algae, at which time he noted that Dr. Hans Pearl, who is one of the experts worldwide on the matter, spoke to the University of North Florida on February 6, 2008, stating that cyanobacteria harmful blooms are intensifying and spreading in Florida, due to increasing nutrient (Nitrogen and Phosphorus) inputs; increasing urban, agricultural, and industrial expansion; water use and hydrologic modifications, which play key roles; climate change, which plays an interactive role; and long residence time (slow moving streams), which favors cyanobacterial dominance. He stated that removing freshwater increases residence time and decreases flushing rates, at which time he displayed a photograph of the St. Johns River that was taken in 2005, showing the toxicity of the river, noting that, because river water has a high salt or mineral content, withdrawals will require water treatment by reverse osmosis, which produces by-products, or pollutants, called “concentrate”, which can contain elevated minerals, excessive nutrients, very salty water, and chemicals added during the treatment process, i.e., chemicals to reduce clogging of filters and membranes and corrosion byproducts, and these pollutants will be discharged to the St. Johns River and the concentrate will harm the river’s health, by adding additional pollutants to an already stressed system.
Mr. Armingeon discussed various
proposed projects, such as the Yankee Lake Project, which, when built out, will
remove somewhere between 80 and 84 million gallons of water per day; the St.
Johns River at Deland Project, which will withdraw 64 million gallons of water
per day, requiring 100% reverse osmosis and estimated to cost over $700
million; and the Lower Ocklawaha River (the only significant untapped
freshwater source in the SJRWMD, therefore, will not require reverse osmosis)
project, projected to withdraw 84 million gallons of water per day and
estimated to cost $811 million. He
stated that we are not solving our water problem, we are transferring it from
the aquifer to our rivers and lakes, all of which are shallow and particularly
vulnerable to droughts. Citizens are
concerned that this may only be the beginning of water withdrawals from the
Mr. Armingeon stated that the Water
Keeper Alliance feels the only way to solve the problem, stop water wars, and
save our rivers is not to focus solely on increasing supply, but begin instead
to drastically cut demand, such as per capita water use, and limit growth to
sustainable levels. The bottom line is
planning for the future and investing in the necessary infrastructure and water
conservation now will realistically save billions of dollars and potentially
save the
· Water Conservation – Implement aggressive water conservation programs, with enforcement, before water withdrawal is considered as an option.
·
Reuse – Implement measures that will require
more aggressive goals for reuse in
· Desalinization – Begin meaningful planning processes that will lead to the design and construction of desalinization plants where appropriate.
·
· Develop MFLs that first and foremost preserve and protect the State’s waters and are necessary to begin restoration.
Mr. Armingeon stated that his group
believes the
Commr. Renick informed the Board
that she will be attending a water summit on Friday, April 18, 2008, in St.
Augustine and that she did not want to speak on her behalf, but on behalf of
Lake County, which she feels puts the County in a unique position, noting that
people are assuming, because Lake County is part of the Central Florida
Regional Planning Council, that somehow Lake County is on the same page as
Seminole County. She does not feel the
County is and wants to be able to say that everybody has to address the
problems of water and it is not by taking water from the
Commr. Cadwell stated that he felt the study being done by the SJRWMD, alluded to by Mr. Armingeon, will prove that drawing water from the river is not a good thing.
Mr. Sandy Minkoff, County Attorney,
informed the Board that staff has a dilemma concerning this matter, noting that
approximately four years ago the Board opposed a Consumptive Use Permit for the
Orlando Utilities Commission (OUC), but it was resolved through a settlement
agreement, where the OUC agreed to provide up to 5 million gallons of an
alternative water supply for Lake County, or its cities, and, at the Board’s
direction, staff has been coordinating meetings between the cities and the OUC,
along with the SJRWMD, and the OUC is planning to participate in the Taylor
Creek Project, so, in a sense, the County has been coordinating with the cities
and participating in a project to take water from the St. Johns River. He stated that the OUC is pressing the County
and the SJRWMD for a final decision, because
It was the consensus of the Board to
wait until the SJRWMD completes their study, to see what their findings are,
and that the Chairman and the
The next Water Alliance meeting is scheduled to be held June 2, 2008.
Commr. Renick pointed out to Mr.
Armingeon the fact that there was a request on the Agenda for approval of a
Resolution supporting the St. Johns River Alliance’s creation of a specialty
license plate to support the
COMMUNITY SERVICES
MEDICAID NON-EMERGENCY TRANSPORTATION PROGRAM RESOLUTION
Mr. Ken Harley, Public Transportation Director, Community Services, addressed the Board stating that they had before them a Resolution requesting the Agency for Health Care Administration (AHCA) to be an active participant and keep the Coordinated Transportation System in tact, noting that they are the largest funding partner and often threaten to pull out of the program. He stated that there is a Bill in the legislative session this year that is trying to accomplish that goal, but, at the present time, it is being battered around and rewritten, because AHCA wants to have language in it that gives them the flexibility to be able to pull out of the system, if they choose to do so.
On a motion by Commr. Hill, seconded
by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a
request from Community Services for approval of Resolution No. 2008-58, to support continued coordination of
Medicaid Non-Emergency Transportation through
APPLICATION TO
DISADVANTAGED FOR SHIRLEY CONROY
GRANT PROGRAM
Mr. Ken Harley, Public Transportation Director, Community Services, informed the Board that every year the County applies to the Florida Commission for the Transportation Disadvantaged for a grant under the Shirley Conroy Rural Capital Assistance Support Grant Program, in order to purchase buses, and that staff was requesting permission to apply for two vehicles this year.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for the Public Transportation staff to submit an application to the Florida Commission for the Transportation Disadvantaged, for the Shirley Conroy Rural Capital Assistance Support Grant Program for FY 2008-2009; and approval of supporting Resolution No. 2008-59.
REPEAL OF RESOLUTION CREATING
HEALTH CARE COMMITTEE
Mr. Fletcher Smith, Community Services Director, addressed the Board stating that, at the last Comprehensive Health Care Committee Meeting, held on March 19, 2008, the members of that Committee discussed whether the format that they were currently under was the most expeditious way for them to meet and discuss health care related issues. He stated that, after quite a bit of discussion, they made a motion and unanimously approved the recommendation that the Resolution that created the Committee in 1994 be repealed and that they reform as an independent study group to meet and make decisions and recommendations regarding health care issues. He stated that the hospitals, the Lake County Health Department, and Emergency Medical Services (EMS) would be the core members of the Committee and they have asked that a representative from the Board of County Commissioners be a member of the Committee, as well. He stated that they would meet when it was deemed necessary to do so, but at a minimum, on a quarterly basis.
It was noted that the Committee would not be connected to the County at all.
Commr. Renick informed the Board that, being the Committee falls under the Sunshine Law, it was cumbersome at times for the members, because they could not talk to each other about different issues, so they thought it would be better if they were an independent group.
Commr. Hill stated that she felt it
was a wonderful idea and that she appreciated Mr. Jon Cherry, Director of the
Mr. Smith stated that a lot of the health care issues that need to be discussed by the hospitals and health care services do not come to the Comprehensive Health Care Committee for discussion. The CEOs of the hospitals and the leaders and individuals who make decisions, because of the Sunshine Law, have opted to send designees to the meetings and a lot of times, when issues come up that need action, members that could speak for their organizations are not present at the meetings.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of Resolution No. 2008-63, repealing Resolution No. 1994-19 (as amended), which created the Lake County Comprehensive Health Care Committee.
PUBLIC WORKS
BARRIERS
Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that the County had placed barricades at Roper Boulevard and Hammock Ridge Road, in Clermont, to prevent traffic from cutting through the Spring Valley subdivision and that staff had met with the Homeowner’s Association just before the road was opened and they asked that the County retain the barricades at the site. He commented that the roads have never been open to the public and that the discussion that occurred at the Homeowner’s Association Meeting was that the County needs to work on a traffic plan for that whole subdivision, noting that at the north end there are no rights of way accessing it and at the south end there are driveways accessing it. He feels, if the County would split the subdivision in half and make it pedestrian friendly, but limit it to vehicles, it would resolve the problem, but the County is not ready to do that yet. He stated that, at the present time, the only request before the Board was to retain the barricades that are currently in place.
It was noted that no one was present in opposition to the request.
Commr. Renick questioned, if staff is proposing to barricade the road in the future and make it pedestrian friendly, but prevent vehicular through traffic, why the County would not do it now and was informed by Mr. Stivender that it was because that was not the request before the Board, but only part of the discussion. She then suggested that a time limit be placed on the barricades, so that the issue could be brought back before the Board at a later date for a final solution to the problem, rather than just leaving the barricades up for an unspecified length of time.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval to continue with the placement of concrete barriers at Roper Boulevard and Hammock Ridge Road - Commission District 2, for an additional two years, at which time it will be determined whether the barricades will remain in place, or be removed.
PUBLIC HEARING
AMENDED BUDGET FOR FISCAL YEAR 2008
Mr. Doug Krueger, Budget Director, addressed the Board requesting approval of the amended budget for Fiscal Year 2008, to include mid-year budget adjustments, which will adjust the County’s budget by $26.6 million. The primary purpose of said amendment is to adjust the current budgeted fund balances (revenues) for each of the County’s 57 funds to the audited fund balances, as reported in the Comprehensive Annual Financial Report (CAFR). It brings the total budget from $613.3 million to $639.9 million, or, if the Board went with the figures contained in the backup material, which excludes the Capital Projects funds and the Internal Service funds – the Interfund Operating Transfers, it changes the Operating Budget from $429.9 million to $452.2 million. He stated that most of the fund balances that the Board is being asked to approve will be placed in Reserves, or allocated to specific projects. He stated that the other modifications in the amendment are primarily grant related, where the County is adjusting Revenues and Expenditures to agree with actual line items, for reporting purposes, as requested by the Clerk.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Amended Budget for Fiscal Year 2008, to include mid-year budget adjustments; and Resolution No. 2008-60, adopting a Supplemental Budget for Fiscal Year 2008.
PUBLIC HEARING
CO-PAY RATE INCREASE FOR PARATRANSIT SERVICE
Mr. Ken Harley, Public Transportation Director, addressed the Board stating that they had before them a request to increase the co-pay rate for the County’s Paratransit Service Program from $1.00 to $2.00, as recommended by the Transportation Disadvantaged Coordinating Board. He stated that, in addition to having two public hearings regarding the matter, they also had a telephone line installed, where citizens could call in and leave comments, and had only received two comments over a period of 30 days – one for the rate increase and one opposing it. He noted that they had an email address set up, as well. He stated that the rate increase would generate $193,000 additional dollars per year for the Transportation Disadvantaged Program, which would also be the amount that the Board would have to get from the General Fund for the program.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the co-pay rate increase for the County’s Paratransit Service, as recommended by the Lake County Transportation Disadvantaged Coordinating Board.
OTHER BUSINESS
AFFIRMATION OF APPOINTMENTS TO
BOARD
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board affirmed the reappointment of Ms. Lily Kliot, to serve as the Lady Lake Public Library's Member Representative, and Mr. James Page, to serve as the Alternate Member Representative on the Lake County Library Advisory Board.
REPORTS –
TOLLING AGREEMENT WITH ENVIRONMENTAL PROTECTION AGENCY
Mr. Sandy Minkoff,
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved the Tolling Agreement for Claims with the Environmental Protection Agency, as presented.
CLOSING ON PRESTIGE PROPERTY
Mr. Sandy Minkoff, County Attorney, alerted the Board about the fact that the County will be closing on the Prestige property (former cement plant located within the Christopher C. Ford Commerce Park), noting that he anticipates the closing will take place later this week or next week. He stated that the owners have asked whether they could rent the facility for a couple of months, for the storage of some cement blocks that are currently located on the site. If not, they will remove the blocks prior to closing.
The Board authorized Mr. Minkoff to negotiate a rental agreement with Prestige regarding the matter, unless Commr. Renick, who is scheduled to meet with the residents of The Woodlands subdivision, which is located in close proximity to the former cement plant, on Wednesday, April 16th, reports back to the Board that truck activity on the property will create a problem for the residents of that subdivision.
The
REPORTS –
MEMORANDUM REGARDING DELAY IN
Ms. Cindy Hall,
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved for staff to do so.
SCHOOL RESOURCE OFFICERS PROGRAM
Ms. Cindy Hall, County Manager, stated that the Board asked staff to come up with a proposal for the School Board and the Superintendent of Schools to consider, with regard to them sharing the cost of the School Resource Officers Program, and that she had distributed to them a memorandum suggesting a 50/50 split for the funding of that program. She stated that, if it was acceptable to the Board, she would prepare a letter regarding the matter for the Chairman’s signature.
On a motion by Commr. Hill, seconded
by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a
request from the
REPORTS – COMMISSIONER RENICK – DISTRICT 2
LEGAL REPRESENTATION AT WATER
Commr. Renick informed the Board
that the Water Alliance would like to have legal representation at their
meetings and that she had indicated to them that she would ask whether the
It was noted that the Board did not
have a problem with the
The
CITY OF
Commr. Renick reminded the Board
that they had asked the
Mr. Sandy Minkoff,
It was noted that Commr. Renick
would discuss the matter further with the
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
ST. JOHNS RIVER
On a motion by Commr. Renick,
seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board
approved Resolution No. 2008-61, supporting
the St. Johns River Alliance’s creation of a specialty license plate to support
the
LAW ENFORCEMENT MONTH PROCLAMATION
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2008-62, proclaiming May, 2008, as Law Enforcement Month.
MEETING WITH COUNTY’S LEGISLATIVE
DELEGATION IN
Commr. Cadwell informed the Board that he, the County Manager, and the Director of Public Safety would be going to Washington, D.C., to meet with the County’s legislative delegation, with regard to the County’s legislative agenda, being: (1) a request for $3.5 million for the bus facility; (2) additional dollars for the 800 MHZ radio system; and (3) funding for the Emergency Operations Center (EOC).
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Timothee Sallin, Director of Marketing for Cherry Lake Tree Farm and The Magic of Landscapes, addressed the Board stating that he was very impressed with the information that was presented to them by the representatives of myregion.org and the St. Johns Riverkeeper, noting that he feels the regional discussion that is being held in both cases is very fruitful and helpful to understanding what can be done, as a region, to make sure that it is moving forward in a direction that is going to be not only sustainable for its economic needs, but also sustainable for its environmental needs, community needs, etc. He stated that Mr. Armingeon brought up some interesting points during his presentation about the need for sustainable development that is going to incorporate practices such as energy star, water star, low impact development, and green development. He stated that he is very involved in myregion.org and other organizations, at which time he noted that he had sent the Board some information about The Magic of Landscapes organization, which is a collaborative partnership of many regional players that focus on the issues of quality of life, regional growth, sustainable growth, planning, etc., noting that their particular interests are in the areas of landscaping, green space management, and open space systems development, because they feel that a lot of issues can be solved with an approach that focuses on the outdoor environment. They feel that water conservation issues can be solved in great part by how people manage their landscapes - by selecting the right plants, designing the right irrigation systems, promoting the right maintenance practices, etc., and how they create not only water quantity treatment systems, but water quality treatment systems, as well.
As Chairman of the Board of
Directors for The Magic of Landscapes, Mr. Sallin invited the Board to attend
an event that they are putting on, where there will be nationally recognized
speakers addressing said issues. It is a
program that has been going on for seven years, in partnership with the Florida
Department of Transportation,
-------------------------
Mr. George Wolf, a resident of
RECESS AND REASSEMBLY
At 12:50 p.m., the Chairman announced that the Board would recess until 5:05 p.m., for a Public Hearing on the Heavy Industrial Uses Ordinance.
PUBLIC
HEARING
At 5:05 p.m., the Chairman reconvened the meeting.
HEAVY INDUSTRIAL USES ORDINANCE
Mr. Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, CHAPTER II, ENTITLED DEFINITIONS; SECTION 3.01.02, ENTITLED CLASSIFICATION OF USES; SECTION 3.01.03, ENTITLED SCHEDULE OF PERMITTED AND CONDITIONAL USES; SECTION 3.01.04, ENTITLED KEY TO CONDITIONS IN TABLE OF PERMITTED AND CONDITIONAL USES; SECTION 3.05.00, ENTITLED SCREENING FOR COMMERCIAL AND INDUSTRIAL USES; SECTION 9.01.04, ENTITLED LANDSCAPE REQUIREMENTS; SECTION 9.01.04, TABLE 9.01.04.B.2.A, ENTITLED LANDSCAPE PLANTS FOR BUFFERS BETWEEN LOTS AND RIGHTS-OF-WAY; SECTION 9.01.04, TABLE 9.01.04.B, ENTITLED LANDSCAPE BUFFERS BETWEEN ZONING TYPES; SECTION 9.01.10, FIGURE 2, ENTITLED LAND USE BUFFERING STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Terri Staniec, Business Manager,
Commr. Cadwell stated that he felt the more categories the incinerator was in the better it would be, to which Ms. Staniec replied that, in the table where it lists “conditional use” versus “permitted use”, the Incinerator was strictly under “conditional use”; therefore, should they decide to expand, by being solely under “conditional use”, the County would be able to adjust with them and allow for the expansion, but, if they are under the “permitted use” category, the County would be forced to take half of their property from the potential footprint of the expansion.
Mr. Brian Sheahan, Planning and Community Design Director, addressed the Board in response to Ms. Staniec’s comment, noting that, on Page 2, Line 40, the definition for Incinerator was left in the Ordinance, because that term is used in the Code, as well as in some adopted planned manufacturing districts. He stated that it was left in the Ordinance, to prevent any inconsistency or confusion at a later date. He referred to Page 3, Line 29, stating that, with the definition of Industrial Use, Heavy, the word “incinerator” could be stricken, eliminating any confusion.
Mr. Gary Cooney, Attorney, Richey and Cooney, addressed the Board stating that he had several issues with the Ordinance, one being that, if the Board were to strike “incinerator” from the definition for Industrial Use, Heavy, as Mr. Sheahan suggested, he would assume that the County’s Noise Ordinance would not apply to the incinerator and it is probably the loudest heavy industrial user in Roger’s Industrial Park, where it is located. He was not sure that the Board would accomplish what they would like to accomplish by doing so, however, pointed out the fact that they could probably eliminate the issue altogether, because the major objection that his clients have is that, with the Ordinance, the Board would be making the industries in Lake County non-conforming uses and, when they come to the County with site plan approvals, if they want to expand, etc., they are going to have to meet the tests alluded to and questioned, as Ms. Staniec had questioned, who was encroaching upon whom. He stated that it seemed unfair that an industry that was in the industrial park long before any residential development was in the area should be required to have major expenditures, or not be allowed to expand at all, because of residential encroachment on that industry. He stated that, if the Board were to allow a grandfather provision, it would eliminate Ms. Staniec’s concerns, as well as the concerns of most of his clients.
Mr. Cooney stated that another issue he had with the Ordinance was that, on Page 5, Line 12, under Subparagraph c., it states, “The Hours of Operation may be limited, where properties used for Heavy Industrial Uses are located within 500 feet of the property line of a residential or PUD zoning district…”, at which time he noted that an example he gave at the prior hearing was, if one had a very large piece of property and their use was located on the north end and the residential area that they would be trying to buffer from was located at the south end and it was 5,000 feet away, he did not understand what good it was going to do to have hours of operation limitations, because the property lines abut. He stated that he felt the measurement should be where the use is, not where the property lines touch, and that, if the County were to end up with a large industrial park, it might end up with a situation where one could not possibly hear the user at the north end of the park from the residential area at the south end of the park and it does not make any sense to suddenly open the door for hours of operation limitations, simply based on property lines. Depending upon what the County does with its Noise Ordinance, he was not sure what sounds one would hear at 500 feet that would cause the Board to limit the hours of operation. He commented that he was surprised the Board was hearing this Ordinance without hearing the Noise Ordinance at the same time, because one Ordinance ties to the other, and he did not know how to respond to Subparagraph b. of that section, which states that all developments shall comply with the Lake County Noise Ordinance. He stated that the County currently has a Noise Ordinance, but it does not have the version that is coming before the Board dealing with industrial uses and, until he sees it, he does not know what that 500 foot measurement means, as far as sound is concerned. He stated that it may not have any effect, but, until he sees the two Ordinances together, he does not know if the issue can be resolved.
Commr. Renick questioned why the Board was hearing the Noise Ordinance and the Heavy Industrial Use Ordinance separately, rather than on the same day, so that questions being presented to the Board this date could be answered.
Mr. Sheahan readdressed the Board stating that the Heavy Industrial Use Ordinance is ready, but it was not drafted dependent upon the Noise Ordinance being completed, noting that provisions on noise have already been adopted, therefore, when the Board considers the revisions to the Noise Ordinance, it will only augment the Heavy Industrial Use Ordinance.
Mr. Sandy Minkoff,
Ms. Cindy Hall,
Mr. Cooney stated that, if the Board chose to adopt the Ordinance before them this date, they would be making all the industries in the County non-conforming, which would be unfair to those industries, because they were in place long before residential was constructed in the area. He stated that it would make them non-conforming over something that was not their doing.
Commr. Stewart commented that she felt the developers should share the responsibility, noting that she did not know how the County would do it, but that she did not want the citizens to suffer, because of something that the developers did. She stated that they knew what they were doing when they developed near the industrial park.
Mr. Cooney interjected that, by making the industries non-conforming, he felt the Board would be sending a signal to the rest of the industries that they may not want to be in the County, because the rules have changed and they might have to do something down the road, if they wanted to expand, even a small amount. He stated that there are industries that have located in Lake County that have been in the County for a long time – long before anybody built close to them, that may suffer in the future, because the County has not included an out for them.
Commr. Renick questioned whether the County had a variance process, whereby, if an industry such as Covanta wanted to expand and proved it was a hardship that the County would offer that option to them.
Mr. Cooney stated that, typically, variances are granted because of odd circumstances, such as the geography of the land being goofy, or the layout of the property being odd, noting that the County does not generally grant variances for somebody that just wants to do something, because they just want to do it, but cannot meet the requirements of the Ordinance. He stated that a sheer monetary hardship typically is not a hardship.
Ms. Staniec readdressed the Board stating that she would agree about the need for a grandfathering clause in the Ordinance, noting that she was very concerned about the hours of operation and the Noise Ordinance. She stated that the plant’s turban operates at about 100 decibels, which is regulated by OSHA and something that Covanta addresses internally, however, noted that the residents in the area have commented about the noise of the turbans and the fact that it is a constant presence. Another point she made, with regard to the developments located on the south side of Leesburg, is the fact that the facility is visible from the main roads around the park – that it is most definitely an industrial facility, so the property owners around them had passive notice at a minimum and active notice, as Covanta has made them aware of what the facility does and of the benefits that it brings to the community of a solution to solid waste in renewable energy and the reduction of green house gases. She stated that her concern is the potential expansion of the facility, noting that it appears, if they were to expand, they would have to accommodate the proposed Ordinance and it would increase the cost of the expansion – something that would discourage other industries from moving into the area.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
Commr. Hill referred to Paragraph H. – Buffering of Heavy Industrial Uses, on Page 6 of the Ordinance, stating that she found it confusing the way it currently reads, noting that it states, “Buffering between heavy industrial uses…”, meaning that screening is required between heavy industrial uses and residential uses. She stated that she did not see the need to buffer between said uses in an industrial park and, when she looked at the table and what the County is requiring they buffer with, if the County is concerned about water usage, questioned why they would require that industries do the type of landscaping and watering that is being required between two industrial uses. She suggested that the requirement for buffering between industrial uses be stricken, as far as the LM, HM, and MP zoning classifications in the table are concerned.
Commr. Cadwell interjected that the table refers to land between industrial zoned property and land that is on something else. He suggested that the definition read, “…between heavy industrial uses and adjacent non-industrial land…”, however, was informed by Mr. Sheahan that said wording may become confusing, because said definition is setting the premise for the table on Page 8 of the Ordinance, alluded to by Commr. Hill. He stated that, if one were to go down the matrix in the table to LM and then across the table to LM, they would see that, currently, it states in the Code that a Class B buffer is required for all three of the zoning types referred to by Commr. Hill, being LM, HM, and MP.
It was noted that a heavy industrial use did not need to be buffered from another heavy industrial use, only from another industrial use.
Mr. Sheahan stated that there might be some mitigating factors with the landscaping, noting that, if the industrial use is a dusty one, some additional trees in the landscaping might cut down on some of the dust, however, noted that there are other provisions that should take care of that problem.
Mr. Sandy Minkoff, County Attorney, informed the Board that the Landscape Ordinance, which addresses the entire table being discussed, would be coming before the Board sometime in May and suggested that it might be prudent for them to wait and address the matter at that time, when the Ordinance comes before them. He noted that the current landscape buffer in the industrial zoning use is not a change – that everybody has had to meet it and suggested that the Board wait and look at the uses all at one time, as opposed to trying to change the table at this time.
Mr. Sheahan interjected that, if the Board were to choose to leave the table as it currently is, they would see the identical table within the Landscape Ordinance, when it comes before them for approval, at which time he noted that there are changes being proposed to said table in that Ordinance. He further stated that, if the Board were to approve the Ordinance before them, as is, the current code would stay in place and, when the Landscape Ordinance comes before them in May, if they make the same motion at that time, the language can be stricken from the table and the table will only have been amended once.
Mr. Minkoff stated that there are significant differences in the new Ordinance, with respect to industrial subdivisions and having buffering inside the subdivision, as opposed to having it around the edges of the subdivision, which is not in the current code. He stated that he thought it might be a better time to look at that issue, noting that it would not be a very long delay and what is before the Board this date is not imposing a new requirement that did not exist before now.
Commr. Renick questioned why “incinerator” was singled out in the Ordinance and not just considered as an industrial use. She felt the County should be doing just the opposite, eliminating No. 1 and making sure that “incinerator” was included in it.
Mr. Sheahan stated that it could be done that way, which would make “incinerator” inclusive with heavy industrial uses, however, noted that, if the Board chose to do that, staff would request that the text immediately following, which states, “A facility in which solid waste or recovered materials are disposed of through a burn process.” be put in parenthesis under the definition for Industrial Use, Heavy. He noted a concern that the language stay consistent with the language contained in the Ordinances that have been approved by the County over the years.
Mr. Minkoff interjected that, if the Board chose to do what Mr. Sheahan was suggesting, that the line for Incinerator, contained in the table on Page 4 of the Ordinance, under Industrial Uses, be deleted, because it would no longer be necessary to be in the table. He stated that the reason it was listed separately was due to the fact that there were two slight differences in the table, noting that Incinerator was not allowed in Agricultural districts, but was allowed in the Light Manufacturing district and that, if it was eliminated, as had been suggested, then Incinerator would have to be in the Heavy Industrial definition. He stated that it would have to be a conditional use in the Agricultural district as HM or MP, or permitted, if it was more than 500 feet.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2008-16, amending Chapter 2, 3, and 9 of the Land Development Regulations (LDRs), to increase protection of residential uses impacted by industrial uses, as amended, by deleting Item D. 1. – Incinerator, on Page 2 of the Ordinance, and placing the language contained in that item, being: “A facility in which solid waste or recovered materials are disposed of through a burn process.” in parenthesis on Page 3, Line 29 of the Ordinance, under Item D. 3. - Industrial Use, Heavy; and to delete the line pertaining to Incinerator from the chart on Page 4 of the Ordinance.
REPORTS – COMMISSIONER CADWELL –
CHAIRMAN AND DISTRICT 5
(CONT’D.)
Commr. Cadwell informed the Board
that a ceremony will be held at the State Emergency Medical Services Meeting
that is scheduled to be held in
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:45 p.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK