A REGULAR MEETING OF THE BOARD
OF COUNTY COMMISSIONERS
JANUARY 27, 2009
The Lake County Board of County
Commissioners met in regular session on Tuesday, January 27, 2009, at 9:00
a.m., in the Board of County Commissioners’ Meeting Room, Lake County
Administration Building, Tavares, Florida.
Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill,
Vice Chairman; Jimmy Conner; Elaine Renick; and Linda Stewart. Others present were: Sanford A. (Sandy)
Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive
Office Manager, County Manager’s Office; and Ellie McDonald, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Jimmy Conner gave the
Invocation and led the Pledge of Allegiance.
CLOSED SESSION TO DISCUSS
PENDING LITIGATION
Mr. Sandy Minkoff, County
Attorney, commented that at the last public meeting he requested the Board have
a Closed Session on today’s date which was authorized by Florida Statute
286.011 to discuss pending litigation. He explained that the subject matter of
the session would be negotiation or strategy sessions related to litigation. He mentioned that they had a court reporter
present who would record the entire session including the time of commencement
and termination. He anticipated that
they would spend approximately thirty minutes in the Closed Session. The Chairman stated they would now go into
Closed Session.
RECONVENE REGULAR MEETING
The Chairman reconvened the
Regular Meeting of January 27, 2009, at 9:35 a.m.
AGENDA UPDATE
Commr. Hill requested that the
replacement of a representative on the Impact Fee Committee be added to the
Agenda under her business.
On a motion by Commr. Hill,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the addition of an Agenda item to discuss replacing a representative
on the Impact Fee Committee.
On a motion by Commr. Conner,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the addition of an Agenda item to discuss the Stimulus Package for the
purpose of adding schools.
On a motion by Commr. Conner,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the addition of an Agenda item to discuss a hiring freeze exempting
Public Safety with the provision that they would allow the County Manager to
bring hiring positions before the Commission for justification.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stewart requested that
Tab 3 be pulled for further discussion.
On a motion by Commr. Conner,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the County Manager’s Consent Agenda, Tabs 1 through 6, pulling Tab 3
as follows:
Community Services
Request for approval of a Letter of
Agreement (LOA) to be entered between Florida Department of Education
Farmworker Jobs and Education Program and Lake County Board of County
Commissioners to establish a partnership to implement a Work Experience Program
for eligible participants for a limited period of time and signature approval
from chairman or designee to sign contract and any supporting documents to
implement program.
Procurement
Request for approval of recommendation that the Board approve term and supply contract award to Scott's Professional Ground Maintenance to provide roadside mowing, trimming, and litter removal for Lake County roads and authorize the Procurement Services Director to execute the award section of the bidding document. The initial annual cost of the contract is $191,259.00.
Public Works
Request for approval and
authorization to execute Resolution No. 2009-12 accepting Diane Drive (County
Road No. 3259A) and Lisa Drive (County Road No. 3259B) into the County Road
Maintenance System. Diane Drive (County Road No. 3259A) and Lisa Drive (County
Road No. 3259B) are located within Section 15, Township 20, Range 26, in
Venetian Village Subdivision. Commission District 3.
Request
for authorization to release a Performance and Payment bond in the amount of
$1,146,136.23 posted for State Road 50 and CR 565-A Realignment. This project
is located in Commission District 2.
Request
for authorization to release a performance bond in the amount of $100,000.00
from Jr. Davis Construction Company associated with a right of way utilization
permit for Hammock Ridge Road. Commission District 2.
Commr.
Stewart stated that Tab 3 concerned the award of a construction contract for
renovations and additions to the Lake County Water Resource Lab and that she
agreed with Commr. Conner that should not spend the money now if they did not
have to. However, she wanted the public
to know that this money would come from the County’s one cent sales tax. She explained that half of that sales tax
goes to Public Works and half goes for infrastructure and that this project
would come from the infrastructure portion of the sales tax, not from ad
valorem taxes.
Commr.
Cadwell remarked that the importance of this expenditure was understandable to
those who had seen the facility.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved Tab 3, to approve the execution of a construction contract award to Wagner 3 Ventures, Inc. to provide renovation and additions to the Lake County Water Resource Lab in the amount of $119,471.00, and for approval of the contingency cost of $11,947.00.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the County Attorney’s Consent Agenda, Tabs 7 and 8, as follows:
Request
for approval of Purchase Agreement with McClendon Street Property Management,
Inc. for right-of-way needed for the CR 466, Segment B Road Widening Project
and Chairman to execute necessary closing documents. Commission District 5.
Request
for approval and execution of Partial Release of Lien regarding Code Enforcement
Violations against Homesteaded Property Owned by Albert Kreibick Located at
32141 Wolf Branch Lane in Sorrento.
Commission District 4.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
ECONOMIC
GROWTH AND REDEVELOPMENT
HIGH
VALUE JOB CREATION PROGRAM
Ms.
Dottie Keedy, Director of Economic Growth and Redevelopment, stated that the
request in Tab 9 was to present an award to a High Value Job Creation Program
to Buildtelligence Web Solutions (Buildtelligence) which is a company located
in Mount Dora with thirteen employees.
She explained that Buildtelligence was in the process of creating an
additional 31 positions which were at least 115 percent of the average annual
wage for Lake County and qualify for the High Value Job Creation Award. She acknowledged the presence of Mr. Ken
Noor, President and Chief Executive Officer of Buildtelligence Web Solutions,
and Mayor Melissa DeMarco, City of Mount Dora, at this meeting. She requested approval for this award in the
amount of $62,000 for the creation of 31 additional jobs.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 5-0 vote, the Board approved Tab 9, awarding a High Value Job Creation
Program in the amount of $62,000.00 to Buildtelligence Web Solutions for the
creation of 31 qualifying positions and the execution of the High Value Job
Creation Agreement between Buildtelligence Web Solutions and the Lake County
Board of County Commissioners.
INCUBATOR
AGREEMENT
Ms.
Keedy stated that Tab 10 was an Incubator Agreement Contract between the City
of Leesburg, the University of Central Florida (UCF), and the Lake County Board
of County Commissioners which provides that the County pay UCF to staff the
Leesburg Business and Technology Incubator.
She commented that the City of Leesburg obtained a grant two years
ago to build out one of their existing facilities and create this Incubator
which has space for eight companies, and because UCF has a nationally
recognized Incubator Program they saw an opportunity for a partnership to
create new companies and jobs for Lake County.
She stated that the Contract amount was $85,000 and was in her
budget. She acknowledged the presence of
Mr. Ken Thomas, Economic and Housing Development Director for the City of
Leesburg, noting that the City has approved the Contract. She also stated that UCF has approved the
Contract and acknowledged the presence of Dr. Tom O’Neal, Director of the UCF
Incubator Program, who would like to address the Board regarding their program.
Mr.
O’Neal stated that he was looking forward to a partnership with Lake County and
the Incubation Program and commented that this would be the opening of their
sixth facility. He explained that there
was a forthcoming Economic Development Administration (EDA) Report which would
verify that incubators were one of the most cost effective economic development
tools available. He commented that UCF
has had more than 100 companies coming through their program and they have had
34 graduates, 32 of which remain in the community. He reported that statistics confirm an
average of 87 percent of incubator companies remain in business five years
after graduating from the program. He
stated that their job was to train small companies and entrepreneurs, to
accelerate their growth, and reduce their risk of failures.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 5-0 vote, the Board approved the Incubator Agreement Contract between the
City of Leesburg, the University of Central Florida (UCF), and the Lake County
Board of County Commissioners.
PUBLIC
HEARINGS
PUBLIC
WORKS
MAINTENANCE MAP FOR PORTIONS OF
SOUTH GRASSY LAKE ROAD
Mr.
Jim Stivender, Public Works Director, stated that Tab 11 was a public hearing
to accept and execute a maintenance map for a portion of South Grassy Lake
Road, Commission District 2. He
mentioned that this was a section of a dead-end road across from Minneola’s
City Hall, east of U.S. 27 and stated that this was for pavement only and would
clear the title underneath the pavement.
Mr.
Minkoff stated that they notify all the residents of the public hearing to make
sure they have an opportunity to attend the meeting to disagree with what the
staff’s actions would be.
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
5-0 vote, the Board approved Tab 11, to accept and execute a maintenance map
for a portion of South Grassy Lake Road, Commission District 2.
ORDINANCE
AMENDMENT - LIBRARY ADVISORY BOARD
Mr.
Sandy Minkoff, County Attorney, stated that Tab 12 would be Ordinance No.
2009-2. He then placed the proposed
Ordinance on the floor by title only, as follows:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 12-37 OF THE
LAKE COUNTY CODE, ENTITLED “LIBRARY ADVISORY BOARD,” TO ALLOW FOR
REPRESENTATION ON THE LIBRARY ADVISORY BOARD OF ANY CITY THAT HAS SIGNED AN
INTERLOCAL AGREEMENT TO BE PART OF THE LAKE COUNTY LIBRARY SYSTEM, AND TO
UPDATE THE EXPIRATION DATES FOR MEMBER TERMS; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The
Chairman opened the public hearing.
There
being no one who wished to address the Board, the Chairman closed the public
hearing.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 5-0 vote, the Board approved Ordinance No. 2009-2 amending Section 12-37 of
the Lake County Code, Entitled “Library Advisory Board.
VACATION
PETITION NO. 1133-LAKE COUNTY ENVIRONMENTAL LAND DEPARTMENT
Mr.
Jim Stivender, Public Works Director, requested a postponement on Tab 13,
noting that it had been heard by the Board a couple of months ago. He stated that Mr. Minkoff and Mr. David
Hansen, Public Lands Program Manager, were working with the property owner over
an access issue regarding the 800 acres the County owns and would like to
postpone this matter for another thirty days.
He commented that they have a meeting to visit the site this week and a
meeting next week to meet with the property owner to work out the arrangements
and bring it back to the Board before the road vacation.
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.
Stewart and carried unanimously by a 5-0 vote, the Board approved the
postponement of Vacation Petition No. 1133 until the February 24, 2009, Board
Meeting.
PUBLIC
HEARINGS:
REZONING
Mr.
Brian Sheahan, Director of Planning and Community Design, reported that they
had changes to the Agenda and would like a correction made to Tab 1, which is
PH #66-08-5, to note that it is in Commission District 1. He stated that they received a request from
the applicant for a continuance for Agenda Tabs 6 and 7, PH #62-08-5 and CUP
#08/9/1-5, respectively. The request was
to continue those two items to February 24, 2009, to allow the applicant and an
adjoining property owner to work out an agreement for some landscaping
issues. He explained that staff had no
objection to the request to allow the property owners to work out their differences.
REZONING
CONSENT AGENDA
The
Chairman opened the public hearing regarding the Consent Agenda which were Tabs
1, 5, 6, 7, 10 and 11.
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. Renick, and carried unanimously by
a 5-0 vote, the Board approved the Rezoning Consent Agenda with changes, and
postponing Tabs 6 and 7 until February 24, 2009, as follows:
Tab 1 – Ordinance No. 2009-3
Haines Creek Garage/ Steve
Donahue
Lake County
Rezoning Case No. PH #66-08-5
Request approval to amend the
Planned Commercial (CP) Ordinance #36-89 to allow an office and accessory
storage/utility buildings, including a caretaker’s residence on the property
without a greenhouse. Commission District
1.
Tab 5 – Ordinance No. 2009-4
BFG Lakeshore LTD/Jeffrey B.
Fuqua, Manager
Rezoning Case No. PH #64-08-2
Request approval to amend
Ordinance #2004-4 to establish setback conditions for detached single-family
residential dwelling units only and correct scrivener’s errors in the legal
description.
Tab 10 – Ordinance No. 2009-5
Staff Initiated Revocation
Russell R. Van Ness
Rezoning Case No. CUP #380-1
Request revocation of a CUP in A
(Agriculture) due to the permitted use of the site for a travel trailer park but
was never developed since its approval on September 19, 1972. (20+/acres)
Tab 11 – Ordinance No. 2009-6
Tail End Farms, LLC
Paul and Marni Lewis
Rezoning Case No. CUP #08/11/3-5
Request to renew Conditional Use
Permit (CUP#07/8/1-5), which is a CUP in the Agriculture Zoning District to
allow for a pet resort & spa (kennel) and associated caretaker’s
residence. CUP#07/8/1-5 expired on
September 24, 2008 due to no commencement of construction.
REZONING CASE NO. PH #44-08-4 -
CATHERINE HANSON
Ms.
Julianne Thomas, Senior Planner with Planning and T&D Design, presented Tab
2, which was Rezoning Case No. PH #44-08-4.
She stated that the Applicant wishes to rezone three parcels comprising
approximately one-third of an acre from Agriculture to Planned Commercial. She commented that the subject parcels are
located on SR 44 near the intersection of CR 435 South and SR 46. She explained that this application sought
several revisions prior to the Zoning Board hearing and requested another
revision at the Zoning Board hearing by deleting an additional parcel and
making changes to the Ordinance related to traffic and road improvements as
specified in the Minutes in the Zoning Board hearing. As recommended by the Zoning Board Staff and
the Applicant, they agreed to more general transportation language in the
Ordinance and further, that decisions about access and possible road
improvements would take place at the time of site plan approval not based on a
conceptual plan as part of this rezoning.
She stated that because the request was being revised, the Zoning Board
asked for a revised Conceptual Site Plan.
As outlined in the memo included in the Board packet, the revised
Conceptual Site Plan submitted by the Applicant was different than what was
described to the Zoning Board in that it proposed a different access point
through a neighboring parcel.
Commr.
Cadwell questioned whether staff had an opinion on the additional access.
Ms.
Thomas responded that this would be best addressed by Public Works.
The
Chairman opened the public hearing.
Ms.
Leslie Campione, Attorney, representing the owner of the property, Ms.
Catherine Hanson, addressed the Board stating that the change they made at the
prior meeting was actually a reduction in the size of the parcel they were
requesting to rezone. She stated that
initially they had brought in a much larger piece and there was a request by
the Planning Staff and Public Works to use Paducah Street, a dirt road that was
a platted right of way, to provide access.
She commented that when they requested rezoning and downsizing to
include only the one-third acre change, they were proposing to use the access
already there which was the parcel immediately on SR 46 adjacent to Ms.
Hanson’s real estate office. She
explained that in reality all they did was request that rather than having a
new access, a new cut, or a new road, they would make a joint access with the
existing curb cut which was typically a preferred method by the Department of
Transportation (DOT), and would actually get this access further away from CR
435. She stated that she would let
Public Works address the Board as far as their opinion, but that they approved
of the joint access. She commented that
there was also a lot of discussion initially that the alleyway be kept open so
that it could be used to provide a joint access for other lots instead of
having curb cuts on SR 46 and because they were not doing anything back there
any language regarding that alleyway needed to be stricken from the Ordinance
and proposed that the language essentially read “Road access shall be provided
as shown on the attached site plan. Any
changes to the access location shall be subject to approval by the Lake County
Public Works Department during site plan review.” She commented that she had spoken with Fred
Schneider, Engineering Director, Public Works, about the language and that he
would address same. She explained that
if later they wanted to change the access, or whether they were to use Paducah
or do something different, then at that point Public Works could review it
during site plan review.
Commr.
Stewart questioned whether the Zoning Board had seen this new site plan and if
they were aware of the changes.
Ms.
Campione stated that when this was discussed, the Zoning Board was in agreement
that this was subject to review by Public Works because of the language. She explained that they talked to Public
Works who said that they would prefer to have them come off of that existing
access. She commented that at that
meeting they looked at the plan and explained that they were taking off one
parcel and that they did not want to have to improve the entire road in order
to come into the side, giving them knowledge that their intention was to try to
come off SR 46. Therefore, she opined
that there was no change from what they are asking for today compared to what
they discussed with the Planning and Zoning Board.
Commr.
Cadwell questioned whether the entrance shown now was closed in the original
site.
Ms.
Campione responded that they had a couple of variations in the original plan
because they wanted to have an option.
She stated that early on they had a site plan that showed the entrance
coming off SR 46 and when they met with Planning and Zoning they showed two
locations. She commented that they had
explained to them that they did not want to do this if they were able to come
in the other way and Planning and Zoning said they would leave it up to Public
Works. Ms. Campione stated that at that
time they went back to Public Works and asked if they were agreeable to have
them simply present the site plan showing one location and they agreed that it
would be much easier to administer if they just showed one location.
Commr.
Cadwell questioned whether the square footage they were adding triggered any
improvements to the entrance.
Mr.
Schneider responded that he did not believe it would trigger turn lane
requirements and would recommend approval to use that driveway according to
their proposal on the site plan. He
commented that if the intensity becomes greater or they came back with much
bigger buildings or more uses, or other things they wanted to add in, they
would want to take another look at it.
Commr.
Cadwell expressed his concern about the language in the Ordinance stating that
Paducah was not an entrance.
Mr.
Schneider commented that Paducah was a public right of way and because of the
way it was designed it would not be used for access. He explained that when those other properties
develop behind and around it, they would like to have the opportunity to work
with those future developments to create reverse access, or another way,
instead of having multiple driveways along SR 46 in that area. He stated that typically for new uses on
state roads they also notify the State DOT to see if they have requirements,
and if the DOT determined a need for a turn lane they would have to have one,
but did not think that would be required.
Commr.
Conner inquired whether Zoning approved the proposal before the Board today.
Mr.
Brian Sheahan, Planning Director, stated that the Zoning Board did not see the
site plan before the Board today for which the Applicant was seeking approval.
Commr.
Conner stated that he was not against the rezoning but wanted to be sure they
were going through the proper process.
He opined that Zoning should have seen the site plan being presented
today and wanted to know if there was an issue at this point.
Mr.
Sheahan stated that the Zoning Board made a recommendation based on the
Applicant’s request without seeing the Conceptual Site Plan that would be the
outcome of their request. He stated that
normally staff does recommend against the process of making last minute
changes, such as a road, if they were substantial to the application. He explained that based on the number of
trips developed, it would not be a problem based on the proposed uses.
Commr.
Conner explained that in the future he would like to make sure that whatever
Zoning was recommending to the Board was the same thing that was presented at
the meeting.
Commr.
Stewart asked if there would be a different outcome if this new site plan was
presented for approval before the Zoning Board.
Mr.
Sheahan responded that with Public Works and Mr. Schneider in support of the
proposal it was his opinion that they would recommend approval.
Commr.
Renick wanted to know why it did not automatically go back to Zoning instead of
coming before the Board when there were changes in the plan.
Mr.
Sheahan stated that it would be as a result of the Applicant’s petition and
asked that Ms. Campione address that issue.
It was noted that Mr. Sheahan was not at the referenced meeting.
Ms.
Campione responded by stating that they were the ones pushing for it because
they wanted to get it finished. She
explained that they were attempting to get it done and thought that it was crystal clear that they were deferring
to Public Works when she stood before the Zoning board and drew on that site
plan and “x’d” off Paducah explaining that they did not want to be required to
do this in the Ordinance, instead they wanted it to be subject to review by
Public Works. She stated that Public
Works said they were fine with the entrance on SR 46 so they brought it
back. She stated that the Minutes of
that meeting should reflect the plan she scratched up in front of the Planning
and Zoning Board and that they were completely deferring to Public Works on it.
Commr.
Renick stated that the Minutes were in the packet and was not arguing that
issue, but rather the whole process. She
commented that she understand that Public Works did not have a problem with it.
Commr.
Cadwell explained that it was not unusual to have something before the Board
that was different than what had been presented to Planning and Zoning and that
Zoning may want to change it themselves and make their own recommendations on
those they were confident about. He
commented that he could not imagine that there would be development there
anytime in the near future since Paducah was not paved. He commented that with the amount of square
footage being considered he was comfortable letting them use the existing
driveway.
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. Stewart, seconded by Commr. Conner, and carried unanimously
by a 5-0 vote, the Board approved
Ordinance No. 2009-7 to rezone 0.33 +/- acres of property from Agriculture (A)
to Planned Commercial (CP) to accommodate future office professional
development.
REZONING
CASE PH #51-08-2 – CLERMONT FALLS CREEK DEVELOPMENT, MAGNOLIA PROPERTY
ASSOCIATES LLC,
B&L
PROPERTIES LLC, AND MAGNOLIA POINT CLERMONT I, LLC / LAKE COUNTY/MAGNOLIA
CENTER
Commr. Cadwell wished to
disclose that he had talked with the Applicant in this case several months ago.
Commr. Hill wished to disclose
that she was not sure if she did or did not talk with the Applicant in this
case.
Ms. Karen Block, Senior Planner,
Planning and Community Design, presented Rezoning Case PH#51-08-2, Tab 3,
stating that the owners are Clermont Falls Creek Development, Magnolia Property
Associates, LLC, B&L Properties, LLC, and Magnolia Point Clermont I, LLC
and the Applicant is Lake County. She
stated that the 22.5 acre subject property is at the southeast side of the
intersection of SR 50 and Magnolia Point Boulevard and is zoned as a Planned
Unit Development (PUD) per Ordinance No. 2006-8 and was used within the Urban
Expansion Community Activity Center and Employment Center future land use
categories. She commented that the
County was initiating the Amendment in order to revise the allowable uses and
amend language pertaining to architectural requirements. She reported that staff has reviewed the request
and finds the request and amendments in compliance with the Land Development
Regulations and Comprehensive Plan and therefore recommends approval of this
application.
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. Stewart and carried unanimously by a 5-0 vote, the Board
approved Ordinance No. 2009-8, rezoning Case No. PH #51-08-2, amending
Ordinance # 2006-8 to revise the uses allowed within the PUD.
The Chairman announced that this
concluded the Zoning Hearings.
BOARD AGENDA (CONTINUED)
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County
Attorney, referred to Tab 14 and gave a status report on right of way access for
CR 466. He commented that the Board was
aware they had divided the project into two phases, an A Phase from the
Lake-Sumter line to Rolling Acres Road; and a B Phase from Rolling Acres Road
across SR 441 to Lemon Street. He
mentioned that they had obtained title to all right of way parcels on the A
Phase and still had two or three parcels in litigation to determine the amount
they have to pay. He commented that
originally they thought they had additional time to get the right of way on the
B Phase parcel, but The Villages’ recent proposal stepped up the timeframes and
for that reason they were moving quickly to acquire that right of way. He reported that the agreement with The
Villages would be presented to the Board for the first reading at their next
meeting. He explained that he, Mr. Fred
Schneider and Mr. Tom McCann, Engineer, Public Works, have looked at this
project and its design and with Mr. McCann’s direction, they saved the County a
considerable amount of money. He
commented that originally the design showed stormwater being taken from CR 466
to a pond to the north which would take it straight up Dixie Avenue to the
pond. He mentioned that the Town is in
the process of building a new library and the original engineering required
completely tearing up Dixie and digging a hole approximately 15-20 feet deep
which would be an expensive process. He
reported that Mr. McCann recognized that it would cost the County in excess of
$500,000 up to $1 million just to get the stormwater from CR 466 to the pond
and, therefore, they began looking at alternatives. He explained that the Cangialosi parcel was a
multi-tenant building and had housed several tenants. He stated that when they had the appraisal
done and what their taking was from the property, even without the stormwater
pond, the appraisal for that taking was about $336,000 just to purchase that
amount. He explained that one of the
reasons it was so high was because it took away the parking spots in front of
the building on CR 466 and greatly affected the access and made them enter the
property off Old Dixie Highway. In
addition to the $336,000 since there were tenants in the building who have been
there longer than five years, the law requires business damages be paid to the
tenants. He explained that their
estimate for taking this small piece would probably end up costing
$700,000-$800,000 compared to the appraisal for the entire parcel of $1
million. He stated that after Mr. McCann
reviewed the difficulties of going the other way and the amount of money that
would have to be paid for this property, they contemplated purchasing the
entire property, moving the pond and eliminating all digging. He explained that the proposal and plan had
an end result of creating a new retention pond and continuing to use a small
amount of the pond by the City Library.
He stated that the property owner had agreed to sell it for $1.195
million which was approximately 19 percent above the appraised amount of $1
million. He commented that buying the
entire parcel would save the County approximately $300,000-$400,000 dollars by
eliminating construction costs and avoiding litigation and, therefore,
considered this a good recommendation.
Mr. Schneider stated that they
were working with the Town of Lady Lake to put the new town library stormwater
in Pond 4 to avoid using the land on their property for that purpose. He commented that they were working an
agreement to come forward between the Town and the Board stating that the Town
would maintain that both Pond 4 and Pond 5.
On a motion by Commr. Hill,
seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board
approved the Purchase Agreement with Daniel and Susan Cangialosi for stormwater pond (Pond 5) needed for the CR 466-Segement
B Road Widening Project and for the Chairman to execute the necessary closing
documents.
Mr. Minkoff commented that
within the last week they filed seven additional lawsuits on this project
which, with the exception of one or two parcels, would be all of the right of
way they needed. He stated that they
have committed to The Villages to acquire the right of way by May 10 and
thought they would be able to meet that date.
REPORTS - COMMISSIONER HILL -
DISTRICT 1
Commr.
Hill stated that there was a request from the Impact Fee Committee requiring
action by the Board. She explained the
Conservation Council makes recommendations for representatives to sit on the
Impact Fee Committee. She stated that the
current appointee has been absent for three meetings, which is over a year since
they meet quarterly. She commented that
they have been unsuccessful in their attempts to obtain a proper email address,
regular mailing address, and phone contact for this individual. She stated that if they remove this
representative then she could request that the Conservation Council make a
recommendation to the Impact Fee Committee to fulfill that board seat. She asked the Board’s approval to remove the
Conservation Council representative so it can go back to them for a
reappointment recommendation.
Commr.
Cadwell noted that this item had already been placed on the Agenda.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 5-0 vote, the Board approved the removal of the representative from the
Conservation Council and the request for a reappointment recommendation for a
new representative.
REPORTS
- COMMISSIONER RENICK - DISTRICT 2
ROUND-A-BOUT
Commr.
Renick shared with the Board an email regarding the “round-a-bout” issue. She stated that she referred back to the
Minutes because she remembered that they had three choices if they decided to
construct a round-a-bout. She explained
that the Minutes were approved but they only referred to a “proposed”
round-a-bout and that they were discussing its merits, but that the decision
was left for a discussion at a later time.
She commented that she thought that there was some confusion and would
like to find out the status of the round-a-bout.
Commr.
Cadwell explained that he and Ms. Cindy Hall, County Manager, had a scheduled
meeting on Monday and they would discuss it further at the Board meeting on
Tuesday.
REPORTS
- COMMISSIONER CONNER - DISTRICT 3
PRIORITY
LIST
Commr.
Conner stated that he took the Board’s suggestion in regard to School Board
priorities and distributed a copy of an email dated January 26, 2009, from Ms.
Susan Moxley, Lake County Superintendent of Schools following a School Board
Meeting which indicated their priority list.
He reported that he had a conversation yesterday with Mr. Maurice Kurland,
their lobbyist who indicated that it appeared traditional transportation,
infrastructure rates, and highways would be number 1 on the priority list; and
number 2 was school construction referring to crumbling schools as opposed to
new schools. He commented that Lake
County School Board’s priorities would be:
1) Eustis Heights Elementary School; 2) Eustis Elementary School; 3)
Clermont Elementary School and 4) Clermont Middle School. I would move that we add these four schools
to our stimulus package. Commr.
Conner made a motion to add the schools to the County’s priority list, which
was seconded by Commr. Stewart.
Under
discussion, Ms. Cindy Hall, County Manager, stated that since they had
prioritized their seven projects at the last Board meeting, she inquired as to
the priority order the schools would have on their list.
Commr.
Cadwell stated that they would go at the bottom of the list in the order
presented. The Chairman called for
a vote on the motion and second. The
vote was carried unanimously by a 5-0 vote whereby the Board approved the
addition of Eustis Heights Elementary, Eustis Elementary, Clermont Elementary,
and Clermont Middle Schools to their priority list for the stimulus package
pending cost analysis and readiness.
DECLINING
REVENUES IN FUND BALANCE - HIRING FREEZE
Commr.
Conner stated that they were all aware that their revenues were declining and
that $5.6 million of their fund balance was being used to balance the budget
this year. He explained that both the
County Manager and the Budget Director have already cautioned them that they
will be facing difficult financial times in the immediate future and for that
reason he commented that if they were to start budget cuts now it would make
their decisions less onerous in the future.
He commented that layoffs were occurring in other governments throughout
Central Florida and that last week Channel 9 reported that Leesburg was
considering layoffs in the Police Department.
He opined that it would be very prudent on their part to have a hiring
freeze exempting Public Safety positions with a caveat that the County Manager,
or the County Attorney, would have the right to come before the Board to
justify any positions requested.
Commr.
Cadwell asked the County Manager if there were any positions now that needed to
be filled or if there were any other departments where they may need to hire
someone.
Ms.
Hall responded that there she needed to check a couple of areas before
answering completely. She stated,
however, that they had approved the MV Transportation, Inc. (MV) contract to
take over the maintenance of the MV buses and that would require three mechanic
positions. She commented further that
with all the building going on, they needed to fill a critical position in
Facilities due to an employee passing away; as well as another position for the
Sales Tax Recovery Program. She
explained that she would want to go forward with the Facilities and Fleet
positions but did not recall, offhand, if there were any others.
Commr.
Cadwell stated that the positions Ms. Hall mentioned would be a perfect example
of an instance where she would need to come back to the Board because of a
contract or other matter requiring new positions to be filled.
Commr.
Conner stated that in those instances he would suggest that Board involvement
would be wise and perhaps request a cost analysis or some other form of
justification for filling the position(s).
Commr.
Cadwell stated that the procedure was handled in that manner during the budget
process and that the County Manager did not necessarily have free range to fill
positions at will.
Commr.
Conner remarked that because revenues were down they need to be cautious and
that they might save several hundreds of thousands of dollars without hurting anyone
which would be a step in the right direction.
Commr.
Cadwell stated that this goes back to procedures under their form of government
to what extent could that could be done.
Mr.
Minkoff stated that this procedure would affect him and the County Manager but
they would follow that procedure if directed by the Board.
Commr.
Renick stated that for the benefit of the public they did, in fact, layoff a
number of people previously. With regard
to the procedure for hiring, she remarked that when expenses were needed Ms.
Hall would place that item on the Consent Agenda for the Board’s knowledge and
edification and that perhaps filling positions could be handled in the same
manner. She stated for example, the MV
Mechanics’ positions that were discussed could be placed on the Consent Agenda
to give the Board background information and justification, and if the Board
had an issue with that they could pull it from the Consent Agenda for
discussion.
On
a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously
by a 5-0 vote, the Board approved the implementation of a hiring freeze
exempting Public Safety positions, but continuing to allow the County Manager
to hire positions subject to Commission approval.
ENERGY
SAVINGS
Commr.
Conner reported that he had received two telephone calls on the same day
requesting information about going green and saving energy. He stated that he would provide the contact
information to the County Manager to obtain more information.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:45 a.m.
________________________________
WELTON G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK