A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 2, 2006
The Lake County Board of County Commissioners met in regular session on Tuesday, May 2, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present were Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cynthia W. “Cindy” Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Judy McAuley, Deputy Clerk.
INVOCATION AND PLEDGE
The Reverend Dr. Isaac Deas, The Fathers House Christian Center, Leesburg, Florida, gave the Invocation and led the Pledge of Allegiance.
Ms. Cindy Hall, County Manager, announced the addition of Addendum No. 1 with one item under the County Manager’s Departmental Business and two rezoning public hearings (Sorrento Village and Sorrento Hills, Inc.). She asked to pull Tab 8 from the consent agenda and place it under Departmental Business for a presentation on the Umatilla Health Clinic Project.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved to put an information item regarding Lake County Day funds on the agenda.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Minutes of January 24, 2006, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of February 23, 2006, Special Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved the Minutes of April 11, 2006, Regular Meeting, as presented.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 8, as follows:
List of Checks or Warrants
Request to acknowledge receipt of list of checks or 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.
Contractor Bonds - New, Rider and Stipulation
6164-06 Curtis Sponer dba Design Electrical Contracting
6471-06 Steve Bocas dba Steve Bocas Electric, Inc.
6472-07 Danny L. Taylor dba 4-D Electric LLC
6473-06 Roger Ollanketo dba Sound Image of Orlando, Inc.
6070-07 Change principal’s name to read: Kevin Leutzinger dba Project Tile of Central Florida (Bond No. 25424141).
4611-06 Bond No. 98-PA-5695-7, on behalf of Randall Construction, effective March 22, 2006, said bond is amended as follows: Principal’s name amended to: Randall Construction LLC
Monthly Distribution of Revenue, Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue, Traffic/Criminal Cases, Month Ending March 31, 2006. Disbursements due to Board: $222,649.65. Same period last year: $164,555.89.
Southwest Florida Water Management District
Request to acknowledge receipt of Comprehensive Annual Financial Report from the Southwest Florida Water Management District, for the year ended September 30, 2005.
City of Tavares - Notice of Public Hearing - Proposed Ordinance 2006-19
Request to acknowledge receipt from the City of Tavares, Notice of Public Hearing, considering enactment of proposed Ordinance 2006-19, amending the Tavares Comprehensive Plan, providing for an amendment to the density allowance for the commercial downtown district. Proposed Ordinance 2006-19 will be considered by: Tavares Planning & Zoning at 3 p.m., April 20, 2006; and Tavares City Council at 5 p.m., May 3, 2006; and Tavares City Council at 5 p.m., May 17, 2006. Meetings will be conducted in the Tavares City Council Chambers in City Hall at 201 East Main Street, Tavares, Florida.
City of Tavares - Notice of Public Hearing - Proposed Resolution 2006-01
Request to acknowledge receipt from the City of Tavares, Notice of Public Hearing, to consider enactment of proposed Resolution 2006-01, to vacate certain portions of public street rights-of-way within the property generally known as the Lake Region property, located south of Ruby Street, east of Sinclair Avenue and west of New Hampshire Avenue, Tavares, Florida. Proposed Resolution 2006-01 will be considered by Tavares Planning & Zoning at 3 p.m., April 20, 2006; and Tavares City Council at 5 p.m., May 3, 2006. Meetings will be conducted in the Tavares City Council Chambers in City Hall at 201 East Main Street, Tavares, Florida.
City of Clermont - Notice of Proposed Annexation
Request to acknowledge receipt from the City of Clermont, notice of proposed annexation of property generally located east of Lake Minneola, south of C.R. 565-A and approximately one mile north of S.R. 50. A public meeting to consider the annexation request will be held before the City Council at City Hall, 685 West Montrose Street, Clermont, Florida, for final enactment.
Village Center Community Development District
Request to acknowledge receipt from the Village Center Community Development District, the 2005 Audited Financial Report (Basic Financial Statements with Independent Auditors’ Report), dated September 30, 2005. The report is submitted pursuant to Florida Statutes 218.32.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, pulling Tab 8 (for a presentation) and Tab 6 (for discussion) as follows:
Request for Budget transfer – General Fund, Department of Growth Management, Public Lands. Transfer $150,000.00 from Contractual Services to Professional Services. Funds for Professional Services were incorrectly budgeted in Contractual Services. County Finance has requested this budget transfer to prevent the need to override the Professional Services account. Funds available in Contractual Services.
Request for Budget transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division. Transfer $124,082.00 from Repair and Maintenance to Utility Services. Additional funds are needed to pay the unexpected increase in cost for utilities. Funds are available in Repair and Maintenance. The funds for resealing the Judicial Center will not be needed, as the reseal will be a part of the moisture study and renovation. The demolition funds for the Umatilla Maintenance Barn will not be needed, because it will be sold.
Request for Budget transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division, Facilities Maintenance Section. Transfer $35,074.00 from Facilities Maintenance: Repair and Maintenance to Facilities Services: Overtime ($1,917.00), Contractual Services ($2,353.00), and Repair and Maintenance ($30,804.00). Facilities Services was split from Facilities Maintenance in Fiscal Year 2006. These funds need to be transferred to the Facilities Services Section, as the responsibilities are included in that section. Funds are needed in Overtime to oversee contractors after hours. Funds are needed in Contractual Services for the increase in the carpet cleaning contract. Funds are needed in Repair and Maintenance for the increase in the lawn service contract and landscaping costs.
Economic Development and Tourism
Request for approval and signature of Proclamation 2006-75 designating May 13 through May 20, 2006 as National Tourism Week.
Request for approval and execution of a Release of Fine for Robert E. and Janet E. Williams, Property Owner, Code Case Number 2005010001.
Request for approval and authorization of the first Addendum to expand Starmer Ranaldi, Planning and Architecture, Inc., scope of work from schematic design (which was previously approved by the BCC) to complete design services inclusive of the following phases: design development, construction documents, bidding/negotiation, and construction administration, for RSQ Number 05-097, South Tavares Complex. The Addendum stipulates that the architects need further approval before they can proceed beyond design development phase.
Request for approval and signature on an Agreement between Lake County, Florida, and the Anderson Hill Subdivision Homeowners Association (HOA), which establishes responsibility for a retention pond between two lots within the subdivision.
Request for approval and authorization to release a Letter of Credit for Performance for Construction of Improvements in the total amount of $846,060.00 that was posted for Blue Spring Lake. Blue Spring Lake consists of 34 lots, Commission District 3.
Request for approval and authorization to execute revised Resolution 2006-76, (repeals and replaces Resolution 2005-97) accepting Pinegate Trail and Totem Pole Terrace into the Lake County Road Maintenance System. Lakewood Ranches consists of 149 lots, Commission District 4.
Request for approval and authorization to release a Letter of Credit for Performance in the amount of $55,825.00 posted for Swiss Fairways Phase II. Swiss Fairways Phase II consists of 21 lots, Commission District 2.
Request for approval and authorization to release a maintenance bond in the amount of $231,689.16 posted for road improvements on CR 455 in conjunction with Bella Collina. The Bella Collina project consists of 898 lots, Commission Districts 2 and 3.
Request for approval and signature of the Subordination of Utility Interests Agreement between Lake County and Florida Power Corporation d/b/a Progress Energy Florida, Inc. for the following project: Progress Energy Florida, Inc./Grand Highway/Citrus Tower Boulevard Intersection Signal Project.
Request for approval and authorization to release a Performance Bond in the amount of $1,693,398.39, accept a Maintenance Bond in the amount of $135,503.49, execute a Developer’s Agreement for Maintenance of Improvements between Lake County and the Ryland Group, Inc., for the Windsong at Leesburg Plat, and execute Resolution 2006-77 accepting the following roads into the County Road Maintenance System: Windsong Oak Drive (County Road Number 3015), Meadow Breeze Lane (County Road Number 3015A), Whisper Pine Drive (County Road Number 3015B), Singing Lark Court (County Road Number 3015C) and Quiet Laurel Lane (County Road Number 3015D). Windsong at Leesburg consists of 185 lots and is in Commission District 3.
Request for approval to authorize and execute Resolution 2006-79 accepting Forest Drive (County Road Number 7498), Laurel Court (County Road Number 7598), and Hillcrest Drive (County Road Number 7898D) into the County Road Maintenance System, concerning Special Assessment Project Number 94 - Forest Drive.
PUBLIC LANDS DIVISION OF GROWTH MANAGEMENT
GRANT APPLICATIONS TO FLORIDA COMMUNITIES TRUST
Mr. David Hansen, Public Lands Manager, presented the request for approval and authorization to submit three grant applications to Florida Communities Trust to aid in the potential acquisition of properties. The properties are an 8.5-acre parcel on Dead River Road, a 166-acre parcel (Rickerson property) adjacent to the Lake Norris Conservation Area Addition, and a 20-acre parcel on the south side of the Wekiva River at the State Road 46 bridge. Mr. Hansen showed a map of the Rickerson property. He showed an aerial photograph of the Dead River Road parcel, which includes a 2.5-acre pond and canal access to the Dead River. He explained that stormwater from Imperial Terrace-West, which now dumps into a canal without treatment, would be piped to the pond. The pond may be enlarged if necessary. The Dead River Road parcel is in the City of Tavares city limits. (The map and photograph are included in the backup material.)
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request for approval and authorization to submit three grant applications to Florida Communities Trust to aid in the potential acquisition of properties.
PERSONAL APPEARANCES - EMPLOYEE AWARDS
Chairman Hanson presented the following Employee Awards, with Ms. Sharon Wall, Employee Services Director, giving brief remarks about each individual:
Presentation of Award to Employees with Five Years of Service
Jose Bermudez-Sanchez, Assistant Veterans Service Officer, Community Services/Citizen Support Services/Veterans Services
Dale Brannen, Mechanic/Welder/ Fabricator, Public Works /Fleet Management
Mark A. Peck, Senior Maintenance Specialist, Facilities Development & Management/Facilities Management/ Facilities Maintenance
Annette S. Williams, Lead Permitting Specialist, Growth Management/Building Services/Main Office
Presentation of Award to Employees with Fifteen Years of Service
Norman R. Hurlburt, Energy Management Supervisor, Facilities Development & Management/Facilities Management /Energy Management (not present)
Presentation of Award to Employees with Twenty Years of Service
James Bridgewater Jr., Aquatic Technician, Environmental Services/Special Programs/ Mosquito/Aquatic Plant Management/Aquatic Plant Management
Presentation of Award to Employee with Twenty-Five Years of Service
Eric Cotsenmoyer, Mosquito & Aquatic Plant Management Director, Environmental Services/Special Programs/Mosquito/Aquatic Plant Management/Aquatic Plant Management
Presentation of Award to Retiring Employee with Fifteen Years, Five Months of Service
Leon Burton, Environmental Inspector, Environmental Services, Solid Waste Administration (not present)
Presentation of Employee of the Quarter Award
Linda Maston, Office Associate III, Environmental Services/Water Resources & Environmental Programs
Presentation of Supervisor of the Quarter Award
Sheila Short, Planner, Team Supervisor, Growth Management/Customer Service
Presentation of Team Award to the STAR Team
Deborah Kohler, Public Hearing Coordinator, Growth Management, Building Services
Cindy Heffler, Customer Services Specialist III, Environmental Services, Administration
Lori Conway, Funding & Production Director, Public Works, Funding & Production
Stephanie Glass, Teen Court Coordinator, Community Services, Probation Services
Anna Lawver, Administrative Office Associate I, Facilities Development & Management, Administration
Miriam Naas, Senior Employee Services Associate, Employee Services
Marcia Johnson, Property and Liability Coordinator, Employee Services
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PRESENTATION - FACILITIES DEVELOPMENT & MANAGEMENT
UMATILLA HEALTH CLINIC PROJECT - SCHEMATIC DESIGN
Mr. Jim Bannon, Facilities Development and Management Director, introduced Mr. Ronald N. Lang, AIA, NCARB, Senior Vice President, Harvard Jolly, Inc., architects, who presented the request for (1) approval to authorize and execute the first Addendum to cover the balance of design services for the Umatilla Health Clinic Project and (2) approval of the Schematic Design for the Project; using new and existing building, as follows:
Regarding green building, Mr. Lang confirmed that they will obtain a LEED® (Leadership in Energy and Environmental Design) Silver Certificate. Commr. Hanson stated that she would like to see more landscaping around the retention pond to make it more attractive.
Under the first option, Mr. Lang explained that about one-third of the walls will be changed, the mechanical system will be replaced, the roof will be reworked, and the roof membrane will be replaced.
Regarding a realistic timeframe for completion, Mr. Lang stated that they would like to be done with construction documents in three to four months and agreed that construction will take an additional nine or ten months. Mr. Bannon stated that he will be coming back to the Board periodically with updates on costs and the schedule. He added that a construction manager has been chosen and a contract with him will be expedited. He stressed that the clinic will be built as quickly as possible.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request from Facilities Development & Management for (1) approval to authorize and execute the first Addendum to cover the balance of design services for the Umatilla Health Clinic Project and (2) approval of the Schematic Design for the Project, using the existing building.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
CODE ENFORCEMENT OFFICER POSITION
Ms. Carol Stricklin, Growth Management Director, presented the request for approval and authorization of a Code Enforcement Officer Position and associated Budget Transfer from General Fund Reserves in the amount of $48,745.00 to support new efforts of the Lake County Sheriff’s Office and Community Enhancement Program. She explained that this position will allow Code Enforcement to undertake proactive and community-oriented Code Enforcement activities, particularly related to the abatement of unsafe, blighted and neglected structures. Code Enforcement will be partnering with the Sheriff’s Office and the Community Enhancement Program to improve community conditions.
Regarding Commr. Hill’s concern for the safety of Code Enforcement Officers, Ms. Stricklin stated that they will work closely with the Sheriff’s Office. She stated that the Code Enforcement Officers are trained in those aspects of safety. She agreed with Commr. Cadwell that the Code Enforcement Officer would follow up the next day and not participate in the enforcement action itself.
A motion was made by Commr. Pool and seconded by Commr. Stivender for approval of the request for a Code Enforcement Officer Position and associated Budget Transfer from General Fund Reserves in the amount of $48,745.00 to support new efforts of the Lake County Sheriff’s Office and Community Enhancement Program.
Under discussion, Commr. Cadwell stated that this is the first step Lake County is taking to address the meth (methamphetamine) problem which is everywhere and will continue to grow. He stated that we will have to stay on top of that issue from an environmental end, a law enforcement end and a code end.
Commr. Hanson called for a vote on the motion which carried unanimously by a 5-0 vote.
SPAY/NEUTER PROGRAM AT LAKE COUNTY ANIMAL SERVICES
Mr. Gary Kaiser, Public Safety Director/Fire Chief, presented the request from Public Safety for approval of the expenditure of the Animal Shelter Trust Fund monies for the purpose of establishing and operating a spay/neuter program at Lake County Animal Services for adopted dogs/cats. This program would provide more services to the animal and new animal owner at a lower cost for both the County and the public. He noted that Ms. Marjorie Boyd, Animal Control Director, is present to answer specific questions.
Commr. Stivender stated that she talked to the County Manager and the Public Safety Director regarding the fact that the Animal Services facility needs to be expanded. She asked the Board to keep that in mind during the budget process.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the expenditure of the Animal Shelter Trust Fund monies for the purpose of establishing and operating a spay/neuter program at Lake County Animal Services for adopted dogs/cats.
ADVERTISE ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request from Public Works for approval to advertise an ordinance amending Section 14.07.05, Land Development Regulations, entitled “Construction Requirements,” to require subdivision developers to comply with FDOT pavement marking and testing standards.
SUPPLEMENTAL LOCAL AGENCY PROGRAM (LAP)
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request from Public Works for the adoption of Resolution 2006-80 and approved the Supplemental Local Agency Program (LAP) Agreements with the Florida Department of Transportation (FDOT) for CR 48 Paved Shoulders construction, Lakeshore Drive Paved Shoulders construction, and South Lake Trail/Lake Minneola Trail Phase II construction to reflect the following changes to the original LAP Agreements as required by the U.S. Inspector General’s Office: adds the Dun and Bradstreet Data Universal Numbering System (DUNS) number (80-939-7102); and amends the Single Audit Language in Section 5.04 Audit Reports of the original Agreement.
PUBLIC WORKS - ADDENDUM NO. 1
FLORIDA COMMUNITIES TRUST GRANT APPLICATION - NORTHEAST COMMUNITY PARK
A motion was made by Commr. Cadwell and seconded by Commr. Hill for Board approval to submit a Florida Communities Trust (FCT) Grant application for the reimbursement of $467,750.00 which is 45 percent of the purchase price of $1,035,000.00; and approval to commit $467,750.00 reimbursed funds to continue Phase II of the construction of the Northeast Community Park, if the grant is awarded to Lake County.
Under discussion, and response to Commr. Pool’s inquiry as to whether it helps to make application in advance or arrears, Ms. Cindy Hall, County Manager, confirmed that you get more points for having purchased the land.
Commr. Hanson asked if funding is available for parks and recreational buildings from FCT. Ms. Hall opined that funding for land is available from FCT and funds for buildings and development can be applied for through different grants from different agencies.
In addressing Mr. Jim Stivender, Jr., Public Works Director, Commr. Cadwell stated that, hopefully, we are moving forward with the park. Mr. Stivender confirmed that the contract for the orange crop is not being renewed this year. He stated that grubbing and clearing will be done this summer. Commr. Cadwell stated that he considers summer to be here and everyone in Umatilla is anxiously awaiting completion of the park.
Commr. Hanson called for a vote on the motion which carried unanimously, by a 5-0 vote.
Mr. Jim Stivender, Jr., Public Works Director, introduced Mr. David Vasquez who is the new Director of the Fleet Management Division.
APPOINTMENTS - ELDER AFFAIRS COORDINATING COUNCIL
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board appointed the following persons as at-large members to the Elder Affairs Coordinating Council:
· Ms. Catherine Bailey - term ending January 31, 2007
· Ms. Deanna Chapman - term ending January 31, 2007
· Ms. Linda McFadden - term ending January 31, 2008
Commr. Hill noted that another Elder Affairs symposium will be held this fall.
APPOINTMENT - HISTORICAL MUSEUM ADVISORY COMMITTEE
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed Mr. Paul Rodgers to the Historical Museum Advisory Committee as a member of the public at large for a three-year term ending March 28, 2009.
APPOINTMENT - MT. PLYMOUTH-SORRENTO PLANNING ADVISORY COMMITTEE
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board postponed the appointment of individuals to two vacant positions on the Mt. Plymouth-Sorrento Planning Advisory Committee.
APPOINTMENT/REAPPOINTMENTS - LAKE COUNTY PARKS AND RECREATION ADVISORY BOARD
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed/reappointed the following persons to vacant positions on the Lake County Parks and Recreation Advisory Board, serving two-year terms beginning May 20, 2006:
· Dawn McDonald - appointed as designee of the Lake County School Board
· Jim Myers, Jr. - reappointed as representative of the Lake County League of Cities
· Michael Perry - reappointed as representative of the Lake County Water Authority
· Michael Stone - reappointed as at-large member who is a resident of the unincorporated area of Lake County
Commr. Hanson noted that the appointment to fill the vacancy of a representative of County Commission District 4 will be postponed until additional applications are received.
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, advised that he would like to schedule a closed session, lasting probably thirty minutes, for the third week of this month, to address general litigation.
REPORTS - COUNTY MANAGER
UPDATE ON BRUSHFIRE
Mr. Gary Kaiser, Public Safety Director, gave a briefing on the Far Reach II Fire in the Tavares area (near County Road 561 and County Road 448). About 633 acres have burned, with 430 of those acres being back-burned by the Division of Forestry. (An aerial photograph is included in the backup material.) Since Saturday, April 29, about $6,300 has been spent on suppression costs. The fire is totally contained with a 100% line around the fire. He stressed that the fire has not been out of control. Smoke from the fire may continue for about two weeks.
Commr. Stivender commented that Tavares Middle School will not be closed but all PE classes and other activities will be held indoors because of smoke and ashes.
Mr. Kaiser confirmed that crews have been doubled on every brushfire call and will remain so as long as the drought index is over 500.
REPORTS - COMMISSIONER HILL - DISTRICT #1
SHERIFF’S VOLUNTEER BANQUET
Commr. Hill announced that she and Commr. Pool attended the recent Sheriff’s volunteer banquet. About $200,000 in volunteer hours have been contributed over the last several years. She noted that Lake County’s Volunteer Banquet will be held May 3, 2006.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
PROCLAMATION - PROVIDER APPRECIATION DAY
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the execution of Proclamation 2006-78 declaring May 5, 2006, as Provider Appreciation Day.
LAKE COUNTY DAY
Commr. Stivender explained that, over the past few years, the County has been the lead in organizing Lake County Day. Now that the Chamber Alliance of Lake County is operational, the Lake County Day committee suggested that the business funds be transferred into an account so that the business community can get more involved.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the transfer of Lake County Day business funds into an account under the Chamber Alliance of Lake County.
Commr. Stivender advised that the Lake County Day committee has asked her to be a member of the new committee.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
FLORIDA ASSOCIATION OF COUNTIES
Commr. Cadwell gave an update on his term as President of the Florida Association of Counties. A CRA (Community Redevelopment Agency) bill was passed this week and it is anticipated that Governor Jeb Bush will sign it. They are still working through the impact fee and the county preemption legislations. He stated that the annexation bill is looking better today than it did yesterday.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
DEVELOPMENT OF REGIONAL IMPACT (DRI) PROCESS
Regarding the DRI (Development of Regional Impact) process, Commr. Hanson suggested that it would be helpful to the Board if the Department of Growth Management would make a presentation that includes a checklist on smart-growth items.
Commr. Cadwell agreed but stated that it should be rules that have been adopted by the Board.
Ms. Cindy Hall, County Manager, stated that staff will come up with some generalized criteria that they would recommend for the Board that could be applied to the subsequent processes that will come before the Board.
SHETLAND TRAIL - SPECIAL ASSESSMENT LIENS
Commr. Hanson stated that the Board previously approved a special assessment on Shetland Trail in Sorrento. She stated that, because that road project is not happening for a lot of reasons, and because liens have been placed on those properties, those liens need to be removed. An in-house project, probably something less than solid pavement, is being considered and will probably reduce the price. Information will come back before the Board for a special assessment for the in-house work which should be substantially less than the original assessment. She stated that, in the meantime, those original liens need to be removed.
Mr. Sandy Minkoff, County Attorney, stated that a resolution would be needed for action to remove the liens. One person has paid and a refund process will be worked out for that person.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Resolution 2006-81, subject to the County Attorney’s approval, to remove special assessment liens on Shetland Trail (Sorrento) properties.
LAKE COUNTY CITIZENS’ ACADEMY
Commr. Hanson stated that the Lake County Citizens’ Academy is functioning very well. She suggested that the Board consider the opportunity to begin a leadership-type group of alumni of the Citizens’ Academy for periodic meetings. This could be for educational purposes as well as bringing back alumni suggestions to County government. She asked the County Manager to bring recommendations to the Board.
SCHEMATIC DESIGN MEETINGS FOR JUDICIAL CENTER EXPANSION
Commr. Hanson stated that an e-mail to the County Manager mentioned a suggestion that was made by Mr. James Watkins, Clerk of Courts, and agreed to by Administrative Judge Don Briggs, that the Board designate a Commissioner or a representative to attend meetings on the schematic design for the Judicial Center expansion. She remarked that this group may be meeting once a week and that she might not be able to attend those meetings.
Commr. Hill stated that she is the liaison for Capital Improvements and has the time and would be willing to attend those meetings.
Ms. Cindy Hall, County Manager, explained that, as the designs move forward for all of the buildings, there have been ongoing meetings, usually every Friday, with the stakeholders who are the occupants of the buildings.
Mr. Sandy Minkoff, County Attorney, stressed that there is no group or committee. Those are not public meetings, just meetings with stakeholders and staff; therefore, it would be anticipated that only one Commissioner would attend the meetings.
There was consensus that Commr. Hill will attend the meetings.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Travis Whigham, Forest Hills Association, thanked Commr. Stivender for her work with the Lake County Safe Climate Coalition to help steer children away from underage drinking and drugs. He thanked the Board for a public bus route that begins one day per week on May 12 (Paisley area to DeLand). He thanked the Board for the mobile health clinic and asked for professional signs that can be placed in various neighborhoods to notify residents of the days the clinic will be in their area. He offered to place the signs if staff can make them. He asked the Board to push forward on the Jewel Drive road project so that fire trucks and police units can access the Forest Hills/Lake Mack community. Mr. Whigham advised that he may be working in Daytona soon and unable to attend Board meetings on a regular basis. He stated that he will continue to work to meet all the needs of the community.
Commr. Hanson commented that it will be difficult to get a handle on the meth lab problem without having more of the rural roads paved. She stated that Jewel Drive and Bigfoot Way need to be paved and maintained by the County and need to be connected to Pine Lakes. She stated that deputies cannot and will not patrol those dirt roads on a regular basis. She strongly encouraged the Board to support staff moving forward on paving or double surface treating or some other method of stabilizing Jewel Drive.
Commr. Cadwell asked if staff can bring an update to the next Board workshop or retreat.
Mr. Jim Stivender, Jr., Director of Public Works, stated that there are some right of way issues and design issues within the County’s right of way. He advised that a consultant would need to be hired to evaluate the corridor. He will bring a presentation, including costs, back to the Board.
RECESS & REASSEMBLY
At 10:15 a.m., Commr. Hanson announced a recess until 2:00 p.m.
PUBLIC HEARINGS - REZONINGS
REZONING CASE PH#38-06-4 - SORRENTO VILLAGE, JAY E. FOLK, VP - MCINTOSH & ASSOCIATES - TRACKING NO. 49-06-PUD
REZONING CASE PH#13-06-4 - SORRENTO HILLS, INC. - JOHN GRAY, JR., MANAGER, EAGLE DUNES - TRACKING NO. 13-06-PUD
Commr. Hanson disclosed a potential conflict of interest for the record. She stated that her son rents a home that is adjacent to property in question for Sorrento Village and explained that a road may go though her son’s landlord’s property. With an abundance of caution and conservatism and on the advice of the County Attorney, she announced that she will be abstaining today from any vote or discussion on Rezoning Case PH#38-06-4; Sorrento Village, Jay E. Folk, VP; McIntosh & Associates; Tracking No. 49-06-PUD. (Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was submitted by Commr. Hanson and is included in the backup material.)
Commr. Hanson, Chairman, passed the gavel to Commr. Cadwell, Vice Chairman, and left the meeting temporarily.
REZONING CASE PH#38-06-4 - SORRENTO VILLAGE, JAY E. FOLK, VP - MCINTOSH & ASSOCIATES - TRACKING NO. 49-06-PUD
Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Department of Growth Management, stated that representing attorneys for both cases would like to address the Board and request a postponement.
Commr. Cadwell called for comments from the applicant’s representative for Rezoning Case PH#38-06-4; Sorrento Village, Jay E. Folk, VP; McIntosh & Associates; Tracking No. 49-06-PUD.
Mr. Steve Richey, Attorney, representing the applicant, stated that the School Board passed a resolution yesterday asking that we not proceed with this case until we have had an opportunity to meet with School Board staff to work on the location and conditions of the school site, which is a part of the PUD request. He asked that the case be continued until July 25, 2006 based on the request by the School Board to the Commissioners. He stated that he had met with Ms. Leslie Campione and some of her clients and she represented yesterday that there were some unresolved issues and she thought, if a continuance were granted, those issues could be worked out. He stated that he did not meet with his clients after the School Board’s workshop and that is why he is coming before the Board today with this request.
Ms. Leslie Campione, Attorney, representing the opposition, remarked that she did not recall telling Mr. Richey that she was in favor of a postponement. She stated that they attended the School Board meeting yesterday because the rezoning issue was on their agenda. The PUD shows a 19-acre school site that becomes zoned as a school site if the PUD were to be adopted. She stated that only School Board Member Larry Metz had knowledge of it and the other School Board members wanted to learn more about the development and the proposal. She stated that the school site issues that concern the School Board are that there is not yet road right of way that would allow that school to go to the intersection of State Road 46 and County Road 437. She stated that a second issue for the School Board is that there is no guarantee that water and sewer will be available until a study is done. She stated that she raised another issue that the location is not necessarily the best location for the people she represents because it is in the middle of the lowest density area as opposed to being internal to the subdivision. Ms. Campione stated that this Board has to deal with the land use issues. She opined that, asking for a continuance today because the School Board asked for it, is a manipulation of this process. She thinks the School Board did not know what else to do and they had difficulty framing their motion. She remarked that the developer has to deal with the issues that he does not have right of way and that it is not the best site. She stated that the audience members want to talk to the Board about those issues.
Commr. Cadwell asked Ms. Campione if it was her understanding, when she left the School Board meeting, that the School Board was requesting that the hearing be postponed. Ms. Campione replied that she thinks they did not know what else to do because they felt these are issues that have to be resolved.
Mr. Richey stated that Ms. Campione asked the School Board to ask this Board to continue this case. He stated that the School Board did that in response to her request. He stated that that it needs to be clear that he was asked, based on her request, if he could continue it and he did not have authority to do it yesterday.
In response to Commr. Cadwell’s inquiry about an official request from the School Board, Ms. Dawn McDonald, Senior Planner, Lake County School District, read into the record from a May 2, 2006, document from the School Board as follows: “We recommend to the Board of County Commissioners that there are enough unresolved issues in this PUD that we request that they delay the hearing so that we might work further with the developer on potential school sites.” (The document, on Lake County Schools’ letterhead, was presented to the Deputy Clerk and was marked as Exhibit A for the School Board.) Ms. McDonald stated that, overall, the School Board wishes that staff continue to work with the applicant to work out some of these issues. She added that the School Board listened to some resident input yesterday.
Commr. Cadwell agreed with Ms. Campione that there are a lot of issues with this site besides the school. He explained that this Board has always erred on the side of trying to cooperate with the School Board.
Commr. Cadwell opened the public hearing and called for public comment on the postponement.
Commr. Cadwell asked the people being represented by Ms. Campione to raise their hands and asked Ms. Campione if her clients have a problem with the postponement, knowing that she prefers not to postpone the hearing. Ms. Campione asked her clients to raise their hands if they have a problem with the postponement (to July 25, 2006) and opined that she is adequately representing what their feeling is on this. Commr. Cadwell stated that he understands the frustration of this being their second meeting, but again, this Board would generally err on the side of the request from another governmental entity.
Ms. Campione asked what Mr. Richey intends to do between now and July 25. Mr. Richey stated that he thinks there are clearly some things the School Board asked questions about yesterday. One was the access which they need to provide information on and the second thing is a request of Ms. Campione’s clients to look at relocating the site within the PUD to have it more palatable for them. He stated that his understanding is that the School Board directed their staff, as a priority, to sit down with him and try to work out issues, such as buffering, if the site were to be left where it is because compatibility is the issue Ms. Campione raised yesterday. He stated that they have been meeting with staff since December but yesterday was the first time the School Board gave staff direction to sit down and try to work out the issues. He stated that they may not be able to do that. He stated that, if that is not worked out by July 25, they will come back to this Board with whatever plan they have and this Board can decide it then.
Commr. Cadwell asked if Commr. Stivender will be here this afternoon and Ms. Cindy Hall, County Manager, replied that Commr. Stivender indicated she may not be able to be present.
Ms. Campione asked to say to her clients that if what she said yesterday was an actual request for a postponement of this case, it was not.
Commr. Cadwell closed the public hearing regarding the postponement.
Commr. Pool stated that this Board should honor the School Board’s request and it does not make sense to go forward without clear communication and clear understanding.
On a motion by Commr. Pool, seconded by Commr. Hill and carried, by a vote of 3-0, the Board approved the postponement, until July 25, 2006, and per the Lake County School Board’s request, on Rezoning Case PH#38-06-4; Sorrento Village, Jay E. Folk, VP; McIntosh & Associates; Tracking No. 49-06-PUD.
Commr. Hanson was not present for the vote, having previously announced that she would abstain from the vote and the discussion.
Commr. Stivender was not present.
REZONING CASE PH#13-06-4 - SORRENTO HILLS, INC. - JOHN GRAY, JR., MANAGER, EAGLE DUNES - TRACKING NO. 13-06-PUD
Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Department of Growth Management, stated that the applicant in Rezoning Case PH#13-06-4; Sorrento Hills, Inc.; John Gray, Jr., Manager, Eagle Dunes; Tracking No. 13-06-PUD is requesting a postponement.
At 2:15 p.m., Commr. Hanson, Chairman, returned to the meeting and Commr. Cadwell, Vice Chairman, passed the gavel back to her.
Mr. Jimmy Crawford, Attorney, GrayRobinson, P.A., stated that he represents the applicant. He reminded the Board that he came last week ready to hear the case and the neighbors and their attorney presented a written request for a postponement. For the record, he submitted a copy of Leslie Campione’s April 24, 2006, letter addressed to Commr. Hanson (the letter was marked as Exhibit A-1 for the applicant). He stated that Ms. Campione requested a postponement “until the entire Commission is in attendance” because it was an issue of extreme importance to the community and because it “is a difficult task that should be undertaken with the input of each one of the County Commissioners.” He stated that he has never asked for a postponement in this case but, unexpectedly, there is a County Commissioner gone today. He stated that, pursuant to the opposition’s request last week, he requests a short postponement, not 60 days. He stated that they would like to have the hearing the first time five Commissioners are present.
Commr. Cadwell suggested that, if this case is postponed, both cases could probably be done on the same timeframe because both cases affect the same people and they will be frustrated enough when they leave today. Mr. Crawford stated that he will have people out of the country at the end of July and there is a closing on this property before then. He reiterated his request for the next possible hearing at which five Commissioners are present.
Commr. Cadwell stated that he feels somewhat responsible because he was not at last week’s meeting. He apologized and explained that he was in Tallahassee because of his commitment to Lake County and the other Florida counties for this one year (as President of the Florida Association of Counties). He stated that his absence put Ms. Campione in a bad situation. He stated that he feels a responsibility to the folks present and he knows these types of proceedings make people hate government. He stated that, if Ms. Campione’s request was for a postponement last week because the full Board was not present, it will be hard to not grant today’s request. Ms. Campione noted the impact both cases have on the same area. She opined that it is only fair that these meetings be scheduled for the same day so that these folks do not have to attend two different meetings. Commr. Cadwell agreed.
Commr. Hanson opened the public hearing and called for public comment on the postponement.
Commr. Hanson stated that Ms. Campione represents the majority of folks in the audience and she has agreed, if it is to be postponed, that it be postponed at least 60 days so that both cases can be heard at the same time.
A motion was made by Commr. Cadwell and seconded by Commr. Pool to postpone, until July 25, 2006, Rezoning Case PH#13-06-4; Sorrento Hills, Inc.; John Gray, Jr., Manager, Eagle Dunes; Tracking No. 13-06-PUD.
Board members agreed with Ms. Campione that those two cases can be first on the Board’s July 25 rezoning agenda.
Under discussion, Commr. Pool noted that Mr. Crawford wishes to speak.
Mr. Crawford stated that they had their first meeting with the County, and received a letter from Mr. Jeff Richardson (former Planning Manager, Planning and Development Services), more than 18 months ago. He stated that, at that time, they had a closing which they postponed. He stated that his client is going to make a multi-million dollar investment based on a very uncertain vote. He reiterated his request for a hearing earlier than July and he noted that the regular zoning meeting is the end of this month. He apologized to the audience, most of whom are not present for this case, and stated that it is really important to come back before the first of June.
Commr. Cadwell asked if Mr. Crawford wants to hear the case today. Mr. Crawford stated that he does not.
Commr. Hanson mentioned that this applicant did not request the postponement last week and she stated that she does not have a problem with 60 days. She added that probably is the best we can do today unless it is heard today.
Commr. Hanson called for a vote on the motion, which carried by a vote of 4-0, whereby the Board approved the postponement, until July 25, 2006, of Rezoning Case PH#13-06-4, Sorrento Hills, Inc., John Gray, Jr., Manager, Eagle Dunes, Tracking No. 13-06-PUD.
Commissioner Stivender was not present.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:25 p.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK