A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 4, 2009

The Lake County Board of County Commissioners met in regular session on Tuesday, August 4, 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; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Brenda Law, Deputy Clerk.

INVOCATION

Pastor Michael Sweeney from the New Life Church of God gave the Invocation and led the Pledge of Allegiance.

Agenda update

Ms. Cindy Hall, County Manager, stated that she would like to pull Tab 6 that was an item of Procurement.  She commented that this matter is time sensitive and requested that it be brought back to the Board next week during the Budget Workshops.

Mr. Sandy Minkoff, County Attorney, stated that he would like to discuss the recent legislative change to Florida Statute 318.18 regarding the Court Facilities Fee.

Commr. Conner requested the delay of Tab 16 because he would like to have further discussion with Mr. Jim Stivender, Director of Public Works, and the City of Tavares.  He requested this matter be brought before the Board in two weeks.

MINUTE APPROVAL

Commr. Renick noted a change in the June 16, 2009 Minutes on page 18, line 21, stating that there was a reference to PEAR Park which should have been Royal Highlands.

On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Minutes of June 16, 2009 (Regular Meeting), as corrected, and July 7, 2009 (Special Meeting) as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, 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.

Resolution No. 2009-013

Request to acknowledge receipt of Resolution No. 2009-013, from the City of Fruitland Park, amending the Interlocal Agreement among Lake County, the Lake County School Board, and the fourteen municipalities for School Facilities planning and sitting, adopted via Resolution No. 2006-033, by extending the Agreement for three additional years.

Intergovernmental Cooperative Agreement

Request to acknowledge receipt of Intergovernmental Cooperative Agreement from Public Risk Management of Florida for the Town of Lady Lake, the City of Tavares, and the City of Eustis, together with an Affidavit regarding authenticity, executed by several different governmental agencies throughout the State of Florida for the purpose of providing insurance through Public Risk Management of Florida (PRM).

Ordinances from the Town of Lady Lake

Request to acknowledge receipt of Ordinances from the Town of Lady Lake, Amending the Town’s Land Development Regulations and Code of Ordinances, as follows:

Ordinance No. 2009-05 (LDRs – Site Development Plan Regulations)

Ordinance No. 2009-08 (LDRs – Development Procedures and Regulations)

Ordinance No. 2009-09 (LDRs – Stormwater Management)

Ordinance No. 2009-10 (LDRs – Water and Sewer Standard Specifications)

Ordinance No. 2009-11 (Code – Creating Article IV Entitled Signalized Intersection Safety)

Ordinance No. 2009-12 (LDRs – Commercial Design Standards)

Ordinance No. 2009-13 (LDRs – Zoning District Regulations)

Ordinance No. 2009-14 (LDRs – Miscellaneous Regulations)

Ordinance No. 2009-16 (Code – Creating Article IX Entitled Alarm Response

Notice of Public Information Meeting

Request to acknowledge receipt of Notice of Public Information meeting from the Florida Department of Transportation to be held on Thursday, July 30, 2009, at the 448 Community Center, 16034 County Road 448, Tavares, Florida, with an open house at 4:30 p.m., presentations at 5:15 p.m. and 6:00 p.m., adjourning at 7:00 p.m.

presentation

Commr. Renick acknowledged Ms. Sarah Morningstar, a student from Image South Lake Charter School, for bringing awareness to the Board of County Commissioners of the need to erect signs on Monte Vista Road designating it as part of the “Florida Scrub Jay Trail.” Ms. Morningstar addressed the Board and thanked them for this honor.

Commr. Renick presented Ms. Morningstar with a small version of the sign as a memento.

COUNTY MANAGER’S CONSENT AGENDA

4-H Agent I Position

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the authorization to fill the vacant 4-H Agent I position.

Ms. Luisa Grayford, 4-H volunteer and parent, presented photographs of several community service projects completed by their club.  She stated that their club consists of nine members who have completed projects at Waterman Village, Waterman Cove and have helped youth groups such as Boggy Creek.  She expressed her gratitude to the Board for approving this position.

Commr. Cadwell addressed the 4-H members in attendance explaining that in light of the fact that the County was cutting programs and laying off employees, the Board took this matter very seriously.  He implored them to continue to be the best 4-H Club in the State of Florida.

Mr. Walter Guy, 4-H volunteer and grandparent, expressed his gratitude to the Board for their recognition of the future leaders of Lake County.  He explained purposes and duties of the 4-H Congress Program and thanked the Board for investing in their future.

Ms. Jennifer Sullivan, former 4-H member, thanked the Board for approving this position and explained how 4-H has changed her life and taught her many valuable lessons.

Ms. Nancy Jo Davidson, 4-H volunteer and former member, thanked the Board for their support.  She described the 4-H Hall of Fame both on a County and State level.  She stated that there were currently four Lake County members in the State Hall of Fame and a new Lake County member would be inducted into the program this year.

Mr. Deborah Boulware, private citizen, thanked the Board for their support.  She commented on the continuity of the program in Lake County since 1922.  She expressed great appreciation for the Board’s approval of the 4-H position which would allow the program to continue in Lake County.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 9, pulling Tab 6 as follows:

Growth Management

Request for approval of impact fee deferral agreement for Dr. Lalbahadur Nagabhairu (medical office/surgical center).  Commission District 3.

Procurement

Request for approval and execution of a construction contract to Pat Cook Construction, Inc. to provide construction of Paisley Fire Station # 13 in the amount of $1,367,000 and 2) approve allowances of $61,400 and contingency cost of $68,000.  Commission District 5.

 Public Works

Request for authorization to release a maintenance bond in the amount of $22,843.30 posted for Summit Ridge.  Summit Ridge consists of 36 lots and is located in Section 32, Township 22 South, Range 26 East.  Commission District 2.

Request for authorization to accept the final plat for Lake Yale Bend and all areas dedicated to the public as shown on the Lake Yale Bend plat.  Lake Yale Bend consists of 2 lots and is located in Section 28, Township 18 South, Range 26 East.  Commission District 4.

Request for approval and acceptance of the submitted list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects.  Commission Districts 1,2,3,4 and 5.

Employee Awards

Commr. Cadwell presented the Employee and Quarterly awards with Ms. Kasie McAdams, Employee Services Manager commenting briefly about each employee’s service to the County.

Commr. Cadwell; Mr. Gary Borders, Sheriff of Lake County; and Mr. Gary Kaiser, Director of Public Safety; presented a special T.E.A.M Award for the 800 MHz Countywide Radio System with Ms. McAdams describing the award.

Commr. Cadwell explained that the use of this radio system could be a matter of life or death.  He stated that many times Lake County deputies and other officers would be in areas without communication which would put them in harm’s way on a daily basis.  He explained that it took the cooperation of all of the cities, the ambulance company, the Sheriff’s office, and the Fire Department to develop this radio system.  He expressed gratitude to all of the agencies and individuals for making this happen and for making Lake County safer.

T.E.A.M AWARD

Greg Holcomb

Public Safety/Communications Technologies

 

            Rob Richardson

            Public Safety/Communications Technologies

            Anthony Moore

            Public Safety/Communications Technologies

           

            Gustavo Marquez

            Public Safety/Communications Technologies

 

            Corporal Jason Matthews

            Lake County Sheriff’s Office

 

            Tisha Mateo

            Lake County Sheriff’s Office

Five Years

            Morgan Cates, Assistant Area Maintenance Supervisor

Public Works/Road Operations

 

Magdalena Contreras Cordero, Graphic Artist II

Information Outreach

 

Christopher Evenson, Network Administrator

Information Technology/Information Systems

 

Christopher Patton, Public Information Coordinator (N/P)

Information Outreach

 

Autumn Perry, Animal Control Officer

Public Safety/Animal Services

 

Ronald Schwab, Chief Inspector (N/P)

Growth Management/Building Services

 

Randy Shappard, Network Technician

Community Services/Library Services

Ten Years

            Anthony Deaton, Probation Director

Community Services/Probation Services

 

Fifteen Years

            Charles Fedunak, Extension Agent IV

Community Services/Cooperative Extension Services

 

Benson Hartle, Fire Lieutenant/EMT

Public Safety/Fire Rescue

 

            Anna Perez, Office Associate III

Community Services/Cooperative Extension Services

 

Employee of the Quarter

Davis Salinas

Equipment Operator IV, Environmental Utilities/Solid Waste Program

 

presentation

Ms. Shelly Lauten, President of myregion.org presented a PowerPoint presentation updating the Board on regional activities and programs.  She mentioned that this was the second year of implementing the “How Shall We Grow Program.”  She invited each Board member to attend their Anniversary Celebration on August 21, 2009.  She explained that there are 93 municipalities in the region and over sixty percent of them have begun to implement the “How Shall We Grow Program” theme through conservation, thinking about new effective corridors, how to revitalize their centers, and how they think about their countryside.  She reported that the development of a regional water strategy would address the concerns of water supply, conservation, and the governance of water.  She commented that this project has partnered with the Central Florida Congress of Regional Leaders, St. Johns River Water Management District, South Florida Water Management District, Southwest Florida Water Management District, Florida Department of Environmental Protection, myregion.org, Urban Land Institute (ULI) -Central Florida, and the University of Central Florida.  She explained that the purpose of this project was to identify the areas of concern and recommend how local organizations could solve these issues.  She explained that there are two goals for this project -- to come out of this process with a commitment to a regional approach to water and to start putting money aside to approach water.  She mentioned that this was a three-fold process starting with identifying a Regional Project Steering Committee, noting that Commr. Renick had volunteered to serve as the Lake County representative, and Mr. Gregg Welstead, Director of Conversation and Compliance will serve as a staff member. She remarked that they would then develop recommendations from county stakeholders to address the issues specific to each county and use that information with ULI to determine which issues were regional versus those that were county specific and begin by focusing on the regional issues.

Ms. Lauten presented the Progress Report for Central Florida which outlines how this region compares to the rest of the world.  She stated that there is a companion report that she will forward to the Board comparing Lake County to all Central Florida counties.  She explained that the Progress Report compared Lake County and the Central Florida Region to other regions in the United States, as well as other countries by measuring economic leadership, education, environment, quality of life and growth of each area.  She stated that the Central Florida Region is leading the way in regional cooperation.

county manager’s departmental Business

Community Services

Resolution No. 2009-104 Unanticipated Revenue

Ms. Wendy Breeden, Interim Director of Community Services, stated that Lake County received an additional $303,000 from the Department of Housing and Urban Development (HUD) for the Section 8 Fund and an additional $25,000 in a separate fund that had been collected in reimbursements.  She requested that the combined amounts totaling $328,096 would be applied to the Section 8 Fund.  She commented that $126,026 remained in the Disaster Assistance Administration Fund, the Tornado SHIP funds, which must be reimbursed to the State.  She requested a transfer of $126,026 to the Affordable Housing Fund in order to reconcile the budget to actual expenditures.

Commr. Conner asked for the location of  this information on the background summary.

Ms. Cindy Hall, County Manager stated that in the final paragraph on the background summary it explained this request.  She stated that they were not able to spend all the money they received for the Tornado Assistance Program; therefore, they would be required to pay back the balance.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2009-104 for Unanticipated Revenue from HUD, and the budget transfer to repay the funds for the Tornado Assistance Program.

Economic Growth and Redevelopment

High Value Job Creation Award to Petrotech Southeast, Inc.

Ms. Lori Barnes, Senior Planner for Economic Growth and Redevelopment requested approval of an incentive award totaling $61,000 for Petrotech Southeast, Inc. (Petrotech).  She commented that Petrotech is an environmental spill cleanup, oil recycling, and site remediation company relocating their family-owned business from Ocoee to Astatula on Highway 561.  She stated that they would be transferring 21 employees, with 18 of those jobs qualifying for the High Value Job Creation (HVJC) Program.

Commr. Stewart asked for clarification on the number of new jobs that would be created within the next year.

Ms. Barnes explained that the applications were created for new businesses.  She clarified that the company would be transferring 21 employees and not creating any new jobs. She mentioned that they should modify the application to state the number of jobs being created and/or brought into Lake County.

Commr. Renick asked if five new jobs would be created next year as outlined in the application.

Ms. Barnes explained that there is a minimum of five new jobs created for existing businesses and a minimum of ten jobs created for new businesses.  She explained that Petrotech would be treated as a new business and those ten jobs would be part of the eighteen they were transferring.

Commr. Stewart requested clarification on how those jobs could be considered newly created positions when the positions already exist and the employees are being transferred.  She remarked that this information should be provided in greater detail in the future to make it clear how many new jobs were actually being created versus those being transferred.

Ms. Barnes explained that this company would impact the local economy in the amount of $3.5 million.

Commr. Renick stated that she thought they would get five new jobs from this award.  She further stated that they have improved the tax base by bringing the business to the County which would be very advantageous to Lake County.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 11 to award the High Value Job Creation (HVJC) Program Award to Petrotech Southeast, Inc.

High Value Job Creation Award to Surgery Center of Mount Dora, LLC

Ms. Dottie Keedy, Director of Economic Growth and Redevelopment requested the approval of a second High Value Job Creation (HVJC) Award to the Surgery Center of Mount Dora, LLC – Omega I Partners in the amount of $50,000.  She stated that the Surgery Center is a new business opening in Mount Dora which will create 20 new jobs, 16 of which qualify for the HVJC Program, with the anticipation of creating 11 additional jobs within the next 12 months.  She explained that the Surgery Center is a multi-specialty Ambulatory Surgery Center with an estimated impact to the County of $2,271,000.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 12 to award the High Value Creation (HVJC) Program Award to the Surgery Center of Mount Dora, LLC.

Ms. Joyce Deno, Chief Operating Officer for Regent Surgical Health stated that they have already recruited 19 of the 20 jobs and all but two of them are Lake County residents.  She commented that three additional full-time jobs are to be created before October 15, 2009.  She expressed her appreciation to the Board for their generosity and cooperation.  She remarked that their goal was to reach a 98 percent patient satisfaction rate, noting that over 57 percent of their patient load would be Medicare recipients.

other business

Commr. Cadwell stated that the Board requested the Economic Development Council (EDC) interact in the workshops for the Comprehensive Plan.  He asked Ms. Dottie Keedy, Director of Economic Growth and Redevelopment to coordinate with Ms. Amye King, Director of Growth Management to have the EDC make a presentation at one of the future workshops.

At 10:00 a.m. the Chairman announced that there would be a ten-minute recess.

Employee Services

Parking Policy

Ms. Erika Green of Library Services presented Tab 13 on behalf of the Employee Advisory Committee (EAC) to request approval to update Parking Policy LCC-87.  She commented that the updated policy allows County vehicles to park on the uppermost level of the parking garage in an effort to limit unnecessary exposure to the elements.  She also asked the Board to consider allowing employees to park on level three of the parking garage, explaining that the previous policy did not specify any certain parking levels, but the Board had given direction for employees to park on levels five through eight.

Commr. Cadwell stated that he agreed with removing the County vehicles from the top level and that despite his initial reaction, he felt there was no problem with employees parking on levels two and above.

Commr. Hill stated that one of the reasons for the previous direction was because the Board thought the Judicial Center would be under construction which would eliminate the parking lot there.  She stated that she would prefer to have the County Manager address this matter.

Commr. Cadwell agreed with Commr. Hill’s recommendation that this matter be handled by the County Manager as the policy did not specify which levels the employees were allowed to park.

Mr. Sandy Minkoff, County Attorney, stated that adding an item number 16 to the Policy authorizing the County Manager to adopt procedures to implement it would resolve this matter.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the request to update the Parking Policy and to add language authorizing the County Manager to implement the procedure.

Procurement

Food Concessions at North Lake Community Park

Mr. Barnett Schwartzman, Director of Procurement Services stated that Tab 14 was a follow-up to an Agenda item from the June 7, 2009 meeting.  He explained that this request regarded vendor operations and food concessions at North Lake Community Park.  He stated that based on previous comments from Commr. Conner, he negotiated with the vendor which led to clarification of several issues, and the vendor had revised pricing on the menu.  He requested approval of RFP 09-0217 for vendor operation of food concessions to Sunrise Snack Shack.

Commr. Conner stated that he was disappointed that this item was put on the Agenda before some of the issues he addressed were resolved.  He commented that one of his concerns was that this is a new business venture and had hoped to create an environment for success.  He explained that his primary concern was that the pricing of items on the menu was unreasonable.  He also requested confirmation that the language in the Contract would prevent the vendor from raising the prices.

Commr. Cadwell stated that he felt the pricing was in line with, and better than, some of the alternatives.

Mr. Sandy Minkoff, County Attorney stated that in Section eight on page three of the Contract it states that the contractor shall charge reasonable prices and that the County reserves the right at all times to review the menu to ensure prices are reasonable.

Commr. Conner remarked that the Contract should include the language that the County reserves the right at all times to review and “approve” the menu to ensure selections are adequate and prices are fair and reasonable.  He also stated that he had concerns that the vendor was going to have someone at the concession stand from 7 a.m. to 9:30 p.m.

Mr. Schwartzman stated that he revised the language in the Contract stating that the vendor must be present while an event is in progress for its full duration and other times subject to an agreement between the park and the vendor.

Commr. Cadwell stated that the Board would change the language on page three, Section eight to state that the County reserves the right at all times to review and “approve” the menu to ensure selections are adequate and prices are fair and reasonable.

Commr. Conner stated that he wanted the vendor to understand that the Board was willing to negotiate the monthly fee or work on a percentage basis.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the award of RFP 09-0217 for vendor operations of food concessions at North Lake Community Park to Sunrise Snack Shack adding language to the Contract as discussed.

Parks Revenue

Commr. Cadwell stated that at the present time the County is receiving revenue from the Parks Department for food concessions and other items.  He requested that it become Board policy for the County Manager to retain revenues generated from the Parks Department into the Parks System.

On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the policy to retain revenues generated from the Parks Department into the Parks System.

Lease of Wheel Loader to Nortrax Equipment Company – Southeast, L.P.

Mr. Barnett Schwartzman, Director of Procurement Services stated that Tab 15 was a follow-up item from the April 7, 2009 Agenda.  He provided a brief history of the previous and current Request for Proposal (RFP) process.  He requested that the Board approve the Lease for the wheel loader to Nortrax Equipment Company-Southeast, L.P.

Commr. Conner stated that he appreciated the Board not accepting the State contract and for the County soliciting proposals.  He mentioned that when this matter came before the Board at an earlier meeting, it was decided that they would solicit proposals for a Lease Option and Purchase.  He remarked that according to the information provided, the difference in price between the two options was only $21,960 and would be County property at the end of three years if the County purchased the equipment.

Mr. Schwartzman stated that they evaluated both the Lease and Purchase Options.  He reported that based on previous analyses leasing is the more favorable option on a number of terms, including financial.

Mr. Sandy Minkoff, County Attorney, stated that this was a Service Included Agreement, and typically after three years the equipment used at the landfill does not have much value.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 15 to award the contract for the thirty-six month Lease of one wheel loader to Nortrax Equipment Company-Southeast, L.P.

Public Works

Interlocal Agreement between Lake County and the City of Tavares

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board postponed Tab 16 until further discussions were held between Commr. Conner, Mr. Jim Stivender, Director of Public Works, and the City of Tavares.

CR-466 Segment A & B Construction

Mr. Fred Schneider, Public Works Engineering Director requested approval of CR 466 Segment A & B construction costs from the Lake County/Sumter County line to U.S. Highway 27, U.S. Highway 441, and the Town of Lady Lake.  He commented that the County’s share of the costs-to-date for this construction has been $1,866,180.91.  He stated that this construction project has been a successful public and private partnership with a contribution of $5 million from the Florida Department of Transportation (DOT); and a combined contribution in the amount of approximately $7 million from the Town of Lady Lake, the Lake-Sumter Metropolitan Planning Organization, and The Villages.  He commented that the total cost for Lake County, including right of way costs, was approximately $4 million for a four lane, two-mile road.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the construction costs for CR-466 Segment A & B in the amount of $1,866,180.91 pursuant to the First Amendment to Development Agreement between Lake County and The Villages of Lake Sumter, Inc.

public hearings

Community development block grant (cdbg)

Mr. Bill Gearing, Community Enhancement Coordinator, stated that Tab 18 was a presentation of proposed activities to be funded from the Community Development Block Grant (CDBG) during Fiscal Year 2009-10 for Board discussion and public comment.  He remarked that they were also requesting that the Board adopt the Fiscal Year 2009-10 One Year Adoption Plan by Resolution No. 2009-105 and authorization for the Chairman to sign the Application for Federal Assistance (Form SF 424), the Adoption Resolution and the required certifications.  He stated that the hearing was advertised in the Orlando Sentinel on June 30, 2009 and the Plan has been available for review at city halls, county libraries, the CDBG office, and on the County website since July 1, 2009.  He then presented a PowerPoint presentation of the CDBG Action Plan, 2009-10, noting changes to the planned expenditures resulting in a reduction of $4,000 in staff costs which was transferred to the Administration Fund

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board adopted the Fiscal Year 2009-10 One Year Action Plan by Resolution No. 2009-105 and authorized the Chairman to sign the application for Federal Assistance, the Adoption Resolution, and the required certifications.

resolution no. 2009-106 supplemental budget for fy 2008-09

Ms. Wendy Breeden, Interim Director of Community Services, stated that this public hearing is requesting a transfer from the General Fund of $168,193.21.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

Commr. Hill stated that this has always been a confusing issue because there are three different budget years, one each for the Federal, State and County governments.  She stated that none of the funds have been misspent or misappropriated.

Commr. Conner stated that local money is being spent on Federal Programs and was not justified, although the money was spent in accordance with the law.

Commr. Hill clarified that it is, in fact, a Federal Program, but is managed by the County therefore they must follow Federal and State mandates.  She explained that it is the responsibility of the County to manage those funds.

Commr. Conner asked if the County’s SHIP Program was under investigation by the Florida Housing Association.

Ms. Allison Thall, Director of Citizen Support Services stated that the SHIP Program was not under investigation by the Florida Housing Coalition at this time.  She mentioned that an email was received from the Coalition based on the internal audit performed by Mr. Dennis Gray, Internal Audit Director with the Lake County Clerk of Courts Office, which inquired about the follow-up based on the findings from the audit.

Ms. Cindy Hall, County Manager stated that she would work with Mr. Neil Kelly, Clerk of Court and Mr. Gray to address any outstanding issues.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2009-106 for the Supplemental Budget for Fiscal Year 2008/2009.

villages certificate of public convenience & necessity

Mr. Sandy Minkoff, County Attorney stated that there was a request by The Villages Public Safety Department to renew their Certificate of Public Convenience and Necessity to provide emergency medical services within Lake County, noting that both the Statue and Code require Board approval.  He mentioned that this had been advertised and the County notified all municipalities.  He explained that this Certificate authorizes them to provide emergency medical services but not to transport patients.

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. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the renewal of The Villages Public Safety Department’s Certificate of Convenience and Necessity, through September 30, 2010.

appointments

Lake County Library Advisory Board

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board appointed Ms. Julia Nix to serve as Montverde City Council’s alternate member on the Lake County Library Advisory Board to complete an unexpired term ending February 28, 2011.

Lake County Arts & Cultural Alliance

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed the following people to the Lake County Arts and Cultural Alliance:  Ms. Debbie Stivender as the Tavares representative, Mr. John Griffin as the Groveland representative, and reappointed both Ms. Kathryn Montgomery as the Eustis representative and Ms. Judy Smathers as the Mount Dora representative.

REPORTS – COUNTY ATTORNEY

court facilities surcharge

Mr. Sandy Minkoff, County Attorney, stated that the Legislature authorized counties to increase the surcharge on traffic and criminal traffic infractions where the proceeds are used for court facilities.  He commented that under Lake County Code the court facilities fee currently being charged is $15 per infraction.  He explained that the Legislature authorized counties to increase the fee to $30 per infraction.  He stated that this fee would generate approximately $10,000 to $12,000 a week, or approximately $500,000 a year.  He stated that an ordinance has been prepared and requested approval to advertise same.  He noted that if approved today it could be implemented by September 1, 2009.

On a motion by Commr. Hill , seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the addition of this item to the Agenda.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the advertisement of this ordinance.

Commr. Conner requested that staff include a current fee schedule in the Agenda when this matter is brought before the Board.

REPORTS – COUNTY MANAGER

Proposed County Reorganization

Ms. Cindy Hall, County Manager, stated that Tab 23 was a proposed reorganization for the County.  She stated that her goals were to align activities with a common goal to enhance the quality of life for Lake County citizens and visitors.  She explained that she took some Divisions from other departments and combined them into a new department called Public Resources.  She commented that the recommended divisions to be included in the newly created Public Resources Department were the Agricultural Extension, Library Services, Parks and Public Lands, Tourism and Business Relations and Volunteer Services.  She mentioned that the reorganization would reduce the number of departments by two, provide greater financial oversights to contracted public services, and align departments within existing departments that have similar areas of expertise.  She stated that the proposed budget for next year has been designed with this reorganization in mind.  She requested approval of the reorganization structure as presented, effective immediately.

Commr. Cadwell commented that he thought it would be beneficial to combine those departments into the Department of Public Resources.  His only concern was in regard to Employee Services which is now Employee and Citizen Services, noting that Employee Services has not had to deal with the public, and wanted to ensure that they have proper training.

Commr. Renick stated that she was unhappy about that structure of the reorganization and did not agree with the organization of the Public Resources Department.  She expressed concern that reducing the number of departments would further isolate the County Manager and felt more people should answer directly to the County Manager.

Commr. Conner asked if the positions within the Department of Public Resources were new.

Ms. Hall replied that there were not any new positions in the proposed reorganization and that any changes made would be done with existing personnel.

Commr. Conner asked for the title of the person being appointed to the new department and for a job description of that position.

Ms. Hall stated that she did not have job descriptions for the proposed new positions.

Commr. Conner commented that the person supervising a department should have either background, education, or experience in that area.

Commr. Cadwell reminded Commr. Conner that the Board only hires the County Manager and County Attorney.  He further stated that he agrees with requesting the job descriptions of the new and expanded departments.

Commr. Hill expressed that her only concern was the number of different citizen groups that were separated from each other.

Commr. Conner asked if there were any salary adjustments on the proposed transfers.

Ms. Hall replied that there would be a few promotions.

Commr. Cadwell asked if there would be a difference in cost.

Ms. Hall replied that there would be a change of a few thousand dollars in salary.

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board postponed this item until next week during the scheduled Workshop.  The Board directed the County Manager to provide job descriptions for the new departments and positions.

Zoning Meeting

Ms. Cindy Hall, County Manager, requested the August 25, 2009 Zoning Meeting be cancelled due to the fact that there were no zoning items on the Agenda.  She suggested moving the Comprehensive Plan Workshop until the September meeting.

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board cancelled the August 25, 2009 Zoning Meeting.

REPORTS – COMMISSIONER STEWART – DISTRICT 4

Commr. Stewart stated that a 21 year-old solider from Clermont lost his life in Iraq, and suggested the Board write letters to the families of fallen soldiers from Lake County to offer their condolences and gratitude for service.

Commr. Cadwell asked that Commr. Stewart coordinate with Veteran Services to ensure that all fallen soldiers from Lake County were recognized.

Commr. Hill stated that Lake County has a Memorial Wall in honor of the fallen soldiers that lists each solider by name and agreed with the recommendation by Commr. Stewart.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Roy Hunter and his wife, Francine appeared before the Board on behalf of the Northeast Lake County Chamber of Commerce.  He expressed his appreciation to the Board for the Paisley Fire Station.  He requested that the Board honor Mr. Richard Olson for his monetary donation of $8,453.00 to the Lake County Fire Department.

Commr. Cadwell acknowledged, with gratitude, the donation and stated that the Board would prepare a Resolution to be presented to Mr. Olson at a future Board meeting.

recess

The Chairman called for a recess at 11:38 A.M. and stated that the Board would reconvene at 1:00 p.m. in the Board Meeting Room.

reconvene

The Lake County Board of County Commissioners reconvened in a Special Workshop Session on Tuesday, August 4, 2009 at 1:00 p.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: Sandy Minkoff, County Attorney; Cindy Hall, County Manager: and Brenda Law, Deputy Clerk.

presentation

mining

Mr. Steve Adams, President of LPG Environmental and Permitting Services, Inc. expressed his appreciation to the Board for considering alternative language for the County’s Comprehensive Plan and presented a PowerPoint presentation outlining the recommendations of the Central Florida Sand Mining Association.  He outlined the four major areas of concern as existing mines becoming non-conforming uses; no new mines or expansion of existing mines in the Green Swamp Area of Critical State Concern (GSACSC); no recognition or strategic resource in the GSACSC; and economic loss to the County.  He recommended that additional language be added to Policy Number I-4.1.5 limiting the resource extraction within the GSACSC to sand deposits only.  He stated that staff recommended adding language to Policy Numbers I-4.1.5 and I-4.1.6, that Land Development Regulations (LDRs) to limit the impacts of mining activities shall be adopted by the County within 24 months of the effective date of the Comprehensive Plan.

Commr. Cadwell asked if they were recommending new LDRs that would mirror the new Comprehensive Plan.

Mr. Adams responded that their recommendation was to revise the County’s LDRs based on the Comprehensive Plan.  He suggested that the LDRs were the appropriate place to make any revisions if the County wants to set a different standard for that particular area.  He suggested requiring a Conditional Use Permit (CUP) for resource extractions and limiting resource extractions to only sand deposits on Policies Numbered I-4.2.3, I-4.2.4 and I-4.2.5.

Commr. Cadwell asked if there were other deposits being mined in the Green Swamp.

Mr. Adams responded that there are other deposits such as Peat and Phosphate, however, mining of these deposits are prohibited by the current Comprehensive Plan.

He stated that Policy Number 1.4.4.11 is a prohibition of new mines in the GSACSC, and suggested removing the language that new mines and expansion of the existing mines in the GSACSC shall be prohibited and replace it with “All new Peat or Phosphate mines in the GSACSC shall be prohibited”.  He stated that Policy Number I-5.1.1 was not specific regarding resource extraction.  He suggested revising the text to allow resource extraction with a CUP except in the Wekiva-Ocala Rural Protection Area and to limit extraction in the GSACSC to sand deposits only.  He suggested allowing other resources to be mined within the Rural Protection Area as long as the County’s Mining Site Plan (MSP) is followed.  He recommended requiring the reclamation of lands used for resource extraction on Policies Numbered I-5.1.3 and I-5.1.4.  He stated that the permitted uses within the Lake Apopka Basin Overlay District are not specific regarding resource extraction.  He suggested adding language that resource extraction is permitted with a CUP.  He noted that Peat is a mined resource in Lake County and suggested adding it to the list of minerals in Policy Number IV-35.  He explained that the Water Management Districts have jurisdiction over Borrow Pits and recommended including the Water Management District or other jurisdictional agency as appropriate to Policy Number IV-3.5.2.  He stated that Policy Number IV-3.5.3 is a prohibition of mining in environmentally sensitive areas specifically the GSACSC and recommended revising the policy to allow mining of sand deposits in the Green Swamp.  He noted that Policy Numbers IV-3.5.4 and IV-3.5.5 require hydro-geological studies and reclamation plans and both of those reports are currently required in the MSP process.  He noted that the Lake County Mining Ordinance has set the standard for local ordinances and has been a model for Sumter, Putnam, and Citrus counties.

Commr. Cadwell stated that according to his discussions with other counties there have been at least eight or nine counties that adopted the Ordinance after Lake County.

Mr. Adams explained that the Florida Department of Environmental Protection (DEP) has minimal standards regarding reclamation.  He stated that many counties want higher standards and the staff wants to ensure they have the appropriate data to make an informed decision.  He described the data submittal requirements for the Lake County Mining Site Plan (MSP) which include wetland and upland alterations and their associated mitigation plans; maps of physical and natural features; traffic studies; hydro-geological report; protected species survey; stormwater management plans; and a reclamation plan.  He explained that after the application has been considered complete it must be voted on by the Zoning Commission at a public hearing, followed by a vote of the Board of County Commissioners also at a public hearing.  He explained that depending on site conditions various permits would need to be obtained from the following agencies: Department of Environmental Protection (DEP); Department of Environmental Resources; U.S. Army Corps of Engineers; U.S. Fish and Wildlife Service; and the St. Johns River Water Management District.  He stated that once the State and Federal permits were obtained, a County Operating Permit must be acquired.  He stated that the Federal, State and County agencies require annual reports providing the location, minerals mined, and those that were encountered during mining activities.  He stated that mining in the Green Swamp is critical because it has been identified as a strategic resource by the Florida Department of Transportation (DOT).  He stated that without the sand deposits from the Green Swamp, these resources would have to be imported from the Bahamas, Mexico, or brought from other states resulting in a loss of jobs which would affect the local economy.

Commr. Cadwell reiterated that the key issue is mining in the Green Swamp.  He stated that there would be another Workshop for further discussion.

Commr. Renick asked which one of the two resources in the southern part of the County shown on the map provided is vital to the DOT.

Mr. Walter Wood, Senior Hydrogeologist, Environmental Utilities, stated that the DOT is looking for multi-sized grain sands because they are stronger and compact better than grains of the same size.

Economic development site Examples

Mr. Brian Sheahan, stated that in an earlier workshop the Board directed staff to put together some comparisons for three different categories of development.  He stated that Growth Management and Economic Growth & Redevelopment, worked together to comprise three examples comparing the existing and proposed Comprehensive Plan for an industrial site, a retail site, and a small “Mom & Pop” type business.  He commented that in the industrial site example they found that the developable area decreased based on the fundamental difference between the existing and proposed plans.  He explained that the proposed Plan uses net acreage whereas the existing plan uses gross acreage.  He defined net acreage as the entire area of a parcel minus any open water or wetlands, and stated that net acreage is used by most jurisdictions.  He stated that in this example the current plan allows for an intensity of 1, which means 100 percent of the site can be developed.  He stated that the building limitation has been removed in the proposed Plan.  He explained that the property uses in the proposed Plan were done differently, and the current Plan allows for all land uses except the ones listed; whereas the proposed Plan specifically lists narrowly defined uses for this land category.  He commented that the proposed Plan allows for conditional uses.

Commr. Cadwell stated that he was concerned that the list of land uses in the proposed Plan was too specific.  He commented that there may be other industries that the County may not be aware of and suggested that this matter should be investigated.

Ms. Amye King, Director of Growth Management stated that they have some recommendations that can be provided to the Board showing how other jurisdictions have treated permitted uses within a specific category.  She stated that a couple of different options will be provided to the board at the next Workshop.

Commr. Renick commented that it was never the intent of the Local Planning Agency (LPA) to be against business.

Mr. Sheahan explained that the second example was a commercial retail space.  He stated that the Future Land Use Category is Urban Compact Node (UCN) Non-Wekiva, located in a neighborhood activity center.  He stated that the proposed Plan would make this the Mount Plymouth-Sorrento Main Street District.  He stated that the floor area decreased and the impervious surface area ratio increased.  He mentioned that the Mount Plymouth-Sorrento Planning Advisory Committee was concerned about the height of the building being appropriate for their community; therefore the building height was reduced.  He noted that the proposed Plan may limit development further on this parcel.  He stated that the land uses are defined in the proposed Plan.  He stated that the current plan defers land uses to the LDRs which are not acceptable by the State Department of Community Affairs.  He noted that the proposed Policy Number I-2.1.4 requires the County to adopt a Market Square Zoning District.  He explained that once the Comprehensive Plan is complete and the Future Land Use Map is adopted, the County will have to create a Zoning Map indicating that the Market Square Zoning District would be smaller than the existing Main Street District.  He stated that there is a concern because this property is located in the Wekiva and the County will need to perform the appropriate studies to ensure that nothing is harming the aquifer.

Commr. Renick asked for clarification on the details of the proposed Main Street District.  She explained that her concern is how the County can address the floor area ratio to create the Main Street District.

Commr. Cadwell asked Ms. Amye King to follow-up with the Board on this matter.

Mr. Sheahan stated that the “Envisioning Better Communities Workshop” by Mr. Randall Arendt, President of Greener Prospects and Mr. Billy Hattaway, with Vanasse Hangen Brustlin, Inc. provided excellent examples addressing the concerns of Commr. Renick.  He commented that he would make an effort to obtain the material from the Workshop to present to the Board.  He stated that the final example of a small “Mom & Pop” type business is a day care facility in the Altoona area.  He stated that the floor area ratio increased by a factor of four under the proposed Plan.  He explained that the Impervious Surface Area ratio (ISR) increased and the building height limit was removed.

Commr. Renick clarified that the Board did not remove the building height restriction except in the Heavy Industrial Category.

Mr. Sheahan commented that staff was also directed by the Board to remove the building height limit in the urban high density category.  He explained that the County does not have to specify height in the Plan because it can be defined in the LDRs.  He stated that the following items were required under the current and proposed Comprehensive Plan: Landscape buffers, platting of wetlands, conservation easements for wetlands, hydrogeologic/geotechnical reports depending on the location, evaluation of impact on wildlife and habitat corridors, and the location of the site and the physical conditions of the site.

Commr. Cadwell asked staff to include the proposed Landscape Ordinance on the three samples already provided to show the effects of the proposed Ordinance.

Mr. Sheahan stated that the Board had previously requested the landscape analysis and they were being distributed today.  He stated that staff made note of the additional land and landscaping costs that would be involved.

alfred street corridor

Ms. Dottie Keedy, Director of Economic Growth & Redevelopment, stated that the purpose of redevelopment is to create jobs, eliminate blight, manage growth and preserve Lake County’s natural resources.  She suggested that they focus on the Alfred Street and C-19A corridors which are the unincorporated areas between the cities of Mount Dora, Tavares, and Eustis.  She commented that this area is comprised of a mix of industrial, office, commercial and high density residential that is under utilized.  She stated that this area follows the City Limits of the three cities and then runs south of Alfred Street to Old Highway 441.  She displayed recent photographs of the area, pointing out that there are overhead utility lines, no sidewalks, an existing rail line, and items stored in the right-of-way.  She stated that two shopping centers located in the City Limits of Mount Dora were included because officials from the City of Mount Dora are interested in working with the County on a Redevelopment Plan for this area.  She opined that this area has great opportunity for redevelopment because it is an enclave between the cities with very high traffic counts, availability of urban services, and a rail line.  She stated that the County could create redevelopment incentives such as building and façade enhancements, signage enhancements, and work on public space and streetscape improvements. She requested that Alfred Street be designated as a major commercial corridor and that 19A be designated as a minor commercial corridor.  She recommended removing the restrictions on the distance from the right-of-way and the maximum square footage, because these restrictions were too limiting and would prevent redevelopment.   She recommended designating the area as urban high density because it is one of the most urbanized areas of Lake County.  She stated that there is a similar success nearby in Seminole County which is the 17-92 corridors.  She stated that Seminole County and four cities have a Community Redevelopment Area along that corridor which has been in place for 20 years and has greatly increased the taxable value.  She explained that each city’s area has a specific redevelopment plan.  She stated that this is the proposed urban policy for the Florida Chapter of the American Planning Association.  She noted that it emphasizes the use of currently developed and underutilized urban areas and maximizes the use of existing infrastructure.

Commr. Cadwell confirmed that the requested language change regarding the maximum square footage and the distance from the right-of-way applies only to the proposed commercial corridor.

Commr. Renick asked for clarification on location of the commercial corridors in the Comprehensive Plan.

Mr. Sandy Minkoff, County Attorney stated that the information on the commercial corridors could be found on page 20 of the April 15, 2009 proposed Comprehensive Plan.

Mr. Brian Sheahan, Director of Planning & Community Design, Department of Growth Management, stated that the current major corridors are the entire length of U.S. Highway 441, the Old U.S. Highway 441 corridor from SR 19 to the junction of Eudora and SR 19A, SR 19 from U.S. Highway 441 to SR 44, U.S. 27 within a defined distance, SR 50 and U.S. 192.  He stated that one of the issues pointed out by Ms. Keedy is that 19A traveling from Alfred Street north to U.S. Highway 441 is defined as a minor corridor.

Commr. Renick asked if the Board was making a decision on this today.

Commr. Cadwell stated that he intended to vote on allowing the change, unless Commr. Renick was not comfortable with making that decision now.

Commr. Renick stated that after hearing the presentation, she wanted clarification why the Local Planning Agency (LPA) chose that area.

Mr. Sheahan stated that the corridors are placed on the map because they recognize existing development matters and that they were placed in the plan because they already exist and want to redevelop.  He explained that Ms. Keedy has requested removal of the restrictions in an effort to capture a broader base so it can be redeveloped as mixed use, resulting in higher intensity developments mixed with higher density.

Commr. Cadwell clarified that the removal of the restrictions would only apply to these specific corridors.  He directed staff to add the language and to move forward for comments and hearings.

coordination element

policies related to intergovernmental coordination are located in several elements throughout the plan

Commr. Cadwell stated that Option A was to relocate the policies.  He asked if there were any objections on Comment 205.

policy coordination

The Board selected Option A for Comment 206.

policy is unclear

The Board selected Option A for Comment 207.

strategies for water supplies

Mr. Brian Sheahan stated that the staff would like to propose the removal of the word, “all” in the fourth line from the bottom of the first paragraph of Option A for comment 208.  He stated that there are some small water suppliers that the County may not be able to contact.

Commr. Renick stated that in the first paragraph of option A, she would like to omit everything from, “specifically addressing identification and use of alternative water resources. The County shall coordinate with all water suppliers, both public and private, to ensure adequate quantities and quality of traditional and alternative potable water supplies.”  She also wanted to omit from the third paragraph, the second part of the last sentence that states, “and other water supply development –related initiatives facilitated by a Water Management District that affects the County.”  She questioned the language in the second paragraph regarding the statement that the County will maintain a water supply facilities work plan.  Her concern is that the County is not a utility.  She stated that her concern is regarding the alternative water supply.  She stated that she does not want to give the appearance of the Board supporting alternative water supply unless it is more specific which methods were being supported.

Commr. Cadwell stated that he would like to see the policy with the revisions as suggested by Commr. Renick before making a decision.  He asked that everyone put an asterisk by this one so they can discuss this matter further.

coordination with the lake county school board

No comment for Comment 209.

missing reference

Commr. Cadwell stated that based on the fact that no comment was made by the Board, he understood that they were agreeing with the staff recommendation for Comment 210.

gis system

The Board selected Option A for Comment 211.

sharing of resources

The Board selected Option A for Comment 212.

policy references a non-existent agreement

The Board selected Option A for Comment 213.

redundant language

The Board selected Option A for Comment 214.

Commr. Cadwell informed the public that because the Board received the mining information today, there would be a session for public comment at a later date.

Commr. Renick stated that she received an email from Ms. Peggy Cox.  She noted that there was someone present with a Ph.D. in Hydrology that would like to address the Board.

public facilities element

the introduction should be updated

Commr. Cadwell stated that he selected Option A for Comment 240 as long as it specifically states “on an interim basis.”

public facilities element – aquifer recharge

policies should be relocated

Commr. Renick asked for clarification on Comment 241 and questioned whether the policies would be in both places if the Board selected Option B.  She stated that she was indifferent to either Option A or B for Comment 241.

policy is unclear

The Board selected Option A for Comment 242.

policy may be confusing

With regard to Comment 243, Commr. Renick stated that she did not have the same interpretation as staff.  She opined that the policy makes sense as it is written and suggests leaving it as proposed.

Mr. Sandy Minkoff, County Attorney stated that the staff recommendation was intended to change the wording of the policy,  not the meaning.

policies are too broad

The Board selected Option A for Comment 244.

policy is too broad and its application premature

Commr. Renick stated that she understood the staff recommendation for Comment 245, but felt removing policy did not address the problem.

Mr. Sandy Minkoff suggested accepting the staff’s recommendation and including the details in the LDRs.  He stated this would prevent any issues with the minor rezoning cases.

Commr. Cadwell stated that he was fine with the language in Option A.

Mr. Brian Sheahan suggested changing the policy title to Aquifer Impact Analysis to better describe the policy.  He also suggested including the language, “within aquifer protection zones and sites containing karst features” to the end of the proposed policy change.

Commr. Renick voted for the changes presented by Mr. Sheahan for Comment 245.

public facilities element – potable water

part of the objective and the supporting policy are unnecessary

The Board selected Option A for Comment 246.

policy is confusing

Commr. Renick asked how the County will monitor the impact of reclaimed water on potable water demand as proposed in Option A for Comment 247.

Mr. Brian Sheahan stated that the County would have to monitor the consumptive use permits.  He suggested changing the “shall” to “may,” and if the County has the resources and staff available they can do the monitoring.

Commr. Cadwell clarified that we should only change the “shall” to “may” in the first sentence of Option A.

Mr. Sandy Minkoff asked if the County would compare a subdivision that uses reclaimed water versus a subdivision that did not use reclaimed water to determine the impact.

Commr. Cadwell confirmed that everyone is in agreement with changing the “shall” to “may”.

Commr. Renick clarified that this information would be for their knowledge since the County is not a utility.

coordination with other agencies

The Board selected Option A for Comment 248.

policy is worded awkwardly and is confusing

The Board selected Option A for Comment 249.

Mr. Brian Sheahan suggested ending Option A with, “if original system is not available.”

public facilities element – sanitary sewer

regional wastewater service criteria

The Board selected Option A for Comment 250.

mandatory connection ordinance

Mr. Brian Sheahan stated that staff recommends deleting the first sentence of the third paragraph of Option A.

The Board selected Option A for Comment 251.

onsite wastewater treatment systems

Commr. Renick suggested changing the language from the specific year to all newly installed septic tanks.

Mr. Brian Sheahan acknowledged this change for Comment 252.

industrial and hazardous waste

The Board selected Option A for Comment 253.

septic tanks

Commr. Renick asked how the County would keep track of the septic tank inspections to ensure the inspections are done every five years.

Mr. Brian Sheahan stated that staff recommends revising the policy to state that the County will cooperate with the Department of Health to “consider” the establishment of a septic tank program.  He stated that the Department of Community Affairs has continually asked the county to establish this inspection program but advised that based on our current financial constraints and lack of expertise, it may not be something the County would want to commit to at this time.

Commr. Cadwell stated that if the Department of Health is going to provide the inspectors, that is fine but the County can not afford to incur this cost at this time.

Ms. Amye King stated that this is one of those issues that the County will have to assume that people are doing the right thing.  She stated that this program currently exists in the Green Swamp, and the Department of Health does enforce it intermittingly.

advanced wastewater treatment

The Board selected Option A for Comment 255.

advanced and enhanced on-site wastewater treatment

Mr. Brian Sheahan requested removing the Department of Health from the third sentence of Option A.  The legislature has been undecided about who will be making the rules.

onsite sewage disposal maintenance

Mr. Sheahan stated that based on the previous direction from the Board on septic tanks, staff recommends Option A to remove or require repair because it is clear that the Board does not want that to be a requirement in a policy, and then deleting everything after the first sentence on Comment 257.

public facilities element – solid waste

solid waste management

Commr. Cadwell stated that he received a letter last week from Citrus County requesting a meeting of the Chairmen to discuss the solid waste management systems of each of the counties.

Commr. Renick stated that she would like to delete this policy, because it is too specific and should not be in the Comprehensive Plan

Commr. Cadwell stated that the Department of Community Affairs is going to require this policy because it is part of the public facilities.

The Board selected Option A for Comment 258.

universal solid waste collection

Commr. Renick stated that they did not always have universal solid waste collection and asked for confirmation that it was not required in the Comp Plan.

The Board selected Option A for Comment 259.

landfill capacity

The Board agreed with the staff recommendation on Comment 260.

landfill monitoring

The Board agreed with the staff recommendation on Comment 261.

recycling

The Board agreed with the staff recommendation on Comment 262.

public education

Commr. Renick asked that if the County decides to implement mandatory recycling, would the education and awareness programs be necessary.

Mr. Daryl Smith, Director of Environmental Resources opined that if the County implemented mandatory recycling, public awareness and education would still be needed.

Commr. Cadwell clarified that the County will commit to the recycling program but did not specify how vast the program will be.

The Board selected Option A for Comment 263.

composting and mulching

Commr. Renick asked for clarification if the continuation of this program included the collection of yard waste for Comments 264 and 265.

Mr. Daryl Smith stated that yard waste can be comingled with the rest of the garbage.  He stated that the program can include collection but it is not required.

utilization of the waste-to-energy facility

Commr. Renick stated that the language in this policy specifically names Covanta, and at this time the Board does not know if they are going to continue with Covanta.  She asked how the County included a specific waste-to-energy facility in the Comp Plan.

Mr. Daryl Smith stated that the key point in this policy is not that the County would definitely continue an agreement with Covanta, but that by the said date the County would have made a decision.

Commr. Cadwell stated that the County is going to have alternatives to Covanta and asked staff to revise the language in this policy.

Commr. Conner expressed his concern with the language in this policy as written for Comment 266.

monitor the potential for ash residue reuse

Commr. Cadwell stated that this is the same scenario as Comment 266 and asked that staff ensure Mr. Sandy Minkoff, County Attorney is involved in the process.

county monitoring of landfills

The Board agreed with the staff recommendation for Comment 268.

incorrect departmental name

The Board agreed with the staff recommendation for Comment 269.

acceptance of imported solid waste

The Board agreed with the staff recommendation for Comment 270.

county monitoring of landfills

The Board agreed with the staff recommendation for Comment 271.

solid waste levels of service

Commr. Renick suggested Option C because if the County decides to change it at a later date, they would have to do a Comp Plan change.

Commr. Conner agreed with the suggestion by Commr. Renick.

litter/nuisance control

Commr. Renick recommended Option A with changes.  She opined that the education and awareness programs would not prevent the illegal dumping and littering.

Commr. Cadwell commented that the awareness programs might educate other citizens to turn in the people who are illegally dumping.

Commr. Renick asked if the County currently had a fee schedule of fines for littering and dumping.

Mr. Minkoff stated that it is a violation of our code to dispose of waste illegally by dumping it onto other people’s property or into the right-of-way.  The County occasionally has code enforcement cases when the County can prove who performed the illegal dumping.  The County usually requires the offender to clean it up and to pay for the cost of the clean up.  Repeat offenders are fined automatically.

Commr. Cadwell stated that we could change the “shall” to “may” in the last sentence of Option A.

intergovernmental coordination

Commr. Renick suggested the County delete this policy.  She stated that she felt this issue was addressed in other areas and should not be included in the Comp Plan.

Commr. Cadwell commented that this policy outlines good government policy.

Ms. King stated that staff could remove the word “regular” in the proposed policy to address Commr. Renick’s comment.

public facilities element – stormwater contour mapping

Mr. Sheahan stated that staff would like to revise the language in Option A to include “where available” after one foot contour intervals.

stormwater bmpS – low impact development (lid)

The Board agreed with the staff recommendation for Comment 276.

missing reference

Mr. Sheahan stated that this policy inappropriately references the land development regulations (LDR).  He recommended using the original policy language and add “within 24 months the County shall adopt land development regulations (LDR).

The Board agreed with the staff recommendation for Comment 277.

drainage  and injection wells

Commr. Renick asked for an explanation of an injection well as used in this policy.

Mr. Walter Wood provided an explanation of the various types of injection wells and the differences between them.

Commr. Renick stated that she is okay with the policy.

master stormwater plan for the wekiva study area

Commr. Renick clarified that the underlined text should be deleted.

The Board agreed with the staff recommendation for Comment 279.

karst sensitive areas

The Board agreed with the staff recommendation for Comment 280.

additional best management practices within the wsa

The Board agreed with the staff recommendation for Comment 281.

public facilities element – public school facilities

definition common open space

Mr. Sheahan requested that the language, “natural areas and passive recreational areas” be removed from the policy.

The Board agreed with the staff recommendation for Comment 282.

definition of floodplain and the 100-year floodplain

The Board agreed with the staff recommendation for Comment 283.

definition of water body

The Board agreed with the staff recommendation for Comment 284.

recess and reassembly

At 2:45 P.M., the Chairman announced that the Board would recess for ten minutes and when they return they would hear public comments before the judicial center workshop.

Commr. Cadwell addressed the public stating that the Comprehensive Plan Workshop took longer than expect and apologized but the Board was going to have to cancel the public comment period because the Board asked the Judges, State Attorney, and the Public Defender to be here at 3:00 P.M. for the Judicial Center Workshop.  He promised that the Board would ensure time for public comment at the next workshop.

judicial center workshop

Ms. Cindy Hall, County Manager, provided an update from the last meeting.  She stated that following the stakeholders meeting, instructions were given to Heery Design regarding the estimated budget of $35 to $47 million and the desire to retain the current courtrooms. The Board also instructed the architect that the new building should be designed with the expectation of future expansion.  She stated that Mr. Doug Kleppin with Heery Design would be presenting to the Board some of the challenges with the existing building and some conceptual drawings that were prepared based on the last instruction from the Board.

Commr. Cadwell expressed his appreciation to the Honorable Don F. Briggs, Administrative Judge, Lake County; the Honorable Mark A. Nacke, Circuit Judge; Mr. Howard H. Babb, Jr., Public Defender; Mr. Brad King, State Attorney; and Mr. Neil Kelly, Clerk for participating in the discussion today.

Commr. Renick stated that the only specific direction that was previously given to the architect was the range of the budget.

Mr. Doug Kleppin, Lead Designer with Heery Design presented an animation of the existing courthouse.  He explained the layout of the courtrooms and some of the challenges of the existing building and that there must be two ways of egress to be compliant with the building code.  He stated that the primary exit is located at the front of the courtroom and the secondary exit is located at the back of the courtroom which shares that space with central holding.  He commented that ideally the public, judicial staff, and jurors would be kept completely separate from the inmates.  He noted that another issue is jury dismissal; after trial the only way for the jury to exit the deliberation suite is through the courtroom to the public corridor.  He stated that in best practice, there would be a secondary route for jury to exit from the deliberation suite.  He commented that another concern is the judicial circulation, which does not work if the judge is not going to a courtroom that is associated with his chambers.  He stated that this is a concern because judges may have to leave their chambers, walk down a public corridor into another judge’s chambers to access the appropriate courtroom.  He noted that the last issue with the existing building is that the delivery into courtroom number seven crosses paths with the loading dock.  Mr. Kleppin presented two different floor plan options for the expansion.

Commr. Cadwell asked which of the two options would be the easiest to expand.  He stated that the jury selection room needed to be expanded.

Mr. Kleppin stated that both options would allow for the expansion of the jury selection room, but the plans presented did not identify that because they were focusing on the core court operations.

Honorable Judge Don F. Briggs, remarked that the Board initially asked for a design that would be a twenty year building that was 300,000 square feet but the proposed building is only one third of the space and should last approximately six to eight years.  He commented that due to the lack of space by all entities using the courthouse, if the expansion is only 100,000 square feet that it would quickly be filled to capacity.  He stated that if the proposed plan retains the current courtrooms, the second floor will have to remain because that is the only way for judicial staff to access those courtrooms.  He pointed out that the second floor is going to have to be redesigned to allow access into the courtrooms by visiting Judges, Magistrates, and Child Support Hearing Officers, etc that serve the public.  He stated that at this time there are fifteen Judges using eight courtrooms.

Commr. Cadwell stated that the Board has decided the budget for the building is going to be $50 million and that a decision now had to be made on how many of the existing courtrooms should remain, if not all of them.

Honorable Judge Don F. Briggs stated that it is constitutionally mandated that the Commission is to provide space for the State Attorney, Public Defender, and the Clerk.

Commr. Conner asked the architect if they knew how many square feet this building is going to be.

Mr. Kleppin replied that the size of the building depends on the budget.

Commr. Conner stated that the Board has given the architect a budget.  He asked if based on the budget given, the architect has determined the square footage or how many floors the building is going to be.

Mr. Kleppin stated that the determination of the square footage also has to do with the timing.

Commr. Conner asked that if there were a specific number of courtrooms that fit on each floor based on the options presented.

Mr. Kleppin stated that a minimum of four courtrooms would fit per floor.  He stated that a good model for the budget would be a building that is anywhere from four to five stories tall.

Commr. Conner stated that if only four new courtrooms are built, it would probably be best to retain all of the existing eight courtrooms.  He stated the first need is to get the Public Defender back into the judicial center.  He stated he would like to know what the square footage is going to be and how it is going to be allocated to each of the entities that need space.

Mr. Kleppin stated that the amount of square feet in the new building dedicated to courts would be contingent upon how many courtrooms are retained in the existing building, which would also affect the cost per square foot because courtrooms are more expensive to build than office space.  He stated that an in-depth analysis of square footage and the allocation of it has not been done because they are waiting for a definitive answer regarding the number of existing courtrooms that will be retained.

Commr. Stewart opined that she wanted to make sure the County was flexible enough to make the most efficient use of the County’s money in regards to the number of courtrooms.

Commr. Renick asked the architect if the options presented today would have been different if the previous direction was not to retain the existing courtrooms or were the options presented the most cost effective.

Mr. Kleppin stated that the options presented would have been different had they understood there was some flexibility to the number of courtrooms retained.

Commr. Cadwell stated that he understood the inadequacies of the existing courtrooms but reiterated the comment by Mr. Kleppin that courtrooms are the most expensive to build.

Commr. Conner stated that his notes from his meeting with Mr. Glenn Mullin, Vice President with PPI, and Mr. Jim Bannon, Director of Capital Construction, indicated that it would cost $5.7 million to modify the existing courtrooms into office space.  He opined that it would be most cost effective to retain the existing courtrooms.

Mr. Kleppin stated that he will need to do some studies that illustrate how much building can be developed or built given the established budget.

Commr. Cadwell opined that at least six of the courtrooms should be retained.

Mr. Kleppin stated that a strategy that retains the use of the existing courts is a good way to offset the construction costs.

Commr. Cadwell asked if it was the majority of the Board’s wishes to retain all of the existing eight courtrooms.

Commr. Hill stated that due to the inherit problems of egress with the existing courtrooms there is going to be a cost associated with retrofitting them.

Mr. Kleppin stated that the model presented did not include retrofitting the existing courtrooms to address the issues of egress.  He opined that retrofitting the existing courtrooms to address the previously named conflicts would be extremely expensive.

Commr. Cadwell stated that he would like to give the architect some flexibility in the number of existing courtrooms to be retained.

Commr. Renick stated that the Board had already given that flexibility at the last meeting.

Commr. Conner asked for clarification on the level of flexibility being granted to the architect.

Commr. Cadwell stated that he wants the architect to maximize the building space based on the budget provided, with the understanding that he will maximize the number of existing courtrooms.

Commr. Renick stated that she did not want to give any restrictions other than the budget.

Commr. Stewart asked for the Board to prioritize the needs of the new building, determining which is more important, more courtroom space or office space for the Public Defender and Clerk.

Mr. Brad King, State Attorney, stated he wanted to make sure the Board was aware that his office has an immediate need for space.  He commented that he currently has a member of staff that does not have an office.  He stated that she has to find space to interview victims and he has another staff member that is out on military leave that will not have an office when he returns to work.

Mr. Howard H. Babb, Jr., Public Defender, stated that he hired an employee today and does not have any office space for her.  He stated that at one time it was presented that the Public Defender’s Office would relocate to the current courtrooms one through four.  He opined that the previous option to relocate to the current courtrooms did not seem like a good place for a law office.

Commr. Renick asked the stakeholders if the number one priority would be space for the State Attorney, Public Defender and the Clerk.

Mr. King stated that Lake County has seen an increase in civil and criminal cases.  He stated that the State Attorney’s office is in the process of relocating staff to Lake County based on case counts.  He explained that as a position opens in Marion County, the State Attorney is looking to fill the position in Lake County.  He stated that he needs space just to be able to function and service the County.

Commr. Renick reiterated that the Board is going to have to prioritize in order to work within the determined budget.

Commr. Hill stated that the purpose of the space study was to determine what each entity needed in the new building.

Commr. Cadwell stated that understanding the concern about giving up courtrooms, the architect should return with a plan that best utilizes the existing building and is the most effective option for the budget.

Honorable Judge Don F. Briggs stated that the bids show the cost to be approximately $300 per square foot, if the County builds a 100,000 square feet, the building will cost $30 million.  He stated that the current building is approximately 100,000 square feet so the new building would double in size, and in that space there is a need for a new jury selection room and room for the State Attorney and Public Defender.  He mentioned that there are some problems with the existing building, first of all the egress on the South end of the building.  He stated that for twenty years there has been controversy with the Fire Marshall regarding the egress.  He commented that the Judges like the existing courtrooms.  He stated that the Judges toured ten different courthouses when the current building was being built, and he opined that our existing courtrooms are better than any of the others in the area.  He agreed that there are some inherit problems, particularly when there is a high  profile case and the jury has to exit through the public corridor.  He stated that the judges must share restroom facilities and access to their offices with the public.  He opined that the best way to utilize the budget is to keep the existing courtrooms and build more courtrooms and office space.

Ms. Cindy Hall, County Manager, clarified that the Board is directing the architect to reuse all of the existing courtrooms without any consideration of converting a few into the new jury assembly room.

Commr. Conner stated that he would like to have regular updates.  He stated that when the figures have been determined how much square footage is allocated to each entity, he would like to have that information to review.

Commr. Hill stated that until recently the Board was getting constant updates.

Commr. Stewart reiterated that the Board has decided to keep the eight existing courtrooms.

Mr. Jim Bannon, Director of Capital Construction, asked if the flaws with the existing courtrooms were going to be corrected.

Ms. Hall stated that retrofitting the existing courtrooms would depend on the amount of funds remaining in the budget.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:55 p.m.

 

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welton g. cadwell, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK